[Carfanate]

Another relevant post found on this forum:

In the name of Allah, Most Compassionate, Most Merciful,
Muslims are generally obliged to abide by the laws of the land and the country they live in, whether it is a Islamic state (al-khilafa), Muslim countries, or non-Muslim countries such as those in the west, as long as they are not ordered to practice something that is against Shariah. If they are forced by the law to commit a sin, then in such a case, it will not just be unnecessary to abide by the law, rather impermissible.

Some Muslims are under the impression that it is permissible to violate the laws of countries that are not an Islamic state (al-Khilafa), which is totally incorrect. Muslims must adhere to the laws of any country they live in, whether in the west or the east, as long as the law is not in contradiction with one’s religion.

Sayyiduna Abd Allah ibn Umar (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “It is necessary upon a Muslim to listen to and obey the ruler, as long as one is not ordered to carry out a sin. If he is commanded to commit a sin, then there is no adherence and obedience.” (Sahih al-Bukhari, no. 2796 & Sunan Tirmidhi)

The above Hadith is general, in that it does not distinguish between Muslim and non-Muslim lands, although the understanding of the scholars is that it generally applies to Muslim lands.

Furthermore, many scholars have divided non-Muslim lands (dar al-Harb/kufr) into two categories, Dar al-Khawf & Dar al-Aman. The former (dar al-khawf) refers to a land where Muslims are under a constant threat and fear with regards to their religion, life and wealth, whilst the latter (dar al-Aman) refers to a land where Muslims are relatively secure and safe. In Dar al-Aman (such as many non-Muslim countries in the west), many of the injunctions and rulings are very similar to Muslim lands (dar al-Islam), thus the command of following the laws of the land would also apply in these non-Muslim lands. (See: Radd al-Muhtar)

Those who are of the view that it is not necessary to obey the laws of the land unless it is ruled by a proper Islamic governance system, usually say that these laws are non-Islamic and man made, and one is only obliged to abide by the laws of Allah!

In reality, this is a very immature understanding of Islam, for even an Islamic Khilafa government would implement laws that are the creation of their own minds and Ijtihad. If an Islamic government sees the need to implement a certain law, then it has the full jurisdiction to do so, even if it is not found in the Qur’an and Sunnah.

All the scholars unanimously agree that, if an Islamic government decides to implement a law for the benefit of the country and its citizens, then there is nothing wrong in doing so, as long as it does not contradict Shariah, and this law will be binding upon every citizen of that country, even if it was not made obligatory by Shariah initially. Therefore, the laws which an Islamic Khilafa government will set down will also be “man made”, and binding upon all the citizens.

Then the case here is not between “Allah’s laws” and “man made laws” rather one must understand and deal with the issue more rationally and deeply.

When one lives in a particular country, one agrees verbally, in writing or effectively to adhere to the rules and regulations of that country. This, according to Shariah, is considered to be a covenant, agreement and trust. One is obliged to fulfil the trust regardless of whether it is contracted with a friend, enemy, Muslim, non-Muslim or a government. The Messenger of Allah (Allah bless him & give him peace) and his Companions (Allah be pleased with them all) always stood by their word and did not breach any trust or agreement, as it is clear from the books of Sunnah and history. Thus, to break a promise or breach a trust of even a non-Muslim is absolutely unlawful and considered a sign of being a hypocrite (munafiq).

Allah Most High states:

“And fulfil (every) engagement (ahd), for (every) engagement will be enquired into (on the day of reckoning).” (Surah al-Isra, v. 34)

Similarly, Allah Most High states:

Allah does command you to render back your trusts to those to whom they are due, and when you judge between people that you judge with justice.” (Surah al-Nisa, v. 58)

And regarding the one who breaks an agreement and is guilty of treachery, Allah Almighty says:

“Allah loves not the treacherous.” (Surah al-Anfal, v. 58)

Sayyiduna Abu Hurayra (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “The signs of a hypocrite are three: When he speaks he leis, when he makes a promise he breaks it, and when he is given a trust he breaches it.” (Sahih al-Bukhari, no. 33)

Sayyiduna Abd Allah ibn Amr (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “Four traits, if found in an individual, then he will be a complete hypocrite (munafiq), and if an individual possesses one of these four, he will have one portion of nifaq: When he is given a trust he breaches it, when he speaks he leis, when he makes an agreement (ahd) he is guilty of treachery and disloyalty (gadar), and when he disputes he is fouled mouth.” (Sahih al-Bukhari, no. 34)

The Messenger of Allah (Allah bless him & give him peace) clearly gave guidance as how to one’s behaviour should be towards a person with whom one has an agreement or a covenant.

Safwan ibn Sulaym narrates from a number of Companions of the Messenger of Allah (Allah be pleased with them all) on the authority of their fathers who were relatives of each other, that the Messenger of Allah (Allah bless him & give him peace) said: “Beware, if anyone oppresses (or wrongs) the one with whom one has a agreement (mu’ahid), or diminishes his right, or forces him to work beyond his capacity, or takes from him anything without his consent, I shall plead for him on the Day of Judgment.” (Sunan Abu Dawud, no. 3047)

The above Hadith is quite clear, in that a Muslim is obliged to fulfil the covenant or agreement of even a non-Muslim. If such an agreement (ahd) takes place, then one will be considered to have safeguarded his life, wealth and property. It will be unlawful (haram), as mentioned quite clearly in the Hadith, to take any wealth of the one with whom there is an agreement without his consent. This categorically rules out the notion of some who consider taking of government wealth even by unlawful means to be permissible.

The practice of the Messenger of Allah (Allah bless him & give him peace) and his Companions (Allah be pleased with them all) also clearly illustrates the importance of fulfilling a covenant, and the unlawfulness of treachery.

During the battle of Khaybar which took place between the Muslims and Jews, the Messenger of Allah (Allah bless him & give him peace) and his Companions (Allah be pleased with them all) besieged the fort of Khaybar wherein the Jews were residing. A poor Shepard who was working for his Jewish master had already heard about the Messenger of Allah (Allah bless him & give him peace), and upon seeing the Muslim army, thought that it was a good opportunity to inquire about Islam. He came out of the fort with the goats and sheep he was looking after and asked the whereabouts of the Messenger of Allah (Allah bless him & give him peace). Upon being directed towards the Messenger of Allah (Allah bless him & give him peace), he inquired about the basic teachings of Islam, and then said: “What will my status be if I accept Islam?” The Messenger of Allah (Allah bless him & give him peace) replied: “I will embrace you, you will become my brother and enjoy the same rights as other Muslims.” He said: “I am very poor and in a bad state. I am totally black and have bad odour coming from my body and cloths. How will you embrace me if I am in such a condition?” The Messenger of Allah (Allah bless him & give him peace) replied: “I shall embrace you, for all of Allah’s servants are equal in His sight.” He said: “If I embrace Islam, what will my fate be?” The Messenger of Allah (Allah bless him & give him peace) said: “I bear witness that if you accept Islam, Allah will change the darkness of your body to light, and the bad odour to good fragrance.” These words of the Messenger of Allah (Allah bless him & give him peace) had their effect on his heart, thus he embraced Islam.

After entering into the fold of Islam, he asked the Messenger of Allah (Allah bless him & give him peace) what he was obliged to do? The Messenger of Allah (Allah bless him & give him peace) said that they were at the moment in the midst of war, thus the obligation at this moment and time was to participate in Jihad. However, the Messenger of Allah (Allah bless him & give him peace) said to him: “The first and foremost thing you need to do is return these animals to its Jewish owner and then engage in Jihad.”

As mentioned earlier, these animals belonged to a Jew who was in the opposing army, but the Messenger of Allah (Allah bless him & give him peace) ordered him to go back and return them. The reason being, that he had taken these goats and sheep on a trust, and it is necessary by Shariah to return the belongings taken on trust back to its owner.

Thereafter, he participated in the holy battle (jihad) and was amongst the martyrs. The Messenger of Allah (Allah bless him & give him peace) recognised his body, thus addressed his Companions that I see with my own eyes that he has been given a bath in the sacred water of paradise, and Allah has changed his darkness to shining white and his bad foul smell to refreshing fragrance.

The above is an amazing example of fulfilling a trust of even an enemy. The Messenger of Allah (Allah bless him & give him peace) was in the midst of war with the Jews of Khaybar, yet he ordered the herdsman to go back and return the animals.

It is true that, a Muslim army is allowed to seize the wealth and belongings of the opposing army during the state of war, but because the Shepard had taken these animals under a contract before the war, he was ordered to fulfil the contract, thus return them to its rightful owner sound and safe.

Those who claim that one may rob and loot the wealth of the western governments in any way possible, should ponder over the abovementioned incident with due diligence. If the Messenger of Allah (Allah bless him & give him peace) orders the belongings of a Jew (who is in the opposing army) to be returned to him, then how can one substantiate the permissibility of taking the wealth of the government unlawfully!

In conclusion, it is necessary by Shariah to abide by the laws of the country one lives in, regardless of the nature of the law, as long as it does not contradict Shariah. However, if the law demands something that is against Islam & Shariah, then it will be necessary to abstain from adhering to it, for the famous Hadith states:

“There is no obedience of the creation wherein there is disobedience to the Creator.” (Musnad Ahmad).

And Allah Knows Best




Muhammad ibn Adam
Darul Iftaa
Leicester , UK

http://www.daruliftaa.com/question.a...nID=q-18270572

[Carfanate]

salaam

this is totally incorrect. it is well known and said jihad is not only the ulimate deed but the most complete. what sufis spend years obtaining mujaahids earn in days. why did rasoolullah (saw) immediatly send new muslims to jihad. he didnt keep them with him or send them to as suffa. when you are in jihad you learn sabr,tawakul,ikraam ul muslimeen,yakeen,zuhd and many many more qualities. infact its the quickest shortest and easiest way to turn the most jaahil and corrupt individual into a wali Allah

I had no intention of addressing this reply, but I am unable to restrain myself after your reading your most recent post elsewhere.

What's totally incorrect? You are including the statements of Mufti Ahmad Desai and Maulana Ashraf Ali Thanwi . I request you to ask yourself honestly what knowledge or experience you possess regarding this issue that qualifies you to make such a judgement.

Your opinion that Jihad fulfils the requirements of purification of the heart is not well known at all, nor is it borne out at all in reality. On the contrary, transgressions continue to be perpetrated by those whose Nafs are in an wholly inadequate state for this effort.

Never has this act of Ibadah, nor any of the other deeds labelled by the Ahadith as amongst the greatest deeds, has ever been presented as a substitute to the process of purifying the heart through the Suhbat of, diagnosis by, and prescription of cures by a Kamil Murshid.

Although the 13 years of spiritual training of the Sahabah is used by the ulama as an example to the Ummah, in reality each and every Sahabah was ready the very instant he opened his heart to the Prophet

finally as for those who say shaikh abdullah azzam (shaheed) never lived in kuffar lands thus doesnt know what he is on about should fear Allah (swt). he is the greatest mujaddid to live in the pass 100 years even greater than hakeem ul ummah maulana ashraf ali thanvi (ra) and this is coming from a deobandi. whoever made that comment should immediatly retract it. this forum has a habit of following scholars and their rulings on JIHAD even though every scholar they follow hasnt even fired 1 bullet in fi sabeelillah. why dont you tell all them scholars to keep their mouths shut and not talk about jihad. what hyprocasy

You're last post can be misintepreted, and I sincerely hope your intent was never to implictly accuse scholars such as Maulana Ashraf Ali Thanwi of 'hypocrasy'.

This is sincere advice to you. I ask from you forgiveness if my tone was inappropriately harsh in any way. I will leave it at that and not continue discussion with you on this issue after this post.

[picinaRefadia]

Mufti Shafi' Usmani on the Jihad-Tasawwuf issue discussed in the posts above:

ENVIABLE MODESTY
Every vehicle has a story of courage of the mujahideen behind it but they describe it very briefly if asked very probing questions. They never relate anything on their own... neither they have time for that nor a desire. Their only objective is to drive out the communists from Afghanistan or achieve martyrdom. Rather, everywhere during my seven day journey, I felt that they intentionally keep away from relating their stories. I have met and asked many mujahideen who have been fighting for years to relate me firsthand the achievements that are associated with them but either they tactfully change the subject or relate the feats of some other mujahideen.
I attribute their hesitancy to two things. They do not believe that they have done anything, rather they regard the achievements as a blessing from Allah which might be withdrawn from them if they brag about it. Secondly, they fear that they may deprive themselves of their reward in the hereafter if they speak about their feats and that is considered an ostentations conduct. The truth is that one feels like embracing them for this characteristic of humility in them. Such a conduct is available to a disciple after years of devotional exercises at a Khanqah (recluse) of a saint. Allah had blessed them with it through their exercises in jihad. [Mufti Shafi' Usmani, Jihad in Afghanistan Against Communism, Darul-Ishaat Karachi, p. 64-65]

THE WORDS OF MAWLANA MAHMOOD-UL-HASAN
My respected father, Mufti Azam of Pakistan, Rahmatullah `alayhi, Mawlana Mufti Muhammad Shafi used to say that someone asked Mawlana Mahmood-ul-Hasan, "The Sufis get their disciples to go through strenuous devotional exercises but the Prophet did not get his sahabah to go through anything like that. Then why do the Sufis do that"?
The Shaykh ul-Hind as the Mawlana was known gave him a reply whose exact words I do not remember but the gist of it was as follows. (Rafi)
The fact is that struggle and devotional exercises (mujahadah and riyadat) are not the objectives of Tariqat (the path in search of inner reality of religious and spiritual life). The objective is to reform inner manners so that the relationship with Allah becomes correct and firm and the soul il accustomed to observe Shari`ah. The struggle and exercises are prescribed towards this objective as a cure for the soul so that it is accustomed to strenuous activity and restraining passionate desires. When one is thus accustomed, observance of sunnah becomes easy and only guidance is enough to be able to observe Shari`ah which the mentor provides regularly.
This objective was achieved by the Sahabah in the company of the Prophet through jihad alone to such an extent that they did not require any other exercise or struggle. In just a single jihad they achieved such high ranks of sulook and tariqat that others do not accomplish them after many years of exercises. Even today if anyone is under the eyes of a perfect mentor and is also occupied in jihad then he does not require much mujahadah (devotional exercises) because jihad itself is a great mujahadah which is ideal for spiritual and inner uplift and progress. [Mufti Shafi' Usmani, Jihad in Afghanistan Against Communism, Darul-Ishaat Karachi, p. 131-132]

[RaicickKida]

when our ulema and huffaz and imams and mosque teachers are on benefit fraud and school and mosque runs in unofficial taxis and 12 seaters..
obtaining houses by deception
paying low wages to get more tax credit

and when muslims in one street even dont like or help each other

when mobile phone ring tones ring in every namaz from even grown men

when people just talk big about other lands and brothers etc,but refuse to make salam to those nearby

when even a family dont get along

or muslims scheme to take each other down

including countries neighbouring the oppressed




wait and take the wrath of allah
in the shape of zulm from even non believers

take the punishment of allah in all its forms

[mas-dkt-sive]

Still not answered my questions....well a bit....ok...scenario 1....it is against the law to preach jihad....Is it a sin to preach it.... 2. The law states in some countries (UK?) that polygamy is not allowed...is it a sin to enter into a polygamous marriage 3. The law states that all taxable revenue should be declared...Do the ulema who teach between 5-7pm have to declare the cash that they receive even though its peanuts....All 3 scenarios are real life examples..

.

with regards to polygamy,our Islamic marriages only require Nikah to make them valid and thus declaring them at the regesiter office is a personal choice. I know many couples who are married with only one wife yet they have not signed at the registry office so in the law of the UK,they are a co-habiting couple and not officially husband and wife.

[Hokimjers]

Still not answered my questions....well a bit....ok...scenario 1....it is against the law to preach jihad....Is it a sin to preach it.... 2. The law states in some countries (UK?) that polygamy is not allowed...is it a sin to enter into a polygamous marriage 3. The law states that all taxable revenue should be declared...Do the ulema who teach between 5-7pm have to declare the cash that they receive even though its peanuts....All 3 scenarios are real life examples..

Isn't the Mosque and the Muslim community in wrong because it is paying its teachers below minimum wage? Thus they are not declared as 'employees' as such, because they are paid way below minimum, and that money is then not taxable. So I think there is slight confusion as to who is responsible for non-declaration of taxes in this case.

[yxn2dC07]

i think i have mentioned this before. i asked a mufti regarding dodging tax. according to him it is ok to dodge tax, but better not to as it can give islam a bad name if it comes out in the open.

i believe i also read in the the majlis that present day tax is a zulam and it is ok to dodge it.

[mas-dkt-sive]

i think i have mentioned this before. i asked a mufti regarding dodging tax. according to him it is ok to dodge tax, but better not to as it can give islam a bad name if it comes out in the open.

i believe i also read in the the majlis that present day tax is a zulam and it is ok to dodge it.

By the way,tax AVOIDANCE and tax EVASION are two completely seperate things,as exaplined to me by a accountant.

The tax being zulm comment I dont agree with as for the txes we are paying,we do actually get a service out of it like the NHS etc. Its not like the olden days when the rulers would just levy a tax without giving something in return.

These taxes that we pay actually go towards many services that are provided for the public.

[Janny2006]

i think i have mentioned this before. i asked a mufti regarding dodging tax. according to him it is ok to dodge tax, but better not to as it can give islam a bad name if it comes out in the open.

i believe i also read in the the majlis that present day tax is a zulam and it is ok to dodge it.

What justification did he give? To a layperson those things would seem to be lying and deception, on the face of it... Even legal tax dodging is something I would take exception to in simplistic terms.

[mas-dkt-sive]

Isn't the Mosque and the Muslim community in wrong because it is paying its teachers below minimum wage? Thus they are not declared as 'employees' as such, because they are paid way below minimum, and that money is then not taxable. So I think there is slight confusion as to who is responsible for non-declaration of taxes in this case.

as someone in the know,all employees still have to declare their income and hours worked,regardless. Being paid below minimum wage is not a excuse and if the authorities find out,then people are liable for legal procedings. Regardless of what you are paid,ALL income has to be declared. being paid below minimum wage is not a accepted reason.

[yxn2dC07]

so benefit fraud,lying to get council houses,VAT fraud etc is all permissable according to these scholars??!!!!!!!!

i can also use loads of exclamation marks and put words into your mouth as well. but i wont.
did i say anything about benefit fraud, lying to get council houses?

By the way,tax AVOIDANCE and tax EVASION are two completely seperate things,as exaplined to me by a accountant.

from what i can remember, they did not make a distinction between the two. they just said that it is allowed to dodge tax.

The tax being zulm comment I dont agree with as for the txes we are paying,we do actually get a service out of it like the NHS etc. Its not like the olden days when the rulers would just levy a tax without giving something in return.

in my own opinion, i believe some tax does get spent in a correct manner. i also believe that some tax does not get spent in the correct manner.

These taxes that we pay actually go towards many services that are provided for the public.

it also goes towards many services that go against the public.

[mas-dkt-sive]

i can also use loads of exclamation marks and put words into your mouth as well. but i wont.
did i say anything about benefit fraud, lying to get council houses?



from what i can remember, they did not make a distinction between the two. they just said that it is allowed to dodge tax.

sorry bruv,ive amended my original post. You are right,no mention was made on benefit fraud etc.

Tax avoidance is perfectly legal if you can employ clever accountants. tax evasion is illegal. so muslims using legit methods to avoid tax is no problem.

I wouldn't shout about doing avoiding tax but it is perfectly legal and im sure all businesses who can afford to,do so,regardless of religeon.

[mas-dkt-sive]

I think we have got several different issues floating about here and its important that we don't jumble them all up together. One issue is benefit fraud by LYING about ones circumstances(married,income etc) to gain from the state.

another issue is tax avoidance which is perfectly legal.

now if scholars are advocating lying to get greater benefits,then they are utterly wrong. I know of incidents where couples have lied to the authorities about being divorced so that they can get council houses,due to the fact that a woman with children but no partner will go straight to the top of the list.

once the house is obtained,they make it seem that they are still divorved to give the allusion to the council due to possibility of being monitored. after about 3 years,you get the option of buying the property on the cheap and when the property has been bought,hey preston couple get together again.

and yes,this is done by the 'outwardly religeous' ones amongst us too,citing the reason,everybody else does it.

our community is so messed up(gujis in UK) but everyone sticks their head in the sand. and the worse thing is,if you tell someone,they will point to several scholars saying they do that too!!!

bl00dy depressing state of affairs.

[yxn2dC07]

how about this one...

allegedly a guy bought a house on mortgage and rented it out to his wife (they were not married on paper). council paid the rent. they both lived in the house. council paid the mortgage. free house!

[Janny2006]

how about this one...

allegedly a guy bought a house on mortgage and rented it out to his wife (they were not married on paper). council paid the rent. they both lived in the house. council paid the mortgage. free house!

That's probably legal! But halal?!

[mas-dkt-sive]

That's probably legal! But halal?!

the council would never have paid out if they knew they were married,islamically or otherwise. trust me,I know. The council would not have paid if they knew the landlord was the partner of the person renting the property. If she wrote on the form she is single and/or made it seem the landlord had no relation with her in terms of being a relative/family member,then that is lying.

[Hokimjers]

Engima, as you seem versed in this field, can you advise please and of course others who may know:

I was just discussing this with a friend of mine, who doesn't recieve payslips from the local mosque where she teaches, but she is payed by cheque. According to this that is illegal. What should she do now? Does she have to approach the mosque (doesn't want the hassle) or can she pay it up directly, or declare it, but then wouldn't the mosque get in trouble?

[mas-dkt-sive]

Engima, as you seem versed in this field, can you advise please and of course others who may know:

I was just discussing this with a friend of mine, who doesn't recieve payslips from the local mosque where she teaches, but she is payed by cheque. According to this that is illegal. What should she do now? Does she have to approach the mosque (doesn't want the hassle) or can she pay it up directly, or declare it, but then wouldn't the mosque get in trouble?

Is the masjid/madrassa a registered charity? does she claim working tax/child tax credits(NOT CHILD BENEFIT)

I know a few people get paid like this and they've let the authorities know and at the end of the year,HMRC send them a slip which is a request for payment of various taxes. Its not a massive amount I believe. But these people are in receipt of working/child tax credits and in order for HMRC to make the right payments,it is imperative to let them know the income coming into the house hold.

Give me a few days and I shall try to find out exactly where your friend stands.

personally,my policy has always been be honest and upfront and it wont come bite you in the backside in the future.

[mas-dkt-sive]

Engima, as you seem versed in this field, can you advise please and of course others who may know:

I was just discussing this with a friend of mine, who doesn't recieve payslips from the local mosque where she teaches, but she is payed by cheque. According to this that is illegal. What should she do now? Does she have to approach the mosque (doesn't want the hassle) or can she pay it up directly, or declare it, but then wouldn't the mosque get in trouble?

FROM YOUR LINK:

If you work part-time or on a casual or temporary basis you must pay Income Tax and National Insurance contributions if you earn more than £6,475 per annum. This applies whether you are employed or self-employed.

If she earns less that this figure then it wont be a issue.

Another thing is the not disclosing of payments for working in madrassa mainly becomes a issue when one is married and in receipt of working tax/child tax benefits as to qualify for them you have to state your income. and based on your income you get certain payments. so if you declare a less amount you get more money. so what people do if the husband is working a full time job then they only declare his income and if the husband/wife goes to madrassa then that income is not declared thus they get more money from the benefits side due to only declaring the full time job information but but the income from madrassa is not mentioned. if the income from the madrassa was mentioned then the benefits payment would go down.

hope that made sense.

is this friend of your married? does the husband work? if so how many hours?

[Hokimjers]

Is the masjid/madrassa a registered charity? does she claim working tax/child tax credits(NOT CHILD BENEFIT)

I know a few people get paid like this and they've let the authorities know and at the end of the year,HMRC send them a slip which is a request for payment of various taxes. Its not a massive amount I believe. But these people are in receipt of working/child tax credits and in order for HMRC to make the right payments,it is imperative to let them know the income coming into the house hold.

Give me a few days and I shall try to find out exactly where your friend stands.

personally,my policy has always been be honest and upfront and it wont come bite you in the backside in the future.

Mosque is registered as charity and not on any benefits, tax credits etc etc.