Himpunan Keluarga Merong Maha Wong Ser

Himpunan Keluarga Merong Maha Wong Ser

Banu Salleh

Dengan  Nama Allah, Yang Maha Pemurah, lagi Maha Mengasihani;

Segala Pujian dan  Kesyukuran hanya kepada Allah ;Selawat dan Salam keatas junjungan Nabi  Muhammad

Titisan Sharif Yang Di Pertuan

Keturunan titisan Sharif Yang Di Pertuan telah mengadakan pertemuan kali kedua pada 22 Disember 2007 di Paya Pahlawan Kubang Pasu Kedah Darul Aman. Satu makalah bertajuk Himpunan Besar Keluarga Merong Maha Wong Ser, Kali Ke2 pada22 Disember 2007 bersamaan 12 Zulhijjah 1428, Paya Pahlawan , Kubang Pasu. Mutiara Kata telah di catat oleh Setiausaha perhimpunan tersebut iaitu saudara Ahmad Harun.

Mohammad Raziff anakanda Al-Marhum Tun Mohammad Zahir bin Haji Ismail yang menyertai pertemuan itu telah memberikan makalah tersebut untuk tatapan. Jadi, saya susunkan salasilahnya untuk makluman dan pembaca yang budiman saperti beikut.

Nai Mohammad Raziff Al-Mahawangseri:

1. Bin Al-Marhum Tun Dr. Tan Sri Nai Mohammad Zahir Al-Hajj melalui isterinya Al-Marhumah Toh Puan Halimatun Sa'adiah binti Chik

2. Bin Nai Ismail AlHajj melalui isterinya Hajjah Asiah binti Penghulu Yunus of Titi Gajah bertitis keturunan Khadijah,Melayu dari Palembang dan Hj. Hamdan, campuran Arab dan Malabari [ isteri-isteri lain : Bedah, Puteh]

3. Bin Nai Yahya melalui isterinya Halimah

4. Bin Nai Ali

5. Bin Koya Nai Cau Abu akj Megat Manja, Paduka Seri Sultan of Kubang Pasu. [Saudara-saudara yang lain: Koya Long[Sultan Muzaffar Shah III, ayahanda kepada Syed Alang Alaudin akj Panglima Bukit Gantang titisan keturunan Pak Lah Badawi], Koya Ngah [Megat Terawis],Koya Shuib[Megat Shuib], dan Koya Fai[Megat Iskandar]

6. Bin Khalifah Sharif Abu Bakar Shah melalui isterinya Tengku Suriyamarin binti Sultan Bendahara Raja Badi uz-Zaman ibni al-Marhum Raja Kahar, Sultan Langkat:

a. Boromo Raja Ekataat Ke V, Sultan Sharif Shah Monggol Raja Siam Dinasti Ayuthia[1758-1767];

b. Mahadadammayaza Dipati, Raja Dinasti Siam Toug Oo, Burma [sehingga 1758].

c. Yang DiPertuan Benua Islam Siam Kedah[1767-1821];bersemayam di Kota Meang Kuang, Wang Tepus, Jitra

7. Bin Syah Alam Yang Maha Mulia Mahadan Maiyaza, Sultan Iskandar Mansor Shah Khalifah Islam Siam Beruas Kedah Pasai Ma akj Boromokot, Bersemayam di Kota Palas Langkawi melalui isterinya Puteri Hang Li Po, Puteri Maharaja China Siaman.

8. Bin Shah Alam Maha Mulia Sultan Mahmud Syah Melaka akj Sri Su Tammaraja Ayutia Sultan Melaka, Sultan Melaka melalui isterinya Puteri Saadon Nang Kemuning, Puteri Siti Nur Aishah binti Sultan Ismail Jambu Patani melalui isterinya Nang Che Yam.

9. Bin Shah Alam Yang Maha Mulia Nai Hisbu Muadzam Shah Inta Raja II aka Songtham Ayuthia, Raja Kota Beruas Gangga Negara melalui isterinya Nang Khun Warant Wong Ser binti Khun Warant Wong Ser Sultan Yaakob Shah Kedah Pasai Ma.

10. Bin Permaisuri Tunku Nur Aisyah akj Mah Inn [Intatiral], aka Aishah Begum Di Monggol India aka Bayyinaung di Toung Oo, melalui suaminya Sultan Akbar, India, Raja Perempuan Ayuthia

11. Binti Sultan Rijaluddin Muhammad Johan Shah III ibni Tunku Muhammad Chan aka Tok Temong of Kota Naga akj The Ramathibodhi II Dinasti Ayuthia [Parameswara Melaka 1424 -1491] by his wife sister of Syed Ajjal aka Admiral Cheng Ho.

12. Sultan Mad Azam Shah I Kedah Pasai Ma[1360-1380]

13. Sultan Mad Zafar Shah II Rama Tibodi I Dinasti Ayutia Kedah Pasai Ma[1300-1360]

14. Sultan Muhammad Shah II Kedah Pasai Ma[1201-1300]

15. Sultan Muadzam Shah I Kedah Pasai Ma [1179-1201]

16. Sultan Aliuddin Shah Perlak Sumatra Kedah Pasai Ma[1094-1179]

17. Sultan Riayat Shah Kedah Pasai Ma[993-1094]

18. Sultan Muhammad Shah [903-993]

19. Sultan Sheikh Abdul Kadir Shah Kedah Pasai Ma[881-903]

20. Sultan Hussin Shah Kedah Pasai Ma [840-881]

21. Sultan Aliran Shah Perlak Kedah Pasai Ma[840]

22. Sultan Mad Zafar Shah II [ Prodiset akj Saidina Jamalul Alam Badrul Munir]

23. Merong Maha Wong Ser akj Waren Wang Ser bergelar Sultan Mad Zafar Shah I Kedah Pasai Ma, Putera Sulung Pengasas Benua Islam Dinasti Chin Maha Raja China Siaman Khalifah Sheikh Huang Ti akj Shih Huang Ti, [cucu Sai Tee Sung] berpusat di Sungai Mas, Kedah.

Wallahua’lam.

Nota:

1. Genealogi ini disusun berdasarkan data-data dari makalah bertajuk Himpunan Besar Keluarga Merong Maha Wong Ser, Titisan Sharif Yang Di Pertuan, kali ke 2 pada 22 Disember 2007 bersamaan 12 Zulhijjah 1428, dengan Mutiara Kata oleh Ahmad Harun, Setiausaha Himpunan Besar tersebut.

2. akj: atau dikenali juga.

[®Srikandeh]

Sejarah Benua Siam Islam Kedah

Banu Salleh


Ini adalah suatu subjek yang saya percaya amat menarik bagi pengkaji sejarah dan generasi baru umat Melayu di Kedah dan utara Malaysia khasnya serta seantaro dunia secara amnya. Ianya suatu kajian dan penulisan yang menggunakan nama samarannya sebagai anaianai [1] telah mendedahkan satu dimensi baru yang tersembunyi dalam lipatan sejarah silam. Beliau telah menulis dalam blog bernama sejarahnagarakedah.blogspot.com mengenai pensejarahan dan silsilah raja dan pemerentahan Benua Siam Islam Kedah. Apa yang lebih menarik lagi kepimpinan Malaysia kini adalah berketurunan dari pemerentah tersebut yang menjadi igauan malah nemesis ketat kepada Thai. Pendedahan ini dibuat sendiri oleh penulis yang juga adalah keturunan mutlak dari Pemerentah Benua tersebut.

Berikutan tulisan-tulisan sumber Belanda, British, Thai, dan juga penulis istana kesultanan Kedah yang berkepentingan dan dakyah tertententu telah membuatkan kini banyak orang menjadi amat terkeliru dengan sejarah dan entiti Negara Siam tersebut yang pada asasnya adalah warisan Melayu. Orang keliru juga dengan istilah Siam dan Thai. Siam dan Thai tidak sama. Negara Siam itu bukanlah Negara Thai. Kedua-dua itu adalah berbeza diantara satu sama lain. Siam itu pemerintahnya adalah beragama Islam berketurunan Melayu. Sementara Thai berasal dari puak Sukho Thai itu beragama Buddha.

Negara Siam lama adalah bukan asal hak kerajaan Raja Rama Buddha Sukho Thai. Dinasti ini bermula pada tahun 1736 oleh penceroboh tentera Raja Buddha Rama dari India. Mereka menubuhkan kerajaan Buddha Lanna Thai Chakri Sukho Thai di Luang Prabhang, dalam jajahan Benua Islam Siam lama Kedah Kheag Tesh. Pada tahun 1752 apabila mereka menyerang Kerajaan Thong Oo Siam ketika itu dipimpin oleh Maha Dammaiyaza Dipati.Baginda berundur ke Ayuthia dimana baginda di kenali sebagai Boromoraja Ekataat V, Sultan Sharif Shah Monggol.

Kewujudan bangsa dan dinasti Budhha Lanna Thai Chakri Thai jauh lebih terkemudian. Mereka adalah suatu puak yang melaksanakan dasar hegemoni yang pada 1767 menyerang dan menjajah Benua Siam Islam dinasti yang berasal dari keturunan Raja Merong Mahawangsa dari Kedah yang berdarah bangsawan campuran Siam, Melayu dan China Islam. Negara Siam adalah entiti yang lain dan raja serta pemerintahnya adalah hak mutlak Sultan Rijaluddin Muhammad Shah III Kedah 1424–1491 yang juga bergelar Paramewara di Melaka dan bergelar Rama Tibodi II Dinasti Ayut’ia Ke 10. Senarai dinasti ini jelas dirmuatkan di dalam buku,'A History of South East Asia', 1955 yang ditulis oleh DGE Hall. [2]

Jadi adalah jelas bahawa asal usul Negara Siam Ayut’ia lama tersebut pada hakikatnya adalah bukan hak Raja Buddha Chakri Sokho Thai. Sukho Thai adalah berasal usul dari Burma (Myanmar). Secara hakikatnya Negara Siam adalah berasal dari Benua Siam Islam Kedah. Nama raja-raja Siam Islam Kedah ada tercatat bukti dengan jelas di dalam buku Undang-Undang Kedah. Di dalam buku tersebut terdapat manuskrip bertulisan jawi mengenai kesultanan Benua Siam Islam Kedah.

Jadi adalah jelas bahawa asal usul Negara Siam Ayut’ia lama tersebut pada hakikatnya adalah bukan hak Raja Buddha Chakri Sokho Thai. Sukho Thai adalah berasal usul dari Burma (Myanmar). Secara hakikatnya Negara Siam adalah berasal dari Benua Siam Islam Kedah. Nama raja-raja Siam Islam Kedah ada tercatat bukti dengan jelas di dalam buku Undang-Undang Kedah. Di dalam buku tersebut terdapat manuskrip bertulisan jawi mengenai kesultanan Benua Siam Islam Kedah.

Terdapat pelbagai lagi bukti-bukti yang nyata lagi kukuh, anaianai telah mengemukan sedutan dari sebuah dokumen terjemahan Portugis:

“…translated from the Portuguese MS in the Bibliotheque de la Chamber des Deputes, Paris, and edited by Armando Cortesao, “The Suma Oriental of Tomes Pires An Account Of The East, From The Red Sea To Japan, Written In Malacca And India”, Tom Pires, 1512-1515.

Dalam dokumen tersebut Tomes Pires menyatakan:

“The land of Malacca is called a land of Siam and the whole of Siam, Champa and thereabouts called China”.

Dari bukti tersebut menyatakan bahawa Burma(Myanmar) adalah asalnya hak jajahan takluk dan naungan Raja Siam Toung Oo Maha Dammaiyaza Syarif Yang Dipertuan Yang Maha Mulia Benua Siam Kedah yang diserang dan dirampas oleh Raja Buddha Aluang Phraya Burma pada tahun 1752 berikutan kemangkatan Boromokot Sultan Muhiyuddin Mansur Syah, Marhum Kota Palas, Pulau Langkawi.

Boromoraja V Ekataat Syarif Yang Dipertuan Yang Maha Mulia Benua Siam Kedah adalah Raja Siam terakhir Dinasti Ayut’ia.

Benua Siam Kedah dirampas oleh Raja Buddha Aluang Phraya Burma Lanna Chakri Sokho Thai pada tahun 1767 dan melantik Jeneral Rama I Chakri Sokho Thai untuk menjadi Raja Thai pertama yang beragama Buddha sehingga 1782 Masihi.

Berikutan serangan itu Raja Siam Boromoraja V Ekataat Syarif Yang Dipertuan Yang Maha Mulia telah berundur ke Ligor nama baru Tambralinga (kini ditukar nama oleh Raja Thai sebagai Nakhon Si Thammarat) dan memerentah dari Ligor sebelum berundur ke Kota Meang Kuang, Wang Tepus, Jitra dalam daerah Kubang Pasu, ,Kedah berikutan Dasar Hot Pursuit Thai Sukho Thai keatas Boromoraja V Ekataat Syarif Yang Dipertuan Yang Maha Mulia Benua Siam. Tindakan hot pursuit tersebut dilakukan oleh Thaksin (Mokhtar Hussain) adalah General Ayuthia yang murtad dan memihak kepada pihak RamaI Chakri Sukho Thai penjajah Siam Ayut’ia. Walau bagaimana pun akhirnya dia dikatakan gila lalu di hukum bunuh. Kepalanya disarungkan guni dan dipukul di kepala hingga mati. Pembunuhan ini dilakukan oleh Raja Chakri I. Kaedah itu digunakan sampai masa kini.

Mengikut kajian anaianai lagi bahawa Kemboja juga adalah HAK Raja Siam Pho Chan Koya Long Sultan Mudzafar Shah III Kedah. Beliau ialah putera Raja Siam Dinasti Ayut’ia Boromoraja V Ekataat Syarif Yang Dipertuan Yang Maha Mulia Benua Siam Kedah. Kemboja turut dirampas juga oleh raja Buddha Aluang Phraya Lanna Thai pada tahun 1758 Masihi.

Di dalam buku manuskrip Udang-Undang Kedah terbitan Dewan Bahasa dan Pustaka, Kuala Lumpur, pada muka surat 43 menyatakan tahun 1199 Hijrah bersamaan tahun 1788 [?] Masihi Sultan Syarif Syah Yang di Pertuan Yang Maha Mulia Benua Islam Siam Kedah bersemayam di Ayuthia Kota Meang Kuang, Wang Tepus, dalam daerah Kubang Pasu, Jitra Kedah. Tempat ini berdekatan dengan Banai (Ban-Nai, bermaksud Kampung-Syed), Bandar Darul Aman.

Pada tahun 1821, dikenali sebagai tahun musuh bisik, Rama II Chakri Sukhothai menyerang Kedah lalu membunuh Sultan Syarif Syah di Kota Meang Kuang. Pada tahun 1836 Rama V Chakri Sukho Thai Mongkut menukar nama Siam kepada Thailand. Penggantinya, Chakri Sukho Thai Chula Long Khorn pula menyerang Kedah dan membunuh Maharaja Siam terakhir yang memerintah Kedah iaitu Nai Long Jaafar yang bergelar Sultan Jaafar Madazam Syah.

Nama baginda Sultan Jaafar Madazam Syah telah dipadamkan dari sejarah Kedah kerana baginda dikira sebagai menggangu salasilah raja daerah ketika itu. Nai Long Jaafar adalah putera kepada Maharaja Siam Islam bernama Nai Lang atau Syed Alang Alauddin, Panglima Bukit Gantang.

Raja daerah yang dimaksudkan ialah Raja Kota Setar yang mana pada hari ini menjadi Salsilah Kesultanan Kedah. Daerah-daerah di Kedah mempunyai raja yang memerintah daerah dan mereka bergelar Paduka Seri Sultan.

Pada ketika itu terdapat raja-raja daerah seperti Raja Kulim, Raja Kubang Pasu, Raja Bagan Serai, Raja Pulau Pinang dan yang kekal hingga kehari ini, Raja Perlis. Bukan itu sahaja, malah di Pattani, Acheh yang berada dibawah jajahan Nagara Kedah menggunakan gelaran tersebut.

Pada zaman Khalifah Sharif Shah memerintah di Kedah pada 1767-1821,Paduka Seri Sultan Muhammad Jiwa III, Nai Nal Adilin menjadi Penghulu Berahman Indera (sekarang Balai Besar Alor Setar) dan merangkap Perdana Menteri Nagara Kedah. Baginda bukan Sultan Kedah seperti yang disebut oleh pengkaji sejarah tempatan. Di samping itu baginda adalah adik ipar Khalifah Syarif kerana baginda berkahwin dengan Nang Che Puan, adinda kepada Khalifah Syarif yang menjadi Maharaja Benua Islam Siam Nagara Kedah pada ketika itu. Sultan Abdullah yang disebut sebagai Sultan Kedah yang bersemayam di Pulau Pinang juga tidak benar. Baginda adalah Paduka Seri Sultan Abdullah, Raja Pulau Pinang dan dilantik oleh Khalifah Syarif menjadi raja dan mengutip cukai disitu. Keberadaan Paduka Seri Sultan Abdullah, sebagai Raja Pulau Pinang sekaligus menyangkal bahawa Pulau Pinang dibuka oleh Sir Francis Light.

Paduka Seri Sultan Abdullah adalah putera dari isteri kedua, Paduka Seri Sultan Muhammad Jiwa III Nai Nal Abidin yang bernama Tengku Puteri. Apabila Paduka Seri Sultan Muhammad Jiwa III Nai Nal Abidin mangkat, Khalifah Syarif Syah, sebagai Maharaja Siam Islam Nagara Kedah telah menabal Tengku Long Putera sebagai Penghulu Berahman Indera (Balai Besar) dan merangkap Perdana Menteri Nagara Kedah. Tengku Long Putera adalah putera isteri pertama Paduka Seri Sultan Muhammad Jiwa III, Nai Nal Abidin yang bernama Paduka Bonda Nang Che Puan. Tindakan ini menimbulkan kemarahan Paduka Seri Sultan Abdullah lantas bertindak menggadaikan Pulau Pinang kepada Inggeris. Tengku Long Putera, Laksamana Datu dan adindanya Tengku Anjang Johan telah menjadi korban Musuh Bisik (dibunuh Thai) dalam tahun 1821. Namun begitu masih ada mereka-mereka yang menafikan hakikat ini dengan mengatakan mereka berdua kononnya berpindah ke Sumatera sedangkan pembunuhan mereka dirahsiakan oleh kerabat yang bersekongkol dengan Thai kerana mahukan kuasa. Makam mereka dua beradik masih berada di Kedah tetapi bukan di Makam di Raja Langgar tetapi didalam hutan rimba dan sahaja dibiarkan begitu. [3]

Mengikut kajian anaianai lagi bahawa Kemboja juga adalah HAK Raja Siam Pho Chan Koya Long Sultan Mudzafar Shah III Kedah. Beliau ialah putera Raja Siam Dinasti Ayut’ia Boromoraja V Ekataat Syarif Yang Dipertuan Yang Maha Mulia Benua Siam Kedah. Kemboja turut dirampas juga oleh raja Buddha Aluang Phraya Lanna Thai pada tahun 1758 Masihi.

Raja Benua Siam Kedah ialah raja melayu keturunan cucu Merong Maha Wangsa Saiyiddina Ali Wa Maulana Paduka Seri Sultan Jamalul Alam Badrul Munir. Fakta ini dapat di rujuk Buku Undang-undang Kedah Manuskrip tulisan jawi M/S 171 lampiran 65.

Adalah amat menarik juga bahawa perkataan atau istilah Siam itu adalah berasal dari bahasa Arab 'Sumu ul Amir' yang bermakna satu bangsa raja darjat yang tinggi mulia. Yang dimaksudkan perkataan Sumu ul Amir ialah Raja Iskandar Zulkarnain ada disebut dalam undang-Undang Kedah.

Kebanyakkan fakta sebenar mengenai salasilah Kesultanan Kedah telah diselewengkan oleh sama ada ahli sejarah yang tidak mempunyai pengetahuan tentang sejarah sebenar dan tidak tahu bahasa Siam (bukan bahasa Thai), atau penulis upahan dari pihak tertentu.

Beliau mencadangkan supaya kita sama-sama membetulkan perkara sebenar mengenai sejarah kita dan demi kesucian agama Islam. Segala fakta sejarah Kedah sepertimana tercatat dalam Buku Undang-undang Kedah perlu di rujuk semula dan ditulis semula.

Saya difahamkan bahawa keturunan Raja Benua Siam Islam akan berhimpun semasa perayaan Eidil’Adha.Seramai lebih kurang lima ribu orang akan berhimpun di Kedah. Keturunan mereka kini bertebaran dan menjawat pelbagai jawatan penting. Ada kalangan saudara mara saya yang berkahwin dengan keturunan tersebut.

Saya difahamkan dari kajian dan penulisan tersebut bahawa Almarhum Sultan Badlishah ayahanda Sultan Abdul Halim adalah berketurunan dari Raja Benua Siam Islam Kedah melalui ibu kandungnya Che Sofiah atau nama sebenar beliau Tunku Nai Sofiah, seorang nemesis Che Manjalara yang mempunyai hubungan dengan dinasti Chakri Thai. Dengan demikian sedar atau tidak, secara tidak langsung Sultan Kedah kini adalah berketurunan Raja Benua Siam.

Mengikut anaianai Yang Amat Berhormat Perdana Menteri Malaysia, Pak Lah Badawi adalah juga berketurunan dari Raja Benua Siam Islam tersebut.

Saya yakin pihak Thai, samada Raja Thai dinasti Chakri Raja Bhumiphol Adulyadej serta kerajaan Thai tahu. Mereka tahu mereka adalah penjajah! Sampai kini mereka melaksanakan dasar hot pursuit ke atas orang Melayu Wilayah Selatan Thailand yang mereka ambil setelah bersekongkol dengan British. Saya percaya kalau Acheh berjaya mendapat autonomi, begitulah juga dengan wilayah Selatan Thailand pada satu hari nanti, walaupun perjuangan itu mengambil masa. Kita perlu bantu saudara kita dan perlu berdo’a pada Allah swt perjuangan itu berjaya.

Wallahua’lam.

Footnotes:

1. Tuanku Nai Long Kasim ibni Tuanku Nai Long Ahmad
2. Sejarahnagarakedah.blogspot.com, November 29, 2007
3. Sejarahnagarakedah.blogspot.com, Wednesday, April 18, 2007

® Srikandeh

The “Teddy Bear” Crisis

Imam Zaid, December 09, 2007

The recent “Teddy-Bear” crisis in the Sudan in some ways illustrates the failure of many Muslims to understand a painful fact; one that if left misunderstood will probably lead to a lot of unnecessary bloodshed in the Muslim world, and destroy the opportunity for many western, non-Muslim people to benefit, at a mass level, from the many positive aspects of Islamic teachings. That fact is that the strategic preeminence of the Muslim world is long gone, possibly forever.

Were it not for oil, only three Muslim nations, Turkey, Indonesia, and Malaysia would be among the world’s fifty largest economies, in terms of Gross Domestic Product (GDP). Turkey, a nation of 70 million people, ranks nineteenth. However, its GDP is equaled by Sweden, a nation of 9 million people. Egypt, which ranks fifty-first, also has 70 million people. Its GDP is smaller than that of New Zealand, a nation of 4 million people. The twenty-two Arab states combined have a GDP smaller than that of Spain.

In strategic terms, it is certainly true that Muslims have proven to be dogged guerrilla fighters able to wear down and expel invaders in debilitating wars of attrition. However, the ideologically-driven conflicts of the twenty-first century, unless current trends are drastically changed, will not be guerrilla wars. They will be conventional wars, which may involve tactical nuclear weapons used against Muslim peoples and their armies. These wars will not be wars of occupation. Rather they will be wars whose purpose is to utterly destroy what will be presented as an irrational, imperialistic force that poses an existentialist threat to the West, Israel, or India. In this latter type of warfare, Muslims have been systematically routed in recent history, and the strategic gap between Muslims and any potential rivals in the Twenty First century, in this regard, is rapidly widening.

How does the “Teddy Bear Crisis” fit into this discussion? It could be viewed as an attempt on the part of an embattled Sudanese government to project power vis-à-vis the West. As that power cannot be realistically projected in a strategic sense, it was exercised against a hapless Western citizen, Ms. Gillian Gibbons, who could be viewed as an inadvertent symbol of western hegemony. That pathetic exercise of power, which here in the West only generated more hatred, misunderstanding, animosity, and in some quarters just pain pity towards Islam and Muslims, represents a failed opportunity to present western people a view of the loftier legal and ethical teachings of Islam. Such teachings are increasingly lost as our community, globally, becomes ever more deeply entrenched in a stultifying literalism and an empty legalism that drains the religion of its ability to speak to a global audience at a higher, ethical level.

Were the Sudanese government not trapped in such legalism there would not have been a crisis. Fundamental principles of our religion and its law would have prevented such a sad episode. First of all, while we are bound to protect the honor of the Prophet, peace upon him, we are also taught that actions are judged based on the intention accompanying them—Al-‘Amalu bin-Niyyat. In the case in question no insult was intended, particularly on the part of the teacher. The fact that the idea to name the teddy bear Muhammad, came from the children in the class, and not from the teacher, along with the fact that they were trying to honor the toy by choosing the best possible name for it, clearly bears that out.

Secondly, ignorant people are not held accountable for actions they undertake while not knowing that they are forbidden. Such individuals are to be pardoned and educated, not punished and castigated. God mentions in the Qur’an, The servants of the Merciful walk with reverent humility across the earth, and when the ignorant address them they respond, peace. (25:63) Qadi Abu Bakr Ibn al-‘Arabi mentions that one of the meanings of the ignorant in this verse is “non-Muslims.” [1] Imam Tabari comments, “When they are addressed by those ignorant of God concerning the things He dislikes of reprehensible speech, they respond with good speech, and an appropriately upright level of discourse.” [2] Imam Ibn Kathir adds:

When ignorant people speak foolishly to them with foul language they do not respond in kind. Rather, they pardon and overlook [those slights] and only speak well, as was the case with the Prophet, peace and mercy of God upon him, the abuse of the ignorant only increased him in forbearance [3].

Ibn Kathir mentions the prophetic example. This is very important, for the Prophet, peace upon him, responded very differently to those who intentionally ridiculed and defamed him with the objective of undermining and belittling the prophetic office, and those who abused and insulted him out of ignorance. In the former cases his response was firm and stern, while in the latter case he was gentle and forbearing. One of the clearest examples of this is the instance when a desert Arab approached the Prophet, peace upon him, grabbed his cloak and pulled it so hard that its edge scratched the top of the Prophet’s shoulders, peace upon him. The man then said, “O Muhammad! [4] Order that I be given charity from the wealth God has deposited with you!” The Prophet, peace upon him, turned to him, smiled, and ordered that he be given something from the public treasury. [5]

Although this issue does not get to the heart of the matter at hand, it sheds light on the spirit that should govern how we understand the law in such instances. To merely see the law as a set of strictures that must be dogmatically enforced under all circumstances is to make a travesty of the law and mockery of the religion. The above narration and similar ones also gives us insight into what the Prophet, peace upon him, might have done is such situations as the one we are commenting on.

A related issue is the fact that in many areas of the law new Muslims are exempt from certain rulings. In many different issues we will read the caveat, “…and he/she knows of the prohibition [of a certain action].” If he/she does not know then they are not liable for their actions. If that is the case for a new Muslim, what then should be the case of a non-Muslim?

Muslim authorities, even more than individual Muslims, have to think of the long-range consequences of their actions. One of our legal principles is considering the implications and ramifications of our actions—an-Natharu ila al-Ma’alat. In this case, the actions of the Sudanese government have created a situation where a stark contrast can be drawn—a contrast amplified by skillful journalistic techniques—between the principles and compassion of Muslims and non-Muslims.

The Muslims are presented as so uncompassionate and inconsiderate of any higher human virtues that they will victimize an unwitting innocent person in an effort to uphold the law and allegedly defend the honor of the Prophet, peace upon him. The non-Muslim is presented as so principled and compassionate that she will forgive those who have actually oppressed her, and plead for understanding and empathy for Muslims. The impact of such a contrast on unsuspecting non-Muslims, and increasingly many Muslims is extremely unsettling.

In a global village where the real battle is the battle for hearts and minds is this the best Islam can offer? I think not. However, as long as we continue to prioritize politics and strategic affairs, our decided weakness, over principles and prophetic ethics, our potential strength, we are going to move from shameful crisis to shameful crisis and we will find our religion floundering in the wake of frantic mobs, massacred civilians, and non-issues elevated to the status of definitive statements of our commitment to the defense of our Prophet, peace upon him, and our religion.

At the end of the day, in light of contemporary global realities, our best defense of the Prophet, peace upon him, will never come through the mindless enforcement of a sterile legal code divorced from the principles that give it real meaning and substance. Rather it will come through living lives that reflect the fullness of the prophetic teachings and using those teachings to shine rays of light on an increasing dark and troubled world.

Footnotes:

[1] Al-Qadi Abu Bakr Ibn Al-‘Arabi, Ahkam Al-Qur’an (Beirut: Dar al-Fikr, nd), 3:451.
[2]Imam Ibn Jarir At-Tabari, Jami’ Al-Bayan Fi Ta’wil Al-Qur’an (Beirut: Dar al-Kutub al-‘Ilmiyyah, 1997/1418) 9:408.
[3] Imam Abu Al-Fida’ Isma’il B. Kathir, Tafsir Al-Qur’an Al-‘Adhim (Beirut, Sidon: Maktaba al-‘Asriyya, 1996/1416), 3:305.
[4] Addressing the Prophet by his first name as opposed to an honorific title is an insult to him. Appropriate addresses would be terms such as O Prophet! O Messenger of God! God has commanded the believers in the Qur’an; Do not address the Prophet as you address one another (24:63). In other words use proper and honorific terms of respect for him. When the desert Arab in this tradition behaved contrary to this advise, the Prophet, peace upon him, only smiled and gave him what he wanted.
[5] Sahih Al-Bukhari, #5809, Muslim # 1057

Imam Dr. Zaid Shakir is amongst the most respected and influential Muslim scholars in the West today.

®New Islamic Directions

Who are the Fascists?

By Imam Zaid
24 October 2007

When George W. Bush began making poignant references to what he termed “Islamic Fascists,” he shed more light on the nature of the ideology driving the neoconservative movement than he did on the ideology driving militant Islamic groups in various parts of the world--for reasons we will soon examine. Although the administration quickly dropped the use of the term “Islamic fascists,” other elements of the neoconservative movement have continued to utilize it. Now, as we are in the midst of what its right-wing architects are calling “Islamofascism Week,” it behooves us to ask, “Who are the fascists?”

If we consider the nature of fascism, we can see that the ideology driving the agenda Mr. Bush is pushing shares far more with the fascist movements of the 20th Century than any of the Islamic groups or states he and his political allies seek to condemn. Consider that one of the principal innovations of the fascist movement, introduced by Hitler in Mein Kampf, and perfected by his principal propagandist, Joseph Goebbels, was the “big lie.” The basic premise of this idea was that if one tells a big enough lie often enough and with adequate conviction, most people will hold it to be true, for the average person does not believe that anyone would have the audacity to lie so brazenly. Therefore, what is being alleged must be true.

Leaving aside the allegations of weapons of mass destruction in Iraq, a skillful use of the “big lie” technique, let us consider the allegation that so-called Islamic Fascism threatens Western Civilization. This is another big lie. The nature of this lie is revealed by the fact Ayman Zawahari, Usama Bin Laden, and the movements they lead were incapable of posing a significant threat to the Egyptian and Saudi states respectively. Zawahari’s Jihad group was ruthlessly crushed by the Egyptian government during the mid-1990s. Bin Laden’s challenge to the Saudi state in the aftermath of the 1991 Gulf War was similarly thwarted. Hence, both men eventually ended up in a cave in Afghanistan. The terrorist acts they orchestrated in Egypt and Saudi Arabia proved to be a nuisance, in a strategic sense. However, at no time did those acts constitute an existentialist threat to either state.

While terrorist acts perpetrated by what has come to be known as al-Qaeda may be disruptive, they could never pose a significant threat to the integrity of Western Civilization, neither politically, economically, nor socially. By way of illustration, it took less than two months for the stock markets to rebound to pre-September 11, 2001 levels in the aftermath of the attacks of that day. Today, five years after those attacks, American exports are higher, global trade levels, led by the United States, are higher, world tourism is up, domestic air travel, the sector hardest hit in the aftermath of the 9/11 attacks, has surpassed pre-9/11 levels, and legal immigration to the United States is as high as it has ever been.

Those attacks, which occurred under dubious circumstances that have yet to be thoroughly investigated, are unlikely to be replicated and did little lasting damage to this country. This illustrates the overblown threat of the “Islamic Fascist” enemy.

The question here is how could groups that were incapable of destabilizing two middling Third World states pose a mortal threat to the United States, the world’s sole superpower? Moreover, how could such groups ever pose an existentialist challenge to the whole of Western Civilization? The very allegation is so preposterous that we can only describe it as a “big lie.”

Closely associated with this lie is the allegation that Bin Laden, and now Iranian President Mahmoud Ahmadinejad, are comparable to Hitler and Stalin. Such an allegation is totally baseless. Both Hitler and Stalin presided over modern industrial states with strategic resources that rivaled and in many sectors surpassed those of Western Europe and even America. Hitler’s Germany was the most advanced state on earth, in terms of military technology. They were the first nation to employ militarily-viable ballistic missiles, the V-2 rocket; a jet-powered tactical fighter aircraft, the Messerschmitt Me 262, and at one point were months away from developing an atomic bomb. Stalin’s Soviet Union possessed the largest collection of conventional armed forces on earth, and would eventually preside over a nuclear arsenal of over 20,000 warheads, most of them aimed at the major industrial, military, and population centers of the United States. These warheads were situated on sophisticated land, sea, and air-based delivery systems that posed a significant threat to the survival of the United States and Western Europe.

As compared to the resources possessed by those states, the “Islamic Fascists” have nothing. Only one Muslim country, Pakistan possesses nuclear weapons, and that country’s handful of nuclear warheads is neutralized by India’s larger and more sophisticated nuclear arsenal, as well as Israel’s estimated 200-300 nuclear bombs. By all reasonable estimates, Iran is at least five years away from developing a nuclear bomb, and possesses no delivery system capable of reaching Western Europe, to say nothing of America. As for non-state “Islamic Fascists” they possess neither a nuclear weapon nor any delivery systems.

As far as the threat of a an agent of an “Islamic Fascist” organization or state getting his hand on a small nuclear devise and carrying it to the United States to be detonated, that threat is less credible than a rogue security operative affiliated with a western power getting his hand on such a devise. Such an eventuality itself is less credible than any random act of terrorism that may emanate from an unimaginable array of actors. As last year’s shootings in Montreal and a rash of school shooting sprees throughout the United States demonstrate, any stray lunatic is capable of engaging in unanticipated acts of terrorism at any time. That is a threat that we lived with before 9/11, and it is a threat we will have to continue to live with. If the billions of dollars we are spending on “homeland” security are not making us any safer from these threats then we need to take a hard look at how that money is being spent.

Another pertinent aspect of fascism is its glorification of the nation. This glorification of the nation by all fascist powers made fascistic governments vehemently opposed to all forces that ran counter to the ability of the nation to consolidate its control, both over the territory under its sway, and over the lives of individual citizens. Here the following statement, attributed to Mussolini, is extremely instructive, “The Italian nation is an organism having ends, life, and means of action superior to those of the separate individuals or groups of individuals which compose it.” Since its inception, fascism has been one of the greatest threats to individual liberties in the Western world. As we look at our shrinking civil liberties should we not see the shadow of fascism lurking over our lives and institutions?

Does this description of a nation-state centric ideology more closely conform to the advocates of the Bush agenda, or the so-called “Islamic Fascists” who are advocates of a trans-national ideology that sees the nation-states as a western, neo-colonial innovation that has been imposed on the Muslim people via European colonization of Muslim lands? The answer should be quite clear. If anything, Islamic militancy, based on its stated goals, should be more closely associated with the anarchistic movements appearing in Europe beginning in the latter part of the 19th Century. Like many of today’s Islamic movements, those movements sought the eradication of the prevailing nation-state system, and the destruction of the institutions that support it. Hence, the ideological similarities between those movements and anarchism are far greater than the similarities between those movements and fascism. Why then are those Islamic movements being associated with fascism?

The answer is simple. If today’s Islamic movements were associated with anarchism, the antithesis of totalitarianism, it would be impossible to then draw a comparison between the leaders of those movements and the leaders of the totalitarian regimes that once posed a very real threat to the integrity of the West. Anarchism has no Hitler or Stalin to serve as its identifiable symbol. By drawing a link between Islamic movements and fascism, the symbolic leader of those movements, Bin Laden, in the eyes of the western public, can be linked to the symbolic leaders of the totalitarian menaces of the past century, Hitler and Stalin. Hence, evil can be given a tangible “face” which can serve as a symbolic representation of the totalitarian menace those movements allegedly embodying.

This process of vilification and negative “branding” has been clearly illustrated in the campaign against Ahmadinejad. Although he is an elected official of limited tenure who lacks deep and lasting power in the Iranian political system, he has been transformed into a symbol of the evil Islamic enemy. All of the nuances and complexities of the Iranian political system, the various loci of political power within that system, and the movements representing opposition to it have all been glossed over by the stereotyped symbolism associated with a single individual.

Another salient feature of fascism is that it is an ideology that elevates the national leader to the status of a symbolic representation of the nation itself. This aspect of fascism is captured brilliantly in a leading social science text:

At the head of the fascist elite is the leader –Il Duce in Italy or Der Fuehrer in Germany- in whose name everything is done, who is said to be “responsible” for all, but whose acts can nowhere be called into question. The leader is neither a scholar nor a theorist, but a charismatic man of action.

If we examine the nature of the leaders of contemporary Islamic movements and the nature of the leader of the regime in Washington D.C., which more closely conforms to a fascist description? Again, the answer should be clear.

Here a critical question is in order, “If fascism is an inaccurate description of today’s Islamic movements, why is the association being pushed so vehemently by some parties?” I would look to the history of fascism for the answer. One of the most dastardly programs birthed by fascism is what the Nazis referred to as the final solution, the endlösung, which involved the extermination of the Jewish population of Germany. Many of those who so loudly trumpet the term “Islamic Fascists” envision their own endlösung for the Muslims. To illustrate this point, I will quote directly from one of their recent proclamations. On July 21, 2006, Warner Todd Huston writes, on the website of the prominent African American conservative and former candidate for the United States Senate, Alan Keyes:

So, we feel the only true solution is that millions of Muslims must be killed and the sooner the better it will be for the whole world. Not because Jews are somehow perfect or that Muslims just plain “need killing,” but because Islam is so patently evil and needs to be defeated!

Such calls are now commonplace in even mainstream print and electronic media here in the United States. The fact that Keyes, as mentioned above, was a candidate for the Senate, and that Huston occasionally writes for the Los Angeles Times illustrates just how mainstream this hatemongering has become.

If we search the proclamations of the “Islamic Fascists” we find no parallel calls for a “final solution,” neither against Jews nor others. Hamas calls for the liberation of Palestinian lands not the physical elimination of the Jews. Al-Qaeda calls for the end of Americans strategic presence in the Middle East and not the destruction of America. The Iraqi resistance calls for the end of the American occupation of Iraq and not the end of America. The various Jihad groups in Kashmir call for the termination of the Indian occupation of Kashmir and not the termination of India. The Chechen resistance calls for the end of the brutal Russian occupation of their lands and not the end of Russia. Even if some obscure, obscurantist Islamic groups were to make calls for the destruction of America, Israel, India, Russian, or any Western power, they posses no strategic resources to translate those threats into credible military action. To elevate such groups to the level of Nazi Germany or the former Soviet Union is a disingenuous ploy to mask a patently racist, potentially genocidal agenda.

I will conclude by mentioning a final feature of fascism. The three most powerful fascist regimes of the 20th Century, Mussolini’s Italy, Hitler’s Germany, and Hirohito’s Japan, if we include the latter amongst the 20th Century fascist states, all pursued irrational, militaristic, imperialist policies that led to their ruin. Again, if we examine the policies of the current regime in Washington D.C and the consequences of its policies for this country we must ask, “Who are the fascists?” The American people must ask and answer this question with dispassionate honesty and forthrightness. The nature of the answer will go a long way in determining the future of this republic

٭Imam Zaid Shakir is amongst the most respected and influential Muslim scholars in the West today.

®: New Islamic Directions.

Attaining the Mabrur Hajj.

Attaining the Hajj Mabrūr 

Feisal Ibn 'Ali Al-Ba'dani

Allāh, the Most Gracious, the Most Merciful;

All the praise and Thanks are due to Allāh, the Lord of the al-ā’lamīn. I testify that there is none worthy of worship except Allāh, and that Muhammad, sallallāhu alayhi wa sallam, is His Messenger.

Allāh the Most Exalted has promised a great reward for Hajj Mabrūr, as the saying of the Messenger, (Sallallāhu 'alaihi wa sallam), said, “…There is no reward for Hajj Mabrūr except Paradise.” [Al-Bukhari]

The meaning of “birr” which derived from the word Mabrūr, involving two aspects as follows:

1. Demonstrating good akhlak (good behavior) towards people, fulfilling one’s duties towards others, and giving them their rights. In a hadith: “Al-Birr is good behavior.” (Muslim) In the Musnad, from Jabir, a hadith traced back to the Prophet (Sallallāhu 'alaihi wa sallam) states: They asked: “What makes Hajj Mabrūr, Messenger of Allāh?” He replied, “Providing food to people and spreading (the greeting of) salām.” [Fath al-Bari, 4/446]


2. Doing much worship and having the trait of taqwa (piety and fear of Allāh), as opposed to sinfulness. Allāh Most Exalted Says: "Do you order people towards Al-Birr (righteousness) while you forget (it) yourselves?" [Al-Baqarah, 2:44]. Al-Qurtubi said, “[The] tafsir (explanation) of this verse means that birr is performance of Hajj in which its rules are fulfilled and which is done in the most complete manner.”

Not all who performed the Hajj will have their Hajj accepted by Allāh. As Ibn 'Umar (Radiallahu`anhu) said to Mujahid when he said, “How many Hajjis!” “How few. Rather say, how many riders!” [Musannaf 'Abdur-Razzaq 8836]

Following are some issues of Al-Birr that would facilitate a pilgrim ensure that his or her Hajj will be accepted, insya' Allāh.

1. Sincerity and Following the Sunnah

The foremost, is the sincerity to Allāh and seeking His reward and pleasure, alone. Allāh says in the hadith Qudsi, “Whoever does an action for other than Me, I will leave him and his syirik (associating others with Allāh).” [Muslim] The Prophet (Sallallāhu 'alaihi wa sallam) : “Allāhumma hajjatan la riyaa’a feeha wa la sum`ah” (O Allāh, (enable me to make) Hajj without riya’ [showing off with the desire that others witness one’s good acts] or sum`ah [showing off with the desire that others hear about one’s good acts] in it.” [Ibn Majah]

It is the following the Messenger (Sallallāhu 'alaihi wa sallam) in all matters. He said, “Whoever does an action not in accordance with our matter (deen), it will be rejected.”[Muslim]. And, “Take your rituals (from me), for I do not know whether I will perform Hajj after this one.” [Muslim]. The Companions (Radiallahu`anhum) comprehended this matter well. 'Umar Ibn Al-Khattab (Radiallahu`anhu) said when he kissed the Black Stone, “By Allāh, I know that you are a stone, you neither brings harm nor benefit, nor if I had not seen the Messenger of Allāh (Sallallāhu 'alaihi wa sallam) kiss you, and I would not have kissed you.” [Al-Bukhari]


2. Preparation for Hajj
 
The preparation for Hajj is one of the most important matters that determine the performing of Hajj within the rules that ensuring that his or her Hajj would be, insya’Allāh, accepted. Among the matters in preparation are the following:

a. Examining and rectifying one’s relationship with Allāh the Almighty by sincerely repenting and fulfilling the well-known conditions of repentance.

b. Seeking Allāh’s help and guidance, manifesting one’s need of Him, fearing Him and hoping in His reward. This is among the most important matters, for it is not permissible for one to rely solely on one’s material means.

c. Relieving oneself of obligations towards others, one’s trusts and debts.

d. Writing one’s will, as travel exposes one to various dangers.

e. Preparing provision for those for whom the pilgrim is responsible until one returns, advising them with good and appointing someone to take care of their matters, so that the pilgrim’s concern and attention may be devoted to performance of the pilgrimage.

f. Taking a convenient journey and good halal (lawful) provision, for provision obtained through haram (unlawful) means may cause one’s worship not to be accepted. It is related from At-Tabarani in a hadith traced back to the Prophet (Sallallāhu 'alaihi wa sallam): “When a person leaves for Hajj with good provision, places his foot in the stirrup (of his mount) and calls, ‘Labbaika Allāhumma Labbaik (Here I am at Your service, O Allāh! Here I am at Your service),’ he is called from the heavens, ‘Labbaika wa sa’daik (May your call be replied and happiness be your reward), your sustenance is halal, your journeying is halal, and your Hajj is accepted.’ And when he leaves with corrupt provisions and places his foot in the stirrup (of his mount) and says, ‘Labbaik,’ he is called from the heavens, ‘La Labbaika wa la sa’daik daik (May your call not be responded to and happiness not be your reward), your provision is haram, your sustenance is haram and your Hajj is not accepted.’” [Al-Mu'jam al-Awsat by At-Tabarani]

So let us fear the Lord and remember His saying, “Allāh is Good and does not accept except what is good.”[Muslim].Therefore, it is recommended for one of us to find the halal provisions according to ability. Do not depend on others and yet to show kindness to the weak (by giving money in charity).

g. Selecting a righteous company that will help one in moments of weakness, remind one when one forgets, teach one when one does not know, order one to good and forbid one from evil. So let the servant beware of the following two types of companies: a corrupt company that leads to sinfulness and falsehood, and a company that spends its time in what brings no benefit in the hereafter.

h. Learning the rules of Hajj and its manners, as well as rules related to travel, including qasar (shortening Prayers), jama' (combining the Solāh), Tayammum (dry ablution), mash (wiping over socks), etc. The Prophet (Sallallāhu 'alaihi wa sallam) said, “Whoever Allāh wishes good, He gives him understanding of the deen (religion).” [Al-Bukhari]

What helps a person in this is obtaining books and tapes by people of knowledge and accompanying them while performing Hajj. Likewise, it is helpful to accompany people who are familiar with places and times of different Hajj rituals.

3. Awareness of the Reality of Hajj and Wisdom of the Rituals
 
This is similar to khushu' (humble submission) in Solāt, for whoever has greater khushu` has a greater chance of his or her Prayer being accepted. Likewise with Hajj, the more one comprehends the reality and spirit of Hajj, the wisdoms and goals for which it has been ordained, and takes that as a means of correcting one’s creed and way, the more likely one’s Hajj will be accepted and the greater will be one’s reward. One will not be able to achieve this except by preparing and drowning in contemplation and research about the realities and wisdoms of Hajj. As for one who does not do this, it is feared that one’s action is a mixture of tourism and hardship.

Among the most important wisdoms and aims of Hajj that the pilgrim must be aware of are the following:

a. Realization of Taqwa. The goal of Hajj is realization of taqwa (piety, fearful awareness of Allāh). This is why we find the link between Hajj and taqwa in many verses: Allāh the Most Exalted Says: “And complete the Hajj and 'Umrah for Allāh…And fear Allāh…” [Al-Baqarah, 2:196]) “And take provisions, but indeed, the best provision is fear of Allāh” [Al-Baqarah, 2:197].

b. Affirmation of Tawhid. Hajj is based on making one’s intention sincere for Allāh Most High and seeking with one’s act the pleasure of Allāh and none other. Allāh says: “And complete the Hajj and 'Umrah for Allāh” [Al-Baqarah, 2: 196] and, within the verses speaking of Hajj, “So avoid the uncleanliness of idols and avoid false statement, inclining [only] to Allāh, not associating [anything] with Him” [Al-Hajj, 22: 30-31]. Likewise, in the Talbiyah, which is the slogan of Hajj, performing the rituals for Allāh Alone is made clear: “Labbaikallāhummalabbaik. Labbaika Lā sharīkalak Labbaik. Innal-hamda, wa-n-ni `mata, laka-wal mulk. La sharīka lak. [Here I am at Your service, O Lord, here I am. Here I am at Your service. You have no partners. Yours alone is all praise and all bounty, and Yours alone is sovereignty. You have no partners.]” [Al-Bukhari] Hajj is based on Tawhid (Oneness of Allāh), following the Messenger (Sallallāhu 'alayhi wa sallam), and not falling into syirik of obedience, as there is no place in acts of worship for any rituals based on desires.

c. Reverence of Allāh’s Symbols (Rites) and Sanctities. Among the most apparent of goals and wisdoms of Hajj is to cultivate in the servant an appreciation, esteem, and love of Allāh’s symbols and sanctities. Allāh Says: “That [is so]. And whoever honors the symbols [i.e., rites] of Allāh-indeed; it is from the piety of hearts” [Al-Hajj, 22:32].

d. Cultivation of Good and Praiseworthy Characteristics.

1) Decency and chastity. “Hajj is [during] well-known months, so whoever has made hajj obligatory upon himself therein [by entering the state of ihram], there is [to be for him] no Rafath” [Al-Baqarah, 2:197]. Rafath is sexual intercourse or sayings or actions that lead to it.

2) Suppression of anger, leaving of argumentation and disputes. Allāh Says: “and no jidal (disputing) during Hajj” [Al-Baqarah, 2:197]. 'Ataa' said, “Jidal is that you dispute with your companion until you anger him and he angers you.”

3) Gentleness, softness and calmness. When the Prophet (Sallallāhu 'alayhi wa sallam) heard strong rebuking, hitting, and shouting at a camel while moving from Muzdalifah, he said, “O people, you must be calm, for rushing and hurrying are not righteousness.” (Ahmad)


4) Concern for others. During Hajj, the servant is concerned not only about himself or herself, but he or she mixes with the pilgrim brothers and sisters and shares with them in clothing, recitation of Talbiyah, transportation, and acts.

5) Responsibility for one’s mistakes. This becomes evident in the case of obligatory atonement for one who makes an intentional mistake that violates the state of ihram, or leaves for Muzdalifah before sunset, etc.

6) Humbleness. This becomes evident in the unity between all pilgrims in rituals and feelings, and in the negation of traces of material differences between them, such as language, nationality, wealth, etc. The Prophet (sallallāhu 'alayhi wa sallam) said during his last farewell Hajj, “O people! Verily, your Lord is one, and your father (Adam) is one; verily the Arab is not superior to the non-Arab, nor the non-Arab to the Arab, nor the white to the black, nor the black to the white, except by taqwa (piety, fearful awareness of Allāh).” (Lata'if al-Ma'arif, 411)

7) Patience. The servant restrains himself or herself from desires by leaving acts that are prohibited while in the state of ihram, and also by leaving some permissible acts while not in the state of ihram. He or she exposes himself or herself to hardship and fatigue in fulfilling the orders of Allāh by performing the rituals so that this is a motive for leaving sins, doing righteous acts, and bearing inconveniences after Hajj.

8) Generosity and openhandedness. This is clear in the bearing the expenditures for the Hajj.

e. Reminder of the Last Day

Hajj reminds the servant of the Last Day and its states and conditions in a clear manner, including the following:

1) Departure from his or her country and separation from the family reminds the servant of the separation from them when leaving this world for the hereafter.

2) Removal of stitched clothing and lack of adornment reminds the servant of the shroud and resurrection of servants from their graves on the Day of Resurrection barefoot and naked.

3) Journey and fatigue remind the servant of weakness and hardship of the Day of Resurrection, to the point that some will drown in sweat to their necks.

f. Cultivation of Submission and Surrender to Allāh
 
The pilgrim is trained in the submission, surrender, and complete obedience to Allāh, the Lord of the worlds, as, for example, in the actions of Hajj, such as abandonment of stitched clothing and adornment, Tawaf, Sa’ie, standing on 'Arafat, stoning the Jamarat, and shaving or cutting of the hair, and other such matters that do not have an obvious meaning.

g. Deepening of Brotherhood Based on Faith and Islamic Unity
 
Pilgrims, with all their differences in tongues, races, and nationalities, gather in one place at the same time, in the same appearance, pronouncing the same call of Talbiyah, and for the same purpose: belief in Allāh The Exalted, fulfillment of His order, and leaving of sinfulness, all of which develops deep love between them, which, in turn, becomes a motive for them to know each other, to cooperate, exchange thoughts, advice, news and experiences, reinforcing in them uprightness upon the deen that joined them together and the performance of deeds to reach higher levels.

h. Strengthening the Attachment of Pilgrims to the Predecessors
 
Actions of Hajj remind of the past, from the migration of Ibrāhīm (peace and blessings be upon him) with his wife and infant to Hijaz, his story when he was ordered to sacrifice his son, his building of the Ka’abah, and his call to people to make Hajj. Likewise, Hajj is a reminder of the rising of our Prophet Muhammad (Sallallāhu 'alaihi wa sallam) and his farewell pilgrimage with more than 100,000 Companions, when he said to them, “Take from me your rites (of Hajj).” Since then ages have passed, and at the present time the number of pilgrims is more than a million. This causes the pilgrim to remember the generations that have witnessed this land before him and to remember that the final destination is the same for all.

i. Strengthened the Remembrance of Allāh
 
The servant who contemplates during the rituals of Hajj about Talbiyah, takbir (saying Allāhu Akbar), tahlil (saying Lāilāha illa Allāh), tasbih, duā’ [supplication, as well as the two revelations (Qur’ān and Sunnah) that speak about them, will find that an increase in remembrance of Allāh Most High is among the greatest wisdoms and aims of Hajj. Allāh says: “Remember Allāh at Al-Mash 'ar Al-Haram (Muzdalifah)” [Al-Baqarah, 2:198]. And the Prophet (Sallallāhu 'alayhi wa sallam) said, “Circumambulating of the house, [going] between As-Safa and Al-Marwah and stoning have only been legislated for establishment of remembrance of Allāh on the Earth.” [At-Tirmidzi]

4. Warning against Sinfulness and Falling into Error
 
One does not earn Hajj Mabrūr (an accepted Hajj) except by leaving sins. While falling into sin is prohibited at all times, Allāh gives a specific order to the pilgrims to leave sins. He says: “Hajj is [during] well-known months, so whoever has made Hajj obligatory upon himself therein [by entering the state of ihram], there is [to be for him] no sexual relations and no disobedience and no disputing during Hajj” [Al-Baqarah, 2:197]. This is due to the nobility of the time and the greatness of the place. Allāh says: “Whoever intends [a deed] therein [i.e., in Al-Haram] of deviation [in religion] or wrongdoing-We will make him taste of a painful punishment” [Al-Hajj, 22:25]. How could there be reward for one who commits sins?

The contemplation about the state of people during Hajj causes one to realize the many evil deeds and mistakes, which are the result of weak fear of Allāh, lack of consideration of the sacredness of the time and place, ignorance of the Syari'ah, and following customs. Perhaps among the most widespread evil actions and mistakes in Hajj are the following: intentionally committing prohibited acts while in the state of ihram without a valid excuse, harming Muslims with one’s sayings and actions, leaving of mutual advising and ordering of good and forbidding evil, delaying prayer from its due time, backbiting, slander, vain talk, argumentation, hearsay, extravagance, miserliness in spending, wasting food, bad behavior towards others, negligence with regards to sins such as listening to what is not allowed, uncovering what is not allowed to be uncovered, hurry or delay in performance of rituals, lack of observance of spatial limits that may not be overstepped in performance of actions of Hajj.

Who is more deprived than the pilgrim who sacrifices his or her soul and wealth, and leaves his or her previous state and adornment, and then returns with forbidden actions and the anger of the Merciful?

A poet said: He went to Hajj so that Allāh forgives his sins, And returned with even more sins

5. Striving hard in obedience of Allāh and proper use of time

In the verses about Hajj there are signs that exhort the servant to make a lot of righteous actions while performing the pilgrimage. Among them are the sayings of Allāh Most Exalted: “And whatever good you do, Allāh knows it” [Al-Baqarah, 2:197].

Perhaps among the most important righteous actions that the servant should do plenty of and keep busy with while at Hajj are the following:

a. Actions of the heart. Sincerity, love of Allāh, reliance on Him, fear of Him, hope in His reward, glorification and respect of Him, submission and surrender, expression of one’s need of Him, truthfulness in supplication, repentance, patience, being pleased with Allāh, tranquility, etc. are from the most important actions of the heart that the servant should occupy himself or herself with in the Hajj, for Islam is centered around them. Ibn Al-Qayyim said, “Whoever contemplates the aims and means of the Syari'ah will know the correlation between actions of the body and actions of the heart and (will understand) that the former are of no benefit without the latter.” (Bada'i`ul Fawa'id, 3/330)

b. Recitation of the Qur’ān, remembrance of Allāh, and seeking forgiveness. Allāh has ordered the pilgrims in the verses about Hajj to engage in remembrance (dzikir) and seeking forgiveness. It is related that the Prophet (Sallallāhu 'alayhi wa sallam) was asked, “What Hajj is the best?” He said, “That in which there is most dzikir (remembrance of Allāh).” (Al-Mu`jam al-Awsat by At-Tabarani)

c. Goodness towards people. It was said, “O Messenger of Allāh, which people are dearest to Allāh?” He said, “The dearest people to Allāh are those who are the most useful to (other) people.”

d. Call to Allāh. Ignorance, innovations, evil actions, and mistakes have widely spread among the pilgrims. It is obligatory upon scholars and da'ie (those who call people to Islam) to guide and advise others, ordering them to good and forbidding them from evil with wisdom, good exhortation, and arguing in a better way. Shuja' Ibn Al-Walid said, “I was making Hajj with Sufian, and his tongue hardly ceased to enjoin good and forbid evil, both while going and coming back.” (Siyar A'lam an-Nubala', 7/259)

e. Supplication. Hajj is one of the great occasions to ask Allāh the Most Exalted and to supplicate to Him. It is an occasion that requires one to use the opportunity and be submissive before Allāh. The Prophet (Sallallāhu 'alayhi wa sallam) said, “The best supplication is supplication on ‘Arafat.” [At-Tirmidzi]

“Those performing the Hajj and ‘Umrah are the delegates [guest] of Allāh, He who called them, they answered Him and they ask Him and He bestows upon them.” [Sahih al-Jami`, 3173]

6. Steadfastness after Hajj

The evidence of Hajj Mabrūr is steadfastness of the servant after Hajj in practicing righteous acts and leaving of sins. Al-Hasan Al-Basri said, “Hajj Mabrūr is to return abstinent from this world and desiring the hereafter. This is witnessed to in His saying: “And those who are guided-He increase them in guidance and give them their righteousness (taqwa, fearful awareness of Allāh, care to avoid His displeasure) [Muhammad, 47:17]."

So beware, brothers and sisters, of destroying what you build, dispersing what you gather, eliminating what you gain, regressing after guidance, and deteriorating after refining.

Remember that Hajj nullifies the sins that precede it and that because of Hajj you return in a state like that on the day your mother bore you. So beware of opposing Allāh with sins after this blessing.

Thus, open a new page in your life and fill it with righteous actions in steadfastness upon His "Ad-Deen".

[Via Islām.Com]

Restrictions During the Ihram

IOl Syari’ah Researchers

In the name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, the Lord of the Al-Alamin. May peace and blessings be upon His Messenger.

There are certain acts that are strictly forbidden for a Muhrim when donning the Ihram attire:

1. Sexual intercourse and all matters leading to it such as kissing, touching, or talking with one's wife about intercourse or related matters.

2. Committing sins that cause a man to deviate from the path of obedience to Allah.

3. Disputing, arguing or fighting with companions, servants or others.

3.1. The basis of this prohibition because Allah says: "Let there be neither obscenity nor wickedness nor wrangling in the Hajj" [Qur'an 2.197]. Abu Hurairah narrated that the Prophet SAW said: "He who performs Hajj, committing no obscenity, nor wickedness, nor wrangling, will return home free of sins as the day his mother bore him."[Bukhari and Muslim].

4. Wearing any sewn clothes, such as a shirt, hooded robes, cloak, underpants or wrapping anything around the head, a cap or a fez, etc. Likewise one is not permitted to wear clothes dyed with fragrant dye or to wear shoes or sewn slippers.

Ibn 'Umar reported that the Prophet SAW said: "A person in a state of Ihram is not allowed to wear a sewn shirt, a turban, a hooded robe, underpants, a cloth that has been dyed with sweet smelling fragrance (such as saffron), shoes or sewn slippers, unless one is unable to find regular unsown slippers, then one may wear his shoes provided one cuts them down to the ankles." [Bukhari and Muslim]

These restrictions apply to men only. As for a woman pilgrim, she may wear it above. But she is forbidden to use perfumed clothes, a veil that covers the face, and gloves. Besides these, they may wear anything else, any color, silk clothes, ornaments, trousers, or a shirt or shoes." [Abu Dawud, Al-Baihaqi and Al-Hakim]

'Aishah wore a dress that was dyed with `Usfur (Usfur: safflower, the red dyestuff prepared from its flower heads) while she was in a state of Ihram, and she said: "A woman must neither wear a veil to cover her face, nor wear clothes that are dyed with saffron or other fragrant dyeing material." Jabir said: "I do not consider `Usfur a scent." [Bukhari] ‘Aishah also held that there is no harm for women pilgrims in wearing ornaments, black or rose-colored clothes and shoes.

The Prophet SAW said: "A pilgrim woman must neither cover her face nor wear gloves." [Bukhari and Ahmad]

The scholars, however, say that there is no harm if she covered her face with something other than a veil. She may also use an umbrella or similar item as a screen between men and herself. But if she is afraid of tempting others she must cover her face.

'Aishah said: "Men on camels used to pass by us while we were with the Prophet SAW and in the state of Ihram. We would cover our faces with our gowns when they passed by us, and then uncover them again." [Abu Dawud and Ibn Majah]

A Man without Garb or Shoes for Ihram

A person who has no proper garb and shoes may wear whatever is available to him. Ibn `Abbas reported that Allah's Messenger SAW delivered a sermon at `Arafah saying, "A Muslim (pilgrim) who finds no suitable garb (for Ihram), may wear trousers, and if he finds no suitable slippers, he may wear shoes." This is in the case of a man who finds the garb either not available, or he has no extra money to buy them. [Ahmad, Bukhari and Muslim]

The permission to wear one’s shoes in case of not having suitable slippers is, according to the majority of scholars, conditional on cutting the shoes down to the ankles, for this makes shoes similar to slippers. These scholars conclude this from the above mentioned Hadith of Ibn `Umar in which reads: "If he does not find slippers and finds shoes, he should cut them down to the ankles." The Hanafi scholars hold that he who has no garb for Hajj must unsew his trousers before using them as a garb. But he who wears them as they are (without unsewing them) he must make atonement for doing so.

Malik and Ash-Shafi’e, however, are of the view that such a person may wear his trousers as they are, without incurring any penalty, as shown by a Hadith of Jabir Ibn Zaid from Ibn 'Abbas that the Prophet SAW said: "If a person does not find the garb for Ihram, he may wear trousers; if he does not find slippers, he may wear shoes after cutting them down to the ankles." [Nasa’i with a sound chain] Such a person must take off his trousers and put on a proper garb when and if he finds one. But if a person finds no proper upper Hajj garment, he should not wear his shirt, for unlike trousers one can do without it.

Contracting a Marriage, or Acting on Behalf of Others, or Acting as a Guardian for Someone.

Such a marriage contract is invalid, null and void, and is not binding as reported in a Hadith reported that 'Uthman Ibn 'Affan said: The Prophet SAW said: "A Muhrim must not contract marriage, nor help others contract marriage, nor get engaged for marriage." [Muslim and others]

Malik, Ash-Shafi’e, Ahmad, and Ishaq are also of the same opinion. They hold that it is not permissible for a Muhrim to contract a marriage and regard any marriage thus contracted as invalid. Tirmidzi has also reported it but without the words "nor get engaged for marriage." Tirmidzi considers it a sound Hadith and remarks that the Companions of the Prophet SAW practiced it.

Some reports say the Prophet SAW "married Maimunah while he was a Muhrim" are contrary to the report transmitted by Muslim that "he married her while he was no longer in the state of Ihram." Tirmidzi said: "There is disagreement concerning the marriage of the Prophet SAW to Maimunah, for he married her on his way to Makkah. Some said: 'He married her before he put on Ihram, but the news of his marriage became known while he was in the state of Ihram. He consummated his marriage in Saraf, on the road to Makkah; he was free from the restrictions of Ihram.'

Hanafi scholars, however, hold that a Muhrim may contract a marriage, because in the state of Ihram what is forbidden is not marriage with a woman, but only the consummation of marriage. Contracting a marriage is permissible, but intercourse is forbidden.

Clipping Nails, Shaving, Cutting or Removing Hair by any Means, from the Head or any Part of the Body.

Allah says: "And do not shave your heads until the offering reaches the place of sacrifice." (Surah Al-Baqarah, 2:196).

There is consensus among the scholars that a person in the state of Ihram is forbidden to clip his fingernails without any genuine excuse. However, if a nail is broken, one may remove it without incurring any penalty.

Removing the hair is permitted, if it becomes bothersome. In such a case one must pay atonement, except for the removal of hair of the eye if it bothers him. The Maliki scholars hold there is a penalty for removing hair of the eyes as Allah says: "And if any of you is ill, or has an ailment in his scalp (necessitating shaving), he should in compensation either fast, or feed the poor, or offer sacrifice." [Surah Al-Baqarah, 2:196]

Using Perfume on Body or Clothes by a Man or Woman.

Ibn 'Umar reported that `Umar smelled the pleasant smell of perfume coming from Mu`awiyah while the latter was in the state of Ihram. `Umar commanded him: "Get back, and wash it off. I have heard the Prophet SAW saying: 'A pilgrim must be unkempt and without any perfume." This is also reported by Al-Bazzar with a sound chain.

The Prophet SAW said: "Wash away the perfume that you are wearing." He repeated this thrice. The body of a deceased Muhrim should neither be perfumed during the washing, nor any perfume be applied to his shroud. Abu Hanifah, however, holds it is permissible. Concerning a Muhrim dying in the state of Ihram, the Prophet SAW said: "Do not cover his head, nor perfume his body, because on the Day of Resurrection he will be raised with Talbiyah on his lips." There is no harm, however, if some of the perfume used by a Muhrim on his body or clothes before entering the state of Ihram is left over.

It is permissible, however, to smell the things that are not planted for their scent such as apples and quince. These plants are similar to other plants that are not planted for their scent, nor are it extracted from them.

As for the perfume that one may acquire from touching the Ka’abah, there is no harm. Sa`id Ibn Mansur reported that Salih Ibn Kaisan said: "I have seen Anas Ibn Malik in the state of Ihram, while some perfume from the Ka’abah was rubbed on his Hajj garb, but he did not wash it off." Ata said: "Such a person does not have to wash it off, nor does he need to make any atonement." The Shafi’e school holds that if someone purposely did so (applied perfume), or was accidentally perfumed, and he could wash it off, but he did not do so, he would be committing a wrong for which he will have to pay a penalty."

Wearing Clothes Dyed with Scented Material

There is agreement among scholars that wearing a Hajj garb dyed with a scented material is disallowed unless it is washed and its smell removed. Nafi`i reported from Ibn `Umar that Allah's Messenger SAW said: "Do not wear (while in the state of Ihram) any clothes dyed with warse or saffron without washing them." This is reported by Ibn Abdul Barr and At-Tahawi.

It is not accepted for those in leading positions in life, because the masses may imitate them and wear scented clothes which are not permitted. Malik has reported from Nafi` that he heard Aslam, the freed-slave of `Umar Ibn Al-Khattab, saying to ‘Abdullah bin ‘Umar: "`Umar bin Al-Khattab saw Talhah Ibn `Ubaidullah wearing a dyed garb in the state of Ihram. At this `Umar said to him: 'O Talhah, what is this garb!' Talhah replied: 'O chief of the Faithful, this is dyed with a reddish dye (that has no smell)." `Umar said: "O People! You are leaders for others. If a layman saw you wearing this garb he would say: "I saw Talhah Ibn `Ubaidullah wearing dyed garb in the state of Ihram. O People! Do not wear any of these dyed garbs."

There is no harm, however, in using some scent in cooking or drinks when its taste, color or smell is eliminated. If a Muhrim partakes of it, he does not have to make any atonement. The Shafi’e school holds that partaking of such food or drink makes atonement necessary if the smell persists.

The Hanafi school is of the view that that there is no penalty on him, because he did not partake of it to enjoy its perfume.

Engaging in Hunting

A Muhrim may fish, eat sea game, or mention any kind of seafood. It is forbidden, however, for a Muhrim to hunt on land, by killing or by slaughtering. It is also forbidden for a Muhrim to point it out if it is visible, or indicate its place if it is invisible, or scare it off. It is also forbidden for him to spoil eggs of animals living on land. Buying, selling them, or milking these animals is also forbidden in the state of Ihram. Allah says: "Lawful to you is the pursuit of water game and its use for food - for the benefit of yourselves and those who travel; but forbidden is the pursuit of land game - as long as you are in the Sacred Precincts or in pilgrim garb.'' [Surah Al-Maidah, 5:96]

Eating Game-Meat

A Muhrim is forbidden to partake of any land game prepared for his sake, at his suggestion or with his help. Abu Qatadah reported that Allah’s Messenger SAW went for Hajj and they also went with him. The Prophet SAW dispatched a group, including Abu Qatadah, and told them: "Follow the seashore until we meet again." All of them except Abu Qatadah were in the state of Ihram. On the way, they saw a herd of zebras. Abu Qatadah attacked them and killed a female zebra. They all ate of its meat but said: "Is it permissible for us to partake of this land game in the state of Ihram?" Then they carried the rest of the meat to the Prophet, peace and blessing be upon him, and told him the whole story. The Prophet SAW said to them: "Did any one of you ask Abu Qatadah to attack the herd, or point it out to him?" They said: "No." He said, "Then, you may eat what is left of the quarry." [Bukhari and Muslim]

A Muhrim may eat the meat of a game which is neither killed by him, nor for him, nor pointed out by him to someone else, and in the hunting of which he did not help others.

Al-Muttalib reported from Jabir that Allah's Messenger SAW said: "The (eating of) game meat is lawful for you in the state of Ihram provided you yourselves do not kill it but it is killed for you (by someone else)." This is reported by Ahmad and Tirmidzi, who said: "Jabir's Hadith is explanatory, but we do not know the narrator who reported it from Jabir to Al-Muttalib." Some of the scholars follow this principle and consider that eating meat of land game is lawful for a Muhrim if he does not hunt it, nor is it hunted for his sake. Ahmad, lshaq, Malik and the majority of scholars hold a similar view. Ash-Shafi’e said: "This is the best and the most correct Hadith reported on this issue."

The eating of a game hunted by a Muhrim or for a Muhrim is unlawful for him, whether it is done with or without his permission. But, if someone else who is not in the state of Ihram, hunted it for himself, and offered or sold some of it to a Muhrim, he is permitted to partake of it.
Abdur-Rahman Ibn 'Uthman At-Taimi reported: "We went for Hajj with Talhah Ibn ‘Ubaidullah. While we were in the state of Ihram, some meat of birds was given to Talhah. He was asleep. Some of us ate of this meat, while others refrained. When Talhah woke up (and was told about this) he approved of those who had eaten it and said: "We used to eat such meat while we were with Allah's Messenger SAW. [Reported by Muslim and Ahmad].

Other hadith forbid it such as the one reported from As-Saab Ibn Jathamah Al-Laithi which says: "Someone presented meat of a zebra to the Prophet SAW, while he was in the area known as Al-Abwa or Bawaddan. The Prophet SAW, declined it, but when he saw marks of disquiet on the presenter's face, the Prophet SAW said to him: "We declined (your) present only because we are in the state of Ihram."

Considering the assumption behind declining the meat--that it was hunted for the sake of those who were in the state of Ihram--these Hadith can be reconciled. The people who were not in the state of Ihram meant to hunt for those who were in the state of Ihram. Ibn Abdul Barr said: "The argument of those holding this view is that it is supported by sound hadith on this subject. When taken in this sense we find no contradiction or disagreement in these Hadith. All Sunan should be interpreted in this manner. They do not contradict or disagree with each other when applied in their proper contexts. Ibn Al Qayyim prefers this opinion, and says: "All the traditions of the Companions approve of this course."

Clipping Some Hair Only.

'Ata reported that if a person in the state of Ihram pulled off three hairs or more, he must slaughter a sheep in compensation for that. This was reported by Sa'id Ibn Mansur. Ash-Shafi’e also reported from 'Ata that if a Muhrim pulled one hair he must give one Mudd (A dry measure), and for two hairs two Mudd to the needy, but if he pulled more than two hairs then he must offer a sheep in sacrifice.

Rubbing Oil on the Body in the State of Ihram.

It is said in Al-Musawwa that according to Abu Hanifah if a Muhrim massages any part of his body with pure oil or vinegar he must slaughter a sheep in expiation for it. The Shafi’e school is of the view that if a Muhrim used un-perfumed oil on his head or beard, then he must slaughter a sheep, but there is no penalty if he uses it on any other parts of his body.

Wearing Sewn Clothes or Applying Perfume by Mistake or in Ignorance.

A Muhrim who wears a sewn garment or uses perfume by mistake or through forgetfulness or ignorance of their inadmissibility incurs no penalty.

Ya'la Ibn 'Umayyah reported that a man came to the Prophet SAW while he was at Al-Ju`ranah. The man was wearing a cloak and both his head and beard were dyed and perfumed. He said: "O Allah's Messenger! I declared my intention for an `Umrah, but I did what you see!" The Prophet SAW said to him: "Wash your hair and beard, and take off your cloak, and do in your 'Umrah what you should do in your Hajj.'' [Reported by the Group except Ibn Majah]

Bukhari reported that `Ata said: "If a Muhrim uses perfume or wears sewn clothes, forgetfully or unknowingly, he incurs no penalty, nor is he required to make any atonement." This is different however, from the case of killing a game - unknowingly or forgetfully - for which a Muhrim must slaughter a sheep in compensation, because it involves a monetary guarantee. In matters relating to security of property, knowledge and ignorance, forgetfulness and intention, are all the same, as it is in the cases of guarantee pertaining to people’s property.

Sexual Intercourse Nullifies Hajj

'Ali, Umar and Abu Hurairah issued a verdict concerning a man who had sexual intercourse with his wife in the state of Ihram. In this verdict they said: "They both must complete their Hajj, but must also make another Hajj the following year and slaughter an animal."

Abu Al-'Abbas At-Tabari said: "If a Muhrim had sexual intercourse with his spouse before the first Tahallul from Ihram, regardless of whether it was before or after `Arafah, it will invalidate his Hajj. Such a person, however, must continue performing the rest of his Hajj rites. He must slaughter a camel and make up for his Hajj the following year."

If the wife was in the state of Ihram and she accepted what her husband did, she must continue the performance of Hajj, but must also make it up the following year, and besides, according to the majority of the scholars, must also offer a sacrifice. According to `Ata, some scholars hold that the husband and wife may offer only one sacrifice.

In his commentary on Hadith, Sharh Al-Sunnah, Al-Baghawi said - and this is the more famous of the two sayings of Ash-Shafi’e - that a man is required to pay the penalty for sexual intercourse on a day in Ramadhan. Such a couple should keep apart (Doing so is mandatory according to Ahmad and Malik, but the Hanafi and Shafi’e schools take it as a recommendation) when they go to make the next Hajj (in compensation for the first one) lest they should repeat what they did before.

If such a man is unable to slaughter a camel, then he may slaughter a cow. If he cannot afford it, then he may slaughter seven (7) sheep. And if he is even unable to do that, then he may estimate the value of the camel, and distribute food of that amount among the poor and needy people, so that every person receives one Mudd. If he is unable to do so, then he should fast a day for each Mudd thereof.

The scholars said: If a Muhrim had sexual intercourse with his spouse before the Day of 'Arafah, then his Hajj will be null and void, and he will have to offer in sacrifice a sheep or one-seventh of a she camel. But if he did so after the Day of `Arafah, his Hajj will not be invalidated, but he will have to slaughter a camel.

In case such an act is committed by a Qarin pilgrim - one combining Hajj with `Umrah - he must make up for this Hajj Qarin with another Hajj Qarin and offer another sacrifice just as the pilgrim performing Hajj only does.

Sexual intercourse, if it happens after the first break in Ihram (following throwing pebbles and shaving one's head at Mina), does not invalidate Hajj nor does it require Hajj to be repeated later. This is the view of most of the knowledgeable people. But others hold that making up Hajj and offering a sacrifice is mandatory. This is the opinion of Ibn `Umar, Al-Hasan, and Ibrahim.

There is also disagreement as to what animal is to be offered in sacrifice, a sheep or a camel?

Ibn `Abbas, `Ikrimah, and 'Ata are of the view that it must be a camel; this is also one of the opinions of Ash-Shafi’e. According to a second opinion of Ash-Shafi’e, a sheep must be offered in sacrifice. Malik agrees with this second opinion.

A Muhrim, who had a wet dream or ejaculated by thinking about or looking at a woman, incurs no penalty, according to the Shafi’e school.

These scholars, however, hold that if one kisses or touches his spouse with a sexual desire, he must offer a sheep in sacrifice regardless of whether he ejaculates or not. Ibn `Abbas holds that such a person incurs penalty and he must slaughter a sheep.

Mujahid said: "A man came to Ibn 'Abbas and said to him: 'Such and such a woman came to me with all her make up while I was in the state of Ihram. I could not control myself, and ejaculated. (What should I do?)' Ibn 'Abbas laughed until he fell on his back and said: 'You are very lustful. There is no harm. But you must slaughter a sheep. Your Hajj is complete'." This was reported by Sa'id Ibn Mansur.

Penalty for Violating Sanctity of Ihram

A Muhrim who for a genuine reason is compelled to violate any of the restrictions of Ihram, like shaving his head, wearing sewn clothes because of cold or heat or something else, with the exception of having sexual intercourse with his spouse, he may do so, but he will have to slaughter a sheep, or feed six needy people, (Each needy person should be given at least the equivalent of half sa in measure) or fast three days to atone for it.

Violation of restrictions of Ihram other than sexual intercourse does not invalidate Hajj or 'Umrah. Sexual intercourse with one's wife invalidates Hajj or `Umrah. Abdur Rahman Ibn Abi Laila reported from Ka'ab Ibn 'Ujrah that Allah's Messenger SAW, passed by him while in Hudaibiyah and said, "Are the lice in your head bothering you?" He said, "Yes." The Prophet SAW said, "Shave your head and slaughter a sheep, or fast three days or give a measure of three Sa` of dates to six needy people." [Bukhari, Muslim and Abu Dawud] In another report the same narrator says: "Lice infested my hair and bothered me, while I was with Allah’s Messenger SAW during Hudaibiyah. It got so bad that I was afraid of losing my sight. Then Allah revealed the verse "And if any of you is ill or has an ailment in his scalp (necessitating s.v having) (he should) in compensation either fast or feed the poor or offer sacrifice." [Surah Al-Baqarah, 2:196] Upon this Allah's Messenger SAW called me and said: "Shave your head, or fast three days or feed six poor persons one Farq (A measure commonly used in Madinah at the time of the Prophet, it is roughly equivalent to sixteen Iraqi rotl) of raisins, or slaughter a sheep." So I shaved my head and slaughtered a sheep."

With regard to penalty Ash-Shafi’e makes no distinction between a Muhrim who is compelled to violate Ihram by some genuine need, and one who does so without any genuine cause. In either case penalty must be paid to atone for violation. Abu Hanifah holds that a person who violates the Ihram restrictions without genuine cause must offer a sheep to compensate for his violation, if he can afford it. A person who cannot afford this does not have to make any atonement as mentioned above.

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