IS RELIGION FROM GOD OR MAN-MADE?
Books and Documents 03 Mar 2009, NewAgeIslam.Com
The War Within Islam: Niyaz Fatehpuri’s Struggle Against The Fundamentalists by JUHI SHAHIN
Excerpts from a newly published book in Pakistan: The War Within Islam: Niyaz Fatehpuri’s Struggle Against The Fundamentalists
URL: http://www.newageislam.com/NewAgeIslamArticleDetail.aspx?ArticleID=1221
Late. Allama Niyaz Fatehpuri [1884-1966]And religion because I was educated in a religious atmosphere and I got the opportunity to study the religious ulama. However, the whole colonial discourse of Islam being backward and medieval, was familiar to him and he kept trying to dispel this notion by saying that what the Ulama were saying and doing was not the only way to look at Islam. Fatehpuri was very clear about who was responsible for a state of affairs in which asking questions is tantamount to unbelief; it was the Ulama. Regarding the reluctance of the Ulama in particular, he stated: “There are many ways of avoiding Zakat in the books of fiqh, and many of our Ulama-i-Karam use them.”He ridiculed the artificial division that had been created between them by the Ulama, if one is religious, it should automatically mean that one is a good person, lives in harmony with others, and helps those in need. Arrogance is the antithesis of having Akhlaq – an attitude he observed in the Ulama, since they believed they knew best about the religion and its practices, and aggressively condemned any re-thinking. The Ulama-i-Karam who consider Muslims with bad Akhlaq to be Naji (free of sin). Most people would just find it easier to follow the ready-made solutions offered by the Ulama, rather than think for themselves. [New Age Islam]
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Part - 4
Religious Scholars - Ulama-i-Karam - Mullah - Mufti - Qazi - Muttawwa - Ayatullah - Mujtahids:
ISLAM IN 'ISLAMIC REPUBLIC OF PAKISTAN'!
In 2004 the Secretary of the Council of Islamic Ideology, Dr Ghulam Murtaza Azad, had opined that mosques constructed on encroached land were illegal. The Council of Islamic Ideology was established as "Advisory Council of Islamic Ideology" on Aug 1, 1962 under Article 199 of the Constitution of 1962. It was re-designated as the "Council of Islamic Ideology" in the Constitution of 1973. Articles 228, 229, 230 and 231 of the Constitution deal with the composition of the council, its reference by parliament, its functions and rules of procedure, respectively. "According to government estimates, there are 3,000 mosques and imambargahs in Karachi alone. Over half of them have been constructed on encroached land. [1]
The chairman of the Council of Islamic Ideology has reiterated the CII’s opinion that mosques built on encroached land were considered illegal in Islam and prayers offered there were not acceptable under the shariah. This was also stated earlier, though not exactly in the same words, by the Imam-i-Kaaba, who visited Islamabad a fortnight ago. Hence how can the management of a mosque justify the illegal occupation of land that does not belong to it? What is intriguing is that with such clear-cut injunctions on the matter, the government has been hesitant to act firmly vis-à-vis the clerics of Lal Masjid and Jamia Hafsa in Islamabad who have resorted to blackmail to defend their encroachment —Lal Masjid was allotted 250 square yards but now spreads over an area of 7,850 square yards. Although they have no religious or moral sanction for encroachment, 82 mosques in the federal capital have managed to resist moves to get them to vacate their occupation. [2]
To hell with Council of Islamic Ideology’s advice and those Mullahs who have themselves become Islam when there is a clear decree of Quran and Hadith against Land Grabbing and Land Encroachments what to talk of Constructing Mosques or Imam Bargahs on it. All the available land belongs to State (means public property and in Pakistan most of the people are Muslim, now read the Quranic Text and Text of Hadith in the light of the actions take by the Monks of Jamiah Hafsah and Lal Mosque and decide!) [Even the Islamic State what to talk of Secular] and nobody has the right to illegally encroach upon land for any purpose let alone erecting Mosque upon it.
I won’t be quoting Mullahs and their Deviant Fatwa [Religious edict]. I will restrain myself to the extent of Quran and Hadith. When you have these two you won’t need anyone but a clear heart and mind and pure intentions. The mosque is not only a place of worship, but it is also a place of seeking knowledge for both men and women, helping the needy Muslims and for so many other lawful matters. Usurpation in its literal sense means forcibly taking a thing from another. Usurpation is unlawful. Any person knowingly and willfully usurping the property of another is held to be a criminal and a sinner, and therefore, he becomes liable for compensation. Forcible possession is oppression in an extreme form of which there is a strong condemnation both in the Holy Quraan and Hadith. Why do we [MUSLIMS] forget the Famous Mosque of Zarrar which was demolished by Holy Prophet Mohammad [Upon him be peace]
Usurpation in its literal sense means forcibly taking a thing from another. Usurpation is unlawful. Any person knowingly and willfully usurping the property of another is held to be a criminal and a sinner, and therefore, he becomes liable for compensation. Forcible possession is oppression in an extreme form of which there is a strong condemnation both in the Holy Quraan and Hadith.
Islamic history records that the Holy Prophet (pbuh) intended extension of his mosque at Medina, but as the required land was property of two orphaned children, he did not undertake it till a Muslim purchased the land and dedicated it (Wakf) for the mosque. Al Seera-tul-Halbiyya by Allama All bin Burhanuddin Al-HaIbi, translated by M. Aslam Qasimi of Deoband (Darul Ashaat, Karachi), Vol.2, Part I, p. 173,174
Lo! those who purchase a small gain at the cost of Allah’s covenant and their oaths, they have no portion in the Hereafter. Allah will neither speak to them nor look upon them on the Day of Resurrection, nor will He make them grow. Theirs will be a pain doom. [The Family of ‘Imran – Chapter 3 – Verse 77 – Soorah Aal-e-Imran]
O Ye who believe! Lo! Many of the Rabbis and Monks devour the wealth of mankind wantonly and debar (MEN) from the way of Allah. They who hoard up gold and silver and spend it not in the way Allah, unto them give tidings (O Muhammad) of a painful doom. {Repentence - IX (Sorra Al-Tauba) Verse 34}.
“Never stand (to pray) there. A place of worship which was founded on piety from the first day is more worthy that thou shouldst stand (to pray) therein wherein are men who love to purify themselves. Allah loveth the purifiers.” [Repentance Chapter 9 Verse 108 – Soorah Al-Tauba]
“Is he then who founded his building upon piety and His good pleasure better, or he who founded his building on the brink of a crumbling, overhanging precipice so that it toppled with him into the fire of hell? Allah guideth not wrongdoing folk.” [Repentance Chapter 9 Verse 109 – Soorah Al-Tauba]
Narrated Abu Wail:
'Abdullah bin Masud said, "Allah's Apostle said, 'Whoever takes an oath when asked to do so, in which he may deprive a Muslim of his property unlawfully, will meet Allah Who will be angry with him.' So Allah revealed in confirmation of this statement:-- "Verily! Those who Purchase a small gain at the cost of Allah's Covenant and oaths, they shall have no portion in the Hereafter... " (3.77) Then entered Al-Ash'ath bin Qais and said, "What is Abu 'Abdur-Rahman narrating to you?" We replied, 'So-and-so." Al-Ash'ath said, "This Verse was revealed in my connection. I had a well in the land of my cousin (and he denied my, possessing it). On that the Prophet said to me, 'Either you bring forward a proof or he (i.e. your cousin) takes an oath (to confirm his claim)' I said, 'I am sure he would take a (false) oath, O Allah's Apostle.' He said, 'If somebody takes an oath when asked to do so through which he may deprive a Muslim of his property (unlawfully) and he is a liar in his oath, he will meet Allah Who will be angry with him.'[Sahih Bukhari]
Sayyiduna Salem (radi Allahu anhu) from his father reported: “Whoso extorts any portion of land unjustly will be sunk down unto seven earths on the Resurrection Day”. (Bukhari)
Sayyiduna Yah’li Bin Murrah (radi Allahu anhu) reported: “I heard Rasoolullah (sallal laahu alaihi wasallam) saying, ‘Whoso encroaches upon a land without title therein will be put to near the burden of its earth on the Congregation Day.’” (Ahmad)
Same reported: “I heard the Messenger of Allah (sallal laahu alaihi wasallam) saying, ‘Whoso takes a span of land by oppression, the Glorious and Almighty Allah will give him the trouble of digging it till he reaches the last of the seven earths, and then he will be thrown down till the Resurrection Day till he will be brought for judgment among men.’” (Musnad Imam Ahmad Bin Hanbal)
In Bukhari Salem from his father reported:
“Whoso extorts any portion of land unjustly will be sunk down unto seven earths on the Resurrection Day.”
In Baihaqi Darqutni Abu Hurrah al-Raqqashi from his uncle reported that the Messenger of Allah said:
“Behold! oppress not. Behold! the property of a man is not lawful except with his voluntary consent.”
In Ahmad Ya’la-b-Murrah reported that I heard the Messenger of Allah say:-
“Whoso encroaches upon a land without title therein will be put to bear the burden of its earth on the Congregation day.”
Same reported: I heard the Messenger of Allah say:
“Whoso takes a span of land by oppression the Glorious and Almighty Allah will give him the trouble of digging it till he reaches the last of the seven earths, and then he will be thrown down up to the Resurrection Day till he will be brought for judgment among men” -Musnad Imam Ahmad Bin Hanbal.
In Bukhari and Muslim it is said:
“Whoever unlawfully seized land belonging to another to the extent of one span of hand, on the day of Judgment all the seven earths will be hung round his neck with their full weight.”
In Al-Hadis, an English translation of Mishkat-al Masabih, Part II, Chapter XIV by Alhaj Maulana Fazlul Karim, the usurpation is explained as:
“Gasb in its literal sense means forcibly taking a thing from another without the consent of the owner in such a manner as to destroy the owner’s possession of it”. “Usurpation is unlawful. Any person knowingly and willfully usurping the property of another is held to be a criminal and a sinner, and therefore he becomes liable for compensation. The object of Islam is peace. By encroachment of the rights of another, peace is disturbed and therefore a sin is committed. Forcible possession is oppression in an extreme form of which there is a strong condemnation both in the Holy Quran and Hadis. A usurper will be hurled down unto seven earth on the Resurrection Day and he shall be made to bear the burden of earth that he usurped. A marauder is not a follower of the Prophet, and Islam enjoins no compulsion in any action. Riot and loot are strictly unlawful. Prophet even instructed not to take a staff of his brother out of joke.”
It is reported in Fatawa-i-Alamgirl, Vol.1:
“If somebody built a mosque on his own share of the land which was a joint property and subsequently it was revealed that a part of it belonged to another shareholder, it would no longer remain a mosque owing to the proprietary nature of the land under it.”
Refer to Majmuatual Fatawa by Maulana Abdul Hayee, Vol. I where it is stated:
“It is not proper to offer prayers in a mosque built on the outer wall of a mosque for the reason that the latter belongs to the public and does not vest exclusively in God, the Almighty. It is just like offering prayers in a Mosque built on a property unlawfully seized from its owner.”
In connection with the conditions and qualifications of a valid Waqf it is mentioned in Fatawa-i-Alamgiri, Vol. I:-
“One of such conditions is that at time of dedication of the property the creator of the trust should be its absolute owner. If at the time of the creation of Waqf he forcibly seized the land belonging to somebody else and then dedicated it for the purpose of Waqf, the Waqf would not be validated even if subsequently he has paid the price of the land to the owner and has arrived at some settlement with him in lieu of some money.”
In Fatawa-i-Alamgiri [A book which is allegedly followed by the Sunni Mullahs of India and Pakistan, it is stated
“If somebody took forcible possession of land belonging to another and planted trees in it or constructed a house thereon, he will be told to demolish the construction, remove the trees and return the land to its owner. If the demolition of the structure or removal of trees result in damage to the land, its owner will be entitled to retain them on payment of their price.”
ETIQUETTES OF MOSQUES:
Outdoor loudspeakers should not be used for the prayer, whether that is for taraaweeh, tahajjud or any other prayers such as Fajr, Maghrib and ‘Isha’, because that leads to many negative consequences and causes disturbance to the neighbours of the mosque.
In recent times it has become very common for the imams of mosques to use outdoor loudspeakers, which are usually placed in the minaret and the volume is set very high. By doing this, some mosques disturb one another in the prayers in which Qur’aan is recited out loud, by using these loudspeakers for the recitation. What is the ruling on using loudspeakers for the prayers in which Qur’aan is recited out loud when the sound from the minaret will disturb other mosques?
Using loudspeakers on the minaret for the prayers in which Qur’aan is recited out loud is something that is not allowed, because it causes a lot of disturbance for the people in houses and other mosques nearby. Imam Maalik (may Allaah have mercy on him) narrated in al-Muwatta’ (178), from Sharh al-Zarqaani in Baab al-‘Aml fi’l-Qiraa’ah (How Qur’aan is to be recited) from al-Bayaadi Farwah ibn ‘Amr – may Allaah be pleased with him – that the Messenger of Allaah (peace and blessings of Allaah be upon him) went out to the people when they were praying, and their voices were loud in recitation, and he said: “ A worshipper is conversing with his Lord, so let him think about the One with Whom he is conversing. Do not raise your voices above one another when reciting Qur’aan.”
Abu Dawood (1332) narrated, under the heading, “Raising the voice when reciting Qur’aan in night prayers” that Abu Sa’eed al-Khudri – may Allaah be pleased with him – said: The Messenger of Allaah (peace and blessings of Allaah be upon him) observed i’tikaaf in the mosque and he heard them raising their voices in reciting Qur’aan. He drew back the curtain and said: “Each of you is conversing with his Lord, so do not disturb one another, and do not raise your voices above one another in reciting Qur’aan – or in prayer.” Ibn ‘Abd al-Barr said: The hadeeths of al-Bayaadi and Abu Sa’eed are both sound and saheeh.
These two hadeeths show that it is forbidden to raise one's voice in reciting Qur’aan in prayer to such an extent that it disturbs others, and that this is a nuisance and is forbidden.
The Prophet (peace and blessings of Allaah be upon him) forbade people to raise their voices above one another in reciting Qur’aan, and explained that this causes annoyance. It is well known that the believer has no option and cannot ignore the ruling of the Prophet (peace and blessings of Allaah be upon him). Allaah says (interpretation of the meaning):
“It is not for a believer, man or woman, when Allaah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allaah and His Messenger, he has indeed strayed into a plain error” [al-Ahzaab 33:36]
It is also well known that a believer should not put himself in a position where he causes disturbance or annoyance to his brothers.
2 – The excuses that they give, even if they have some grounds, nevertheless are outweighed by the forbidden things that happen as a result of raising the voice, such as the following:
(i) Doing something that the Prophet (peace and blessings of Allaah be upon him) forbade, namely worshippers raising their voices above one another
(ii) Annoying other worshippers who can hear one, as well as others such as people who are studying or trying to memorize Qur’aan
(iii) Distracting members of congregations in neighbouring mosques from listening to the recitation of their own imam, which they are commanded to listen to.
(iv) Some of the worshippers in neighbouring mosques may end up following the imam who is raising his voice in rukoo’ and sujood, especially if they are in a big mosque with a large congregation which they could be confused by the voice of an imam that drowns out the voice of their own imam. We have heard of many such incidents.
(v) It may lead to some people becoming negligent about hastening to attend the mosque, because they can hear the prayer of the imam rak’ah by rak’ah, step by step, so they dawdle, thinking that the imam is at the beginning of the prayer, until they miss most or all of the prayer.
(vi) It may cause the people who are coming to the mosque to rush when they heard the end of the imam’s recitation, as we see happening. Thus they do something that the Prophet (peace and blessings of Allaah be upon him) forbade, i.e., rushing, because they hear this amplified voice.
(vii) There may be people in the houses who hear this recitation when they are engaged in some idle pursuits or idles talk, as if they are careless about the reciter. This is the opposite of what those who support raising the volume suggest, which is that many of the women in the houses will hear the recitation and benefit from it. This benefit may be achieved through listening to tapes with recordings of the recitation of skilled reciters.
With regard to the comment by those who support raising the volume that it may influence some people and make them come and pray, especially if the voice of the reciter is beautiful, this may be true, but it is a rare benefit that is outweighed by the harmful effects mentioned above.
The basic principle on which there is consensus is that if there is a conflict between pros and cons, we must look and see which outweighs the other and judge accordingly. If they are equal, then warding off harm takes priority over bringing benefits.
Prophet Mohammad (peace and blessings of Allaah be upon him): “Do not raise your voices above one another in reciting Qur’aan,” and his words, “Do not disturb one another, do not raise your voices above one another in reciting Qur’aan.” There is no secret that the heart finds spiritual joy and contentment in obeying the commands of Allaah and His Messenger.
He also said:
There is no reason not to make an exception in the case of the Mosques in Makkah and Madeenah and the jaami’ mosques in which Friday prayers are held, because some of the worshippers may be outside the mosque and need to hear the voice of the imam. This is subject to the condition that the jaami’ mosques are not so close to one another that they would disturb one another. If that is the case then the loudspeakers on the walls of the mosques should be set up so that the khutbah and prayer can be heard, and the loudspeakers on the minarets should be turned off at that time, so that benefits may be achieved without disturbing others.
Many Ahadeeth have mentioned the reward for walking, sitting in the mosque and waiting for the prayer:
"Whoever goes back and forth to the mosque (to attend the prayers), Allah will prepare for him a feast in paradise as often as he goes back and forth" [Agreed Upon].
"When one of you continues sitting in the place where he performed his prayer, after the prayer is over, and remains with ablution, the angels beseech Allah for his blessings upon him, and pray, "Allah! grant him salvation; Allah have mercy on him" [Bukhari].
The Salutation of the Masjids
Abu Qataadah (ra) reported that the Messenger of Allah (saws) said: "When one of you goes to the mosque, he should pray two rak'ats before he sits" [Agreed Upon]
These two rak'ats can be performed at any time of the day or the night. Moreover, if someone enters the mosque on Friday while the Imam is giving the Khutba, he should pray two light rak'ats before he sits.
Jabir (ra) reports that a man came to the mosque on Friday while the Prophet (saws) was delivering the Khutba. The Prophet asked him: "Did you offer the Salah?" The man replied: "No!" He told him: "Pray two rak'at" [Bukhari & Muslim].
In another hadeeth the Prophet (saws) said: "If one of you comes to the mosque on the day of Friday and the imam is delivering the khutba, he should pray two rak'ats and make them quick" [Muslim].
Decoration of Masjids
Building mosques should only be to help people worship Allah (swt), it is enough that they protect them from the heat of the sun and the coldness of the wind. Competing in their construction is not allowed for the Messenger of Allah (saws) said: "I have not been ordered to build high and lofty mosques" [Abu Dawvd].
'Umar ibn al-Khattab (ra), when ordering mosques to be built, would say: "Protect people from the rain. Beware of red and yellow decorations for they distract people (When offering their prayers)" [Bukhari].
Calmness in the Masjids
It is forbidden to raise voices while being inside a mosque in such a way that it disturbs others' prayers, even if it is done while reciting the Quran. 'Abdullah ibn Umar related that the Messenger of Allah (saws) entered upon people while they were praying and they were raising their voices in the Quranic recital. The Prophet (saws) said: "One who is praying is in a private conversation with his Lord so he should be mindful of whom he is conversing with_ And you should riot raise your voices against each other while reciting the Qur'an" [Ahmed].
Abu Sa'id Al-Khudri (ra) reported that the Prophet (saws) was making seclusion (i'tikaf) in the mosque and he heard the people reciting (Qur'an] aloud. He removed the covering and said: "Verily, each of you is in a private conversation with his Lord so you should not disturb each other. And you are not to raise your voices against each other in the recitation" [Abu Dawud & an-Nasai].
Maintaining, the Masjids
There are big virtues in cleaning and caring for the mosques. As someone would take care of his own house, Islam has greatly encouraged its followers to take care of the houses of Allah (swt), and to clean them from any sort of dirt or bad smells. Such duty is not only incumbent upon the caretaker or the committee running that mosque, but is also the duty of every Muslim. It is the house of Allah (swt) and we should all take care of His houses. The following hadeeth is a good example on how someone might be successful by taking care of a mosque. Abu-Hurairah (ra) related that: 'ii dark-skinned woman used to take care of the mosque. One day the Prophet (saws) did not see her serving the mosque, and enquired about her. He was informed that she had died Whereupon he said: "Why didn't you inform me of this!. The companions had not though the matter of any importance. Thereafter he asked them to show him her grave. On being shown the grave, he performed Janaza prayer and said: "Their graves are full of darkness for their inmates, and Allah illuminates them for their occupants as a result of my Salah (Du'a) for them" [Bukhari & Muslim]
Notes and References:
Many mosques, imambargahs built illegally By Bahzad Alam Khan 05 August 2004 Thursday 18 Jamadi-us-Saani 1425 [1] http://archives.dawn.com/2004/08/05/local10.htm
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Part - 4
Religious Scholars - Ulama-i-Karam - Mullah - Mufti - Qazi - Muttawwa - Ayatullah - Mujtahids:
ISLAM IN 'ISLAMIC REPUBLIC OF PAKISTAN'!
In 2004 the Secretary of the Council of Islamic Ideology, Dr Ghulam Murtaza Azad, had opined that mosques constructed on encroached land were illegal. The Council of Islamic Ideology was established as "Advisory Council of Islamic Ideology" on Aug 1, 1962 under Article 199 of the Constitution of 1962. It was re-designated as the "Council of Islamic Ideology" in the Constitution of 1973. Articles 228, 229, 230 and 231 of the Constitution deal with the composition of the council, its reference by parliament, its functions and rules of procedure, respectively. "According to government estimates, there are 3,000 mosques and imambargahs in Karachi alone. Over half of them have been constructed on encroached land. [1]
The chairman of the Council of Islamic Ideology has reiterated the CII’s opinion that mosques built on encroached land were considered illegal in Islam and prayers offered there were not acceptable under the shariah. This was also stated earlier, though not exactly in the same words, by the Imam-i-Kaaba, who visited Islamabad a fortnight ago. Hence how can the management of a mosque justify the illegal occupation of land that does not belong to it? What is intriguing is that with such clear-cut injunctions on the matter, the government has been hesitant to act firmly vis-à-vis the clerics of Lal Masjid and Jamia Hafsa in Islamabad who have resorted to blackmail to defend their encroachment —Lal Masjid was allotted 250 square yards but now spreads over an area of 7,850 square yards. Although they have no religious or moral sanction for encroachment, 82 mosques in the federal capital have managed to resist moves to get them to vacate their occupation. [2]
To hell with Council of Islamic Ideology’s advice and those Mullahs who have themselves become Islam when there is a clear decree of Quran and Hadith against Land Grabbing and Land Encroachments what to talk of Constructing Mosques or Imam Bargahs on it. All the available land belongs to State (means public property and in Pakistan most of the people are Muslim, now read the Quranic Text and Text of Hadith in the light of the actions take by the Monks of Jamiah Hafsah and Lal Mosque and decide!) [Even the Islamic State what to talk of Secular] and nobody has the right to illegally encroach upon land for any purpose let alone erecting Mosque upon it.
I won’t be quoting Mullahs and their Deviant Fatwa [Religious edict]. I will restrain myself to the extent of Quran and Hadith. When you have these two you won’t need anyone but a clear heart and mind and pure intentions. The mosque is not only a place of worship, but it is also a place of seeking knowledge for both men and women, helping the needy Muslims and for so many other lawful matters. Usurpation in its literal sense means forcibly taking a thing from another. Usurpation is unlawful. Any person knowingly and willfully usurping the property of another is held to be a criminal and a sinner, and therefore, he becomes liable for compensation. Forcible possession is oppression in an extreme form of which there is a strong condemnation both in the Holy Quraan and Hadith. Why do we [MUSLIMS] forget the Famous Mosque of Zarrar which was demolished by Holy Prophet Mohammad [Upon him be peace]
Usurpation in its literal sense means forcibly taking a thing from another. Usurpation is unlawful. Any person knowingly and willfully usurping the property of another is held to be a criminal and a sinner, and therefore, he becomes liable for compensation. Forcible possession is oppression in an extreme form of which there is a strong condemnation both in the Holy Quraan and Hadith.
Islamic history records that the Holy Prophet (pbuh) intended extension of his mosque at Medina, but as the required land was property of two orphaned children, he did not undertake it till a Muslim purchased the land and dedicated it (Wakf) for the mosque. Al Seera-tul-Halbiyya by Allama All bin Burhanuddin Al-HaIbi, translated by M. Aslam Qasimi of Deoband (Darul Ashaat, Karachi), Vol.2, Part I, p. 173,174
Lo! those who purchase a small gain at the cost of Allah’s covenant and their oaths, they have no portion in the Hereafter. Allah will neither speak to them nor look upon them on the Day of Resurrection, nor will He make them grow. Theirs will be a pain doom. [The Family of ‘Imran – Chapter 3 – Verse 77 – Soorah Aal-e-Imran]
O Ye who believe! Lo! Many of the Rabbis and Monks devour the wealth of mankind wantonly and debar (MEN) from the way of Allah. They who hoard up gold and silver and spend it not in the way Allah, unto them give tidings (O Muhammad) of a painful doom. {Repentence - IX (Sorra Al-Tauba) Verse 34}.
“Never stand (to pray) there. A place of worship which was founded on piety from the first day is more worthy that thou shouldst stand (to pray) therein wherein are men who love to purify themselves. Allah loveth the purifiers.” [Repentance Chapter 9 Verse 108 – Soorah Al-Tauba]
“Is he then who founded his building upon piety and His good pleasure better, or he who founded his building on the brink of a crumbling, overhanging precipice so that it toppled with him into the fire of hell? Allah guideth not wrongdoing folk.” [Repentance Chapter 9 Verse 109 – Soorah Al-Tauba]
Narrated Abu Wail:
'Abdullah bin Masud said, "Allah's Apostle said, 'Whoever takes an oath when asked to do so, in which he may deprive a Muslim of his property unlawfully, will meet Allah Who will be angry with him.' So Allah revealed in confirmation of this statement:-- "Verily! Those who Purchase a small gain at the cost of Allah's Covenant and oaths, they shall have no portion in the Hereafter... " (3.77) Then entered Al-Ash'ath bin Qais and said, "What is Abu 'Abdur-Rahman narrating to you?" We replied, 'So-and-so." Al-Ash'ath said, "This Verse was revealed in my connection. I had a well in the land of my cousin (and he denied my, possessing it). On that the Prophet said to me, 'Either you bring forward a proof or he (i.e. your cousin) takes an oath (to confirm his claim)' I said, 'I am sure he would take a (false) oath, O Allah's Apostle.' He said, 'If somebody takes an oath when asked to do so through which he may deprive a Muslim of his property (unlawfully) and he is a liar in his oath, he will meet Allah Who will be angry with him.'[Sahih Bukhari]
Sayyiduna Salem (radi Allahu anhu) from his father reported: “Whoso extorts any portion of land unjustly will be sunk down unto seven earths on the Resurrection Day”. (Bukhari)
Sayyiduna Yah’li Bin Murrah (radi Allahu anhu) reported: “I heard Rasoolullah (sallal laahu alaihi wasallam) saying, ‘Whoso encroaches upon a land without title therein will be put to near the burden of its earth on the Congregation Day.’” (Ahmad)
Same reported: “I heard the Messenger of Allah (sallal laahu alaihi wasallam) saying, ‘Whoso takes a span of land by oppression, the Glorious and Almighty Allah will give him the trouble of digging it till he reaches the last of the seven earths, and then he will be thrown down till the Resurrection Day till he will be brought for judgment among men.’” (Musnad Imam Ahmad Bin Hanbal)
In Bukhari Salem from his father reported:
“Whoso extorts any portion of land unjustly will be sunk down unto seven earths on the Resurrection Day.”
In Baihaqi Darqutni Abu Hurrah al-Raqqashi from his uncle reported that the Messenger of Allah said:
“Behold! oppress not. Behold! the property of a man is not lawful except with his voluntary consent.”
In Ahmad Ya’la-b-Murrah reported that I heard the Messenger of Allah say:-
“Whoso encroaches upon a land without title therein will be put to bear the burden of its earth on the Congregation day.”
Same reported: I heard the Messenger of Allah say:
“Whoso takes a span of land by oppression the Glorious and Almighty Allah will give him the trouble of digging it till he reaches the last of the seven earths, and then he will be thrown down up to the Resurrection Day till he will be brought for judgment among men” -Musnad Imam Ahmad Bin Hanbal.
In Bukhari and Muslim it is said:
“Whoever unlawfully seized land belonging to another to the extent of one span of hand, on the day of Judgment all the seven earths will be hung round his neck with their full weight.”
In Al-Hadis, an English translation of Mishkat-al Masabih, Part II, Chapter XIV by Alhaj Maulana Fazlul Karim, the usurpation is explained as:
“Gasb in its literal sense means forcibly taking a thing from another without the consent of the owner in such a manner as to destroy the owner’s possession of it”. “Usurpation is unlawful. Any person knowingly and willfully usurping the property of another is held to be a criminal and a sinner, and therefore he becomes liable for compensation. The object of Islam is peace. By encroachment of the rights of another, peace is disturbed and therefore a sin is committed. Forcible possession is oppression in an extreme form of which there is a strong condemnation both in the Holy Quran and Hadis. A usurper will be hurled down unto seven earth on the Resurrection Day and he shall be made to bear the burden of earth that he usurped. A marauder is not a follower of the Prophet, and Islam enjoins no compulsion in any action. Riot and loot are strictly unlawful. Prophet even instructed not to take a staff of his brother out of joke.”
It is reported in Fatawa-i-Alamgirl, Vol.1:
“If somebody built a mosque on his own share of the land which was a joint property and subsequently it was revealed that a part of it belonged to another shareholder, it would no longer remain a mosque owing to the proprietary nature of the land under it.”
Refer to Majmuatual Fatawa by Maulana Abdul Hayee, Vol. I where it is stated:
“It is not proper to offer prayers in a mosque built on the outer wall of a mosque for the reason that the latter belongs to the public and does not vest exclusively in God, the Almighty. It is just like offering prayers in a Mosque built on a property unlawfully seized from its owner.”
In connection with the conditions and qualifications of a valid Waqf it is mentioned in Fatawa-i-Alamgiri, Vol. I:-
“One of such conditions is that at time of dedication of the property the creator of the trust should be its absolute owner. If at the time of the creation of Waqf he forcibly seized the land belonging to somebody else and then dedicated it for the purpose of Waqf, the Waqf would not be validated even if subsequently he has paid the price of the land to the owner and has arrived at some settlement with him in lieu of some money.”
In Fatawa-i-Alamgiri [A book which is allegedly followed by the Sunni Mullahs of India and Pakistan, it is stated
“If somebody took forcible possession of land belonging to another and planted trees in it or constructed a house thereon, he will be told to demolish the construction, remove the trees and return the land to its owner. If the demolition of the structure or removal of trees result in damage to the land, its owner will be entitled to retain them on payment of their price.”
ETIQUETTES OF MOSQUES:
Outdoor loudspeakers should not be used for the prayer, whether that is for taraaweeh, tahajjud or any other prayers such as Fajr, Maghrib and ‘Isha’, because that leads to many negative consequences and causes disturbance to the neighbours of the mosque.
In recent times it has become very common for the imams of mosques to use outdoor loudspeakers, which are usually placed in the minaret and the volume is set very high. By doing this, some mosques disturb one another in the prayers in which Qur’aan is recited out loud, by using these loudspeakers for the recitation. What is the ruling on using loudspeakers for the prayers in which Qur’aan is recited out loud when the sound from the minaret will disturb other mosques?
Using loudspeakers on the minaret for the prayers in which Qur’aan is recited out loud is something that is not allowed, because it causes a lot of disturbance for the people in houses and other mosques nearby. Imam Maalik (may Allaah have mercy on him) narrated in al-Muwatta’ (178), from Sharh al-Zarqaani in Baab al-‘Aml fi’l-Qiraa’ah (How Qur’aan is to be recited) from al-Bayaadi Farwah ibn ‘Amr – may Allaah be pleased with him – that the Messenger of Allaah (peace and blessings of Allaah be upon him) went out to the people when they were praying, and their voices were loud in recitation, and he said: “ A worshipper is conversing with his Lord, so let him think about the One with Whom he is conversing. Do not raise your voices above one another when reciting Qur’aan.”
Abu Dawood (1332) narrated, under the heading, “Raising the voice when reciting Qur’aan in night prayers” that Abu Sa’eed al-Khudri – may Allaah be pleased with him – said: The Messenger of Allaah (peace and blessings of Allaah be upon him) observed i’tikaaf in the mosque and he heard them raising their voices in reciting Qur’aan. He drew back the curtain and said: “Each of you is conversing with his Lord, so do not disturb one another, and do not raise your voices above one another in reciting Qur’aan – or in prayer.” Ibn ‘Abd al-Barr said: The hadeeths of al-Bayaadi and Abu Sa’eed are both sound and saheeh.
These two hadeeths show that it is forbidden to raise one's voice in reciting Qur’aan in prayer to such an extent that it disturbs others, and that this is a nuisance and is forbidden.
The Prophet (peace and blessings of Allaah be upon him) forbade people to raise their voices above one another in reciting Qur’aan, and explained that this causes annoyance. It is well known that the believer has no option and cannot ignore the ruling of the Prophet (peace and blessings of Allaah be upon him). Allaah says (interpretation of the meaning):
“It is not for a believer, man or woman, when Allaah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allaah and His Messenger, he has indeed strayed into a plain error” [al-Ahzaab 33:36]
It is also well known that a believer should not put himself in a position where he causes disturbance or annoyance to his brothers.
2 – The excuses that they give, even if they have some grounds, nevertheless are outweighed by the forbidden things that happen as a result of raising the voice, such as the following:
(i) Doing something that the Prophet (peace and blessings of Allaah be upon him) forbade, namely worshippers raising their voices above one another
(ii) Annoying other worshippers who can hear one, as well as others such as people who are studying or trying to memorize Qur’aan
(iii) Distracting members of congregations in neighbouring mosques from listening to the recitation of their own imam, which they are commanded to listen to.
(iv) Some of the worshippers in neighbouring mosques may end up following the imam who is raising his voice in rukoo’ and sujood, especially if they are in a big mosque with a large congregation which they could be confused by the voice of an imam that drowns out the voice of their own imam. We have heard of many such incidents.
(v) It may lead to some people becoming negligent about hastening to attend the mosque, because they can hear the prayer of the imam rak’ah by rak’ah, step by step, so they dawdle, thinking that the imam is at the beginning of the prayer, until they miss most or all of the prayer.
(vi) It may cause the people who are coming to the mosque to rush when they heard the end of the imam’s recitation, as we see happening. Thus they do something that the Prophet (peace and blessings of Allaah be upon him) forbade, i.e., rushing, because they hear this amplified voice.
(vii) There may be people in the houses who hear this recitation when they are engaged in some idle pursuits or idles talk, as if they are careless about the reciter. This is the opposite of what those who support raising the volume suggest, which is that many of the women in the houses will hear the recitation and benefit from it. This benefit may be achieved through listening to tapes with recordings of the recitation of skilled reciters.
With regard to the comment by those who support raising the volume that it may influence some people and make them come and pray, especially if the voice of the reciter is beautiful, this may be true, but it is a rare benefit that is outweighed by the harmful effects mentioned above.
The basic principle on which there is consensus is that if there is a conflict between pros and cons, we must look and see which outweighs the other and judge accordingly. If they are equal, then warding off harm takes priority over bringing benefits.
Prophet Mohammad (peace and blessings of Allaah be upon him): “Do not raise your voices above one another in reciting Qur’aan,” and his words, “Do not disturb one another, do not raise your voices above one another in reciting Qur’aan.” There is no secret that the heart finds spiritual joy and contentment in obeying the commands of Allaah and His Messenger.
He also said:
There is no reason not to make an exception in the case of the Mosques in Makkah and Madeenah and the jaami’ mosques in which Friday prayers are held, because some of the worshippers may be outside the mosque and need to hear the voice of the imam. This is subject to the condition that the jaami’ mosques are not so close to one another that they would disturb one another. If that is the case then the loudspeakers on the walls of the mosques should be set up so that the khutbah and prayer can be heard, and the loudspeakers on the minarets should be turned off at that time, so that benefits may be achieved without disturbing others.
Many Ahadeeth have mentioned the reward for walking, sitting in the mosque and waiting for the prayer:
"Whoever goes back and forth to the mosque (to attend the prayers), Allah will prepare for him a feast in paradise as often as he goes back and forth" [Agreed Upon].
"When one of you continues sitting in the place where he performed his prayer, after the prayer is over, and remains with ablution, the angels beseech Allah for his blessings upon him, and pray, "Allah! grant him salvation; Allah have mercy on him" [Bukhari].
The Salutation of the Masjids
Abu Qataadah (ra) reported that the Messenger of Allah (saws) said: "When one of you goes to the mosque, he should pray two rak'ats before he sits" [Agreed Upon]
These two rak'ats can be performed at any time of the day or the night. Moreover, if someone enters the mosque on Friday while the Imam is giving the Khutba, he should pray two light rak'ats before he sits.
Jabir (ra) reports that a man came to the mosque on Friday while the Prophet (saws) was delivering the Khutba. The Prophet asked him: "Did you offer the Salah?" The man replied: "No!" He told him: "Pray two rak'at" [Bukhari & Muslim].
In another hadeeth the Prophet (saws) said: "If one of you comes to the mosque on the day of Friday and the imam is delivering the khutba, he should pray two rak'ats and make them quick" [Muslim].
Decoration of Masjids
Building mosques should only be to help people worship Allah (swt), it is enough that they protect them from the heat of the sun and the coldness of the wind. Competing in their construction is not allowed for the Messenger of Allah (saws) said: "I have not been ordered to build high and lofty mosques" [Abu Dawvd].
'Umar ibn al-Khattab (ra), when ordering mosques to be built, would say: "Protect people from the rain. Beware of red and yellow decorations for they distract people (When offering their prayers)" [Bukhari].
Calmness in the Masjids
It is forbidden to raise voices while being inside a mosque in such a way that it disturbs others' prayers, even if it is done while reciting the Quran. 'Abdullah ibn Umar related that the Messenger of Allah (saws) entered upon people while they were praying and they were raising their voices in the Quranic recital. The Prophet (saws) said: "One who is praying is in a private conversation with his Lord so he should be mindful of whom he is conversing with_ And you should riot raise your voices against each other while reciting the Qur'an" [Ahmed].
Abu Sa'id Al-Khudri (ra) reported that the Prophet (saws) was making seclusion (i'tikaf) in the mosque and he heard the people reciting (Qur'an] aloud. He removed the covering and said: "Verily, each of you is in a private conversation with his Lord so you should not disturb each other. And you are not to raise your voices against each other in the recitation" [Abu Dawud & an-Nasai].
Maintaining, the Masjids
There are big virtues in cleaning and caring for the mosques. As someone would take care of his own house, Islam has greatly encouraged its followers to take care of the houses of Allah (swt), and to clean them from any sort of dirt or bad smells. Such duty is not only incumbent upon the caretaker or the committee running that mosque, but is also the duty of every Muslim. It is the house of Allah (swt) and we should all take care of His houses. The following hadeeth is a good example on how someone might be successful by taking care of a mosque. Abu-Hurairah (ra) related that: 'ii dark-skinned woman used to take care of the mosque. One day the Prophet (saws) did not see her serving the mosque, and enquired about her. He was informed that she had died Whereupon he said: "Why didn't you inform me of this!. The companions had not though the matter of any importance. Thereafter he asked them to show him her grave. On being shown the grave, he performed Janaza prayer and said: "Their graves are full of darkness for their inmates, and Allah illuminates them for their occupants as a result of my Salah (Du'a) for them" [Bukhari & Muslim]
Notes and References:
Many mosques, imambargahs built illegally By Bahzad Alam Khan 05 August 2004 Thursday 18 Jamadi-us-Saani 1425 [1] http://archives.dawn.com/2004/08/05/local10.htm
Mosques on encroached land June 16, 2007 Saturday Jamadi-ul-Awwal 30, 1428 http://archives.dawn.com/2007/06/16/ed.htm#2
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