29.11.16

Q&A: Disputed Classification of Weak Ahadith among the Hadith Scholars

Disputed Classification of Weak Ahadith among the Hadith Scholars

Question: As-Salam Alaikum, I am an Egyptian and this is the first time I visit your website. I am confused about some previous information and when I read your answers to some of the questions, more confusions surfaced, so will you have patience and hear them out, thank you.

“Both Hadiths are not free of disputes, this is why some scholars of Hadith classified it as weak, but we regard it as Hassan Hadith, because it was mentioned in the Fiqh Books and they referred to it when extracting rules”

This statement was mentioned in the answer of Sheikh Abu Al-Rashtah regarding the Hadith of “my companions are like stars”. To my knowledge it is the Muhadiths (scholars of Hadiths) who classify a Hadith. My question is:  Is it possible that a Hadith can be classified as Sahih by the Fiqh but as Mawdoo’ (subject) for example according to the Muhadith?

By Mahmoud Ahmed

Answer:

Wa Alaikum As-Salam Wa Rahmatullah Wa Barakatuhu

It seems that you were confused when you read our answer regarding the Hadith of “my companions are like stars” and you thought that the Muhadiths can classify a Hadith as weak but the Faqihs can classify it as Hassan, but this is not the case, if the Muhadiths agree that a Hadith is weak, then the Faqihs do not classify it as Hassan.

My brother, the issue is regarding a weak Hadith that the scholars of Hadith disputed in its classification as weak, some would consider it as weak and cannot be used as evidence, while others approve it as evidence. This is because some narrators are considered as trustworthy by some Muhadiths, but are considered as not trustworthy by others or that the narrators are considered as unknown by some Muhadiths, but as well-known by others. Also some Hadiths are taken as Sahih from a chain but as not Sahih from a different chain, The Muhadith who finds an unknown narrator in the chain of a Hadiths will consider that Hadith as weak and not fit to refer to as an evidence. But on the other hand if this unknown narrator’s identity is revealed and is seen to be a trustworthy narrator, the Hadith will be fit to use as evidence.  If a Muhadith sees that it is was not possible for one of the narrators to hear the Hadith from the previous narrators, then the Hadith will be classified as weak because there is an interruption in the chain, but if a Muhadith can prove that there is no interruption in the chain and that the narrations reached all the narrators then the Hadith is considered Hassan and is used as evidence.

I will mention to you some examples of the disputes of the Muhadiths as I explained above:

For example: Abu Dawood, Ahmad, Nasa’i, Ibn Majah and Tirmithi narrated from Abu Huraira (ra) that he said:

“A man asked the Prophet  and said: ‘O Messenger of Allah! We ride the sea and carry little water, if we use it for Wudu we will become thirsty, can we use the sea water for Wudu?’ He  said: ‘Its (sea) water is pure (Tahir) and its dead (animals) are permitted.’”

Tirmithi related that this Hadith is correct (Sahih) by Bukhari. Hakam Ibn Abd Al-Bar spoke of its correctness due to the acceptance of this Hadith by the scholars. Ibn al-Munthir said it is Sahih Hadith and Ibn Al-Aseer said in Sharh Al-Musnad: This Hadith is Sahih and Mashoor, extracted by the Imams in their books and they used it as evidence and its narrators are trustworthy. As-Shafi’i said that in the chain of the narrators of this Hadith, there is an unknown narrator to him. Ibn Daqiq Al-Eid mentioned the ways why this Hadith is not used as evidence; this includes the lack of information regarding Saeed Ibn Salama and Al-Mugheera Ibn Abi Barda who are mentioned in the chain of this Hadith, while these two narrators are known according to some Muhadiths. Abu Dawood said: Al-Mugheera is known, this is confirmed by Nasa’i. Al-Hafith said:  therefore from this it is incorrect someone claims that he is not identified and unknown. As for Saeed Ibn Salama, he followed Safwan Ibn Salim’s narration regarding Al-Julah Ibn Katheer.

Another example: Ahmad narrated from Saad Ibn Abi Waqas that he said:

“I heard the Prophet  enquiring about buying Tamr for Rutab (two forms of dates), He  asked those around him: ‘Does the Rutab (fresh date) shrink when it dries up?’ They said yes. He  prohibited that (action).”

This Hadith is Sahih by Bukhari, but was not accepted by a group including At-Tahawi, At-Tabari, Ibn Hazm and Abdul Haq, due to the presence of Zaid Ibn Ayash in its chain of narrators who is considered unknown. In the conclusion of the answer, he said that Ad-Dar-qitni said that he is a confirmed trustworthy (meaning Zaid Ibn Ayash), Al-Munthiri said: that two trustworthy narrators have narrated from him and they were accepted by Malik who is known for his extreme criticism.

Such Hadiths that are disputed in their classification as weak, they are the ones referred to by the Mujtahids or to their followings and witnesses that increase their strength, rendering them fit to be used as evidence. Note that not every weak Hadith is subject to search for its followings and witnesses to strengthen it or that it is subject for search to find if it was used by Mujtahids, there are weak Hadith that cannot be strengthened by anything, this is because the weak Hadith is divided into two types:

§  A type that is not used and is not strengthened by any followings and witnesses
§  A type that is strengthened by any followings and witnesses and is used by renowned Mujtahids and Faqihs

In our book, The Islamic Shakhsiyya, Volume I, it mentions the following:

“…It is incorrect to say that the weak Hadith if it comes from different weak chains it becomes Hassan or Sahih. If the Hadith is weak because of the corruption of its narrator or for being accused of actual lying and if it comes from other narration of such nature, this adds weakness to its weakness…” It also states: “Hassan Hadith is the Hadith whose extractor is known and its narrators are famous and does not contradict most of the Hadiths and it is what is accepted by most scholars and is used by most Faqihs, i.e. that its Sanad (chain of transmission) does not contain any one accused of lying and it must not be an odd Hadith. It is of two types: the first: The Hadith that its narrators are not free of any unknown whose is not eligible, but he must not be unaware and full of mistakes and must not be accused of fabrication. And the Matn (text) of the Hadith must have a similar narration from another chain, this will ensure that it is not odd or strange End of quote. This type in origin is weak but because it has witnesses and followings it is considered Hassan. This is what the scholars of Hadith say, in the book, Al Muqadimah by Ibn As-Salah who is one of the most famous scholars in Hadith science, it states:

***Not every weakness in a Hadith is removed when it comes from different chains, but this differs: the weakness that is not removed in such a way, due to the extent of the weakness and the end of the tyrant’s oppression and his resistance. This is like the weakness that originates because the narrator is accused of lying or that the Hadith is odd… and there is weakness removable by that, such as it being originating from a weakness in the memorization of the narrator, while he is of the people of truth and Deen. If we see that the narration that he brings from another chain, then we know it is due to his memorization and that his accuracy is not compromised.

It is clear to me that Hassan Sahih is of two types:

First: The Hadith that its narrators are not free of any unknown whose is not eligible, but he must not be unaware and full of mistakes and must not be accused of lying about the Hadith, i.e. that he did not show deliberate lying about the Hadith or any other corrupt reason and the Matn (text) of the Hadith also is known, through another similar narration or the same from different chain or chains, until it is linked to the following of the one who is following a similar narration or with that which have a witness to, which is the narration of another similar Hadith, which clears it from being odd and strange…) End quote. Here you see that this Hadith is weak in origin is considered as Hassan if a similar Hadith from another chain or is linked to the following or has a witnesses…etc.

And so, if a Hadith is said to be weak among some of the Muhadiths, it is not sufficient to discard it and not to use it as evidence, but the reasons for its classification as weak will be researched and whether the Mujtahids and renowned Faqihs and whether there are witnesses and followings that strengthen it or not. And whether it is classified by all Muhadiths? Or that they have disputed in the reason for classifying it as weak…and after studying all of that a decision will be taken whether to use the Hadith as evidence or not and so on. This is the basis we followed with regards to the Hadith:

“My companions are like the stars; by each whom you follow you will be guided.”

Because of the following:

This Hadith is narrated in more than one chain, each has been commented on and the strongest is the narration by Jabir (ra) which is:

Abu Umar Yusuf an-Nimry Al-Qurtubi (died in 463 AH) has extracted in his book, Jami’ Bayan Al-Ilm Wa Fadhluh, he said:

Ahmad Bin Ummar told us and said: he praised Ali Bin Umar and praised Al-Qadi Ahmad Bin Kamil and praised Abdullah Bin Rawah and praised Salam Bin Sulaim and praised Al-Harith Bin Ghusain, from Al-Amash, from Abi Sufyan, from Jabir that he said: the Prophet said:

“My companions are like the stars; by each whom you follow you will be guided.”

Abu Umar said: “This is a chain that is not accepted as evidence, because Al-Harith Bin Ghusain is unknown”.

But Ibn Hazm knew him and said that he is Abu Wahab Athaqafi and Bukhari also knew him and mentioned him in At-Tarikh Al-Kabeer, Al-Hafith Ibn Hajar Al-Asqalani followed him in Al-Amali Al-Mutlaqa, he said: Ibn Haban mentioned him as one of the trustworthy, so it cannot be that he is unknown.

So it is a weak Hadith according to those who considered Al Harith Bin Ghusain as an unknown, as mentioned by Ibn Abdul Bir. But the Hadith is considered as fit to be used as evidence by those who knew Al Harith Bin Ghusain and considered him as trustworthy.

Therefore the Muhadiths did not agree on the classification of this Hadith as weak, so if this Hadith is found among renowned Mujtahids and Faqihs, it will be fit to be used as evidence. Because there is no consensus that it is weak by the Scholars of Hadith, this is followed by the renowned Mujtahids and Faqihs, so it is used as evidence with reassurance.

I will mention to you some of the renowned Mujtahids and Faqihs who used this Hadith as evidence:

Muhammad Bin Ahmad Shams Al-A’ima As-Surkhasi (died 483 AH) who used it as an evidence in his book Al-Mabsoot regarding the subject of Judiciary.

Abu Al-Abbas Shihab Ad-Deen known as Al-Qarafi (died 684 AH) in his book Az-Zakhira in his study of the Usul of Malik, also referred to by Abu Al Hassan Ali Bin Muhammad known as Al-Mawardi (died 450 AH) in his book Al-Hawi Al-Kabeer in his study of the Sahabah, Abu Muhammad Muwafaq ad-Deen known as Ibn Qudama Al-Maqdasi (died 620 AH) in his book Al-Mughni in the chapter: “The Sixth Chapter: The Reward of what was a Hunting Animal and the Similar Blessing”.

As you can see the Hadith is used by renowned Mujtahids and Faqihs, this is why it is considered as Hassan.

This is only for the issue related to Hadith that is disputed as weak by the Muhadiths not the Hadith that is agreed by all as weak. This latter one would not be considered if it was mentioned as weak in the books of the renowned Mujtahids or Faqihs, even if we assume that it is mentioned there for the sake of argument, it will still be weak and I say “for the sake of argument”  because the renowned Mujtahids or Faqihs do not use the weak Hadith that is agreed upon that it is weak.

I hope that this subject is completely clear to you my dear brother.


Your brother

Ata Bin Khalil Abu Al-Rashtah

6 Safar, 1438 AH
6. 11. 2016 CE

Q&A: Acting as a Defense Lawyer

Question: Is it permissible to act as a defense lawyer in our lands? A reputable professor we know of is also a well-known lawyer in the country, and even appears on television because of his reputation. He acts as a defense lawyer for oppressed clients. We would like to ask the brothers if taking on such a role is permissible. Also, does the Hukum Shari’ee differ with regards to acting as the state prosecution (prosecution, district attorney, crown attorney) versus acting as the defense? Furthermore, if the defense lawyer is convinced that his client is in the right, but he finds much difficulty in attaining the just verdict except through un-Islamic means, such as a bribe for example, is this permitted, as long as his intention is to restore the client’s rights?


Answer:

As for the role of the lawyer:

1.      It is not permissible to act as the state prosecution (prosecution, district attorney, crown attorney), since this role involves representing the state in terms of law and accusations. As long as the state does not implement Islam, representing it is not permitted and there is no excuse for a state prosecutor to undertake this work. It is Haram.

2.      It is permissible to act as a defense lawyer, as long as the focus of the work is defending the oppressed and restoring people’s Islamic rights to them. It is not permissible to defend “rights” dictated by man-made law and not set by Islamic law.

For example, if someone is thrown in prison for speaking the truth, Islam defends him and would free him from prison; therefore, the work of the defense lawyer to remove the oppression from him and free him from prison is Wajib and correct.

In another example, if someone had something stolen from him, Islam would return his stolen goods; therefore, it is permissible for the defense lawyer to represent him and return his stolen goods.

In another example, if someone sells his house for a down payment and the remainder through a payment plan, but the buyer ends up only paying the down payment and refuses to pay the remainder or denies owing it, despite the fact that he bought the house and is living in it. In this case, Islam would restore the seller’s rights from the buyer and therefore, it is permissible for the defense lawyer to represent the seller to restore the outstanding amount owing from the buyer.

Thus, the work of the defense lawyer to remove oppression and to restore Islamic rights to their owners is a correct act.

On the other hand, if the “legal right” is set by man-made law and contradicts Islamic law, then it is not permissible to defend these rights:

For example, if someone owns shares in a joint stock company (or a PLC/LLC) – which we already know is formed on a Baatil (invalid) contract – and when the time comes to distribute the dividends to the shareholders, someone notices that his share of the dividends is less than what it should be. In this case, it is not permissible to represent this client, since this “right” is set by man-made law and contradicts Islamic law. The company structure is Baatil (invalid) and everything that is produced by this company, including profits/dividends, is rejected by Islamic legislation. Therefore, it is Wajib upon the Muslim to remove himself from such a company structure.

In another example, if someone had deposited his money in a bank and was earning a set amount of interest on it, but when the bank paid out the interest amount, he found that he received less than what was owing to him of interest. In this case, it is not permissible to represent this person and restore his “rights” to him, since this “right” is set by man-made law, which permits Riba banks and contradicts Islamic law. Therefore, it is Wajib upon the Muslim to cancel this Riba contract with the bank.

Thus, the work of a defense lawyer is valid if it is for the purpose of removing oppression and restoring an established Islamic legal right to the rightful owner. In contrast, it is not permissible to work as a defense lawyer if this lawyer will fight for rights established by man-made laws that contradict Islamic legislation.

As for a defense lawyer that – according to Islamic law – takes illegal measures to restore established Islamic legal rights to their owners, such as bribery – even if his intention was to restore people’s rights through this act, this is not permissible. Bribery is Haram, regardless of whether the end goal is just or unjust. This is because Islamic evidences that forbid bribery are not based only on a legislative reasoning (‘Illah) of attempting to achieve unjust goals. These evidences are also general (‘Aam) and not specific (Khaas) to unjust goals alone. This is clear in the following texts:

It is narrated in Ahmed, Abu Dawood, Al-Tirmithi and Ibn Majah, that Abdullah bin ‘Amr (ra) said: The Messenger of Allah (saw) said: “May the curse (La’nah) of Allah be on the one bribing and the one accepting the bribe.” It was also narrated by Ahmed that Thawban said: “The Messenger of Allah (saw) cursed the one bribing, the one accepting the bribe and the Raa’ish, meaning the one who acts as a mediator between the two.” These Ahadith are general (‘Aam) and incorporate all forms of bribery, whether done with the intention of seeking justice or seeking injustice. These texts are also not based on a legislative reasoning (‘Illah) that the impermissibility of bribery is due to an intent of seeking unjust goals; the texts do not mention any sort of legislative reasoning (‘Illah) at all and such reasons (‘Illal) cannot even be derived from any other text related to the topic either.

Therefore, a defense lawyer is not permitted to bribe anyone, even if his intentions were to enable the restoration of people’s rights during – what he perceives to be – difficult circumstances otherwise.


29th of Safar, 1430 Hijri
24. 02. 2009

28.11.16

Q&A ~ The Shar’i Principles for Dealing with Rivers

بسم الله الرحمن الرحيم

The Shar’i Principles for Dealing with Rivers

Question: Are there Shar’iyah principles in respect to dealing with rivers, whether their origin to their mouth (end-point) are within the Khilafah state or they pass through the state and into another? Jazaakum Allah Khairan.

Answer: Islam has solutions for every problem that has happened, is happening or will happen in the future. That is because Allah (swt) has perfected this Deen:

﴿الْيَوْمَ أَكْمَلْتُ لَكُمْ دِينَكُمْ وَأَتْمَمْتُ عَلَيْكُمْ نِعْمَتِي وَرَضِيتُ لَكُمُ الْإِسْلَامَ دِينًا

"This day I have perfected for you your religion and completed My favour upon you and have chosen for you Islam as a Deen" [Sura Al-Maa’idah: 3]

And He Ta’Aalaa has made it obligatory upon us to refer to the Shar’a of Allah for judgment in respect to every minor and major issue. He (swt) said:

﴿وَأَنِ احْكُم بَيْنَهُم بِمَا أَنزَلَ اللَّـهُ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَا أَنزَلَ اللَّـهُ إِلَيْكَ

"And judge, [O Muhammad], between them by what Allah has revealed and do not follow their inclinations and beware of them, lest they tempt you away from some of what Allah has revealed to you" [Sura Al-Maa’idah: 49]

The word مَا (what), as is known, is from the general form (Siyagh Al-‘Umoom). Consequently, Allah (swt) has made it obligatory to rule by Islam in every matter without exception i.e. without taking parts at the expense of parts:

وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَا أَنزَلَ اللَّـهُ إِلَيْكَ﴿

"And beware of them, lest they tempt you away from some of what Allah has revealed to you".

Therefore, Allah Al-‘Azeez Al-Hakeem has not left a single problem that people will be exposed to within the life of this world except that it has been solved by Islam, by a Shar’i text or through Istinbaat (deduction) in accordance to the Usool Shar’iyah principles. Allah Ta’Aalaa created us and explained to us that which is suitable and correct for our affairs as He (swt) is Al-Lateef Al-Khabeer:

أَلَا يَعْلَمُ مَنْ خَلَقَ وَهُوَ اللَّطِيفُ الْخَبِيرُ﴿

"Does He who created not know, while He is the Subtle, the Acquainted?" [Sura Al-Mulk: 14]

For that reason, there are indeed Shar’iyah principles for dealing with rivers, equally whether they are in the Khilafah state or they pass through it and into other countries. I will mention some of these matters in a summarized manner and it will be explained in full at the time of the establishment of the Khilafah state, Inshaa Allah, the state that we supplicate to Allah to be established soon and Allah is ‘Azeezun Hakeem:

1.   The major rivers are public property (Mulkiyah ‘Aammah) and they fall under two types of the public property. From one angle, they fall under the collective amenities which are indicated to within his speech (saw):

«الْمُسْلِمُونَ شُرَكَاءُ فِي ثَلَاثٍ: فِي الْكَلَإِ، وَالْمَاءِ، وَالنَّارِ»

"The Muslims are partners in respect to three (matters): The pasture lands, water and fire" [Narrated by Abu Dawud]

They are also from the types, which by the nature of their formation, prevent individuals from exclusively taking them into their possession. That is based on the Hadeeth of Prophet (saw):

«مِنًى مُنَاخُ مَنْ سَبَقَ»

"Mina is the resting place of the one who reaches it first" [Narrated by At-Tirmidhi]

Further details can be found in the book, Funds in the Khilafah State and in the book, The Economic System in Islam to be referred to.

2.    The Muslims understood from the time of the Prophet (saw) until our current time, that the major rivers like the Tigris, Euphrates and the Nile are public property which nobody can take exclusive ownership of or exclusively attain the benefit from. The state used to enable the people to attain the benefit from the major rivers for drinking, domestic utility, feeding the livestock (which is known as Ash-Shaffah), to water the agricultural lands (which is called Ash-Shirb) and for travel and transportation… It used to undertake layout of the banks and cleaning the rivers (which is called Bakriy Al-Anhaar) so that the people could benefit from them… All of that is clear when reviewing the books of history and Islamic Fiqh… I will mention some of the Fiqhi texts that guide to the concern that the Muslims had with the subject of the major rivers so that the benefit from them can be facilitated:

- The following was mentioned in the book ‘Tuhfat ul-Fuqahaa’ by Samarqandi (deceased around 540 AH)

“… (In regards to) the major rivers like the Euphrates, the Tigris and Gihon amongst others, then no one has a right over exclusivity. Rather, they are the right of the masses. So, everyone who is able to water his lands from them, then he has the right to do that, just as he has the right to set up mills, waterwheels and what is similar to that. That is as long as it does not negatively impact the major river. If it (i.e. the usage or activity) does have a negative impact upon the river, then the person is prevented from that. In addition, the digging i.e. maintenance of the great rivers is a duty upon the authority (ruler) to undertake from the wealth of the Bait ul-Maal. That is because their benefit returns to the general public and consequently the funding of that is found within the public funds and that is the funds of the Bait ul-Maal…) End.

- The following was mentioned in the Kuwaiti Fiqhiy Encyclopedia:

Al-Karyu means: Extracting the clay (sediment) from riverbed, digging and fixing its banks. The funding of the Karyu (maintenance) and all that the river requires in terms of fixing and rectifying is taken from the Bait ul-Maal (State Treasury) of the Muslims, because it is for a general interest (Maslahah ‘Aammah). If there is nothing available within the Bait ul-Maal (treasury) then the Haakim (ruler) compels the people to restore and maintain the rivers because their refraining from that brings about a harm and because it realises the public interest…

The Karyu (maintenance) of the public rivers like the Nile, Tigris and Euphrates is the responsibility of the Sultaan (ruler/authority) to be taken from the Bait ul-Maal. That is because the benefit of the maintenance is for the Muslims in general and consequently its funding is from the Bait ul-Maal. That is due to the statement of the Prophet (saw):

«الْخَرَاجُ بِالضَّمَانِ... وَلَوْ خِيفَ مِنْ هَذِهِ الأَنْهَارِ الْغَرَقُ فَعَلَى السُّلْطَانِ إِصْلاَحُ مَسَنَاتِهَا مِنْ بَيْتِ الْمَال»

"The Kharaaj is by guarantee … and if submerging is feared from these rivers then it is the duty of the Sultaan (ruler) to fix or rectify its dams from the Bait ul-Maal".

- The following was mentioned within the book ‘Darar Al-Hukaam Fee Sharh Majallat ul-Ahkaam’:

* [(Article 1238) Non-owned public rivers]

Article (1238) – (The public non-owned rivers and these are the rivers that have not been included in Muqaasim i.e. in the runnings of the collective ownership, are also Mubaahah (permissible) like the Nile, the Tigris, Danube and Tonga Rivers). The public unownable rivers and these are the rivers that have not been included in Muqaasim i.e. in the runnings of the collective ownership, do not fall under the ownership of anyone. That is like the seas and lakes. Rather they are Mubaahah (permissible). For that reason, everyone can seek benefit through them upon the condition that it is not harmful (or detrimental) to the general public as has been explained in Article (1254). The person can open up a stream or conduit and run water from it to his land and irrigate his land, set up a mill, water scoop and water hole.

If, however, that was harmful (or detrimental) to the ‘Aammah (public), where the water overflows and ruins the rights of the people or prevents the movement of boats, then all of the people have the right to prevent it. This is relation to the rivers. As for the sea, then benefit is sought from it even if it harms. This is what Al-Quhustaani stated (clearly) and this issue will be examined in the explanation of the Articles (1263 and 1264).

In respect to these rivers, all of the people have the right to Ash-Shaffah (feeding livestock, domestic utility and drinking), whether that is harmful to the public or unharmful. In regards to the unownable public rivers like the river Nile that flows in the Egyptian region, the river Euphrates which flows in Iraq, the Tigris (Dijla) (which is read with a Kasrah on the Daal and a Fat’hah), the Shatt-ul-Arab (which is the result of the convergence of the Tigris and Euphrates), the Danube, a part of which lies in the lands of Romania, the Tunca River which is also called the Maritsa River which runs through the town of Edirne, all of these major rivers are not anyone’s property because the ownership according to Article 1249 occurs through acquirement and placing the hand over it. This acquirement and placing one’s hand over it is not possible in respect to these rivers. As long as these rivers cannot be taken possession of and acquired then they remain shared amongst the people according to Article 1234 and the right for all the people to attain benefit from it is affirmed in accordance to Article 1265 (The enlightenment and refuting the bewilderment in respect to the beginnings of Ash-Shurb and Az-Zayla’iy in respect to Ash-Shirb).

[(Article 1265) Everyone has the right to irrigate his lands from non-ownable rivers].

Article (1265) – Everyone has the right to irrigate his lands from the unownable rivers and he has the right to open up a stream or conduit to irrigate his lands and to set up a mill. However, it is stipulated that others are not harmed. For that reason, if the water overflows and is harmful to the creation or it interrupts the rivers water completely or blocks the passage of boast then that is prevented (or forbidden)).

Everyone has the right to Ash-Shirb and the right of Ash-Shaffah in respect to the unownable rivers which means that he can irrigate his lands. That is if someone has revived barren land close to the designated river. He can open up a stream or conduit and let the water run from the designated river to his land that he has revived. (The explanation of Al-Majma’ in respect to the Shirb). That is if the place that the spring has been opened up from is a property of his. It is also the right of anyone to drink the water from the designated river, to perform Wudoo’ from it, wash clothes and to open up a stream or conduit within his owned property or the barren lands from anew or in increase, to irrigate his lands and he has the right to set up a mill. This would be like when the spring has three conduits; he protects it and makes four or five conduits for it (Al-Hindiyah in the second chapter from the Shirb).

Similarly, if it was a large unownable river close to the vineyards of someone and the owner of the vineyard wanted to set up irrigation equipment upon the river to irrigate his vineyards and there was no harm to others in doing that, then the owners of the vineyards and irrigation equipment located under his vineyard have no right to prevent him from doing that through claims of it being against their consent.

And you are no doubt aware that the Majallat ul-Ahkam was applied in the Uthmani State i.e. that these mentioned Ahkam (rulings) above were applied by the state and relied upon (or adopted). All of that guides to the manner of how the Islamic state dealt with benefiting from the major rivers…

3.    If the major river was located, in its entirety from its beginning to end within the authority of the Islamic state then there are no problems in respect benefiting from its waters and travelling in them in accordance to the Shar’iyah rulings, some of which we have mentioned above… There is no harm for the river to run in many of the Wilaayat (provinces) because all of the provinces are within the authority of the state whilst their division according to specific geographic borders is only an administrative matter… If acquiring benefit of the major rivers requires arrangements being made between the different Wilaayat then the Khalifah will undertake the necessary administrative coordinative management that ensures the attainment of the benefit from the different provinces in the best and easiest manner…

4.    If the regulation of the usage of the major river and benefiting from its waters requires the state to intervene by putting down detailed regulation for that, then the state will put in place administrative systems that will organize the matters related to irrigation, movement, transport and other than that… In light of the current material technological advancements, then it is most probable that it will be the state that undertakes the organization of the irrigation, delivery of water to the houses and farms, the travel movement and transportation within the rivers… The state can place fees for the usages and benefits acquired from them upon the condition that the profits resulting from that return to the Bait ul-Maal of the Muslims within the public property revenues section.

5.     If parts of the major river flow outside of the authority of the Islamic state, then the state will convene, if necessary, bilateral agreements or treaties with the state that it is related to, in accordance to the (dictates of the) Ahkam Ash-Shar’iyah. That is in order to organize the utilization of the river without affecting the interests of the Islamic state detrimentally and it is done in accordance to the Ahkam Ash-Shar’iyah related to the public properties… If an act of aggression or hostility occurs from another state by preventing the flow of water of the major river from reaching the Islamic state or by its exploitation in a manner that harms the interests of the Muslims, then the state will take the political, economic and military measures that enable it to remove the harm brought about by the other state, even if the matter reaches the point of war against the aggressing state to take back the Haqq (right).

6.  I will draw attention to the point that throughout history, the states that are upon the shores of the major rivers did not used to prevent each other from benefiting from the waters of the major river (the international river). Indeed, all of the states located upon the rivers benefited from the rivers without that being problematic… Problems related to the international rivers did not arise until the age of western colonialism which took them as a means for colonialism and exerting political and economic pressures upon other states.

7.     The right in respect to the public property belongs to the subjects of the Islamic state and not to other states. As such, the state imposes fees upon other states’ usage of the rivers located under the authority of the Islamic state. It can also sell them its water, electricity that results from the water and what is similar to that ... It will then place the profits realized from that within the Bait ul-Maal to spend upon that which the Ahkam Ash-Shar’iyah has permitted.

8.     In respect to the organizational procedures that the state puts into place for the beneficial utilization of the major rivers; dividing its waters and organizing movement or transportation within them, it pays attention and consideration to the rivers not drying up, the flow being interrupted or impeded, the pollution of its waters or to any other harm that can befall them. Just as it makes effort directly to remove any harm that happens unintentionally… It adopts water policies characterized by justice in respect to the division of water shares (or quotas) and at the same time it is characterized in respect to preserving these water sources in the best manner possible … All of this is not detached from the economic policies and the general environment that the state sets.

9.     Attached to what has been mentioned previously is the regulation of the state of the benefit from the fishing treasure in the major rivers and enabling the people to fish and so on…

I hope that this summarized answer is sufficient… and its completed explanation will happen at its time Inshaa Allah.



Ata Bin Khalil Abu Al-Rashtah

12th Safar 1438 AH

12. 11. 2016 CE

প্রেস বিজ্ঞপ্তিঃ ধর্মনিরপেক্ষ শাসকেরা রোহিঙ্গা মুসলিমদের দুঃখ-দুর্দশা প্রত্যক্ষ করেও অন্ধের ন্যায় আচরণ করছে, রাখাইন মুসলিমদের অসহায় অবস্থা চিরতরে অবসানের একমাত্র উপায় হচ্ছে খিলাফতের সাহসী নেতৃত্ব

নং: ১৪৩৮-০২/০১                                                                রবিবার, ২০ সফর, ১৪৩৮ হিজরী                                  ২০. ১১. ২০১৬ ইং

প্রেস বিজ্ঞপ্তি

ধর্মনিরপেক্ষ শাসকেরা রোহিঙ্গা মুসলিমদের দুঃখ-দুর্দশা প্রত্যক্ষ করেও অন্ধের ন্যায় আচরণ করছে
রাখাইন মুসলিমদের অসহায় অবস্থা চিরতরে অবসানের একমাত্র উপায় হচ্ছে খিলাফতের সাহসী নেতৃত্ব

গত সপ্তাহান্তে মায়ানমারের সশস্ত্র বাহিনী রাখাইন অঞ্চলের রোহিঙ্গা মুসলিমদের উপর তাদের হামলা তীব্রতর করেছে মাসাধিক কাল ধরে সামরিক বাহিনীর সদস্যরা রাজ্যটি অবরোধ করে রেখেছে এবং গত পাঁচ দিনের ব্যবধানে তারা কমপক্ষে ১৩০ জন মানুষকে নির্মমভাবে হত্যা করেছে ও আমাদের অগণিত বোনকে ধর্ষণ করেছে। তারা হেলিকপ্টার হতে কামানের গোলা ও রকেট নিক্ষেপ করে সমগ্র গ্রামকে মাটির সঙ্গে মিশিয়ে দিচ্ছে এবং অকল্পনীয় আতঙ্কজনক পরিস্থিতির সৃষ্টি করেছে ভারী কামানে সজ্জিত সেনাবাহিনীর ছোট ছোট যুদ্ধজাহাজ হতে পলায়নরত বেসামরিক লোকদের উপর গোলা বর্ষণ করা হয়েছে, কারণ এসব অসহায় মানুষেরা নিষ্ঠুর হত্যাকান্ডের শিকার হওয়া থেকে বাঁচার চেষ্টা করেছে এবং তাদেরকে নিজ গৃহে ফিরে যেতে বাধ্য করা হচ্ছে, যাতে হেলিকপ্টার হতে নিক্ষেপিত গোলায়, কিংবা স্বংয়ক্রিয় ভারী অস্ত্রের গুলিতে বা রকেট লঞ্চারের আঘাতে হত্যা করতে সক্ষম হয় এমনকি তাদের নিষ্ঠুর অত্যাচারের কবল থেকে ছোট ছোট বাচ্চারাও রেহাই পায়নি, বরং তারা যখন রোহিঙ্গাদের ঘর-বাড়ি পুড়িয়ে দিচ্ছিল, তখন মায়ের কোল হতে শিশু সন্তানদের কেড়ে নিয়ে জলন্ত আগুনে নিক্ষেপ করেছে

অপরদিকে, বাংলাদেশে রোহিঙ্গা মুসলিমদের অনুপ্রবেশ বন্ধ করতে এবং নির্মম নির্যাতনের হাত থেকে পালিয়ে আসা এসব অসহায় মানুষদের বড় বড় দলগুলোকে জোরপূর্বক মায়ানমারে ফেরত পাঠিয়ে দিতে এই ধর্মনিরপেক্ষ আওয়ামী সরকারের সীমান্ত পুলিশ বাংলাদেশ-মায়ানমার সীমান্তের নিরাপত্তা জোরদার করেছে ফলশ্রুতিতে নিরুপায় রোহিঙ্গা মুসলিমগণ খোলা সাগরে আটকা পড়ে মর্মান্তিকভাবে দিনাতিপাত করছে অসহায় ও আতঙ্কগ্রস্ত রোহিঙ্গাদেরকে বাংলাদেশে প্রবেশ করতে না দিয়ে বিশ্বাসঘাতক হাসিনা আবারও প্রমাণ করেছে যে, ও.আই.সি সম্মেলনে মুসলিম উম্মাহ্’র বৃহত্তর ঐক্য ও ভ্রাতৃত্ব এবং ন্যায়বিচার ও সম্মিলনের মতো মহান ইসলামী মূল্যবোধসমূহ চর্চার যে আহ্বান সে জানিয়েছিল তা মুসলিমদের সাথে প্রতারণার উদ্দেশ্যে উচ্চারিত নিকৃষ্ট মিথ্যাচার ব্যতীত আর কিছুই নয়

হে বাংলাদেশের সামরিক বাহিনীর নিষ্ঠাবান অফিসারগণ! হে মহান আনসার (রাঃ) ও সালাহ্উদ্দীনের উত্তরসূরীগণ! আমরা আপনাদেরকে আহ্বান জানাই, এসব বিশ্বাসঘাতক শাসকদের বিরুদ্ধে রুখে দাঁড়ান, যারা জাতিসংঘের শান্তিরক্ষা মিশনের নামে তাদের প্রভুদের নোংরা সাম্রাজ্যবাদী স্বার্থরক্ষার কাজে আপনাদেরকে ব্যস্ত রেখেছে এবং আল্লাহর শত্রুদের নিষ্ঠুর নির্যাতনের শিকার আপনাদের মুসলিম ভাই-বোনদের নিরাপত্তা বিধানের উদ্দেশ্যে জিহাদে অবতীর্ণ হওয়া থেকে বিরত রেখেছে কাফেরদের দালাল এসব ধর্মনিরপেক্ষ শাসকদের উৎখাত করে প্রতিশ্রুত দ্বিতীয় খিলাফতে রাশেদাহ্ প্রতিষ্ঠার উদ্দেশ্যে হিযবুত তাহরীর-কে বস্তুগত সাহায্য (নুসরাহ্) প্রদানের জন্য আমরা আপনাদেরকে এই মুহুর্তে দ্রুততার সহিত অগ্রসর হওয়ার আহ্বান জানাই হে সশস্ত্র বাহিনীর অফিসারগণ! আল্লাহকে (সুবহানাহু ওয়া তা’আলা) ভয় করুন, রাখাইন মুসলিমদের দুর্দশা ও রক্তের অশ্রুকে ভয় করুন আল্লাহর (সুবহানাহু ওয়া তা’আলা) সন্তুষ্টি লাভের জন্য এগিয়ে আসুন এবং এসব জাতি-রাষ্ট্রের শাসকদেরকে মান্য করা বন্ধ করুন, কারণ তারা আল্লাহ (সুবহানাহু ওয়া তা’আলা) ক্ষমা হতে আপনাদেরকে ক্রমশ দূরে সরিয়ে নিয়ে যাচ্ছে

يَوْمَ تُقَلَّبُ وُجُوهُهُمْ فِي النَّارِ يَقُولُونَ يَا لَيْتَنَا أَطَعْنَا اللَّهَ وَأَطَعْنَا الرَّسُولَا ﴿٦٦﴾ وَقَالُوا رَبَّنَا إِنَّا أَطَعْنَا سَادَتَنَا وَكُبَرَاءَنَا فَأَضَلُّونَا السَّبِيلَا ﴿٦٧﴾

“যেদিন তাদের চেহারা দোযখের আগুনের মধ্যে ওলট-পালট করা হবে সেদিন তারা বলবেঃ হায়! আমরা যদি আল্লাহ আনুগত্য করতাম এবং রাসূলের আনুগত্য করতাম! তারা আরও বলবেঃ হে আমাদের রব! আমরা তো আনুগত্য করেছিলাম আমাদের নেতাদের এবং আমাদের প্রধানদেরঅতএব তারাই আমাদেরকে পথভ্রষ্ট করেছিল [সূরা আল-আহযাবঃ ৬৬-৬৭]


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