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Islams Reformers

The bigotry of the religion reformers or bigots of science who surfaced lately to blame all previous scholars, basic fundamental beliefs or practices

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the fact that it had been abolished) could be done after his death. Those who cannot comprehened this delicacy suppose that Hadrat ’Umar (radiy-Allâhu ’anh) himself abolished it and they castigate the Sahâbat al-kirâm and fiqh scholars. As it is reported in Badâyi’ and other books, it is always permissible to give goods or money to the enemy for the benefit of Islam and to prevent their harm, but it can be given not in the name of zakât but from another division of Bayt al-mâl. Then, it has not been prohibited to give something to the persons called al-muallafat al-qulûb, but it has been prohibited to pay them zakât. There are four types of property of zakât: gold and silver; commercial goods; quadruped stock animals; crops. The zakât of the products growing from the earth is called ’ushr. It is written in Majma’ al-anhur and Radd al-muhtâr, “The State had been collecting every kind of zakât from the rich until Khalîfa ’Uthmân (radiy-Allâhu ’anh) left it to them to deliever personally the zakât of gold and silver and commercial goods. He did this so that the officials who collected the zakât should not torment the people or take zakât from the debtors. Thus he also protected the debtors from imprisonment. All the Sahâbat al-kirâm agreed with him and ijmâ’ took place. When the possessors of these kinds of property pay their zakât, the State cannot demand it. If it demands, it will be opposing the ijmâ’.” To say that one cannot pay the zakât himself means to disignore the ijmâ’ of the Sahâbat al-kirâm of the time of Hadrat ’Uthmân (radiy-Allâhu ’anh). The Ahl as-Sunna scholars, having comprehended the greatness of the Sahâbat al-kirâm, did not follow their own points of view and understanding but adapted themselves to the jimâ’ of the Sahâbat al-kirâm. The Ahl as-Sunna scholars declare that the rich person has to hand his zakât to the poor. If a rich person nourishes an orphan under his guardianship with the intention of zakât, he has not paid the zakât by doing so. He should give the food to the child and the child should consume its own possession. If a rich person puts the gold on a table and a poor one takes it from the table, it will not be accepted as zakât; the rich person must see the poor or his representative take it. If he, with the intention of zakât, lets a poor person live in his house and if he does not charge him, it will not be accepted as zakât, for he has to give goods to the poor. Of the four types of property of zakât, the legal (mashrû’) State collects the zakât of certain animals and crops and of the commercial property brought into the city from abroad. But the – 194 –

State has to distribute what it has collected to poor Muslims, i.e., it collects it as the poor’s proxy. The money of zakât cannot be spent for any of the charitable deeds such as building mosques, fountains, roads or dams or performing hajj or jihâd. Every type of zakât should be handed to one of the seven kinds of people or to his proxy. The State cannot use the zakât it has collected in other fields but gives to the seven kinds of people. It is more blessed for a rich person to give it to his poor relatives, poor pious Muslims and to the poor who study knowledge. The Hadîth says, “O my umma! I swear by Allâhu ta’âlâ, who has sent me as the Prophet, that Allâhu ta’âlâ does not accept the zakât given to others while one has poor relatives,” that is, it will not be rewarded in the next world. It cannot be given to mulhids, that is, to those men of bid’a who have become unbelievers like the Mushabbiha. It is a revolution to overthrow and annihilate the State. Muslims who disobey the commands of a mashrû’ State [1] are bâghîs (rebels). As it is written in Ibn ’Âbidîn’s Radd al-muhtâr, if a Muslim who lives in dâr al-harb or under the oppression of bâghîs or of a cruel government has given them the zakât of animals and ’ushr and knows that what he gave them has been handed by them to one of the certain seven kinds of people, or if he himself has distributed them to the poor, a mashrû’ State cannot take zakât and ’ushr again; but, if they have taken the zakât of gold and silver and commercial goods, the rich person has to repeat it by giving zakât to the poor. Some books considered bâghîs and cruel governments to be poor people if they were Muslims, and regarded it to be jâ’iz for them to collect every kind of zakât and spend them as they wished. This clearly tells that zakât has to be given to the poor. In Durr-i Yektâ, one of the most valuable Turkish ’ilm al-hâl books, it is written: “Of the four types of property of zakât, gold and silver and commercial goods are called al-amwâl al-bâtina (covered possessions). It is not permissible to investigate covered possessions and to ask for their zakât. It has been left to their possessors to estimate the amount of such possessions and pay their zakât. The possessor is free to pay his zakât to any poor person he likes. The animals of zakât and farm products are called al-amwâl az-zâhira. It has not been left to the owner to estimate [1] Mashrû’ means legitimate. A state that is mashrû’ is one that is legitimate according to Islam. – 195 –

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