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27.11.13

کیا اسلام سرحدون کو تسلیم نہیں کرتا؟ Muslims and international borders

If the Hudabia peace treaty is analysed critically, the concept of borders clearly emerges.
The 2nd Caliph Omar Khattab, desired a wall between his state and Iran, so that no one could cross it. He wanted to avoid war, later he had to go for it.
Normal friendly relations with peaceful non Muslims are allowed by Quran.
http://dunya.com.pk/index.php/author/muhammad-izhar-ul-haq/2013-11-26/5134/97602424#.UpWvt9LPWgg
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12.11.13

Muslim-Non Muslim Relations: Friendship & Alliance



Taking one verse [Ayah] of Quran to use it to support some point of view is unfair. One should take all Ayas of Quran on particular subject then derive complete meaning, more over translation of Arabic with multiple meanings be kept in view.



NOW AS REGARDS TO RELATIONS WITH NON MUSLIMS INCLUDING JEWS AND CHRISTIANS THERE ARE OTHER VERSES:

لَتَجِدَنَّ أَشَدَّ النَّاسِ عَدَاوَةً لِّلَّذِينَ آمَنُوا الْيَهُودَ وَالَّذِينَ أَشْرَكُوا ۖ وَلَتَجِدَنَّ أَقْرَبَهُم مَّوَدَّةً لِّلَّذِينَ آمَنُوا الَّذِينَ قَالُوا إِنَّا نَصَارَىٰ ۚ ذَٰلِكَ بِأَنَّ مِنْهُمْ قِسِّيسِينَ وَرُهْبَانًا وَأَنَّهُمْ لَا يَسْتَكْبِرُونَ ﴿٨٢﴾

یقیناً آپ ایمان والوں کا سب سے زیاده دشمن یہودیوں اور مشرکوں کو پائیں گے اور ایمان والوں     سے سب سے زیاده دوستی کے قریب آپ یقیناً انہیں پائی
گے جو اپنے آپ کو نصاریٰ کہتے ہیں، یہ اس لئے کہ ان میں علما اور عبادت کے لئے گوشہ نشین افراد پائے جاتے ہیں اور اس وجہ سے کہ وه تکبر نہیں کرتے
(82 ) 5:82سورة المائدة

عَسَى اللَّـهُ أَن يَجْعَلَ بَيْنَكُمْ وَبَيْنَ الَّذِينَ عَادَيْتُم مِّنْهُم مَّوَدَّةً ۚ وَاللَّـهُ قَدِيرٌ ۚ وَاللَّـهُ غَفُورٌ رَّحِيمٌ ﴿٧﴾ لَّا يَنْهَاكُمُ اللَّـهُ عَنِ الَّذِينَ لَمْ يُقَاتِلُوكُمْ فِي الدِّينِ وَلَمْ يُخْرِجُوكُم مِّن دِيَارِكُمْ أَن تَبَرُّوهُمْ وَتُقْسِطُوا إِلَيْهِمْ ۚ إِنَّ اللَّـهَ يُحِبُّ الْمُقْسِطِينَ ﴿٨﴾ إِنَّمَا يَنْهَاكُمُ اللَّـهُ عَنِ الَّذِينَ قَاتَلُوكُمْ فِي الدِّينِ وَأَخْرَجُوكُم مِّن دِيَارِكُمْ وَظَاهَرُوا عَلَىٰ إِخْرَاجِكُمْ أَن تَوَلَّوْهُمْ ۚ وَمَن يَتَوَلَّهُمْ فَأُولَـٰئِكَ هُمُ الظَّالِمُونَ ﴿٩﴾

Quran 60:7-9

بعید نہیں کہ اللہ کبھی تمہارے اور اُن لوگوں کے درمیان محبت ڈال دے جن سے آج تم نے دشمنی مول لی ہے اللہ بڑی قدرت رکھتا ہے اور وہ غفور و رحیم ہے (7) اللہ تمیں اس بات سے نہیں روکتا کہ تم ان لوگوں کے ساتھ نیکی اور انصاف کا برتاؤ کرو جنہوں نے دین کے معاملہ میں تم سے جنگ نہیں کی ہے اور تمہیں تمہارے گھروں سے نہیں نکالا ہے اللہ انصاف کرنے والوں کو پسند کرتا ہے (8) وہ تمہیں جس بات سے روکتا ہے وہ تو یہ ہے کہ تم اُن لوگوں سے دوستی کرو جنہوں نے تم سے دین کے معاملہ میں جنگ کی ہے اور تمہیں تمہارے گھروں سے نکالا ہے اور تمہارے اخراج میں ایک دوسرے کی مدد کی ہے اُن سے جو لوگ دوستی کریں وہی ظالم ہیں (9

“Allah only forbids you to make friendship with those who fought you on account of your faith and drove you out of your homes and backed up others in your expulsion. Those who will take them for friends are indeed the wrongdoers”. (Qur’an;60:9).

Some translators have mixed up the meanings of Arabic verb waliya (from which the noun wali, pl. awliya‘, is derived) which need to be understood. It signifies, primarily, the nearness or closeness of one thing to another: Although the term wali, when applied to God, as well as to the relationship between one created being and another, is often used in the Qur’an in the sense of “helper”, “friend”, “protector”, “guardian“, etc., none of these secondary meanings can properly – i.e., without offending against the reverence due to God – describe man’s attitude to, or relationship with, Him. Thus, God is spoken of in the Qur’an (2:257 and 3:68) as being “near unto (wali) those who believe” Consequently, reference to the believers as awliya’ of God is best rendered as “they who are close to God”, in the sense of their being always conscious of Him. Mostly in the context of non Muslims ‘wali’ is to be understood to mean ‘protector friend’ or ‘guardian’, how some one opposed to your faith can be taken as protector or guardian?

Muslims have been cautioned against intrigue of enemies, because initially the hypocrites of Medina and Jews living around Medina, were playing double game of deception, some verses considered as discriminatory against non believers not to take them as wali, in each verse their negative behaviors is cited as the reason, which is fully understandable:

“O ye who believe! Choose not My enemy and your enemy Awliyaa [protector, friends] Do ye give them friendship when they disbelieve in that truth which hath come unto you, driving out the messenger and you because ye believe in Allah, your Lord? .”[Qur’an; 60:1]

“Let not the believers make unbelievers their awliyaa‘ [protectors, allies, friends] rather than the believers; anyone who does so will have nothing to hope for from Allah – except if you do so as a precaution to protect yourselves against their tyranny in this way. But God warns you to beware of Him: for with God is all journeys’ end.”[Qur’an; 3:28]

“Have you not seen the ones who have befriended those people who are under the wrath of Allah? They are neither on your side nor yet on theirs and they knowingly swear to falsehood.”(Qur’an;58:14).

“O you who have attained to faith! Do not take for your friends such as mock at your, faith and make a jest of it -be they from among those who have been vouchsafed revelation before your time, or [from among] those who deny the truth [of revelation as such] – but remain conscious of God, if you are [truly] believers: for, when you call to prayer, they mock at it and make a jest of it – simply because they are people who do not use their reason.” .”[Qur’an; 5:57-58]

The Faith is a fundamental matter in the lives of Muslims, their associations and friendships will naturally be with those who share their Faith. More than anything else, it obviously alludes to a “moral alliance” with the deniers of the truth: that is to say, to an adoption of their way of life in preference to the way of life of the believers, in the hope of being “honored”, or accepted as equals, by the former. Since an imitation of the way of life of confirmed unbelievers must obviously conflict with the moral principles demanded by true faith, it unavoidably leads to a gradual abandonment of those principles. In ordinary every-day affairs of business, Muslims are asked to seek the help of Believers rather than Unbelievers. Only in this way can the community be strong and united. But where there is no question of preference, or where in self-defence they have to take the assistance of those not belonging to their Faith, that is permissible.

“O believers! Take neither Jews nor Christians as your protecting friends: they are only protecting friends of one another. Whoever of you disobeys this commandment will be counted as one of them. Surely Allah does not guide the wrongdoers.” [Qur’an; 5:51].

According to most of the commentators (e.g., Tabari), this means that each of these two communities extends genuine friendship only to its own adherents – i.e., the Jews to the Jews, and the Christians to the Christians – and cannot, therefore, be expected to be really friendly towards the followers of the Qur’an. This prohibition of a “moral alliance” with non-Muslims does not constitute an injunction against normal, friendly relations with such of them as are well-disposed towards Muslims. It should be borne in mind that the term wali has several shades of meaning: “ally”, “friend”, “helper”, “protector”, etc. The particular choice depends upon context. It is gets more clear:

“It may well be that Allah will put love between you and those with whom you are now at odds because of the order which is given to you, for Allah is All-Powerful, and Allah is Oft-Forgiving, Most Merciful. Allah does not forbid you to be kind and equitable to those who had neither fought against your faith nor driven you out of your homes. In fact Allah loves the equitable.” [Qur’an; 60:7-8].

“nearest in affection to the believers are those who say: “We are Christians.” That is because among them there are men that are priests and monks, who do not behave arrogantly.” [Qur’an; 5:82].

Muslims are cautioned to take non believers as protectors, [Wali] due to the negative and hostile behaviour of most of non believers. However normal friendship and working relationship with those with affable attitude is not forbidden. While forming any opinion, especially the non Muslims are requested to keep all the verses of Qur’an on the subject in view, there is no abrogation:

“The Words of your Lord have been completed with credibility and justice; there is no way to change His Words. He is the Hearer, the Knower”[Qur’an;6:115].

ALLIANCE WITH NON MUSLIMS:

After the conquest of Mecca, the Muslims stayed in the city for two weeks when a news soon broke out that a big army had been mobilized in the valley of Hunain to attack Mecca and to undo the victory of the Muslims. This time Prophet Muhammad (pbuh) assembled a force of twelve thousand warriors, which included two thousand Meccans [some consider they converted to Islam, while other opine as not]. Prophet Muhammad (pbuh) was forced to make necessary preparations for defence. He felt the necessity of borrowing money for provisions and war supplies, therefore, according to "Masnad" (Cairo, 1895, 4th vol., p. 36) by Ahmad bin Hanbal (d. 241/855), "He took a loan of 30,000 dhirams from Abdullah bin Rabiah, a step-brother of Abu Jahl, who was very rich." He also wanted from Safwan bin Umayyah, who had not yet accepted Islam, to lend him the weapons of war. Safwan offered one hundred coats of mail together with their accessories. On 6th Shawal, 8/January 27, 630,Prophet Muhammad (pbuh) marched to Hunain to crush the powers of the four savage tribes, viz. Thaqif, Hawazin, Sa'd and Jasam .....

Messaq-e-Medina: 
It included non Muslims, pagans, Christians & Jews as citizens of city state of Mediana, within the fold of one community—the Ummah. The non-Muslims included in the ummah had the following rights:
1.The security of God is equal for all groups,
2. Non-Muslim members have equal political and cultural rights as Muslims. They will have autonomy and freedom of religion.
3. Non-Muslims will take up arms against the enemy of the Ummah and share the cost of war. There is to be no treachery between the two.
4. Non-Muslims will not be obliged to take part in religious wars of the Muslims.
Please comment or verify ......

I AM JUST A STUDENT OF QURAN AND ISLAM ... ALLAH MAY GUIDE US TO UNDERSTAND TRUE FULL MESSAGE OF QURAN AND FORGIVE OUR FAULTS..
ONLY ALLAH KNOWS THE BEST..

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4.11.13

Riba : Charging more on credit sales (Murabaha) is permissible?

Riba is translated as usuryInterest. Riba is forbidden in Islamic economic jurisprudence (fiqh) and considered as a major sin. Simply, unjust gains in trade or business, generally through exploitation. There are two types of riba discussed by Islamic jurists: an increase in capital without any services provided and speculation (Maisir), which is prohibited by the Qur'an, and commodity exchanges in unequal quantities, also prohibited in the Qur'an.
The Qur'an deals with riba in 12 verses, the word appearing eight times in total, three times in 2:275, and once in 2:276, 2:278, 3:130, 4:161 and 30:39.

Usury is the practice of making unethical or immoral monetary loans. Depending on the local laws or social mores, a loan may be considered usurious because of excessive or abusive interest rates. According to some jurisdictions and customs, simply charging any interest at all can be considered usury. Other terms used for usury or usurers include loan shark, as well as Shylock which is sometimes used with an antisemitic connotation
The Qur'an states the following on riba:
“That they took riba, though they were forbidden and that they devoured men's substance wrongfully – We have prepared for those among men who reject faith a grievous punishment (Quran 4:161)”
“Those who charge riba are in the same position as those controlled by the devil's influence. This is because they claim that riba is the same as commerce. However, God permits commerce, and prohibits riba. Thus, whoever heeds this commandment from his Lord, and refrains from riba, he may keep his past earnings, and his judgement rests with God. As for those who persist in riba, they incur Hell, wherein they abide forever (Quran 2:275)”
“God condemns riba, and blesses charities. God dislikes every disbeliever, guilty. Lo! those who believe and do good works and establish worship and pay the poor-due, their reward is with their Lord and there shall no fear come upon them neither shall they grieve. O you who believe, you shall observe God and refrain from all kinds of riba, if you are believers. If you do not, then expect a war from God and His messenger. But if you repent, you may keep your capitals, without inflicting injustice, or incurring injustice. If the debtor is unable to pay, wait for a better time. If you give up the loan as a charity, it would be better for you, if you only knew. (Quran 2:276-280)
“O you who believe, you shall not take riba, compounded over and over. Observe God, that you may succeed. (Quran 3:130)”
“And for practising riba, which was forbidden, and for consuming the people's money illicitly. We have prepared for the disbelievers among them painful retribution. (Quran 4:161)
“The riba that is practised to increase some people's wealth, does not gain anything at God. But if people give to charity, seeking God's pleasure, these are the ones who receive their reward many fold. (Quran 30:39).
Riba is mentioned in a number of hadith:
“Jabir said that Muhammad (pbuh) cursed the accepter of usury and its payer, and one who records it, and the two witnesses, and he said: They are all equal.”
“Narrated Abu: We used to be given mixed dates (from the booty) and used to sell (barter) two Sas of those dates) for one Sa (of good dates). The Prophet said (to us), "No (bartering of) two Sas for one Sa nor two Dirhams for one Dirham is permissible", (as that is a kind of usury). (See Hadith No. 405)”
“Narrated 'Umar bin Al-Khattab: Allah's Apostle said, "The bartering of gold for silver is Riba, (usury), except if it is from hand to hand and equal in amount, and wheat grain for wheat grain is usury except if it is from hand to hand and equal in amount, and dates for dates is usury except if it is from hand to hand and equal in amount, and barley for barley is usury except if it is from hand to hand and equal in amount."
“Narrated Ibn 'Umar: Muhammad said, "The selling of wheat for wheat is Riba (usury) except if it is handed from hand to hand and equal in amount. Similarly the selling of barley for barley, is Riba except if it is from hand to hand and equal in amount, and dates for dates is usury except if it is from hand to hand and equal in amount.

“Narrated Abu Hurayrah: Muhammad said: If anyone makes two transactions combined in one bargain, he should have the lesser of the two or it will involve usury.

Is charging more on credit sales legally permissible in Islam? In my opinion it is taking advantage of the person who does not have ready cash. On the other hand if the trader resorts to cash sales and has a high turn over he can make more profit. Considering this fact he charges more for foregoing his profits and blocking his cap
ital in a credit sale. The buyer pays for the opportunity cost foregone by the seller. Most of the time this is translated into the time value of money and the market interest rate for the time the payment is kept outstanding is loaded in the sale price of the product. In the above, the seller has to show benevolence in a credit sale for his Muslim brother by not charging more then the prevailing market price. Please elaborate the issue in the light of Quran and Ahadith since the Shariah Advisor's of Banks & financial institutions consider higher prices charged in a Murabaha transaction lawful and do not consider it as Riba.
Response:I have attempted to understand the point of view of these scholars, but have never been able to get convinced that inflated price in credit sale (Murabaha) is acceptable in Islam. The reasoning in this issue, as indeed in many other issues on Islam, could be understood either by giving technical or philosophical arguments. Technical arguments should positively present reasons from Qur'an and Sunnah to prove that despite the apparent similarity of Murabaha with Riba, the former has been allowed in Islam.

From whatever I have heard and read in the literature of the people who consider it legal, there is no technical argument at their disposal to make that claim. The Council of Islamic Ideology allowed Murabaha as a way of doing financial business only as a second best alternative. One can see a definite lack of conviction in their statement while proposing Murabaha. The Report says; "...it needs to be pointed out that these alternatives [i.e. Murabaha etc.] ... are no more than a second best solution from the viewpoint of an ideal Islamic system."

From the point of view of philosophical understanding of Murabaha's acceptability, we have to look into the reason why riba has been prohibited in Islam and find out whether Murabaha fares any better in that respect. The apparent reason why the Almighty has prohibited riba is that the lender demands from the borrower that he should pay back the principal amount to him plus a pre-determined interest even if he is in no position to do it. This is quite clearly showing lender's complete lack of concern for the plight of the borrower. If during the period of the loan, the borrower gets bankrupt, the lender would still demand not just the principal but interest as well. It is quite unimaginable how a humane soul can ever get into that kind of a financial arrangement.

In view of the above, when we look at the Murabaha arrangement, it appears to be completely the same. In case of Murabaha, the borrower, euphemistically the buyer, acquires an asset from the lender, the seller. Because the borrower/buyer cannot afford to purchase the asset on cash, he goes for this credit arrangement with inflated price. Call him by whatever name, the buyer/borrower is exactly in the same state of helplessness if the relevant asset gets destroyed. The lender/seller would demand from him the orgiinal spot price (principal) plus the mark up (interest/riba). His plight, like in the case of riba arrangement, would fall to deaf ears, because the 'pious' lender in this case has used the right terminology and has not given a riba-based loan but has entered into an Islamically legitimate Murabaha transaction. If your conscience is satisfied that this kind of an eye-wash is halal, please go ahead and support it. I, on my part, don't have the courage to do that.

The supporters of Murabaha present two conditions in it which they think distinguishes it, to them quite clearly, from riba. One condition they present is that unlike in the case of riba where cash or cash-like circulating asset is involved, in Murabaha a real commodity is involved. The other condition is that in Murabaha they don't allow mark-up on mark-up, where as, they believe, in riba interest on interest is also charged.

As for the condition of real asset, it really is inconsequential whether the commodity is real or unreal. The important thing is that if the commodity in question is destroyed while the borrower/buyer hasn't paid the amount, who is going to be responsible for the loss? The answer is obviously that it would be the borrower. How then is it different fro riba? What difference has the realness of the commodity caused to the transaction? What relief has been offered to the borrower/buyer?On the point that in Murabaha mark-up is charged only once and no further mark-up is charged even when the bowwower/buyer defaults, I would say that not committing a double sin doesn't make a single sin valid. It's like claiming that since General Pervez Musharraf has done many good things after assuming power therefore his military coup was legitimate. What is wrong is wrong and no amount of virtue following that wrong can make it right.

I would also like to point out that this policy of not charging mark-up on default is not even being practised by the institutions who are doing what they call Islamic banking. What they do is that they charge additional mark-up from the defaulters but don't add it to the revenues of their banks but give it on charity instead. In other words, they do charge what they themselves consider haram but give it somebody else. How could that be justified?
SOURCE: http://www.khalidzaheer.com/qa/109

Instruments of Islamic banking in operation:  http://jang.com.pk/thenews/may2008-weekly/busrev-05-05-2008/p6.htm

Non-equivalence of interest and Riba? Other Point of View.......

Elaborating the contents of verse 39 of Surah Al-Rome, Abdullah Yusuf Ali defines Riba as “any increase sought through illegal means, such as usury, bribery, profiteering, fraudulent trading, etc. All unlawful grasping of wealth at other people’s expense is condemned” as it represents Riba.

Riba is generally the outcome of the weakness, ignorance or lack of bargaining power of one transacting party which is abused by the other.

Riba pertains not only to capital but also to wage payments, rent accruals and profit charges. Under this topology, an industrialist or a landlord who pays his workers less than their “due” share of wages, a businessmen or trader who fails to pay the taxes due to him and a doctor or a lawyer who charges “abnormally high fees” are all indulgent in the practice of Riba.


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