Monday, October 15, 2012

-358- Tafseer Surah TaHa (Part 5)

TAFSEER SURAH TAHA (71-73)
THE RULES OF IKRAAH
by Shaikh Abdullah Faisal
07.09.2012 (Evening Dars)



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NOTES typed by AT23, AT38 and AT21
Edited and Formatted by AT21, AT7 and AT5


Bismillah...


AYAH 71


قَالَ آمَنْتُمْ لَهُ قَبْلَ أَنْ آذَنَ لَكُمْ إِنَّهُ لَكَبِيرُكُمُ الَّذِي عَلَّمَكُمُ السِّحْرَ فَلَأُقَطِّعَنَّ أَيْدِيَكُمْ وَأَرْجُلَكُمْ مِنْ خِلَافٍ وَلَأُصَلِّبَنَّكُمْ فِي جُذُوعِ النَّخْلِ وَلَتَعْلَمُنَّ أَيُّنَا أَشَدُّ عَذَابًا وَأَبْقَى

[Fir'aun (Pharaoh)] said: "Believe you in him [Musa (Moses)] before I give you permission? Verily! He is your chief who taught you magic. So I will surely cut off your hands and feet on opposite sides, and I will surely crucify you on the trunks of date-palms, and you shall surely know which of us [I (Fir'aun Pharaoh) or the Lord of Musa (Moses) (Allah)] can give the severe and more lasting torment." (Ta-Ha 20:71)

This person was suffering from a personality disorder (pharaoh)
- leaders of today suffer from the same thing
- this person said ‘how can you believe when I did not give you the permission to do so?’
- he was a person that was intoxicated with power
- he was megalomaniac

George Bush said you are either with us or with the terrorist
- and they killed the young son of Shaikh Anwar (RH)
- these people are evil
- they are the terrorist and are cold blooded murderers

Pharaoh had a personality disorder
- he elevated himself beyond his scope
- he compared himself to Allah
- not only did he compare himself with Allah, he claimed to be Allah
- Man is like that
- if a man stands in the sun he will die of skin cancer, yet they claim to be Allah

Then he gathered his people and cried aloud, (An-Nazi'at 79:23)
Saying: "I am your lord, most high", (An-Nazi'at 79:24)

And he can’t even control his own bowels, yet he wants to say he is Allah

Fir'aun (Pharaoh) said: "You have believed in him [Musa (Moses)] before I give you permission. Surely, this is a plot which you have plotted in the city to drive out its people, but you shall come to know. (Al-A'raf 7:123)

"Surely, I will cut off your hands and your feet on opposite sides, then I will crucify you all." (Al-A'raf 7:124)

- this ayah tells you pharaoh was insecure
- paranoia is another disease they suffer from
- he is saying that you have plotted against me with Prophet Musa to destroy my kingdom
- and due to this he had them killed (the magicians)

Ibn Abbas said, "Thus, he was the first person to ever do this (public execution, crucifixion).'' This was reported by Ibn Abi Hatim. [Tafseer Ibn Katheer (5/304)]

- the signs Musa bought were clear


AYAH 72


قَالُوا لَنْ نُؤْثِرَكَ عَلَى مَا جَاءَنَا مِنَ الْبَيِّنَاتِ وَالَّذِي فَطَرَنَا فَاقْضِ مَا أَنْتَ قَاضٍ إِنَّمَا تَقْضِي هَذِهِ الْحَيَاةَ الدُّنْيَا

They said: "We prefer you not over the clear signs that have come to us, and to Him (Allah) Who created us. So decree whatever you desire to decree, for you can only decree (regarding) this life of the world. (Ta-Ha 20:72)

The magicians told him we will never take your side over Musa's and Allah's
- the truth divides people
- the truth puts you on the spot and forces you to take a stance
- the magicians were put on the spot and they were forced to take a stance
- they realised, what was the haqq
- are you going to swallow your pride and follow the haqq or continue lying to yourself?
- the truth makes you become brave
- and the greatest jihad is to speak the truth in front of a tyrant ruler

Abu Sa'ed al-Khudri narrated the Messenger of Allah (SAW) said: "The best Jihad is to speak a word of truth to an oppressive ruler." [Sunan Abu Dawud (4/124) No. 4344, Sunan Ibn Majah (5/144) No. 4011, Sunan Tirmidhi (4/471) No. 2174]

Jabir (RA) narrated the Messenger of Allah (SAW) said: "The master of the martyrs is Hamza ibn Abdul Mattalib, and a man who stands (in front of) an oppressive ruler and enjoins the good and forbids the evil and so is killed for it." [Mustadrak al-Haakim (3/215) No. 4884]

To fight your nafs is NOT the greatest jihad
- Musa and Harun (AS) were sent to them with clear signs


AYAH 73



إِنَّا آمَنَّا بِرَبِّنَا لِيَغْفِرَ لَنَا خَطَايَانَا وَمَا أَكْرَهْتَنَا عَلَيْهِ مِنَ السِّحْرِ وَاللَّهُ خَيْرٌ وَأَبْقَى

"Verily! We have believed in our Lord, that He may forgive us our faults, and the magic to which you did compel us. And Allah is better as regards reward in comparison to your [Fir'aun's (Pharaoh)] reward, and more lasting (as regards punishment in comparison to your punishment)." (Ta-Ha 20:73)

The magicians made taubah from the magic that they dabbled in
- 2:102 is proof that black magic makes you kaafir
- this is why the magicians made taubah

...Sulaiman did not disbelieve, but the Shayatin (devils) disbelieved, teaching men magic and such things that came down at Babylon to the two angels, Harut and Marut, but neither of these two (angels) taught anyone (such things) till they had said, "We are only for trial, so disbelieve not (by learning this magic from us)."... (Al-Baqarah 2:102)

When a person takes shahada, this wipes out his previous sins
- the reward of Allah is better, because it is ever lasting
- the magicians spoke like a mujahid
- the kaafir soldier’s reward is a monthly paycheck
- the mujahedeen’s reward is within green birds and paradise
- how can you compare that?
- this is exactly what the magicians said to pharaoh
- “how can we take sides with you against Musa"

Whenever the truth comes in, it divides the people
- the truth gives you guts
- and also gives you manhood
- and makes you stand up and challenge baatil
- these are some of the 19 realities of the haqq
- when you are not on the haqq you will follow falsehood (baatil)

The truth gives you happiness and self-contentment
- the magicians were happy to die fisabilillah
- they realised the truth and owned up to practicing optical illusion
- the magicians mentioned the word Ikraah
- everything with Allah is everlasting reward and punishment


WHAT IS IKRAAH?
- to threaten a person with their life and force them to do haram under duress
- so sometimes a person is forced to do haram
- and there are different types of force e.g. forced marriage


EIGHT DIFFERENT TYPES OF IKRAAH

1. FORCED MARRIAGE
- this is haram
- Allah said in 4:19

O you who believe! You are forbidden to inherit women against their will,... (An-Nisa 4:19)

Narrated By Khansa bint Khidam Al-Ansariya: That her father gave her in marriage when she was a matron and she disliked that marriage. So she went to Allah's Apostle and he declared that marriage invalid. [Sahih Bukhari (7/18) No. 5138]

Some Muslim girls are forced to marry
- their parents say to them; ‘if you don’t marry the man’ (e.g. their first cousin)
- “I will never speak to you again” or “your are not my daughter”
- these marriages are baatil (invalid)

2. FORCED DIVORCE
- if you force a man to divorce his wife; this doesn’t take place
- divorce has to take place of his free will, not by force

Ibn al-Qayyim (rh) said: "The Sahaabah ruled that the divorce issued by one who is forced to do it does not count as such. It was narrated from ‘Umar that a man suspected a rope so that he could collect honey from the mountain; his wife came to him and said: I shall certainly cut the rope if you do not divorce me. He adjured her by Allah not to do that, but she insisted, so he divorced her. He came to ‘Umar and told him what had happened, and he said to him: Go back to your wife, for this is not a divorce. The opinion that it does not count as a divorce was also narrated from ‘Ali, Ibn ‘Umar and Ibn al-Zubayr (may Allah be pleased with them)." [Zaad al-Ma‘aad (5/189)]

3. FORCED CONFESSION
- so if you force a man to confess e.g. that he was plotting to blow up the parliament
- and he confessed; that confession is baatil because you tortured a man to confess
- a Muslim judge can’t take a forced confession to court
- so how can you punish the man?

4. FORCED APOSTASY
- you beat a man or put a gun on his head and force him to apostate from Islam
- so he utters a word of apostasy

Syrian soldiers force man to say "No god but Bashar Al Assad":
http://www.youtube.com/watch?v=aT0Fzx8LiGQ


ASSAD SOLDIERS BURIED A SYRIAN ACTIVIST ALIVE:
http://www.youtube.com/watch?v=P_fN6Un28Mc


Ammar ibn Yaasir was beaten by Quraish and he was on the verge of death
- and Ammar ibn Yaasir he renounced Islam
- but the prophet (SAW) said he is still a Muslim because it came from his lips
- not his heart, then Allah (SWT) revealed an ayah to say the fatwa he passed was correct

Whoever disbelieved in Allah after his belief, except him who is forced thereto and whose heart is at rest with Faith but such as open their breasts to disbelief, on them is wrath from Allah, and theirs will be a great torment. (An-Nahl 16:106)

This ayah was revealed regarding the situation with Ammar ibn Yaasir
- that Ammar ibn Yaasir wasn’t a kaafir because he was under ikraah
- when Quraish beat him up, he saw his parents die, and then they were going to kill him
- and so he apostate with his tongue, so he used his own ijtihad
- then the prophet told him not to worry because he is still a Muslim

So if a person holds a gun at you and commands you to renounce Islam
- if you apostate with your tongue; you are still a Muslim
- if you did not apostate; maybe you committed suicide because you are under ikraah

5. FORCED CONVERSION
- if you put a gun at the head of a Hindu and force him to convert
- this doesn't count because Allah said in 2:256' that there is no compulsion in deen
- therefore you can't force a person to embrace Islam

There is no compulsion in religion. Verily, the Right Path has become distinct from the wrong path. Whoever disbelieves in Taghut and believes in Allah, then he has grasped the most trustworthy handhold that will never break. And Allah is All-Hearer, All-Knower. (Al-Baqarah 2:256)

Shaikh asked his shaikhs whether this took place in Islamic history
- they said it is possible that a person was forced to become a Muslim
- originally they were fake, but their Islam was later sincere
- they were wrong to force them but Allah forgives all sins
- so it is possible in Islamic history people were forced to convert
- but we are not allowed to force people to convert because of 2:256

The munafiqeen twist this ayah and spin it out of context
- example the adhan is called for maghrib at a wedding and some men don’t respond
- you call a group of young men, smartly dressed, clean shaven; smoking outside
- ‘brother the adhan for maghrib has been called, I’m inviting you make wudu and pray with us’
- and when you call them, they'll quote this ayah (2:256)
- la ikraah fid deen (there is no compulsion in religion)
- they say to you; ‘we can’t stop this conversation right now and we don’t pray anyway’
- ‘and the reason we don’t pray is because Allah said let there be no compulsion’
- this is the argument of the munafiq, the ayah was spun out of context
- this ayah (2:256), it means forcing a person to take shahadah

If you take your shahadah willingly or were born from Muslim parents; you have to pray
- if you don’t pray, you are executed (in the Islamic State)
- if you don’t pray the caliph locks you up in prison
- and provides you a prayer mat to pray and water to make wudu and show you the qibla
- and if one salah came (e.g. salatul dhuhr) and the caliph asked you to pray
- if salatul dhuhr came and went and you did not pray, your head is gone
- the only time your head is not gone is; if you are a child or a madman
- because a child and madman are stripped of accountability

Ali reported that Allah’s Messenger (SAW) said, "The pen has been raised for three persons (meaning they are not held accountable for what they do): one who is sleeping until he gets up, a child until he reaches the age of puberty, and an insane person until he becomes sane." [Musnad Ahmad (1/154) No. 1327, Sunan Abu Dawud (4/140) No. 4402, Sunan Timidhi (4/32) No. 1423, Sunan Ibn Majah (3/198) No. 2041, al-Sunan al-Kubra al-Nasa'i (5/265) No. 5596, Mustadrak al-Haakim (2/67) No. 2350]

- if you refuse to pray then you are an apostate
- hence your head has to go, but this is only to be carried out in the Islamic state
- this is another reason why Islam and democracy can't be the same
- in democracy a man is free to change his religion
- in the Islamic state a Christian is free to become a Muslim, but a Muslim cannot become a Christian

Narrated By 'Abdullah: Allah's Apostle said, "The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims." [al-Bukhari (6878) and Muslim (1676)]

6. FORCED TO DO MUNKAR

- if you are forced to do a munkar, the caliph is not allowed to punish you
- e.g. you are forced to drink alcohol
- the scholars agree you are allowed to drink alcohol under ikraah
- what if a person is forced to commit zina? The scholars are split down the middle
- the Maliki’s and the Hanbali’s say it is allowed and not a sin
- but the Shafi'is and Hanafis say it is not allowed, that it is not ikraah
- the Maliki and Hanbali view is more correct, because the worst haram is apostasy
- Ammar ibn Yaasir renounced Islam under duress and the prophet took sides with him
- zina is less serious than apostasy

- the scholars all agree - Abu Hanifa, Imam Malik, Ahmad ibn Hanbal and Imam Shafi'i
- if someone forces you to commit sodomy, it is not allowed and it is not ikraah
- they also agree you are not allowed to kill your Muslim brother or dhimmi
- dhimmi = non-Muslim in the Islamic state who pays the jizyah
- Murder is not ikraah and you will be punished

So why do they allow you to drink alcohol and eat pork under ikraah
- this is because of surah 6:119

And why should you not eat of that (meat) on which Allah's Name has been pronounced (at the time of slaughtering the animal), while He has explained to you in detail what is forbidden to you, except under compulsion of necessity? And surely many do lead (mankind) astray by their own desires through lack of knowledge. Certainly your Lord knows best the transgressors. (Al-An'am 6:119)

If you are starving and pork was available, you did not eat pork and died
- you committed suicide

Imam Shafi’i said that you can eat human flesh to save your life
- this is the same as eating pork and the human being is purer than the pig

“If one is in dire need and found a dead body of an animal, a swine, or of human, he might eat the dead animal because it as “Halal” (lawful or permissible), but not the body of a swine or a human.” There is a light prevention and a strong prevention, and these are the rules, such as one hates to have sexual relation with his sister, but can have a sexual relation with a foreigner because it is lawful for him. This is the condition for these rules. Eating the flesh of a human is not allowed. Yet the scholars Ahmad and Dawud protested by saying that prophet Muhammad (SAW) said, “Breaking the bones of a dead body is like breaking the bones of a live body. Al-Shafie said, “One may eat the flesh of a human body. It is not allowed to kill a Muslim nor a free non-Muslim under Muslim rule (because he is useful for the society), nor a prisoner because he belongs to other Muslims. But you may kill an enemy fighter or an adulterer and eat his body.” Dawoud slandered Al-Mozny by addressing Al-Mozny saying, “You allowed eating the flesh of the prophets.” Ibn Sharie responded also to Al-Mozny by saying, “You allowed killing the prophets and did not allow eating the flesh of the infidels.” Ibn Al-Araby said, “The proper thing for me is not to eat human flesh unless the person makes sure that this act saves him from starving to death and Allah knows best.” [Tafseer al-Qurtubi (2/229)]

- the Rasul (SAW) said that Allah forgives this ummah for three things:

i. MISTAKE
ii. FORGETFULNESS
iii. DURESS

Ibn 'Abbas (RA) the Messenger of Allah (SAW) said: "Verily Allah has pardoned [or been lenient with] for me my Ummah: their mistakes, their forgetfulness, and that which they have been forced to do under duress." [Sunan Ibn Majah (3/200) No. 2045, al-Mu’jam al-Kabir al-Tabarani (11/133) No. 11274, al-Sunan al-Kubra al-Bayhaqi (7/584) No. 15094, Sunan al-Daraqutni (5/300) No. 4351]

The scholars of Islam said that homosexuality is not ikraah - why is this?
- this is because sodomy destroys your honour and the other man
- but drinking alcohol or pork won’t destroy your honour
- so if you are held at gunpoint to sodomize another man, it’s better that you to choose to die
- it’s also agreed that you cannot kill your Muslim brother out of ikraah
- you are excused all except murder, sodomy and some scholars also include treachery
- you cannot betray the mujahideen under ikraah

7. FORCED BAY’A
- this is baatil when it is forced
- Bay’a is your oath of allegiance, to obey ameer or caliph
- imam Malik he suffered for this because of his stance of forced bay’a
- the caliphs which were not rightly guided
- if you did not give them bay’a, they would kill you

8. FORCED CONTRACT
- you have a shop at a strategic location and you are forced to sell it
- this contract is baatil

You need to understand ikraah else you'll punish innocent people
- a Qaadi in the courthouse needs to be a faqih (expert in fiqh)


CONDITIONS OF IKRAAH

1. THE PERSON APPLYING THE IKRAAH SHOULD BE IN AUTHORITY
- and has the ability to carry out the threat
- if a layman with no authority threatens you, then you are not under ikraah

2. THE PERSON INTIMIDATED SHOULD BE SURE THE THREAT IS IMMINENT
- and will be carried out, then you are considered under ikraah

3. THE THREAT HAS TO BE CATASTROPHIC
- such as life in prison, amputation or death

4. THE PERSON WHO IS UNDER IKRAAH CANNOT BE A LEADER
- the leader of a country cannot be under ikraah
- the person under ikraah has to be powerless, not the leader of a country

Some scholars believe that the LOSS OF WEALTH is ikraah
- if the enemy decides to take all your wealth, it is ikraah (only Abu Hanifa differed)