Answers

Greetings of peace

Shariah law - Law of God.. There is no better law than the law of Allmighty God.

If the Shariah law was implemented fully and implemented in the world today it would be at ease, unfortunate it is that it's not implemented fully and correctly. Yes, it would be considered a shariah state, but at the moment no land is fully considered a shariah state.

I hope someone can post up a better reply to you inshaa'Allaah - God Willingly.

I asked someone and they told me this

If a state upholds Shariah, then the leader, according to Shariah, must declare himself khalifah and all the Muslims in the world must give him vow of allegiance. According to Shariah, Muslims cannot live without a leader (khalifah).

format_quote Originally Posted by Novice

Must there be a caliphate in order for a country to be considered a shariah state? I know there are many issues that Shariah is concerned with (economics, social issues, etc), but I was wondering that if all these were correctly implemented in a certain country (void of a caliphate, of course), would that country be considered a shariah state?

caliph means something along the lines of vicegerent/manager/caretaker/representative/ambassador.
it is an accepted person who establishes the rulership of God on earth and implements those rules.

Behold, your Lord said to the angels:
"I will create a vicegerent on earth."
Quran 2:30

it can also be seen in this prayer attributed to the Prophet Jesus (pbuh):

After this manner therefore pray ye:

Our Father which art in heaven,
Hallowed be thy name.
Thy kingdom come,
Thy will be done in earth,
as it is in heaven.
Give us this day our daily bread.
And forgive us our debts, as we forgive our debtors.
And lead us not into temptation, but deliver us from evil:
For thine is the kingdom,
and the power, and the glory, for ever.
Amen
Matthew 6:9-13

It allows for the leaders to make laws within it's spirit - but not to break any of the eternal laws and rule on their whim and to take the position of ultimate Ruler - which only belongs to God. for example - neither the Caliph - nor a unanimous vote can change the laws on incest.
a constitutional republic.

This is a duty as a Muslim that Almighty God will account us for as the Prophet (peace be upon him) said
“……and whoever dies without the pledge of allegiance to a Caliph on his neck, dies the death of the days of jahilliya (ignorance)”
[Recorded in Sahih Muslim]

so a state in ignorance would not be considered a full shariah state.

Can you explain the jizya/zakat? What is the historical backround around it? Who is eligible to pay and are there exceptions for some under certain conditions?

the zakat is a 2.5% due on savings and not earnings - i.e that left over after expenditure is met.
The Holy Qur'an (Sura Al-Tauba: 60) classifies the due recipients of zakat under the following eight categories.

"Zakat is for the poor, and the needy and those who are employed to administer and collect it, and the new converts, and for those who are in bondage, and in debt and service of the cause of Allah, and for the wayfarers, a duty ordained by Allah, and Allah is the All-Knowing, the Wise".

Zakah can only be distributed to any of the eight eligible beneficiaries (asnaf) that are mentioned in the Qur'an, At Taubah: 60. However, priority should be given to the poor and needy. Where there is no central authority to administer zakah, it can be paid directly to the needy.

"Alms are for the poor and the needy, and those employed to administer the (funds); for those whose hearts have been (recently) reconciled (to the truth); for those in bondage and in debt; in the cause of Allah; and for the wayfarer: (thus is it) ordained by Allah, and Allah is full of knowledge and wisdom." At Taubah : 60

1. The poor (Faqir/Fuqara)
   Those without any means of livelihood and material possessions.
2. The needy (Miskeen)
   Those without sufficient means of livelihood to meet their basic necessities. For instance, those who, although may have a job, a house and a car, but whose income is below the minimum requirement.
3. The administrators of zakah (Amil)
   Those appointed to manage and administer zakah. This category is sub-divided into the following categories:
   1. Group of people who go out to the society and determine those who fall Fuqara and Miskeen categories.
   2. Those who collect the Zakah money.
   3. The accountant of the Zakah money.
   4. The administrator, manager, clerical worker or secretary who puts the files in order.
   5. Those who handle Zakah distributions.
   6. The auditor who audits overall Zakah management and administration.
4. The sympathisers (Muallaf)
   Those who are inclined to enter or have already converted to Islam.
5. To free slaves (Riqab)
   Zakah can also be used to free slaves or captives.
6. Those who are in debt (Gharimin)
   Zakah can be used to pay off the debts of a person who has borrowed to pay for basic necessities so that he/she can lead a normal life. Zakah can also be distributed to those in financial difficulties e.g. bankruptcy due to the loss of employment and heavy debt.
7. For the cause of Allah (Fisabillillah)
   Zakah can be used to finance any form of struggle or work for the love of Allah. The following examples fall under this category, e.g. Da'wah; building & developing society's infrastructure; defending Islam, who are being oppressed; assisting poor travellers and sponsoring a student's educational expenses.
8. Those who are stranded during a journey (Ibnus Sabil)
   Zakah can also be used to help a traveller facing difficulties in continuing his journey due to reasons such as loss of money or the break down of his vehicles, the repair of which he cannot afford.

find more here: http://www.islamic-world.net/economics/zakah.htm

the jizya is a tax which non-Muslims living in Muslim lands pay to the leadership which goes towards the administration costs of the Islamic state.
In return - they are entitled to full protection from all enemies - foreign and domestic.

In his message to the people of Al-Hirah, Khalid bin Walid is recorded as saying (in reference to the jizya),
"When a person is too old to work or suffers a handicap, or when he falls into poverty,
he is free from the dues of the poll tax;
his sustenance is provided by the Muslim Exchequer."

It is also recorded that Caliph Umar saw an elderly Jewish man begging, he asked of his condition and said to him,
"Old man! We have not done justice to you.
In your youth we realized Jizyah from you and have left you to fend for yourself in your old age".
Holding him by the hand, he led him to his own house, and preparing food with his own hands fed him
and issued orders to the treasurer of the Bait-al-mal (the treasury) that that old man and all others like him,
should be regularly doled out a daily allowance which should suffice for them and their dependents.

The protection of the dhimmi is the responsibility of the Muslims. The dhimmi are not obliged to join the army and fight to defend the Islamic State. Ibn Hazm said that one of the rights of the People of Covenant is that if Dar ul Islam is attacked and the People of the Covenant reside in that part of the land then Muslims have to die to defend them. Any leniency in this regard would be leniency in the rights of the People of Dhimma. If they choose to, non-Muslims can be part of the Islamic army and be paid a wage for this. But they are not allowed to hold positions of authority within the army.


A letter attributed to Khalid bin Walid read:
"This is a letter from Khalid ibn al-Waleed to Saluba ibn Nastuna and his people;
I agreed with you on al-jezyah and protection. As long as we protect you we have the right in al-jezyah, otherwise we have none.”

Abu Yusuf gives the following report:
After getting on peaceful terms with the people of Syria and collecting the dues of the Jizya and the Kharaj, news reached Abu ‘Ubeida that the Byzantines had amassed their troops to attack him. The effect of this was great on Abu ‘Ubeida and the Muslims. He sent messages to the rulers of cities with whose citizens he had made peace, asking them to return to their subjects the paid dues of the Jizya and Kharaj with an instruction to tell them: ‘We hereby return to you the money you have paid us, because of the news of the enemy troops amassed to attack us, but, if God grants us victory against the enemy, we will keep up to the promise and covenant between us.’ When this was delivered to the dhimmis and their money returned to them, they told the Muslims: ‘May God bring you back to us and grant you victory over them!’

this levy according to the prophetic narrations will however be abolished with the coming of Jesus son of Mary (pbuh) who shall arrive at a time of extreme tyranny from a Godless order which is killing without cause and plundering the earth, and taxing people through usury and other means until they are in extreme poverty, he will defeat them and then accept no other way of life than submission to the will of Almighty God.
this may seem extreme to you now - but will seem totally normal after experiencing the tyranny, usury and taxation of the global order.

Just to add, Jizya is binding only on the men, so women and children don't have to pay the Jizya. Basically it is a tax for protection. If an Islamic State is invaded, the non-Muslims don't have to participate in fighting, while it becomes mandatory on all the able Muslim men. If the Islamic state is unable to Protect the non-muslims living in it's borders, Jizya will not be collected.

format_quote Originally Posted by Al-Mufarridun

Just to add, Jizya is binding only on the men, so women and children don't have to pay the Jizya. Basically it is a tax for protection. If an Islamic State is invaded, the non-Muslims don't have to participate in fighting, while it becomes mandatory on all the able Muslim men. If the Islamic state is unable to Protect the non-muslims living in it's borders, Jizya will not be collected.

Slaves, women, children, the old, the sick,^[3] monks, hermits and the poor,^[4] were all exempt from the tax (unless they were very rich).

the Muslim citizens are the extended caliphs - khulafa of Allah fil Ard (representatives of God to humanity on earth)
who have a duty to ensure the Caliph stays within the limits of the constitution - even if it means with arms:

After the ummah gave their allegiance to the first Caliph Abu Bakr (ra), he said this:

O People! I have been put in authority over you and I am not the best of you.
So if I do the right thing then help me and if I do wrong then put me straight.
Truthfulness is a sacred trust and lying is a betrayal.
The weak amongst you is strong in my sight. I will surely try to remove his pain and suffering.
And the strong amongst you is weak to me I will – Allah willing – realise the right from him fully.
When obscene things spread among any nation, calamities generally continued to descend upon them.
As long as I obey Allah and His messenger, you should obey me,
and if I do not obey Allah and His messenger, then obedience to me is not incumbent upon you.
(Now prepare for prayer).

In Islam - the common person more interested in the latest music album - or the next episode of x-factor i.e people who have no knowledge of major affairs - as can be seen here:



- do not elect the person in the person in highest position,
it works upwards,
the locals elect the person whom they deem best able to handle these affairs from among them and it continues upwards.
as can be clearly seen from when the Prophet (pbuh) would ask that they elect leaders from among them to speak with him - right from the first pledge where the Prophet (pbuh) would consult with the accepted leaders of their people.

the job of the jurists (legislative branch) is to ascertain that the proposed Caliph fulfills all the requirements.

the Shura council is the council of leaders and knowledgeable people with whom the leader consults in affairs of moment.

"Those who hearken to their Lord, and establish regular Prayer; who (conduct) their affairs by mutual consultation among themselves; who spend out of what We bestow on them for Sustenance" [are praised]
Quran 42:38

even the Prophet (pbuh) was instructed to set up consultation.

Thus it is due to mercy from God that you deal with them gently, and had you been rough, hard hearted, they would certainly have dispersed from around you; pardon them therefore and ask pardon for them, and take counsel with them in the affair; so when you have decided, then place your trust in God; surely God loves those who trust.
Quran 3:159

the leader makes the ultimate decision after listening to all points of view, and they hear and obey - if they have an issue - they can bring it up and attempt to resolve it, or if they see he is not living up to it they can depose him. but while they accept him as leader there is no disobedience.

format_quote Originally Posted by Novice

If the caliphate wrongs, how is he removed?

it can be seen from the history of Islam that the right of the people to keep and bear arms was not infringed in the land, the only exceptions were the sacred precincts.

so when Abu Bakr says:
"So if I do the right thing then help me and if I do wrong then put me straight."
it actually means something.

Caliph Umar has been reported to have been sitting in a gathering and said:
"O Muslims, straighten me with your hands when I go wrong",
and at that instance a Muslim man stood up and said "O Amir al-Mu'minin (Leader of the Believers)
if you are not straightened by our hands we will use our sword to straighten you!".
Hearing this Caliph Umar said
"Alhamdulillah (Praise be to Allah) I have such followers."


the leaders continue to lead as long as they continue to remain within the limits of God and as long as they are physically able,
this way problems are more easily attributed to the leadership than to continuously changing political parties who may publicly blame each other for all the ills of society while mutually working for a shadow elite.
it can be seen from recent events that leaders are seen with contempt by the end of their term with talks of revolution appearing - and then a new leader making promises of change is put into the same position who may do exactly the same or worse as the previous leader, and by the time people are about to overthrow him - the next election is up.
it doesn't matter that they break every single promise - because the people just wait for the next election rather than getting up and doing something about it - and the cycle continues.
a great method for appeasement - but not a great way of sincerely running a nation since the people are more concerned with the changes and new promises than the actions. the fact that people prefer to suffer and wait it out than jump in is even acknowledged in the us declaration of independence.

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.


here's an interesting piece from over a century ago:
4. WHEN WE HAVE ACCOMPLISHED OUR COUP D'ETAT WE SHALL SAY THEN TO THE VARIOUS PEOPLES:
"EVERYTHING HAS GONE TERRIBLY BADLY, ALL HAVE BEEN WORN OUT WITH SUFFERING.
WE ARE DESTROYING THE CAUSES OF YOUR TORMENT
- NATIONALITIES, FRONTIERS, DIFFERENCES OF COINAGES. (watch "invisible empire" a new world order defined - on youtube)
YOU ARE AT LIBERTY, OF COURSE, TO PRONOUNCE SENTENCE UPON US, BUT CAN IT POSSIBLY BE A JUST ONE IF IT IS CONFIRMED BY YOU BEFORE YOU MAKE ANY TRIAL OF WHAT WE ARE OFFERING YOU." ... THEN WILL THE MOB EXALT US AND BEAR US UP IN THEIR HANDS IN A UNANIMOUS TRIUMPH OF HOPES AND EXPECTATIONS. VOTING, WHICH WE HAVE MADE THE INSTRUMENT WHICH WILL SET US ON THE THRONE OF THE WORLD BY TEACHING EVEN THE VERY SMALLEST UNITS OF MEMBERS OF THE HUMAN RACE TO VOTE BY MEANS OF MEETINGS AND AGREEMENTS BY GROUPS, WILL THEN HAVE SERVED ITS PURPOSES AND WILL PLAY ITS PART THEN FOR THE LAST TIME BY A UNANIMITY OF DESIRE TO MAKE CLOSE ACQUAINTANCE WITH US BEFORE CONDEMNING US.


5. TO SECURE THIS WE MUST HAVE EVERYBODY VOTE WITHOUT DISTINCTION OF CLASSES AND QUALIFICATIONS, in order to establish an absolute majority, which cannot be got from the educated propertied classes.
In this way, by inculcating in all a sense of self-importance, we shall destroy among the GOYIM the importance of the family and its educational value and remove the possibility of individual minds splitting off, for the mob, handled by us, will not let them come to the front nor even give them a hearing; it is accustomed to listen to us only who pay it for obedience and attention. In this way we shall create a blind, mighty force which will never be in a position to move in any direction without the guidance of our agents set at its head by us as leaders of the mob. The people will submit to this regime because it will know that upon these leaders will depend its earnings, gratifications and the receipt of all kinds of benefits


here's a good example:


the problem with a man made constitution is that people will eventually amend it - and when they keep amending it - it doesn't mean anything anymore - either the majority will change it due to a desire or accept changes through psychological and statistical manipulation - or a certain group will seize major events to declare a state of emergency and carry out their planned objectives.

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salaam

Bilderberg group - intresting

peace

format_quote Originally Posted by abz2000

After the ummah gave their allegiance to the first Caliph Abu Bakr (ra), he said this:

O People! I have been put in authority over you and I am not the best of you.
So if I do the right thing then help me and if I do wrong then put me straight.
Truthfulness is a sacred trust and lying is a betrayal.
The weak amongst you is strong in my sight. I will surely try to remove his pain and suffering.
And the strong amongst you is weak to me I will – Allah willing – realise the right from him fully.
When obscene things spread among any nation, calamities generally continued to descend upon them.
As long as I obey Allah and His messenger, you should obey me,
and if I do not obey Allah and His messenger, then obedience to me is not incumbent upon you.
(Now prepare for prayer).

Probably the shortest inaugural address ever. Simple and straight forward, yet it carries so much weight.

Jzk

Check this out -

http://www.facebook.com/notes/caliph...86203284759438

Salam Alaikkum

Subhanallah our new member is pretty clever, May Allah guide you Brother. We encourage you to ask as much as you want please.

format_quote Originally Posted by Novice

Thank you for the answers, link, and compliment .

I want to shift the discussion to a number of issues that have become quite controversial, so I hope you can clear any misconceptions and provide clarifications.
The first being slavery. I've read that the Qur'an neither condones nor condemns slavery, and that Muslims (non Muslims as well?) are encouraged to free slaves (correct me if I am wrong). Is there any justification given in the Qur'an or hadiths (or any other Islamic references) as to why Islam does not condemn slavery outright and require people to free slaves?

Islam came at a time when slavery was deeply entrenched in the society, so Islam worked towards the gradual elimination of slavery.

• Islam encouraged the emanciplating of slaves; The Qur'an does so in many places:
  4:92, 5:89, 58:3, 90:13, 24:33, 9:60, 2:177, 2:221, 4:25, 4:36.
  The Prophet said:
  "A person who frees a Muslim slave, Allah will deliver every one of his limbs from the fire of Hell in return for each of the limbs of the slave (Sahîh Bukhârî, and Sahîh Muslim)
  Shaykh Abu Bakr Al-Jazâ'iry writes:
  Islam orders making an agreement to facilitate a slave in buying back his freedom if he requests such an agreement, and it encourages helping him in that with shares or wealth. Allah the Almighty said:
  And such of your slaves as seek a writing (of emancipation) give them such writing, if you find that there is good and honesty in them. And give them something (yourselves) out of the wealth of Allah which He has bestowed upon you. (Qur'an 24:33)
  (Al-Jaza'iry, Minhaj Al-Muslim, vol. 2, p.551)
  The Prophet said: "If any of you have a slave girl, whom he gives good education and excellent training, and then he emancipates her and marries her, he shall have a two-fold reward. " (Sahîh Bukhârî)
• Islam eliminated and restricted the sources of slavery, prohibiting the enslavement of free people, the Prophet said:
  The Prophet said, "Allah says, 'I will be against three persons on the Day of Resurrection: [...] One who sells a free person (as a slave) and eats the price (Sahîh Bukhari)
  "There are three people whose prayers are not accepted. And one of these three is a man who enslaves a free person (Rajulun iitabada muharraran)" (Sunan Abî Dawûd)
• Islam obligated freeing slaves in many circumstances as expiation. Expiation for breaking an oath is freeing a slave (2:221), unintentionally causing a Muslim's death is freeing a slave (4:221), expiation for Zihâr is freeing a slave (4:221), breaking one's fast in ramadan is freeing a slave (Sahîh Muslim), etc.
• Islam elevated the status of slaves and promoted universal human equality; the Prophet said:
  "Yield obedience to my succesors, even if he is a black ethiopian slave" (Mishkat al-Masaabih, At-Tabreezee)
  "No one should say, "my slave" as all of you are slaves of Allah." (Bukhari, Muslim, An-Nasaa'ee and Ibn Hibban)
• Islam prohibited the poor treatment of slaves; the Prophet said:
  "Whoever strikes his slave or beats him, then his expiation is to free him." (Sahîh Muslim)
  They are your brothers; give them to eat what you eat; give them to wear what you wear. (Sunan At-Tirmidhi)
  "He who treats his slave badly will not enter Paradise". (Musnad Ahmad)
  "You are to honor them and to treat them like your children, and feed them from what you eat" (Musnad Ahmad)

So the claim that Islam simply allowed slavery is not true at all. Islam was actually instrumental in the gradual elimination of slavery for the reasons listed above. Muhammad (S) bought freedom of 63 former slaves, A’isha (RA) 67, Abbas (RA) 70, Abdullah ibn Umar (RA) 1000 and Abdur Rahman ibn Awf 30,000.

Islam did the best thing possible in working towards the removal of slavery and the elimination of any associated injustices. The fantasy of someone simply snapping their fingers and declaring the immediate abolishment of slavery in the 7th century is a nice idea, but unfortunately unrealistic and impossible. Slavery was deeply entrenched in the society and consequently could not be eliminated immediately. Islam took several steps to eliminate the injustices of slavery and drive humanity in the direction of its gradual elimination.

As for relations with female slaves, then again it is forbidden to abuse them whether physically or sexually, in the case of rape. Islam commands just, kind and compassionate treatment. The expiation for mistreating one's slave is to set them free and in the event of abuse the state may implement a ta'zîr (discretionary) punishment on the perpetrator.

Slavery

About the slavery issue, slavery after Islam had given slaves rights was like a profession, people automatically thing negative the minute they hear the word slavery because they're imagining appalling conditions that African slaves went through when the slave trade was rampant in the USA however in Islam because slaves had so many rights slavery became like a profession for people, much like a modern day butler or maid.

Also let me ask you, if the use of cars and other motor vehicles was abolished, what would happen to our society? it would collapse right because we've become so dependent on these motor vehicles that if they were abolished the whole country would fall apart because we're so dependent on motor vehicles to meet our needs, there would be chaos, well similarly the society back then was so dependent upon slaves that if slavery was abolished the society would have fallen apart so instead slavery was removed gradually by making it a great rewardable act to free a slave, and slowly slowly through this method the number of slaves was decreasing and it didn't impact upon the society in a negative way because people were able to make alternative plans.

Read about Umar(RA) .. You will know how Khilafat was....
http://www.islamicboard.com/companio...nd-caliph.html

Gandhi said “The best thing to happen to India would be to be reigned by a dictator as just and upright as Umar, RA.” One would wonder why a non-violent exponent of Gandhi’s stature should regard the rule of a dictator as the ‘best thing’.


Our Ummah is very much in need of it now ...