Jamiatul Ulama South Africa (Council of Muslim Theologians), Johannesburg

Jamiatul Ulama South Africa

Online Newsletter

Vol.: 3 No.: 28

12 Rajab 1429 / 16 July 2008

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Weekly Comment

ICC Seeks Arrest of Omar al-Bashir
The statement of the prosecutor of the International Criminal Court regarding Sudanese President Omar al-Bashir is strange, illogical and simply without sense. His decision to call for charges and the indictment of al-Bashir on charges of genocide, war crimes and crimes against humanity must be questioned in terms of its timing, integrity, plausibility and impact on the current situation in the region and the world. What he hopes to achieve is simply obscure from the minds of any sane or intelligent person.

The move of the ICC can only create problems on the ground. The UN and AU currently have forces on the ground in Darfur. The widespread rallying of the general people of Sudan behind al-Bashir through marches and protests show that the existence and work of these UN and AU forces could be negatively affected and even threatened.

The ramifications of the call, if transformed into an arrest warrant are immense. Sudan is not a signatory to the existence and powers of the ICC and therefore considers the actions of the ICC to be beyond their jurisdiction. It is for this reason that the Sudanese refused to hand over Sudanese persons for whom warrants were issued by the ICC in the past. In the present scenario, if the ICC issues a warrant of arrest for al-Bashir, it is crystal clear that he will not be handed over. What then is the purpose of the current move?

The implications of a warrant of arrest, however, stride into other areas. Countries subscribing to the ICC would be obliged to arrest al-Bashir if he were to travel to their shores. The relationship between countries who have ties with Sudan, under the leadership of al-Bashir, would also come into question.

While understanding the current situation, the issue of the Sudanese crisis must never be put out of perspective. Even though one may agree that the numbers have been inflated and killings made to look more gruesome by the Western media the truth cannot be concealed. Wrong is wrong and can never be condoned. The reality that there has been a systematic ethnic conflict of Arab Janjaweed vs. those classified as African tribes cannot be ignored. The killing of innocent persons can never be looked upon in any light other than that it is a crime. Allah azza wa jalla states in the Qur’an “… if anyone slew a person unless it be in return for murder or for spreading mischief in the land it would be as if he slew the entire humankind… (5:32).

In conclusion, it must also be noted that this is the first time that charges such as these have been laid against a sitting head of state. Finally, the ICC should not stop with al-Bashir as many would wonder why people such as Bush have not been questioned or called to book for what his direct actions and decisions have had in Iraq and other parts of the world.

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

R174.04

Mahr Faatimi

R 8,702.14
Zakaat Nisaab R 3,480.85

Words of Wisdom

Hadith of the Week

State of the Ummah

Narrated Thawban Radhi-Allahu anhu: “The Prophet Sallallahu ‘alayhi wasallam said: ‘The people will soon summon one another to attack you as people when eating invite others to share their dish.’ Someone asked: ‘Will that be because of our small numbers at that time?” He replied: ‘No, you will be numerous at that time: but you will be scum and rubbish like that carried down by a torrent, and Allah will take fear of you from the breasts of your enemy and cast wahn into your hearts.’ Someone asked: ‘What is wahn The Prophet of Allah Sallallahu ‘alayhi wasallam?’ He replied: ‘Love of the world and dislike
for death.’”
(Sunan Abu Dawood)


Quotation for the Week

Eternal Dimension

Be not entangled in this world of days and nights; Thou hast another time and space as well. (Allama Muhammad Iqbal)

Point of Reflection

Temporal Reprieve

They catch up with a liar sooner than with a limping dog. (Hungarian Saying)

Q and A
Question: Is it permissible for a person who performs salaah on a chair to put his chair next to the muezzin immediately behind the imam for the fardh salaah and a masjid? This is in a situation when the jamaah is big not a few mussallees?

Answer: We advise that Musallis that are validly unable to make Qiyaam read their Salaah whilst sitting on the floor. Furthermore, if a person is not at all in a position of performing his Salaah whilst sitting on the floor and making Sajdah on the ground then he will be permitted, as a last resort, to read his Salaah in any other position that is bearable for him.

In the enquired instance, we would advise that such a person (whose medical condition validly allows him to perform Salaah in this manner) performs his Salaah at the sides of the congregation due to them inconveniencing fellow Musallis. Added to this, there is also apprehension that the position behind the Imaam with a chair should become a common trend and eventually a hallmark of congregational Salaah. According to Mufti 'Abdur Raheem Lachpori Rahimahullah it is preferable for the Mu-adh-dhin to offer the Takbeer whilst standing behind the Imaam.

[Shaami Vol. 1 Pg. 532 & 786, Fataawaa Raheemiyyah Vol. 7 Pg. 264, Vol. 5 Pg. 145]

And Allâh Ta’âla Knows Best.

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U P D A T E

Overcoming the Torment of Drug Addiction
The East Rand Branch office of the Jamiatul Ulama based in Benoni will host a Ladies’ Only symposium on “Overcoming the Torment of Drug Addiction.”

The programme is scheduled to start at 2:15pm on Friday 18 July 2008. The venue of the programme in Bazme’ Adab Hall on Loonat Street in Actonville, Benoni.

All women are invited to attend.

Third International Halaal Conference
South African National Halaal Authority (SANHA) will be hosting the Third International Halaal Conference under the theme "Raising Halaal to new heights." The conference is scheduled for Monday, 21 July 2008 at Gallagher Estate, Midrand which is running concurrently with the Africa Big 7 Exhibition.

The conference is a perfect opportunity for individuals to meet other certifying bodies, organisations, industry, scholars and Ulama, insha-Allah.

Contact SANHA on 011 870 8000 for details about the conference.

Summarised Jumu’ah Bayaan:

Marriage
“And among His (Allah) Signs is this, that He created for you wives from among yourselves, that you may find repose in them, and He has put between you affection and mercy. Verily, in that are indeed signs for a people who reflect. (30: 21)

“Marry women of your choice, two, three, or four; but if you fear that you shall not be able to deal justly (with them), then only one or (the captives and the slaves) that your right hands possess. That is nearer to prevent you from doing injustice.” (4:3)

• Allah Ta’ala has created men and women from the same matter, but they are different in terms of character, habits, and physical features. The wisdom for this is so that they may find tranquility in each other.

• The aforementioned verse has declared that the object of married life is the acquisition of peace of mind. This could be achieved only when there is a mutual recognition of each others rights and a sincere effort to fulfill them.

• For this reason, wherever the Qur’an cites any injunction relating to the social life of Man, it is coupled with the command of ‘Fearing Allah’ as a complement to such injunctions.

• Ibn Abbas radhiyallahu anhu is quoted to have mentioned that no divine service becomes complete without marriage. To marry for the correct reasons assists one in completion of religious responsibilities. In a hadith Rasulullah salallahu alayhi wasalam is reported to have stated, ‘When a man marries, he has fulfilled half of his religion, so let him fear Allah regarding the remaining half.’ (Baihaqi)

• Another narration of a hadith reads, ‘Nikah (marriage) is a practice of my Sunnah.’ Furthermore, ‘He who shuns my Sunnah is not of me.’ (Muslim)

• Rasulullah salallahu alayhi wasalam while advising the youth said, ‘O young people! Whoever among you can support a wife should marry, for that is more modest for the gaze and safer for your private parts.’(Muslim and Bukhari)

• Among the many advices of Rasulullah salallahu alayhi wasalam delivered during the Final Hajj (Pilgrimage), he said, “…O people, it is true that you have certain rights with regard to your women, but they also have rights over you. If they abide by your rights, then to them belongs the right to be fed and clothed in kindness. Do treat your women well and be kind to them, for they are your partners and committed helpers. And it is your right that they do not make friends with anyone whom you do not approve (of), as well as never to commit adultery …”

• Imam Ghazali makes mention of five salient benefits of marriage:
1. To have children.
2. To control ones carnal desires.
3. To acquire peace of mind.
4. To increase ones divine servitude to Allah.
5. To earn the reward of fulfilling the rights of a family.

• A marriage could be compared to a beautiful and well-maintained garden which is well appreciated and valued. However, weeds often become a problem and threaten to spoil the beauty of the garden. If these weeds are ‘nipped in the bud’ i.e. removed as soon as they become apparent, they can easily be uprooted and the garden will continue to thrive. But, if they are left unattended and allowed to invade the garden, they will become deep-rooted and spoil the garden. Even if they are removed later, when they have already grown into ‘small trees’, the roots will remain embedded and they may occasionally rear their ugly heads. Similar is a marital relationship, no matter how rosy it may seem at the outset, the couple will at times be faced with challenges like weeds in an unattended garden. If these initial problems are nipped in the bud, through discussion and an attempt to resolve them when they surface, a happy married relationship can be fostered and that bond of love can be further strengthened. However, if we ignore the initial stumbling blocks and pretend that they do not exist, these problems may increase and become a threat to the marriage. Even if, they are resolved, it could still taint the love and affection of the couple for many years to come.
 
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Message from the Ameer of the Jamiatul Ulama

Drug Abuse: A worldwide Problem
Almost two months ago the Imam of Masjid al-Aqsa began his Friday khutbah by specifically addressing the youth. He spoke to them on issues such as alcohol, drugs, un-Islamic dress (especially of women) and immodesty. He lambasted the youth for falling prey to these foul acts and behaviors which are the cause of the downfall of the Ummah.
Four weeks ago, the Imam of the Masjidul Haram in Makkah focused his entire Friday khutbah on alcohol, drugs, intoxicants and other causes of the destruction of the youth in particular and the Muslim community at large.
The interesting point of note is that these issues were considered so important by these shuyukh, in such Blessed places, that they were accorded the importance of being addressed from the pulpit of the Friday khutbah. They were considered to be serious evils that were infiltrating the youth of such regions of the world to which we accord a position of blessedness and sacredness. If these aspects have affected the youth of these blessed places than surely we, living in an environment which is so much more susceptible to the development of such problems, cannot consider ourselves immune to them.
Many a time, parents in our society prefer to look at things through glasses colored in the fuzzy way they prefer to see things. They tend to fall into the trap of the ‘not my child’ syndrome and slump into the denial syndrome which only allows the problem to become bigger.
We must understand that if we live in a society which is drenched in the overpowering manifestation of such evils, then we are bound to be touched by it, especially if we choose to live by the rules and standards of that society.
It is important to realize the dangers that our children face, and it is equally fundamental to admit the possibility of our own children becoming victims of these evils. It is equally essential to stand up to the problem by thwarting the permeation and widespread practice of such practices within and outside of our communities.
A good starting point would be the testing of our children for the use of drugs. It is important to remember that testing them does not mean not trusting them. It is simply an acknowledgement of the existence of the problem. It is also recognition of the fact that your child could be on drugs. Identifying the problem is the first step in the process of addressing the problem and working towards resolving it.
May Allah (subhanahu wa ta’aala) guide us to do the right thing, as difficult as it may be. Aameen.

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