Jamiatul Ulama (Council of Muslim Theologians), Johannesburg

Jamiatul Ulama

Online Newsletter

Vol.: 2 No.: 25

11 Jumadal Ukhrâ 1428 / 27 June 2007

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Weekly Comment

Creating a Reason?
On the 23rd of April the Washington Post quoted a statement made by an unnamed Pentagon official wherein it is said that: “Another [9/11 type terrorist] attack could create both a justification and an opportunity that is lacking today to retaliate against some known targets.”

Reports from inside the USA indicate that the media there is slowly but surely building a case for war against Iran. An article published by Global Research indicates that there is a growing consensus in the American media that US homeland security is currently threatened by so-called Islamic terrorists who are supported by Tehran and Damascus. It is alleged that the current threat of a terrorist attack on the USA may be carried out by a group, or groups, that possess nuclear capabilities.

It is surprising that the military nightmare the USA already finds itself in, in Iraq, is not putting a damper on the war talk emanating from the US government. Would-be terrorists will supposedly target US cities with radiological dispersion devices, or dirty bombs.

It is for obvious reasons that we must be sceptical about such claims, but if this proves to be yet another case of seeking a pretext for pre-emptive war, then there is a need to be vigilant.

The Send Off... The Welcome
Tony Blair officially hands in his resignation to the Queen, today. His term of ten years in office will have reached its end. On the eve of his departure, the ‘Middle-East Quartet’ seem to be in the process of appointing Blair as a special envoy of the Quartet to the Middle East.

What would fall within the ambit of the tasks and responsibilities of such an envoy is blurred. What is the reason for the suddenly perceived need for the immediate appointment of such an envoy is also most peculiar. The choice of Blair as even a candidate for such a position is more than strange or outlandish.

Blair’s legacy in Iraq speaks for itself. He is so much in agreement with Bush that even Bush cannot unequivocally deny his ‘subservience’ to him. Bush says; “ I've heard he's been called Bush's poodle. He's bigger than that. … "We are working together to achieve global peace in the face of enormous danger. … We found each other in the same foxhole". Blair is known to be pro-Israel. He refused to condemn Israel's bombardment of Lebanon in 2006, he did not support the Makkah Agreement and was wholly supportive, if not instrumental, in establishing sanctions on the Hamas dominated Palestinian State, democratically elected by the people of Palestine. He is clearly not objective and has close friends that are putting him into the position of ‘special envoy’ – such close friends who themselves are dictated to by Israel and the Jewish lobby in the USA. Blair is justifiably not considered to be a friend by the Arab world or Muslim population of the world.

Why would he then be considered for the post? People often say: ‘In today’s world it’s not what you know, it’s who you know’. They also often say, “You scratch my back and I scratch yours”. When Bush’s term comes to an end, one wonders what Blair will nominate Bush for.

Summit in Egypt
Egyptian President Hosni Mubarak facilitated a summit that was strange in many respects. Among the aspects that were strange were:
- the manner of calling the summit.
- the guest list, who was included and who was excluded.
- the change is Egypt’s views pre and post summit.

Who is on whose side?

Israel as Armour-Plated Victim - A Response to Warren Goldstein – Chief Rabbi of South Africa
Rabbi Goldstein may be correct in one thing, which is that ‘humans do on occasion make monumental mistakes’. Thinking that the earth is flat is a good example, but claiming that the State of Israel is the victim of Arab nationalist expansionism, and net recipient of violence, may prove to be another.

The attempt at drawing parallels between the ANC, and the militarised state of Israel, is an oblique comparison between apples and lemons. The Rabbi’s argument is definitely unique, and it may yet prove to be a historical first to compare the ANC as liberation movement, with the state of Israel. The comparison between the state of Israel and the apartheid regime remains the best and most intellectually sound reference to be drawn in an attempt to understand the Palestinian predicament.

Click here to read the rest of the response submitted by the Jamiatul Ulama to the Sunday Times last week.

C O N T E N T S

Summarised Jumuah Bayaan
Question and Answer
Update
Message from the Ameer

I N F O R M A T I O N

Min. Mahr

R 108.54

Mahr Faatimi

5,427.04
Zakaat Nisaab R 2,170.81

Words of Wisdom

Hadith of the Week

Watch over Desires


Abu Ya'la ibn Shaddad ibn Aws Radhi-Allâhu `anhu narrates that the Prophet Sallallâhu `alayhi wa sallam said: A wise person is one who keeps a watch over his bodily desires and passions, and checks himself from that which is harmful and strives for that which will benefit him after death; and a foolish person is one who subordinates himself to his cravings and desires and expects from Allah the fulfilment of his futile desires. (Tirmidhi)

Quotation for the Week

Bitterness of
Dependency


I have tasted bitterness of all kinds, but nothing is more bitter than dependence on others. (Luqman `Alayhis salam)

Point of Reflection

Vice

 

Evil enters like a needle and spreads like an oak tree. (Ethiopian Proverb)

 

Q and A


Question:
Is it permissible for a Muslim to sell alcohol in a shop to non-Muslims, or to serve alcohol to non-Muslims in a restaurant?

Answer:
It is not permissible for a
Muslim to deal in alcohol under any circumstances whatsoever, whether it implies buying or selling or serving alcohol, or in any other context, even though
it may be to non-Muslims.
Verses 90 and 91 of Surah Maaidah very emphatically and categorically pronounces the
strict prohibition and abstinence therefrom, and classifies
alcohol as filth and an abomination from shaytaan’s handiwork.

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U P D A T E
Young Ulama Programmes
In keeping with the Jamiatul Ulama policy of providing programmes to continuously upgrade skills of young Ulama, a workshop on Medical Ethics, took place last Saturday. The Programme was attended by over 50 Ulama and positive feedback was received from attendees. Issues such as family planning, contraceptive methods, infertility, passive and active euthanasia were discussed.

Middelburg Youth Convention
The regional Youth Convention organised by the Jamiatul Ulama and the Middelburg Youth Group took place last Sunday. The Programme was attended by over 600 youth, who benefited from the wide range of programmes including; a presentation on safe driving, lectures from various scholars, qiraa’at and anaasheed, an interactive session called mind-games, a debate and other programmes.

Article in Star
The Rand, a US-based think tank recently published a paper entitled “Building Moderate Muslim Networks’ in
which they propose co-opting on ‘moderate Muslims’ in a bid to counter ‘extremism. The authors of the paper
are pulling a template from the Cold War era advocating its use in dealing with the ‘extremist’ tendencies of Muslims. An article written in response to this paper appeared in the Monday 25 June 2007 edition of the Star newspaper. This article entitled ‘Cannot Equate Cold War foes with Muslims’ can be read <here>.

Summarised Jumu’ah Bayaan:

Inheritance
Allah Azza wa jalla says in the Holy Qur’an: "… there is a share for men and a share for women, whether the property be large or small. A share made compulsory."

Rasulullah Sallallahu ‘alaihi wa sallam says: "Learn the laws of inheritance and teach it to people, for it is half of knowledge".

In the Arabic language, Inheritance is known as ‘Fara-idh', which is the plural of ‘Fareedah', which means something that has been fixed, set or determined. Knowledge of inheritance is known as ‘Fara-idh' because it has been fixed by Allah in the Holy Qur'an.

Our beloved Prophet said regarding learning Islamic inheritance and its importance:
“Indeed I am a man who will be taken away, therefore learn Fara-idh and teach it. The time of the disappearance
of knowledge will come close, when two persons will dispute regarding an Islamic ruling and they will find no one
to decide the dispute.”
“Learn Fara-idh and teach it, indeed it is half of knowledge.”
“It is my way and it is the first thing that will be taken away from my Ummah.”
The Holy Qur'ân states "AIlâh has purchased from the believers their persons and their wealth in lieu of Jannah."

Man is a trustee of the wealth that he owns for he duration of his life. When his term of life expires, his
trusteeship over his wealth and property expires. It has then to be redistributed in accordance with the directive of The Absolute Owner - Allâh Ta'âla. Directives regarding the distribution of wealth after the demise of the provisional owner are explicitly detailed in the Holy Qur'ân.

The Qur'ân has fixed the shares of each individual, which cannot be altered or changed. The share of each heir is binding in the same way as the number of rakâts are binding in Salâh. Any, attempt to alter the heirs of their fixed shares is tantamount to challenging the wisdom and directive of Allâh Ta'âla.

Importance of a Will - "It is not right for a Muslim that two nights (and in one narration) three nights pass on him, but that his will be written, if he has something to make a will for."

The Virtues of Making a Will - "He who dies on his wasiyat (having made a will) dies on a (clear) path (i.e a clear path, leaving no disputes or unresolved issues for his family and making the distribution of the estate easy), he dies on sunnat, on the fear of Allah, martyrdom and he dies forgiven.

Warning for Not Having Made a Will - "A person denied of reward (i.e. that great reward as mentioned in the previous hadith) is he who has been denied (the toufieq) of making his will".

Punishment for Not Having Made a Will - "Not making a will is a fault in the world. If a person did not clarify all his matters in his will, people will curse him and find fault in him that he did not write down that he was owing us, or that he was holding our amaanat, etc. In the hereafter he will be in the fire and disgrace for not having revealed and or clarified all his financial matters and thereby causing harm to the rights of the people.

Common Errors
• A daughter is given a substantial gift at the time of nikâh and is then excluded from the estate;
• The testator stipulates that all his assets go to his wife after his demise and after her demise to their children;
• Certain children for various reasons are excluded from the estate; and
• A testator bequests shares in accordance to his discretion and not in accordance with the law of Allâh Ta'âla.

Matrimonial Regime
Islamic marriages are governed by an ante-nuptial contract. Marriage in community of property is not consistent with the Islamic Law of inheritance.

An un-Islamic Will
If a person has left a Will that contravenes the Shari'ah, it is incumbent on the heirs to redress the inconsistencies. They are obliged to forego their legal shares in favour of their Islamically determined shares.

A Gift during your Lifetime
Observing equality in parental gifts or grants to children is preferable but not binding. If a parent elects to divide his estate in his lifetime to avoid potential dispute after his death, then the lifetime transfers will be regarded as gifts or grants, in which case he should preferably observe equality.

Record of Liabilities and Assets
Nabî Sallallahu alayhi wa sallam has said: "It does not befit a believer who is (obliged) to make wasiyyah to spend (even) two nights without making a record thereof."
A Muslim is obliged to keep a record of the following:
• Debtors
• Amanah [Items entrusted for safe-keeping]
• Unfulfilled religious obligations
• Creditors

Legal Requirements
• The Wills Act of 1953, as amended governs the execution of the Will.
• Any person of the age of 16 or over may make a Will.
• No beneficiary may sign as a witness.
• The testator/testatrix as well as the same witnesses who attest at the end of the Will, all being present must
sign every page of the Will.

The Consequences of a Wrong Will
Nabî Sallallahu alayhi wa sallam has said: "A man or woman may devoutly obey Allâh for sixty years. Yet when death approaches them, they act wrongfully (when making their will). As a result the fire becomes binding upon them."
May Allâh grant us the foresight to enact His Law and the humility to accept it as the ultimate.

Acquire your copy of the Islamic Will and Testament (with detailed explanatory notes)
from any of the Jamiat Offices for only R25.00

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Message from the Ameer of the Jamiatul Ulama

Brrrr... Beautiful Snow
Last night, people woke their children, who were sleeping peacefully, in the middle of the night. They quickly layered them with warm clothing, hurriedly dug out hand gloves and rushed them into a dark night, lit up with beautiful snow. It was stunning. The children looked on excitedly at the snow, and at the excitement of their parents. Together the parents and the children made snow-balls and threw them at each other. In the depth of the night, they made snowmen, and ran around, sliding and falling all over themselves in pure, simple moments of delight.

Some of the children may have wondered what the fuss was all about – they had seen snow so many times before, either on their globe-trotting holidays or on TV; some may have wondered where these lovely parents they saw today were every other day, while others were genuinely lost in their moment of fun. After a long while,
everybody went back in and flopped into their comfortable beds, with heaters around surrounded by warm and fuzzy thoughts and feelings of love for each other.

How wonderful would it not be if we could spare more time to spend with our children, in the enjoyment of the beautiful creation of Allah, in their individual interests, in daily activities and in the worship of Allah. Maybe we can even share moments with our children in taking them to assist those in need.

While we enjoyed the snow, the morning news reports indicated that a man had been found dead as a result of
his exposure to the extreme cold. He, probably also looked on in astonishment at the snow; he was probably also excited at having seen snow for the first time in his life; he probably also felt the snow and threw a few snowballs. He however did not have the luxury of a warm home to run back into, or a blanket to snuggle up in, and clearly
not a family member to ‘love’ him to sleep. He really ‘felt’ the snow, he experienced it’s beauty, and probably breathed his last cursing it and also cursing those around him that had so much, but refused to share.

Sometimes in our frivolous pursuits and enjoyments we forget the broader picture. We tend to wear blinders and not see the whole, but rather focus on the narrow, directly in front of us.

Local organizations are constantly engaged in assisting the less-advantaged. Find out from them how you can help. Purchase some blankets or food and take it yourself, with your children, to the poor in your area.

May Allah Subhanahu wa ta'aala guide us in seeing and understanding things in the correct perspective. May He guide us to appreciate the favours upon us and may He help us share of those things he has entrusted us with. Aameen.

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