Reliance of the Traveller: Handbook of Shari'ah was published to provide information about Islamic law, known as Shari'ah. It focuses on Reliance of the Traveller, the most widely known and accepted codification of fiqh. That post has been receiving about four hits per day for several months. I guess that interest in Shari'ah is being aroused by the controversy over proposed legislation to exclude foreign law from domestic court decisions.A lengthy anonymous comment on the post needs more attention than the comment format permits. I am therefore blogging it here with a post of its own. The comment is reproduced below, unedited. My point by point response follows below the horizontal line.
I pray that God guide you to the truth, and that the example of Jesus with his love for all, the sinner and the saint, soften your heart and lead you to see, and I pray respect the truth, and quit propaganda.
Posted by Anonymous to Islam Exposed at 5:38 PM
Jesus' teachingsInvoking Jesus to defend Islam and attack disbelievers is a common tactic to which I attach the label: AssWholliness. My supposed remoteness from the teachings of Jesus is argumentum adhominem; an irrelevant logical fallacy. The facts and opinions I utter & publish stand on their own merit, not on my own lack of divine perfection. What is the relevance of Christ's universal benevolence to a blog post about a codification of Shari'ah? None, of course; a Muslim is trying to defend the indefensible by attacking me with my own savior. There is one little problem: the attack has no merit; its malignant malarkey.
loveSearch the Qur'an for "Allah loves". I tried the Hilali & Khan translation and found seven surahs containing matches. At the risk of boring you to tears,. I present the relevant ayat, with highlighting to bring out important points and links so that you can check the context. In a few important cases, I include the context here. .
- 2:195. And spend in the Cause of Allâh (i.e. Jihâd of all kinds, etc.) and do not throw yourselves into destruction (by not spending your wealth in the Cause of Allâh), and do good. Truly, Allâh loves Al-Muhsinûn (the good-doers).
- 2:222. They ask you concerning menstruation. Say: that is an Adha (a harmful thing for a husband to have a sexual intercourse with his wife while she is having her menses), therefore keep away from women during menses and go not unto them till they have purified (from menses and have taken a bath). And when they have purified themselves, then go in unto them as Allâh has ordained for you (go in unto them in any manner as long as it is in their vagina). Truly, Allâh loves those who turn unto Him in repentance and loves those who purify themselves (by taking a bath and cleaning and washing thoroughly their private parts, bodies, for their prayers, etc.).
- 3:31. Say (O Muhammad to mankind): "If you (really) love Allâh then follow me (i.e. accept Islâmic Monotheism, follow the Qur'ân and the Sunnah), Allâh will love you and forgive you of your sins. And Allâh is Oft-Forgiving, Most Merciful."
- 3:76. Yes, whoever fulfils his pledge and fears Allâh much; verily, then Allâh loves those who are Al-Muttaqûn (the pious - see V.2:2).
- 3:134. Those who spend [in Allâh's Cause - deeds of charity, alms, etc.] in prosperity and in adversity, who repress anger, and who pardon men; verily, Allâh loves Al-Muhsinûn (the gooddoers).
- 3:146. And many a Prophet (i.e. many from amongst the Prophets) fought (in Allâh's Cause) and along with him (fought) large bands of religious learned men. But they never lost heart for that which did befall them in Allâh's Way, nor did they weaken nor degrade themselves. And Allâh loves As-Sâbirin (the patient ones, etc.).
- 3:147. And they said nothing but: "Our Lord! Forgive us our sins and our transgressions (in keeping our duties to You), establish our feet firmly, and give us victory over the disbelieving folk."
3:148. So Allâh gave them the reward of this world, and the excellent reward of the Hereafter. And Allâh loves Al-Muhsinûn (the gooddoers - see the footnote of V.3:134).
- 3:156. O you who believe! Be not like those who disbelieve (hypocrites) and who say to their brethren when they travel through the earth or go out to fight: "If they had stayed with us, they would not have died or been killed," so that Allâh may make it a cause of regret in their hearts. It is Allâh that gives life and causes death. And Allâh is AllSeer of what you do. 3:157. And if you are killed or die in the Way of Allâh, forgiveness and mercy from Allâh are far better than all that they amass (of worldly wealths, etc.). 3:158. And whether you die, or are killed, verily, unto Allâh you shall be gathered. 3:159. And by the Mercy of Allâh, you dealt with them gently. And had you been severe and harshhearted, they would have broken away from about you; so pass over (their faults), and ask (Allâh's) Forgiveness for them; and consult them in the affairs. Then when you have taken a decision, put your trust in Allâh, certainly, Allâh loves those who put their trust (in Him).
- 5:13. So because of their breach of their covenant, We cursed them, and made their hearts grow hard. They change the words from their (right) places and have abandoned a good part of the Message that was sent to them. And you will not cease to discover deceit in them, except a few of them. But forgive them, and overlook (their misdeeds). Verily, Allâh loves AlMuhsinûn (gooddoers - see V.2:112).
- 5:42. (They like to) listen to falsehood, to devour anything forbidden. So if they come to you (O Muhammad ), either judge between them, or turn away from them. If you turn away from them, they cannot hurt you in the least. And if you judge, judge with justice between them. Verily, Allâh loves those who act justly.
- 5:54. O you who believe! Whoever from among you turns back from his religion (Islâm), Allâh will bring a people whom He will love and they will love Him; humble towards the believers, stern towards the disbelievers, fighting in the Way of Allâh, and never afraid of the blame of the blamers. That is the Grace of Allâh which He bestows on whom He wills. And Allâh is AllSufficient for His creatures' needs, AllKnower.
- 5:93. Those who believe and do righteous good deeds, there is no sin on them for what they ate (in the past), if they fear Allâh (by keeping away from His forbidden things), and believe and do righteous good deeds, and again fear Allâh and believe, and once again fear Allâh and do good deeds with Ihsân (perfection). And Allâh loves the gooddoers.
- 9:3. And a declaration from Allâh and His Messenger to mankind on the greatest day (the 10th of Dhul-Hijjah - the 12th month of Islâmic calendar) that Allâh is free from (all) obligations to the Mushrikûn (see V.2:105) and so is His Messenger. So if you (Mushrikûn) repent, it is better for you, but if you turn away, then know that you cannot escape (from the Punishment of) Allâh. And give tidings (O Muhammad ) of a painful torment to those who disbelieve. 9:4. Except those of the Mushrikûn with whom you have a treaty, and who have not subsequently failed you in aught, nor have supported anyone against you. So fulfill their treaty to them to the end of their term. Surely Allâh loves Al- Mattaqûn (the pious - see V.2:2). 9:5. Then when the Sacred Months (the Ist, 7th, 11th, and 12th months of the Islâmic calendar) have passed, then kill the Mushrikûn (see V.2:105) wherever you find them, and capture them and besiege them, and prepare for them each and every ambush. But if they repent and perform As-Salât (Iqâmat-as-Salât), and give Zakât, then leave their way free. Verily, Allâh is Oft-Forgiving, Most Merciful.
- 9:7. How can there be a covenant with Allâh and with His Messenger for the Mushrikûn (polytheists, idolaters, pagans, disbelievers in the Oneness of Allâh) except those with whom you made a covenant near Al-Masjid-al-Harâm (at Makkah)? So long, as they are true to you, stand you true to them. Verily, Allâh loves Al-Muttaqûn (the pious - see V.2:2).
- 9:108. Never stand you therein. Verily, the mosque whose foundation was laid from the first day on piety is more worthy that you stand therein (to pray). In it are men who love to clean and to purify themselves. And Allâh loves those who make themselves clean and pure (i.e. who clean their private parts with dust [i.e. to be considered as soap) and water from urine and stools, after answering the call of nature].
- 49:9. And if two parties or groups among the believers fall to fighting, then make peace between them both, but if one of them rebels against the other, then fight you (all) against the one that which rebels till it complies with the Command of Allâh; then if it complies, then make reconciliation between them justly, and be equitable. Verily! Allâh loves those who are equitable.
- 60:8. Allâh does not forbid you to deal justly and kindly with those who fought not against you on account of religion and did not drive you out of your homes. Verily, Allâh loves those who deal with equity.
- 61:4. Verily, Allâh loves those who fight in His Cause in rows (ranks) as if they were a solid structure .
falsehoodsI do not knowingly utter & publish falsehoods; I expose falsehoods! There is nothing false in my post about Reliance of the Traveller.
truth and beautyIf the truth & beauty of the teachings of Islam could be crystallized, the crystal would not be sufficient to plug a mosquito's proboscis.
people of the bookJews, Christians, Zoroastrians & Sabeans are classed by Allah as disbelievers. Allah commands Muslims to wage war against them until they are converted or subjugated and extorted. The command is confirmed by confirmed by hadith and codified in Shari'ah.
the real Shariah
- Noble Qur'an
- Sahih Bukhari
- Malik's Muwatta
- Reliance of the Traveller
- Hedaya Volume I
- Hedaya Volume II
Zakat given to dhimmaThe law codified in Reliance explicitly forbids it. I will quote it again and provide a direct link to the page.
are to be reconciled. If they are non-Muslims, they
are not given zakat, but if Muslims, then they may
be given it (0: so that their certainty may increase,
or if they are recent converts to Islam and are
alienated from their kin).
Those to be reconciled include:
(1) the chief personages of a people (0: with
weak Islamic intentions) whose Islam may be
expected to improve, or whose peers may be
expected to enter Islam;
(2) or the heads of a people who collect zakat
for us from Muslims living near them who refuse
to pay it, or who fight an enemy for us at considerable
expense and trouble to themselves. hS.24 It is not permissible to give zakat to a nonMuslim,
or to someone whom one is obliged to
support (def: m12.1), such as a wife or family
Risala agrees 31.3a1
Hedaya agrees: Volume 1, Book I, Chapter VII, page 21
of it to an improper person.-IF
a person were to bestow Zakat on another.
erroneously supposing him to a proper
objeot of ~ its application, and should afterwards discover
tun to be rich or a Hashimee,
or an 1nfide1,...Zakat is considered to be fully
discharged, and no longer to remain due.-
DhimmisNobody became a Dhimmi without first being conquered or intimidated by Muslims. Islam is a protection racket. Dhimmis paid Moe to protect themselves from him, and in one case the jizya was one half of their annual crop yield. I direct the attention of doubters & dissenters to this hadith which describes Moe's orders to his commanders in the field. " If they refuse to accept Islam, demand from them the Jizya. If they agree to pay, accept it from them and hold off your hands. If they refuse to pay the tax, seek Allah's help and fight them..."
Quran, and Islamic Law forbid offensive warsThere is no al-Taqiyya more offensive that this direct deception. Offensive conquest is commanded, not forbidden! The two principle jihad imperatives make no mention of being defensive or in response to attack. Read them and their tafsirs; bring forth facts with which to prove me wrong.
- 8:38. Say to those who have disbelieved, if they cease (from disbelief) their past will be forgiven. But if they return (thereto), then the examples of those (punished) before them have already preceded (as a warning). 8:39. And fight them until there is no more Fitnah (disbelief and polytheism: i.e. worshipping others besides Allâh) and the religion (worship) will all be for Allâh Alone [in the whole of the world ]. But if they cease (worshipping others besides Allâh), then certainly, Allâh is All-Seer of what they do.
(And fight them until there is no more Fitnah...).'' Ibn `Umar said, "We did that during the time of the Messenger of Allah, when Islam was weak and the man would be tried in religion, either tormented to death or being imprisoned. When Islam became stronger and widespread, there was no more Fitnah.'' When the man realized that Ibn `Umar would not agree to what he is saying, he asked him, "What do you say about `Ali and `Uthman'' Ibn `Umar replied, "What do I say about `Ali and `Uthman! As for `Uthman, Allah has forgiven him, but you hate that Allah forgives him. As for `Ali, he is the cousin of the Messenger of Allah and his son-in-law,'' and he pointed with his hand saying, "And this is his house over there.'' Sa`id bin Jubayr said, "Ibn `Umar came to us and was asked, "What do you say about fighting during Fitnah'' Ibn `Umar said, "Do you know what Fitnah refers to Muhammad was fighting against the idolators, and at that time, attending (or residing with) the idolators was a Fitnah (trial in religion). It is nothing like what you are doing, fighting to gain leadership!'' All these narrations were collected by Al-Bukhari, may Allah the Exalted grant him His mercy. Ad-Dahhak reported that Ibn `Abbas said about the Ayah,
- O9.9 The caliph fights all other peoples until they become Muslim (O: because they are not a people with a Book, nor honored as such, and are not permitted to settle with paying the poll tax (jizya) ) (n: though according to the Hanafi school, peoples of all other religions, even idol worshippers, are permitted to live under the protection of the Islamic state if they either become Muslim or agree to pay the poll tax, the sole exceptions to which are apostates from Islam and idol worshippers who are Arabs, neither of whom has any choice but becoming Muslim (al-Hidaya sharh Bidaya al-mubtadi' (y21), 6.48-49) ).
- 9:29. Fight against those who (1) believe not in Allâh, (2) nor in the Last Day, (3) nor forbid that which has been forbidden by Allâh and His Messenger (4) and those who acknowledge not the religion of truth (i.e. Islâm) among the people of the Scripture (Jews and Christians), until they pay the Jizyah with willing submission, and feel themselves subdued.
- The Order to fight People of the Scriptures until They give the Jizyah
- This honorable Ayah was revealed with the order to fight the People of the Book, after the pagans were defeated, the people entered Allah's religion in large numbers, and the Arabian Peninsula was secured under the Muslims' control. Allah commanded His Messenger to fight the People of the Scriptures, Jews and Christians, on the ninth year of Hijrah, and he prepared his army to fight the Romans and called the people to Jihad announcing his intent and destination.
- O9.8: The Objectives of Jihad The caliph (o25) makes war upon Jews, Christians, and Zoroastrians (N: provided he has first invited them to enter Islam in faith and practice, and if they will not, then invited them to enter the social order of Islam by paying the non-Muslim poll tax (jizya, def: o11.4) -which is the significance of their paying it, not the money itself-while remaining in their ancestral religions) (O: and the war continues) until they become Muslim or else pay the non-Muslim poll tax (O: in accordance with the word of Allah Most High, "Fight those who do not believe in Allah and the Last Day and who forbid not what Allah and His messenger have forbidden-who do not practice the religion of truth, being of those who have been given the Book-until they pay the poll tax out of hand and are humbled" (Koran 9.29), the time and place for which is before the final descent of Jesus (upon whom be peace). After his final coming, nothing but Islam will be accepted from them, for taking the poll tax is only effective until Jesus' descent (upon him and our Prophet be peace), which is the divinely revealed law of Muhammad. The coming of Jesus does not entail a separate divinely revealed law, for he will rule by the law of Muhammad. As for the Prophet's saying (Allah bless him and give him peace), "I am the last, there will be no prophet after me," this does not contradict the final coming of Jesus (upon whom be peace), since he will not rule according to the Evangel, but as a follower of our Prophet (Allah bless him and give him peace) ).
- The Order to fight People of the Scriptures until They give the Jizyah
O9.1: The Obligatory Character of Jihad
Jihad is a communal obligation (def: c3.2). When enough people perform it to successfully accomplish it, it is no longer obligatory upon others (O: the evidence for which is the Prophet's saying (Allah bless him and give him peace),
"He who provides the equipment for a soldier in jihad has himself performed jihad,"
and Allah Most High having said:
"Those of the believers who are unhurt but sit behind are not equal to those who fight in Allah's path with their property and lives. Allah has preferred those who fight with their property and lives a whole degree above those who sit behind. And to each, Allah has promised great good" (Koran 4:95).
If none of those concerned perform jihad, and it does not happen at all, then everyone who is aware that it is obligatory is guilty of sin, if there was a possibility of having performed it. In the time of the Prophet (Allah bless him and give him peace) jihad was a communal obligation after his emigration (hijra) to Medina. As for subsequent times, there are two possible states in respect to non-Muslims.
The first is when they are in their own countries, in which case jihad (def: o9.8) is a communal obligation, and this is what our author is speaking of when he says, "Jihad is a communal obligation," meaning upon the Muslims each year.
The second state is when non-Muslims invade a Muslim country or near to one, in which case jihad is personally obligatory (def: c3.2) upon the inhabitants
"Fight them"! "I am ordered to fight"! "The caliph makes war; fights all other peoples"! I will pile on the evidence: from Hedaya, Volume II, Book IX, Chapter 1.
- The destruction of the sword is incurred by infidels, although they be not the first aggressors, as appears from various passages in the sacred writings which are generally received this effect.
- War must be carried on against the Infidels, at all times, by some party of the Muslims (Page 140)