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QALAMUL HAQ'S RESPONSE TO SISTER VAWDA
الحمد لله الذي أكمل ديننا و أتم علينا نعمته ورضي لنا الإسلام دينا و أنزل القرآن لنحكم به والصلاة والسلام على سيدنا وحبيبنا ونبينا محمد الذي بلغ الرسالة وأدى الأمانة وعلى آله وصحبه أجمعين الذين حكموا بينهم بما أنزل الله وجاهدوا لإعلاء كلمة الله و لحفاظة أحكام الشريعة و من تبعهم بإحسان إلى يوم الدين.
Respected Muslimah, Ayesha Vawda
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We've studied your letter encouraging the Ummah to support the MMB.
Firstly, keep in mind:
فوق كل ذي علم، عليم
Above every knowledgeable one, there is a person with more knowledge!
No one on earth today can claim to be the most knowledgeable.
With respect your letter, from a legal and Shar'ee perspective is flawed and lacks credibility.
It seems you have totally misunderstood the Secular legal system and its implications on the Shari’ah.
Our first observation is that you claim you're not trying to push forward a feminist agenda, but the entire article is riddled by 'women's rights being trampled upon by men'. Are there no women suppressing the rights of men in a marriage or in a Talaaq or in far as visitation is concerned?
- You've alluded to the point that the MMB will compel Muslim men to give women their rights with regards to maintenance and visitation rights etc..
It seems you're oblivious to the fact that the laws of the country can also be set aside with a few pennies, even by those who claim to uphold and create the Constitution ie. Politicians and lawmakers.
- Secondly, no Islamic law can override the Secular Constitution. The constitution will reign supreme in any court of law. No judge will ever be able to make a Shar'ee ruling in a secular court. Do you wish that a woman be allowed to divorce a man, thereby altering the Sublime law of ALLAAH TA'ALA? Or a man be forced to give maintenance after the Iddah period, thereby altering the Sublime law of ALLAAH TA'ALA?
Do you wish that Islamic matters be judged in opposition to what ALLAAH TA'ALA had revealed?
ALLAAH TA'ALA mentions in Surah Ma'idah in three Aayaat :
Verse 44:
".... وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الْكَافِرُونَ"
"..... and whoever did not judge by what Allah revealed, verily they are Disbelievers.
Verse 45:
.... وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ
"...and whoever did not judge by what Allah revealed, verily they are the unjust ones."
Verse 47:
".... وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الْفَاسِقُونَ"
"..... and whoever did not judge by what Allah revealed, verily they are the transgressors (of the law of ALLAH TA‘ALA) ."
Do you wish the entire Ummah fall under the ambit of these strong warnings of the Qur'aan Shareef, just due to the lack of policing of monetary and visitation rights?
Those who've abused anyone in this world and haven't been taken to account for it, will definitely be charged, in the Highest of courts, the Court of ALLAAH TA'ALA.
Do you wish to see the law of ALLAAH TA'ALA broken here, on earth, en masse?
The cure to the abuse between partners, whether from the husband or the wife, is to inculcate the fear of ALLAAH TA'ALA, not to subjugate the law of ALLAAH TA'ALA and hand it over to the Kuffar to govern and regulate for you!
Do you not see the consequences of the Muslim Personal Law (MPL) on Nikaah and Talaaq in India? Do you not see the spread of homosexuality in the Ummah due to subjecting the Shari’ah to secular law in the West! The same outcome is predictable here if not curtailed immediately.
You also claim the Ummah is 'blindly following their Elders' and quoted some Verses.
Those Verses are in relation to following them on a path that is contrary to Islam and the Sunnah.
We're ordered in the Noble Qur'aan and Sunnah to follow those who are on the path of Sunnah and uphold the laws of the Shari’ah, and not those who try to water the Shari’ah down by subjecting it to a Secular, Non-Islamic Constitution.
Surah Al-Fatiha, Verse 6:
اهْدِنَا الصِّرَاطَ الْمُسْتَقِيمَ
Guide us to the right path.
Verse 7:
"صِرَاطَ الَّذِينَ أَنْعَمْتَ عَلَيْهِمْ... "
"The path of those upon whom you have bestowed your favours....."
Who are those whom the favours of ALLAAH TA'ALA had been bestowed upon?
Surah An-Nisa, Verse 69:
وَمَن يُطِعِ اللَّهَ وَالرَّسُولَ فَأُولَٰئِكَ مَعَ الَّذِينَ أَنْعَمَ اللَّهُ عَلَيْهِم مِّنَ النَّبِيِّينَ وَالصِّدِّيقِينَ وَالشُّهَدَاءِ وَالصَّالِحِينَ وَحَسُنَ أُولَٰئِكَ رَفِيقًا
And whosoever obeys ALLAAH TA'ALA and the Messenger (Muhammad ﷺ), then they will be in the company of those on whom Allah has bestowed His Favour, of the Prophets عليهم الصلاة والسلام, the Siddiqun (those followers of the Prophets عليهم الصلاة والسلام who were first and foremost to believe in them, like Sayyiduna Abu Bakr As-Siddique (رضي الله عنه)), the martyrs, and the righteous. And how excellent these companions are!
Surah Al-Maeda, Verse 49:
وَأَنِ احْكُم بَيْنَهُم بِمَا أَنزَلَ اللَّهُ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَا أَنزَلَ اللَّهُ إِلَيْكَ فَإِن تَوَلَّوْا فَاعْلَمْ أَنَّمَا يُرِيدُ اللَّهُ أَن يُصِيبَهُم بِبَعْضِ ذُنُوبِهِمْ وَإِنَّ كَثِيرًا مِّنَ النَّاسِ لَفَاسِقُونَ
And so judge (you O Muhammad ﷺ) between them by what Allah has revealed and follow not their vain desires, but beware of them lest they turn you (O Muhammad ﷺ) far away from some of that which Allah has sent down to you. And if they turn away, then know that Allah's Will is to punish them for some sins of theirs. And truly, most of mankind are Fasiqun (rebellious and disobedient to Allah).
Surah Al-Maidah, Verse 50:
أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْمًا لِّقَوْمٍ يُوقِنُونَ
Do they then seek the judgement of (the Days of) Ignorance? And who is better in judgement than Allah for a people who have firm Faith.
Surah An-Nisa, Verse 58:
إِنَّ اللَّهَ يَأْمُرُكُمْ أَن تُؤَدُّوا الْأَمَانَاتِ إِلَىٰ أَهْلِهَا وَإِذَا حَكَمْتُم بَيْنَ النَّاسِ أَن تَحْكُمُوا بِالْعَدْلِ إِنَّ اللَّهَ نِعِمَّا يَعِظُكُم بِهِ إِنَّ اللَّهَ كَانَ سَمِيعًا بَصِيرًا
Verily! Allah commands that you should render back the trusts to those, to whom they are due; and that when you judge between men, you judge with justice. Verily, how excellent is the teaching which He (Allah) gives you! Truly, Allah is All-Hearing , All-Seeing.
Surah An-Nisa, Verse 59:
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنكُمْ فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ذَٰلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًا
O you who believe! Obey ALLAAH and obey the Messenger (Muhammad ﷺ), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger (ﷺ), if you believe in Allah and in the Last Day. That is better and more suitable for final determination
Verse 60:
أَلَمْ تَرَ إِلَى الَّذِينَ يَزْعُمُونَ أَنَّهُمْ آمَنُوا بِمَا أُنزِلَ إِلَيْكَ وَمَا أُنزِلَ مِن قَبْلِكَ يُرِيدُونَ أَن يَتَحَاكَمُوا إِلَى الطَّاغُوتِ وَقَدْ أُمِرُوا أَن يَكْفُرُوا بِهِ وَيُرِيدُ الشَّيْطَانُ أَن يُضِلَّهُمْ ضَلَالًا بَعِيدًا
Have you seen those (hypocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement (in their disputes) to the Taghut (false judges, etc.) while they have been ordered to reject them. But Shaitan (Satan) wishes to lead them far astray.
Verse 61:
وَإِذَا قِيلَ لَهُمْ تَعَالَوْا إِلَىٰ مَا أَنزَلَ اللَّهُ وَإِلَى الرَّسُولِ رَأَيْتَ الْمُنَافِقِينَ يَصُدُّونَ عَنكَ صُدُودًا
And when it is said to them: "Come to what Allah has sent down and to the Messenger (Muhammad ﷺ)," you (Muhammad ﷺ) see the hypocrites turn away from you (Muhammad ﷺ) with aversion.
Surah An-Nisa, Verse 65:
فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّىٰ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لَا يَجِدُوا فِي أَنفُسِهِمْ حَرَجًا مِّمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًا
But no, by your Lord, they can have no Faith, until they make you (O Nabi Muhammad ﷺ) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.
Under these Noble Verses, Hadhrat Mufti Muhammad Aashiq Ilahi (رحمة الله عليه) mentions the following points, in the Tafseer, Anwaarul Qur'aan:
1- The legislation passed by man is usually contradictory to the teachings of ALLAAH TA'ALA and this is injustice even though people may consider it to be just. All laws should be in accordance to that which Allah Ta‘ala prescribes, whether it be with regard to capital punishment, commerce, marriage, divorce, politics, domestic life and every other sphere of life.
Allah says in Surah Ma'idah "The one who does not judge by that which Allah revealed, then those are the unjust ones indeed" (verse 45). It is unfortunate that even the people in the Muslim States aren't prepared to accept Islamic legislation.
Allah says in Surah Ma'idah "Do they seek the law of ignorance? Who is better than Allah to decide for the people with conviction (true believers)" (Verse 50)
2- Who should be appointed a judge?
The answer is that he should be a person who is learned in the Qur’aan, Sunnah and the principles of Shari’ah, passing judgement in accordance with these. He must also practice the Shari’ah and encourage others to do the same.
The Kuffar have instituted the unjust system whereby an oppressed person can never have a hearing until he is able to afford the exorbitant legal costs. Thereafter an appeal has to be made, whereafter the case will be heard only after the person passes through a lengthy process of delayed and postponed dates of hearing. It is indeed unfortunate that everyone has grown accustomed to this unjust system and are being paid to uphold it.
3 - There is no need to obey that order which constitutes disobedience to ALLAAH TA'ALA.
4- Who are those in authority mentioned in verse 59?
Hadhrat Abu Hurairah, Hadhrat Ibn Abbas and Hadhrat Jaabir (رضي الله عنهم) mentioned that "those in authority" refers to the jurist and Ulama i.e. those people who teach the laws of Deen. Hadhrat Hasan and Hadhrat Mujahid (رحمة الله عليهما) also express the same opinion.
5- An admonition to those who lend support from Un-Islamic laws:
The verse (60) serves as an admonition to all those who are not satisfied with the decision of the Qur'aan and Sunnah despite claiming to be Muslims. Instead they take their cases to those whom they think will decide the matter by Un-Islamic laws and whom they can bribe to pass judgement in their favour (like the Kuffar judicial courts).
6- One can never be a perfect Mu'min until one submits to the decision of Nabi ﷺ:
Whenever the decision of Rasulullah ﷺ serves to resolve a dispute, both parties should accept the decision wholeheartedly. It often occurs that people in today's time are reluctant to accept Islamic verdicts in their disputes. These people should question their Imaan since ALLAAH TA'ALA declares on oath "Verily, by the oath of your Rabb, they will not believe until they make you (Nabi ﷺ) judge the disputes between them and do not find any dissatisfaction to that which you decide and they submit with full submission"
Since Rasulullah ﷺ is no longer alive, the Qur'aan and Sunnah should be consulted in all matters!
Reference: Tafseer Anwaarul Qur'aan by Mufti Muhammad Aashiq Ilahi (رحمة الله عليه)
In conclusion, we understand from these Sublime Verses of the Noble Qur'aan and Ahadith and uptight sayings of the Sahabah (رضي الله عنهم أجمعين ), that subjecting any judgement of Shari’ah to the Kuffar is not permissible in any way whatsoever! There's a fear for such people's Imaan. They should check their Imaan and repent sincerely for downplaying the laws of the Shari’ah!
Injustice will only become more bold when put before a Secular court with a Kaafir judge, who rules according to secularism and can be easily swayed or bribed.
The cure to the injustices perpetrated by either the Muslim wife or the husband, is to inculcate the fear of ALLAAH TA'ALA, who's law reigns supreme, and who's punishment is most severe, and from whom nothing is hidden! This object can also be achieved by shunning all the Haraam in the build-up to the Nikah, after the Nikah and in our lives in general.
Our compass and guide is the Qur'aan and Hadith! Not any secularist, Kufr laws and bills.
We plead with you, Oh sister, to go back to basics, go sit at the feet of Noble Aalimaat, who have fear of ALLAAH TA'ALA and learn the true Deen in totality, don't be swayed by fancy secular bills and legislations that appeal to the Nafs.
We appeal to you to reject the MMB that will judge in contrast to the law of ALLAAH TA'ALA!
We request you and the Muslim public to study the above and sign the petition in opposition to the MMB bill and it's proponents!
Link to petition:
والسلام على من اتبع الهدى
Issued by Qalamul Haq
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