The Majlis Archive
General Fiqh The Majlis Vol 28 No 07, p.24

What is the position of court magistrates and judges in a non-Muslim country.

Question

What is the position of court magistrates and judges in a non-Muslim country.

Answer

In fact, in all countries, including so-called Muslim countries, magistrates and judges are all murtaddeen. They lose their Imaan for adjudicating in accordance with the laws of Taaghoot. The Qur'aan Majid explicitly brands them ‗kaafiroon, zaalimoon, and faasiqoon‟. "Those who do not adjudicate according to that (Shariah) revealed by Allah, verily, they are kaafiroon."(Qur‟aan) All so-called Muslim countries have expunged the Shariah and are governed by murtaddeen with the law of the Devil (Taaghoot).

THE WEAKLINGS

Rasulullah (Sallallahu alayhi wasallam) said: "Verily, you are aided (by Allah) and granted Rizq via the medium of the weaklings among you."

Be kind to the weak ones who are generally scorned and rebuffed. The barkat one gains in Rizq and the help in problems are effects of kindness to the weak, hardpressed suffering ones. Therefore seek them out and be of assistance to them, and waste not your money in merrymaking holidays.

created numerous people and jinn to be fuel for Jahannam? "Verily, We have created nu- they are like an‟aam (cattle, Only He knows.

merous from jinnkind sheep, goats). In fact, The signs of these creatures And mankind to be fuel for they are more astray (than of Hell mentioned in the Jahannam. They have animals). Indeed Aayat are spiritual blind- Such hearts (brains) with they are the ghaafiloon." ness, deafness and absolute which they do not under- (Al- A‟raaf, Aayat 179) corruption of the heart. They stand. are the likes of modernist They have such eyes with No one has the right to ques- zindeeqs, interfaithers and which they cannot see. They tion the prerogatives, myster- Youtube molvis. Beware of have such ears with which ies, secrets and wisdom of the Fuel of Jahannam.

they cannot hear. Indeed, Allah Ta'ala. Why has He

EVEN FARDH HAJJ

the extreme importance of this sin has to be committed. In

BECOMES WAIVED fundamental Ibaadat, it will this regard, the Fuqaha say:

not be permissible to under- "It is mentioned in Al- Every Muslim knows that take the Hajj journey if along

Hajj is one of the Fardh Pil-

the way Salaat is missed or lars of Islam. However, despite

Mudkhal: Our Ulama say: When the mukallaf person knows that he will miss even one Salaat if he proceeds for Hajj, then verily Hajj is waived. Elsewhere it is said: If performing Hajj is not possible except by expelling Salaat from its time (i.e. making it Qadha) or something similar (i.e. committing sin), then Hajj is waived."

Al-Barzali narrating from Al-Maazari said: "If he (the traveller) will commit neglect of Salaat such that its time lapses or even performs its substitute (i.e. Salaat in the sitting position), in the wake of the Hajj journey, then most certainly this journey is not permissible, and the obligation of Hajj is waived for him."

At-Taadali narrating from Al-Maazari said: "Verily, Istitaa‟ah (i.e. the condition of ability to go for Hajj) is to reach the Bait (Ka‟bah) without hardship together with safety for oneself, one‟s wealth and the ability to execute the Faraaidh (acts of Ibaadat), abandonment of extremes and abandonment of sins."

Ibnul Muneer mentions in his Mansik: "Know that destroying (i.e. not performing on time) even one Salaat is a colossal sin. The virtues of Hajj do not compensate for it (for this loss). In fact, it (Salaat) is greater than it because it is of greater importance. Therefore if dizziness is the norm for the traveller on sea or on the land even if for one Salaat (i.e. due to this ailment he will miss a Salaat), then Hajj is haraam for him, i.e. if he can reach Makkah only by neglecting Salaat. ….

"Whoever knows that if he goes on a sea voyage (even air or land travel), he will be affected by dizziness (or any other sickness) which will mentally impair him or cause unconsciousness, causing him to neglect Salaat or abandon Salaat totally, then there is no difference of opinion (among the Fuqaha) that it is not permissible for him to undertake the journey. The journey of a person of this type is only nafsaani lust. In fact, it is an inspiration of shaitaan.‖

pute. Who among them are the greatest deceivers (misleading Al-Barzali said: "Our Taalib said: "The Shayaateen people)? The devils of the east Shaikh Abu Muhammad Ash- (Devils) of the east and the said to the devils of the west: Shabeebi narrating from west became involved in a dis-

„We are greater than you in deception because we incite a man to commit sin and perpetrate prohibitions in the abodes of the Ambiya (in the Holy Places).‟ The Shayaateen of the West responded: „We are greater (in the art of deception). We find a man with his wife and children performing the Fardh Salaat, paying Zakaat and practicing other acts (of virtue). He is in a state of comfort and his Angels are with him.

Then comes along the

(Hajj / Umrah) agent (such as the travel agencies and Sahuc, Khidmatul Awaam) enticing people to travel to the land of Hijaaz (for Hajj and Umrah). Then we (the devils of the west) goad and induce him to come out (i.e. undertake the journey). We poke them with a knife (a figurative expression for the shaitaani snare of enticement. Then he cries

(yearns to go for Umrah).

Thus he emerges for the journey. From the day he leaves (his home) we induce him to neglect the Faraaidh and to violate the prohibitions (of the Shariah) - from the day of his departure until the day of his return to his family. Thus, he is in loss regarding himself and his wealth in the east and the west.

Then the Shayaateen of the East acknowledged the superiority of the Shayaateen of the West in the art of deception." Al-Barzali said: "Verily, I have witnessed some of this in my Hajj journey. We seek safety from Allah."

(Mawaahibul Jaleel)

In this discussion of the two groups of shayaateen there is a sombre lesson for those who undertake the merrymaking tours. They dwell in self and shaitaani deception.

The following is mentioned in Irshaadus Saari: Among the conditions for the obligation (Fardhiyat) of Hajj, is the ability to perform the Fardh Salaats, and not making qadha."

If one Salaat is performed without Jamaat, it is the equivalent of committing 700 major (Kabeerah) sins. Hadhrat Abu Bakr Warraaq (Rahmatullah alayh) on the first day of his Hajj journey was unable to perform one Salaat with Jamaat. He then said that he should be taken back because he had committed 700 Kabeerah sins on the very first day of the journey.

This is the Shariah's position regarding journeys for even the Fardh ibaadat of Hajj. If the journey entails missing Salaat or the commission of haraam, then it will not be permissible to undertake the journey. When such is the view of the Shariah regarding Hajj, then what does the Imaan of a Mu'min dictate regarding merrymaking tours, deceptive nafl Umrah and the ‗three Haram' merrymaking tours?

The Fuqaha have explicitly ruled, and so does Imaani intelligence rule, that it is not permissible to go for Hajj even if just one Salaat will be missed or made qadha on the journey. Now what is the state of affairs nowadays when people embark on these merrymaking fun tours dubbed with Deeni designations?

The Shayaateen of the West are great conspirators just as are the people of the West. These devils embroil these tourists in haraam from the day they depart from home until the day they return. Wholesale neglect of Salaat is the norm. In a plane full of men and women ostensibly going for Hajj or Umrah, only a few venture to perform Salaat on the plane. Most of these tourists remain in their seats like kuffaar. They display total indifference to Salaat. Their wanton abstention from Salaat is wholesale kufr neglect.

NOTHING REMAINS OF HAYA

Rasulullah (Sallallahu alayhi wasallam) said: Haya (shame) is a Branch of Imaan."

In the plane, men and women line up inter-mixed at the toilets. Every vestige of haya (shame) is effaced. Their very Imaan is defaced by excessive and flagrant indulgence in fisq and fujoor. It is as if they are without Imaan. Rasulullah (Sallallahu alayhi wasallam) said: "Haya is a branch of Imaan." But these male and female Ibleesi tourists labouring in the deception of going for ibaadat, stand against one another in the queue at the toilet. A woman emerges from the toilet with a man standing against the toilet door. It is indeed a rotten state of affairs, but these juhala are on an ‗ibaadat' tour. It is a tour leading to Jahannam.

At the immigration and custom points, when checking in and being searched, fisq and fujoor prevails. It the transit lounges, in the hotel foyers and lifts, fisq and fujoor reign. They claim to be going for Umrah / Hajj, but they squander the time in malls and merrymaking places. In the streets men and women rub shoulders, and worse is the horrendous intermingling right inside Musjidul Haraam and even in the Mataaf whilst making Tawaaf of the Ka'bah. It is nothing but compounded fisq and fujoor of the worst kind in the holiest Places.

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