"As for those who sell for a small price the covenant and faith they owe to Allah and their own plighted word for a small price, they shall have no portion in the Hereafter. Nor will Allah speak to them or look at them on the Day of Judgment, nor will He cleanse them: They shall have a grievous torment, a painful doom." [3:77]
The huge coverage given to the book by the former Islamic activist Ed Husain has got me thinking. After reading the book it was clear to me that he was a troubled soul – on a journey through the radicalism of the Muslim Brotherhood and Hizb ut-Tahreer he ends up doubting his own faith and even contemplates leaving Islam for Buddhism or Christianity. Still confused, he starts teaching English at the British Council and rediscovers what he describes as "traditional Islam". He later returns to the UK and decides to write a book cataloguing his experiences and urges the Government to move strongly against Islamists'. The 'Islamists', according to him, are the greatest threat facing all Muslims and non-Muslims in the UK he argues.
Muslim writers and bloggers including Andrew Booso, Yahya Birt, Faisal Haque, Yusuf Smith, Ziauddin Sardar and Inayat Bunglawala have concisely articulated the deficiencies of Husain's rather simplistic analysis. Earlier this week, Husain made a brief appearance to defend himself against the criticisms levelled against him on DeenPort, however he soon departs, with dozens of questions left unanswered. Husain argues that the people who have asked him questions have no adab and anyone who disagrees with him is accused of harbouring some hidden 'Islamist' affiliations. This was no surprise as Husain had earlier suggested suspending registrations on the discussion forum in order to "facilitate discussion"! One Muslim on DeenPort correctly observes that "either you're with him or you're an extremist". It is not surprising then that even Ziauddin Sardar accuses Husain of being a neocon who wants "everyone locked up".
Interestingly, Ziauddin Sardar writes that Husain's book, "seems to have been drafted by a Whitehall mandarin as a PR job for the Blair government." He is the first writer to openly articulate this possibility. While some readers on the Muslim blogs have labelled Husain a traitor, Sardar is the first to suggest that the book may have actually come out of Whitehall and in effect been 'ghost written' for Husain. However, other writers have noted that the book perfectly fits Blair's narrative of 'ordinary decent peace loving Muslims' vs. a tiny minority of 'Islamists' who desire Shariah, the destruction of Israel, etc, etc.
In the light of these comments I want to raise the following points:
(1) We cannot underestimate the actions that the Government are taking with respect to the Muslim community. Is it that surprising that some Muslims will be used to infiltrate Islamic groups, not only to provide intelligence, but to leave at an opportune moment amidst a blaze of publicity? Of course, many Muslims leave one Islamic group or another, but generally they rarely decide to sell their story to the highest bidder or seek to divide the Muslim community. Those who have become disillusioned with the 'Islamic scene' tend to just fade away and those who have genuine disagreements tend to move on to pastures new.
(2) The suggestion that Husain may have had some association with Government is not without foundation. Aside from him joining the Labour Party and supporting the Iraq war, in his recent interview with the New York Times, Husain explains that he has been approached by British government officials to join their "anti-extremist efforts". In an interview with Sky's Adam Boulton, Husain does not deny Boulton's suggestion that he has been called in by "Gordon Brown or government". Given his previous association with Islamist groups and his work for the British Council, he would have been ideal material for recruitment.
(3) The other aspect which tends to lend weight to the suggestion that Husain may be close to the Government and security service is not only his insistence on banning Islamist groups such as Hizb ut-Tahreer, but his stated aim at dividing Islamist groups into moderates and extremists and his attack on other leading Muslims and organisations. In November 2006, on the DeenPort forum, Husain writes, "Even within HT in Britain today, there is a huge division between modernisers and more radical elements. The secret services are hopeful that the modernisers can tame the radicals. And hence the suspension of any ban. I foresee another split. And God knows best. Ya Rabb! I have said more than I should on this subject! Henceforth, my lips are sealed!" So he alleges that there is a "huge division" between modernisers and more radical elements and suggests that the security services are working for a split in the organisation. In a more recent thread, Husain writes of Hizb ut-Tahrir, "Allah is opening a window of opportunity for their hidayah. There is a major development within Hizb ut-Tahrir that will lead many of the more thoughtful activists to reconsider their worldview and relationship with mainstream Islam and Muslims. Once news breaks within party ranks of what is happening within their leadership, some of the Hizb people will be receptive toward traditional Islam and may well leave their brand of radical Islamism." Then on the same thread on 2nd May 2007, Husain writes, "Maajid Nawaz has left Hizb ut-Tahrir. And there are several others inside waiting to escape, but waiting for the right moment and reason. Don't ask me how I know. Until last weekend, Majid was a member of the Hizb's National Executive Committee in Britain. Some of you may remember him from the media coverage of his imprisonment and release from his four-year prison sentence in Egypt. Huge reverberations within the Hizb as to why and who is else is next etc. Ideal moment to engage with HT people, particularly those on the Jalaludding Patel wing of the group."
(4) Continuing with the theme of trying to foment divisions within Hizb ut-Tahreer, with respect to Majid Nawaz, a former member of Hizb ut-Tahreer, Husain has claimed that Nawaz is linked to him and that Husain influenced Nawaz's decision to leave Hizb ut-Tahreer. In an interview with altmuslim.com, Husain says, "In this, I'm backed by Majid Nawaz who, alhamdulillah, recently left Hizb-ut-Tahrir partly as a result of conversations we had about these issues, and more importantly, his exposure to traditional Islam in all its diversity. Soon, Majid will speak publicly and I ask Hizb members and others to listen and learn from Majid's wisdom, knowledge, and experience. Now the good news is that Hizb-ut-Tahrir has proven in Britain that it can change and when pressure is applied it has changed. And I'm hopeful that this pressure that's on them now - exposing those core fascist values - that exposure will cause them to change those ideas and come on board the mainstream Muslim caravan." In an interview with Husain by the New York Times, Husain said that Nawaz would soon go "public with the reasons for his departure, and explanation he hopes that will cause a stir like his own." It is hard to tell whether Husain is being entirely truthful about the reasons for Nawaz's departure from Hizb ut-Tahreer – however if Nawaz does come out with his own "kiss and tell" story about his time with Hizb ut-Tahreer, seeks to exacerbate divisions within the Muslim community or if Nawaz is closely associated with Husain, then this would place huge question marks in my mind over Nawaz. A poster on sunniforum.com has suggested that he saw Husain and Nawaz at last week's Hamza Yusuf event in London. He also alleges that Husain and Nawaz have been arguing that the scholars differ over the Islamic prohibition of homosexuality. In any case, I am sure that Husain will not be the last person to write his 'Islamist' memoirs.
(5) Andrew Booso has rightly argued that the divine obligation of the Caliphate is a "standard, orthodox belief expounded and endorsed by the jurists throughout time." Husain has said that he does not accept the concept of the Caliphate or an Islamic State. He misrepresented Shaykh Hamza Yusuf by alleging that he said that there was "no such thing as an Islamic state". When questioned on DeenPort as to whether the Caliphate was fard kifayah, as discussed by the classical scholars, Husain says that he does not discuss in terms of fard ain or fard kifayah. Husain writes that the Islamic state "is not a rukn of the deen and without it the deen is not lost. An individual can remain a firm believer, a mutadayyin, without the imam and the jama'ah." However, the classical scholar, Sa'd al-Din Mas'ud bin Umar al-Taftazani, wrote, "There is consensus that appointing a Caliph is obligatory. The difference of opinion is on whether the appointment must be by Allah or by his servants, and whether the basis (for appointment) is textual evidence or rational proof. The adoption is that it is obligatory upon the servants by textual evidence because of the saying of the Messenger, "Whoever dies not having known the Imam of his time, dies the death of the days of ignorance." Also, the Ummah agreed that this was the most important duty following the death of the Messenger, so important in fact that they considered it more important than the matter of his burial, and so also has it been after the death of each Imam."
(6) Although Husain has focused a lot of his attack on Hizb ut-Tahreer he has also attacked other Muslim groups including the Muslim Council of Britain, the Young Muslims Organisation, the Muslim Association of Britain and the Islamic Society of Britain. He also attacks the Salafi movement and the Ahl-e-Hadith. He criticises the Islamic Foundation, Regent's Park Mosque in London and the East London Mosque. In fact, in an article in the Observer he alleges that worshippers at East London Mosque have threatened to kill him. Not content with attacking these organisations he has insulted the ulema and the mashaikh by twisting their opinions and misrepresenting them. So he said that Sheikh Hamza Yusuf (may Allah protect him) legitimises the marriage between Muslim women and non-Muslim men and he wrote that the other mashaikh denied the idea of the Khilaafah in Islam. He has also attacked the journalist Yvonne Ridley. In his writings on DeenPort he questions whether she is really a Muslim, asserting that she "converted to Islamism and not Islam". He goes on to write, "Ridley is an extremist, a cheer-leader for terrorists…Shun Islamism, accept Islam." Is Husain not aware of the Hadith of al-Habib (sallallahu alaihi wa sallam), “If a man calls his Muslim brother kafir, it applies to one of the two.” (Bukhari)
Brothers and Sisters!
Those who sell their Deen for a small price, tarnished traditional orthodox Islam the day they decided to become popular amongst those who enjoy the humiliation of the followers of Al-Habib. Shaykh Hamza Yusuf was correct when he said that the fastest way to get a book published was to attack Islam and the Muslims. There can be little doubt that Shaytan runs from the word of truth. We must ask why it is that Shaytan and his followers amongst the men and the jinn are running in support of those Muslims who have chosen to become popular? In the name of addressing 'Islamism', the haraam has been made halaal and there is no sense of outrage at eating the flesh of one's own brothers.
It is time for you to wake up to this web of propaganda, lies and deceit which is targeting our entire community. Don't you remember those in days gone by who sold their Deen for a small price? Do you not see the efforts to tarnish Islam from within? Do you not see the efforts to divide the Muslims amongst themselves so that their ranks remain disunited?
Is it not the case that the propaganda of Husain and those who follow him is being used to attack Muslims, not Ikhwan or Tahreer or Tabligh or Young Muslims, but Muslims? It is the people of La ilaha illallah who are now on the receiving end of the attack from right-wing Zionists and the neo-Nazis of the BNP who are using these misguided Muslims as a platform to attack Muslims. From our recent history in Bosnia and Gujarat, it is never long before words are easily translated into aggression.
Our community needs to stand united against this propaganda – irrespective of being Sufi or Salafi, Ikhwaani or Tahreeri, Tableeghi or Barelwi, we must realise that first and foremost we are Muslims. Was it not the case that Ibn Hajar al Asqalani, a Sufi and an Ashari criticised Ibn Taymiyyah but said that Ibn Taymiyyah had a right to the opinions he arrived at because of his level of knowledge?
Why is it that Shaykh Hamza is willing to share platforms with well known Salafis such as Dr Usama Hasan and Shaykh Abu Muntasir, while it is clear they do not believe it is fard to follow a madhab and ascribe to Ashari/Maturidi theology'? Is it because these differences can swiftly be put aside at a time when Islam is under siege?
As for those Muslims who wish to sell their Deen for a small price, remember that Al-Habib Rasoolallah (sallallahu alaihi wa sallam) said, "Indeed a servant speaks a word (which is pleasing to Allah) to which he pays no attention and for which Allah elevates him many grades. And indeed the servant speaks a word (which is displeasing to Allah) to which he pays no attention and for which he shall fall in Jahannam." (Bukhari)
In conclusion, I am reminded of the saying of the famous Bediuzzaman Said Nursi, the author of Risale-e-Nur who wrote, "To forget and abandon internal enmities when foreign enemies appear and attack is a demand of social welfare recognized and enacted even by the most primitive peoples. What then ails those who claim to be serving the Islamic community that at a time when numberless enemies are taking up positions to attack, one after the other, they fail to forget their petty enmities, and instead prepare the ground for the enemies' attacks? It is disgraceful savagery, and treason committed against the social life of Islam." (The Letters, 318)
Sue
21 comments:
Jazakallah khair for a well written piece.
On the issue of creaiting a rift within HT. I spoke to Jalaluddin Patel from HT and he was categorical that there is no such thing as a 'moderate' and 'exteme' wing within their party, nor a departure from their central message of reviving the Caliphate, as you have rightly pointed out a basic belief of sunni Islam.
Seems like Ed's aim is no more then to create division. Your article is spot on.
As I have written on my blog, myself and Mahbub were HT activists in the early 1990. There are some major errors in the book - I was not really sure whether these were intentional or accidental - for example there is the claim that HT never spoke out against Saddam Hussain. His suggestion that he parted company with HT for ideological reasons is also not true - it was more to do with his close personal relationship with Omar Bakri [he left when Bakri was kicked out], pressure from his father and other personal reasons which I don’t want to mention. If as you suggest the book was "ghost written" this may explain some of the glaring inaccuracies.
An interesting piece - I don't think you should worry so much about this brother and his book. There are more important issues to deal with. It is important not to throw around labels like "traitor" or to make the discussion personal (I'm not saying that you do). However, with emotions running high, some in the Muslim community may be angry about this book and fuel some of the current propaganda about hotheaded Muslims. This will be unhelpful.
Assalamu Alaykum,
Rest assured Maajid Nawaz does not believe that homosexuality is allowed in Islam, or the things that "Ed" is alleged to have said in the media. May I remind you all of the words of our creator in Surat al-Hujjaraat: "Oh you who believe!, avoid speculation, because in some cases it is a sin". Maajid has not yet spoken publicly about why he left, but rumors are abound, about him, his reasons, his link to Ed and me apparently being against him. The rumors are all baseless, as he has not spoken yet, even to HT members whom he left.
Please refrain from such speculation about my brother, and criticise if you deem necessary when he speaks for himself, based on facts not fiction.
Jazakum Allahu Khayr
Hassan Nawaz Saleemi
(AKA Hassan from the Hassan and Habibah Show on Islam Channel)
I have responded to some of these allegations on my website.
By the grace of God, Maajid resigned from Hizb ut-Tahrir’s leadership in Britain. In time, he will explain his reasons why.
But he agrees with me that the regimes in the Muslim world are legitimate and that just as the Ahl al-Sunnah persevered through the tyranny of Hajjaj bin Yusuf, we should counsel Muslim rulers, exercise sabr, be abundant in dua, and work for political change with and not against the hukkam
>the regimes in the Muslim world are >legitimate and that just as the Ahl >al-Sunnah persevered through the >tyranny of Hajjaj bin Yusuf, we >should counsel Muslim rulers, >exercise sabr, be abundant in dua, >and work for political change with >and not against the hukkam
Of all the great things you've spouted off about, this is the best one so far. There are documents published in many articles written in American publications where the neo-cons describe the regimes in the Middle East as "roaches" and "pets" who have to toe the line when it comes to U.S. foreign policy or face "regime change" for failing to do so. This was directly delivered as a threat by Richard Armitage to Musharraf (as told in his own biography) as well as by Cheney to the Saudis and something that Seymour Hersch documents well.
I knew you were full of crap before, but thank you for finally proving it.
At-Tabarani narrated upon the authority of Muadh bin Jabal (ra) that the Prophet (saw) said,"Verily the Grinder of Islam will continue to grind, so continue with the Qur'an wherever it moves. Verily the Qur'an and the authority of Islam will be separated from each other, do not leave the Qur'an. There will be rulers amongst you, who will allow for themselves things which they will prevent for you. If you disobey them then they will kill you. If you obey them they will misguide you. They (as-Sahabah) asked,What do we do in such a situation? He (saw) said, Do as the apostles of Isa ibn Maryam (as) did; they were cut by saws and hung upon wood. Being killed in obedience to Allaah (swt) is better than a life of sin" [at-Tabarani, Mu'jam al-Kabeer]
Interesting post by Hassan Saleemi. I agree that Maajid has not spoken in public but from what has been narrated, through tawatur, directly from him is that he agrees with Ed's point above - in fact those who have heard his argument say that it is identical to Ed's argument i.e. "the regimes in the Muslim world are legitimate and that just as the Ahl al-Sunnah persevered through the tyranny of Hajjaj bin Yusuf, we should counsel Muslim rulers, exercise sabr, be abundant in dua, and work for political change with and not against the hukkam."
May Allah (swt) help him.
Wa alaikum salam,
i heard advice that we should not love our brother too much as he may betray us. This is good advice.
we may judge a person as sincere, but we don't really know him (even close family).
He may be very sincere to his twisted desires. Perhaps he is a pragmatist who loves to argue and win debates, so that is why he "carried the dawa". Perhaps he only joined HT as he loved to debate. Perhaps he sought knowledge to help him raise his profile, to help him win debates, maybe he told himself it was for the sake of the dawa. This is not the same as being for Allah's sake. Maybe it was really for Allah's sake. Only Allah knows.
we should not assume sincerity just because one suffers for his activity. The egypt 3 brothers didn't choose jail, it happened to them. They were rounded up due to thier associations with others. What is more important when judgeing them, is if they continue thier activity even after knowing what will happen if they do. They met many sellouts inside, who people also thought were very sincere.
don't speculate, judge a persons actions by what is apparrent. If he is pragmatic, then he is that - even if he dresses it up in islamic words. If he calls for secularism, then he is calling for kufr, even if he claims its islamic as so and so said so too.
who said what is irrelevant, only the evidence they present matters. If it is a true ijtehad that has a hope of being correct, they i'll respect it. But if it originated from desires and then texts were twisted to justify it then it should be called kufr. You must study basic principles to be able to make that judgement. Your sincerity to allah is paramount, but you must be able to distinguish islam from kufr.
it is only allah who guides. He is muqallib ul quloob. He can misguide a guided person, and vice versa. Ask Him for guidance. Be grateful to Him and dispell any arrogance from your hearts.
an ex hizbi talking kufr, even if he is fresh from prison, is still talking kufr. Pray that he be guided and that we are protected from his evil.
I have now outlined my views on my website:
http://maajidnawaaz.blogspot.com
i have read maajid nawaz article today and must say i am very disappointed in the brother. my respect for him was great when he endured prison for the sake of islam but now he has let himself down. why did he have to go public with his views.many others have left and joined the hizb but have not expressed why they left publicly.
does maajid not realise the reason why he was well respected was due to islam and him carrying the dawah with the hizb!
does he not realise that this will be used by those who hate the unity of the muslims against the ummah.
i am saddened that he has done this and the only people who are happy with him are people like edd hussain. that says it all really.
may allah(swt) protect this ummah from such views and guide him back to the straight path.
i wonder what maajids family make of all this?
I would like to begin by saying jzk to sister Sumayyah for her intelligent points re: E.Hussain.
Coming onto Mr. Nawaz
Imam Ali said: two types of people broke my back
1/ the knowledgeable scholar who misled by his fatwa
2/ The man who worshipped much and people assumed he had knowledge, they sought rulings from him and he gave without knowledge.
A man learns Arabic and becomes a scholar or a man of knowledge?
A man spends time in a prison and becomes knowledgeable or special?
Many spent time longer then Mr. Nawaz in prisons, Many suffered more trials then Mr. Nawaz and they remained true to their covenant with Allah (swt), some knew words of Arabic and others did not, yet Allah (swt) blessed them with wisdom and an awareness of their ummahs suffering, an awareness of their ummahs needs and and Allah (swt) blessed them with knowledge which would lead their people to honor and dignity.
Remember Mr. Nawaz when you close your eyes at night, think long and hard about why your name was remembered by many when they knew you were in Egypt, it was their belief that you were committed to your Deen and carrying of the Islamic message, when that stops you are like the grain of sand on a beach, a role to play in the greater picture but insignificant to that beach, the only question: which role will you be playing?
When you close your eyes, remember this: a day will come when a dark jail cell if it indeed was, will seem more appealing then the questions the angels will be asking in another dark place.
Remember this: You will one day face your Lord where: 'executive' and 'thulm' and 'hukm' maybe big words in English or Arabic but when He (swt) asks: were you lacking sight? Intelligence? What Arabic expressions will come to mind when the most inner depth of the soul can not conceal anything from its creator?
The Muslim Ummah is in pains and undergoing great trials, we should work for its pains to be removed and focus on the key issues and the work for Khilfah, allow those who wish to feel important, feel important in their space, those who know full well what they are doing and its consequences but choose that path for indeed the trials of this life are immense and its desire appealing.
This short comment is not intended to defend HT, for the work of HT is known to the Ummah, it is preciously because of this fact that many books are springing up, would not surprise me if Mr. Nawaz has a few in the pipline, hope I have not given any Ideas.
It is rather intended to remind this Ummah that focus your direction on the important matters that will help you on the day of hisab, Allah (swt) gave us intelligence lets open our eyes and make use of it before we no longer have it. It is also a reminder to Mr. Nawaz, this ummah loves her Deen and yearns her unity, when people try to divide to appease others, this ummah will see it even if time and consequences occur in the short term, furthermore, Our Lord intervenes as in the hadith narrated by Ibn Hibban: (paraphrase)
A man speaks to please Allah (swt) and in the process displeases the people, Allah (swt) will be pleased with him and he will cause the people to be pleased with him also, and a man speaks to please the people and in the process he displease Allah (swt), Allah (swt)will be displeased with him and he will cause the people to be displeased with him.
Build your pyramids and they will only serve as a reminder of the might of Allah (swt) when he (swt) leaves them empty and hollow.
This thread seems to have generated a lot of controversy.
Although many criticised me when I initially cited evidence that Ed Husain and Maajid Nawaz may have been linked, it has now become a clear matter. Some of you will have seen Husain's article on the Guardian website that is promoting Nawaz and also Husain's praise for Nawaz's stand on a traditional Islam discussion board.
Some posters have asked me to point out that a comment above has incorrectly cited Nawaz's official blog - Nawaz's official blog can be found at maajidnawaz.blogspot.com
The other blog (maajidnawaaz.blogspot.com) seems to be a link to Nawaz's unofficial previous postings on a discussion forum (www.tftd.ws) where he posts under the pseudonym "toppled pyramid".
I ask my brothers and sisters to continue to abide by the Islamic etiquettes in discussing these matters, and I will in due time pen my thoughts on these issues.
Sue
salaams,
recently i read the long awaited reason why maajid nawaz left the hizb. i have to say i was very disappointed. the article has been written in an academic and scholarly style which unfortunatley has failed. if i wanted to understand why the hizb's method was wrong i would have gone to a scholar and studied his ijtihad on the matter.
if this is maajids ijtihad on the hizb then he is misguided.
serious questions need to be asked about maajids integrity in all this. back in january 2007 he was giving speeches outside the usa embassy (see utube)as one of the leaders of the hizb calling for khilafah. when he was released from prison he went on the bbc hard talk programme representing the hizb and on islam channel he regularly gave his opinions on political affairs on behalf of the hizb.
he states in his article that whilst in prison he had serious misgivings of the method employed by the hizb for establishing khilafah. hence should one not ask why appear on many different platforms on the media, at demos etc calling for khilafah when he knew he would be jumping ship and go down the dark path of ed hussain et al.
maybe he did this to gain respectability and leadership amongst the muslims, only allah knows.
as i said before i used to love this brother for the sake of islam now for the sake of islam i cannot bear looking at him.
maajid nawaz gained his respect by the sacrifices he made for islam and now he will realise the respect he once had will disapear very quickly when the muslims realise his current views.
at the end of the day he has to account for his actions and words. it would be better for him to realise this sooner than later.
salaams,
tomorrow on 11th september 2007 maajid nawaz is to appear on newsnight. setting aside his difference with HTB for one minuite.
could anyone from his supporters explain why he feels the need to go the the non muslim media to air his views ?
does he not fear Allah (swt)!!
does he not know that the bbc have agenda against the muslim ummah !!
does he not know the non muslim media are the enemies of islam and the muslim !!
if he has issues with HTB why not air them 'IN HOUSE' !!!!
does he not know Allah (swt) will account him !!!
What has happened to him !!!!
he thinks too highly of himself !!
the ummah will account him !!
where is his taqwa or was it sold to bush and mubarak !!
i ask again why go to the non muslim media !!!!!!!!!!!!!!
Salaam,
excellent article sister. Thanks Muhammad for reminding me of that demo back in Jan. I spoke at that demo too and briefly met Maajid who seemed at the time to be close with Aki Nawaz who at the time had just started making media appearances defending Muslims politically. Also Maajid left the Hizb only 2 months ago, so the question is very pertinent- if he came to all these conclusions whilst in prison why wait until now to declare them?
His article about the definitions of dar-ul-islam and dar-ul-harb/kufr leaves much to be desired and has already faced some tough questioning on his blog.
I'm glad the sister has highlighted the fact that the existance of the Imam and his role in implementing the laws of Islam is part of our aqeedah as elaborated in Sharh-ul-Aqaid the main book of aqeedah studied in nearly all Brelwi and Deobandi madrassas and i presume much further afield.
Unity is essential at this time regardless of differences in Aqeedah, fiqh, minhaj etc and those who attack other Muslims for the acclaim of non-Muslims need to fear Allah (SWT)
salaams,
did anyone watch newsnight last night ?
if so what did you make of it?
i thought the arguments presented by maajid were very shallow. suddenly he is proud to be british !
i felt i was watching a re run of similar efforts by shiraz maher and ed hussain.
maajid nawaz has done a 360 degrees u turn on his beliefs, values and principles. i dont think the non muslims could trust somebody who is prepared to sell his own people to their enemies, never mind what the muslims made of it all.
like others in the past he will be betrayed by the western govts when his usefullness has run its course.
maajid must be suffering from memory loss, he accuses the forthcoming khilafah state of wanting to kill millions, but what about the millions slaughtered by the british, americans and the europeans over the last 200 years.
there was o much nonsense he said that i dont think its worth refuting. he has jumped into bed with the devil and now has to lie in it !!
Majid is not anymore what He was.. may Allah (swt) protect us.
I would not be surprised if i come to know that he is one of those from Moosad or CIA... and Allah knows the best...
InshaAllah such efforts from kuffar will not result any good to them! Ameen.
Khilafah will return!
Allah Ho Akbar
Please click on the Link below
http://abu-ibrahim.blogspot.com/
CRITIQUE OF "EVALUATING HIZBUT-TAHRIR'S THEO-POLITICAL STANCE" (with refutations of Maajid's revisions of 01/10/07)
Bismillah al-Rahman al-Rahim
1. Introduction
The Muslim world is in a state of political flux, with decades of mismanagement, repression and political stagnation being opposed by more assertive populations and political movements. The US has responded to these changes by calling for greater freedom and democratic reforms. These calls, along with the failed military interventions, have catalysed the unprecedented vocalisation for the implementation of the Sharia, unification of the Muslim lands, return of political authority in Israel and resistance to Western cultural, military and political hegemony in the Muslim world, encapsulated in the call for the Caliphate[1]. The vanguard of change is led by the Islamicists, from Morocco to Indonesia, emboldened by an ideological interpretation of the Islamic faith by a leading number of twentieth century thinkers and writers[2]. Increasingly at the forefront of these calls is Hizb ut-Tahrir (HT), an international Islamic political party, with its call for a world-wide Caliphate.
Attempts by Western governments at containment and oppression have failed leading to considerations of engagement with the Islamists, always however on one premise, as stated by the former British Home Minister Charles Clarke in 2005, “…there can be no negotiation about the re-creation of the Caliphate; there can be no negotiation about the imposition of Sharia (Islamic) law”[3]. The focus is now on refuting Islamist ideas in an attempt to diffuse the increasingly vehement calls for change.
The UK has seen an increase in Islamic activism over recent years, fuelled by a questionable foreign policy. The government has responded with a number of initiatives: providing funding for the training of local leaders (imams, chaplains etc), Islamic websites, road shows and informers. Terrorism legislation has been introduced reducing civil rights and introducing heavy sentences for those “advocating” or “glorifying” terrorism[4]. Collaboration has begun in earnest with academics, scholars and ex-Islamists through engagement and refutation of Islamic political ideas[5]. The interest in ex-members of these movements, including Ed Hussain, Shiraz Maher and Hassan Butt[6], especially by the intelligence community, provides the context and background for this critique.
Maajid Nawaz recently announced his resignation of HT and following his predecessors, has began publicly challenging their ideas, with the first of his series of announced articles comprising, “Evaluating Hizbut-Tahrir's Theo-Political Stance”[7].
This paper is a detailed critique and response to these challenges.
2. What is the Argument?
Maajid introduces his article by saying, “I impress upon all people that Islām today is not in need of a politically inspired modernist reformation, which is actually the cause of our current crisis, ...merely to serve narrow political agendas”, a theme that is and remains central to his new enterprise.
His article argues HT through a "political ijtihad" creates a theory whereby non-decisive definitions of the terms Dar al-Kufr (lands of non-Islam) are applied to the Muslim lands, to “advocate the theological illegitimacy of contemporary Muslim regimes”[8]. The argument then demands the current systems/regimes need to be transformed into a Caliphate (Islamic governance) and should forcefully create a unitary state. Maajid contends there is a difference of opinion (ijtihad) on these definitions amongst classical and modern jurists, and as such, HT cannot (Islamically) enforce its view and must accept the current rulers whose view is final as they are legitimate. He says, "If it can be demonstrated that the Party’s theory is nothing but a legal opinion (Ijtihâd), then the argument that opposing views are based on Kufr becomes unsustainable."[9]
He says he will demonstrate how the party's own principles when applied to their "political conclusions" result in the invalidity of the HT stance. He maintains HT acknowledges these are contested ideas but rejects alternative views and acts as if the position was definitive. In his view, HT’s position is contradictory and invalid.
His article centres on proving:
· The non-scriptural and contested nature of the technical terms Dar al-Kufr/al-Islam
· The indecisive nature of scriptural citations used to arrive at them
· Acknowledgement by HT that scholars differed in their views as to how Dar al-Islam becomes Dar al-Kufr
3. Issues with the Argument
There are a number of problems with Maajid’s article summarised below. They are addressed in length due to the inherent confusion and the implied assumptions:
a) Assuming an Islamic counter-reformation and political reformation are mutually exclusive
b) Assuming usage of contested technical terminology cannot be used to describe decisive concepts
c) Believing decisive concepts (implementation of the Islamic creed in political life) are contested
d) Misquoting and misrepresenting the classical scholars
e) Misrepresentation of HT’s adoptions and analysis
f) Advocating a politicised version of Islam whilst denouncing such a notion
g) Concealment of an underlying political agenda
4. Is the Modern Muslim World Dar al-Islam (Lands of Islam)?
Maajid’s article focuses on HT despite the use of the term Islamists. It is premised on the fact that HT has somehow (single-handedly) politicised Islam, misunderstands governance of the Muslim world and through its call for a Caliphate is the cause of the West’s antagonism. He believes a counter-reformation and political reformation are mutually exclusive with the latter being unneccessary.
For an ex-member of a political party, he presents a simplistic understanding of the complex causes of decline and flux in the Muslim world, its historic relationship with the West (colonial Europe) and the current crisis it faces. Jean-François Mayer, a former Swiss civil servant and historian, in his research paper entitled “Hizb ut-Tahrir-The Next al-Qaeda, Really?” states, “Reading Hizb ut-Tahrir's literature could indeed fuel resentment against the West... One should add that here Hizb ut-Tahrir only builds on feelings that are already widespread in Muslim communities (including communities established in the West).”[10]
How did these feelings and the politicisation of Islam become so entrenched in Muslims globally? The answer lies in the experiences of the Muslim world during the European colonialist period. This is a vast subject beyond the scope of a paper such as this. However a vignette of the exogenous influences institutionalised in the politics, society and governance of the Muslim world will highlight the error in assuming the Muslim world continues in its historical pre-colonial trajectory and that HT and present day Islamists are politicising Islam for political ends.
Background
Colonialism had a major role and influence in shaping the institutional foundations and parameters of the politics of the postcolonial states. Having ruthlessly replaced centuries old institutions, traditions and structures in the Muslim world, the colonising powers disrupted a historic continuum creating fault lines and tensions that reverberate today. Independence ended the sovereignty of European powers over their territories; however it did not produce states afresh. Despite the rhetoric of planting of new seeds, the new states were nothing more than new branches based on a trunk that was planted during the colonial days. Colonial institutions, policies and attitudes towards governance determined the direction of the post-colonial nation states, developing in the European intellectual, legal and cultural legacy. The machinery of the colonial state was inherited and to varying degrees the model of the colonial state was followed with ideological continuities visible despite the rhetoric of the new leaders.
The preponderance of colonial power ensured all discourse be both hegemonic over and repressive of the Islamic world. It was not a dialogue between equals nor a conversation, but an attempt to reconstitute Islam and Muslims both at the level of consciousness and at the social level. The impact of this historical experience is not difficult to discern and has been highlighted by numerous researchers.
Nation States
The colonization of Muslim lands started with India, the scramble for Africa and the division of Ottoman lands following the First World War. The era ended after the Second World War when Britain and France withdrew from most of their territories. Islam received harsh criticism from the colonialists and their scholars instilling a sense of inferiority in the local elites and rising bureaucrats including even those who opposed colonialism.
For Muslims with a world outlook, territorial limitations had been irrelevant. Colonial territories however did little to unify their peoples to create national societies or cultures. Their focus was in defending their territories against other colonial powers or reducing the burden of ruling. The former led to promotion of the sanctity of boundaries leading to permanent borders. The latter prevented the creation of lasting identities seen in the diverseness and tensions in states including Lebanon, Iraq, Indonesia and Nigeria. These sovereign states diverted the mode of loyalty of the subjects from universal to teritorial values. Moreover the new secular law contributing to the assertion of territorial sovereignty, replacing the ecumenical character of Islamic sovereignty - as well as a reformulation of the Islamic political paradigms, including those being discussed in this paper.
The deliberate manipulation of diversities to strengthen their rule created increasingly fractured societies, meaning tensions and wars were inevitable. Civil wars in Sudan, Iraq, Malaysia, Pakistan, Nigeria, Kenya, Tanzania and Chad are but a few. Territorial disputes involved Morocco, Algeria, Iran, Iraq, Kuwait, Syria, Lebanon Palestine, Malaysia and Singapore.
Education
The colonizers encouraged and invested in education and educational institutions for those who would run the machinery of state. Over time they influenced generations of Muslim leaders and intellectual developments in the Muslim lands. Famous institutions included University of Punjab, University of Malaya, and Atchison College in Lahore[11]. The elite sent their sons to schools in Eton, Harrow, Oxford and Cambridge in England or in Paris and Amsterdam. Iqbal studied at Cambridge and Heidelberg Universities as well as Lincoln’s Inn where Jinnah received his law degree. Many of the North African liberation movement leaders were students in North African French schools and Paris Universities. Amongst the militaries officers would be trained at places such as Sandhurst and Saint Cyr or officer schools modelled on their European counter parts such as Quetta Staff College in Pakistan.
The pervasive impact of education introduced the Muslim world to western literature and philosophy. Figures such as J S Mill and Rousseau and over time, Sartre and Camus, became models for dissenting intellectuals just as Lenin, Castro, Mao and Che Guevara captured the imagination of activists[12].
State Institutions
The colonialists generally focused on domination to ensure legitimacy and security. The colonial state was highly centralised utilising institutions with a European flavour; the police, judiciary, military and bureaucracy being key repositories of its authority. The institutions were not designed for society – for instance, the bureaucracy was designed not to maintain order but to ensure the smooth running of government and economy.
This structure allowed a European minority to rule vast territories, managing the economic flow of resources and goods between the parent state and its territories. These institutions, embedded in subsequent states determined the basis of the state, its character and its relationship with society and other states. States such as Pakistan replicated the colonial state in set up and function as well as how they envisioned their own roles, with Jinnah the first governor-general and the India Act of 1935 being law of the land until 1956. In Turkey, the law was secularized based on the Napoleonic Code, the Muslim calendar abandoned, the script Latinized, polygamy prohibited and in 1928 the constitution was even amended to remove the statement that Turkey was an Islamic state.
Military and Police Forces
The military, intelligence and police forces were trained to provide support to their colonial masters. The training ensured soldiers, and more importantly the officer corp, internalized the military ideas and political values of the colonial administration, resulting in an over-preoccupation with order and impatience with politics of the masses[13]. Militaries were trained not for external war but for preservation of internal order, giving them a perceived right to interfere in politics to restore order. The size of the militaries was usually based on the interests of the colonisers and Muslim states inherited omnipotent militaries, too large for their population sizes and economic strengths. The colonial policy of recruiting amongst minorities was due to their closeness with the colonial order and willingness to help suppress the dominant community as well unresponsiveness to religious calls like Jihad. The legacy of the Great Mutiny of 1857 shaped thinking resulting in Alawis dominating the Syrian army and Punjabis in the Pakistani army.
The forces having fought with their colonial officers up to independence institutionalised attitudes of mistrust and cynicism of those who fought for independence. Indonesian generals remained wary of Sukarno, removing him with the pretext of Communism and the same may be said of those who lead coups in Bangladesh, Nigeria and Sudan. Even the left-leaning junior officers who overthrew their senior officers of the old school to join the anti-imperialist struggles did not resolve the tensions between military and civilian orders, leading to military takeovers in Egypt, Libya, Iraq and Syria.
The pervasive nature of the intelligence services (mukhabaraat) is still widely felt throughout the Arab world, stifling discussion, preventing political dissidence and quashing criticism. The experiences of those who have had the ill-fate of experiencing these institutions are widely known and reported. Unprecedented in Muslim history is the restructuring and organisation of "official" scholars, compromising their historical independence, "scholars for dollars" being a phrase often heard in relation to this new breed resulting in Muslims across the world still referring to texts dating back centuries.
Bureaucracy
Like the military, the bureaucracy was moulded in the ethos of colonial culture, sharing the same political outlook. Due to their power over the state machinery, politicians would have little control over them lest they disrupt the workings of state. As such, they had major input into state formation, ensuring continuities in the ethos and mode of operation of the state before and after independence. In Pakistan the bureaucracy eclipsed the political elite in managing the country, replacing Mohammed Ali Jinnah and Liaqat Ali Khan after 1951 by senior bureaucrats Ghulam Muhammad and Iskandar Mirza, both having risen through the bureaucracy under the British.
The quality of the bureaucracy was generally determined by the investment the colonial power made in its administration, the Indian Civil Service being exemplary, whilst those of the Arab Near East and Libya being underdeveloped. Many lost their independence and their pre-eminence declined resulting in the diminishment of their political role.
Judiciary
The British colonies generally had a system of justice modelled after Britain, with some degree of autonomy, its independence from the executive branch becoming embedded in the postcolonial state. As such, colonial subjects usually had respect for it. In Pakistan, the judiciary regularly defied the executive branch, its opposition to Ayub Khan’s banning of Jamaati Islam in 1964, ruling against Ghulam Khan’s dismissing of the government in 1993 and most recently the stand-off against Musharraf. The Malaysian judiciary has a similar history[14] as do most post-colonial British territories.
The judiciary had the interesting effect of instituting particular patterns of political activity in the body politic of the pre and post-colonial society, allowing courts to become avenues for political activism.
Governance - Politics of Identity
Colonial rule was often only possible through the manipulation of divisions in society, ethnic, linguistic and religious[15]. By accentuating social differences, they institutionalised them by treating communities differently in the eyes of the law, at polling booths, in how resources were allocated and in recognition of religious rights etc. This encouraged the politics of identity at the cost of development of uniform civil societies. In India, this resulted in the All-India Muslim League in 1906 that lobbied for separate electorates for Muslims and Hindus with similar reactions in Malaysia, Nigeria and Palestine.
Elections in colonial rule provided a critical political framework that shaped the conception of communities of their relation to power at the centre as well as their own identity and self-definition. The subsequent state leaders (usually from the colonial military or bureaucracy), would continue manipulating social divisions even as they spoke of national unity - Iraq being a case in question.
The importance of certain geographic locations to colonising powers (e.g., North West India to the British for supply of troops) or where the colonisers arrived late (e.g., the French agricultural relationships with Syria) meant that they developed patronage networks, which have left indelible marks in future state-society relationships. The state emerged as paternalistic and society came to see patronage as a function of state (this contributed to Malays remaining aloof from commercial activities expecting the state to guarantee economic and social standing).
Authority
Variations of how the colonial administrators ruled their vassal populations accounted for the different experiences in state formations post-colonialism. In Algeria and Libya colonial rule was direct while in Morocco, Tunisia, Malaysia, Java and India local elites were used. The Dutch in Java, utilised the local elites to resolve labour shortages, entrenching their socio-political positions, creating dependencies between the peasantry and elite (the Dutch permitting exploitation and impoverishment for their own ends). The British carefully controlled 250 princes in India to control a third of the Indian population – they controlled the rest of the population by manipulating landowners, local chiefs and grandees[16].
Symbiotic relationships resulted, entrenching the positions of these local elites, who favoured compartmentalisation of policy in favour of a uniform national political arena. This allowed them to control segments of the polity and negotiate with the centre. In Pakistan this trend is still visible today with the landowning class controlling politics at all levels and resisting land reforms. The power of the monarchy in the Gulf States and Brunei and tribal chiefs in East Africa and Nigeria is reflective of these British policies. The Algerian experience with direct French rule to ensure integration into France and exploitation through commercial gain for their settlers resulted in centralised rule – local elites and leaders were seen with hostility, a reflection of the post-colonial Algerian landscape.[17]
End Products
Colonialism's structural expressions continue to reproduce themselves in a fashion that perpetuates this power relationship. Elites in most Islamic countries are largely products of superimposed constitutive educational and political structures wherein lies the essence of the polarization and bifurcation between elites and masses in the Muslim world. Muslim intellectuals, imbued with the Western discourse of rationality, entered political life as natural allies to the local elites and the colonialists. The masses had no choice but to fall back on the values of their own society to protect themselves from the new class which sought to pattern life along Western lines.
Without social cohesion, the State is unable to deal with strains, penetrate society and regulate social relationships. In the absence of an overarching consciousness that unites and merges its subjects at all levels of the social scale in a commonly accepted meaning and criteria of validity, there can be neither strong societies nor strong states.
HT detail the reality of the colonial division of the Ottoman state, introduction of foreign creeds, the installation of agents and groomed elites, and the removal of Islam from political and societal life leaving at best remnants intact (usually to pacify the masses/ullema), with control over succession of power to those who would perpetuate their interests and hegemony. The institutionalization of secularism and the proactive marginalization of Islamic thoughts/institutions from political life have been resisted by societies in each and every Muslim country[18]. A review of scholarly writings that address the 20th century colonialist experience across the Muslim world and the response of the Muslim intellectuals speak for themselves and need no elaboration as per Abdul Qadeem Zalloom's quote Maajid refers to.
Against this complex, multi-dimensional, historically evolving reality, Maajid’s analysis is little more than a parochial one-dimensional view of the situation. His view the current regimes as being simply "Muslims" does not take into consideration the institutionalized colonial values, foreign ideologies, systems, agendas and outlooks, visible today across the organs of the modern states, their constitutions, policies, administration and organizations along with the resulting tensions. As such, his conclusions are fundamentally flawed.
5. Decisive Texts are Indecisive?
HT argues that the implementation of non-Islamic creeds in Muslim lands is decisively and categorically prohibited and utilisation of any other ideology or system is kufr (non-Islamic).
Maajid seems to be confusing the notion of decisiveness and certainty to oppose this position. There are a number of discussions in philosophy that attempt to argue a relativist position on matters of epistemology[19]. Although the oft-quoted view in Western Philosophy is that the quest for certainty is a failed enterprise, this is primarily due to an erroneous attempt at defining certainty to unnecessarily exclude scepticism[20]. However, without this requirement, the term is definable and arguable. Certainty comprises the state of an individual (or a society) on a matter where there is no realistic doubt (as opposed to philosophical doubt). This is supported by the usage of this term (yaqin) by Allah (swt) in a number of verses[21] supporting the existence and necessity of the notion of certainty[22].
Maajid builds on a problematic assumption - if some people (or scholars) disagree on a matter it is zanni (indecisive) and by implication if there is no dispute the matter is qati (decisive). Thus follows, prior to historical ikhtilaf (juristic dispute) on matters of jurisprudence, all matters were qati as no dispute existed. Likewise, Quran is zanni as scholars dispute parts of it including the definition of mutawatir. This understanding and conclusions are obviously wrong. Certainty can be gained and expressed despite the existence of disputes. As disagreement exists on every matter, even those that all Muslims would acknowledge as definite and decisive, (existence of God, Quran being the word of God, Islam being the truth (haqq), obligation of prayer (salat) etc ) would that mean there is no such thing as certainty?
The existence of a disagreement is not important and does not determine certainty - the substance of the disagreement determines this. In scriptural analysis, if there is propensity for an alternative view or consideration, the matter is not deemed to be certain - if however there is no possibility of an alternative consideration, the matter is deemed certain.
An obvious point, but one which is regularly violated by Maajid's analysis is that new concepts need to coexist with existing concepts that have been accepted (verified) avoiding discrepancies between them. If one utilisies a criteria of certainty it should be used to evaluate one's dispute as well as one's other ideas by it - this paper will cite examples where Maajid's arguments fail on this point.
This understanding is acknowledged by HT as per Maajid’s quotation from “Shaksiyyah Islamiyya" in relation to shubhat al-daleel (evidence) for determining the validity of an alternative view. However the associated conditions are as follows, without which there is no shubhat al-daleel[23]:
a) Definite general evidences comprise Quran, Sunnah, Ijma al-Sahabah and Qiyas.
b) Speculative general evidences include: istihsan (juristic preference), al-masalih al mursala (unqualified interests) etc.
c) The angle of deductive reasoning (istidlal) regarding these evidences must have been on studies of the Arabic language and studies of sections of the Quran and Sunnah.
For example, a Quranic verse states: “Cut the hand of the thief, male or female”[24]. It may be said the cutting is to prevent him from stealing and this may be done through any means, e.g., imprisonment, exhortation etc. Or it may be said the word “qata’a” (to cut) is an ambivalent term (lafz al-mujmal) meaning either separating the limb (amputation) or scarring and both cases are allowed. However, neither view has a shubhat al-daleel because this deductive reasoning is inconsistent with the language or other texts. Linguistically, the metaphorical meaning (majazi) is used when the real meaning is not possible. The ambivalent meaning has been transformed into a fixed meaning by the explanation of texts and one does not refer to a meaning contradicting it. Abu Hurairah (ra) narrated a thief who had stolen a turban was brought to the Messenger who ordered his hand be cut and the wound be sealed by boiling oil. Subsequent Caliphs, Abu Bakr and Umar, followed this understanding without any objection from any of the companions. Punishing the thief with anything other than cutting of the hand has no evidence or semblance of evidence[25].
Furthermore, shubhat daleel does not mean one does not follow in action the opinion one has come to. Respect for shubhat daleel in terms of recognising it as an Islamic opinion is a general and traditional principle[26]. As for respect in actions, this is an ikhtilafi (disputed) matter and depends on the particular hukm (rule) at hand. In some issues one does not impose one’s opinion and in others one does. Therefore to state shubhat daleel means respect in all actions is a misrepresentation of HT’s and the traditional understanding of shubhat daleel.
To demonstrate and clarify this, some examples are given:
a) If one abandons prayer he is a kafir according to Hanbalis but sinful for the rest. Everyone respects this opinion but in action one would pray behind him and consider giving a daughter in marriage to him, but the Hanbali would not as for him he is kafir.
b) If a Shafii combines his salah (prayer), the Hanafi would respect this as an Islamic opinion but not follow him in his action.
c) If a man pronounces divorce three times in one sitting and he follows it is irrevocable, the opinion of the woman that 3 in one sitting is not valid does not mean respect of her opinion.
d) If a ruler usurps authority believing it allowed, those who believe he has to be removed are entitled to fight, such as those who historically fought Yazid bin Muawiyah and Hajjaj bin Yusuf.
e) If a wali (governor) declares himself Khalifah and says he has shubhat daleel, the real Khalifah should still fight him and bring him under his authority.
The pronouncement of kufr on views (takfeer) is rarely evoked (historically pronounced on some wayward philosophers in one of its rare applications in Islamic history). HT encourage the notions of inquiry rather than limit them; it does not state any views are kufr if they are built on the Islamic creed - rather, it believes kufr creeds are still being used as reference points since the colonialists left the Muslim lands, a matter that is prohibited categorically. Maajid does not reference where HT state “...that others are on Kufr” and contradicts himself when he cites HT’s view on difference of opinion and their tolerant views in relation to different views.
As for the argument “Amr imam yarfa ul-khilaf” (the Imam resolves the disputes), this assumes the ruler is legitimate and adopts according to Islam. He should be followed since he resolves the disputes.
Maajid however justifies the current regimes as Imams by equating ideologically differing terminologies, the justification being HT accept using differing terms for the Imam, nor Islam having fixed this term. His quote from "Nizam al-Hukm" stating that HT allow the use of the term president is incorrect as on pg. 55 (Khilafah Publications 5th Edition) it states that use of these terms is forbidden as they contradict Islam - acceptable terms include those that indicate the same meaning as "the ruler of believers" or "head of Muslims".
HT do not accept such use of idiomatic terms, discussing and forbidding this usage in their book, "Nizaam al-Islam" (The System of Islam). HT do not see the current regimes as Imams nor believe they have any legitimacy and therefore the above principle does not apply.
Even if there was a legitimate Imam, he does not resolve every dispute. There are some matters which are outside his remit. For example, matters relating to his legitimacy. If he is a usurper and he believes this is acceptable, this does not oblige those who believe the usurper needs to be removed. The scholars never gave this principle for such things - rather they said you should avoid fighting due to bloodshed.
Despite the fact that many political positions can be Islamically justified given the non-prescriptive nature of Islamic law on political matters, Maajid fails to cite or reference any countries that have made the Islamic creed the sole reference in managing their societies and security being in the hands of Muslims - the fact that a law appears similar to one that may exist in Islamic law does not mean it was derived from Islam otherwise the whole world would be seen as ruling by Sharia (and also Dar al-Islam according to his view of requiring Muslims to simply reside there).
HT's argument can be looked at from two perspectives – the original divine texts with their meanings and the Jurists views.
The texts which HT quotes are not open to difference of opinion – they comprise texts that are fundamental and unambiguous. They are decisive in that the right of law/rule (hukm) is for Allah and revelation must be used when judging and ruling.
a) “The right of rule is solely for Allah"[27].
b) “Have you not seen those who declare they believe in the revelation that has come to you and to those before you? Their (real) wish is to resort together for judgement (in their disputes) to taghout"[28]
c) "...and whosoever does not rule by what Allah has revealed then such are the kafireen (disbelievers)"[29].
d) “Judge between them by that which Allah has revealed and do not follow their desires and beware of them lest they seduce you from some part of that which Allah has revealed to you”[30].
e) “Allah will never allow the disbelievers to have authority over the believers”[31].
When one reviews the classical jurists on this matter, they were emphatically decisive - some quotes are listed below to demonstrate the point:
Al-Razi states in his tafsir that this and the associated ayaat are general in their meaning and application requiring Muslims to implement Islam.
Ibn Abbas (ra) on this verse stated that anybody who denies a definitive judgement of Allah (swt) contained in the Sharia is a Kafir. He went on to say that anyone who says that the Rule of Allah (swt) does not have to be established or the rule of man is better than the Rule of Allah (swt) or the rules of man are just as good as the Rule of Allah (swt) is a Kafir. He also said that the one who does not deny Allah's (swt) Hukm, but believes that it is allowed to rule by other than what Allah (swt) has revealed, he is also a Kafir because he is denying that the right of Rule is solely for Allah (swt). This is the case even if he says that the rule of Allah (swt) is better than the rule implemented by man.
Ibn al-Qayyim said, "The correct view is that ruling according to something other than that which Allah has revealed includes both major and minor Kufr, depending on the position of the judge. If he believes that it is obligatory to rule according to what Allah has revealed in this case, but he turns away from that out of disobedience, whilst acknowledging that he is deserving of punishment, then this is lesser Kufr. But if he believes that it is not obligatory and that the choice is his even though he is certain that this is the ruling of Allah, then this is major Kufr.”[32]
Ibn Abeel-'Izz said, "Judging by other than what Allah has revealed could be kufr that expels one from the religion and could be a sin either a major sin or a minor one and it could be a symbolic kufr or minor kufr based on the two sayings and this all depends on the situation of the judge: So if he believes that judging by what Allah has revealed is not obligatory or that he has the option in this or if he dishonours it while being certain that it is the judgement of Allah then this is major kufr and if he believes in the obligation of judging by what Allah has revealed in this instance but turns away from it while recognizing that he deserves to be punished then he is a sinner and is to be referred to as a disbeliever symbolically or upon minor disbelief"[33].
Ibn Taymiyyah said, "Undoubtedly, whoever does not believe that it is obligatory to rule according to that which Allah has revealed to His Messenger is a Kafir, and whoever thinks it is permissible to rule among people according to his own opinions, turning away and not following which Allah has revealed is also a Kafir...So in matters which are common to the Ummah as a whole, it is not permissible to rule or judge according to anything except the Quran and Sunnah. No one has the right to make the people follow the words of a scholar or Ameer or shaykh or king. Whoever believes that he can judge between people according to any such thing, and does not judge between them according to revelation is a Kafir."[34]
Ibn Katheer referring to the Tartars said, "…who put together for them a law book extracted from different laws of the Jews, the Christians and the Deen of Islam. It also contained many rules taken only from their own opinion and desires that later became a system of law followed by the people and given precedence over the Book of Allah (swt) and the Sunnah of his Messenger (saw) so the ruler who does that is a Kafir."[35]
Al-Shawkani said in one of his essays:
“a) That referring for judgement to Taghoot (i.e. non Islam) constitutes major Kufr.
b) That referring for judgement to Taghoot is just one of a number of actions of Kufr, each of which in its own is sufficient to condemn the one who does it as a Kafir.
c) He gives examples of Kufr, such as people agreeing to deny women their rights of inheritance and their persisting in co-operating in that, and he states that is major kufr”[36].
If Maajid has an alternative position to this, he has not documented it in his article nor has he addressed or refuted these fundamental points aside from his passing comment “The two passages (Ayât) from the Qur'ân that are referred to, though in themselves forming a theologically definitive source for proof (Qati'i al-Thubût), their link to this particular subject matter as conditions (Shart) for the validity of a land (Dâr) is inconclusive (Zanni)".
This statement is meaningless – what does the term valid mean? And what does it mean when conjuncted to land, “a valid land”? Legal to trade with, legitimate to conclude treaties, permitted for living in, forbidden to fight with, acceptable for practicing Islamic rituals therein, nor requiring migration etc. And here lies the crux of the confusion in Maajid’s article and thought. His discussion of a Dar (land) is so vague and the term so broad, containing so many different issues, the discourse becomes convoluted and he fails to prove anything. It appears he wishes to avoid having to respond to HT’s actual argument that looks at one decisive aspect - the requirement of the implementation of Allah’s Sharia[38] – and the responsibility of Muslims to initiate this process as the Messenger did before them and call the world to Islam without compromising, selling-out or trying to coexist with philosophies, ideologies and religions of disbelief (kufr).
6. HT Concepts and the Adoption Process
Maajid quotes the famous Wahabbite rebellion against the Ottoman state from Abdul Qadeem Zalloom’s book, “How the Khilafah was Destroyed”. From this he questions why HT criticizes this rebellion if it is permitted for one to enact their ijtihad as per the HT methodology. To understand this point HT's adoption process needs reviewing.
HT emphasizes the importance and significance of its intellectual culture, verifying every idea rigorously before adopting it. It cites revival movements that failed historically due to the lack of thought and clarity in the intellectual culture, particularly in the aims and methodologies[39]. Moreover, it is often confusing what ideas and values a movement stands for, as opposed to personal thoughts and views of its adherents. HT concepts undergo the process of adoption (tabanni), accepting the strongest views and avoiding disputes regarding what is the HT official view on a matter[40]. It ensures conformity with existing adoption through a process of intense intellectual scrutiny and critique. The adopted HT books at the time of writing comprise:
1) System of Islam
2) Party Structure
3) Concepts of Hizb al-Tahrir
4) The Islamic state
5) The Ruling System in Islam
6) The Economic System in Islam
7) The Social System in Islam
8) The Islamic Personality (3 Volumes)
9) Funds of the Khilafah state
10) Political Concepts of Hizb ut-Tahrir
11) Political views of Hizb ut-Tahrir
12) Muqadimat al-Dastoor (Introduction to the constitution)
13) Al-Dausiah
14) Essential Elements of the Islamic Nafsiyyah (Disposition)
15) Organisations of the Khilafah state - in ruling and admin.
Maajid's attempt to refute HT adopted thought by using material the party has never adopted[41] is false. Why would someone who had studied with HT for so long, failed to understand this basic idea?
This idea is not taught so it is possible Maajid is not aware of it. However, he quotes a partial definition in one of the footnotes in his article, illustrating he is aware of the idea but not its centrality: “Adopted Party books are those books that are obligatory for a member to believe in and propagate. Members must not openly criticize adopted books even if they disagree with them...”[42]
HT thought has inspired a range of literature produced by individuals who have been influenced by it. To ensure these ideas are not understood to be HT's, it only puts its name to material that it has adopted – the book “How the Khilafah was Destroyed”, cited by Maajid is not an adopted book, the name Hizb ut-Tahrir does not appear on it.
The position in the book is consistent with HT views and not at variance as Maajid alleges. HT prohibits the enactment of any diverse view when the Imam or Khalif has adopted on a matter and there is no dispute that the Ottomans were valid Khalifs, a fact which the Wahabbites accepted, along with the jurists of the time. They were obliged to obey and submit to the rulers and not commit treason by colluding with the British to rebel against them. The reality post-Khilafah is one where the legitimacy of installed rulers and agents is disputed as are the ideologies and creeds they implement. Thus there is no comparison between the two scenarios.
7. What are the Discussions of Dar al-Islam/Kufr about?
Maajid states his first and “most obvious” way of showing HT’s stance to be inconclusive is by showing “Definitions of Dār al-Kufr and Dār al-Islām are not to be found in any verse of the Qur'ān or any Ĥadīth. One or two prophetic traditions (Aĥadīth), argued by many to be of weak authenticity, refer to the term Dār al-Ĥarb and another refers to Dār al-Kufr, but all fail to offer any definition of these terms. It is primarily due to this reason that the definitions are vastly differed over by the Jurists...”[43].
The terms Dar al-Kufr and Dar al-Islam have been derived from Quran and Sunnah, with all jurists agreeing to their core meanings, namely Islam must be applied and security cannot be with non-Muslims, and some ancillary aspects being disputed. A search through the major works of jurisprudence through Muslim history confirms this[44].
By arguing neither terms are in the Quran or ahadith, resulting in indecisive notions, Maajid is mistaken. Whether technical terms appear in texts or not is irrelevant - what is required is the definitions of such terms should embody, reflect and concur with divine texts. Nomenclature is not central to the Sharia witnessed by the absence of majority of technical definitions from texts and by the famous principle, "There is no objection to definitions in that they do not contradict the Sharia - for importance is not attached to the words but the meanings" - لا مشاحة في الاصطلاح ما لم يخالف الشرع؛ لذلك فليست العبرة بالمباني إنما بالمعاني
If one wished to refute him using his style of argument one would state the terms Dar, Islam and Kufr do appear in a number of texts as do their synonyms Balad, Ard and Qarya. The conjunction of these and other terms in principle is also seen in the texts. Therefore the terms Dar al-Islam/al-Kufr appear and are sanctioned by the texts. Numerous examples of Islam and Kufr appear throughout the texts so no illustration is necessary - examples of Dar from authentic and non-daeef sources include:
· That abode of utter desolation (Quran 14:28) وَأَحَلُّواْ قَوْمَهُمْ دَارَ الْبَوَارِ
· And God invites unto the abode of peace, and guides him that wills onto a straight way (Quran 10:25) وَاللّهُ يَدْعُو إِلَى دَارِ السَّلاَمِ وَيَهْدِي
· Theirs shall be an abode of peace with their Sustainer (Quran 6:127) لَهُمْ دَارُ السَّلاَمِ عِندَ رَبِّهِمْ وَهُوَ وَلِيُّهُمْ بِمَا كَانُواْ يَعْمَلُونَ
· The Prophet (saw) said: "Harm to the Dar al-Moumineen from/by al-Shaam" [Tabarani 10:6459] وعقر دار المؤمنين بالشام
The Prophet (saw) said: “Then invite them to migrate from their Dar to the Dar al-Muhajireen” [Sahih Muslim 4294/Nisai/Darimi ]
· The Prophet (saw) said: “I have been shown the Dar of your hijra” [Sahih Bukhari 12:202] أُرِيتُ دَارَ هِجْرَتِكُمْ
· The Propet (saw) said: “Peace be upon you Dar of the Moumineen” [Sahih Muslim 2:53] فَقَالَ السَّلَامُ عَلَيْكُمْ دَارَ قَوْمٍ مُؤْمِنِينَ
· The Prophet (saw) said: “Medina is the Dar of hijra and sunna” [Ahmed 1:372] الْمَدِينَةَ فَإِنَّهَا دَارُ الْهِجْرَةِ وَالسُّنَّةِ
· The Prophet (saw) said: “Medina was the Dar of shirk” [Nisai 13:55] الْمَدِينَةَ كَانَتْ دَارَ شِرْكٍ
· The Prophet (saw) said: “And he carried me to the Dar of hijra” [Tirmidhi 12:176] وَحَمَلَنِي إِلَى دَارِ الْهِجْرَةِ
· Abdul Rahman bin ‘Awf said, “...until they return to Madinah, which is Dar al-Hijrah, Dar al-Sunnah and Dar al-Salaama.” [Sahih Bukhari 3713]
· Ibn Abbas (ra) said, “Amongst the Ansaar were also people who migrated because at that time Madinah was Dar al-Shirk” [an-Nisa’i]
· The letter of Khalid bin Walid mentions “...as long as he lives in the Dar al-Hijrah and Dar al-Islam. If they leave the dar of the Muhajirs, the Dar al-Islam, then the Muslims are not obliged to maintain his family.” [Abu Ubaid, "Kitaab al-Amwaal", pg. 98 & Abu Yusuf, "Kitaab al-Kharaaj", pgs. 155-156]
Like most technically defined terms in the Islamic sciences (uloom) they do not appear in the source texts in their technical form[45]. Maajid's argument if applied to other technical terms in the Islamic sciences, covering both decisive and indecisive ideas would result in one arguing:
· the term aqeedah is not to be found in any verse of Quran or Hadith so it is indecisive (i.e., Allah’s existence is indecisive, as is the Messenger, as is the Day of Judgement etc.)
· the terms uloom al-Quran, mushaf and asbab al-nuzool are not to be found in any verse of Quran or Hadith so they are indecisive (i.e., doubt in Quran)
· the terms uloom al-hadith, ahad, sahih, daeef, mawdooh, mashoor and mutawatir are not to be found in any verse of Quran or Hadith so they are indecisive (i.e., doubt in the Sunnah)
· the term ijma al-sahabah is not to be found in any verse of Quran or Hadith so it is indecisive (i.e., doubt in the consensus of the companions on matters including finality of the Prophethood)
· the terms mandub, mubah, ruksah, azimah and fasid are not to be found in any verse of Quran or Hadith so they are indecisive (i.e., doubt in the Sharia and its laws)
Historically, the Dar (land/territory) paradigm defined the relationship between Muslims and non-Muslim political sovereign entities and those between the Islamic state and its citizens from different regions and their situations[46]. These legal terms, like others deemed important in Islam (e.g., mukallaf, mandub, aqeedah, fasid, illah, ijma, isnad, hadith etc), were coined by Muslim jurists in the early centuries of Islam. The terms were necessary as they came to encompass realities, rules and values, both decisive and speculative, in relation to these relationships and how to manage them according to the scriptures. Their core meanings were decisively rooted in divine texts (branches being disputed) being determined from the Quran, the Sunnah and the practices of the companions[47]. They encompassed rules regarding matters of practicing Islam individually and collectively, migration, citizenship, war, security etc. Typical texts that initiated these discussions and necessitated considerations of the classifications and definitions of lands included:
"Lo! as for those whom the angels take (in death) while they wrong themselves, (the angels) will ask: In what were ye engaged? They will say: We were oppressed in the land. (The angels) will say: Was not Allah’s earth spacious that ye could have migrated therein? As for such, their habitation will be hell, an evil journey’s end." [Quran 4:97]
"Those who believed, and adopted exile, and fought for the Faith, with their property and their persons, in the cause of Allah, as well as those who gave (them) asylum and aid - these are (all) friends and protectors, one of another. As to those who believed but came not into exile, you owe no duty of protection to them until they come into exile; but if they seek your aid in religion, it is your duty to help them, except against a people with whom you have a treaty of mutual alliance." [Quran 8:72]
The Prophet (saw) said: “Then invite them to migrate from their Dar to the Dar of Muhajireen” [Sahih Muslim 4294/Nisai/Darimi]
Over time a collective and agreed position emerged amongst the classical jurists - where Islamic rules (ahkam) were dominant along with security this comprised Dar al-Islam whilst Dar al-Harb (or Kufr) would be where there was lawlessness and one’s life or property was not safe – through jihad the aim was to ensure the Sharia was dominant and security was with the Muslims. This bi-polar division of the world and the discouragement (generally prohibition) to reside in Dar al-Harb, where security was an issue, meant that Muslims viewed Dar al-Islam as their lands whilst Dar al-Harb was viewed as the lands of the foreigners or the enemies. There were some discussions amongst scholars regarding ancillary issues that followed from this major discussion. For instance, what the illah (effective cause) behind the rule was; whether it is ghalbat al-ahkam bi al-quwwa wa al-qahra mutlaq (dominance of rules and security unconditionally-majority) or muqayyad (with conditions-Abu Hanifa).
However, in the twentieth century, the redefinition of the Muslim world along colonial inspired lines occurred and Muslims began to migrate to the West seeking economic betterment. These trends clashed with the classical views resulting in some modern jurists reopening this discussion arguing for redefining these positions according to the new colonialist defined realities, based on pragmatic reasoning. These included modernist thinkers like Faysal Mawlawi, Mana Qattan, Yusuf Qardawi, Taha Jabir al-Alwani and most recently Tariq Ramadan who broadly argued for the integration of Muslims into the West and a re-consideration of international relations and the Dar paradigm - these views generally being at odds with the classical jurists. Others, including al-Nabhani of HT, argued the normative rules of Islam were relevant to all times and places and as such the reality needed reconfiguring rather than reinterpreting and reconfiguring Islam, a position congruent with the classical jurists[48].
There appears to be no desire by modern jurists to address the evidences which the classical jurists used with some going as far as to even deny the existence of the evidences[49]. One hadith in question is the narration by Sulayman al-Buraydah that clearly touched on this issue[50]:
“When the Messenger of Allah appointed anyone as leader of an army… He would say…”When you meet enemies who are polytheists, invite them to three courses of action. If they respond to any one of these, accept it and restrain yourself from doing them harm. Invite them to Islam; if they respond, accept it from them and desist from fighting. Then invite them to migrate from their Dar to the Dar of Muhajireen and inform them that if they do so, they shall have all the privileges and obligations of the Muhajireen. If they refuse, tell them they will have the status of the Bedouin Muslims and will be subjected to the Commands of Allah like other Muslims”’[51]
This text makes the point Medinah is different from other Dars, due to its rule and security, which affords privileges and obligations, different to the Bedouin Muslims who simply follow the commands of Islam. Likewise the letter of Khalid bin Walid to the people of Hira reflects the same notions:
“Khalid b. Walid wrote to the people of Hira: I have granted (the people of Hira) that any of their elderly who is unable to work, afflicted by a plague, or became poor such that his co-religionists give him alms, then his jizyah will be waived and he and his family will be provided for from the Bayt al-Mal of the Muslims as long as he lives in the Dar al-Hira and Dar al-Islam. If they leave the Dar of the Muhajirs, the Dar al-Islam, then the Muslims are not obliged to maintain his family.”
In fact many evidences assume the existence of a Dar paradigm without which such texts make no sense and remain devoid of any application e.g., ‘And if they incline towards peace, you also incline towards it’[52]. This is because these verses are not addressed to individuals in their personal capacities but state entities. The Dar paradigm is a legal term whose principles are valid for all times unlike international geopolitics which varies over time[53]. It is law and not political analysis, and defines how things should be (normative) and not how things are (positive). It is prescriptive whilst political paradigms are descriptive (observational) and predictive. Furthermore it is not monolithic but made of independent but interrelated parts. The absence of one part does not mean the absence or irrelevance of the other (e.g., the absence of occupation or a peace treaty does not invalidate the entire model)[54].
By initiating a discussion centred on these terms, Maajid provides no conceptual clarity on the subject, leaving the reader with a limited comparison of the various wordings used in the composition of some technical terms and the conclusion that this matter was contested – a false conclusion.
HT’s quote is accurate and correct: “Similarly there is no disagreement that the land of Islām (Dār al-Islām) is the land that submits to the rule of Islām and is ruled by Muslims...” - none of the Jurists disputed this. This importantly is the subject matter of HT and not minority Muslims living in non-Islamic societies or occupied lands - thus the discussions of the branches of the definitions are not relevant, nor the conclusion that there were "vast" differences on the entire definitions.
Ibn Qayyim said in relation to the same, “The Jamhoor (majority) of the Ulema say, Dar al-Islam is where the Muslims go and reside and the Islamic rules are dominant. If people (the Muslims) reside in one place and Islam becomes dominant that is Dar al-Islam. If however, Islam does not become dominant it is not (considered) Dar al-Islam even if it is in close proximity to the state. Taaif was so close to Makkah (at the time when Makkah was Dar al-Islam) but it did not become part of Dar al-Islam until it was conquered.”[55]
Regarding their “astonishing” acceptance that there are differences of opinion, this is not stated in relation to the definition of Dar al-Islam as per Maajid's quotes from HT in his footnote 134. HT stated there have been differences expressed as to when Dar al-Islam becomes Dar al-Kufr comprising, "1. The appearance of the rules of Kufr, 2. Bordering of Dar al-Kufr (some arguing surrounded by kuffar) and, 3. Absence of the Security of the Muslims...", descriptive definitions and not based on divine texts (the scholars generally arguing the change of Dar al-Islam to Dar al-Kufr (or Harb) revolving around the illah (effective cause) which comprised implementation of Sharia or where power lay - both applying to the modern Muslim world).
Out of the three points, the second point is disputed and HT state a review of the (historic) reality would eliminate the second condition that is stipulated as obviously incorrect as Dar al-Islam will always border Dar al-Kufr - does that mean there is never a Dar al-Islam? It thus leaves only the remaining two points which are agreed upon and upon which HT rely. More so, they are consistent with the decisive notions that the implementation of Sharia is required and the foreign systems and ideologies implemented in Muslim societies post-colonialism are invalid and security must be in the hands of Muslims and not foreign powers.
Thus HT's position is intellectually sound and consistent - unfortunately Maajid's analysis of it is not.
Before moving on, one question remains - is the wording of the definitions decisive in HT adoption? Maajid’s critique contains an analysis of the above terms highlighting a number of citations from “Way for Revival”[56]. However a key question he appears to have overlooked is, does HT adopt or state that the wordings used in any of these definitions are definite and decisive (qati)? The answer appears to be no.
In the adopted book, “Mafaheem” (Concepts), HT presents the results of their insight and complex analysis as to the causes of decline of the Muslim world. They then articulate the problem of institutionalized non-Islamic ideologies in the Muslim lands and provide a solution for the problem, which comprises the means for change (detailed in the books “Methodology of Hizb ut-Tahrir for Change”/“Party Structure”) along with the ideology of Islam with elaboration of its shape and form in a number of books (detailed in the adopted books “System of Islam”, “Economic System”, “Social System” and “Constitution”). The underlying premises and assumptions are articulated in the series of adopted books “Islamic Personality”. At no point do they utilize the terms Dar al-Islam or Dar al-Kufr in their analysis as definite and decisive definitions. Even the quote from “Islamic Personality”, does not state the definitions of the terms, utilising their wordings, are definite and not open to being defined using different terms – nor does HT stipulate acceptance of these terms nor enter this discussion. What is expected and stipulated as decisive is that the Islamic lands must be ruled by Muslims and Islam, notions stated categorically and unambiguously by texts, and found throughout HT’s works.
Maajid argues his objective is to show the inconsistency of HT adoption – to successfully do so, he must demonstrate what HT state as decisive is to the contrary indecisive by elaborating the different views on that - otherwise all he demonstrates is that a definition is indecisive, a matter already known and acknowledged by HT - a futile exercise. With the collapse of this point, Maajid fails in his objective from the outset.
Thus the use of this point is nothing more than a “red herring”.
8. Confusion Surrounding the Definition and Usage of Technical Terminology
Maajid's analysis of definitions and comparison thereof is muddled and confused at best. This section seeks to provide some clarification.
A definition is a statement of the meaning of a term, word or phrase[57]. Definitions assist discussions by agreeing on common terminologies which alleviate the need to consistently refer to the underlying definition. The need for precision and accuracy in definitions is important.
Definitions are of two kinds: descriptive (one which is generally used) or, stipulative (where a new meaning is imposed on an existing term). Furthermore, they may be:
· Intensional which specifies the necessary and sufficient conditions for a thing being a member of a specific set, often seen in attempts to set out the essence of something, or,
· Extensional, where it specifies its extension, e.g., a list naming every object that is a member of a specific set.
In Arabic, terms may have a linguistic usage and a technical usage. Both can acquire definitions in the above manner. Islamic scholarship has traditionally focused discussion on technical definitions of terms. These comprise terms that are discussed and defined by the Sharia texts (e.g., salat, zakat, hajj, siyam etc), terms that are descriptive (e.g., mutawatir, ahad, sanad, qati, zanni etc) and terms that are necessitated through textual injunctions in order to understand and apply Sharia rules (dar al-Islam, aqeedah, ijma, illah etc).
The terms Dar al-Islam/Kufr have not been explicitly defined by the Sharia texts, however the Sharia texts necessitate their recognition in order for their implementation. For example, the texts relating to war and peace in Islam recognize relations between states and attempt to regulate them. These definitions are generally stipulatively and intensionally defined[58] although some are extensional making like comparisons between definitions more difficult. Added to this is the fact that many jurists did not explicitly document definitions of these terms however utilised them whilst discussing jurisprudence.
The linguistic usage of the term Dar refers to land, abode, city or domain. When combined with the term Islam, grammatically it is in a construct state (genitive case), giving it a meaning "the land of Islam". What does this mean? The term Islam, referring to submission, is a verbal noun (masdar) derived from the verb (fi'l) aslama, meaning "he or it submitted", with the other important derivative, the active participle (faa'il) Muslim, "the one who submits". A verb sometimes confused with it is the verb salama and verbal noun salaam which refers to peace.
In a similar discussion amongst the jurists, the question of what is it that constitutes a Muslim (one who submits to Allah) compared to one who does not (kafir). This necessitated a criteria to be extracted from the texts that dwelt on this topic, whether directly or indirectly. Detailed discussions exploring all aspects of this criteria and its implications resulted in a consensus amongst the jurists of a core criteria of what it means to be a Muslim and when one moves from being a Muslim to a non-Muslim. Likewise, the question of what constitutes a land or society which has submitted to Allah was discussed in detail and a core criteria agreed upon along with when this transitions to a non-Islamic land.
The jurists considered texts that centered around the concepts:
· authority and ruling
· security and safety
· war and peace
· practice of Islam (outside the state)
· migration
· ownership of land
There is no Sharia requirement that all these concepts are embedded in one definition - what is important is the Sharia rules are not changed or abandoned through the use of definitions.
It became clear that the texts relating to the fi