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Important Links
Misuse of Taqlid & Ijtihad :2 Extreme Views by Jahil Maulvies & Modernist So Called Intellectuals
its the right of “State” to declare Jihad or War
Constitution of Madina [The First ever Written Constitution for Humanity]
On the third and final day of the famous three day annual anti-terror camp Al-hidayah at the University of Warwick , the founder of Minhaj-ul-Quran International , Dr Muhammad Tahir-ul-Qadri addressed around 1400 Muslim youngsters from UK, USA and other European countries with the aim to de-radicalize and spiritualize them.
Speaking under the topic “Constitutions for humanity”, Shaykh-ul-Islam said “Today’s talk will be based on the first Islamic written constitution given by holy Prophet Mohammed (SAW) to the world. The world “Islam” is derived from the root word “Silm” or “Salama” which means to provide peace and security, any act which is against peace and security of the humanity irrespective of religion, race and color is considered to un-Islamic or anti-Islamic. Holy Prophet’s (SAW) migration from Makkah to Madina is one of the best examples to understand the importance of peace in the religion of Islam. After the first pledge of allegiance which took place at mina between the twelve people of Madina who came to embrace Islam and holy Prophet (SAW), holy Prophet (SAW) declared them as his representatives to Madina and gave the first sermon of Islam to them, in order to introduce the religion to the people of Madina. This sermon is stated in several books of Islamic history by multiple authorities of Islam and it’s unanimously accepted undoubtedly, it consists of seven points which are stated as follows”.
- To be faithful and obedient to almighty Allah (SWT).
- After embracing Islam, there should not be any kind of theft in your life.
- Commitment of adultery or any kind of sexual abuse is unacceptable in Islam.
- No human beings can be killed.
- No placing of false allegations against anybody.
- No backbiting for anybody.
- Practice every good and abstain from every evil.
(Ref: Ibn Hisham, as-Sirat-un-Nabawiyyah, vol : 2, pg : 281)
After quoting the seven aspects of the first sermon of Islam by holy Prophet (SAW), Shaykh-ul-Islam said “among the seven aspects only one aspect talks about the faith and all the other six aspects emphasizes on reforming and refining the moral behavior of human life, these aspects aims at protecting us from all kinds of social crimes and they are secular in nature. Holy Prophet (SAW) gave his first official public lecture after migration to Madina (as he (SAW) and his companions were tortured and forced by the people of Makkah to migrate) on the first Friday at Mosque of Jum’a while he (SAW) was travelling from Quba to Madina. He (SAW) said
- “Worship almighty Allah (SWT)
- You should be truthful in your life.
- Love everyone in your society.
- Fulfill the promises and commitments you make.
- Differentiate between lawful and unlawful in your life.
- To behave in a good manner with others”.
(Ref: Ibn Hisham, as-Sirat-un-Nabawiyyah, vol : 3, p: 30)
Now, holy Prophet (PBUH), after being tortured and forced by the Makkans to migrate, did not mention about any kind of revenge from the people of Makkah but instead he (SAW) talked about spreading love, peace and humanity among the people of Madina”.
Shaykh-ul-Islam said “the first written constitution of Islamic State of Madina was drafted by holy Prophet (SAW). He (SAW) declared his written constitution to the people of Madina which include Muslims who migrated from Makkah, local Muslims, Jewish people living in Madina, other non-Muslims and their non-Muslim allied tribes. This written constitution provided Madanian society with the concept of devolution of powers, which later became the practical foundation of democracy. It provided moderate and balanced aptitude towards all communities living in the society and gave the idea of a geographical nation for the first time in the history, which included all faiths and cultures together in a single nation. The rule of law emerged out of this constitution. It gives the concept of respecting the local customary laws of all tribes and religions living in the society. It guarantees Protection of human rights, women rights, social rights, cultural rights, religious freedom, and rights of minorities living in the state. The text of this written constitution consists of 47 articles compiled by Dr.Hamid Ullah who lives in Paris. He compiled these articles using various original Islamic souses. Then by grace of almighty Allah I further divided and categorized these articles into sixty three constitutional articles. The book is published in the name of “The first written Constitution of Islamic State of Madian”. This written constitution declares Madina as a sate of peace and security, free from every kind of violence and terrorism”. The first three articles of this written constitution are stated as follows:
Article 1. Constitutional Document
This is a constitutional document given by Muhammad (SAW), the prophet, (Messenger of God).
Article 2 Constitutional Subjects of the State
(This shall be a pact) between the Muslims of Quraysh, the people of Yathrib ( the Citizens of Madina) and those who shall follow them and become attached to them (politically) and fight along with them. ( All these communities shall be the constitutional subjects of the state.)
Article 3 Formation of the Constitutional Nationality
The aforementioned communities shall formulate a Constitutional Unity as distinct from (other) people.
(Ref: Qasim bin Salam, Kitab-al-Amwal, p: 166)
Shaykh-ul-Islam said “the second article of the first written constitution of Madina combines the Muslims and non-Muslims (Jews and their allies) together in a single nation. Holy Prophet (SAW) did not exclude the non-Muslims minorities because he was unanimously accepted as head of the state. He (SAW) said in the third article “today, all Muslims and non-Muslims of Madina are forming a constitutional state under this written constitution.” A whole chapter of holy Quran mentions about the religious freedom. It can be stated as follows:
- 109: 1. Say: ‘O disbelievers!
- 109: 2. I do not worship those (idols) that you worship.
- 109: 3. Nor do you worship (the Lord) Whom I worship.
- 109: 4. I shall never (ever) worship those (idols) that you worship.
- 109: 5. Nor shall you (ever) worship (the Lord) Whom I worship.
- 109: 6. (So) you have your Din (Religion) and I have my Din (Religion).’
These Quranic verses were transformed by holy Prophet (SAW) into a practical constitutional concept and it is mentioned in the article thirty of the constitution of Madina which is stated as follows”:
Article No. 30 Guarantee of freedom of religion for both the Muslims and non-Muslim minorities ( the Jews)
The Jews of Banu Awf (non-Muslim minorities) shall be considered a community along with the believers. They shall be guaranteed the right of religious freedom along with the Muslims. The right shall be conferred on their associates as well as themselves except those who are guilty of oppression or the violators of treaties. They will bring evil only on themselves and their family.
He said “In the same way article forty nine talks about prohibition of fighting and bloodshed and it can be stated as follows:
Article No. 49 Prohibition of Fighting and bloodshed among the various communities of the state.
The valley of Yathrib is sacred and there shall be prohibition of fighting and bloodshed among the various communities of the state.
Holy Prophet (SAW) does not guarantee any protection for traitors, oppressors, militants and terrorist. It is mentioned in article sixty one that
Article No. 61 No traitor or oppressor shall have the right of protection under this document.
Verily, this constitutional document shall not protect any traitor or oppressor or terrorist.
In article sixty two, holy Prophet (SAW) guarantee’s protection for all peaceful citizens of Madina irrespective of their religion, culture and race. It is stated as follows:
Article No. 62 All peaceful citizens would be in a save and secure protection.
Verily, whoever goes out ( on a military expedition) shall be provided with security and whoever stays in Madina shall have (likewise), except those who commit oppression and violate the contents of this constitution.
(Ref: Qasim bin Salam, Kitab-al-Amwal, p: 264)
In the same way the final article says
Article No. 63 Allah and his Prophet Muhammad (SAW) are the protectors of the peaceful citizens of Madina who abide by the constitution.
Verily, Allah and the Prophet Muhammad (SAW) , the Messenger of God, are the protectors of good citizens and of those who fear from Allah.”
He said “Holy Prophet (SAW) introduced the fundamental human rights through the holy Quran, his Sunnah and through implementation of his policies in the form of the written constitution of Madina. Holy Quran mentions about the right of protection of life of human beings irrespective of religion, race, culture and color, which is stated as follows:”
5:32 “whoever killed a person (unjustly), except as a punishment for murder or for (spreading) disorder in the land (i.e. punishment for bloodshed and robbery etc.), it would be as if he killed all the people (of society); and whoever (saved him from unjust murder and) made him survive, it would be as if he saved the lives of all the people (of society; i.e. he rescued the collective system of human life)”
(Ref: chapter: 5 and verse: 32)
Shaykh-ul-Islam said “holy Prophet (SAW) not only gave rights to living humans (through his constitution) but also to the dead bodies. It is mentioned in Sahi Bukhari that once holy Prophet (SAW) stood up in respect of a dead body which was passing in front of him. Somebody informed him that “O holy Prophet (SAW), this is the funeral of a Jew”, holy Prophet (SAW) got angry on him and said “Is Jew not a human?, I am standing in respect of a human body.”
(Ref: Bukhari, as-Sahih, vol.1, p.441, #1249)
Holy Quran also mentions about the right of privacy in chapter # 24 by saying
24:27. “O Believers! Do not enter houses other than your own until you obtain their permission. And greet their residents (immediately after you enter). This (advice) is better for you so that you may contemplate (its rationale). “
He said “In the same way holy Prophet (SAW) guaranteed the right of security and the right of equality to human society. Holy Prophet (SAW) also provided constitutional guarantee of legal equality and legal justice in Islam, without mentioning of any religion culture and race, it comes in holy Quran that:”
4:58. “Surely, Allah commands you to entrust the belongings to those who are worthy of them; and when you judge matters among people, give judgment with justice. What an excellent advice Allah gives you! Surely, Allah is All-Hearing, All-Seeing. “
All these rights were given by Islam to the world fifteen centuries ago when there was no concept of justice and human dignity.
He said “In the ten years of Madinan life, when holy Prophet (SAW) was head of the state, up till the conquest of Makkah, no war was fought on the borders of Makkah, each and every war was fought either on the borders of Madina or closer to Madina. All the wars were imposed on Madina by the non-believers of Makkah.”
- First war of Bad’r was fought closer to the border of Madina and it was a defensive war.
- War of Uhad was fought on the border of Madina, just two miles away from the state.
- The war of trench was also fought on the border of Madina, when trench was prepared in order to defend the city of Madina.
None of the wars were initiated by the Prophet (SAW) of Islam, holy Prophet (SAW) only defended the people of Madina and each time wars were imposed on him by the Makkans.
Shaykh-ul-Islam Dr. Muhammad Tahir-ul-Qadri said “finally, let us understand the conduct of holy Prophet (PBUH) with his enemies. It is mentioned in many books of Hadith and history that “When people of Makkah tortured and forced the holy Prophet (SAW) and his companions (ra) to leave Makkah, he (PBUH) migrated to Medina along with his companions. The Mekkan’s (people of Makkah) were continuously attacking and imposing wars on the Prophet (SAW) and his companions in Medinan life. Finally, when Makkah was conquered by the Islamic army under the leadership of holy Prophet (PBUH), after eight years of continuous violence from the Makkan’s side, at that time one of the companions Saad bin Ubada (ra) said that “this is the day of revenge, O kuffar of Makkah”. Abu Sufiyan, the leader of Makkan’s came to holy Prophet (PBUH) and complaint that “O Prophet of mercy (PBUH), your companion is saying that he would take revenge from us”. Holy Prophet (PBUH) stood up in an angry mood and replied to the comment of Saad bin Ubada by saying “no, this is the day of forgiveness and mercy”. He (PBUH) further declared that “anybody enters the house of Abu Sufyan is secured, anybody who disarms himself is secured and anybody who shuts his door is secured”. Prophet (PBUH) said in another Hadith that “If a person kills a non-Muslim citizen, almighty Allah will forbid the Heaven on him”. He (PBUH) said in another Hadith that “the killer of a non-Muslim will never smell the fragrance of Heaven.”
The lecture ended with Q & A session followed by recitation of holy Quran and Nasheed by Hammad Mustafa al-Madini (Grandson of Shaykh-ul-Islam), in his melodious voice. The special guests asked several questions in the Q & A session regarding Islam and were totally satisfied and convinced by the answers given by Shaykh-ul-Islam.
Misuse of Blasphemy Law against Muslims & Pakistani Christians
let me explain ,you know the law are of two kind one is the substantive aspect of law and other is procedural and adjective aspect of law when we talk of law of blasphemy there is nothing wrong as far as substantive law is concerned ,i as a student of law ,i have been a professor of law through out my Carrier there is nothing wrong in substantive aspect of the law, all wrong when you use the word misuse it makes the case clear ,the wrong which we see is an adjective and procedural aspect of the law and in this matter not only the Christian brothers are being affected by the law but poor mulims are also being affected, this law is not against christian community, this is the matter of corrupt police officers ,the problem is that corrupt police officers they are used to take bribes, then this is the matter of wrong registration of case against anyone they don’t consider case only against the Christians but they are registering the case against poor Muslim people also,under the pressure of land lords under the pressures of MNAs, under the pressure of influential political figures, they register the case of theft against the people ,this is the misuse of law of theft ,they register the case if fornication against people this is the misuse of adultery ,they always register the wrong case of every thing there are hundreds or thousands of cases being registered in police station every day every poor person and every weak person, so every law is being misused weather in its original sense it was correct or Wrong ,every single law is being misused ,even Constitution is being misused by military dictators and they take over the charge,the political influential people always misuse the laws because there is no proper admiration of justice and people working as police officers are not like those who are the like British society or western society ,there is hell of difference between Pakistani police officers and British police officers ,so the basic thing is to stop the misuse of law ,there is no problem with the law itself ,some amendments according to me are necessarily required in procedural law ,i support that very police officers in police station should not be allowed to register the case against any non-Muslim any law of blasphemy ,this authority should be given to single magistrate in the district or in a Tehsil ,and after full scrutiny the case should be after full scrutiny and investigation should be lanced and police officers should not be authorized to trail or to investigate the cases,the men of integrity from magistrate and judges they should be authorized to trail the case so that they are also save and the same kind of administration of justice should be applied to the other poor community of Muslims Pakistanis society -This is matter of corruption not matter of Religion .
Dar al-Harb (House of war) & Dar al-Islam (House of Islam)
What are Divisions of the world in Islam ? What is the true meaning of Dar al-Harb & Dar al-Islam ?
Regarding division of this world, which is again a very wrong pretext which is taken by terrorists and extremists people they have been giving very wrong concept they misuse Islamic terms on wrong places and consider whole non Muslim world as dar al-harb ,but what to talk of non Muslim countries they consider Muslims countries have already been turned in to dar al-harb that’s why they are fighting war against Pakistan. Islam says even if there is corrupt government , in any country even then you can not take arms against them ,you have peaceful means to change the government ,my last chapter of fatwa deals with this topic – what are the peaceful means? democratic means constitutional means peaceful means- enter in to the process get integrated with the society and work peacefully to change the situation as every civilized society is doing no body is allowed in any case even they are corrupt ,
first of let me clear that this categorization dar al Islam and dar al-harb.. i have categorized this in to five – some old jurist used to categorize it into two some made it into three,i have categorize it into five .first of all lets say this is not a textual matter division of world and countries is not mentioned in Quran ic text or Holy Prophet Hadiths.this is an Ijtehadi matter which has been derived by the Islamic jurists on the basis of Quran and Sunnah
so there are five abodes according to Islamic teaching which can be derived juridically .
1.Dar al-Islam (House of Islam)
Dar al Islam means land of peace abode of peace and not abode of the laws of Islam-again this is a confusion .Imam Abu Hanfia ,Shams ul Aima Imam Sirkhasee ,Imam Tahavi,Imam Ibn al-Qayam ,Allama Ibn e Tamyia ,Aaima of Fiqh of Shafi.Imam Maliki,Imam Hanble all four Sunni schools even the Jafari Schools all are agreed upon this idea ..majority of them say if a country is ruled by Muslims there are three conditions and people living there Muslims or non Muslims they are getting peace security and law of kufar/Shirk is not the constitution of that land, even a single law of sharia is enforced ,all other laws of Islamic sharia are not enforced ,even then that land is known to be the land of peace dar al-islam.and aima of fiqh say that the reason why this is known is dar al Islam they say its not because of ain ul islam-laws of Shriah but because of Salaam thats why those countries will be called as abode of islam. if peace is guarantied ,cultural freedom,religious freedom,life honor property business, all human rights they are guarantied protected and there is no fear of there life so because of that guarantied peace which is known as Salaam, and word Islam has been originated from salam thats why its known as abode of peace as dar a-islam .so in the light of all aima and jurists and all western countries even you may not mention any country including USA UK and other western countries where Muslim and non Muslims are not getting guarantied peace in there life ,the Muslims are allowed to build there mosque -religion is free,they allow big Islamic centers ,they allow to do Islamic research ,and big gatherings . just 2 weeks before i was addressing a conference of Muslims 50000 people were there at GPU , you are allowed in London and i can mention and challenge that there are some Islamic countries where this kind of Islamic gathering is not allowed ! you are not allowed to arrange 5000 people together .this much freedom is given to you. you are allowed to go for haj umrah your charity zakart your fast every thing you are free to do everything so if u are getting all freedoms so if you are getting all rights which u can not get even in some Muslim countries so still is there any room to say that these countries are dar-al-Harb ? i guarantee all these countries are almost similar to dar-al-islam and i have no hesitation to say it as dar al islam if it is not misunderstood.
2. Dar al-Harb (House of war)
Dar al-Harb دار الحرب “house of war”is only that country which is at war on you ,when two nations are fighting with each other one to one ,and even two countries are fighting then even you cant attack non combatant civilian population war is between armies not between civilians people. that’s totally harm to attack civilians, Prophet Muhammad guarantied them is Islam so this is the position of dar al harb.
3.Dar al-Sulh
abode of conciliation if two countries are at war or they were going to start war ,or before the war started or during the fight ,one country surrender and enter into a peace ,so before war started if they finish the warfare on a particular condition ,so that particular condition which makes that country dar al-sulh the country of conciliation as the laws of country of conciliation is same as laws of dar-al-Islam
4. Dar al-’Ahd (House of truce)
Dar al-’Ahd دار العهد house of treaty where there is permanent because sulh is conditional it can be stipurated period for 10 years or 5 years as in case of Hudabiya but dar ul Al-Ahd if u enter into a permanent everlasting or long time treaty of peace then it is known as dar-al-Ahd ,so if it is dar-al-ahd every person belonging to that country is Moahad weather he lives there or live in Muslim country individual can also be a Moahad so this is dar-ul-ahad so this is dar-al-ahd abode of treaty -and people of abode of treaty enjoy the same rights as the people of dar-al-Islam
5. Dar al-Hiayad
the basic original relationship between Muslims and non Muslims is it Sulh ?answer is no then is it treaty ? answer is no. is ist hostility answer is no.so then what is the original relationship? its is neutrality which is known as al Muhayada dar-al hayad- it is neither al muslama nor al-muslaha nor al-musadaqa nor al-muharba its neutral al-muhayada
all states Muslims or non Muslim were originally neutral to each other then there further relationship created fights if they decided to become friends its known as dar-al-Sulh or if they decided to fight each other then it became dar-al-harb and if they decided to remain neutral then its known a s dar-al-mohayada
so this is the condition of whole world so whole world is dar al islam similar to dar al islam except if two countries are fighting with each other that particular area or the whole world non muslim or Muslim is dar al-Ahad because of UNO. according to UNO all nationals have entered into treaty of peace mutual peace through UNQ by being member of this organization ,so every body is bound to this charter of UNO,so its obligation to maintain peace- to live an let live others with peace so in fact this is Islamic law Quranic Law ..because of this ahad International treaty now every country who is part of uno has become part of dar al-ahad.and Quran says if there is dar -al ahad u cant take life of any person . this is like taking life of Muslims ,so just quoting dar al-harb i have already mentioned if some one attacks on you u cant initiate the war ,not in order to make them Muslims there is no coercion absolutely no coercion on peoples to make other Muslims,Full Sorah al-kafiroon was reveled on the subject of the freedom of religion
1. Say: ‘O disbelievers! . I do not worship those (idols) that you worship. Nor do you worship (the Lord) Whom I worship. I shall never (ever) worship those (idols) that you worship. Nor shall you (ever) worship (the Lord) Whom I worship. (So) you have your Din (Religion) and I have my Din (Religion).’
so this a gaurante for freedom of religion given by Islam.
so dar al-Harb if somebody attacks you, and dar-al-Ahd
An-Nisa Verse No.90.
But (do not kill) those who have allied with a people between you and whom there is a (peace) treaty, or who (losing heart) come to you in such a state that their breasts are afflicted (with this obsession) whether they should fight you or their own people. If Allah had so willed, He (strengthening their hearts) would have given them supremacy over you. Then they would certainly have fought you. So if they keep away from you and do not fight you and send you (a message) for peace, then (in the interest of peace) Allah has left no way open for you (to launch any aggression) against them.
and the same thing which i have stated regarding dar-al-moahida in the same verse 90 of Sorah Nisa.
Capital Punishment Awarded to a Muslim for Murdering a Non-Muslim