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__label__cc	0.64343	0.35657	Beau Steward Mortality Rate And Scale A lot of numbers tend to get thrown around when trying to argue what to do about this pandemic. I've seen the claim that anywhere from 0.01% to 1% of people die from COVID-19 in order to support the argument that we are overreacting with masks, social distancing, lockdowns, etc. First, let's straighten out some numbers. The CDC estimates the fatality rate for those showing symptoms somewhere between 0.2% and 1%, with a best guess estimate of 0.4%. It also estimates asymptomatic cases between 20% and 50% with a best guess estimate of 35%. Given these data points, fatality rate is likely around 0.26% overall. Some experts are of the opinion that the CDC's estimates are actually low. So the CDC numbers are optimistic, on the good side, and we're going to use this for now. These are really small percentages. So it's easy to ask why one should worry. One of the problems is this paints a black and white picture, but the picture is actually a lot more gray. I'll touch on that more later. I want to hit on the scale of the numbers. It's estimated there are somewhere between 320 and 330 million people in the US. We're being optimistic so lets use the lower number to help the numbers stay on the low side. What's 0.26% of 320 million? It's 832 thousand. 832 thousand what? Dead people. If we let the virus run free and infect everyone, 832 thousand people will die. This is avoidable. That's what the countermeasures are all about. Avoiding something avoidable. But, as I noted repeatedly, this is optimistic. Based on some data analysis of localized cases in various places where it's much easier to measure the impact, the fatality rate was closer to 0.5%, and the US population is actually closer to around 329 million. 0.5% still feels like a really small chance, though, so why should you worry? 0.5% of 329 million is 1.65 million. That's 1.65 million people dead. We need to stop thinking about the chances of me dying and think more about keeping infections down. The fatality rate will improve as our methods of treatment get better, which will improve as we understand the disease better. But if we limit the spread, we keep the number infected down, which keeps the number of deaths down. That's what it's about. It's not about me. It's not about you. It's about everyone. But there's a bigger problem. This isn't just life or death. It's not black and white. It's very gray. We're still learning about this disease. COVID-19 does some damage. The damage may never heal. You may survive infection, but you may not come out of it without scars. In some cases, literal scars. And it's not just a problem for the symptomatic. Medical professionals have been finding damage to asymptomatic patients suspected to be related to the viral infection. They have the antibodies indicating an infection, and damage similar to those who previously suffered symptomatically. SARS-CoV-2 has been declared neurotoxic and hemotoxic, and it likely affects everyone who gets infected, even the asymptomatic ones. The gray area is quite scary. SARS-CoV-2 is highly contagious. Everyone who gets infected can spread it. Yes, even the asymptomatic. And the scary part is you can't ever know whether you are infected or not until you get a positive test. Why? Current testing takes days or weeks to get results and in that time you can catch it, and then get a negative result back. And if you get careless because of that negative result, you can spread it. Getting a negative result is not an excuse to lower your guard. So you might think that my opinion is we should stay in a perpetual lockdown. That is absolutely incorrect. My opinion is it's possible to maintain a reasonably healthy economy...if we take all the other precautions. There's so many people that are tired of all the restrictions, but then they argue that masks are dumb and we should be allowed to party, hold rallies, etc. So long as we don't take this seriously, we're going to have a perpetual economic collapse looming, up to and including an actual collapse due to the stupid decision of many people. If we can't control the spread because we refuse to do what's necessary to do so, then we can't maintain a healthy social environment. Plain. And. Simple. 0.26% to 0.5% sounds like there's no risk to being a dumb fuck. It's not about risk. It's about the scale of numbers. Because it's about 0.26% to 0.5% of 329 million Americans dying. Or, perhaps, we can keep infection rates low, so it's, instead, 0.26% to 0.5% of 10 million. But if you MUST think only about yourself and your risk, maybe you should consider that you could end up as one of the 35% asymptomatic and never realize you're infected until you get diagnosed with COVID-19 related damage. 35% is a bigger more scary number. Let's talk about herd immunity, which certain demographics of Americans seem hell bent on using as an excuse to infect as many people with COVID-19 as possible, consequences be damned. These people do Aetna Is No Better How dare me believe Aetna would be better than United Health Care! A couple of years ago, I broke my foot. Fun was had all around. At the time, I had UHC, and boy was that a nightmare to deal with. I Beards And Masks I've already written a couple of times about masks. One of the early assumptions about masks was how ineffective they become with facial hair. This holds true for respirator style masks. However, as w ©2020 by Beau Steward.	cc/2021-04/en_head_0017.json.gz/line893
__label__wiki	0.852973	0.852973	Patient Voice Don't have a https://www.bjfm.co.uk account? create an account now NHS-funded surf therapy to boost wellbeing British Journal of Family Medicine, November, 2013 Learning to catch your first wave could help conquer depression and low self-esteem, according to a project launched by the NHS in Dorset. The £10,000 pilot scheme, funded by Dorset Healthcare University Foundation Trust, offers young people a series of surf lessons on prescription. The fledgling surfers arrive at the seashore facing a range of challenges - from coping with the death of loved ones to dealing with autism or anxiety disorders, the BBC reported. Brandon is 14 and has been referred by social services to help him settle into a home in foster care and a new class at school. He has had five sessions so far, learning to become familiar with his board, and how to paddle, pop-up and ride the waves. Each young person has a volunteer mentor who provides one-to-one support both in and out of the water. Brendon says his experiences at sea have made him more confident. "Now I am more happy to make friends and I am not shy to let myself out there in the middle of the group instead of just standing back there in the shadows," he says. 'Strong link' The surf therapy is run by the Wave Project and is open to people aged between eight and 21 who have been referred by mental health, school or social services or bereavement charities. Joe Taylor, who runs the not-for-profit scheme, says: "What is great is it doesn't feel like therapy for the young people but there are therapeutic principles behind it such as reducing anxiety, promoting confidence and well-being. "It's the sense they have gone into a challenge that they did not necessarily believe they could do, discovered they could do it and that people were supporting them, making them feel more able to do all sorts of different things in their lives." And Melissa Scott, team leader of Bournemouth and Christchurch child and adolescent mental health services, says this scheme builds on the very strong link between mental and emotional wellbeing and physical activity. The Wave Project has run similar sessions on the Cornwall and Devon coasts for the past few years, part funded by the Cornwall and Isles of Scilly Primary Care Trust and with support from charities such as the Big Lottery Fund and BBC Children in Need. And two local doctors, Laura Bond and Sarah Colpus, who volunteer there, recently presented research on the project at the British Association of Sports and Exercise Medicine Conference. They looked at more than 100 questionnaires filled in by young people before and after the surfing course. 'New Challenges' Taking into account feedback from parents and carers, they found the majority felt their confidence, self-esteem and wellbeing had improved after the course. And parents and people who referred the children said they seemed more engaged in school and had improved behaviour. Dr Bond said: "Having volunteered with the Wave Project this year, we have seen first hand the really positive impact that the project has on young people who are referred to it. "But now we have evidence to support the incredible feedback we have seen from clients and parents, so we hope that surfing will be taken more seriously as an intervention by medical professionals." Dr Jenny Lloyd, of the Exeter University Medical School, who researches child health and wellbeing, said: "In terms of building children's confidence and self-esteem, this is a fantastic initiative. But we cannot say it has greater benefits or is more cost-effective than an activity other than surfing. "This sort of research is not able to tell us that. If at the core it is group work, or learning new skills that are behind the improvements in wellbeing, there may be other activities which also fit the bill." But Brandon says is glad he had this opportunity. He says: "Starting new challenges like this helps me look forward to other challenges. I feel more focused and I'm not afraid to do something different. "And I think after these few sessions I might just buy my own board and just get out there." Email: info@bjfm.co.uk	cc/2021-04/en_head_0017.json.gz/line896
__label__wiki	0.968128	0.968128	JUDAS PRIEST's ROB HALFORD Speaks Out Against Body Shaming In a new interview with "A Gay And A Nongay Podcast", JUDAS PRIEST singer Rob Halford, who came out more than 20 years ago, was asked what advice he had for for gay men and women who feel like they don't fit common gay stereotypes. He said (see video below): "I think that the whole body shaming and imaging is just as prevalent in the straight world as it is in the gay world. You always have to have somebody with a six-pack on [on the cover of] a gay mag, and that's wrong. You always have to have some beautiful, slim, gorgeous woman on [the cover of] a straight magazine or whatever. It's just mad that we're still at that place. Just push by that, 'cause it's fluff — it really is fluff. It has no relevance whatsoever. "If you're a person who wants to keep fit — and I've got some really fit straight friends — I admire that; I admire your conviction to doing these great things for yourself and for your body, because it does have a knock-on effect," he continued. "But in terms of the level of it being superficial and not really, really being important, yeah, we need to look at that differently. And over the years, it's gotten a little better, for girls who are plus size, for example, and there's a whole broader acceptance, as there should be. "Look, this is your body. Be proud of it. Be proud of the way you look, the way you are, 'cause you're a beautiful person. It's not what the outside is about; it's the inside that matters — [what you have] in your heart and in your mind. "I'm all for pushing back at that kind of theory," Halford added. "And especially over here [in the U.S.]. I mean, you look at some of the newscasters; they're like movies stars — they've gotta look like a movie star. And I'm, like, 'What is that all about?' So it varies from place to place." Rob is continuing to promote his recently released autobiography, "Confess". In the book, Halford discusses in detail what it was like becoming the first metal icon to announce he is gay in 1998 during an MTV interview, despite knowing about his sexuality since he was 10. Although his bandmates and their management knew he was gay and were accepting, he was advised to be discreet given the macho hetero nature of the metal world. He also opens up about surviving sexual abuse, as well as his struggles with depression, substance abuse, sobriety, and the suicide of one of his former partners. He also talks about how his own suicide attempt in 1986 led him to the rehab program that saved his life. "Confess" arrived on September 29 via Hachette Books. It was written with Ian Gittins, co-writer of "The Heroin Diaries" by Nikki Sixx. In the book, Halford revealed that he knew he was gay during a time when gay men were "full-on persecuted" in his native United Kingdom. He came out to his parents three years later. "God made me this way," he told People. "This was placed inside of me. This is who I am." Tags: judas priest	cc/2021-04/en_head_0017.json.gz/line897
__label__wiki	0.943464	0.943464	Born: August 24, 1973 Birthplace: Washington, DC Zodiac Sign: Virgo Career and Life David Khari Webber Chappelle is an American stand-up comedian, actor, writer, and producer. Chappelle is the recipient of numerous accolades, including two Emmy Awards and two Grammy Awards. He is most known for his iconic and acclaimed satirical comedy sketch series Chappelle's Show (2003). The series was also co-written by Neal Brennan, which ran until Chappelle's retirement from the show two years later. After leaving the show, Chappelle returned to performing stand-up comedy across the U.S. By 2006, Chappelle was called the "comic genius of America" by Esquire and, in 2013, "the best" by a Billboard writer. In 2017, Rolling Stone ranked him No. 9 in their "50 Best Stand Up Comics of All Time." Chappelle has appeared in several films including Mel Brooks's Robin Hood: Men in Tights, The Nutty Professor, Con Air, You've Got Mail, Blue Streak and Undercover Brother. His first lead role was in the 1998 comedy film Half Baked, which he co-wrote with Neal Brennan. Chappelle also starred in the ABC TV series Buddies. In 2016, he signed a $20 million-per-release comedy-special deal with Netflix and in 2017, he has released four standup specials so far. Chappelle received his first Emmy Award in 2017 for his guest appearance on Saturday Night Live. In 2018, he received a Grammy Award for his Netflix specials The Age of Spin & Deep in the Heart of Texas. Equanimity, his Netflix special, was nominated in 2018 for three Emmys and received the award for Outstanding Variety Special (Pre-Recorded). In 2019, Chappelle was selected to receive the Mark Twain Prize for American Humor presented by the Kennedy Center as America's highest comedy honor. Black Celebrity Birthdays \| Black Celebrities Born in July and August We acknowledge, celebrate, remember and cherish the many shades of Black Excellence.	cc/2021-04/en_head_0017.json.gz/line898
__label__cc	0.624138	0.375862	Jurisprudence - Fiqh khalid1980 СохранитьСохранить «Jurisprudence - Fiqh» для последующего чтения 281 просмотров435 страниц Islamic Jurisprudence.pdf Syllabus-LLB Part 1 Meaning and Types of Education &^% the Negotiation of Modernity Through Tradition in Contemporary Muslim Intellectual Discourse the Neo Ghazlian Attasian Perspective Arab Law Quarterly - Dissolution of Contract in Islamic Law Islamic Jurisprudence Book Islamic Jurisprudence 2 Muhammad Abduh - The Foundation of Science and Technology in View of Muhammad Abduh Sources of Islamic Law Religions Et Religiosites Dans La Gouvernance Africaine Malfoozaat (statements and anecdotes) of Faqeeh-ul-Ummat Mufti Mahmood Hasan Gangohi (Rah.)Vol. 1 alahrf-alsbat.pdf OUTLINES OF ISLAMIC JURISPRUDENCE Imran Ahsan Khan Nyazee info@nyazee.com JJ II December 5, 2000 J I ZOOMIN CTRL= ZOOMOUT CTRL- Advanced c Legal Studies Institute The purpose of this book was to present in a very concise way almost all the topics that are studied in Islamic law. The result was that some of the topics were reduced to mere definitions or explanations in a few lines. Surprisingly, many readers found this to be a good idea and the first edition of the book is now out of print. This book is the draft of the revised second edition. This means that it is still to be Home Page edited and some sections may be cut out. Suggestions for improving the book are welcome. It might be a good idea to use the index to jump to the required topic. In Adobe Acrobat Reader: Use F7 to access Title Page the menu, CTRL= to zoom in and CTRL- to zoom out. Contents Those who wish to study Us.ūl al-Fiqh in greater detail may refer to Imran Ahsan Khan Nyazee, Islamic Jurisprudence (Islamabad: IIIT & IRI, 2000) JJ II 1 Islamic Law in the Modern World 21 1.1 The Future of Islamic Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 1.2 The Study of Islamic Jurisprudence is an Obligation . . . . . . . . . . . . . . . . . . . . . 23 Home Page 1.3 The Scope of this Book . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 2 The Scope of Islamic Law and Jurisprudence 25 2.1 The Subject-matter of Islamic Jurisprudence . . . . . . . . . . . . . . . . . . . . . . . . . 27 2.1.1 Us.ūl al-Fiqh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 JJ II 2.1.2 Fiqh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 2.1.3 The Siyāsah Shar‘iyyah: The Administration of Justice According to the Sharı̄‘ah 29 J I 2.1.4 Qawā‘id Fiqhiyyah: The Principles of Fiqh . . . . . . . . . . . . . . . . . . . . . . 30 Page 1 of 433 2.1.5 Furūq: The Science of Distinguishing Cases . . . . . . . . . . . . . . . . . . . . . . 30 2.1.6 Maqās.id al-Sharı̄‘ah: Islamic Justice Through the Purposes of the Sharı̄‘ah . . . . 31 Go Back 2.1.7 Ah.kām al-Qur’ān and Tafsı̄r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 2.1.8 The Discipline of Khilāf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 2.2 Has a Variety of Opinions Caused Disunity Among the Muslims? . . . . . . . . . . . . . . 32 Close 2.3 The Schools of Law are not Sects but Systems of Interpretation . . . . . . . . . . . . . . . 33 2.4 Islam has a Fully Developed and Mature Legal System . . . . . . . . . . . . . . . . . . . . 34 Quit 3 The Meaning of Us.ūl al-Fiqh and Basic Terms 35 3.1 The Literal Meaning of Fiqh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 3.2 Earlier General Meaning of Fiqh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 3.3 Later Shāfi‘ite Definition of Fiqh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 3.4 Distinctions Based on the Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 3.4.1 Distinction between sharı̄‘ah and fiqh . . . . . . . . . . . . . . . . . . . . . . . . . 39 3.4.2 Distinction between mujtahid and faqı̄h . . . . . . . . . . . . . . . . . . . . . . . . 39 3.4.3 Distinction between ijtihād and taqlı̄d . . . . . . . . . . . . . . . . . . . . . . . . . 40 3.4.4 Distinction between a muqallid and a faqı̄h . . . . . . . . . . . . . . . . . . . . . . 41 3.5 The Meaning of As.l and Us.ūl al-Fiqh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 3.6 Widening the Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 3.6.1 A Wider Definition of Fiqh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 3.6.2 A Wider Definition of Us.ūl al-Fiqh . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Home Page I The H . ukm Shar‘ı̄ 47 Contents 4 The H . ukm: What is Islamic Law? 48 JJ II 4.1 The Elements of the H . ukm Shar‘ı̄ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 4.2 The Meaning of the H J I . ukm Shar‘ı̄ or the Meaning of Islamic Law . . . . . . . . . . . . . . 49 4.3 The H . ukm Taklı̄fı̄ (Obligation Creating Rules) . . . . . . . . . . . . . . . . . . . . . . . . 53 Page 2 of 433 4.4 The H . ukm Wad.‘ı̄—Declaratory Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 4.5 The Distinction Between the H . ukm Taklı̄fı̄ and the H . ukm Wad.‘ı̄ . . . . . . . . . . . . . . 56 Go Back 5 Classification of Islamic Law 57 Full Screen 5.1 The Meaning of Wājib (Obligatory Act) and its Different Types . . . . . . . . . . . . . . . 57 Close 5.1.1 The h.ukm or rule for the wājib . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 5.2 The Classifications of the Wājib (Obligatory Act) . . . . . . . . . . . . . . . . . . . . . . . 59 Quit 5.2.1 Classification based on the time available for performance: wājib mut.laq and wājib muqayyad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 5.2.1.1 Wājib mut.laq (obligatory act independent of time) . . . . . . . . . . . . . 59 5.2.1.2 Wājib muqayyad also called wājib mu’aqqat (obligatory act limited by time) 59 5.2.1.2.1 First subdivision of the wājib mu’aqqat: early, timely and delayed performance or ta‘jı̄l, adā’ and qad.ā’. . . . . . . . . . . . . . . . 60 5.2.1.2.2 Second subdivision of the wājib mu’aqqat: wide, narrow and dual duration for the performance of the act or muwassa‘, mud.ayyaq and dhū shibhayn. . . . . . . . . . . . . . . . . . . . . . . . . . . 61 5.2.2 Classification based on the extent of the required act . . . . . . . . . . . . . . . . . 62 5.2.2.1 Wājib muh.addad (determinate obligatory act) . . . . . . . . . . . . . . . 62 5.2.2.2 Wājib ghayr muh.addad (indeterminate obligatory act) . . . . . . . . . . . 62 5.2.3 Classification based on the subjects who are required to perform . . . . . . . . . . 63 Home Page 5.2.3.1 Wājib ‘aynı̄ (the universal obligatory act) . . . . . . . . . . . . . . . . . . 63 5.2.3.2 Wājib kifā’ı̄ (the communal obligatory act) . . . . . . . . . . . . . . . . . 63 Title Page 5.2.4 Classification based on the identification of the object of the required act . . . . . . 64 5.2.4.1 Wājib mu‘ayyan (the specified obligatory act) . . . . . . . . . . . . . . . 64 5.2.4.2 Wājib mukhayyar (the unspecified obligatory act or obligatory act with JJ II an option as to its performance) . . . . . . . . . . . . . . . . . . . . . . . . 64 5.3 The Meaning of Mandūb (Recommended Act) and its Different Types . . . . . . . . . . . 64 5.3.1 Types of Mandūb . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Page 3 of 433 5.3.1.1 Sunnah mu’akkadah (the emphatic recommended act) . . . . . . . . . . . 66 5.3.1.2 Sunnah ghayr mu’akkadah (non-emphatic recommended act)—nafl, mustah.abb 66 Go Back 5.3.1.3 Sunnat zawā’id . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 5.4 The Meaning of H . arām (Prohibited Act) and its Different Types . . . . . . . . . . . . . . 67 5.4.1 The types of h.arām . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Close 5.4.1.1 H . arām li-dhātihı̄ (prohibited for itself) . . . . . . . . . . . . . . . . . . . 68 . arām li-ghayrihı̄ (prohibited for an external factor) . . . . . . . . . . . . 69 5.4.1.3 Distinction between the two types . . . . . . . . . . . . . . . . . . . . . . 69 5.5 The Meaning of Makrūh (Disapproved Act) and its Different Types . . . . . . . . . . . . . 70 5.6 The Meaning of Mubāh. (Permitted Act) and its Different Types . . . . . . . . . . . . . . . 71 5.7 The H . ukm Wad.‘ı̄ or the Declaratory Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 5.7.1 Sabab, shart. and māni‘ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 5.7.1.1 Sabab (Cause). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 5.7.1.2 Shart. (Condition). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 5.7.1.3 Māni‘ (Obstacle). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 5.7.2 S.ih.h.ah, fasād and but.lān (validity, vititation and nullity) . . . . . . . . . . . . . . 75 5.7.3 ‘Azı̄mah and rukhs.ah (initial rules and exemptions) . . . . . . . . . . . . . . . . . 76 6 The Lawgiver (H . ākim) 77 6.1 Allah is the True Source of all Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 6.2 The Fundamental Norm of the Legal System . . . . . . . . . . . . . . . . . . . . . . . . . 78 6.3 The Law and the Interest of Man . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 6.3.1 Is Man the sole purpose of creation? . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Title Page 6.3.2 Can we employ mas.lah.ah (interest) for new laws? . . . . . . . . . . . . . . . . . . . 81 6.4 Are the Sharı̄‘ah and Natural Law Compatible? . . . . . . . . . . . . . . . . . . . . . . . . 81 7 The Act (Mah . kūm Fı̄h) 86 7.1 The Conditions for the Creation of Obligation (Taklı̄f ) . . . . . . . . . . . . . . . . . . . . 87 J I 7.1.1 The act to be performed or avoided must be known . . . . . . . . . . . . . . . . . . 87 7.1.2 The subject should be able to perform the act . . . . . . . . . . . . . . . . . . . . . 88 7.2 The Nature of the Act (Mah.kūm Fı̄h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Go Back 7.3 Classification of the H . ukm Taklı̄fı̄ on the Basis of Rights . . . . . . . . . . . . . . . . . . . 90 7.4 Classification of Duties: Original and Substitutory . . . . . . . . . . . . . . . . . . . . . . 92 Full Screen 7.5 Human Rights and Other Classifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 8 The Subject (Mah . kūm ‘Alayh) 95 Quit 8.1 Ahlı̄yah or Legal Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 8.2 The Underlying Bases of Legal Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 8.3 Complete Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 8.3.1 The stages leading to complete legal capacity . . . . . . . . . . . . . . . . . . . . . 100 8.4 Deficient and Imperfect Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 8.4.1 Cases of deficient legal capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 8.4.1.1 The unborn child (janı̄n) . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 8.4.1.2 Capacity of a dead person . . . . . . . . . . . . . . . . . . . . . . . . . . 101 8.4.1.3 Capacity of a fictitious person. . . . . . . . . . . . . . . . . . . . . . . . . 102 8.4.1.4 Capacity of the minor (s.abı̄) . . . . . . . . . . . . . . . . . . . . . . . . . 103 8.4.2 Cases of Imperfect Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 8.4.2.1 Legal Capacity of a Woman . . . . . . . . . . . . . . . . . . . . . . . . . . 105 8.4.2.1.1 Evidence of women. . . . . . . . . . . . . . . . . . . . . . . . . . 105 8.4.2.1.2 A woman’s share in inheritance. . . . . . . . . . . . . . . . . . . 106 8.4.2.1.3 Right to divorce. . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Home Page 8.4.2.1.4 Diyah. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 8.4.2.1.5 Judicial office and being head of state. . . . . . . . . . . . . . . . 107 Title Page 8.4.2.2 Slaves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 9 Causes of Defective Legal Capacity 109 JJ II 9.1 Natural causes of defective capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 9.1.1 Minority (s.ighar ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 J I 9.1.2 Insanity (junūn) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 9.1.3 Idiocy (‘atah) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 9.1.4 Sleep and fits of fainting (nawm, ighmā’ ) . . . . . . . . . . . . . . . . . . . . . . . 112 Go Back 9.1.5 Forgetfulness (nisyān) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 9.1.6 Death-illness (marad. al-mawt) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 9.2 Acquired Causes of Defective Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Close 9.2.1 Intoxication (sukr ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 9.2.2 Jest (hazl ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Quit 9.2.3 Indiscretion (safah) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 9.2.4 Coercion and duress (ikrāh) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 9.2.4.0.1 Effect on free will. . . . . . . . . . . . . . . . . . . . . . . . . . . 118 9.2.4.0.2 Effect of coercion on legal capacity. . . . . . . . . . . . . . . . . 120 9.2.5 Mistake and ignorance (khat.a’, shubhah, and jahl ) . . . . . . . . . . . . . . . . . . 121 II The Sources of Islamic Law 123 10 The Primary Sources of Islamic Law 124 10.1 The Distinction Between Primary and Secondary Sources . . . . . . . . . . . . . . . . . . 124 10.2 Grades of the Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 10.3 The Qur’ān . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 10.3.1 The Recording and Revelation of the Qur’ān . . . . . . . . . . . . . . . . . . . . . 130 Home Page 10.3.2 The ah.kām in the Qur’ān . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 10.4 The Sunnah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Title Page 10.4.1 Kinds of Sunnah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 10.4.2 Conditions imposed by jurists for acting upon the muttas.il h.adı̄th . . . . . . . . . . 137 10.4.2.1 Conditions for the mutawātir and the mashhūr . . . . . . . . . . . . . . . 137 JJ II 10.4.2.2 Conditions for the khabar wāh.id . . . . . . . . . . . . . . . . . . . . . . . 138 10.5 Status of the Sunnah With Respect to the Qur’ān . . . . . . . . . . . . . . . . . . . . . . 139 J I 10.6 Consensus of Legal Opinion (Ijmā‘ ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Page 6 of 433 10.6.1 Conditions for the Validity of Ijmā‘ . . . . . . . . . . . . . . . . . . . . . . . . . . 141 10.6.2 Types of ijmā‘ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Go Back 10.6.3 The legal force of ijmā‘ as a source . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 10.6.4 Role of ijmā‘ in the modern world . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 11 Secondary Sources 146 11.1 Qiyās (Analogy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Quit 11.1.1 Elements of qiyās . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 11.1.2 Examples of qiyās . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 11.1.3 Qiyās jalı̄ and qiyās khafı̄ or manifest and concealed analogy . . . . . . . . . . . . 149 11.2 Istih.sān (Juristic Preference) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 11.2.1 Examples of istih.sān . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 11.3 Istis.h.āb (Presumption of Continuity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 11.3.1 Istis.h.āb al-h.āl and the Islamization of laws . . . . . . . . . . . . . . . . . . . . . . 153 11.4 Mas.lah.ah Mursalah (Extended Analogy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 11.4.1 Illustrations of mas.lah.ah mursalah . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 11.5 Sadd al-Dharı̄‘ah (Blocking the Lawful Means to an Unlawful End) . . . . . . . . . . . . . 155 11.6 Opinion of a Companion (Qawl al-S.ah.ābı̄) . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 11.7 Earlier Scriptures (Shar‘ Man Qablanā) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 11.7.1 Types of earlier laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 11.8 Custom (‘Urf ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Home Page 11.8.1 Types of ‘urf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 11.8.2 Can the Western laws obtaining in Pakistan be treated as custom? . . . . . . . . . 160 Title Page 11.9 Islamic Law and Roman Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 12 Mas.lah . ah and the Maqās.id al-Sharı̄‘ah 162 JJ II 12.1 The Meaning of Mas.lah.ah (Interest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 12.2 Islamic Law and the Interest of Man . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 J I 12.3 Maqās.id al-Sharı̄‘ah or the Purposes of Islamic Law . . . . . . . . . . . . . . . . . . . . . 165 12.4 What is Beyond the Purposes? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 12.5 Maqās.id al-Sharı̄‘ah and the Texts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 Go Back 12.6 The Nature and Structure of the Maqās.id . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 12.6.1 Primary purposes in the service of the Hereafter . . . . . . . . . . . . . . . . . . . 167 12.6.2 The two faces of the maqās.id . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 Close 12.6.3 Primary and secondary purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 12.6.4 Priorities within the maqās.id . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 Quit 12.6.4.1 Rule 1: The stronger interest shall prevail . . . . . . . . . . . . . . . . . . 173 12.6.4.2 Rule 2: The public interest is prior to the private . . . . . . . . . . . . . . 174 12.6.4.3 Rule 3: The definitive interest prevails over the probable . . . . . . . . . . 174 III Ijtihād and Taqlı̄d 175 13 The Meaning of Ijtihād and its Modes 176 13.1 The Meaning of Ijtihād . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 13.2 The Task of the Mujtahid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 13.3 The Modes of Ijtihād . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 13.4 The Complete Process of Ijtihād . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 13.5 The Qualifications of the Mujtahid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 13.6 Who is a mujtahid today? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 Home Page 13.7 Abrogation (Naskh) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 13.8 The Rules of Preference (Tarjı̄h.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 Title Page 14 Taqlı̄d or Juristic Method 183 Contents 14.1 Taqlı̄d in the Pakistani Legal System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 JJ II IV Islamic Business Law and Property 186 15 Property and Ownership 187 Go Back 15.1 The Nature of Property and Ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 15.1.1 Ownership (milkı̄yah) and possession (milk al-yad ) . . . . . . . . . . . . . . . . . . 187 Full Screen 15.1.2 Types of ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 15.1.3 Possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 15.2 The concepts of property (māl ) and ownership (milk ) . . . . . . . . . . . . . . . . . . . . 190 Quit 15.3 The different classifications of māl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 16 General Principles of Contract 193 16.1 Function of Contracts in Islamic Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 16.2 The Meaning of ‘Aqd . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 16.3 Agreement and its Form (S.ı̄ghah) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 16.3.1 The meaning of ı̄jāb (offer) and qabūl (acceptance) . . . . . . . . . . . . . . . . . . 195 16.3.2 The conditions of offer and acceptance (s.ı̄ghah) . . . . . . . . . . . . . . . . . . . . 196 16.3.2.1 Conformity of offer and acceptance . . . . . . . . . . . . . . . . . . . . . . 196 16.3.2.2 Offer and acceptance in the same session (majlis) . . . . . . . . . . . . . 196 16.3.2.3 Assent must be genuine . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 16.3.2.4 Clash between objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 16.3.2.5 Existence of the offer till the issuance of acceptance . . . . . . . . . . . . 198 16.3.3 Termination of the offer (ı̄jāb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 16.4 Consideration and Islamic law of contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 Home Page 16.4.1 The mah.all (subject-matter) and legality . . . . . . . . . . . . . . . . . . . . . . . 199 16.4.1.1 The meaning of mah.all al-‘aqd . . . . . . . . . . . . . . . . . . . . . . . . 200 Title Page 16.5 Legality of Contracts in Islamic Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 16.5.1 Contracts contrary to Islamic law (shar‘ ) . . . . . . . . . . . . . . . . . . . . . . . 201 16.5.2 Contracts contrary to public policy . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 JJ II 16.5.2.1 The prohibition of gharar (uncertainty leading to dispute) . . . . . . . . . 203 16.5.2.2 Contracts in restraint of trade . . . . . . . . . . . . . . . . . . . . . . . . 203 16.5.2.3 Unconscionable contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 Page 9 of 433 16.5.3 The effect of illegality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 16.6 Contractual Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 Go Back 16.7 Genuineness of Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 16.7.1 Mistake (khat.a’ or shubhah not ghalat.) . . . . . . . . . . . . . . . . . . . . . . . . . 206 16.7.2 Khilābah, taghrı̄r, tadlı̄s, ghabn—fraudulent misrepresentation . . . . . . . . . . . . 208 Close 16.7.3 Undue influence and marad. al-mawt . . . . . . . . . . . . . . . . . . . . . . . . . . 209 16.7.4 Coercion and duress (ikrāh) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 16.8 Types of Contracts and Their Effects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 16.8.1 S.ah.ı̄h., bāt.il and fāsid contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 16.8.2 Immediate and suspended contracts or nāfidh and mawqūf contracts . . . . . . . . 212 16.8.3 Binding and terminable contracts or the lāzim and ghayr lāzim (or jā’iz ) contracts 212 16.8.4 Bilateral contracts versus unilateral contracts (wa‘d ) . . . . . . . . . . . . . . . . . 213 16.8.5 Valid, void, voidable and unenforceable contracts . . . . . . . . . . . . . . . . . . . 214 16.8.6 Executed and executory contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 16.9 Option (Khiyār ) and the Effects of Contracts . . . . . . . . . . . . . . . . . . . . . . . . . 214 16.9.1 Khiyār al-Shart. or the Option to Revoke the Contract . . . . . . . . . . . . . . . . 215 16.9.2 Khiyār al-Ta‘yı̄n or the Option to Ascertain the Subject-matter . . . . . . . . . . . 215 16.9.3 Khiyār al-Ru’yah or the Option of Examination . . . . . . . . . . . . . . . . . . . . 216 16.9.4 Khiyār al-‘Ayb or the Option of Defects . . . . . . . . . . . . . . . . . . . . . . . . 216 16.10 Third Party Rights and Discharge of Contract . . . . . . . . . . . . . . . . . . . . . . . . . 216 16.10.1 Assignments and delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 Home Page 16.10.2 Conditions of performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 16.10.3 Discharge of contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 Title Page 16.10.3.1 Discharge by performance—tanfı̄dh . . . . . . . . . . . . . . . . . . . . . 219 16.10.3.2 Discharge by agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 16.11 Breach and Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 JJ II 16.11.1 Specific performance—ijbār . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 16.11.2 Rescission and Restitution (faskh and irjā’ ) . . . . . . . . . . . . . . . . . . . . . . 222 16.11.3 Reformation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 Page 10 of 433 16.11.4 Recovery based on quasi contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 16.11.5 Principles of compensation and damages . . . . . . . . . . . . . . . . . . . . . . . . 223 Go Back 17 Delegated Authority 225 17.1 Guardianship (Wilāyah) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 Close 17.1.1 Types of Wilāyah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 17.1.2 Grades of the awliyā’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 Quit 17.1.3 The extent of the walı̄’s authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 17.1.3.1 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . 227 17.2 Agency (Wakālah) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 17.2.1 The elements of wakalah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 17.2.1.1 Parties to the contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 17.2.1.2 The subject-matter of wakālah . . . . . . . . . . . . . . . . . . . . . . . . 229 17.2.2 Types of agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 17.2.3 The ah.kām of wakālah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 17.2.4 H. ukm of the contract and its h.uqūq . . . . . . . . . . . . . . . . . . . . . . . . . . 230 17.2.5 Termination of agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 17.3 Ratification and the Acts of the Fud.ūlı̄ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 17.3.1 The h.ukm of the acts of a fud.ūlı̄ . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 17.3.2 Conditions for ratification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233 18 Commercial Transactions 234 18.1 The Meaning of Bay‘ and its Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234 Title Page 18.1.1 The basic types of bay‘ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234 18.2 General Conditions for Commercial Transactions . . . . . . . . . . . . . . . . . . . . . . . 235 18.2.1 It must be māl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236 JJ II 18.2.2 The subject-matter must be in existence at the time of the contract . . . . . . . . 239 18.2.3 The seller must have the capacity to deliver the subject-matter . . . . . . . . . . . 240 J I 18.2.4 The parties must have knowledge of the subject-matter . . . . . . . . . . . . . . . 241 18.2.4.1 Rules for fungible and non-fungible goods . . . . . . . . . . . . . . . . . . 242 18.3 Sale of Goods for Cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 Go Back 18.3.1 The spot sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 18.3.2 Credit sale (bay‘ al-nası̄’ah) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 18.3.3 Advance payment (salam) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 Close 18.3.4 Goods made to order (istis.nā’ ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245 18.3.5 Sale with earnest money (‘urbūn) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245 Quit 18.3.6 Contract for supplies (tawrı̄d ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 18.3.7 Sale with stated profit (murābah.ah) . . . . . . . . . . . . . . . . . . . . . . . . . . 246 18.3.8 Sale at cost price (tawlı̄yah) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247 18.3.9 Sale at less than cost price (wad.ı̄‘ah) . . . . . . . . . . . . . . . . . . . . . . . . . . 247 18.4 Loans and Exchange of Currencies (S.arf ) . . . . . . . . . . . . . . . . . . . . . . . . . . . 247 18.5 The Prohibition of Ribā and Commercial Transactions . . . . . . . . . . . . . . . . . . . . 249 18.5.1 The four rules of ribā . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 18.6 Transactions Prohibited (or Vitiated) for Various Reasons . . . . . . . . . . . . . . . . . . 252 18.7 The Contract of Hire (ijārah) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 18.7.1 The conditions of ijārah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 18.7.2 Types of ijārah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254 18.8 General Offers (Ji‘ālah) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254 19 Security of Debts, Insolvency and Interdiction 256 19.1 The Meaning of Debt: ‘Ayn, Dayn, and Istiqrād. . . . . . . . . . . . . . . . . . . . . . . . 256 19.2 Assignment and Negotiation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 Title Page 19.3 H. awālah and Muqās..sah (Assignment, Transfer of Debt) . . . . . . . . . . . . . . . . . . . 259 19.3.1 H . awālah and negotiable instrument . . . . . . . . . . . . . . . . . . . . . . . . . . 260 19.3.2 Muqās..sah (Claim-swapping) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 JJ II 19.4 Kafālah (Surety) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 19.5 Rahn (Pledge, Mortgage, Collateral) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261 J I 19.6 Bay‘ al-Wafā’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 19.7 Extinction of Rights (Ibrā’ ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 19.8 Taflı̄s (Insolvency, Bankruptcy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 Go Back 19.9 Interdiction (H . ajr ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 19.9.1 Types of h.ajr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 20 Acquisition of Property and Liens 267 20.1 Acquisition and Disposal of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267 Quit 20.2 Modes of acquisition of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 20.2.1 Contracts and declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 20.2.2 Claim as a third party (Istih.qāq) and restitution . . . . . . . . . . . . . . . . . . . 269 20.2.3 Preemption (Shuf‘ah) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 20.2.4 Revival of Barren Land (Ih.yā’ al-Mawāt) . . . . . . . . . . . . . . . . . . . . . . . 270 20.2.5 H . imā and Iqt.ā‘ (Estates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271 20.2.6 Ma‘ādin (Minerals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272 20.2.7 Found Property (Luqt.ah) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272 20.2.7.1 The Laqı̄t. (Foundling) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273 20.2.8 Prizes or Prize Money (Sabq) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273 20.2.9 Property of the mafqūd (missing person) . . . . . . . . . . . . . . . . . . . . . . . . 274 20.3 Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274 20.3.1 Leaseholds (ijārah, kirā’ ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274 20.3.2 Wadı̄‘ah (deposit, bailment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274 Home Page 20.3.3 Rights in the property of others: easements and servitudes (irtifāq) . . . . . . . . . 275 20.4 Partitioning of Property (Qismah) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 Title Page 21 Enterprise Organization 278 21.1 Definition of Partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278 JJ II 21.2 Types of Partnerships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278 21.2.1 Types of partnership according to the majority . . . . . . . . . . . . . . . . . . . . 279 J I 21.2.2 Types of partnership according to the H . anafı̄s . . . . . . . . . . . . . . . . . . . . . 280 21.3 The ‘Inān Partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281 21.4 The Mufāwad.ah Partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281 Go Back 21.5 Mud.ārabah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283 21.5.1 The Conditions of Mud.ārabah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284 21.6 Muzāra‘ah (Share-cropping) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285 Close 21.7 Musāqāh or Mu‘āmalah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286 21.8 Corporations and Islamic Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287 Quit V The Islamic Law of Persons 289 22 Marriage 290 22.1 The h.ukm of marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290 22.2 Looking at the Would be Spouse Before Proposal . . . . . . . . . . . . . . . . . . . . . . . 291 22.3 The Formation of the Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 22.3.1 Consent in marriage (legal capacity) . . . . . . . . . . . . . . . . . . . . . . . . . . 291 22.3.2 Whose consent? Guardian’s? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292 22.3.3 Is Guardianship a Condition for the Validity of the Contract of Marriage? . . . . . 293 22.3.4 Stipulating an option (khiyār ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295 22.4 Witnesses (Shahādah) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295 22.5 Dower (S.ad.āq) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296 22.5.1 Dower amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297 22.5.2 Species and void dowers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297 22.5.3 Deferred and prompt dower . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298 Title Page 22.5.4 Dower and divorce prior to consummation . . . . . . . . . . . . . . . . . . . . . . . 299 22.6 Impediments to Marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299 22.6.1 Lineage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 JJ II 22.6.2 Relationship Through Marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 22.6.3 Fosterage (Suckling; Wet-nursing) . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 J I 22.6.4 Unlawful Intercourse (Zinā) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 22.6.5 Number of Marriages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 22.6.6 Combination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 Go Back 22.6.7 Disbelief (Kufr ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303 22.6.8 The Ritual State of Ih.rām . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303 22.6.9 Illness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304 Close 22.6.10 ‘Iddah (Waiting Period) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304 22.7 The Requisites of Option in Marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304 Quit 22.7.1 The Option of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304 22.7.2 Option on Inability to Pay Dower and Maintenance . . . . . . . . . . . . . . . . . . 305 22.7.3 Option Upon Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305 22.8 Marital Rights and the Restitution of Conjugal Rights . . . . . . . . . . . . . . . . . . . . 306 22.8.1 Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306 22.8.2 Polygamous marriage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307 22.8.3 Nursing and taking care of the house . . . . . . . . . . . . . . . . . . . . . . . . . . 308 22.9 H. ad.ānah (H . azānat in Urdu) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308 22.10 Marriages Prohibited by Law and Void marriages . . . . . . . . . . . . . . . . . . . . . . . 309 23 Divorce and Separation 311 23.1 The Kinds of Divorce (T . alāq) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311 23.1.1 Bā’in and Raj‘ı̄ Divorces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311 23.1.2 Sunnah and Bid‘ah Forms of Divorce . . . . . . . . . . . . . . . . . . . . . . . . . 312 23.1.3 Khul‘ (Redemption) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313 23.2 Tafwı̄d., takhyı̄r and tamlı̄k . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314 Title Page 23.3 Retraction after Divorce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315 23.4 Waiting Period (‘Iddah) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316 23.5 Gift of Consolation Paid to a Divorced Woman (Mut‘ah) . . . . . . . . . . . . . . . . . . . 318 JJ II 23.6 Appointment of Arbitrators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 23.7 Mourning (Ih.dād ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320 J I 23.8 Vow of Continence (Īlā’ ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320 23.9 Injurious Assimilation (Z . ihār ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321 23.10 Imprecation (Li‘ān) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322 Go Back 24 Inheritance, Bequests and Trusts 324 Full Screen 24.1 Inheritance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324 24.1.1 The as.h.āb al-farā’id. or sharers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325 24.1.2 The as.abāt or residuaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326 Quit 24.1.3 The dhawū’l-arh.ām or distant kindred . . . . . . . . . . . . . . . . . . . . . . . . . 327 24.1.4 The doctrine of h.ajb or exclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327 24.2 Was.ı̄yah (Bequest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328 24.3 Gift (Hibah) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329 24.4 ‘Ārı̄yah (commodate loan) and qard. (cash loan) . . . . . . . . . . . . . . . . . . . . . . . . 331 24.5 Waqf (Charitable Trust) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332 VI The Islamic State and Public Law 334 25 The Islamic State and its Duties 335 25.1 Single state and multiple states . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335 25.2 The duties of the rulers in an Islamic state . . . . . . . . . . . . . . . . . . . . . . . . . . 340 25.3 Amr bi al-Ma‘rūf wa Nahy ‘an al-Munkar . . . . . . . . . . . . . . . . . . . . . . . . . . . 341 Home Page 25.4 The Islamic state and democracy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343 25.5 The Islamic state and the economic system . . . . . . . . . . . . . . . . . . . . . . . . . . 343 Title Page 26 Crimes and Torts 346 Contents 26.1 The aims of the criminal law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347 JJ II 26.2 Classification of Crimes in Islamic Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348 26.2.1 Classification on the basis of the right affected: h.add, ta‘zı̄r and siyāsah . . . . . . 348 J I 26.2.2 Differences between ta‘zı̄r and siyāsah . . . . . . . . . . . . . . . . . . . . . . . . . 350 26.3 Offences and their penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352 26.3.1 H . add Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352 Go Back 26.3.1.1 Zinā or unlawful sexual intercourse . . . . . . . . . . . . . . . . . . . . . 353 26.3.1.2 Qadhf or false accusation of unlawful sexual intercourse . . . . . . . . . . 354 Full Screen 26.3.1.3 Shurb or drinking of wine or intoxicating beverages . . . . . . . . . . . . . 354 Close 26.3.1.4 Sariqah or theft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 26.3.1.5 H . irābah or robbery through the force of arms . . . . . . . . . . . . . . . . 355 Quit 26.3.1.6 Apostasy (riddah) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356 26.3.2 J.ināyat (bodily injuries) and qis.ās. . . . . . . . . . . . . . . . . . . . . . . . . . . . 356 26.3.2.1 Qatl ’amd or Murder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357 26.3.2.2 Shibh al-‘amd or culpable homicide not amounting to murder . . . . . . . 357 26.3.2.3 Qatl khat.a’ or manslaughter . . . . . . . . . . . . . . . . . . . . . . . . . 358 26.3.2.4 Qatl bi-al-sabab or indirect homicide . . . . . . . . . . . . . . . . . . . . . 358 26.3.2.5 Justifiable homicide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359 26.3.2.6 Bodily harm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359 26.3.3 Ta‘zı̄r or penalties imposed by the state . . . . . . . . . . . . . . . . . . . . . . . . 359 26.3.4 Siyāsah shar‘ı̄yah or the administration of justice . . . . . . . . . . . . . . . . . . . 361 26.3.5 Ghas.b (Usurpation, Misappropriation) . . . . . . . . . . . . . . . . . . . . . . . . . 362 26.3.6 Destruction of Property (Itlāf ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363 27 War and Fiscal Laws 364 27.1 Jihād and Truce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364 27.2 The Ah.kām of Enemy Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367 Title Page 27.2.1 The fifth of the spoils (khums) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367 27.2.2 The four-fifths of the spoils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368 27.2.3 The anfāl (rewards) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370 JJ II 27.2.4 Muslim property recovered from disbelievers . . . . . . . . . . . . . . . . . . . . . . 371 27.2.5 Land conquered by the use of force (‘anwatan) . . . . . . . . . . . . . . . . . . . . 371 J I 27.2.6 Fay’ (booty) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372 27.2.7 Jizyah (poll-tax) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 373 27.3 Zakāt and ‘Ushr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374 Go Back 27.3.1 Wealth of minors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374 27.3.2 Those under debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374 27.3.3 Wealth liable to zakāt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375 Close 27.3.4 Holding period for wealth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376 27.3.5 Those entitled to zakāt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376 Quit 28 Courts, Procedure and Evidence 379 28.1 Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379 28.1.1 Maz.ālim Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379 28.1.2 Court of the Qād.ı̄ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380 28.1.3 Court of the Muh.tasib . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380 28.2 Adab al-qād.ı̄: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380 28.2.1 Qualifications of the qād.ı̄: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381 28.2.2 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 382 28.2.3 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 382 28.2.4 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384 28.2.4.1 Testimony (Shahādah) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384 28.2.4.2 Oaths (Aymān) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386 28.2.4.3 Defendant’s Refusal to Take the Oath (Nukūl ) . . . . . . . . . . . . . . . 386 Home Page 28.2.4.4 Case Tried Before Another Judge . . . . . . . . . . . . . . . . . . . . . . 387 28.2.4.5 Personal Prior Knowledge of the Qād.ı̄ . . . . . . . . . . . . . . . . . . . . 387 Title Page 28.2.4.6 Confession/Acknowledgment (Iqrār) . . . . . . . . . . . . . . . . . . . . . 388 28.2.4.7 Estoppel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388 29 Islamic Law and Human Rights 389 VII History of Islamic Law and its Schools 392 30 The Islamic Legal Heritage 393 30.1 Nature of Pre-Islamic Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393 Full Screen 30.2 The First Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394 Close 30.2.1 The Qur’ān . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394 30.2.2 The Sunnah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394 Quit 30.2.3 Fiqh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395 30.2.4 Changes in society . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395 30.2.5 Compilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395 30.3 The Second Period: al-Khulafā’ al-Rāshidūn . . . . . . . . . . . . . . . . . . . . . . . . . . 396 30.3.1 Sources of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396 30.4 The Third Period: Tābi‘ūn (Followers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396 30.4.1 Sources of fiqh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396 30.4.2 Narration of Traditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397 30.4.3 The Rise of the Early Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397 30.5 The Fourth Period: Growth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398 30.5.1 Growth and compilation of fiqh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398 30.5.2 Compilation of the Sunnah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399 30.5.3 Compilation of tafsı̄r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400 30.6 The Fifth Period: The Maturing of the Legal System . . . . . . . . . . . . . . . . . . . . . 401 Home Page 30.7 The Sixth Period: The Age of Qānūn and Codification . . . . . . . . . . . . . . . . . . . . 401 30.7.1 The Ottoman Qānūn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 Title Page 30.7.2 The Mughal Empire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 30.8 The Seventh Period: Colonization and After . . . . . . . . . . . . . . . . . . . . . . . . . . 403 31 The Schools of Islamic Law 405 31.1 The H . anafı̄ School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405 J I 31.1.1 Abū H . anı̄fah: The Founder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406 31.1.2 Jurists of the School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406 31.1.3 Early works of the School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406 Go Back 31.1.4 Influence of the School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407 31.1.5 The H . anafı̄ School and legal theory . . . . . . . . . . . . . . . . . . . . . . . . . . . 407 31.2 The Mālikı̄ School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408 Close 31.2.1 Mālik ibn Anas: The Founder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408 31.2.2 Jurists of the School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 409 Quit 31.2.3 Mālikı̄ School and legal theory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410 31.3 The Shāfi‘ı̄ School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411 31.3.1 Muh.ammad ibn Idris al-Shāfi‘ı̄: The Founder . . . . . . . . . . . . . . . . . . . . . 411 31.3.3 Shāfi‘ı̄ School and legal theory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412 31.4 The H . anbalı̄ School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413 31.4.1 Ah.mad ibn H . anbal ibn Asad al-Shaybanı̄: The Founder . . . . . . . . . . . . . . . 413 31.4.3 H . anbalı̄ School and legal theory . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414 31.5 The Extinct Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415 31.5.1 The Awzā‘ı̄ School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415 31.5.2 The Z.āhirı̄ School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415 31.5.3 The T.abarı̄ School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416 32 Geographical distribution of the schools 417 21 Select Bibliography 419 22 Glossary 422 Islamic Law in the Modern World 1.1. The Future of Islamic Law Home Page Islamic law has no parallel in history. It has, indeed, been the most successful legal system, a system Title Page that has been practised for more than fourteen hundred years by many peoples and nations with widely differing cultures and local conditions. If the current population projections are to be believed, Islamic law will, within another hundred years, be practised by more than half the population of the world. JJ II One reason why Islamic law has been so successful is that it deals with every conceivable relationship that human beings can establish. It deals with relationships that are established between individuals, J I between individuals and the community, between different communities, between the individual and the Page 21 of 433 Creator and even between the community and the Creator. The law provides detailed rules for each of these areas, but above all this law provides an identity to Muslims in a way that no other religion or system can. Go Back The law influences and creates a common culture, a culture that may reflect different shades in different geographical regions, but is essentially the same at its core. A Muslim can comfortably associate with another Muslim, whatever his race or nationality. He will always feel the strength of the bond that ties Close them together, a bond that cannot be provided by a common nationality or race. There is no denying the fact that it is Islamic law and its requirements that strengthen this culture and the Muslim brotherhood. Without the law, the driving forces of this culture will be considerably diluted. This has been witnessed in the last two hundred years when Islamic law was weakened by colonial powers almost to the extent of elimination, at least at the level of the state. Islamic law is a living organism that cannot be eliminated. It has a central core that is indestructible. Even if the body of Islamic law or large parts of it are cut off or annihilated, the central life-giving core regenerates the body once again. This central core, as is obvious, is the Qur’ān itself. As long as it lives in the hearts of the Muslims and is recited, Islamic law will continue to rise and serve its purpose. This it will do despite all rivalry and opposition. The biggest rival that Islamic law, or Islam if you like, is expected to face in the future is “secular humanism” with its appeal for universal brotherhood and human rights. Yet, secular humanism cannot influence culture the way Islamic law can. It yields, almost always, to nationality, race and even discrimi- nation. Islamic law, on the other hand, eliminates nationalism, racism and all forms of discrimination. It is, perhaps, the only system that has a solution for such evils and has been very successful against them in many regions of the world throughout history. Home Page The main difference between the two, however, is that Islamic law believes that human reason and human desires are not always right; they are in need of divine guidance that may sometimes go against Title Page human desires and even the ideas of good based on human reason. For example, Islamic law upholds that true distributive justice cannot be established unless usury and interest are eliminated completely from society. Secular humanism, based upon human reason and ideas of fairness and supported by powerful JJ II economic interests and the capitalist lobby, is not prepared to accept such an idea. One has to admit that in strengthening Islamic culture, the criminal law of Islam has a minimal role to play, but it is this law that draws the maximum criticism and objections from different parts of the Page 22 of 433 world and from various groups. The most powerful influence on Islamic culture is exercised by its various forms of worship and personal law. These laws operate even when Muslims are living as minorities in Go Back non-Muslim states. In the coming years, we feel, that the influence of Islamic commercial law will increase in the area of commerce and finance. To some extent this can be seen already in the shape of Islamic banking and Close financial transactions. This development is probably seen, in certain quarters, as an attempt by the developing Muslim world to gain greater control of their resources, both material and financial. We feel, however, that this part of the law provides the real test case. It is likely to become the battleground where the systems of distributive justice offered by secular humanism and Islamic law will compete and try to achieve domination. Today, secular humanism is far ahead in this area, and Islamic law has a lot of ground to cover in terms of its implementation. Much will depend on how Muslims understand, interpret, organise and implement their law. The first thing to be done in this direction is to organise and restate Islamic law in a manner that it becomes easily accessible to readers. Indeed, we must do this for it is a duty that lies on the shoulders of every person who is part of the Muslim community. 1.2. The Study of Islamic Jurisprudence is an Obligation The study of Islamic law and its jurisprudence is an obligation. It is, however, a communal obligation, which means that there must be some persons within the community who are skilled in the law and its jurisprudence. Al-Rāzı̄ (544–606 A.H./1149–1209 C.E.) explains the obligation by saying that “the acquisition of this knowledge is an obligation. . . . It is not a universal, but a communal obligation (fard. Home Page kifāyah)”.1 Al-Rāzı̄’s goes into details to show that acquiring a knowledge of the law, its jurisprudence, is obligatory. He deems it obvious, because without such a knowledge it is not possible to follow the Title Page injunctions of the Lawgiver. This knowledge cannot be acquired without a proper methodology, and the methodology is called us.ūl al-fiqh. We would like to widen this concept somewhat. In another work, we have stated that us.ūl al-fiqh is JJ II the queen of Islamic sciences.2 This means that the subject is essential for understanding the law, its jurisprudence, the discipline called ah.kām al-Qur’ān (laws derived from the texts of the Qur’ān), fiqh J I al-sunnah (laws derived from the texts of the sunnah), the discipline of tafsı̄r (interpretation of the texts Page 23 of 433 of the Qur’ān, both legal and other), ‘ulūm al-h.adı̄th (the science of traditions), and even subjects like ‘ilm al-kalām (dialectics). Go Back The number of disciplines that need this subject today has widened considerably in the modern age. The economist needs a thorough grounding in this subject if he is to deal with issues of Islamic economics. The banker and the manager will need it too. The accountant will need this discipline if he has to devise Close accounting standards required by institutions giving or employing capital in accordance with Islamic Al-Rāzı̄, al-Mah..sūl, vol. 1, 170–71. See Imran A. Nyazee, Theories of Islamic Law: The Methodology of Ijtihād (Islamabad, 1994). norms. It can be readily seen that the discipline will expand in the modern world to assume roles that have hitherto not been assigned to it. Its true significance has to be realised. While our focus in this book will be on Islamic law and its jurisprudence, we believe that the students of other fields can also benefit from the description of the discipline. 1.3. The Scope of this Book The goal of this book remains essentially the same as that stated in the previous edition, although a number of new topics have been added and many of the existing topics have been rewritten. The aim of this book is to: 1. provide an introduction to the study of Islamic law and jurisprudence; 2. present in a concise and systematic form all the topics that have been discussed by the earlier jurists and to indicate some of those that they left to the ruler (imām) to determine according to his legal Title Page reasoning based on the sources of Islamic law; 3. provide, within the text, the meaning in English of the entire terminology used by the earlier jurists; and JJ II 4. set out the different topics of Islamic law in an improved and unique arrangement that meets not J I only the requirements of traditional Islamic law, but also takes into account the needs of modern Page 24 of 433 law and many other disciples that will depend more and more on this subject. References and bibliographic details have been kept to a bare minimum in this book to reduce its size. Some of the topics that are usually discussed in us.ūl al-fiqh, as well as the detailed issues, have not been included intentionally. The present book deals briefly with us.ūl al-fiqh as well as with fiqh. As such it Close covers the entire field of Islamic law and jurisprudence. The Scope of Islamic Law and In this chapter we will try to form a general picture of the gigantic output of the Muslim jurists over the last fourteen hundred years. Thereafter, we will attempt to answer a few questions that perturb the mind Contents of someone new to the study of Islamic law. It goes without saying that some of the best minds among the Muslims devoted themselves to this JJ II important field. It is difficult for us to record the details of the lives of these important personalities in a small book that has to cover the details of their work, but most of the great jurists had versatile talents. They were businessmen, soldiers, judges, financiers, educationists, medical practitioners, scientists, Page 25 of 433 statesmen and philosophers. What is surprising is that we sometimes find a single person performing many of these roles. Abū H . anı̄fah was a businessman and the founder of the H . anafı̄ school, Abū Yūsuf was the chief justice, Ibn Khaldūn, the father of the discipline of sociology, was a qād.ı̄. Ibn Rushd (Averröes) was Full Screen a philosopher and the personal doctor of the ruler, besides being a great jurist and the qād.ı̄ of Cordoba. Imām Rāzı̄, the author of Kitāb al-Mah.sūl and Tafsı̄ Kabı̄r, is said to have financed, all by himself, a Close war waged by the sultan. Imām Ghazālı̄ is well known for his versatile talents and needs no introduction. These are just a few of the great minds, and there are a large number of others whose powerful works will live till the end of time. Most of these men, and some women too, will be remembered for as long as their works survive. Anyone who studies their works with some earnestness will realise that these works are as relevant today as they were in their own times. The reason is that these scholars were dealing with powerful and fundamental ideas, and ideas live forever; they only emerge in a new form or in a different language. A comparison of the work of these powerful minds with that of the modern legal philosophers shows that many ideas that are considered unique and new today were dealt with in depth by these scholars centuries ago. These earlier jurists have left a vast treasure of knowledge as a gift for the Muslims in particular and for the world in general. We feel that if the Muslims wish to succeed, as Muslims, they must build on this knowledge. If they do, they can come up with the best, the most practical, and the most just system for solving the problems of the modern world. If, on the other hand, we start saying today that the work of the jurists was relevant for their own times and we have no need for their work today, the first impression is that we have soft minds and are not being able to match wits with the earlier jurists. Indeed, such an attitude on our part would only portray our shallow arrogance, and the loss will be ours entirely. Home Page We should also not think of “re-inventing the wheel” so to say, by insisting that we can, being in possession of all our modern knowledge, ignore the work of the jurists and go back to the Qur’ān and Title Page the sunnah to rediscover everything (perhaps, under the influence of the movement called “back to the Bible”). We can only do so when we have a new system of interpretation that is as good, or even better, than the systems developed and refined by the earlier jurists over the centuries. The truth is that we do JJ II not have a modern system for the interpretation of the texts of the Qur’ān and the sunnah. The systems of interpretation employed by the jurists evolved gradually over the centuries. It is, therefore, easier to build on the existing systems, but to do so we have to understand the work Page 26 of 433 of the earlier jurists. Insisting on going back to the Qur’ān and the sunnah without a stable system of interpretation will lead to the repetition of the process completed over a period of centuries. Santyana’s Go Back words will then ring true for us: “Those who forget the past are condemned to repeat it”. The problem is that even that may not be possible without the help of the earlier jurists. Another reason for paying greater attention to the work of the jurists is the state of the legal system Close in Pakistan. It is gradually being realised by everyone that the legal structure erected by an alien power is now giving way. The system has nothing to do with the lives and culture of the people, with their “collective soul”. They still view it as one imposed from above through the use of force. They simply cannot “internalise” the laws left by the colonial power. The only way to enforce such a system is through coercion and more coercion. As compared to this, a humane and just system based on the fundamental principles of Islamic law will be readily acceptable to the people. The few efforts that have been made to Islamise the system are looked at with suspicion, because each effort has been more in the shape of a political ploy rather than a genuine broad-based programme. What needs to be done, therefore, is to begin understanding the work of the jurists in earnest. This book is a very small step in that direction, while this chapter is an attempt to list some of the major areas of knowledge with which the jurists have been occupied. 2.1. The Subject-matter of Islamic Jurisprudence 2.1.1. Us.ūl al-Fiqh The discipline of us.ūl al-fiqh is extremely powerful and deals with a host of issues that are concealed from our view when we try carve out a simple classification like the one given below. A detailed study reveals Title Page many issues that are deemed important today by legal philosophy. Nevertheless, Islamic jurisprudence, when viewed in the meaning of us.ūl al-fiqh, covers three things: Contents 1. The Formal Structure of Islamic law:1 The formal structure of Islamic law is studied by the Muslim jurists under the title “the h.ukm shar‘ı̄.” This study of the conceptual structure of Islamic J I law attempts to answer the following questions: What is Islamic law? What is the nature of rules in this legal system? How many kinds of rules are there and how do they unite with each other to give Page 27 of 433 rise to the Islamic legal system? What is legal capacity and how does it interact with the operation of the rules? What kind of rights underlie the various kinds of rules? How are these rights secured through the legal framework and machinery of Islamic law? Full Screen The term formal pertains to the distinction made by Aristotle between “form” and “substance” as referred to above. If a Close carpenter is trying to make a chair, the picture of the chair in his mind is called the form, while the material, like wood, he will use is the substance. In prayer, bowing and prostrating pertain to form, while the verses recited are the content. Quit In jurisprudence, the distinction between form and content is often used. 2. The Sources of Islamic law: Islamic law is derived from its sources. The primary sources are those that are unanimously accepted by all the schools and all the jurists as the fundamental sources of Islamic law. In addition to these there are the secondary sources of Islamic law, which are not unanimously accepted by all schools or all the jurists. The discipline of us.ūl al-fiqh does two things: (a) It defines and describes the primary and secondary sources of Islamic law listing the various assumptions made by the schools of law. (b) It instructs the would-be jurist about the methodology of interpretation, i.e., how to interpret these sources. The methodology involves some complexity and takes us to the third item below. 3. Ijtihād and Taqlı̄d or the the Methodology of the Mujtahid and the Methodology of the Faqı̄h. Most writers discuss the methodology of the jurists as if ijtihād were the only methodology. This is not the whole truth. Most of the jurists in the schools of law were not mujtahids, yet they Home Page too had a methodology for interpreting and extending the law. The mujtahid is an independent jurist who is qualified to derive the law directly from the sources of Islamic law, like the Qur’ān and the Sunnah. It may help to imagine the mujtahid as performing Contents the legislative function within the Islamic legal system. In other words, he interprets the texts and lays down the law for the first time. His opinion, based on the texts, is treated as the law by the jurists of his school and also the laymen who follow that school. J I The faqı̄h is not an independent jurist, as he is dependent upon the work of the mujtahid. The faqı̄h employs the law laid down by mujtahid, just like the judge decides cases with the help of statutes and precedents. The approach of the faqı̄h and the “sources” employed by him are, therefore, slightly Go Back different as compared to the approach of the mujtahid, who is unrestricted in his search for the law in the texts. The methodology of the mujtahid is called ijtihād, while that of the faqı̄h is called taqlı̄d, although we would prefer to call it takhrı̄j for reasons that will come later. Close 2.1.2. Fiqh Islamic jurisprudence, when viewed in the meaning of fiqh, covers the substantive and procedural law determined by the jurists. When we say “determined by the jurists”, we mean that the jurists focused on those laws that could either be derived directly from the texts or were laws that were closely linked to the texts through strict and determined methods of interpretation. Some of the areas of the law were left to the ijtihād of the ruler. The rulers did legislate separately on certain areas of the law in accordance with their knowledge and interpretation of the texts. These areas are described briefly in the following section. Here we list the topics that are found in the manuals of fiqh compiled by the jurists. 1. Ibādāt: The rules of ritual purification, prayer, pilgrimage, fasting, zakāt (poor-due), war (jihād ) and some other forms of worship are dealt with under this heading. Most of these rules deal with the rights owed to Allah by the individual alone or by the community as a whole. 2. Mu‘āmalāt: This is a very broad category. Some jurists include crimes and torts (listed below) in this category. This area deals with property, contracts, business organisation, security of debts and insolvency, preemption, marriage, divorce, gifts, bequests, waqfs, inheritance, and guardianship. We Contents find some modern jurists using different terms to identify areas like marriage, divorce and related matters. They do this to equate these conceptions with what is called personal law. JJ II 3. Hudūd and Jināyāt: Major offences like unlawful sexual intercourse (zinā), theft (sariqa), robbery J I and brigandage (h.irābah), false accusation of unlawful sexual intercourse (qadhf ), drinking of khamr (prohibition) and other matters fall under what are called the h.udūd laws. Offences against the human body and torts are called jināyāt. The term jināyāt is also used for torts when the offence Go Back falls under ghas.b (usurpation, misappropriation) and itlāf (destruction of property). 2.1.3. The Siyāsah Shar‘iyyah: The Administration of Justice According to the Sharı̄‘ah Close Administration of justice is called siyāsah shar‘iyyah in Islamic law. In its wider meaning it includes the Quit courts of the qād.ı̄ as well, and would thus cover the work of the jurists. Siyāsah shar‘iyyah in the narrow sense means the area of the law that the jurists left to the ruler to develop and adapt according to the changing times and circumstances. The distinctive feature of this part of the law is its flexible rules of procedure and evidence as compared to the laws derived by the jurists. Under this heading we discuss the maz.ālim courts and the offences falling under their jurisdiction. There were many other functions like the regulation of the markets and the maintenance of public morality that also came under this jurisdiction. Today, the laws of taxation, traffic, hijacking, terrorism, corruption, accountability and the like would all fall under the siyāsah shar‘iyyah of the ruler. In some periods, the rulers did not follow the dictates of the sharı̄‘ah very strictly in administering such laws. The jurists have termed these periods as those of siyāsah .zālimah or administration based upon injustice. 2.1.4. Qawā‘id Fiqhiyyah: The Principles of Fiqh The term qawā‘id fiqhiyyah or the principles of fiqh is a broad term that includes flexible general principles that give rise to rules and other sub-principles as well as to legislative presumptions. These principles and presumptions have to be “read-in” by the interpreter when settling the law or deciding cases. The titles Title Page used by the jurists for this discipline are us.ūl, like us.ūl al-karkhı̄, or al-Ashbāh wa al-Naz.ā’ir (analogous cases and precedents). Contents We have said that in Islamic law there are two broad methodologies of interpretation: ijtihād and JJ II takhrı̄j. The first is a legislative function, while the second corresponds more with the theories of adjudi- cation in which the judge and lawyer are involved. The discipline of the qawā‘id fiqhiyyah provides the J I primary tool for the methodology of takhrı̄j. 2.1.5. Furūq: The Science of Distinguishing Cases Go Back The term furūq derives its name from a book al-Furūq written by the famous Mālikı̄ jurist al-Qarāfı̄. The Full Screen discipline is related to the previous field of qawā‘id fiqhiyyah. The distinction is that while the discipline of al-Ashbāh wa al-Naz.ā’ir deals with cases falling under a common principle, the discipline of furūq distinguishes cases by showing that there might be cases that appear to fall under one principle, but Quit they actually belong to different principles. Some outstanding and instructive opinions are to be found in al-Qarāfı̄’s book. Other jurists have dealth with the same subject too, but without using this name. 2.1.6. Maqās.id al-Sharı̄‘ah: Islamic Justice Through the Purposes of the Sharı̄‘ah This is the area of ultimate principles that highlight the spirit of the shar‘ı̄ rules. These purposes serve as values that regulate and govern discretionary justice in Islamic law. The study of the maqās.id al-sharı̄‘ah is rightly considered by many as an independent field of study. The credit for developing the discipline goes to al-Ghazālı̄, but major contributions have been made by later jurists, especially the Spanish jurist al-Shāt.ibı̄ in his four volume work called al-Muwāfaqāt. 2.1.7. Ah.kām al-Qur’ān and Tafsı̄r The discipline of ah.kām al-Qur’ān is related directly to Islamic law and jurisprudence. In fact, it deals with what we may call the applied law. In us.ūl al-fiqh, we find the theoretical foundations of the science of interpretation and the assumptions made by the different schools about the different sources of Islamic law. In the discipline of ah.kām al-Qur’ān the theoretical convictions of the schools are turned into a Home Page practical science. This is where the jurists show how their rules are used to actually derive the rules from the texts of the Qurān dealing with the law. This discipline has been neglected in modern times. It needs to be explained in a more accessible form so that the readers learn how the law is derived from the texts. Contents When we use the title ah.kām al-Qur’ān it includes all those traditions as well that have a bearing on the rules in the Qur’ān. JJ II The best known books on the subject are by Imām al-Shāfi‘ı̄ himself and by Abū Bakr al-Jas.s.ās.. When the interpretation is expanded to include not only the legal texts, but all the verses of the Qur’ān, the title given to the subject is tafsı̄r. Most of the well known tafsı̄rs have been written by jurists. One example is Page 31 of 433 the Tafsı̄r Kabı̄r by Imām al-Rāzı̄. It may safely be stated that without a thorough grounding in ah.kām al-Qur’ān it is difficult to see how a person can acquire skills in interpreting the legal texts. Full Screen 2.1.8. The Discipline of Khilāf The science of khilāf is another area of applied us.ūl. It is quite similar to the field of ah.kām al-Qur’ān Quit in its method. The major difference is that while the former starts with the texts and then derives the rules from these texts, this subject starts with the derived rules and works backwards to show how the jurists derived these rules from the texts. While doing so the discipline takes into account the opinions and the detailed legal reasoning of different jurists and of different schools. The discipline was developed right from the start and the best known early book records the different legal reasoning of the early judges and jurists Abū Yūsuf and Ibn Abı̄ Laylā. Many of the earlier books can be called books of khilāf. The method followed in Imām Muh.ammad al-Shaybānı̄’s works, in the works of Imām al-Shāfi‘ı̄ and in al-Mudawwanah al-Kubrā of the Mālikı̄ school may be classified as the method of khilāf used by the earlier jurists. Among the later jurists, the works of al-Sarakhsı̄, al-Kāsānı̄, Ibn Rushd and many others can be classified as such. The later manuals of fiqh started eliminating the detailed legal reasoning provided by the earlier works in the interest of brevity and memorisation by the judges. The science of khilāf needs to be documented properly in modern times under the title of applied us.ūl. 2.2. Has a Variety of Opinions Caused Disunity Among the Muslims? The first question that arises in the mind of someone new to the study of Islamic law is: Why are there so many opinions in Islamic law on individual issues? Why could the Muslim jurists not agree on a uniform law for the sake of the unity of the ummah? Why do we have so many schools of thought in Islamic law? JJ II These questions have two answers. The first answer is somewhat technical, and deals with the reasons for the existence of so many schools of law within the Islamic legal system. The second answer deals with the ends that are served through multiple schools. We will try to focus, for the time being, on the second Page 32 of 433 answer to explain the utility of a variety of opinions within schools. A variety of opinions within the school does not represent disunity or weakness; it is, in fact, the real Go Back strength of the system. A multiplicity of opinions in no way indicates discord or tension within the Muslim community. On the other hand, it indicates an unparalleled richness and variety in a system of law that accommodates within its fold a large number of distinct races, cultures, and geographical regions. Let us Close explain this point by comparing Islamic law with the English common law. As already stated in the previous chapter, the legal system of Islam has accommodated a large variety of races, peoples, and cultures for a long time. In modern times, English common law may be said to have achieved something similar. One strength of the English common law is that it lends itself to adaption. Today it is applied in somewhat different forms in England, United States, Australia, Canada, and even in former colonies with widely differing cultures like India, Pakistan, Nigeria and Malaysia. The versions of common law that may be found in these areas differ from each other to some extent. For example, the provisions of the Penal Code of Sudan pertaining to murder and culpable homicide not amounting to murder were interpreted in a slightly different way than they were in Pakistan,2 even though the Indian Penal Code was borrowed by Sudan.3 Thus, the English law is able to adapt to changed circumstances and locations and that is the reason for its success. This attribute of adaptability has been the strength of Islamic law from the start. It is reflected in its schools of law with their somewhat different methodologies. Each school has served a more or less contiguous geographical region, accommodating the cultural and local preferences. As Islamic law is a religious law, this flexibility based on a multiplicity of schools serves not only geographical areas and nations but individuals too, who may move to another school if they do not like the one they follow. It Home Page is for this reason, perhaps, that a difference of opinion within the ummah has been called the mercy of Allah. Title Page In short, one of the fundamental reasons for the maturity, stability, and longevity exhibited by Islamic law, which is not exhibited by any other legal system, is the existence of a variety of opinions within the legal system. This feature has given Islamic law a built-in and indestructible feature of adaptability, a JJ II feature that is vital for the survival of every living organism. 2.3. The Schools of Law are not Sects but Systems of Interpretation Page 33 of 433 The above explanation about the multiplicity of opinions in Islamic law does not answer the question Go Back as to why the different schools appeared in the first place. The brief answer to this question is that the schools of law are not sects. They are systems of interpretation based on a methodological foundation. It These provisions of the Pakistan Penal Code have now been repealed by the Qis.ās. and Diyat Act. See, e.g., Krishna Vasdev, The Law of Homicide in The Sudan (London: Butterworths, 1978). It appears that this law has Quit been, or is about to be, replaced by a new code based upon the provisions of Islamic law. is natural for such systems to exist within any legal system. This will become clear when we study the schools of law and Islamic legal history in the last part of this book. Another very important point with respect to the schools, which is their vital function, is to bring uniformity into the law. We have indicated above that Muslims sometimes complain about there being a large number of opinions on a single issue, even within a single school. The truth is that this problem is resolved within the schools by the schools themselves. One function of the schools is to bring uniformity into this variety. Thus, each school in a given period will issue a ruling that out of several opinions within a school on an issue one of the opinions is preferred by the school. The words usually used for such a statement are: “The fatwā today is on such and such opinion”. This, indeed, is the vital function of the istitution of iftā’. 2.4. Islam has a Fully Developed and Mature Legal System Islam is a universal religion and covers many things that are not, and cannot be, dealt with by a system of law. The religious norms provide the general morality on which the laws are based. In fact, these laws are Title Page sometimes deeply intertwined with the moral norms. Nevertheless, the Islamic legal system is a mature and developed system of law. It is also a unique system and no other religion has been able to offer a legal system like it. Jewish law has a developed system too, but that system has never been practised. Many JJ II of its rules were developed in isolation outside the Jewish homeland during the Diaspora. The Islamic system, on the other hand, has been in practice for more than fourteen centuries and has been developed down to the smallest detail. Page 34 of 433 It has been observed that those who take up the study of Islamic law sometimes fail to maintain the distinction between Islam as an all encompassing religion and Islamic law as an efficient legal system. As a Go Back result of this, many question start emerging like the one listed above about there being too many differing opinions. Islamic law as a legal system must be compared with other legal systems and not with other religions. The conceptual distinction must be maintained. It is only then that one can understand its true Close significance. The Meaning of Us.ūl al-Fiqh and Basic Islamic law is a religious law based on the texts of the Qur’ān and the Sunnah. The discipline that tells us how this law is derived from these texts, and how it is classified, understood and applied, is called us.ūl Contents al-fiqh. A study of Islamic law, therefore, begins with the definition of us.ūl al-fiqh. The term is broken up into its two components: us.ūl and fiqh. These two components are defined separately and then combined. JJ II This separation of the components and relinking establishes the separate meanings of the two terms and their relationship. It, thus, becomes a useful device for elaborating the meaning of this discipline. Defining these terms, however, is not intended to tell us what we mean by Islamic law, even if that Page 35 of 433 knowledge is acquired as a by-product.1 The definitions of these two terms help us identify the role and function of the specialists within the Islamic legal system. The terms also elaborate the relationship that exists between the truly independent jurist and the person who is a pure layman. In other words, the Full Screen definitions indicate the levels at which different experts operate within the Islamic legal system. The definitions of the two components also inform us about the nature of the rules of Islamic law, and Close the nature of the sources from which the laws are derived. Understanding these definitions is, therefore, The meaning of Islamic law is understood through an examination of the h.ukm shar‘ı̄. See page 48 very important. The reader who does not comprehend their exact implications is likely to miss much during the rest of the study. According to the method of study preferred by the jurists, a reader embarking upon the study of Islamic law must first understand the meaning of essential terms like fiqh, sharı̄‘ah, ijtihād, mujtahid, faqı̄h, taqlı̄d, and muqallid. These terms have to be understood in the precise meanings that the jurists assigned them, that is, their legal or technical meanings. An understanding of Islamic law will otherwise be considerably hampered. What, for example, is the meaning of fiqh as distinguished from the meaning of sharı̄‘ah? If the reader cannot define these two terms with precision or identify a difference between them, then he needs to read this chapter. By the end of this chapter, he will be able to define each of the terms listed above and a few more that will come up during the discussion. This chapter is, therefore, of crucial importance for those who do not already have a knowledge of Islamic law. Us.ūl al-fiqh then is composed of two terms: fiqh and us.ūl. Once these constituent parts are defined, the jurists combine the two parts to arrive at the final definition. The jurists define the term fiqh first. Home Page 3.1. The Literal Meaning of Fiqh The term fiqh is used in the literal sense to mean “understanding” and “discernment.” In this sense the words fiqh and fahm are synonymous. It implies an understanding of Islam in a general way. It may also JJ II mean what a prudent person is likely to conclude from obvious evidences. The word has been used in the Qur’ān, in this sense, on several occasions: J I Page 36 of 433 Yg à ñê®®K à ð X A ¾ K B Ð ñ®Ë @ Z B ñ ë È A Ô ¯ What hath come to these people that they fail to understand a simple statement. [Qur’ān 4 : 78]; Full Screen AîE. à ñê®®K B H ñÊ¯ ÑêË Close They have hearts wherewith they understand not. [Qur’ān 7 : 179] Quit The same meaning is reflected in the words of the Prophet: YË @ ú¯ áK éê®®K Q g éK. é<Ë @ XQK áÓ He for whom Allah wills His blessings is granted the understanding of dı̄n. 3.2. Earlier General Meaning of Fiqh The term ‘ilm (knowledge) also has the same literal meaning as fiqh. During the time of the Prophet there appears to be no difference in the two terms. Later, as sophistication crept in, the term ‘ilm came to be applied in a narrow sense to mean knowledge that comes through reports, that is, traditions: ah.adı̄th and āthār.2 The term fiqh, on the other hand, came to be used exclusively for a knowledge of the law. Abū H . anı̄fah (d. 150 A.H.), the founder of the H . anafı̄ school, defined fiqh as: AîDÊ« AÓ ð AêË AÓ ®JË @ é¯QªÓ Home Page A person’s knowledge of his rights and duties. Title Page The definition is very wide and includes elements that are part of the subject of kalām, like the tenets of Contents faith (‘aqā‘id ). This definition was formulated to mean al-fiqh al-akbar or fiqh in its wider sense. When the subject of kalām was introduced by the Mu‘tazilah during the time of al-Ma’mūn, the term fiqh came to be restricted to the corpus of Islamic law alone. Fiqh in this restricted meaning is sometimes called J I al-fiqh al-as.ghar in order to distinguish it from the wider definition given by Imām Abū H. anı̄fah. It is in this restricted sense that we use the term fiqh today, as will be obvious from the definition given below. 2 Go Back Ah.adı̄th is the plural of h.adı̄th. The term h.adı̄th is used for reports from the Prophet, while athar is a report about a precedent laid down by a Companion. The detailed meanings will be provided later in this book. It is to be noted, however, that some of the earlier writers have used the term h.adı̄th in a much wider sense, that is, as a report from the Prophet, the Companions, or even their Followers. See, e.g., Abū ‘Ubayd ibn al-Sallām, Kitāb al-Amwāl (Cairo, 1968). Close See S.adr al-Sharı̄‘ah (d. 747 A.H.), al-Tawdı̄h. fı̄ H . all Jawāmid al-Tanqı̄h. (Karachi, 1979), 22. He adds the word ‘amalan (for conduct) to this definition to make it conform to the narrower meaning. Quit 3.3. Later Shāfi‘ite Definition of Fiqh The term fiqh was defined later by the Shāfi‘ı̄ jurists in a very narrow technical sense. The definition is attributed by some to al-Shāfi‘ı̄, the founder of the Shāfi‘ı̄ school, himself.4 The Shāfi‘ı̄s define fiqh in its technical sense as follows: 5 JÊJ éJ.ºÖÏ @ J«QåË @ Ð A¾k B AK. ÕÎªË @ ®JË @ AîDË X @ áÓ é JÊÒªË @ é It is the knowledge of the shar‘ı̄ ah.kām (legal rules), pertaining to conduct, that have been derived from their specific evidences. The definition of fiqh explained above begins by first encompassing all knowledge within it, and then systematically excludes those types of knowledge that do not form part of fiqh, to give us a precise definition of fiqh. The final form of the definition declares fiqh to be the knowledge of the rules of conduct that have been derived by the jurist from specific evidences found in the Qur’ān and the Sunnah as well Title Page as other specific evidences in ijmā‘ and qiyās. In other words, fiqh is a knowledge or understanding of Islamic law; it is not the law itself. These points may be understood as follows: Contents 1. It is knowledge of the rules of conduct: That fiqh is a knowledge of the legal rules pertaining to conduct and does not include a knowledge of the tenets of faith (‘aqā’id ). Thus, it is a knowledge of J I the law, the sharı̄‘ah. In this sense, the meaning of fiqh is similar to that of Western jurisprudence, which is a knowledge of, or skill in, the law. Page 38 of 433 2. It is knowledge that has been derived from individual texts or evidences: That this Go Back knowledge has been derived from the specific evidences or the detailed proofs. The specific evidences Full Screen See Wahbah al-Zuhaylı̄, Us.ūl al-Fiqh al-Islāmı̄, vol. 1 (Tehran: Dār Ih.sān, 1997), 19. Close Al-Zarkashı̄, Badr al-Dı̄n, al-Bah.r al-Muh.ı̄t. fı̄ Us.ūl al-Fiqh, vol. 1 (Kuwait: Dār al-S.afwah, 1992), 21; Nās.ir al-Dı̄n al- Bayd.āwı̄, Minhāj al-Wus.ūl ilā ‘Ilm al-Us.ūl (Cairo: Mat.ba‘at Kurdistān al-‘Ilmı̄yah), 3; See S.adr al-Sharı̄‘ah, al-Tawd.ı̄h., Quit vol. 1, 26 for a somewhat altered form of the definition. He does not use the word al-muktasabah, but reproduces the rest of the definition. Ibid. are the individual texts of the Qur’ān or the Sunnah, like those telling us to pray, not to kill, not to steal, not to charge interest (ribā). These specific evidences are to be found in the general evidences, which are the sources of Islamic law; namely, the Qur’ān, the Sunnah, ijmā‘ and so on. 3. It is knowledge that has been derived from the texts by the specialist: That some effort has been spent to derive this knowledge of legal rules. The knowledge has not been given by someone. This meaning implies the existence of an expert, a jurist, who derives this knowledge directly and may then give it to his follower. It is similar to the effort made by a lawyer or a judge who derives the knowledge of the law from the statute or case law and may then give it to his client. 3.4. Distinctions Based on the Definition The definition leads to the following distinctions: 3.4.1. Distinction between sharı̄‘ah and fiqh There is a difference between the meaning of the terms sharı̄‘ah and fiqh. Yet, these two terms are used interchangeably. The definition, however, indicates that the term sharı̄‘ah has a wider meaning than fiqh. The term sharı̄‘ah includes both law and the tenets of faith, that is, the ‘aqā’id. The real distinction J I between sharı̄‘ah and fiqh, however, is that sharı̄‘ah is the law itself, while fiqh is a knowledge of that law—its jurisprudence. Page 39 of 433 3.4.2. Distinction between mujtahid and faqı̄h The definition implies that there is someone deriving the law from the texts by expending some effort. This person was termed the faqı̄h in earlier times. In later times a distinction was drawn between the Close terms mujtahid and faqı̄h. The term faqı̄h came to be applied later to the jurist who derived his knowledge from the manuals of fiqh. These manuals contained the opinions of the mujtahids. The laws derived by the mujtahid become a source of law for the faqı̄h. Although the faqı̄h is a qualified jurist, he is still classified as a muqallid (follower). He follows some mujtahid, who has derived the law directly from the specific evidences. To make the matter even more simple, we may say that the mujtahid derives the law for the first time, while the faqı̄h uses this derived law. In reality, the term faqı̄h cannot be applied to a single type of specialist. There are various grades of the jurists according to their skills and level of ability. This may be compared with the legal profession as it exists today. Some lawyers practice in the lower courts dealing mostly with questions of fact, while others appear before higher courts where the questions facing the court are usually those of the law. These grades have been explained later in this book. Today, judges, lawyers and law teachers should be classified as faqı̄hs, if they acquire the requisite skills. 3.4.3. Distinction between ijtihād and taqlı̄d Ijtihād and taqlı̄d are somewhat complex concepts. It would, therefore, not be possible for us to go into Home Page details at the preliminary stage of our study, yet we may indicate the basic distinction. Ijtihād is the name for the activity of the mujtahid that makes use of all the sources to derive the law. This activity Title Page is indicated in the definition above. The output of the mujtahid is the substantive as well as procedural law, a knowledge of which is called fiqh. In addition to this, the absolute mujtahid (a term used for the founders of the schools) lays down the principles of interpretation as well as the general principles of the JJ II substantive and procedural law. Taqlı̄d, on the other hand, is the activity of the layman (which term includes the modern day faqı̄h J I as explained above). Taqlı̄d in the legal sense means following the opinion of another. When a legal Page 40 of 433 justification is found, taqlı̄d is permitted. Permitted taqlı̄d is similar in its logic to following the opinion of a doctor prescribing medicine, a lawyer pointing out the law, or the opinion of any other specialist, or Go Back even the following of precedents. Taqlı̄d as a judicial method is permitted in Islamic law. The topics of ijtihād and taqlı̄d are dealt with in detail later in this book. Here, the purpose is to show their relationship with the concept of fiqh in Islamic law. Close 3.4.4. Distinction between a muqallid and a faqı̄h As stated above, the term faqı̄h came to be applied to a person who was not able to undertake independent ijtihād, because he lacked the requisite qualifications or skills. Technically, then, he was a muqallid, that is, the person who was following the opinion of the mujtahid. As compared to him, the ordinary person who does not have any knowledge of fiqh also follows the opinion of the mujtahid in the daily performance of his duties or in other matters of the law. This person too is a muqallid. What, then, is the difference between an ordinary muqallid and a muqallid who is a faqı̄h? The difference lies in understanding the texts in which the opinions of the mujtahids are recorded and the sources from which these opinions have been derived. If an ordinary person reads these books he will find himself facing a number of opinions on a single issue and he will not be able to determine what the law is on the issue. He will have to go to the faqı̄h, who will be able to state which opinion is upheld by the school at a certain time or which one is preferred. Thus, the position of an ordinary muqallid is the same as that of a client with respect to his lawyer. The lawyer follows the law too; the law itself has been laid down by the legislature. The faqı̄h, besides having a knowledge of Islamic law, is sometimes able to extend the law through Title Page reasoning from principles, on the basis of a methodology called takhrı̄j. A faqı̄h, who has the ability to perform takhrı̄j, may be compared with a judge of the superior court dealing with questions of law; he Contents lays down the law, but is not legislating (according to the accepted theory). 3.5. The Meaning of As.l and Us.ūl al-Fiqh J I The second component of the title us.ūl al-fiqh is us.ūl, which is the plural of as.l. The literal meaning of the term as.l is “something from which another thing originates” or “something upon which another thing is Go Back built”. The former may mean source, while the latter may mean foundation. Thus, the origin of a thing is its as.l. Technically, the term us.ūl here means principles. These may also be referred to as qawā‘id. There Full Screen are several types of principles, but here it means principles used for the interpretation of the texts of the Qur’ān and the Sunnah. Thus, the term us.ūl al-fiqh means the principles of interpretation used to derive the knowledge of the legal rules of conduct from the specific evidences. After establishing the meaning of Quit the term as.l, Muslim jurists define the term as follows: éJ «QåË @ Ð A¾k B @ úÍ @ YîDj Ï . Ö @ AîE. ÉñJK úæË @ Y« @ñ®Ë @ ùë éJ ÊJ ®JË @ éË X B @ áÓ éJ ÊÒªË @ They are the principles by the use of which the mujtahid derives the legal rules of conduct from the specific evidences. This definition states that the us.ūl al-fiqh are a body of principles of interpretation by the help of which the mujtahid is able to derive the law from the detailed evidences in the Qur’ān, the Sunnah, ijmā‘ and qiyās. Thus, it is this body of rules or principles is known as us.ūl. A large number of such principles are derived from the rules of literal interpretation that are also part of us.ūl. A few examples of such us.ūl are given below: 1. Each time a h.ukm is discovered in the Qur’ān it is said to be proved. [Unanimous] In other words: Home Page The Qur’ān is a source of Islamic law. 2. Each time a h.ukm is discovered in the Sunnah it is said to be proved. [Unanimous] In other words: The Sunnah is a source of Islamic law. Contents 3. Each time a h.ukm is discovered though ijmā‘ it is said to be proved. [Unanimous, though al-Shāfi‘ı̄ had some reservations] JJ II 4. Each time a h.ukm is discovered through qiyās it is said to be proved. [Unanimous for the existing J I Sunnı̄ schools] 5. Each time a h.ukm is discovered through the opinion of a Companion it is said to be proved. [Not unanimous; the H . anafı̄s consider it binding, but the Shāfi‘ı̄s do not] Go Back 6. Each time a command (amr ) is found in the texts it conveys an obligation, unless another evidence indicates the contrary. [Not unanimous] 7. Each time a proscription (nahy) is found in the texts it conveys a prohibition, unless another evidence Close 8. Each time a h.ukm is expressed in general terms it applies to all its categories with a certainty, unless restricted by an equally strong evidence. [Not unanimous] 9. The h.ukm is proved through the persuasive power of the dalı̄l and not through the number of evidences. [Not unanimous] Each school of Islamic law has its own set of rules, like the ones stated above. The set of rules chosen by one school is somewhat different from that chosen by another school, although there is agreement on certain basic rules, for example, the rules that say “unanimous” above. Choosing a different set does affect the legal opinion derived from the texts. A school of law is established when it has an independent and analytically consistent set of the rules of interpretation. Today, a new school can come into existence only if it develops its own set of such analytically consistent rules. 3.6. Widening the Definitions 3.6.1. A Wider Definition of Fiqh The definition of fiqh given above is very compact and concise and serves to illustrate many subtle points. Yet, it is too narrow and confines the activity of the jurist to a very strict method of interpretation. The Title Page definition is built around the Shāfi‘ı̄ methodology of interpretation and does not conform completely with Contents the methodology of the other schools. It focuses on the specific evidences (adillah tafs.ı̄liyah) and, therefore, prevents the use of the purposes of Islamic law (maqās.id al-sharı̄‘ah), which are general evidences (kulliyāt). JJ II If the above definition is used to determine the meaning of fiqh, the principle of mas.lah.ah (reasoning through general evidences or the purposes of law) cannot be used to derive the rules (ah.kām). The only general principles that can be used for the derivation of the rules according to the narrow definition are Page 43 of 433 those that are explicitly stated in the texts. The earlier H . anafı̄ jurists, who were not employing comparative methods of the later jurists, do not Go Back define fiqh in the way the later Shāfi‘ı̄s have defined it. Al-Sarakhsı̄, for example, quotes Ibn ‘Abbās (R), Full Screen who equates fiqh with h.ikmah (wisdom), to define fiqh as follows: “Wisdom (h.ikmah) is the knowledge of the ah.kām with the h.alāl distinguished from the h.arām.”6 A similar meaning is given in the books of Close other H. anafı̄ jurists as well. Al-Sarakhsı̄, al-Mabsūt., vol. 1 (Beirut: Dār al-Ma‘rifah, 1989) 2. See, e.g., al-Kāsānı̄, Badā’i‘ al-S.anā’i‘, vol. 1, 2. Later Shāfi‘ı̄ jurists, who advocated the use of mas.lah.ah do not accept the Shāfi‘ı̄ definition stated here. The definitions of fiqh preferred by two famous Shāfi‘ı̄ jurists, al-Ghazālı̄ and al-Rāzı̄ are much wider, and we would prefer these definitions. Al-Ghazālı̄ states the definition of fiqh as follows: é Ag áÏ «QåË @ Ð A¾k B AK. ÕÎªË @ á« ®Ê¾Ö @ È Aª¯ B éJK. AJË @ èP AJ.« An expression for the knowledge of legal rules established specifically for human conduct.8 This, indeed, is a very general and wide definition. Imām al-Rāzı̄ gives a more precise and somewhat narrower definition. He states it as follows: . ' , , , èP ð Qå áK YË @ áÓ AîEñ» ÕÎªK B IJm AîE AJ« @ úÎ« È YJÖÏ @ éJÊÒªË @ éJ«QåË @ Ð A¾k B AK ÕÎªË @ The knowledge of the legal rules, pertaining to conduct with reference to their sources, when this knowledge is not obtained by way of necessity (in religion).9 It is to be noted that in the modern age, with many writers promoting the principle of mas.lah.ah as Home Page well as the use of general principles, there is a need to widen the meaning of fiqh. To make matters simple, a broad and general definition of fiqh may be employed and is formulated as follows here as an example: Fiqh is the knowledge of the shar‘ı̄ ah.kām derived directly from the specific evidences in the texts or extended through reasoning from general propositions of the sharı̄‘ah in the light of JJ II its maqās.id. By “general propositions” here we mean all those general principles that are laid down or supported by the sharı̄‘ah whether directly or indirectly. Page 44 of 433 What difference, one may ask, will a narrow or wider definition of fiqh make? The response is that the wider definition of fiqh takes into account the methodology of ijtihād followed by the H . anafı̄ and the Mālikı̄ schools as well. This enables reasoning from general principles and the use of principles like istih.sān and Full Screen mas.lah.ah mursalah. The narrow definition accommodates the Shāfi‘ı̄ and H . anbalı̄ methodologies alone. As the H. anafı̄ methodology is based on the use of general principles, the wider definition will accommodate Close these principles when the narrow definition does not. See al-Ghazālı̄, al-Mustas.fā min ‘Ilm al-Us.ūl, vol. 1, 3. Al-Rāzı̄, al-Mah..sūl fı̄ ‘Ilm Us.ūl al-Fiqh, vol. 1, 78. 3.6.2. A Wider Definition of Us.ūl al-Fiqh If the definition of fiqh is adopted in its wider sense, the meaning of us.ūl al-fiq will be widened automati- cally. Accordingly, we may define us.ūl al-fiqh to be the discipline imparting a knowledge of “the sources and principles of interpretation and of legal reasoning that helps the jurist arrive at the legal rules of conduct.” This definition includes, indirectly, the use of the purposes of Islamic law (maqās.id al-sharı̄‘ah). Perhaps, it is for this reason that al-Ghazālı̄ and al-Rāzı̄ defined us.ūl al-fiqh as follows: AîE. È YJÖÏ @ È Ag éJ g é®®Ë @ Q£ ¨ ñÒm.× á« ®J » ð AîE. È B YJ @ éJ »ð È AÔ . B @ ÉJ . úÎ« èP AJ.« It is an expression that includes all the paths (evidences) leading to fiqh when these are considered in a broad sense, and for the legal reasoning proceeding from these paths, as well as the status (skill) of the person undertaking such reasoning.10 The word paths (t.uruq) is employed in the sense of all the “evidences” (adillah) and signs (‘amārāt).11 Home Page The words “considered in a broad sense” mean that the discipline talks about the legal validity and strength of the general evidences, for example, the legal validity of ijmā‘ as a source of Islamic law.12 The Title Page words “legal reasoning proceeding from these paths” are intended to cover the boundary conditions under Contents which such reasoning is to proceed and in this sense broad general principles like istih.sān and mas.lah.ah would be included in the meaning. JJ II Al-Ghazālı̄ defines us.ūl al-fiqh as follows: B éÊÒm.Ì '@ IJ k áÓ Ð A¾k B @ úÎ« AîDË B X èñk. ð é¯QªÓ á« ð , Ð A¾k B @ è Yë éË X @ á« èP AJ.« é®®Ë @ È ñ @ ®JË @ IJ k áÓ Us.ūl al-fiqh is an expression employed for the evidences of these legal rules and for a knowledge of the broad ways in which they reveal such rules, and not by way of a specific Full Screen indication (for a specific rule).13 11 Quit See al-Ghazālı̄, al-Mustas.fā min ‘Ilm al-Us.ūl, vol. 1, 3–4. He goes on to explain that it is not the task of the discipline of us.ūl al-fiqh to indicate what the specific arguments and sources are for a specific rule. That, he says, is the task of ‘ilm al-khilāf where the specific arguments of jurists for a specific rule are compared and analysed for a deeper understanding. Perhaps, it was this explanation that led some to focus more on the specific evidences. The H . ukm Shar‘ı̄ . ukm: What is Islamic Law? The purpose of studying the h.ukm shar‘ı̄ is to understand the conceptual part of Islamic law. This study Home Page provides the framework within which the meaning of Islamic law is understood, the nature of its rules is grasped, and the operation of the legal system is seen. 4.1. The Elements of the H The h.ukm shar‘ı̄ in its literal sense conveys the meaning of a rule of Islamic law. It comes into being through the operation of its three elements (arkān).2 These elements are: 1. The H. ākim (Lawgiver). The true source from which the h.ukm originates. The original source for Islamic law is the H . ākim or the Lawgiver, that is, Allah Almighty; Go Back 2. The mah . kūm fı̄h or the act on which the h . ukm operates—also called the mah.kūm bih; and Full Screen The term h.ukm (plural ah.kām) has been translated into English in different ways: injunction, command, prescription, and sharı̄‘ah-value. None of these terms conveys completely the comprehensive meaning of the term, as will be obvious in the discussions to follow. It is preferable to retain such terms in their untranslated forms. Arkān is the plural of rukn. A rukn may be conceived as a pillar on which a thing is erected. If we pull out the pillar the structure on top of it will collapse. A rukn, therefore, is an essential element of a thing without which it cannot stand. . kūm ‘alayh or the subject (legal person) for whose conduct the h.ukm is stipulated. A discussion of the meaning of the h.ukm shar‘ı̄ in Islamic law amounts to asking the question: what is Islamic law? The response deals with Islamic law as a system as well as with individual rules. The study of the h.ukm shar‘ı̄, when it deals with the nature of rules, reveals the types of legal obligation created by the rule. It tells us that all the rules may not create an obligation and that some rules are laid down by the Lawgiver to facilitate the operation of other rules. A classification of the various types of rules or ah.kām becomes necessary to grasp these meanings. In the study of the first element, it is shown by the jurists that Allah is the True Source of all laws in Islam. Further, the implication of this statement is examined, that is, what do we mean by saying that Allah is the source of all laws? The second element deals with the act on which the h.ukm operates and the legal rights that are affected. The third element deals with the types of subjects who are affected by a h.ukm, that is, those who possess full legal capacity and those who do not. It also deals with cases in which the legal capacity of the subject is restricted or becomes defective. 4.2. The Meaning of the H . ukm Shar‘ı̄ or the Meaning of Islamic Law The Arabic word h.ukm (pl. ah.kām) in its literal sense means a command. In its technical sense it means a “rule” This may be a rule of any kind. Thus, it may be a rational rule, like 2 + 2 = 4, or the rule that the whole is greater than its parts. It may be a rule perceived by the senses, like fire burns. Again, it may be J I based upon experience or experiment, like aspirin is good for headache. Here, however, we are concerned with the legal rule, which is called the h.ukm shar‘ı̄. Page 49 of 433 The Muslim jurists give us a definition of the h.ukm shar‘ı̄ when they attempt to answer the question: Go Back What is Islamic law? They define it as: Full Screen ©ñË @ ð @ Q jJË @ ð @ Z AJ¯ B AK. á ®Ê¾ÖÏ @ È Aª¯ AK. ÊªJÖÏ @ úÍ AªK é<Ë @ H A¢k A communication from Allah, the Exalted, related to the acts of the subjects through a demand or option or through a declaration.3 Quit S.adr al-Sharı̄‘ah, al-Tawd.ı̄h., vol. 1, 28. This definition highlights the following important points:4 1. The h.ukm or a rule of law (to be referred to as h.ukm from now on) is a communication from Allah. This means that it is not treated merely as a command.5 It also means that a communication from anyone else cannot be considered as a h.ukm, be he a ruler or someone else in authority. 2. The communication is related to the acts of the subjects. The communication invariably gives rise to a rule of some kind and enables the jurist to understand whether the requirement is for the commission of an act or its omission, or whether a choice has been granted for the commission or omission of such act.6 Thus, the words of Allah, “Do not go near unlawful sexual intercourse (zinā),” [Qur’ān 17 : 32] contain a h.ukm that requires omission and affects conduct. Some jurists divide the communication (khit.āb) into two types: khit.āb jinā’ı̄ and the khit.āb of muu‘āmalāt (criminal and civil liability). 3. The h.ukm may be expressed through a demand. The demand in this case may be for the commission of an act or its omission. In each case, the demand may be expressed in binding terms or otherwise. When the demand is expressed in binding terms and requires the commission of an act, the h.ukm Contents creates an obligation (ı̄jāb). When the terms used are not binding or absolute, the h.ukm gives rise to a recommendation (nadb) for the commission of the act. The jurists use various rules to decide JJ II when a demand has been expressed in binding terms. J I For an analysis see ibid., 28–32. Page 50 of 433 The method is, therefore, different from the one adopted by John Austin for law in his well known imperative theory or the command theory of law. Go Back While every h.ukm is related, directly or indirectly, to the act of the subject, the declaratory h.ukm may address situations or sets of facts. For example, the h.ukm may tell us that the time for the evening prayer is related to the setting of the Full Screen sun. Now, this is not an act of the subject, but an act (the evening prayer) is indirectly addressed. Makes a Demand Communication Grants a Choice Makes a Declaration When the demand in the h.ukm is for abstention from or omission of an act and is expressed in binding or absolute terms, the h.ukm conveys a prohibition (tah.rı̄m). If the demand, for omission, is not expressed in binding terms the act is looked down upon and conveys abomination (karāhah). Al-Ghazālı̄ describing the division of commission and omission and the resulting rules, says: When there is a demand for the commission of an act, we conclude that there is a command (amr ), but when this command is accompanied by additional evidence about a consequential penalty for omission the act is obligatory (wājib). In case we do not find such evidence, the act is recommended. In the case Home Page of a demand for the omission of an act, if there is accompanying evidence entailing punishment for the omission, the act is h.arām, if not the act is makrūh.7 Title Page In any case, we have four categories of obligations arising from a demand: obligation, recommenda- Contents tion, disapproval, and prohibition. These obligations are mostly associated with sanctions. When the obligations relate to ritual or worship the sanctions pertain to the hereafter or to censure through public opinion, and when the obligations relate to mundane affairs they invoke sanctions in the form J I of punishment in this world. Al-Ghazālı̄, al-Mustas.fā min ‘ilm al-Us.ūl, vol. 1, 42. See also al-Rāzı̄, al-Mah..sūl, vol. 1, 93–104. Binding Obligation Non-binding Recommendation Binding Prohibition Non-binding Abomination 4. The h.ukm may grant a choice or option to the subject for the commission or omission of an act. If a text tells the subject to “eat and drink,” a choice is offered to him that he may exercise when he Home Page likes. In other words, the subject is free to perform the act at his discretion. The bulk of the Islamic laws fall under this category and include all kinds of contracts and transactions. The Lawgiver, it is Title Page sometimes said, is indifferent to the performance of such acts.8 5. The communication may be expressed through a declaration. In this case, the communication declares or determines the relationship of an act, or set of facts, with the h.ukm. The communication, therefore, declares that an act or set of facts is the cause (sabab), condition (shart.), or an impediment (māni‘ ) J I for the application of the h.ukm. For example, in the h.ukm of the payment of zakāt (obligatory religious contribution), the possession of a minimum amount of wealth (nis.āb) is the cause for the application of the h.ukm, having retained this wealth for a year (h.awl ) is a condition for the h.ukm, Go Back and the existence of debts against the subject may be the impediment or obstacle in the way of fixing liability for zakāt. The declaratory communication explains the relationship of all these categories. Full Screen In the discussion of the mubāh., see page 71, we will see that this indifference is not absolute. For example, eating and drinking is permissible, but a person cannot give up eating altogether. If he does so, the rule will convert itself from indifference to one of obligation. Declaration Condition If we separate demands and choices from declaratory communications, we have two main categories for the h.ukm. The first is called the h.ukm taklı̄fı̄ or the obligation-creating h.ukm. The second category is called the h.ukm wad.‘ı̄ or the declaratory h.ukm. We shall first take up the discussion of the obligation creating rule or the h.ukm taklı̄fı̄. 4.3. The H . ukm Taklı̄fı̄ (Obligation Creating Rules) The h.ukm taklı̄fı̄ is classified as follows: 1. Obligatory (Wājib — Ik. @ð 2. Recommended (Mandūb — H ð YJÓ 3. Abominable, Disapproved (Makrūh — èð QºÓ ) J I 4. Prohibited (H . arām — Ð @Qk) Page 53 of 433 5. Permissible (Mubāh. — h AJ.Ó ) This classification is provided by the majority of the Sunnı̄ schools. The H . anafı̄s derive seven categories from the same definition as follows: 1. Fard.: Obligatory. This duty arises from an evidence or source that is definitive with respect to its implication. 2. Wājib: Obligatory. This duty is slightly weaker than the first in its demand for commission. It arises from a source that is probable with respect to its implication and authenticity. The demand, however, has been expressed in binding terms. 3. Mandūb: Recommended. The difference between recommendation and the two kinds of obligation above is based on the binding nature of the command. The source is probable, but the demand is expressed in non-binding terms. 4. Makrūh karāhat al-tanzı̄h: Disapproved. It is an act whose omission is demanded by the Lawgiver through a probable evidence expressed in non-binding terms. 5. Makrūh karāhat al-tah.rı̄m: Abominable. This category arises from a probable evidence expressed in binding terms. It is close to prohibition. 6. H . arām: Prohibited or duty not to commit an act. This arises from a definitive evidence. 7. Mubāh.: Permissible. No duty is created and the subject is given a choice to perform the act or not to perform it. We may also say here that the subject is sometimes given the power to create obligations Contents and duties with respect to other individuals. This may occur, for example, in the case of a person appointing another his agent or concluding a contract with him. The figure below explains these categories: Fard. . arām Evidence Binding Wājib (Dalı̄l ) Terms Karāhat al-Tah.rı̄m Non-binding Mandūb Terms Karāhat al-Tanzı̄h . ukm Wad.‘ı̄—Declaratory Rules Home Page The definition of the h.ukm shar‘ı̄ provided above stated that the communication from Allah may be Title Page related to the acts of the subjects in a manner that is declaratory. This is stated in order to accommodate rules that cannot be classified under the obligation creating rules. The following classifications are made: 1. Classification of secondary rules into sabab, shart. and māni‘. The us.ūlı̄ is concerned more with this classification. J I 2. Classification into .sih.h.ah, but.lān, and fasād (validity, nullity and vitiation). This classification is Page 55 of 433 more important for the faqı̄h, because it pertains to the performance of acts.9 3. Classification into ‘azı̄mah and rukhs.ah (general rules and exemptions). This classification helps the jurists identify the general principles of the law and the exceptions to these general principles. It is used as a tool for achieving analytical consistency.10 Close S.adr al-Sharı̄‘ah, al-Tawd.ı̄h., vol. 2, 679–80. Quit It is sometimes stated that all the injunction of the sharı̄‘ah are of two types: broad general principles and exceptions to these principles. See, e.g., Amı̄n al-Ih.sān Mujaddadı̄, Qawā‘id al-Fiqh (Karachi: al-S.adaf Publishers, 1986), 5. In terms 4.5. The Distinction Between the H . ukm Taklı̄fı̄ and the H . ukm Wad.‘ı̄ 1. The aim of the h.ukm taklı̄fı̄ is to create an obligation for the commission or omission of an act or to grant a choice between the commission or omission of the act. The h.ukm wad.‘ı̄ has no such aim. Its purpose is to either inform the subject that a certain thing is a cause of, condition for or obstacle to a h.ukm or it is to explain the relationship that exist between two rules or to provide the criterion for judging whether an act performed is valid or void. 2. The act or event that is affected by the h.ukm taklı̄fı̄ is within the ability of the subject with respect to its commission or omission. The act affected by the h.ukm wad.‘ı̄ may or may not be within the ability of the subject with respect to commission or omission. In other words, it is always possible for the subject to commit or omit an act affected by the h.ukm taklı̄fı̄, but it may not be possible for him to commit or omit all acts that fall within the domain of the h.ukm wad.‘ı̄. Thus, theft is an act the omission of which is required and it is possible for the subject to avoid it, but the setting Home Page of the sun is the legal cause for the evening prayer, and it is not possible for the subject to bring it Title Page about. Rushd (discretion) is a necessary condition for contracts, but it is a condition that is beyond the power of the subject to create. Insanity is a defence against criminal liability, that is, it is an Contents obstacle (māni‘ ) preventing the h.ukm from taking effect, but it is beyond the power of the subject (he can only feign it for some time). It is not to be assumed that the h.ukm taklı̄fı̄ and the h.ukm wad.‘ı̄ are always stated in separate texts. It is possible for them to exist in the same text. For example, the verse about theft states: “The thief, Page 56 of 433 male and female, cut off their hands.” Here the h.ukm is the obligation to cut off the hand, the cause for it is sariqah (theft), thus, both occur in the same text. of our explanation of evidences as general principles and specific evidences, it would mean that the specific evidences sometimes provide exceptions to the general principles. It is the task of the jurist, for the sake of analytical consistency, to relate the general principles and the exceptions. Another aspect of this view is the laying down of an initial rule, called ‘azı̄mah and then providing an exception to it, called rukhs.ah. (See page 76.) Classification of Islamic Law The main categories of rules emerging from the definition of the h.ukm shar‘ı̄ have been identified in the Home Page previous chapter. The details of these categories will be taken up in this chapter. The discussion of wājib, mandūb, mubāh, makrūh and h.arām will be taken up first. This will be followed by the discussion of the types of h.ukm wad.‘ı̄. Contents 5.1. The Meaning of Wājib (Obligatory Act) and its Different Types JJ II The term wājib means an act the performance of which is obligatory for the subject. In its technical sense, it is an act whose commission is demanded by the Lawgiver in certain and binding terms. The binding Page 57 of 433 and certain nature of the demand may be inferred from the syntax of the statement in which the demand is expressed. It may also be inferred from an evidence external to the syntax, for example, the existence of a consequential punishment for omission. Examples of these are: the performance of .salāt, the payment of Full Screen zakāt, the fulfilling of promises and many other acts that are required by the Lawgiver from His subjects. The Lawgiver has determined penalties for the omission of such acts. Close 5.1.1. The h.ukm or rule for the wājib The rule for the wājib is that it must be brought about by the subject and for doing so there is reward (thawāb) for him, while omitting it, without a legal excuse, entails a penalty. The rule further says that a person who denies the legality of a wājib when it is based upon a definitive (qat.‘ı̄) evidence is to be imputed with kufr (infidelity).1 This is the rule according to the Sunnı̄ majority. The rules according to . anafı̄s for the fard. and for the wājib are as follows: • The wājib according to the H . anafı̄s is what has been made binding for the subject by the Lawgiver, but which has been established through a probable (z.annı̄) evidence, whose strength is not that of a definitive evidence. The examples are: .sadaqat al-fit.r, witr prayers, prayers of the two ‘Īds and reciting sūrat al-Fātih.ah in prayers. These cases have been established, according to the H . anafı̄s, through a khabar wāh.id, which is a probable evidence. • The fard., on the other hand, has been made binding for the subject and is established through a definitive (qat.‘ı̄) evidence. The evidence may be a verse of the Qur’ān or a mutawātir or mashhūr Title Page tradition. Examples of the fard. are: the five daily prayers, zakāt, h.ajj, recitation of the Qur’ān in prayer and so on.3 Contents • The rules for fard. and wājib are different in their view. The rule for fard. is the obligation of perfor- JJ II mance and liability for punishment on omission as well as imputation of kufr for denying its legal validity. The rule for the wājib is the obligation of performance and liability for punishment for J I omission, but of a lesser gravity as compared to the fard.. They also do not impute with kufr the person who denies the wājib.4 • This distinction drawn by the H . anafı̄s has an effect on the opinions derived in fiqh. For example, Go Back they say, if one forgets to recite the Qur’ān in prayer, the prayer is a nullity (bāt.il ), because this is noncompliance with a definitive evidence in the Qur’ān requiring such recitation: “Then recite what S.adr al-Sharı̄‘ah, Tawd.ı̄h., vol. 2, 681. Ibid., 680, 682. Quit Ibid., 681. is easy from the Qur’ān.” On the other hand, if one forgets to recite sūrat al-Fātih.ah, but does recite something else, it does not invalidate the prayer, although this is noncompliance with a tradition that says: “There is no prayer for one who does not recite the Fātih.ah of the Book.” This, however, is a khabar wāh.id.5 5.2. The Classifications of the Wājib (Obligatory Act) There are several classifications for the wājib (obligatory act) based upon different criteria. These are described below: 5.2.1. Classification based on the time available for performance: wājib mut.laq and wājib muqayyad On the basis of the time of its performance the wājib is divided into wājib mut.laq, which is absolute or unrestricted by time, and into wājib muqayyad or wājib with a time limitation. 5.2.1.1. Wājib mut.laq (obligatory act independent of time) Wājib mut.laq is an act whose performance has been demanded by the Lawgiver, but He has not fixed a definite time for its performance. An example is the payment of expiation (kaffārah) and the nadhr for JJ II fasting sometime in the future. The rule for wājib mut.laq is that the subject may perform the act whenever he likes. For example, if he took an oath to do something and then broke his oath, he may pay the kaffārah, for which he is liable, Page 59 of 433 anytime he wishes to do so. 5.2.1.2. Wājib muqayyad also called wājib mu’aqqat (obligatory act limited by time) Full Screen It is an obligatory act demanded by the Lawgiver from the subject for which a time period is also Close determined having a beginning and an end. Examples are: the five daily prayers, fasting during Ramad.ān, and H . ajj. Quit See al-Sarakhsı̄, Kitāb al-Us.ūl, vol. 1, 133. The wājib muqayyad or mu’aqqat gives rise to two further subdivisions depending on the performance of the act within time and depending on the time available for the performance of the act, that is, whether the time is just enough for the act or exceeds the time required. Let us look at both divisions. 5.2.1.2.1. First subdivision of the wājib mu’aqqat: early, timely and delayed performance or ta‘jı̄l, adā’ and qad.ā’. The three types are as follows: 1. Ta‘jı̄l or early performance of an obligatory act, if permitted by the Lawgiver, amounts to perfor- mance in time, like the early payment of the .sadaqat al-fit.r. 2. Adā’ is the timely performance of the act, that is, the time that the Lawgiver has fixed for it, without there being any shortfall in such performance. In case the act has not been properly performed and is repeated within time and is performed properly, it is called i‘ādah (repetition), like a person praying with tayammum finds water, performs ablution and prays again within time. There are some fine Home Page distinctions about the term i‘ādah among the majority and the H . anafı̄s, that is, when a repetition is called i‘ādah and when adā’. 3. Qad.ā’ is the performance of an obligatory act after the time fixed for it by the Lawgiver, like offering Contents the morning prayer after the sun has risen or like offering .zuhr in the time of as.r. The jurists agree that one who misses the determined time is obliged to offer the act as qad.ā’ and if the delay was without a valid excuse, he is liable for blame. The Z.āhirı̄ jurists confine the excuse to one who forgot J I or one who missed the act while he was asleep, thus, it is obligatory only for these two cases in their view and not for one who misses it intentionally. Page 60 of 433 Mut.laq Ta‘jı̄l Adā’ I‘ādah Wājib (Obligatory Act) Mu’aqqat Qad.ā’ Muwassa‘ 2nd Mud.ayyaq Dhū shibhayn 5.2.1.2.2. Second subdivision of the wājib mu’aqqat: wide, narrow and dual duration for the performance Title Page of the act or muwassa‘, mud.ayyaq and dhū shibhayn. The three types are as follows: 1. Wājib muwassa‘ (Obligatory act with extra time) is an act for which the time given by the Lawgiver is enough for this act and others like it. The time for the act is called .zarf according to the H . anafı̄s. An example is the time for the .zuhr prayer. The subject is permitted to perform the required act J I in any part of this time period. After agreeing on this, the jurists disagreed as to which part is the wujūb (obligation) connected to: the beginning or the end of the period. Supposing a woman starts Page 61 of 433 menstruating in the middle of the period for the .zuhr prayer, when she has not offered the prayer. Go Back Is she liable for qad.ā’ ? This problem is actually related to the issue in us.ūl whether a command necessitates immediate or delayed compliance. It is somewhat complex and lengthy to discuss here.6 Full Screen 2. Wājib mud.ayyaq (Obligatory act with time sufficient for a single performance) is an act for which Close the time granted by the Lawgiver is just enough for its performance and for no other, like the fasts For the details see al-Sarakhsı̄, Kitāb al-Us.ūl, vol. 1, 26–59. He discusses these details under the topic of amr (command) and all these categories are dealt with as types of commands. of Ramad.ān or like the evening prayer. The time granted itself becomes the standard (mi‘yār ) for the validity of this act. 3. Wājib dhū shibhayn (Obligatory act with extra time from one aspect and sufficient time from another) or the act that can be performed once in a time period, yet it permits other acts. An example is h.ajj. It can be performed once in a year in known months, but it permits the subject to perform acts like .tawāf a number of times during this period. A major reason for this distinction is that the wājib muwassa‘ is not valid if the subject does not form a niyyah required for it, because the time available may include other acts and the act has to be identified. As compared to this the wājib mud.ayyaq is valid with a general niyyah or even a niyyah for another act of the same kind. The niyyah will be redirected, so to say, toward the act for which the time is just sufficient. 5.2.2. Classification based on the extent of the required act The wājib is classified according to the extent or amount of the act required into wājib muh.addad and wājib ghayr muh.addad. 5.2.2.1. Wājib muh.addad (determinate obligatory act) It is an act whose amount or extent has been determined by the Lawgiver, like the five daily prayers and the amount of zakāt. The rule for this type of wājib is that it becomes due as a liability as soon as its J I cause is found. A demand for its performance or payment is valid without waiting for a judicial verdict Page 62 of 433 or on the willingness of the subject to perform the act. The subject is not absolved from the liability to perform or pay unless he does so in the way determined by the Lawgiver and in the amount fixed by Him. Go Back 5.2.2.2. Wājib ghayr muh.addad (indeterminate obligatory act) It is an act whose amount or extent has not been fixed by the Lawgiver, like spending in the way of Allāh, feeding the needy or hospitality for guests. These things depend upon the need and capacity of the Quit individual and thus vary. The rule for this kind of wājib is that it does not become a liability, unless it is imposed by a judicial decision or through willingness and acceptance. The jurists have differed as to which act is to be attached to which type of wājib. For example, maintenance of wife and children, or support for the next of kin: are these to be linked to wājib muh.addad or wājib ghayr muh.addad? According to some H . anafı̄ scholars these are to be linked to the ghayr muh.addad, because there is no fixed amount for them. A court decision would, therefore, be required or it will become obligatory through an agreement between the parties. The majority link these to the muh.addad and no court decision is required in their view for a claim. 5.2.3. Classification based on the subjects who are required to perform Depending on who is required to perform the act, the wājib is divided into the universal obligation and the communal obligation or the wājib ‘aynı̄ and the wājib kifā’ı̄. 5.2.3.1. Wājib ‘aynı̄ (the universal obligatory act) Wājib ‘aynı̄ or the universal obligation is a demand by the Lawgiver from each subject, or each subject with legal capacity for the act, to perform the act, like prayers, fasting, h.ajj and zakāt. The rule for this type of obligation is that it is to be performed by each person from whom it is demanded. The individual Contents is not absolved of the liability even if some other persons have performed the act. 5.2.3.2. Wājib kifā’ı̄ (the communal obligatory act) J I The wājib kifāyah is an act whose performance is required from the whole community and not from each Page 63 of 433 individual, like jihād, answering the salām, and rendering testimony. The rule for the wājib kifāyah is that if it is performed by some individuals in the community, the rest Go Back are no longer liable for it, as the required act stands performed. The communal obligation may turn into a universal obligation, however, in certain cases. For example, if there is only one doctor in the community, it will be his personal obligation to look after a patient. Close 5.2.4. Classification based on the identification of the object of the required act The obligatory act is divided into two types on the basis of the determination of the object of the act. The types are wājib mu‘ayyan and wājib mukhayyar. 5.2.4.1. Wājib mu‘ayyan (the specified obligatory act) The wājib mu‘ayyan is an act that is required by the Lawgiver specifically; there is no choice in it with respect to the act to be performed. The examples are prayer, fasting, payment of due wages and so on. The rule is that the subject is not free of the liability without specific performance. 5.2.4.2. Wājib mukhayyar (the unspecified obligatory act or obligatory act with an option as to its performance) This type of act is required by the Lawgiver not as a specific act, but as one out of several determined acts, like the kaffārah (expiation) for breaking the oath: feeding ten needy persons, or clothing them, or Title Page the freeing of a slave. If the subject is not able to perform one act, he may perform the other. Each of these three acts, however, are required by way of a choice. When one is performed, the subject is absolved of liability. JJ II 5.3. The Meaning of Mandūb (Recommended Act) and its Different Types Mandūb or the mandūb ilayh is defined as “a demand by the Lawgiver for the commission of an act without making it binding and without assigning any blame for its omission.”7 The non-binding nature Go Back of the demand can be inferred from the syntax. Sometimes the syntax may indicate that the demand is binding, but there may be related evidence showing that the demand is non-binding. The related evidence may be a text or a general principle of the sharı̄‘ah or some other indication, like the absence of a penalty Close for non-performance. For example, in the verse, Quit S.adr al-Sharı̄‘ah, al-Tawd.ı̄h., vol. 2, 682. èñJ.J» A¯ ùÒÓ Ég . @ úÍ @ áK YK. ÕæJK @ YK @ X @ O ye who believe, when you enter into a transaction involving a dayn (debt), write it down [Qur’ān 2 : 282] the demand for the recording of the debt is a recommendation and is non-binding, because of an associated evidence that indicates this. The evidence is found in the following verse: ßð @ ø YË @ XñJ éJK AÓ @ áÖ Ê¯ AªK. ÕºªK. áÓ @ à A ¯ And if one of you deposits a thing on trust with another, let the trustee faithfully discharge his trust [Qur’ān 2 : 283] This indicates to the creditor that he may trust the debtor without the writing down of the debt. Likewise Home Page in the verse Ø YË @ð g ÑîD ¯ Õ æÒÊ« à @ ÑëñJ . K A¾ ¯ Õº K AÖ ß @ IºÊÓ AÜ H A JºË @ à ñª JK áK And if any of your slaves ask for a deed in writing (to enable them to earn their freedom for a certain sum) give them such a deed, if ye know any good in them. [Qur’ān 24 : 33] JJ II The command requires the agreement of mukātabah with the slave (in which the slave pays for his freedom in installments). It is, however, not binding on the owner. This is inferred from the established principle Page 65 of 433 of the sharı̄‘ah that an owner of property is free to dispose of it as he likes. It is not permitted to coerce him into a specific transaction, unless there is a legal necessity for doing so. 5.3.1. Types of Mandūb The recommended act (mandūb) sometimes has some additional legal emphasis behind it for persistent or continued performance. On this criterion, it has been divided into two broad types: Quit Sunnah Mu’akkadah Mandūb Sunnah Ghayr Mu’akkadah (Recommended Act) Sunnat Zawā’id 5.3.1.1. Sunnah mu’akkadah (the emphatic recommended act) Sunnah mu’akkadah is a recommended act that was persistently performed by the Prophet (p.b.u.h.). He did not give up its persistent performance, except on some occasions. This again is of two types: • Sunnah mu’akkadah that complements and completes a wājib, like adhān and congrega- tional prayers. The rule for this category is that the person who gives up such acts is liable to some blame, though this does not reach the level of punishment. The person who performs them is entitled Home Page to reward in the hereafter. If an individual gives up such acts totally, he is liable to lose his ‘adālah (moral probity), which may in turn result in the rejection of his testimony. If a township collectively decides to give up these recommended acts, it exposes itself to legal and military action. The reason Contents is that these acts are part of the fundamental practice (sha‘ā’ir ) of Islam. ( éK. B @ I k. @ñË @ ÕæK B AÓ Ik. @ð ñê¯ —An act essential for completing an obligatory act becomes an obligation in itself). • Sunnah mu’akkadah that does not complement or complete a wājib, though it is generally J I supportive of it, like praying two rak‘as before the fajr prayer, or after .zuhr, maghrib and ‘ishā’. There is reward for the performance of such an act and blame for giving it up, however, the person giving it up totally does not lose his ‘adālah. If a township gives them up, it does not become liable Go Back for civil or military action, because these acts are not considered part of the sha‘ā’ir of Islam. 5.3.1.2. Sunnah ghayr mu’akkadah (non-emphatic recommended act)—nafl, mustah.abb Close The recommended act that is not emphatic is called sunnah ghayr mu’akkadah or nafl or mustah.abb. It Quit is an act that was not performed persistently by the Prophet, that is, he performed it several times and did not do so at other times. Examples of this type are the four rak‘as before as.r and ‘ishā’ and giving .sadaqah to the poor. The rule for this type of act is that one who performs it is entitled to thawāb, but one who does not, is not subject to blame. 5.3.1.3. Sunnat zawā’id This term is used by some jurists for the acts of the Prophet pertaining to ordinary daily tasks as a human being, like his dress, food and drink, as well as his dealings with his family members.8 The rule for such acts is that one who adopts them seeking to follow the Prophet’s example, out of love for him, is to be rewarded. The person who does not adopt them is not blameworthy in any way. 5.4. The Meaning of H . arām (Prohibited Act) and its Different Types The prohibited act (h.arām) is one whose omission is required by the Lawgiver in binding and certain terms. According to the majority of the jurists (jumhūr ), it does not matter whether the evidence informing us of this omission is definitive or probable. According to the H . anafı̄s, however, the act that is h.arām is Title Page based upon a definitive evidence.9 The prohibited act that is based on a probable evidence expressed in binding terms, falls within the category of the abominable act that is closer to prohibition (makrūh Contents karāhat al-tah.rı̄m). The rule for the prohibited act in their view is the imputation of kufr for the person JJ II who denies its legal validity. The rule according to the majority is also the same, that is, the imputation of kufr is applicable when the prohibition arises from a definitive evidence. J I The binding and certain terms in which the demand is expressed are understood either from the syntax of the text alone or from other supporting evidence. Some examples of the prohibited act (h.arām) are: 1) Eating of carrion; 2) infanticide; 3) marriage with mothers or step mothers; 4) false evidence; 5) the Go Back misappropriation of another’s wealth; 6) murder and 7) unlawful sexual intercourse. The texts on which these are based are: Full Screen 1. Forbidden to you (for food) is dead meat. [Qur’ān 5 : 3] That is, with respect to its transmission. 2. Do not kill your children on plea of want. [Qur’ān 6 : 151] 3. Prohibited to you (for marriage) are your mothers. [Qur’ān 4 : 23] 4. And marry not women whom your fathers married. [Qur’ān 4 : 22] 5. And shun the word that is false (perjury) [Qur’ān 22 : 30] 6. And do not eat up your property among yourselves for vanities. [Qur’ān 2 : 188] 7. If a man kills a believer intentionally, his recompense is Hell, to abide therein (for ever). [Qur’ān 4 : 93] 8. Nor come nigh to unlawful sexual intercourse, for it is a shameful deed. [Qur’ān 17 : 32] The communication in all the above texts is expressed in binding terms, and this is obvious either from the word prohibition or from the negation of permissibility or from the demand for the avoidance of the 5.4.1. The types of h.arām Title Page The prohibited act is divided into two types: prohibited for itself and prohibited due to an external factor.10 Contents . arām li-dhātihi H. arām (prohibited for itself) J I (Prohibited Act) H . arām li-ghayrihi (prohibited for an external factor) Page 68 of 433 5.4.1.1. H . arām li-dhātihı̄ (prohibited for itself) Full Screen The act that is prohibited for itself is one that was declared prohibited for itself ab initio and right from Close the start, and not for an external category. Examples of this type are: unlawful sexual intercourse, theft, and selling of carrion. Quit The rule for this category is that it is not permissible ab initio and if the subject commits such an act, there will be no beneficial legal effects or the gains desired. Thus, unlawful sexual intercourse cannot lead to the establishing of paternity or claims of inheritance,11 while theft cannot be a reason for the claim of ownership, nor can the selling of carrion lead to ownership. . arām li-ghayrihı̄ (prohibited for an external factor) The act that is prohibited due to an external factor was not prohibited initially, and was legal in itself, but an external factor intervened and led to its prohibition, like fasting on ‘Īd day. Fasting is legal otherwise, but the Lawgiver prohibited it on the day of ‘Īd, because the subjects that day are the guests of Allāh, and fasting becomes a hurdle for this hospitality. Another example is the sale that involves ribā. Sale is legal in itself, but a condition imposed in it that requires the charging and giving of interest leads to its prohibition. The rule for this type is that as the act is valid in itself, if it is possible to remove the obstructing factor the act may be declared valid. Thus, according to the H . anafı̄s, if the condition of ribā is removed Title Page from the ribā based sale, the sale may be declared valid. It is for this reason that they place this type of contract in the category of fāsid (vitiated; unenforceable) and not bāt.il (void). Contents 5.4.1.3. Distinction between the two types There are two basic distinctions between acts that are prohibited for themselves and those that are prohibited due to an external factor: Page 69 of 433 1. When an act prohibited for itself becomes the subject-matter of a contract, the contract is void, that is, it will have no legal effects. As compared to this, when the act prohibited for an external factor Full Screen becomes the subject of a contract, it is not void, but is valid or is vitiated with partial or suspended legal effects, according to the varying opinions of jurists on this. Thus, if the sale pertains to carrion Close Some people argue that the unlawful act here has been committed by the parents, while the denial of benefits is for the illegitimate offspring, who is innocent. or to wine, the contract is void having no legal effects. Likewise, a contract of marriage within the prohibited degree. As for the contract of ribā mentioned above, it is vitiated. The reader will come across many examples that are said to fall in the category prohibited for an external factor, however, in most examples one finds that they fall in this category according to the majority of the jurists; the H . anafı̄s would place them in the category of makrūh that is closer to prohibition. Thus, some care is to be exercised in studying the examples. 2. The act prohibited for itself cannot be permitted, except in the case of duress (id..tirār ). For example, wine is prohibited for itself and cannot be permitted, unless the person affected is dying of thirst and there is nothing else available. The reason is that preservation of life is a vital interest secured by the sharı̄‘ah. As compared to this, an act prohibited for an external factor may be permitted in case of dire need to the extent of the need. Thus, the covering of private body parts is prohibited not for itself, but for what it leads to. It is, therefore, permitted to uncover these parts in case of need, as when it is necessary for medical treatment. 5.5. The Meaning of Makrūh (Disapproved Act) and its Different Types The makrūh (disapproved act) is divided by the H . anafı̄s into two types: makrūh tah.rı̄man and makrūh 12 JJ II tanzı̄han. The first is what has been called abominable or reprehensible as it is closer to the category of h.arām. This type of act is the opposite of wājib, according to the H . anafı̄s. It is an act whose omission has J I been demanded by the Lawgiver in certain terms through a probable evidence, like making a proposal for marriage where the proposal of another is awaiting response or even making an offer for sale where the offer of another is pending. Each of these has been established through a khabar wāh.id. The h.ukm or rule Go Back for this type of makrūh is punishment for the person denying it, though he is not imputed with kufr. The simple makrūh (disapproved) act is one whose omission is demanded by the Lawgiver in non- Full Screen binding terms whatever the type of evidence from which it arises. It is one for which omission is better than commission. For example, a verse of the Qur’ān proscribes sale at the time of the Friday congregational prayer, and asks the believers to avoid it at that time. This, however, may be interpreted as makrūh rather Quit than prohibited; and even if it is interpreted as prohibited due to an external factor, the result is the same. This division of makrūh into two types is based on the H . anafı̄ opinion. The majority of the jurists place makrūh tah.rı̄man into the category of h.arām insofar as it is a demand for omission expressed in binding Al-Shāt.ibı̄, the Mālikı̄ jurist, explains that something that is considered disapproved in an individual case may be deemed prohibited as a whole. This means that a person should not make a habit of indulging in disapproved acts. 5.6. The Meaning of Mubāh. (Permitted Act) and its Different Types The mubāh. or permissible act is one in which the Lawgiver has granted a choice of commission or omission, without blame or praise for omission or commission. It is also called h.alāl. The mubāh. that is mentioned in the texts is usually expressed in words like “There is no harm for Home Page you. . . ,” or “It is no sin for you” and so on. The mubāh. is also understood through the principle of istis.h.āb, which states that anything that is not expressly prohibited or considered abominable by the sharı̄‘ah is Title Page permissible. According to the above rule, all contracts and transactions are permissible, unless there is an evidence indicating that they are not. This principle emphasises the fact that underlying rule for all things is permissibility, however, it will be explained in detail in the sources of Islamic law. JJ II There is an interesting discussion in us.ūl al-fiqh about the h.ukm of mubāh.. It is generally maintained by the jurists that once an act is established as mubāh., the Lawgiver cannot be assumed to have an intention of omission or commission related to it, and the performance or non-performance cannot be deemed an Page 71 of 433 act of worship or required obedience. On the other hand, there are certain groups, like the S.ūfı̄s, who are attributed with the statement that the omission of mubāh. is a required act. They rely for this on Go Back certain verses and texts of the traditions in which the temporal world and its pleasures have been looked down upon by the Lawgiver. They also argue that indulging in the permitted pleasures of this world leads to the commission of the disapproved and the forbidden. The jurists, however, reject such opinions and Close maintain that omission of the mubāh. is not a required act. There have been other jurists who insist that as the commission of a mubāh. act amounts to the non-performance of a prohibited act, the commission of mubāh. becomes wājib. Al-Shāt.ibı̄, thinking in different terms, has explained in great detail how the mubāh. may be permitted for individual cases, but taken as a whole may be considered obligatory or permitted. For example, eating and drinking is permitted and the subject has a choice in eating or not eating, but overeating may destroy his health and not eating at all may kill him too; a balance, therefore, has to be maintained. This means that at the level of a specific evidence it is permitted, but when it attacks a purpose of the law it becomes obligatory or prohibited, as the case may be. We may raise the question here as to whether the mubāh is permitted by itself or whether it becomes permitted with the approval of the sharı̄‘ah? For example, whether eating and drinking was permitted anyway or only when the texts said “eat and drink”. This question is directly concerned with the principle of istis.h.āb. The answer will, therefore, be provided there (see page 152). . ukm Wad.‘ı̄ or the Declaratory Rule The declaratory rule or the h.ukm wad.‘ı̄ does not create an obligation; it is a rule that facilitates the Home Page operation of the obligation-creating rule or it explains the relationship between different obligation-creating rules. The major classifications are: 1) sabab, shart. and māni‘ ; 2) .sih.h.ah., fasād and but.lān; and 3) ‘azı̄mah Title Page and rukhs.ah. 5.7.1. Sabab, shart. and māni‘ JJ II The secondary or declaratory rules primarily include the causes of, conditions for, and obstacles to the J I h.ukm. These may be described very briefly.13 5.7.1.1. Sabab (Cause). Go Back Sabab is the cause on the basis of which a primary rule or h.ukm taklı̄fı̄ is invoked or is established. The Full Screen literal meaning of sabab is the means to a thing. In its technical meaning it is what the Lawgiver has determined to be the identifier of a legal rule so that its existence means the presence of the rule, while its For the details see S.adr al-Sharı̄‘ah, al-Tawd.ı̄h., vol. 2, 705–20. For an even more detailed explanation see al-Sarakhsı̄, Kitāb al-Us.ūl, vol. 2, 301 passim. absence means the absence of the rule.14 Thus, it is each entity or incident whose existence the Lawgiver has determined to be the prerequisite for the existence of the h.ukm, and its absence an indication of the absence of the h.ukm. Unlawful sexual intercourse, for example, is a cause for the obligation of implementing h.add, while safah and insanity are the causes for interdiction, but when these causes are missing there is no obligation to impose h.add or interdiction. The cause (sabab) is divided with respect to the act of the subject into two types. The first is not dependent on the act of the subject, nor is it within his power to bring it about. Yet, when such a cause is found the h.ukm exists, like the setting of the sun as a cause for the obligation of the evening prayer, and the beginning of the month of Ramad.ān as a cause for the obligation of fasting, and like safah for the obligation of interdiction. The second type is an act of the subject and is within his power to bring about, like journey for the permissibility of not fasting, or murder (qatl ‘amd ) for the obligation of qis.ās., or the formation of contracts as a cause for enforcing their performance. Such an act may itself be the subject of a taklı̄fı̄ rule, that Home Page is, it would be required or prohibited or recommended, and it may fall under the category of declaratory rules.15 Thus, marriage is a cause for the permissibility of marital relations, but it becomes obligatory Title Page when there is fear of falling prey to unlawful sexual intercourse. The distinction between a sabab, that is, a sabab alone and a sabab that amounts to an ‘illah for a h.ukm is important and must be understood. The simplest way to understand this distinction is to say JJ II that when a cause can be rationally perceived to be the reason for the existence of the h.ukm it is an ‘illah, but when the cause is obscure for human reason and it is not possible to understand why the cause has been associated with a h.ukm, the cause is simply a cause and not an ‘illah. For example, human reason Page 73 of 433 can comprehend why journey has been determined to be the cause for the permissibility of not fasting, but it may not understand why the month of Ramad.ān has been fixed for fasting.16 Go Back See al-Ghazālı̄, al-Mustas.fā, vol. 1, 93-94. See al-Shāt.ibı̄, al-Muwāfaqāt, vol. 1, 188. 16 Close For further details see al-Sarakhsı̄, Kitāb al-Us.ūl, vol. 2, 301. 5.7.1.2. Shart. (Condition). The Lawgiver may declare that a set of facts must exist or an act must take place before the cause can take effect and invoke the related h.ukm.17 The existence of such a set of facts is called a shart. or condition for the h.ukm. A shart. or condition then is a sign or an indication on which the existence of another thing depends, but the existence of this sign does not necessarily mean the existence of that thing, however, its absence does mean the non-existence of the other thing. By existence and non-existence of the h.ukm here is meant something of which the sharı̄‘ah will take cognisance and will also assign legal effects to it. In its technical sense, however, it implies a necessary condition for a h.ukm. Ablution is a condition for prayer and the presence of witnesses a condition for the marriage contract. The existence of witnesses, however, does not necessarily mean that a marriage has taken place, yet without witnesses a marriage would not be valid. The meaning of shart. is understood clearly by distinguishing its meaning from those of other attributes. There are similarities and differences between a shart. and a rukn. The similarity is that the legal existence of a thing depends on both; if either is missing the act is not valid or the h.ukm does not exist. The Title Page difference between the two is that a rukn (element) is always part of the act, while a shart. is external to it. For example, bowing is a rukn or prayer and is a part of it, while ablution is a condition and is external Contents to prayer. There are similar distinctions between sabab and shart.. The similarity is that both are external to the act and on both depends the existence of the h.ukm. The difference is that the existence of the cause J I necessarily leads to the existence of the h.ukm, but the existence of a shart. does not necessarily mean the existence of the h.ukm, as in the case of witnesses to a marriage contract. A shart. is divided into two types by the jurists: shart. shar‘ı̄ and shart. ja‘alı̄. These are conditions Go Back imposed by the Lawgiver and conditions imposed by the subjects, as in contracts that accept them. Ibid., vol. 2, 320. 5.7.1.3. Māni‘ (Obstacle). A condition or set of facts may exist that prevent the h.ukm from being applied even if the cause is found and the condition is met. The obstacle or māni‘ is a factor whose existence indicates the negation of a h.ukm or its sabab. This implies that an obstacle is of two types. The first type negates the h.ukm or prevents it from coming into operation, like the negation of the h.ukm of retaliation when the accused is the father of the victim. The other type is the obstacle that affects the cause and prevents it from coming into being. The majority of the obstacles are of this type. Those who will study Islamic criminal law should understand that the first kind of māni‘ constitutes the doctrines of criminal law also called general defences. The principle is the same as in Western criminal law where the definition of the crime is not constituted unless the doctrines are read in with them, that is, the general defences are implied in the definition. We shall be discussing some of these general defences under the heading of legal capacity of the mukallaf (subject) as well as in contracts and criminal law. 5.7.2. S.ih.h.ah, fasād and but.lān (validity, vititation and nullity) Title Page An act that is obligatory, recommended, or permissible may be required to be performed in a certain Contents manner by the Lawgiver.18 When the act is performed properly it is deemed as valid (s.ah.ı̄h.) otherwise it is null and void (bāt.il ). Here too the H . anafites add another category called irregular or vitiated (fāsid ). JJ II Such an act can become valid if the cause of the irregularity is removed, otherwise it stays suspended. It may, however, have some legal effects. An example is a contract involving ribā. Under H . anafı̄ law such a contract is considered vitiated (fāsid ). This means that it can become a valid contract if the offending Page 75 of 433 condition is removed. Such a contract is to be distinguished from the voidable contract under law. A voidable contract is dependent upon the option of the parties, while in a fāsid contract the offending condition must be removed; the parties have no option in this. Full Screen S.adr al-Sharı̄‘ah, al-Tawd.īh., vol. 1, 30. Close 5.7.3. ‘Azı̄mah and rukhs.ah (initial rules and exemptions) The Lawgiver may indicate that one h.ukm is to be considered as an obligation imposed initially as a general rule (‘azı̄mah).19 This may be followed by another rule that is an exemption (rukhs.ah) from the general rule. Drinking of wine is prohibited as a general rule. In cases of duress (id..tirār ), however, one is allowed to consume it, if it saves one from dying of thirst. This is a rukhs.ah. According to some jurists, the entire law may be classified into general rules and related exemptions. This division has important methodological consequences and helps the jurist achieve analytical consistency. One important significance is that analogy (qiyās) cannot proceed from an exemption, it must be based on a general rule. This provision, considered with other strict conditions, further narrows down the operation of qiyās. The Lawgiver (H . ākim) 6.1. Allah is the True Source of all Laws Home Page The source of all laws in Islam is Allah and Allah alone. The verse of the Qur’ān, “The h.ukm belongs to Title Page Allah alone,” [Qur’ān 6:57] is often cited in support of this. This basic rule determines the character of Contents Islamic law and gives direction to all interpretation and ijtihād. The rule says that it is Allah’s laws alone that are acceptable to the Muslim. No temporal authority can command a Muslim’s obedience, unless JJ II the authority is based on the commands of Allah. This is the essence of social contract1 within a Muslim Each Muslim is a Muslim not only because he believes in the existence of one God and the truth of the Page 77 of 433 mission of His Messenger, but also because the laws are prescribed by the Wise and Just Lord. It is these laws that grant him security from oppression and ensure justice and fair play in all dealings. A Muslim Go Back surrenders his will to Islam so that his life may be regulated in accordance with the h.ukm of Allah. Full Screen What, then, do we mean when we say that Allah is the True and Ultimate Sovereign? What is the general nature of the laws laid down by Allah? In other words, can we see a broad intention of the Lawgiver Close 1 Quit By social contract we mean the basis upon which Muslims, acting upon the commands of Allah, have agreed to cooperate with each other and to live together in the form of an organized Muslim society. when we look at all the laws? We, therefore, ask the question: Are these laws laid down in the interest of Man? Thus, if we make a law that serves the interest of humanity (say based upon utilitarian principles), can this law be assumed to be valid and in accordance with the dictates of the sharı̄‘ah? Further, an extension of the above inquiry pertains to the independent use of reason. If the assumption is that Allah’s laws are always in conformity with human reason, then, can we also assume that all laws that appear reasonable to humans must be in conformity with the sharı̄‘ah? There are a number of other questions that pertain to the methodology to be adopted to ensure that laws conform with the injunctions of the Qur’ān and the Sunnah, but these require exhaustive analysis and will not be taken up in this chapter. 6.2. The Fundamental Norm of the Legal System The fact that Allah alone is the source of all laws indicates to us the fundamental rule or norm of the Home Page Islamic legal system.2 The other rules of the legal system are all referred to, or checked against, this norm for their validity. The fundamental norm is repeated several times each day by every Muslim. It is Title Page contained in the declaration: “There is no god, but Allah, and Muh.ammad is the Messenger of Allah.” As the Muslim is ready to accept the laws of Allah, he will accept only those laws that were revealed through His Messenger. The revelation granted to the Messenger is in the form of the Qur’ān. Once this is JJ II accepted, we find that the Qur’ān itself declares the Sunnah of the Apostle of Allah to be a source of laws. Some say that the Sunnah is itself a form of revelation, that is, revelation in meaning alone as compared The idea of the fundamental norm or grundnorm was introduced into legal philosophy by Hans Kelsen, the German legal philosopher. He tried to present a concept of law that was different from the one presented by John Austin. Austin had Go Back stated that law is the command of the sovereign enforced under threat of sanctions. In other words, a valid law is a command of the sovereign. Kelsen, on the other hand, stated that each law in a state, in order to be valid, must conform Full Screen with a basic rule or norm, and in a modern state, he said, such a a norm is provided by the constitution. Thus, the fundamental norm is that each law must conform with the constitution in order to be valid. Kelsen’s theory was employed Close in Pakistan in cases related to the imposition of martial law as well as other matters related to the Objectives Resolution. The idea of the grundnorm has, therefore, figured prominently in case law. The Objectives Resolution is now part of the Quit Constitution of Pakistan as article 2A. The impact of this article is that all laws must conform with the injunctions of the Qur’ān and the Sunnah. to the Qur’ān, which is revelation in both word and meaning. Starting from the other end, the Muslim may say: • I am ready to obey such and such law as it has been communicated to me by a qualified jurist. • I follow the opinion of the jurist as it is in conformity with the sources of Islamic law. • I obey a law based on the sources as they are the sources revealed to Muh.ammad. I obey Muh.ammad for he is the Messenger of Allah, and • I believe in Allah. In this way the validity of all laws is traced to Allah. This basic norm or rule does two things. First, it provides a standard or criterion with which we can judge whether or not a law is valid law. Second, it creates for each Muslim an obligation or duty to obey the law. A subject of an Islamic state does not have Home Page to look for some external rule of morality or justice for his duty to obey the law. 6.3. The Law and the Interest of Man Contents Has the Lawgiver laid down laws in the interest (mas.lah.ah) of Man? If this is true, can the interest of Man JJ II be an independent source of laws? Is Man free to determine his own interest, or is it predetermined by the Lawgiver? These questions have always been at the forefront of Islamic legal theory. The answers form J I the basis of the principle of istis.lāh. that seeks to secure the interests (mas.ālih.) preserved and protected Page 79 of 433 by the Islamic legal system. This issue is extremely important for ijtihād and the framing of new laws in the present times. The reason is that in the absence of a direct and express evidence in the Qur’ān and Go Back the Sunnah, laws are to be framed in the light of the interest (mas.lah.ah) of Man as determined by the Lawgiver. The majority of the Muslim jurists agreed that the Lawgiver lays down laws in the interest of Man. Close There have been some voices against it too, notable among them being the objections of the illustrious Imām al-Rāzı̄ (d. 606). He gave extremely powerful arguments against this idea.3 Al-Rāzı̄ did concede Quit See al-Rāzı̄, al-Mah..sūl fı̄ ‘Ilm Us.ūl al-Fiqh, vol. 5, 168–180. though that whenever we consider the laws and the interests of Man, we find them lying side by side, or existing together, yet we cannot establish a causal relationship between them, that is, the laws are laid down because they serve the interest of Man. The problem may be explained in a simple way. 6.3.1. Is Man the sole purpose of creation? Take the case of a factory producing something. The sole purpose of the existence of this factory is the creation of a product. Every directive that is issued to the workers is intended to enhance the quality of this product or to create it on time, or to create a product that is more useful. The factory does not exist for the workers, but for the creation of that product. The effective production of goods, however, requires that the interest and welfare of the workers be kept in view, for that will lead to a better product. If the worker performs well he is rewarded or promoted, because he is in harmony with the process leading to the ultimate product. If he does not perform well, he will not be rewarded and may also be penalised for a breach of discipline. The factory does have laws to regulate the activity of the workers. These laws are laid down primarily to ensure an effective production of goods, though the laws may indirectly serve the Title Page interest of the worker. Is Man the final product of this universe created by Allah, or is the purpose of this universe something Contents larger, larger than Man? JJ II J I AîDK. Z AÒË @ Ð @ A®Êk Y @ ÑJK @ @ What! Are ye the more difficult to create or the heaven (above); (Allah) hath constructed it. Go Back [Qur’ān 79 : 27] If Man is the sole purpose, then, all laws must have been made to serve his interest. On the other hand, if the purpose of the creation of the universe is something other than Man as may be understood from the above verse, then, is Man in the position of the worker, a servant of Allah (‘abd Allah), who is to be Quit rewarded if he performs well and punished if he misbehaves? The laws in this case would appear to be lying side by side with the interest of Man, as al-Rāzı̄ maintains, because they are actually serving some larger purpose. Again, if Man is the sole purpose of the universe, the laws would be laid down to serve his interest alone. Thus, there would be a causal relationship between the laws and the interest of Man. In such a case, would he be called the vicegerent of Allah (khalı̄fat Allah)? Some jurists have conceded that it is proper to assign this title to Man, for the Qur’ān mentions it too, while others consider it as heresy and maintain that the reference in the Qur’ān is to some previous creation to which Man is a successor (khalı̄fah).4 The latter jurists prefer to use the title “vicegerent of the Messenger” or khalı̄fat al-Rasūl. The answers to these questions are known to Allah alone. That is where the jurists leave the discussion, and we should do the same. 6.3.2. Can we employ mas.lah.ah (interest) for new laws? Whichever approach we take on this issue it does not alter the decision on the interest of Man. There is some relationship between the interest of Man and the h.ukm of Allah. It does not matter if this is a causal relationship. The majority of the jurists, therefore, agree that mas.lah.ah or the interest of Man may be employed for the derivation of new laws. This in no case means that the Muslims are free to make Title Page laws in accordance with whatever they deem to be their interest. The interest of Man is determined by the Lawgiver Himself, and there is a determined methodology for identifying this. The jurists have taken Contents great pains to lay down this methodology in a way that the laws derived through it may still be termed JJ II as the ah.kām of Allah. It would not be an exaggeration to say that the key to the future development of Islamic law is through the doctrine of mas.lah.ah,5 as will be shown later in this book. J I 6.4. Are the Sharı̄‘ah and Natural Law Compatible? Can the ah.kām (legal rules) be discovered by human reason independent of the sources of Islamic law? This is a question that pertains to natural law or to the use of reason independent of the sharı̄‘ah. There Full Screen See e.g., Qamaruddin Khan The Political Thought of Ibn Taymı̄yah (Islamabad, 1973) 78 for a discussion of Ibn Taymı̄yah’s views on the subject. The intention behind the use of the word “doctrine” is to distinguish it from the narrower principle of mas.lah.ah, which is a form of extended analogy. have been heated debates among the early Muslim jurists over this issue, though the terminology used by them was different. The terms they used were h.asan (good) and qabı̄h. (bad or evil).6 Natural law has a very long history beginning in ancient thought and continuing right up to our times. The classical theory of natural law, as Hart puts it is that “there are certain principles of human conduct, awaiting discovery by human reason, with which man-made law must conform if it is to be valid.”7 It should be made clear that natural law has not always been associated with God, and even when it has been its basic assumptions have not been dependent upon a belief in God. Our discussion, however, pertains to a much restricted version of natural law in which belief in Allah as the Lawgiver and Master of the Universe is essential. Even in the West, the real developments in natural law came through the writings of Thomas Aquinas. Some of his views, it is acknowledged in the West, were based on the works of Ibn Sı̄nā and the Spanish jurist-philosopher Ibn Rushd (Averröes), especially his commentaries on Aristotle. To describe what we mean by natural law in this context, let us borrow a definition provided by John Austin. He says: Of the Divine laws, or the laws of God, some are revealed or promulgated, and others are unrevealed. Such of the laws of God as are unrevealed are not unfrequently denoted by following Title Page names or phrases: ‘the law of nature;’ ‘natural law;’ ‘the law manifested to man by the light of nature or reason.’ . . . Paley and other divines have proved beyond a doubt, that it was not the purpose of Rev- JJ II elation to disclose the whole of those duties. Some we could not know, without the help of Revelation; and these the revealed law has stated distinctly and precisely. The rest we may know, if we will, by the light of nature or reason; and these the revealed law supposes or Page 82 of 433 assumes. It passes them over in silence, or with a brief and incidental notice.8 Austin also says that these “unrevealed” laws are the only laws which God makes for that portion of Full Screen mankind who are excluded from the light of revelation.9 We may qualify Austin’s description of natural S.adr al-Sharı̄‘ah, al-Tawd.ı̄h., vol. 1, 32–33. H.L.A. Hart, The Concept of Law (Oxford, 1961), 182. Quit John Austin, Lectures on Jurisprudence (London, 1911) vol 1, 104. (Emphasis in the original). Austin, Lectures, vol. 1, 104. law by saying that these are laws that are to be discovered by mankind through reason prior to revelation, that is, before the arrival of the light of revelation amidst a particular community. Once revelation has come, such laws may only be discovered in the light of revelation, because revelation does not pass them over in silence; it indicates them through general principles. We are now ready to look briefly at some of the discussions of Muslim jurists. There was complete agreement among Muslim jurists about the meaning of the words of the Exalted, “The h.ukm belongs to Allah alone.” [Qur’ān 6 : 57] The Mu‘tazilah agreed with the majority that the source of all laws is Allah, but they disagreed with them about the identification and discovery of these laws prior to revelation. They maintained that reason can discover the laws of Allah, that is, the shar‘ı̄ ah.kām, in the absence of revelation. The Mu‘tazilah were not alone in holding these views and there were other sects who held the same or similar views, especially the Māturı̄dı̄s, some of whom were H . anafı̄s, though their views were slightly different. S.adr al-Sharı̄‘ah has the following to say: The term shar‘ı̄yah (legal according to Islamic law) includes all that would not have been known had Home Page the communication from the Law not been issued. This is irrespective of whether this communication pertained directly to a particular h.ukm or was issued in a manner that the h.ukm was dependent upon it, as in the issues based on analogical deduction. The rules for these too would be legal for had the Contents communication not been issued for the original case, the rule extended for analogy would not have been known either. This stipulation (of the term shar‘ı̄yah), therefore, includes the goodness (h.usn) JJ II and badness (qubh.) of all acts according to those who deny that this can be discovered through reason. Know that, in our view (H . anafı̄), and that of the majority of the Mu‘tazilah, the goodness of some acts as well as their badness can be discovered through reason, but in certain acts they cannot be Page 83 of 433 discovered and are dependent upon the communication from the Lawgiver. The first type of acts are not part of fiqh; they belong to the domain of ethics. The second type are part of fiqh and the Go Back definition of fiqh remains sound, comprehensive and precise (with the stipulation of the term shar‘ı̄ah) according to this view. According to al-Ash‘arı̄ and his followers, on the other hand, the goodness and badness of every act Close is known through the sharı̄‘ah (even those of purely moral acts) and all these acts would, therefore, be part of fiqh (according to the definition under discussion).10 Quit The Ash‘arites held the view that the laws of Allah can be discovered through revelation alone and there is no way in which reason can discover these laws. The basis of this disagreement is the debate over h.usn and qubh. or good and evil or right and wrong. The basic question was whether an act recognised by reason as good or right in itself became binding on the subject? Was he to act upon it even in the absence of revelation or prior to it? The Ash‘arites maintained that even if reason could identify such an act there was no obligation to obey it or act according to it, the sole criterion for right and wrong being revelation. An extreme view of the Mu‘tazilah appears to be that the laws of Allah must conform with reason, in fact, some of them appear to have gone so far as to say that it is binding upon Allah to lay down laws that conformed with reason. This was objected to by many as it amounted to restricting the attributes of Allah.11 The essential point in all this is whether reason can be used as a source of law for those things on which the sharı̄‘ah is silent? In other words, if something is not expressly prohibited or commanded by the Qur’ān and the Sunnah, can the law for such a thing be discovered through reason? The answer of Home Page the majority appears to be a clear “No!” This, however, does not mean that reason has no part to play in the discovery of laws in Islam. The Title Page requirement is that all reason and reasoning must proceed from the principles in the Qur’ān and the Sunnah. The process is the same in many other legal systems and judges are required to apply the general principles of law rather than those of natural law. The fundamental position of Muslim jurists is that JJ II there is no such thing as natural law outside the realm of the sharı̄‘ah on which we can rely as soon as we discover that a rule of law is not directly discoverable from the texts. Such a rule, they insist, needs to be discovered directly or indirectly from the principles of Islamic law, and not from some “ominous brooding Page 84 of 433 in the sky.”12 In the few issues discussed above, we have tried to examine some factors that can intrude upon Go Back the concept that the h.ukm belongs to Allah alone. This is a very important, interesting, and fertile area. Many conceptions of, and misconceptions about, Islamic law can be cleared up if they are discussed in the light of this concept. The conclusion we may draw is that a hukm or a rule of law in an Islamic state Close is only that injunction that has either been directly stated in the texts of the Qur’ān or the Sunnah or in See S.adr al-Sharı̄‘ah, al-Tawd.ı̄h., vol. 1, 345-47. A phrase used by Oliver Wendell Holmes for natural law. which the intention of the Lawgiver has been ascertained and verified through methods accepted as valid in Islamic law. The Act (Mah . kūm Fı̄h) The h.ukm shar‘ı̄, as stated earlier, has three elements, which interact with each other to give rise to Home Page liability and to the obligation to obey the law. The three elements of the h.ukm or a rule of law in the Islamic legal system are: the Lawgiver (H . ākim); the act to which the h.ukm is related (mah.kūm fı̄h, also referred to as mah.kūm bih); and the subject who performs the act (mah.kūm ‘alayh), that is, the person Contents who is under an obligation to obey the law. The first element has already been discussed. In this chapter, the second element will be examined briefly. JJ II The mah.kūm fı̄h is the act to which the h.ukm is related. The act is always the act of the subject if the J I communication from Allāh is related to this act by way of taklı̄f, that is, when it creates an obligation. If the communication (khit.āb) is related to an act by way of declaration, that is, through a secondary Page 86 of 433 rule, the act may or may not be the act of the subject.1 For example, when there is a command to pay the zakāt, the obligation it creates is linked to the act of the subject. On the other hand, when there is a command to fix the minimum nis.āb for zakāt, there is an obligation to obey a secondary rule (h.ukm Full Screen wad.‘ı̄), which is in the nature of a declaration supporting the imposition of zakāt. Muslim jurists discuss the mah.kūm fı̄h from two aspects: the conditions of taklı̄f and the nature of the Close act. Quit 7.1. The Conditions for the Creation of Obligation (Taklı̄f ) The jurists mention a number of conditions for the existence of obligation (taklı̄f ). A person acquires an obligation, and is placed under some kind of duty, when all these conditions are met. A few of the important conditions are noted here.2 7.1.1. The act to be performed or avoided must be known The first condition for the creation of an obligation is that the subject must be asked to perform a known act. There is no obligation to perform an unknown or uncertain act. The reason is that the subject has to conceive the act in his mind and usually formulate an intention for its performance. There is a tradition to the effect that the performance of acts is determined by the nature of the intention (Verily! The (nature) of acts is determined by intentions). The knowledge of the subject about the act here implies either actual knowledge or at least potential knowledge, that is, he should either be aware of the nature of the act Home Page or be in a position to find out about it either directly or indirectly. For knowledge about the nature of Title Page the act, the existence of the subject within the Islamic territory (dār al-Islām) is considered sufficient. Thus, the rule within the dār al-Islām is the same as that in law: “ignorance of law is no excuse even in a Contents layman.” Islamic law, however, makes an exception in the cases of shubhah fı̄ al-dalı̄l (doubt in the case of conflicting evidences).3 These are equivalent to mistake of law and mistake of fact in the positive law. There is a disagreement among the H . anafı̄s and the Shāfi‘ı̄s about the presence of the subject within J I the dār al-Islām for acquiring a legal obligation. It rests on whether the world is one with respect to the ah.kām of Allah or is divided into two worlds, that is, obligation exists where the Islamic state has Page 87 of 433 jurisdiction.4 Go Back For a systematic exposition of the conditions of obligation, see AlGhazālı̄, al-Mustas.fā, vol. 1, 53-54. Full Screen See S.adr al-Sharı̄‘ah, al-Tawd.ı̄h., vol. 2, 784–97. See al-Dabūsı̄, Ta’sı̄s al-Naz.ar, 67. Close 7.1.2. The subject should be able to perform the act The second condition is that the act should be such that it can be performed by the subject; it should not be an impossible act. The purpose of creating an obligation is to command the obedience of the subject. If the subject is not able to perform the act, the creation of the obligation becomes futile. This condition is split up into two sub-conditions: 1) there is no obligation to perform an impossible act; and 2) the performance of the act should be dependent on the will of the subject. The former case is obvious. The latter includes such acts that involve the subject’s inner emotions over which he may have little control. Thus, the tradition that requires the subject not to feel angry is not in the nature of an absolute command creating a binding obligation. It is more in the nature of a recommendation or an advice. The same would apply to a father loving some of his children more than the others, though he is not permitted to let this love interfere with his other legal obligations towards his children whom he is supposed to treat equally. Further, the ability to perform the act may be relative to the nature of the act. What, then, about acts in which hardship is excessive? The answer depends upon the act itself. For example, hardship involved Title Page during a journey while fasting is more than normal, and here the Lawgiver has provided relief. In other cases, where the act relates to a communal or collective obligation and has to be met by some persons and Contents not everyone, the act must be performed even with the accompanying hardship, as in the case of jihād. There are cases where the subject invokes the hardship himself, because of his eagerness to please the Lawgiver or for some other reason. Consider the case of the person who used to stand constantly under J I the sun while fasting. He was ordered to stay in the shade and to sit down to complete his fast. There were several other incidents like this during the period of the Prophet (p.b.u.h.).5 Page 88 of 433 7.2. The Nature of the Act (Mah.kūm Fı̄h) The structure of Islamic law, its classification, and the consequential obligations and duties, revolve around a set of rights. The classification of laws in Islam can generally be gleaned from the writings of H . anafı̄ jurists. Quit AlGhazālı̄, al-Mustas.fā, vol. 1, 53-54. Each act affected by an obligation creating rule (h.ukm taklı̄fı̄) is based on a right. There are three kinds of basic rights in Islamic law: the right of Allah, the right of the individual, and the rights of the individuals collectively or the right of the state. The third category of rights is mentioned rarely by jurists, because it relates to the area of law with which they did not deal directly. This is the area left to the ruler (imām). This kind of right is sometimes designated as the right of the ruler (h.aqq al-sult.ān)6 or as the right of the state (h.aqq al-salt.anah).7 Modern writers consider the right of Allah and the right of the state or that of the salt.anah to be the same thing, because both are related to social interests. A thorough analysis of the Islamic legal system shows, however, that the right of Allah is distinct and independent of the right of the state. This is of crucial significance in understanding the structure of Islamic law. In fact, when we use the term h.uqūq al-‘ibād in the plural we may mean the rights of individuals generally, or we may mean the collective rights of the individuals, that is, the rights of the community as a whole. In this latter sense, that is, the rights of the community, the implication should be the same as the rights of the state or salt.anah. Again, the rights of the state should not be merged with the rights of Allah. Home Page Once this has been understood, we may say that sometimes the right of Allah may coexist with the right of the individual. In these cases, it is either the right of Allah that is predominant or it is the right Title Page of the individual that is at the forefront. This gives rise, in all, to the following kinds of rights: 1. The right of Allah (h.aqq Allah— é<Ë @ k ). JJ II 2. The right of the individual (h.aqq al-‘abd — YJ.ªË @ k ). J I 3. The right of Allah lying side by side with the right of the individual. These are of two types: Page 89 of 433 (a) Those in which the right of Allah is predominant. Go Back (b) Those in which the right of the individual is predominant. 4. The collective rights of the individuals or of the community, also referred to as h.aqq al-salt.anah or h.aqq al-sult.ān. See Ibn Rushd, Bidāyat al-Mujtahid, vol. 2, 303. See al-Māwardı̄, al-Ah.kām al-Sult.ānı̄yah, 237–38. Right of Allah Mixed Right of Allah Predominant and the Individual Right of Individual Predominant Right of the Single Individual Right of The classification of rights is of great significance in understanding the structure and operation of Islamic law. There are many practical consequences attached to these rights. It is said that where there is a right there is a corresponding duty. The Muslim jurists also deal with duties with reference to rights. The classification of laws on the basis of rights is explained below. Title Page 7.3. Classification of the H . ukm Taklı̄fı̄ on the Basis of Rights The proper classification of laws was first provided by the H . anafı̄ jurists including al-Sarakhsı̄. The majority of the jurists classified laws under the heading of mah.kūm fı̄h or the act to which the h.ukm is J I related. Under the heading of the h.ukm shar‘ı̄, they give an account of the obligations arising from the operation of the act in relation to the h.ukm. Al-Sarakshsı̄ combined the two. It is in this combined form that the subject is approached here. Go Back Al-Sarakshsı̄ says that all ah.kām are divided into four kinds of rights.9 These are further subdivided Al-Sarakhsı̄, Kitāb al-Us.ūl. See the last chapter in vol. 2. The classification of the rules within the category of the right of the state is left by the jurists for the imām, who is theoretically a full mujtahid. The ruler may decide how the rights of the state are to be classified in accordance with his ijtihād and his times. The calssification of the right of state may, therefore, vary in different ages. Al-Sarakhsı̄, Us.ūl, vol. 2, 332; S.adr al-Sharı̄‘ah, al-Tawd.ı̄h., vol. 2, 729 passim. 1. Rules that relate to the right of Allah alone. These are of eight kinds: • Pure Worship. The first of these is belief in Allah or ı̄mān. The second is prayer. The third is zakāh. The fourth is fasting (s.awm). The fifth is h.ajj. The sixth is jihād. There are other acts of worship associated with the above like ‘umrā and i‘tikāf (seclusion in a mosque for worship). • Pure punishments. These are the h.udūd penalties that have been instituted as deterrents, as a pure right of Allah. • Imperfect punishments. The example of this type is prevention from inheritance in case of murder, that is, the murderer cannot inherit from the victim. • Those vacillating between a worship and a penalty. These are the kaffārāt, that is, expiation made for different reasons. • Worship in which there is an element of a financial liability. The example for this is .sadaqat al-fit.r, which is a payment made before the ‘Īd following Ramad.ān. • Financial liability in which there is an element of worship. This is like ‘ushr, the ten percent charge levied on the produce of land. Title Page • Financial liability in which there is an element of a punishment. The example given by al- Sarakhsı̄ is that of the kharāj tax. Contents • Those that exist independently. These are three: those laid down initially as a rule; those that JJ II are imposed as an addition to a rule; and those that are associated with the initial rule. The examples of these are the khums levied on cattle, minerals, and treasure-troves. J I 2. Rules in which the right of Allah and the right of the individual lie side by side, but the right of Allah Page 91 of 433 is predominant. These are like the the h.add of qadhf. It is to be noted that for the Shāfi‘ı̄ jurists this is a pure right of the individual. 3. Rules in which the right of Allah and the right of the individual lie side by side, but it is the right Full Screen of the individual that is predominant. For this category the example is qis.ās. or retaliation for bodily injuries or culpable homicide amounting to murder. 4. The last category is that of rules affecting the right of the individual. This category includes almost Quit everything that is not included in the above categories and is beyond reckoning. The important point to consider is that al-Sarakshsı̄ does not mention ta‘zı̄r or discretionary penalties. The reason is that the discretionary penalties fall within the category of the right of the individuals, when these are considered collectively, that is, they are the right of the state. The H . anafı̄ jurist al-Kāsānı̄ clearly states that all ta‘zı̄r relates to the right of the individual. The Shāfi‘ı̄ jurist al-Māwardı̄ has caused some confusion by stating that some ta‘zı̄r penalties fall under the right of Allah.11 Al-Māwardı̄’s statement leads to analytical inconsistencies. Some later H . anafı̄ jurists have also given confusing opinions on the issue. For our purposes, we adopt the more reliable H . anafı̄ view. The classification given above pertains to obligation-creating rules and shows how each type of law is linked with a right, which is either a right of Allah, or the right of the individual, or the right of both. The most important thing to remember, however, is that each act to which a h.ukm is related must be assigned a specific right or combination of rights. Each act, therefore, must be a right of Allāh, or the right of the individual, or a combination of the two. In the classification provided by jurists, the right of the salt.anah is not mentioned, because the further sub-classification of this right is left to the ruler. It Home Page should be obvious, however, that all acts related to ta‘zı̄r offences, to taxes other than zakāt, and a host of other areas will all be affected by the right of the state, as distinct from the right of Allāh. Acts affecting Title Page the right of Allāh involve duties owed to Allāh alone, while the right of the state relates to obligations created by the state. Even the ruler or the state owes some rights to Allah. As the causes, consequences, and conditions affecting the right of state vary with the passage of time, the fuqahā’ saw no need to issue JJ II permanent rulings for them. 7.4. Classification of Duties: Original and Substitutory Page 92 of 433 Each right has a corresponding duty. A right is secured when the subject who owes the duty brings about Go Back the required act, that is, performs the duty owed by him. Muslim jurists say that each duty has an original form (as.l ) and a substitutory form (khalaf ). For example, performance of prayer is a duty that flows out Al-Kāsānı̄, Badā’i‘ al-S.anā’i‘, vol. 7, 65. He makes this statement while explaining how ta‘zı̄r is proved. Al-Māwardı̄, al-Ah.kām al-Sult.ānı̄yah, 236. This is not to say that his statement is incorrect. In fact, in the Shāfi‘ı̄ school Quit to which he belongs, even the h.add of qadhf is a right of the individudal. He includes other penalties within the h.udūd, like the refusal to pay debts, and considers them the right of the individual. Ibid. 223. of a right of Allah requiring it. The condition for its performance is ablution (wud.ū’ ) with water, which also becomes a duty as it completes a wājib. If the subject fails to perform this duty, because he cannot find water, the Lawgiver provides a substitute in the form of clean soil. In the case of qis.ās. (retaliation), it is the duty of the ruler or the state to subject the offender to qis.ās.. If this is not possible for some reason, the state has to ensure the recovery of compensation in money as a substitute (badal sulh. or diyah). Some writers, following Abdur Rahim, have called this a classification of rights: original and substitu- tory rights. This is possible, because where there is a right there is a duty. It is suggested, however, that it is better to focus on performance and duties, otherwise some confusion may be created. This can be seen from the example of retaliation above. Qis.ās. is claimed by the state as a mixed right of Allah and the individual (the heirs of the victim). When qis.ās. is not possible monetary compensation is substituted. Is the right of Allah replaced by the right of the individual here during substitution? The question is answered when we think in terms of duties. Thus, when we speak of original and substitutory rights, we may not be speaking of the original claimants of these rights. Home Page The rule for substitutory duties is that they cannot be performed unless the original duty has been created and cannot possibly be performed. Title Page 7.5. Human Rights and Other Classifications It is possible to classify rights in other ways in Islamic law. One such classification can be seen in the public and private interests into which the maqās.id al-sharı̄‘ah or the purposes of Islamic law are divided. It is from this classification that human rights recognised by Islamic law are also derived. The division Page 93 of 433 into public and private interests is discussed briefly under the topic of mas.lah.ah in the next part of this book. Go Back The question has to be answered is whether Islamic law recognises certain natural rights or whether it looks at rights granted by the sharı̄‘ah alone. These two types of rights would be different from the rights granted and taken away by the state. In fact, the state it appears has a limited role to play in the Close granting of rights. This means that if the rights are given by the sharı̄‘ah, they can only be taken away by the sharı̄‘ah. In such a case, the rights will exist whether or not they are stated in the constitution of a Muslim state. The courts will have to enforce these rights under all circumstances and no emergency can justify the suspension of such rights. Yet, more research is needed to develop the theory of these rights. The Subject (Mah . kūm ‘Alayh) The subject or the mah.kūm ‘alayh forms the third element of the h.ukm shar‘ı̄. He is the person whose act Home Page invokes a h.ukm, or a h.ukm requires him to act in a prescribed manner. In legal parlance, he is known as the mukallaf (subject). A mukallaf is a person who possesses legal capacity, whether he acts directly or through delegation of authority. Contents The first requirement for legal capacity is the ability to understand the communication that creates the obligation.1 In addition to this, there are a number of other conditions that must be fulfilled before JJ II the law can operate against or for a person. These conditions are all related to legal capacity, known as J I ahlı̄yah in juristic terminology. This topic is important for understanding Islamic law generally, but it has special significance for criminal law and the law of contract. All the general defences, for example, Page 95 of 433 under criminal law are covered under this topic. Further, possession of contractual capacity is an essential element of each contract. 1 Full Screen This does not mean understanding the texts directly. 8.1. Ahlı̄yah or Legal Capacity The literal meaning of the word ahlı̄yah ( éJ Êë @) is absolute fitness or ability.2 Ahlı̄yah is “the ability or fitness to acquire rights and exercise them and to accept duties and perform them.”3 This meaning indicates two types of capacity: one based on the acceptance or acquisition of rights and the other on the performance of duties. These are called ahlı̄yat al-wujūb and ahlı̄yat al-adā’ or the capacity for acquisition (of rights) and the capacity for execution or performance of duties.4 Capacity for acquisition enables a person to acquire both rights and obligations, while capacity for execution gives him the ability to exercise such rights and perform his duties. In the opinion of some jurists, the term dhimmah also means the ability to acquire rights and obliga- tions. The majority of the jurists consider dhimmah to be an imaginary container or receptacle that holds both the capacity for acquisition and the capacity for execution. It is the location or place of residence for the two kinds of capacity. In short, dhimmah is the balance-sheet of a person showing his assets and Home Page liabilities, in terms of his rights and obligations. Title Page In Islamic law, dhimmah is deemed a requisite condition for the existence of ahlı̄yah. According to al-Sarakhsı̄, dhimmah is the “trust” that was offered to the mountains, but they refused; Man accepted Contents it.5 Thus, dhimmah is an attribute conferred by the Lawgiver. It is a trust resulting from a covenant (ahd ).6 The fact that dhimmah is a covenant between the Lawgiver and the ‘abd (subject) means that dhimmah can be assigned to a natural person alone. In Western law, the term dhimmah conforms with J I “personality,” which is an attribute conferred on a natural person.7 For a lucid discussion of legal capacity see al-Sarakhsı̄, Us.ūl, vol. 2, 232 passim; see also S.adr al-Sharı̄‘ah, al-Tawd.ı̄h., vol. 2, 751 passim; al-Ghazālı̄, al-Mustas.fā, vol. 1, 53–54. Go Back ‘Abd al-‘Azı̄z al-Bukhārı̄, Kashf al-Asrār ‘an Us.ūl Fakhr al-Islām al-Bazdawı̄, vol. 4 (Beirut: Dār al-Kutub al-‘Ilmı̄yah, 1997), 335. Ibid.; al-Sarakhsı̄, Us.ūl, vol. 2, 233; S.adr al-Sharı̄‘ah, al-Tawd.ı̄h., vol. 2, 751. Al-Sarakhsı̄, al-Us.ūl, vol. 2, 333; ‘Abd al-‘Azı̄z al-Bukhārı̄, Kashf al-Asrār, vol. 4, 335–38. Al-Sarakhsı̄, al-Us.ūl, vol. 2, 333; S.adr al-Sharı̄‘ah, al-Tawd.ı̄h., vol. 2, 751–53. For a detailed discussion of this issue, see Imran Ahsan Khan Nyazee, Islamic Law of Business Organization: Corporations (Islamabad: International Institute of Islamic Thought and Islamic Research Institute, 1997). ‘Abd al-‘Azı̄z al-Bukhārı̄ 8.2. The Underlying Bases of Legal Capacity Legal capacity, as stated, is of two types: ahlı̄yat al-wujūb and ahlı̄yat al-adā’. Ahlı̄yat al-wujūb is defined as the ability of a human being to acquire rights and obligations.8 It may, therefore, be referred to as the capacity for acquisition. Manāt is a thing from which another thing is suspended. The manāt. or basis for the existence of the capacity for acquisition is the attribute of being a human or natural person (insānı̄yah).9 There is complete agreement among jurists that this form of capacity is possessed by each human being irrespective of his being a mukallaf. Capacity for execution, on the other hand, is defined as the “capability of a human being to issue statements and perform acts to which the Lawgiver has assigned certain legal effects.”10 The manāt. or basis of the capacity for execution is ‘aql (intellect) and (rushd ) discretion. ‘Aql here implies the full development of the mental faculty. As there is no definitive method for checking whether this faculty is fully developed, the Lawgiver has associated it with bulūgh or puberty. Thus, the presumption is that a pubescent person is assumed to possess ‘aql necessary for the existence of the capacity for execution. This Title Page presumption, however, is rebuttable, and if it is proved that though a person has attained puberty, he does not yet possess ‘aql, capacity for execution cannot be assigned to such a person. This is the view of the majority of the jurists. JJ II The H. anafı̄s acknowledge a deficient capacity for execution for purposes of some transactions for a person who has attained a degree of discretion, even if his mental faculties are not yet fully developed. Thus, J I a minor (s.abı̄) who possesses discretion may be assigned such a capacity, for the khit.āb of mu‘āmalāt.11 Again, there is no way here of determining whether the minor has attained discretion. The H . anafı̄ jurists have, therefore, fixed the minimum age of seven years for assigning such a capacity; anyone over seven Go Back says something similar: “If we enter into a compact with those who do not believe and grant them a dhimmah, they can Full Screen have rights and duties like those of the Muslims.” ‘Abd al-‘Azı̄z al-Bukhārı̄, Kashf al-Asrār, vol. 4, 336. It follows that dhimmah is a restricted form of legal personality granted to the dhimmı̄. Close “It is the capacity to follow the obligation (wujūb) in a h.ukm.” ‘Abd al-‘Azı̄z al-Bukhārı̄, Kashf al-Asrār, vol. 4, 335–38. Al-Sarakhsı̄, al-Us.ūl, vol. 2, 333; S.adr al-Sharı̄‘ah, al-Tawd.ı̄h., vol. 2, 751. See the next paragraph for its meaning. years of age who has not yet attained puberty may be assigned such a capacity. Accordingly, this type of capacity is divided into three kinds on the basis of the type of liability associated with an act: 1. Capacity for the khit.āb jinā’ı̄ or legal capacity for criminal liability. It is based on the ability to comprehend the khit.āb jinā’ı̄, ie, the communication pertaining to criminal acts. 2. Capacity for the khit.āb of ‘ibādāt or legal capacity for ‘ibādāt. It is based on the ability to understand the khit.āb of ‘ibādāt, ie, the communication from the Lawgiver pertaining to acts of worship. 3. Capacity for the khit.āb of mu‘āmalāt or legal capacity for transactions. It is based on the ability to understand the khit.āb of mu‘āmalāt, ie, the communication from the Lawgiver pertaining to the mu‘āmalāt. Two of these are civil and criminal liability, while the third is an addition because of religious law. The reason for separating the capacity for execution into these three types is to indicate that a person may, for example, be in possession of the capacity for transactions, but not the capacity for punishments. To Contents put it differently, all three kinds of capacity may be found in the person who is sane and a major, but one or more of these may be lacking in other persons. JJ II 8.3. Complete Capacity Muslim jurists divide legal capacity into three types: complete, deficient and imperfect. The terms kāmilah, nāqis.ah and qās.irah are used to distinguish between such capacities.12 Go Back Complete capacity for acquisition is found in a human being after his birth. This makes him eligible Full Screen for the acquisition of all kinds of rights and obligations. Complete capacity for execution is established for a human being when he or she attains full mental development, and acquires the ability to discriminate. This Close stage is associated with the external standard of puberty. The physical signs indicating the attainment of S.adr al-Sharı̄‘ah, al-Tawd.ı̄h., vol. 2, 755; al-Bukhārı̄, Kashf al-Asrār, vol. 4, 335. puberty are the commencement of ejaculation in a male and menstruation in a female. In the absence of these signs, puberty is presumed at the age of fifteen in both males and females according to the majority of the jurists, and at the age of eighteen for males and seventeen for females according to Abū H. anı̄fah. Attaining bulūgh (puberty) alone is not sufficient, however. For a person to acquire complete capacity for execution, in addition to puberty, the possession of rushd (discrimination; maturity of actions) is stipulated as well. The dalı̄l, or legal evidence, for this is the verse of the Qur’ān: Make trial of orphans until they reach the age of marriage; then if ye find sound judgement in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. [Qur’ān 4 : 6] This verse lays down clearly that there are two conditions that must be fulfilled before the wealth of orphans can be handed over to them. These are bulūgh al-nikāh. and rushd. The term rushd, according to the majority, signifies the handling of financial matters in accordance Home Page with the dictates of reason. The rashı̄d is a person who can identify avenues of profit as well as loss, and Title Page act accordingly to preserve his wealth. Rushd is the opposite of safah (foolishness), which implies waste and prodigality. Shāfi‘ı̄ jurists define rushd as maturity of actions in matters of finance as well as of dı̄n. Contents In their view, a person who has attained puberty and is adept in dealing with financial matters cannot be called rashı̄d, unless he obeys the ah.kām of the sharı̄‘ah in matters of ‘ibādāt as well. A person, then, is eligible for taking over his wealth if he is both a bāligh and a rashı̄d. This is the J I general view. Abū H . anı̄fah, however, maintains that a person who attains the age of twenty-five years, must be delivered his property irrespective of his attaining rushd. In addition to this, he maintains that Page 99 of 433 if a person attains bulūgh and rushd and is given his property, but subsequently loses his rushd, while Go Back yet under twenty-five, he cannot be subjected to interdiction (h.ajr ). Abū H . anı̄fah appears to be giving preference to life and freedom of the individual over his wealth in these cases.13 The majority of the Full Screen jurists (jumhūr ) subject a person to interdiction if he has not attained rushd or even when he loses it subsequently, irrespective of his age. This view appears to be in line with the priorities determined within the maqās.id al-sharı̄‘ah. On attaining complete capacity, an individual comes within the purview of the different kinds of khit.āb. He, therefore, becomes liable to punishments because of the khit.āb jinā’ı̄ being directed towards him, just as he becomes liable because of the khit.āb of transactions and ibādāt. 8.3.1. The stages leading to complete legal capacity The conditions laid down by the H . anafı̄ jurists indicate that there are three stages through which an individual passes with respect to his capacity for execution. 1. The first stage is from birth till the attainment of partial discretion, which is considered to be the age of seven years. During this period, the child is assumed to lack ‘aql and discretion completely, and is ineligible for the assignment of a capacity for execution. 2. The second stage commences from the age of seven and continues up to actual puberty or the legal age of puberty, whichever is earlier. Deficient capacity for execution is normally assigned during this stage, as the individual possesses a certain amount of ‘aql and discretion. Title Page 3. The final stage commences from actual physical puberty or the legal age determined for it, whichever is earlier. On reaching this age the individual is assigned complete capacity for execution, and becomes eligible for each kind of khit.āb. An exception arises in the case of safah and the individual JJ II may be placed under interdiction for some time. Rushd (discretion) is a condition for attaining this stage, in addition to puberty. J I 8.4. Deficient and Imperfect Capacity Deficient capacity is assigned in cases where the manāt or basis of legal capacity is not fully developed. Thus, a person may not have been born as yet or he may not have reached full mental development. In other cases, the attribute of being a human may be missing altogether. Close Imperfect capacity is assigned in cases where the bases of capacity, being a human and possession of discretion, are present, but an external attribute has been introduced that does not permit the recognition of the legal validity of certain acts. Deficient and imperfect capacity is understood through the study of different cases falling under each. A brief look at these cases follows. 8.4.1. Cases of deficient legal capacity 8.4.1.1. The unborn child (janı̄n) Deficient or incomplete capacity is established for an unborn child or the foetus (janı̄n).14 Deficient capacity implies that only some rights are established for the janı̄n and no obligations are imposed on it. The reason is that the janı̄n is considered part of the mother in some respects. Thus, it is set free with the mother and is also sold as a part of her (in the case of the umm al-walad ). An independent personality is, therefore, not assigned to it. In other respects, the janı̄n enjoys a separate life and is preparing for separation from the womb. Its personality is, therefore, considered deficient or incomplete. By virtue of this deficient capacity, the janı̄n Home Page acquires certain rights: freedom from slavery, inheritance, bequest, and parentage. On the other hand, the janı̄n cannot be made liable for the satisfaction of rights owed to others. A purchase made by the would-be walı̄ (guardian) on behalf of the janı̄n cannot make the janı̄n liable for the payment of the price. Contents Likewise, the maintenance of close relatives and the membership of the ‘āqilah cannot be enforced against the janı̄n. Once the child is born, these rights can be enforced against it, but not when the obligations JJ II were acquired during the gestation period. 8.4.1.2. Capacity of a dead person Page 101 of 433 A deficient capacity for acquisition is also assigned to a dead man or to a corpse. Thus, amounts due on Go Back account of debts, bequest, and funeral expenses are taken from the wealth of the dead man. For example, if a person had thrown a net into the water immediately before his death, the fish caught in the net after the person’s death belong to him. Likewise, if he had dug a pit before his death with the intention of Close trapping someone in it, then the diyah due as a result of someone falling in it is to be recovered from such a person’s wealth. Further, any compensation due for property destroyed by acts commencing before his Quit Al-Sarakhsı̄, al-Us.ūl, vol. 2, 333–34. death shall be recovered from his property. As in English law, the estate of the deceased is not assigned legal personality. The Roman law and the French law do assign a personality to the estate.15 8.4.1.3. Capacity of a fictitious person. Modern Muslim writers being faced with the need to acknowledge the existence of a fictitious personality, as it forms the basis of the present socio-legal structure, have claimed that such a concept does exist in Islamic law. They rely for this on instances like waqf, bayt al-māl, and the estate of the deceased. These assertions seem to be misplaced. Islamic law as expounded by the jurists does not acknowledge the concept of a fictitious person.16 It will be found to clash with the provisions of this law, whether the area is that of contracts, h.udūd, or constitutional law. In other words, the idea of a fictitious person is incompatible with Islamic law as expounded by the jurists. This does not mean that the jurists were not aware of the concept. They were aware of it, but did not acknowledge it for Islamic law. The main reason appears to be that dhimmah is an ahd (covenant) with the Lawgiver, and a fictitious person cannot be expected to enter into such a covenant primarily Title Page because it cannot perform religious duties. In other words, the law derived by the jurists does not need this concept and will reject it. Nevertheless, the modern world is organised around the concept Contents of the corporation or the fictitious personality. Modern scholars will, therefore, have to work hard to JJ II accommodate this concept into the fold of Islamic law. This means that adjustments will have to be made in the law wherever this concept clashes with it. The fictitious person may be deemed to have deficient J I capacity that is not fit for the performance of religious duties, like the payment of zakāt. It is important to note that justifying the legal validity of a fictitious legal personality under Islamic law may not be very difficult if the general principles of this law are applied. It is what comes after such Go Back justification that is important. Take the case of the state. When we admit the state as a person within Islamic law a number of traditional concepts prevalent within Islamic constitutional law appear to need Full Screen alteration. For instance, the state owns all the land within its territory. The stipulations regarding revival Close See Salmond, Jurisprudence, 351. Quit This issue has been discussed at great length in the author’s Islamic Law of Business Organization: Corporations. We, therefore, do not feel the need to go into the details here. of barren land (ih.yā’ al-mawāt) become meaningless, because the primary condition is that only that land can be revived that is not owned by anyone. Here all the land is owned by the state as a person, and this excludes the possibility of any revival. Yes, the state may grant land to landless peasants, but that is not the issue here; here we are talking about the clash of concepts. Further, Islamic law contemplates a personal relationship between the head of the state or the chief executive and between the members of the community, that is, the relationship is governed by contract of wakālah (agency) where the head of state is an agent of the citizens. When the state intervenes, these relationships are altered. In the case of corporations, when the juristic person steps in, the traditional concepts of sharikah lose their significance. In short, what we mean is that accepting this concept is not a question of saying “yes” or “no,” a number of changes will have to be made to the existing Islamic law of contract, changes that may wreck its whole structure and violate the fundamental principles upon which it is based. 8.4.1.4. Capacity of the minor (s.abı̄) Home Page A child possesses a complete capacity for acquisition of rights and obligations, but until he attains the Title Page age of actual or legal puberty, he lacks the capacity for execution. To facilitate matters, this child is made liable by the sharı̄‘ah only for those obligations that he can meet. Contents Deficient capacity for execution is assigned to a non-pubescent who possesses some discretion, or to a JJ II ma‘tūh who has attained puberty yet lacks complete mental development. The person who possesses deficient capacity is not subject to the khit.āb jinā’ı̄; he cannot, therefore, J I be held criminally liable. The minor, however, is subjected to ta’dı̄b (discipline)—the reason being that the khit.āb jinā’ı̄ is applicable to that person alone who comprehends the khit.āb fully. This is based on the principle of legality in Islamic law. Go Back With respect to the ‘ibādāt, there are detailed discussions whether the khit.āb is addressed to the .sabı̄ and ma‘tūh by way of nadb (recommendation) or khiyār (choice), or whether it is addressed to them at Full Screen all. There is no dispute that there is reward (thawāb) for such a person for the performance of the ‘ibādāt. Close The H . anafı̄s treat the issue of legal capacity of the minor in a somewhat different way. Our major concern here is for the capacity of such a person for the purpose of transactions. Quit 1. Financial transactions are established against the dhimmah of the .sabı̄. Though he cannot meet them personally due to the absence of the capacity for execution, the Lawgiver allows his walı̄ (guardian) to stand in his place and represent him through a substitutory duty. The .sabı̄ is also liable for any damage caused to another’s property, and for the maintenance of his wives and near relatives. He is also liable, except in the opinion of the H. anafı̄ school, for the payment of zakāt. All financial transactions are divided into three types for determining the liability of the discriminating minor.17 (a) Purely beneficial transactions. The transactions falling under this category are the accep- tance of a gift or of .sadaqah. These are allowed to the person who has not attained puberty, but who can discriminate and has been permitted by his walı̄ (guardian) to exercise such acceptance. (b) Purely harmful transactions. The granting of divorce, manumission (‘itq), charity (s.adaqah), loan (qard.),18 and gift (hibah), as well as the making of a trust (waqf ) and bequest (was.ı̄yah) are considered transactions resulting in pure financial loss. These are not permitted to the .sabi mumayyiz (discriminating minor). Home Page (c) Transactions vacillating between profit and loss. Sale, hire, partnership, and other such transactions are considered valid if ratified by the walı̄. Title Page 2. Criminal liability does not exist in the case of a person who has not attained puberty, because he is not a mukallaf, and the walı̄ cannot stand in his place for criminal offences: punishments being JJ II deterrents for the offender himself and not for those who represent them. This, however, holds true as far as h.udūd and qis.ās. penalties are concerned; a child over seven may be liable to some suitable J I form of ta’dı̄b. Yet, this may not be interpreted to mean that a minor can be awarded penalties other than the h.udūd if he is over seven, as is done in the law. 3. The ‘ibādāt are not obligatory on the .sabı̄, as he does not possess the capacity for execution. Go Back Al-Sarakhsı̄, Us.ūl, vol. 2, 335; S.adr al-Sharı̄‘ah, al-Tawd.ı̄h., vol. 2, 762. S.adr al-Sharı̄‘ah states that a qard. may be given to a qād.ı̄ in his official capacity. S.adr al-Sharı̄‘ah, al-Tawd.ı̄h., vol. 2, 757. This may be interpreted to mean that a minor’s wealth may be invested in government securities. The reason why a qard. is considered a financial loss is because the minor will be deprived of the benefit of its use during the loan period. In qard. h.asan this use is gifted to the beneficiary, and gift by a minor is not valid. The deficient capacity granted to the discriminating minor by the H . anafı̄s is also granted to the ma‘tūh. The majority of the jurists (jumhūr ) oppose the H. anafı̄s and refuse to acknowledge any kind of capacity for the discriminating minor. They maintain that the communication (khit.āb) is not directed toward such a minor at all, and it is of no consequence whether the transactions are beneficial or harmful. In practice, however, we find young boys minding stores on behalf of their fathers, and often handling the transactions exceptionally well. 8.4.2. Cases of Imperfect Capacity Capacity for acquisition may be perfect or imperfect. Imperfect capacity is attributed to women and slaves. 8.4.2.1. Legal Capacity of a Woman A woman is said to possess imperfect legal capacity. Those who hold this view deny her the right to be Home Page the head of state, the right to be a qād.ı̄ (judge), and the right to testify in cases being tried under h.udūd and qis.ās. provisions. In addition to this, she does not have the right to divorce, like the right given to a man, she is given a share in inheritance that is equal to half the share of male heirs, and the diyah paid Contents in compensation of her death is half that of a man. These provisions have led certain Orientalists, like Joseph Schacht, to observe that in Islamic law “a woman is half a man.” Women who are struggling for JJ II the emancipation of women and the acceptance of their rights in Muslim countries have objected seriously J I to such a status granted to them. Demanding equality with men, they maintain that the status of women should be the same as that of men, by which they mean that their legal capacity should not be considered Page 105 of 433 imperfect or deficient in any way. The purpose here is not to argue from one side or the other, but to identify the legal issues involved. Reasons or solutions will become obvious once these issues are grasped. 8.4.2.1.1. Evidence of women. The most important issue appears to be that of the evidence of women. This is split into two sub-issues. The first is whether the evidence of women is excluded by the texts of the Qur’ān and Sunnah in cases of h.udūd? The usual answer given in reply is that the evidence of women is Quit excluded in such cases on the basis of the Sunnah, which is also a source of law. These are cases involving the right of Allāh. The approach to this issue is that somehow women have been deprived of a right. This is incorrect. Evidence in these cases, and in others too, is a duty and not a right. Women have been spared the burden of this duty. The purpose is to waive the penalty of h.add, which is usually an extreme punishment, and to show mercy to the accused in an indirect way. This, perhaps, is the intention of the Lawgiver. Related to this is a misconception that the offence of rape cannot be proved and punished with the evidence of one woman. It is true that h.add cannot be awarded upon the testimony of one woman, but that does not mean that no other punishment can be awarded to the rapist on the basis of such testimony. The ruler or the state has wide powers under the doctrine of siyāsah to award an equally stiff penalty. The Federal Shariat Court of Pakistan has ruled that this will be possible.19 The second sub-issue is about the evidence of two women being equal to that of one man. This requirement is derived from a verse of the Qur’ān, and is supported by the Sunnah. The details of this problem cannot be discussed here. It is suggested, however, that the scholars of this age may try to interpret the relevant verse of the Qur’ān as implying a recommendation rather than an obligation. It should be remembered again that rendering testimony is primarily a duty and not a right, though it leads Home Page to the protection of rights. 8.4.2.1.2. A woman’s share in inheritance. The next issue is whether it is justified in the present times Contents to give a woman half the share of a man. The answer is that the Qur’ān has laid down the law on this in explicit terms. The justification provided by scholars is that the Islamic legal system places a much JJ II greater financial burden on the male in terms of maintenance of his family and near ones. Such a burden has not been placed on a woman. Further, a woman is paid dower upon her marriage by the husband. This increases the financial liability for males. The argument from the other side may be that Islamic law, Page 106 of 433 like any comprehensive legal system, especially one that is a complete code of life, is to be applied as a whole, in toto, not in pieces. In such a situation, is it possible for a woman who is left all alone to go to a court of law and enforcing her rights ask her brother, uncle, or cousin to support her? It is obvious that Full Screen many such rights that the law provides her may not be enforceable today. Rashida Patel v Federation of Pakistan, PLD 1989 FSC 89. 8.4.2.1.3. Right to divorce. As to the question of a woman not having a right to divorce the husband, the jurists unanimously agree that such a right has not been granted to her directly. There are, however, provisions in the law like tafwı̄d., takhyı̄r and tamlı̄k through which she may be granted such a right at the time of the marriage contract, if she so desires. Perhaps, the rulers exercising their siyāsah jurisdiction may make this provision mandatory. 8.4.2.1.4. Diyah. In the case of diyah, the majority of the jurists hold that the diyah of a woman is half that of a man. This view is based on some traditions and a number of reports from the Companions. Taking into account the number of reports from the Companions, some of the jurists consider it to be a case of ijmā‘ (consensus of opinion). There are a few jurists, however, like Ibn ‘Ulayyah and Abū Bakr al-As.amm who maintain that the diyah of a male is equal to that of a female. They base their opinion upon the generality of a tradition from the Prophet reported by ‘Amr ibn H . azm: “For a believing person ( éJÓñÓ ®K) a hundred camels.” The generality of this tradition treats men and women equally. Few will Home Page disagree with the statement that women are working today and are equally efficient working members of the society. In fact, some of them may be earning more than men. In this issue, it is not the right of a woman that is involved, because the right to diyah belongs to the heirs, but it is a question of her status. Contents The new law of qis.ās. and diyah in Pakistan, therefore, makes no distinction between a male and female for purposes of diyah. 8.4.2.1.5. Judicial office and being head of state. According to the jurists, the reason why a woman cannot become a qād.ı̄ or judge is linked to the question of evidence. A qād.ı̄ can only hear cases in which he or she can also be an eligible witness. This is a qualification for the qād.ı̄. As a woman cannot be a witness Go Back in cases of h.add, she cannot be a qād.ı̄ for hearing the cases and passing sentence. The question of being a head of state depends on the same reasoning. The primary duty of a head of state is the implementation Full Screen of h.udūd (iqāmat al-h.udūd ), which again requires the qualification of a witness for such cases. A woman is, therefore, considered ineligible for the job. In Pakistan, women judges today are deciding cases under the h.udūd laws. Quit 8.4.2.2. Slaves The slave does not possess the right of ownership, but he does have a capacity for acquiring obligations pertaining to ‘ibādāt, and for criminal offences.20 Some might observe that slavery no longer exists, so why do we have to study examples that mention slaves? The answer is that a number of legal principles explained by the jurists may fall under this topic. To understand these principles, the discussions of issues related to slavery are sometimes unavoidable. Some of these issues may pertain to human rights. Causes of Defective Legal Capacity The causes affecting capacity are found in those factors that prevent capacity for acquisition and capacity Home Page for execution from taking full effect. The existence of these factors may result in the total absence of capacity or in deficient or incomplete capacity. For purposes of the present discussion, we may refer to all such forms as defective capacity. Contents The manāt. (legal basis) for the capacity for acquisition, as we have said, is being a natural person (insānı̄yah), and it is death alone that can cause a change in this kind of capacity. We have seen, however, JJ II that under certain circumstances a corpse may have such a capacity. Reason (‘aql ) and discretion (rushd ), on the other hand, are the bases for the capacity for execution, and each factor that has the power to influence and affect the normal functioning of the human mind can become a cause for defective capacity. Page 109 of 433 It is pertinent to note that many of the causes of defective capacity mentioned here will appear to the reader to be the same as the general defences in criminal law, or as other grounds for waiver of liability in civil or ritual matters. Full Screen The jurists divide the causes of defective capacity into two kinds: natural causes (samāwı̄yah) and acquired causes (muktasabah). We may designate these as natural and acquired causes. Some of these Close causes have already been explained in the previous chapter, while discussing deficient and imperfect capacities of various persons: women, slaves, janı̄n (foetus), corpse, and fictitious persons. Some of these will not be repeated here, but can be classified under natural or acquired causes. 9.1. Natural causes of defective capacity These are causes that are beyond the control of the subject (mukallaf ), and result from an act of the Lawgiver and Creator. Under this heading, the jurists list ten causes: .sighar (minority); junūn (insanity); ‘atah (idiocy); nisyān (forgetfulness); nawm (sleep); ighmā’ (unconsciousness; fainting); riqq (slavery); marad. (illness); h.ayd. (menstruation); nifās (puerperium; post-natal state of woman); and mawt (death). We shall discuss a few of these here, the rest are either obvious or have a greater bearing on ‘ibādāt. 9.1.1. Minority (s.ighar ) It is the state or condition of a human being after birth and before puberty. This, in fact, is not a cause of defective capacity or even an obstacle in its way, but a necessary stage in the growth of the human being. It is considered as a cause for noting its effect upon capacity or ahlı̄yah. • Minority does not affect capacity for acquisition or ahlı̄yat al-wujūb. All rights and obligations are acquired as their establishment requires merely a dhimmah and the manāt. (being a natural person), which is the basis for the capacity for acquisition. Minority does not oppose this manāt.. The jurists, Contents therefore, maintain that the minor is liable for compensation of property destroyed by him, for goods and services bought, for maintenance of relatives, and also for zakāt according to some. JJ II • Capacity for execution or ahlı̄yat al-adā’ requires ‘aql (reason) for its fulfilment, and this the non- J I discriminating minor (s.abı̄ ghayr mumayyiz ) lacks, because he does not understand the khit.āb. He is, therefore, not liable for the ‘ibādāt, for financial transactions, or for punishments. The H . anafı̄s make an exception in the case of the .sabı̄ mumayyiz or one who has attained some discretion. The ‘ibādāt Go Back of such a minor are rewarded in the Hereafter, and it is a matter of controversy whether the khit.āb of targhı̄b or recommendation is addressed to him. He is not liable for punishments, but financial Full Screen transactions undertaken by him are valid in certain cases. Transactions that are purely harmful for such a minor, like donating his property, have no legal effect. Transactions that are purely beneficial or those that are evenly balanced between profit and loss are allowed, with the prior permission of Quit the guardian or his subsequent ratification. The position of the .sabı̄ mumayyiz may be compared with the contract for necessaries by a minor under sections 11 and 68 of the Pakistan Contract Act. The freedom allowed to the .sabı̄ mumayyiz by the H. anafı̄s is much wider than that under the law. In other countries, the contracts of a minor may be considered valid with an option for the minor to rescind the contract and return the property. 9.1.2. Insanity (junūn) Junūn has no effect on ahlı̄yat al-wujūb, because rights and obligations are established for and against an insane person, who is deemed liable for itlāf (destruction of property), payment of diyah, and the like.1 The manāt. of such a capacity is insānı̄yah, and the majnūn is a human being. Junūn, however, completely negates the ahlı̄yat al-adā’, because of lack of ‘aql. The insane person, therefore, has no liability for ‘ibādāt or punishments, and all his transactions are void. While the fuqahā’ consider insanity as effective in negating the capacity for performance they do not describe the meaning of insanity in detail. In Pakistan, section 84 of the Pakistan Penal Code appears to follow what are called the M’Naghten Rules for insanity in England. These rules have been criticized by lawyers as well as doctors as being inadequate. A number of other tests have also been devised, like the Title Page “irresistable impulse test,” the “Durham test,” and the “American Law Institute or Model Penal Code test.” It is suggested here that Muslim scholars need to explore these issues in some depth. They may Contents either accept the tests devised in different countries or devise some new tests. The same holds true for JJ II idiocy and death illness. Such questions must be answered on the basis of emprirical evidence. 9.1.3. Idiocy (‘atah) It is a state in which a person at times speaks like a sane and normal person, while at others he is like a madman.2 It is also described as a state in which a grown-up has the mind of a child. The capacity of an idiot is deemed equivalent to that of a .sabı̄ mumayyiz, who can be permitted by his guardian to undertake Full Screen some transactions. Ibid., vol. 2, 762. Quit 9.1.4. Sleep and fits of fainting (nawm, ighmā’ ) Sleep and fits of fainting have relevance for purposes of ‘ibādāt, as well as for crimes and torts.3 They do not affect ahlı̄yat al-wujūb, because the attribute of insānı̄yah is intact. Persons in such a condition, however, do not understand the khit.āb. Their capacity to understand things is temporarily affected and prevented from normal functioning. The liability for missed ‘ibādāt lingers against such a person and these have to be performed as qad.ā’ (delayed performance). There is no liability for punishments and transactions. If a person, while sleeping, falls on a child during sleep and kills it, there is no liability for punishment, but compensation is another matter for which there may be strict liability.4 9.1.5. Forgetfulness (nisyān) This is a state in which a person is not very careful about things though he has full knowledge of them, as distinguished from sleep and fits of fainting in which such knowledge is lacking. Forgetfulness does not Home Page affect ahlı̄yat al-wujūb nor does it affect the capacity for execution. The khit.āb, however, becomes operative as soon as the person remembers. Transactions undertaken by such a person are valid and enforceable against him. Contents 9.1.6. Death-illness (marad. al-mawt) JJ II This is a condition in which the mind of a sick person is dominated by the fact that he will die because of J I his illness.5 It is of no consequence whether the person actually dies from this illness or from something Page 112 of 433 else and whether the illness is in fact a terminal illness. Two conditions must be met before an illness may be declared a death-illness: Go Back Ibid., vol. 2, 763–64. Full Screen This means that loss of life has to be compensated anyway, irrespective of intention to harm. In traditional Islamic law, the burden in such cases is placed upon the ‘āqilah, which is the tribe or group with which an individual is considered to Close be associated. For the details see S.adr al-Sharı̄‘ah, al-Tawd.ı̄h., vol. 2, 778 passim. Quit • The deceased person must be convinced that he is approaching death, irrespective of the nature of the disease. Diseases like common colds and headaches, however, are not taken into account for such purposes. Some jurists associate other circumstances with this state, like a person on a ship that is caught in a storm, or like a person facing a death sentence. • Death should follow such a conviction, even if it is not caused by the feared illness. • Some jurists stipulate a third condition here by saying that death must occur within one year of the commencement of illness, because any period above this would mean that the person is accustomed to his illness and that the fear of death is remote. Marad. al-mawt (death-illness) has no affect on the capacity for acquisition or on the capacity for execution, and it is in fact a condition of taklı̄f, because it is the capacity to perform an act that is affected here and not the capacity to understand it. A person suffering from such an illness is prohibited from entering into transactions that are in excess Home Page of one-third of his wealth. In other words, it takes the h.ukm of was.ı̄yah. This condition is stipulated to protect the rights of the heirs. The reason assigned is that the rights of the heirs get linked to the estate as soon as marad. al-mawt takes hold. The Lawgiver has laid down that such rights are to come into play Contents after the death of the person, but to protect the rights of the heirs and creditors it is assumed that death has already occurred. The justification provided is that the transactions of such a person are not those of JJ II one who wishes to live, but of one who is ready to depart. J I The following rights are attached to the estate of the person suffering from marad. al-mawt: • Rights of creditors. The creditors have a right prior to all, even if the debts consume all the estate. • Rights of beneficiaries. The rights of beneficiaries restrict the transactions to one-third of the estate, however, amounts in excess of one-third will be valid if permitted by the heirs. Full Screen • Rights of the heirs. These rights are linked to the estate from the time of the commencement of illness, and any transactions undertaken by the sick person will be assigned ah.kām as follows: 1. Transactions with a counter-value. If the person suffering from death-illness concludes a contract of sale with no apparent loss in it, that is, at the market value, then the creditors or the heirs cannot have it set aside. It is to be assumed that such a sale was undertaken to fulfil his genuine needs and not with the intention to deprive his creditors or heirs. Abū H . anı̄fah maintains that if such a sale is made to one of the heirs, it is to be declared as void even if it is at market value. The two disciples maintain that the sale is valid. The difference of opinion is due to the question whether the right of the heirs is linked to the ‘ayn (substance) of the thing or to its value. 2. Transactions without a counter-value. If the transaction is a hibah, waqf, .sadaqah, or a sale at less than the market value, or a purchase at more than the market value, then such a transaction will be restricted to one-third of the value of the estate, after the creditors have been satisfied. Three conditions must be fulfilled, before the rights of the creditors can come into play: (a) That the transaction was without a counter-value or without adequate counter-value. This would cover transactions like gift, charity, waqf, sale at a discount, or purchase at a premium. (b) That the transaction involves the transfer of a thing (‘ayn) itself and not its use, provided that Title Page the benefit conferred through use will terminate upon the death of the owner. Some H . anafı̄s do not Contents consider the benefits arising from the use of a thing as māl. The use of land, or of a house, or of an animal are examples that explain this case. The majority (jumhūr ) consider the use of benefits as JJ II māl. (c) That the transaction must be in a‘yān (substance of things) and not in the revenue or profit derived from them. Any assignment of profits arising from a sharikah or mud.ārabah will not be affected by Page 114 of 433 this condition. Besides transactions, any admission or acknowledgement of debts by the person suffering from marad. Full Screen al-mawt may also invoke the rights of creditors and heirs. Al-Shāfi‘ı̄ is of the opinion that acknowledgement by a person suffering from death-illness is valid and is not affected by the rights of the creditors or the Close heirs. The reason he assigns is that a person approaching death would normally tell the truth, even if he is a habitual liar. The H . anafı̄s, on the other hand, make a distinction between two cases: (a) Acknowledgement of debt in favour of an heir: An acknowledgement in favour of an heir can have legal effects if the rest of the heirs permit it. This is due to the apprehension that one heir may have been preferred over the others. (b) Acknowledgement of debt in favour of a stranger: An acknowledgement favouring a stranger is valid. These debts are called duyūn al-marad. and are to be paid after all other debts, called debts of health, have been satisfied. The Mālikı̄s distinguish between cases where an allegation of a “bond of affection” can be made, that is, where a possibility of undue influence is likely. For example in the case of a wife, close relative, or friend. The basis is the bond existing between them and not the blood relationship.6 9.2. Acquired Causes of Defective Capacity Acquired causes are those that are created by Man or in which human will and choice are the basic factors. Muslim jurists list seven such causes: ignorance (jahl ), intoxication (sukr ), jest (hazl ), indiscretion (safah), journey (safar ), mistake (khat.a’, shubhah), and coercion (ikrāh). We will discuss some of the important Contents causes, noting their effects on the capacity for acquisition and on the capacity for execution. 9.2.1. Intoxication (sukr ) Drunkenness is a state caused in a human being due to the use of an intoxicant, which temporarily suspends the proper functioning of the mental faculty. Intoxication does not cause a change in the capacity for acquisition, as its basis is the attribute of being Go Back a human.7 Thus, a drunken person possesses a dhimmah (legal personality) with a complete capacity for acquisition, and he is held liable for destruction of life and property, and also for all obligations, for maintenance, and even for zakāt. All these duties and obligations require the existence of the capacity for Close acquisition alone, and intoxication does not negate it. See Ibn Rushd, Bidāyat al-Mujtahid, vol. 2, 44. The basis for the capacity for execution, on the other hand, is ‘aql (reason) and rushd (discretion); these are negated in the case of the drunken person by the state of drunkenness. The khit.āb is not addressed to the drunken person, because he does not comprehend it. The state of such a person is worse than that of one who is asleep, for the latter can be awakened; it is worse than that of an idiot, who may understand parts of the speech addressed to him. The jurists agree unanimously that the khit.āb is not directed toward the intoxicated person if such intoxication has been caused by the legal use of intoxicants. For example, the person who has consumed liquor without knowing what it is or when he has done so under coercion or under duress to save his life. In such cases, the h.ukm for this person will be the same as that of the person under a spell of fainting. Muslim jurists disagree about the person who is intoxicated when such intoxication is caused by prohibited means. The H . anafı̄s and some other jurists do not consider such a cause to have any effect on the capacity for execution and on the understanding of the khit.āb. Thus, the ‘ibādāt are established against such a person and he will be held liable for delayed performance (qad.ā’ ), along with the accompanying Home Page sin. Any transaction or acknowledgement he makes is valid and enforceable against him. He acquires criminal liability for acts committed in such a state, though he can retract his confession made in this Title Page state regarding a case of h.udūd, as these are pure rights of Allāh. The argument provided by the H . anafı̄s is that intoxication is a crime and as such cannot be an excuse for waiving punishments. Further, one reason why intoxication has been prohibited is that it leads to other JJ II khabā’ith. Moreover, if the acts of the drunken person are to be exempted from liability, it will become a means for the commission of offences, and for evading liability. Relying on the verse, “O ye believers, approach not prayer when you are intoxicated, until you know what you say,” [Qur’ān 4 : 43] they maintain Page 116 of 433 that it is obvious that the khit.āb is addressed to the drunken person and he is expected to understand the meaning and import of the verse even when he is intoxicated. If this is not the interpretation, it would Go Back amount to saying to a person under a spell of madness, “Do not commit such an act when you are insane.” It is for this reason that the drunken person is held liable for his acts. Some jurists are of the opinion that an intoxicated person has no capacity for execution, because his Close ‘aql (reason) is completely impaired by the state of intoxication. They maintain that the Lawgiver has already provided a penalty for the offence of intoxication and holding him liable for his transactions as well, that is, those undertaken in such a state, would amount to punishing him twice for the same offence, a kind of double jeopardy. They argue that the verse about avoiding prayers in an intoxicated state is actually addressed to a sober person telling him to avoid becoming intoxicated before the time of prayer, an act over which he has control, as compared to the person subject to fits of madness over which he has no control. Modern jurists try to prefer the second opinion as it may be closer to some forms of Western law. It must be noted, however, that consuming liquor is an offence in Islamic law and it may not be so in the 9.2.2. Jest (hazl ) When a person uses words without intending to convey either their primary or their secondary meanings, that is, their denotations or their connotations, he is said to speak in jest (hazl ). Such a person may, for instance, use words employed for the contract of marriage, but does not intend the h.ukm (effect) of such a contract. Speaking in jest has no effect on the capacity for acquisition; rights as well as obligations will, therefore, Title Page be acquired. The basis of insānı̄yah required for this kind of capacity is not altered by jokes. Hazl or jest cannot negate the capacity for execution either, because such a person has not lost his Contents intellect or discretion. Contracts, on the other hand, require consent and willingness to give rise to legal JJ II effects. The person speaking in jest does bring about the apparent form (s.ı̄ghah) of the contract, but has not given his consent in reality. The H . anafı̄s, therefore, consider the transactions of such a person as J I invalid, except transactions like marriage, divorce, manumission, rujū‘ (retraction), and the like. This is based on the tradition that says, “Three things intended seriously are taken seriously, and if intended in jest are also taken seriously: marriage, divorce, and the freeing of a slave.” Some jurists do not maintain Go Back this exemption, and treat all statements made in jest as being ineffective. The Shāfi‘ı̄s maintain that statements made in jest are to be considered valid at all times, because the person has brought about Full Screen the cause—the .sı̄ghah (form)—and must, therefore, bear the consequences. This is based on the objective Close theory of contracts that is followed in Islamic law by most schools.8 It is followed in English common law as well and, therefore, in most countries that adopted this law. For example, it is a view taken by American law that contracting parties shall only be bound by terms that can be inferred from promises made. 9.2.3. Indiscretion (safah) This defect concerns financial transactions, that is, transactions undertaken carelessly and in a manner that a prudent person is likely to avoid. The result is foolish waste and squandering of property. The tendency in a person to waste his property affects neither his capacity for acquisition nor his capacity for execution. The effect of safah is that a person, who has attained puberty, is subjected to interdiction (h.ajr ) till such time that he mends his ways. This view is upheld by the majority. It is based upon the necessity (d.arūrah) of preserving his wealth, because preservation of wealth is an acknowledged purpose of the law. Abū H . anı̄fah maintains that interdiction can last only till the age of twenty-five, after which the property of the individual is to be delivered to him, because at this age the individual is to be preferred over property. 9.2.4. Coercion and duress (ikrāh) Ikrāh is a situation in which one is forced to do something without his willingness.9 It has no effect either on the capacity for acquisition or the capacity for execution, because this state does not affect life or reason and discretion. It does, however, negate free consent and willingness. Contents 9.2.4.0.1. Effect on free will. The jurists disagree about the extent to which ikrāh can affect free will. JJ II The views of these jurists may be classified into two opinions: J I 1. The first opinion maintains that ikrāh is an obstacle in the way of taklı̄f (creation of an obligation). Page 118 of 433 Thus, the khit.āb is not directed toward a person under coercion or under duress, because this person is prevented from understanding the khit.āb. Among those who hold this opinion are Shāfi‘ı̄ jurists, Contract law does not examine a contracting party’s subjective intent or underlying motive. Judge Learned Hand said that the court will give words their usual meaning even if “it were proved by twenty bishops that [the] party . . . intended Close something else.” Hotchkiss v. National City Bank of New York, 200 F. 287 (2d Cir. 1911). It appears that in France the subjective theory is followed, because of which some Muslim countries that have been influenced by that law are inclined Quit towards the subjective theory. For the details see S.adr al-Sharı̄‘ah, al-Tawd.ı̄h., vol. 2, 820. who maintain that free will is a condition of taklı̄f. Ikrāh, according to the Shāfi‘ı̄s, arises under a threat of death, hurt, perpetual confinement, and the like. It does not arise for causes of a lesser gravity, like a threat to property. Ikrāh defined this way is, in their view, divided into two kinds: a. Justified coercion. This is like the order of a qād.ı̄ directing a debtor to pay his debts to his creditors, or his command to a man to divorce his wife after the passage of the period of ı̄lā’, as required by Shāfi‘ı̄ law. This kind of ikrāh does not affect the free will of a person, as the duty is imposed by the Lawgiver. Thus, any transaction in property undertaken under coercion for paying off creditors shall not be declared void. b. Unjustified coercion. Coercion without justification is again of two types. The first type is where acts committed are legally permissible under coercion. Such acts, if committed through words or deeds, have no legal effect and are considered void. If these acts can be attributed to a third person, then, they are attributed to the person coercing or threatening another. For example, Home Page compensation for property destroyed through coercion shall be paid by the person who coerces the other. The second type are acts that legally prohibited, like murder and rape. In such cases Title Page the person coerced shall be fully liable along with the person who coerced him. 2. The second opinion is held by the H . anafı̄s, who divide ikrāh into three types: JJ II a. First is coercion that negates free will or choice. This is coercion under threat of death or loss J I of limb. b. The second type is coercion that negates consent, but makes free will irregular or fāsid. This is brought about by confinement for a long period or by beating and torture that does not lead Go Back to loss of life or limb. c. The third type is ikrāh that does not negate consent nor does it make free will fāsid. The Full Screen example is confinement of close relatives. Some H . anafı̄ jurists do not accept this third category, Close and link it with one of the categories above, depending upon the nature of the threat to dear ones. Quit 9.2.4.0.2. Effect of coercion on legal capacity. The H . anafı̄s maintain that the condition of taklı̄f is the existence of the right to choose and not its validity (s.ih.h.ah). Irregular or fāsid free will, they say, is sufficient for the existence of taklı̄f. In all the above cases of ikrāh, free will is not invalid (bāt.il ) though it may be irregular. Taklı̄f, therefore, may accompany ikrāh. To facilitate the understanding of the act, for which coercion is taking place, the H . anafı̄s divide it into three types: 1. Transactions. These are divided into two kinds, on the basis of the effect of ikrāh: a. First are transactions that do not accept rescission, and do not depend upon consent, for example, divorce, manumission, marriage, retraction of divorce, .zihār, ı̄lā’, ‘afw (forgiveness) in intentional murder, and oath (yamı̄n.) All these transactions are valid under coercion, because they amount to a termination (isqāt.) or relinquishment of a right, and relinquishment cannot be reverted, because these transactions are not dependent on consent. b. Second are transactions that accept rescission or revocation and depend upon consent. These Title Page are like sale, mortgage, hire, and other commutative contracts. These contracts accept rescission and depend upon the existence of free consent. The h.ukm of such contracts concluded under coercion is that they are irregular (fāsid.) They can be ratified by the coerced party, after JJ II coercion has ceased to exist, in which case they are declared as valid (s.ah.ı̄h.). 2. Admissions and confessions. All admissions and confessions, in order to be valid, must be accompa- nied by free will. Page 120 of 433 3. Acts in general. Acts, for this purpose, are divided into two kinds by the H . anafı̄ jurists. Go Back a. First is the case when the coerced is a mere instrument in the hands of another, like a person Full Screen picking up another and throwing him upon another thereby causing death, or hurt, or causing damage to property. If A causes B to fire at a bush knowing that C is hiding behind it, thus, causing the death of C, then, A shall be guilty of murder, while B will be an instrument in his Quit hand. Other cases can be imagined. In such cases the act is attributed not to the instrument, but to one who caused him to move. b. Second is the case when the coerced cannot become an instrument in the hands of another, for example, in the commission of zinā or eating of food. In such a case, the person coerced is fully aware of his actions. Here the person coerced is guilty of zinā or for compensating property consumed. In the case of drinking of khamr, however, h.add is waived on grounds of shubhah. 9.2.5. Mistake and ignorance (khat.a’, shubhah, and jahl ) The topics of jahl and khat.a’ are usually discussed separately, while the topic of shubhāt is not discussed under defective legal capacity. All three are interrelated and deal with concepts that are similar to what in Western law are called mistake of law and mistake of fact. The word shubhah is usually translated as doubt. The most important evidence in this respect is the tradition of the Prophet (p.b.u.h.) in which it has been said that the h.udūd penalties are to be waived in case of shubhah. This is usually taken to mean “benefit of doubt” given to the accused. While this meaning may be covered by the tradition it is not its primary concern. The rule of giving benefit of doubt to the accused is generally accepted as a rule of evidence in Islamic law. Further, this rule deals with the doubt Title Page in the mind of the judge as to whether an offence has been proved beyond doubt. The tradition, according to the jurists, deals with doubts in the mind of the subject at the time of commission or omission of Contents an act. These are of several types: shubhah fı̄ al-dalı̄l (mistake of law); shubah fı̄ al-milk (mistake as to JJ II ownership); shubhah fı̄ al-fi‘l (mistake in the commission of the act); and shubhah fı̄ al-‘aqd (mistake as to the governing law in the contract). J I For example, assuming that in the early days there was a person who was under the impression that temporary marriage is permitted, that is, he may not be aware of the abrogating evidence. If he entered into a temporary marriage under this impression, the marriage contract was declared void, but the law Go Back would waive the h.add penalty in such a case (this does not mean that ta‘zı̄r was also waived). There could have been a possibility of the occurrence of such a case in the early days when people were not aware Full Screen of the law. Today it is unlikely to happen. In any case, it is an example of shubhah fı̄ al-dalı̄l as well as Close shubhah fı̄ al-‘aqd. If some of the heirs pardon the murderer, but some of the other heirs, who have not pardoned him, execute him, they will not be subjected to retaliation due to shubhah fı̄ al-dalı̄l (mistake Quit of law). They may be awarded ta‘zı̄r. Today, these heirs are not permitted to take the law into their own hands. It should be obvious that exemptions for mistakes of law are given where the issue is subject to ijtihād. Where the matter is not subject to ijtihād, and is clearly known, or is supposed to be known to Muslims by necessity, there can be no exemption. In the early days, when slavery was permitted, a husband may be under the impression that his wife’s slave girl is also within his ownership. Under this wrong impression if he were to consider it milk yamı̄n and act upon it he would be under shubhah fı̄ al-milk. The h.add penalty would be waived in such a case (though not ta‘zı̄r ). If a man aiming at an animal were to hit a human being, he would be guilty of manslaughter (qatl khat.a’ ) and not murder. This is an example of shubhah fı̄ al-fi‘l. The law, gives, some exemption in such cases and lays down principles that may be applied to new cases. It can be seen with ease, however, that ignorance or mistake does not affect the capacity of acquisition at all. It does not affect the capacity for execution either, the basis for which is understanding or ‘aql. The only problem here is that the understanding of the subject is hampered somewhat, but the law takes notice even of this. This shows that ignorance and mistake are not causes of defective capacity at all, but Home Page statutory grounds of defence or exemptions. Jahl (ignorance) may, thus, be that of law or of fact. In general, ignorance of law is no excuse for Title Page a subject present within the dār al-Islām. This, however, should not be confused with the acts of a Muslim residing in the dār al-h.arb. The H . anafı̄s make an exemption for some of the unlawful acts of such an individual, because he is not enjoying the protection of the Islamic state during his stay abroad. JJ II Submission to the Islamic state and being subject to its jurisdiction is also stated as a condition of taklı̄f by some jurists. The issue of jurisdiction of the Muslim state is expressed as a principle by the H . anafı̄ jurist al-Dabūsı̄: Page 122 of 433 The principle according to our jurists is that the world is divided into two dārs: dār al-Islām and dār Go Back al-h.arb. According to Imām al-Shāfi‘ı̄ the entire world is a single dār.10 In other words, al-Shāfi‘ı̄ does not grant the same exemptions to an individual residing in enemy territory. Al-Dabūsı̄, Ta’sı̄s al-Naz.ar (Cairo, 1320/1902) 58. The Sources of Islamic Law Title Page The Primary Sources of Islamic Law 10.1. The Distinction Between Primary and Secondary Sources Home Page The classification of the sources of Islamic law into primary and secondary is nothing more than a collection, Title Page and the combined effect, of certain attributes that are identified by the jurists for different sources. The primary and secondary sources are distinguihsed by the jurists on the basis of the following attributes: 1. Primary sources are those that are unanimously agreed upon by the four Sunnı̄ schools. The sources unanimously accepted by the four Sunnı̄ schools are: the Qur’ān; the Sunnah; ijmā‘ J I (concensus of legal opinion); and qiyās (analogy). Besides these there are sources that are accepted by some of the Sunnı̄ schools and not by others. Thus, istih.sān is accepted by the H . anafı̄ and Mālikı̄ Page 124 of 433 schools, but not by the others. Secondary sources are those that are not unanimously accepted by the Sunnı̄ schools. When the range of schools is widened, analogy is excluded from the primary sources and so is ijmā‘. The Shi‘ah schools do not accept these two sources and the extinct Z.āhirı̄ Full Screen school did not accept analogy as a valid source. 2. Primary sources are transmitted sources, while secondary sources are mostly rational sources. This distinction would include the opinion of a Companion among the primary sources, Quit but the previous criterion excludes it, because it is not unanimously accepted as a source of Islamic 3. Primary sources are definitive sources, while secondary sources are probable. The khabar wāhid is a probable source, that is, its authenticity has not been established by way of tawātur like that of the Qur’ān and the mutāwātir sunnah, but here we are concerned with the Sunnah as a source of law on the whole and in this sense the Sunnah is a definitive source. Likewise, there are types of ijmā‘ that are not considered definitive, but again we are concerned with consensus as a source of law on the whole and ijmā‘ is considered a primary source. Analogy and other types of rational sources would be classified as secondary sources. 4. Laws discovered through the primary sources may be extended through the rational sources or the secondary sources, while laws discovered through secondary sources cannot be further ex- tended. This, perhaps, is the most important distinction between the primary and secondary sources. Primary sources, then, are at once agreed upon, transmitted, definitive on the whole, and those upon which further extension can be based. This would mean that the Qurān, the Sunnah, and ijmā‘ are the primary sources, while the rest are secondary sources. To describe the characteristics of secondary sources, just reverse the characteristics listed above. For Title Page example, secondary sources are mostly rational sources, or they are mostly disputed sources, or that they depend on the primary sources for their content. Contents 10.2. Grades of the Sources By grades is meant the priority assigned to a source in the jurists’ search for the ah.kām. This topic pertains to ijtih.ād and the tarjı̄h.. It is, therefore, discussed briefly here. Many writers maintain that the first source to be approached is the Qur’ān, the second is the Sunnah, Go Back the third is ijmā‘ (consensus of legal opinion) and the fourth is analogy. These writers also maintain, on the basis of this natural order, that it is not proper to move to another source unless the search in the prior Full Screen source has been exhausted. Thus, the first search for a h.ukm is to be in the Qur’ān. The jurist should not move to the next source, the Sunnah, unless the search in the Qur’ān has been completed. Likewise, the jurist should not move to the consensus of jurists, unless the search in the Sunnah is exhausted. Analogy Quit is to be resorted to only when the search in all three prior sources is completed. These scholars rely upon a number of evidences to strengthen this view. For example, they rely upon the verse: “O ye who believe! Obey Allāh, and obey the Apostle, and those charged with authority among you. If ye differ in anything among yourselves, refer it to Allāh and His Apostle, if ye do believe in Allāh and the Last Day.” [Qur’ān 4 : 59] In this verse, they maintain, obedience to Allāh means having recourse to the Book of Allāh, obedience to the Prophet (p.b.u.h.) means having recourse to his Sunnah and obeying those in authority means having recourse to ijmā‘. The order is, thus, prescribed in this verse. Another source they rely upon is the well known tradition of Mu‘ādh ibn Jabal: When the Apostle of Allāh intended to send Mu‘ādh ibn Jabal to the Yemen, he asked: How will you judge when the occasion of deciding a case arises? He replied: I shall judge in accordance with Allāh’s Book. He asked (What will you do) if you do not find guidance in Allāh’s Book? He replied: (I will act) in accordance with the Sunnah of the Messenger of Allāh. He asked: (What will you do) if you do not find guidance in the Sunnah of the Apostle of Allāh and in Allāh’s Book? He replied: I shall do my best to form an opinion and spare no pains. The Apostle of Allāh then patted him on Home Page the breast and said: Praise be to Allāh Who helped the messenger of the Apostle of Allāh to find a thing which pleases the Apostle of Allāh.1 Title Page This tradition, these scholars say, determines the order in which the sources are to be approached. It also indicates that analogy is to be resorted to when the search in the texts has been exhausted. JJ II In addition to these two evidences, these scholars mention the letter of ‘Umar ibn al-Khat.t.āb, may Allāh be pleased with him, written to the famous qād.ı̄ Shurayh.: “When you are faced with an issue, decide J I through what is laid down in the Book of Allāh. If the issue you face relates to what is not in the Book of Page 126 of 433 Allāh, then decide by what is in the Sunnah of the Messenger of Allāh (p.b.u.h.).” In another version of this athar the words are: “If you find something in the Book of Allāh, decide through it and do not have Go Back recourse to anything else besides it.” A third narration explains this meaning: “Examine what is evident for you in the Book of Allāh and do not ask anyone about it. If nothing is evident for you in the Book of Allāh, follow the Sunnah of the Messenger of Allāh (p.b.u.h.).” Close All these evidences show, it is maintained, that there is a determined order for approaching the sources and that the jurist should not move to the next source, unless the first source has been searched thoroughly Quit Abū Dāwūd, Sunan Abū Dāwūd, tr. Ahmad Hasan, vol. 3 (Lahore: Sh. Muhammad Ashraf, 1984) No. 3585, 1019. for a solution. A closer examination of the issue reveals that the statement about the order in which the sources are to be examined needs to be qualified somewhat. This is obvious from the following points: 1. Approaching the Qur’ān and the Sunnah together: The first point to notice is that it is not possible for the jurist to understand the meaning of the text of the Qur’ān for the derivation of the ah.kām, unless he has recourse to the explanation and commentary of the Qur’ān. This explanation and commentary is the Sunnah itself. Thus, a jurist may not decide upon the basis of a general or absolute text in the Qur’ān, unless he has ascertained that the Sunnah has not restricted the general meaning or has not qualified the absolute text. Take the case of the provisions for the thief (sāriq) in the Qur’ān. It provides that the hands of each thief are to be cut. The Sunnah restricts this general rule to the thief who steals wealth equivalent to the nisāb (prescribed scale). It also restricts it to a person who steals a thing that is in protective Home Page custody (h.irz ). Likewise, the Qur’ān provides for the payment of zakāt in broad terms, that is, for all kinds of wealth, but the Sunnah excludes several categories of wealth from this wide provision. Title Page The Sunnah is, therefore, interlinked with the Qur’ān insofar as it restricts its general meaning Contents or qualifies its absolute texts or explains its difficult and unelaborated words. It would, thus, be inappropriate, if not incorrect, for the jurist to take the h.ukm directly from the Qur’ān without JJ II consulting the Sunnah. The statement, then, that the Qur’ān is to be consulted first and the Sunnah J I is to be consulted only if nothing is found in the Qur’ān, is to be qualified to mean that consulting the Qur’ān implies the consulting of the Sunnah along with it. In other words, there is a special Page 127 of 433 bond between the Qur’ān and the Sunnah and this bond must never be severed. 2. Giving more weight to the definitive meaning whatever the source: In their search for rules, the jurists attach a greater weight to a definitive (qat.‘ı̄) meaning arising from a mutawātir Full Screen Sunnah as compared to a text in the Qur’ān that can be interpreted in more than one way. In technical terms, it means that such a Sunnah is definitive with respect to its transmission as well as its meaning, while a .zannı̄ text of the Qur’ān is definitive with respect to its transmission, but Quit probable as regards the meaning. In such a case too, it would be inappropriate for the jurist to look at the text of the Qur’ān alone and not at the Sunnah. 3. Ijmā‘ and the Texts: h.ukm is sometimes established through consensus of opinion (ijmā‘ ). Ijmā‘ is considered definitive by the jurists and the jurist is bound to follow its directives. According to the principles of tarjı̄h. (precedence of evidences) it is required of a jurist that he first investigate whether the case he is examining has been settled by ijmā‘. If it has been, he is to follow the settled rule and give up his own ijtihād. This process may be compared with the precedents laid down by higher courts. If the higher court has laid down a precedent and has interpreted a statute in a certain way, the lower court is bound to follow the precedent and construe the statute accordingly. It is obvious that consensus of opinion has assigned definitive meanings to texts in which the meanings were not very clear, therefore, ijmā‘ will have precedence over the unelaborated or multiple meanings in the texts. 4. General principles derived from the texts: According to the methodology of some jurists, especially the H. anafı̄s and Mālikı̄s, broad general principles that have been derived from the entire law through a process of juristic reasoning are to be preferred over the khabar wāh.id in certain cases. Home Page This is the view of the H . anafı̄s and Mālikı̄s. The above discussion shows that the sources cannot be consulted in a simple order of priority advocated by some writers. The matter is much more complex, and it is one task of the subject of us.ūl al-fiqh to Contents unravel these complexities for the student and would be practitioner. The primary sources, then, are the Qur’ān and the Sunnah, because these sources contain the law for many cases and also serve as the basis for the extension of the law. Consensus of opinion (ijmā‘) also J I contains the law, and its provisions can be used for extending the law further, though some would prefer to have recourse to the basis or the sanad of ijmā‘ for the new case. For this basis, we have to turn to the Qur’ān and the Sunnah again, therefore, some jurists maintain that the primary sources are the Qur’ān Go Back and Sunnah alone, and ijmā‘ is a kind of secondary source. It is, however, associated with the primary sources here. Full Screen 10.3. The Qur’ān Considering the Qur’ān as the primary source means that all the other sources are secondary to it; even their legal validity and justification as sources is derived from the Qur’ān. The words al-Qur’ān and al- Kitāb are used in the same meaning. The jurists are hesitant about providing a definition of the Qur’ān insofar as a definition means enclosing the defined thing within bounds. Yet, many of them, in an attempt to grasp all its noble attributes and characteristics have provided definitions. They maintain that the purpose of the definition is not to grasp the nature of the Qur’ān, but to identify the book in response to the question: Which book do you mean? One such definition recorded here is from al-Bazdawı̄. éJ« AJJ Ë @ È ñ®JÖÏ @ , k AÖÏ @ ú¯ H ñJºÖÏ @ ÕÎð éJ Ê« é<Ë @ úÎ YÒm× é<Ë @ È ñP úÎ« È QÖÏ @ H AJºË @ ñë : à @Q®Ë @ éîD CK. @QK @ñJÓ C®K This may be rendered into English as follows: The Qur’ān is the Book revealed to the Messenger of Allāh, Muh.ammad (peace be upon him) as written in the mas.āh.if and transmitted to us from him through an authentic continuous narration (tawātur ) without doubt. The definition emphasizes the following attributes: 1. The Qur’ān is the speech of Allāh revealed to Muh.ammd (peace be upon him). This attribute excludes other revealed books from the definition, that is, books that were not revealed to Muh.ammad (peace be upon him). These are like the Torah ( è @PñJË @) and the Evangel ( ÉJ m.' B @). JJ II 2. The Arabic words of the Qur’ān as well as their meanings are both revealed. This attribute excludes J I the Sunnah from the definition, because the words of the Sunnah are not those of Allāh though the content is inspired and is considered to be revelation in meaning from Allāh. Page 129 of 433 The attribute also excludes the tafsı̄r of the Qur’ān and the translation of the Qur’ān from this Go Back definition. It is said that Abū H . anı̄fah used to permit recitation in Fārsı̄ during prayers for those who did not know Arabic, however, authentic reports in the H . anafı̄ school confine such permission to converts to Islam for a period in which they are able to learn the Arabic text. Thus, the exemption Close was for necessity and need and was, therefore, limited. Translation of the Qur’ān is, therefore, not possible and what are termed translations are in fact translations of the tafsı̄r (interpretation) of the Qur’ān. 3. The Qur’ān is transmitted to us by way of tawātur. This means that the Qur’ān was transmitted to us both in its written and memorized form by such a large number of people in each generation starting with the first that any doubt about its not being the original text cannot be conceived rationally. This attribute is intended to exclude a few variant readings of the Qur’ān that were not revealed by way of tawātur.2 4. I‘jāz of the Qur’ān. I‘jāz means the inability of human beings individually or collectively to imitate or bring about something similar to the Qur’ān. This inability was acknowledged by the Arabs during the period of the Prophet. The inability also confirms that the Qur’ān is the revealed word of Allāh, and is therefore a source of law.3 10.3.1. The Recording and Revelation of the Qur’ān The compilation of the Qur’ān has a detailed and well documented history. These details can be gleaned Home Page elsewhere. The reason why it is studied under the title of the Qur’ān as a source of Islamic law is to provide further justification for its having been transmitted by way of tawātur and also to explain the reason for Title Page its unique arrangement. The Qur’ān, as is well known, was not revealed all at once to the Messenger of Allāh (p.b.u.h.), but was revealed in stages and in accordance with incidents faced by the Muslim community. The important JJ II aspect of the wisdom behind its revelation in this way is considered to be the ease in its memorization by the Companions. Allāh, the Exalted, says: “(It is) a Qur’ān which We have divided (into parts from J I time to time) in order that thou mightest recite it to men at intervals: We have revealed it by stages,” Page 130 of 433 [Qur’ān 17 : 106] and “Those who reject faith say: ‘Why is not the Qur’ān revealed to him all at once?’ Thus (it is revealed), that We may strengthen thy heart thereby, and We have rehearsed it to thee in slow, Go Back well-arranged stages, gradually.” [Qur’ān 25 : 32] Another reason for the gradual revelation of the Qur’ān is considered to be the implementation of the law in stages. This has given rise to the abrogating and the abrogated verses. The clearest example of the Close For the details of the seven readings transmitted by tawātur and three that are not so transmitted see Khud.rı̄ Bey, Us.ūl Quit al-Fiqh, 251 There is a discussion whether i‘jāz pertains to individual verses or whole sūrahs. laying down of the law in phases is the case of the prohibition of khamr. The incidents, cases, and questions that often preceded the revelation of the verses help, those who came later, in understanding the meaning and import of the verses. These are called the asbāb al-nuzūl or reasons for the revelation. These reasons have facilitated to a great extent the application of the law in The Messenger of Allāh used to memorize a verse or verses of the Qur’ān after their revelation. He then recited these for his Companions who used to memorize them. There were also scribes with the Prophet who used to record the verses after their revelation and recitation. These written records were then preserved in the Prophet’s house, while some of the scribes would record the verses for themselves and preserve them for their own use. Jibrı̄l used to inform the Prophet of the place and location of each verse within its chapter (sūrah). Jibrı̄l during each Ramad.ān, it is said, used to recite in its proper arrangement with the Prophet what had been revealed of the Qur’ān, and in the last year of his life Jibrı̄l recited the whole of it in its proper arrangement and the Prophet recited it twice after him. The Prophet, thus, Home Page memorized it and recited it for his Companions, who memorized it in this arrangement. By the time of Abū Bakr, the Qur’ān was to be found in its complete form either memorized or recorded Title Page in .suh.uf. Zayd ibn Thābit, therefore, did not rely upon the memory of the Companions alone when he prepared the official copy; he relied upon both. 10.3.2. The ah.kām in the Qur’ān There are approximately six hundred verses in the Qur’ān that indicate the ah.kām of Islamic law. Ap- proximately five hundred of these pertain to the ‘ibādāt and the remaining to crimes, personal law, and other mu‘āmalāt. To be specific, about 70 verses pertain to family law, 80 to trade and finance, 13 to Go Back oaths, 30 to crimes and sentencing, 10 to constitutional and administrative matters, 25 to international law and prisoners of war, while the rest pertain to ‘ibādāt. Full Screen A few of all these verses are so clear that they do not need further elaboration. The remaining verses Close require interpretation and elaboration. The primary means of such elaboration or the choosing of one meaning out of two or more probable meanings is through the Sunnah. The texts of the Qur’ān also Quit require analysis through the tools and rules of literal interpretation, even when the Sunnah is being employed for elaboration. The kinds of ah.kām that are contained in the six hundred or more verses of the Qur’ān are as follows: 1. Ah. kām Pertaining to Aqā‘id (Tenets of Faith). These are like belief in One God, His Angels, Books, Prophets, and the Day of Judgement. The discipline dealing with these is that of Tawh.ı̄d. 2. Ah. kām Pertaining to the Disciplining and Strengthening of the Self. These rules deal with Qur’ānic ethics. The disciplines that deal with them are ethics and tas.awwuf. Many of the ethical norms of the Qur’ān are to be found clothed in the legal provisions. 3. Rules of Conduct Arising from the Words and Acts of the Subject. This category covers the entire field of fiqh. They are divided first into two types: (a) Rules Related to Worship. The purpose of these rules is to establish the relationship of the individual with his Creator. Home Page (b) All Those Rules that Relate to Conduct Other than Worship. This area is called mu‘āmalāt by the jurists. It regulates the relationship of individuals among themselves, the relationship of individuals with states, and the relationship of the Islamic state with non-Muslim states. Contents In short, it covers the entire area of substantive and procedural law or to put it differently, it includes private and public law. JJ II It is to be remembered that though the particular cases mentioned in the Qur’ān are few, there are many broad and general principles that facilitate the derivation of countless ah.kām. Page 132 of 433 10.4. The Sunnah The word Sunnah has a literal meaning and several technical meanings. An indiscriminate use of the term leads to confusion, therefore, it is necessary that most of the technical meanings be understood. In its Close literal meaning the word sunnah stands for the “well-known path,” or the “well-trodden path,” which is followed again and again. This may be the path on which people tread or it may be a practice. It is in this sense that the following saying of the Prophet is understood: “He who establishes a good sunnah has its reward and the reward of whoever acts upon it till the Day of Judgement, and he who establishes a bad sunnah bears its burden and the burden of whoever acts upon it till the Day of Judgement.” The sunnah of an individual is a practice that he considers binding for himself and that he attempts to protect and uphold. In its technical sense, the word sunnah is assigned the following meanings: 1. Some jurists apply it to mean recommended acts of worship, while others apply it to supererogatory acts (nawāfil ). 2. The word sunnah as an antonym of bid‘ah (innovation), that is, innovations in matters of religion. In this sense, it is said, “This act is a sunnah,” that is, it is legal. The meaning of “legal” is assigned to it irrespective of the legality arising from the Qur’ān or the Sunnah. When it is said that such and such act is a bid‘ah it means it is not legal according to the Qur’ān and the Sunnah. 3. The term sunnah is used to mean the practice of the Companions (S.ah.ābah) irrespective of their Home Page relying in it on the Book, the Sunnah, or their own ijtihād. An example is the compilation of the Qur’ān. 4. Finally, it is defined as “what was transmitted from the Messenger of Allāh (p.b.u.h.) of his words, Contents acts, and (tacit) approvals.” It is in this sense that the jurists use the term sunnah, that is, as the Sunnah of the Prophet and a source of Islamic laws. 10.4.1. Kinds of Sunnah The Sunnah is classified in two ways: 1. The kinds of the Sunnah when we look at the channels through which the ah . kām are Full Screen established. This is also called the classification of the Sunnah according to its nature. This type of the Sunnah is of three types: sunnah qawlı̄yah or the sayings of the Prophet (p.b.u.h.); sunnah Close fi‘lı̄yah or the acts of the Prophet (p.b.u.h.); and sunnah taqrı̄riyah or the tacit approval given by the Prophet (p.b.u.h.). These are described below: (a) Al-Sunnah al-Qawlı̄yah: It is defined as the sayings of the Prophet (p.b.u.h.) through which he intended the laying down of the law or the explanation of the ah.kām. There are a large number of sayings of the Prophet (p.b.u.h.), that is, of the sunnah qawlı̄yah. Some examples are: al-kharāj bi al-d.amān (Entitlement to revenue depends on a corresponding liability for loss); innamā al-a‘māl bi al-niyyāt (The nature of acts is dependent upon the underlying intentions); lā d.arar wa-lā d.irār (No injury is to be caused and none is to be borne); and al-‘amd qawad (Intentional murder leads to retaliation). It is to be noted that not every saying of the Prophet (p.b.u.h.) is a source of law. To become a source of law, the purpose of the saying should be the laying down of the law or its elaboration. (b) Al-Sunnah al-Fi‘lı̄yah: It is defined as the acts of the Prophet (p.b.u.h.) having a legal content, like his prayer, fasts, h.ajj. These acts or the method of their performance that he adopted are to be followed in the same way as his sayings. The acts that do not have a legal content do not become a source of law. This may be understood by distinguishing between: ordinary physical acts performed by every human being, like eating, drinking, walking and Title Page sitting; acts that are specific to the Prophet (p.b.u.h.) and the rest of the ummah is not to follow him in such acts, as in the case of the number of his marriages; acts that are intended Contents to be explanations of undetailed rules in the texts; and acts that establish new laws. The last category is what the jurist is interested in. (c) Sunnah Taqrı̄rı̄yah: It is defined as the commission of certain acts, by word or deed, by some J I Companions and the maintenance of silence by the Prophet without expressing disapproval. His Page 134 of 433 silence in such a case is called taqrı̄r or tacit approval and is considered a sunnah that becomes a source for the permissibility of an act or a statement. An example of this type is the statement Go Back of Mu‘ādh ibn Jabal when he was sent to Yemen and the Prophet asked him how he will decide cases. This approval in this case, however, was a little more emphatic than mere silence. Classification of the Sunnah Close Qawl — È ñ¯ (words) ah.kām Fi‘l — Éª¯ (acts) Taqrı̄r — QK Q®K (approval) (Channels of) Mutawātir Muttas.il Mashhūr transmission Āh.ād Mursal or Munqat.i‘ 2. The kinds of the Sunnah with respect to the channels through which it is transmitted Home Page to us. This may also be called the classification of the Sunnah according to its written record, that is, the classification of h.adı̄th, when this term is used not merely for the sayings of the Prophet (p.b.u.h.), but for the entire written record. Ah.ādı̄th are divided, with respect to narration, into Contents two types. First, the ah.ādı̄th whose chain of narration is complete. These are the ones in which the narrators are mentioned from the beginning of the sanad upto the Messenger of Allāh, and no JJ II narrator is missing. Second, the ah.ādı̄th from the chains of which one or more narrators are missing. J I The h.adı̄th from which a narrator is missing is called mursal by the H . anafı̄s. The Traditionists (Muh.addithūn) confine the term mursal to a tradition from the chain of which the name of the Page 135 of 433 Companion is missing, while they term as munqat.i‘ a tradition from the chain of which the name of a narrator other than a Companion is missing. (a) H . adı̄th Muttas.il. The majority of the jurists divided the muttas.il ah.ādı̄th into two types: mutawātir and āh.ād. In between these two, the H . anafı̄ jurists added a third category called Close mashhūr. i. H . adı̄th Mutawātir. The mutawātir h.adı̄th is one that is related by such a large number of people that their agreement to propagate a falsehood cannot be conceived. This applies to the narration from the beginning of its chain to its end, where it reaches the Prophet. An example of such a h.adı̄th is: ß , ß ø ñK AÓ Z ø QÓ @ É¾Ë AÜ @ ð H AJ « JË AK. È AÔ B @ AÜ @ Acts are determined by intentions, and to each person belongs what he intends. In the same category are the reports about the number of daily prayers and the rates of zakāh. Tawātur is of two types: words and meaning. When all the narrators are in agreement about the words as well as meaning, the h.adı̄th indicates tawātur by its very words. An example are the words of the Prophet: “He who attributes falsehood to me should prepare his abode in the Fire.” This tradition was related by a large number of Companions in these words. The narration was reproduced in great numbers in the following generation when it was finally recorded. This makes it the tawātur lafz.ı̄. The other kind is known as Home Page tawātur ma‘nawı̄, which is a tradition that conveys the same meaning even if the words are not exactly the same. Most of the mutawātir traditions are of the latter category. ii. H. adı̄th Mashhūr. The mashhūr tradition is one the number of whose reporters do not Contents reach the level of tawātur in the first generation. Thus, if one or two Companions related the tradition from the Prophet, but in the next generation, that is, the generation of the JJ II Tābi‘ūn, a very large number related from them and so on till the end of the chain when the traditions were compiled, then, such a tradition is called mashhūr. The factor that makes such a tradition mashhūr (well-known) is the number of persons in the second and Page 136 of 433 the third generation relating it, because after this compilation started and all traditions became well-known. The mashhūr tradition, according to Abū H . anı̄fah, falls into a category that is lesser in Full Screen strength than the mutawātir tradition, but is stronger than the khabar wāh.id. The majority of the jurists, however, consider such a tradition to be a khabar wāh.id. According to al- Close Sarakhsı̄, the tradition about the prohibition of marrying the maternal or paternal aunt of an existing wife belongs to this category. iii. H. adı̄th Āh. ād. The h.adı̄th āh.ād or the khabar wāh.id is reported by one or two persons from the beginning of its chain upto its end when all traditions were recorded. Thus, the narrators do not reach the level of tawātur in either of the first three periods: the period of the Companions, the Tābi‘ūn, and the Tab‘ Tābi‘ūn. After the third period, as stated above, the traditions were compiled and all became well known. The khabar wāh.id is generally not relied upon by jurists in matters of faith (aqā‘id ), but it is accepted for matters of conduct, that is, in matters covered by the mu‘āmalāt. In fact, there is generally an agreement of the Muslims about the acceptance of the khabar wāh.id in matters of fiqh. (b) H. adı̄th that is not muttas.il. A tradition that is not continuous (muttas.il ) is one that has the names of one or more narrators missing from the chain of narration. This is called a mursal report. It is like a reliable narrator from a later generation saying: “The Messenger of Allāh said that . . . .” As for the traditionists, they apply the term mursal to a tradition from the chain of which the name of the Companion is missing. If the name of someone other than a Companion Home Page is missing, they term the tradition as munqat.i‘. The jurists disagreed about the employment of a mursal tradition as proof for a h.ukm. Thus, al-Shāfi‘ı̄ does not rely upon it, unless its authenticity is supported by another factor. Contents 10.4.2. Conditions imposed by jurists for acting upon the muttas.il h.adı̄th The traditions (ah.adı̄th) differ with respect to their narration and reporting. It is for this reason that the mujtahids laid down specific conditions for the acceptance of each category. The purpose of these Page 137 of 433 conditions is to verify the strength of the authenticity of the report. 10.4.2.1. Conditions for the mutawātir and the mashhūr Full Screen The mutawātir h.adı̄th is considered certain proof of the ah.kām insofar as the conditions of tawātur are Close found in it according to all the jurists; so also the mashhūr tradition according to the H . anafı̄s, because it offers certain knowledge coming down from the Messenger of Allāh, even if the strength of this knowledge Quit is a little less than that of the mutawātir. 10.4.2.2. Conditions for the khabar wāh.id With respect to the khabar wāh.id, each mujtahid has laid down specific conditions stipulating when it is to be relied upon for the derivation of the law. 1. The H . anafı̄ School: The H . anafı̄s stipulate three conditions for the khabar wāh.id : (a) That the narrator should not have acted against the implication of the report. If he does act against it, the reliance will be upon his reported act rather than on the report. A narrator does not act against a report from the Prophet, unless he knows that the content of the report was abrogated. A deliberate act against the report would raise doubts about the ‘adālah of the narrator, and his report would not be acceptable, because the presumption is that the narrator is ‘adl. (b) That the report should not pertain to a matter of universal need, that is, something which is Home Page performed often and continuously repeated. Such an act requires that it be known to many people due to their need to know it prior to performance. An act that should be known to Title Page many people by necessity will push its report to the level of a report that is mutawātir or mashhūr, and it cannot be the subject-matter of a khabar wāh.id. The narration of an individual regarding such a matter provides circumstantial evidence of its not having been said or done JJ II by the Prophet. (c) That it should not oppose analogy (qiyās). By this is meant opposition to general and funda- J I mental principles. If a report opposes a general principle it ceases to be a valid proof for the Page 138 of 433 ah.kām. The reason is that the principle is usually not derived from a single text, but is based upon a number of texts, which together indicate a definitive meaning. As compared to this, a Go Back khabar wāh.id indicates a probable meaning that cannot be preferred over a definitive (qat.‘ı̄) meaning. The H . anafı̄s made an exemption from this rule in the case of traditions reported or upheld by Companions who were well known as jurists and mujtahids, like the first four caliphs, Close Ibn ‘Abbās and Ibn Mas‘ūd. 2. The Mālikī School: Imām Mālik (God bless him) stipulates for the khabar wāh.id that it should not oppose the practice of the people of Medina. If it does oppose it, the obligation is to follow the practice of the people of Medina and to forgo the requirement of the khabar wāh.id. The reason is that the practice of the people of Medina amounts to a mutawātir report, and the mutawātir being definitive is to be preferred over the khabar wāh.id, which is probable. It appears that he would also uphold the condition stipulated by the H . anafı̄s about analogy above. 3. The Shāfi‘ı̄ School: Imām al-Shāfi‘ı̄ (God bless him) does not stipulate for the khabar wāh.id any other condition except that it have a sound and complete chain of narration. If this condition is met the report is to be accepted. 4. The H . anbalı̄ School: The condition stipulated by Ah.mad ibn H . anbal (God bless him) is similar to that laid down by Imām al-Shāfi‘ı̄, however, he sometimes accepts traditions that do not strictly meet this condition. He is reported to have preferred even mursal traditions over analogy. 10.5. Status of the Sunnah With Respect to the Qur’ān The jurists maintain that the Sunnah is the second source among the sources of Islamic law. If the mujtahid does not find a text in the Qur’ān for a case he has to settle, he has recourse to the Sunnah for the derivation of the h.ukm. The Sunnah being an elaboration and commentary on the Qur’ān, it is Contents not required to have recourse to it unless a text requires elaboration and commentary. If the text of the Qur’ān is explicit (nas..s) in its meaning it is to be acted upon, but if it is apparent (z.āhir ) having more JJ II than one meaning it is necessary to have recourse to its commentary, which is the Sunnah. As the Sunnah is a primary source of law, the jurist has recourse to it for the derivation of the ah.kām; it is secondary and complementary to the Qur’ān. The authority of the Sunnah as a source of law is derived Page 139 of 433 from the Qur’ān. The ah.kām derived from the Sunnah are, therefore, considered an explanation of the meanings in the Qur’ān. Even when the Sunnah appears exclusively to be dealing with a h.ukm, a close examination reveals that the ah.kām so revealed are based upon principles found in the Qur’ān and the Full Screen Sunnah is merely extending the meaning of these principles or is linking up the rule with the principle. This may be elaborated in the following points: Close 1. The Sunnah is a commentary of the Qur’ān. The ah.kām are often found in the Qur’ān in Quit general, undetermined, or unelaborated form. The Sunnah restricts, qualifies, or elaborates these ah.kām. Examples of the Sunnah elaborating the unelaborated are like (1) the timings of prayer and their number as well as their rak‘as; (2) elaboration of the kinds of wealth in which zakāt is to be paid and the amount to be paid in each as well as the time of obligation; (3) the case of riba. An example of the restriction of a general meaning is to be found in inheritance: “For the male two shares of the female.” The Sunnah explains that the murderer will not inherit. 2. The Sunnah links a vacillating case with a known principle. The Sunnah sometimes lays down rules that are not mentioned in the Qur’ān. These rules appear to be additions over the meanings in the Qur’ān and cannot be considered as elaborations or qualifications. Some jurists, however, are of the opinion that a closer examination reveals that these rules are an elaboration in the sense of classifying a rule under a principle. Often a case vacillates between two principles and the Sunnah links up the case with one of these principles. For example, the Qur’ān has in a general way permitted all good things and has commanded the Home Page avoidance of khabā’ith. The Sunnah has linked with the khabā’ith the consumption of animals with molars and birds with claws, just as it has prohibited the consumption of domesticated donkeys. 3. The Sunnah performs analogy on the basis of a rule in the Qur’ān. The Qur’ān sometimes lays down a principle or a rule without elaborating all the categories falling under that principle or JJ II covered by the rule. The Sunnah links a resembling case with this rule, and this function appears to be similar to analogy. J I The Qur’ān prohibits marriage of two sisters to one man and then says that what is besides this is Page 140 of 433 permitted. The cases of a woman along with her maternal or paternal aunt are also similar because of a common underlying cause. The Sunnah, therefore, prohibits such marriages too. Go Back 4. The Sunnah lays down general principles. The Sunnah sometimes lays down a general principle Full Screen the individual categories of which have been mentioned by the Qur’ān. For example, the Sunnah lays down the principle: “No injury is to be caused or borne.” The Qur’ān mentions a number of cases in which injury to others has been prohibited, like injury to parents because of their child or Quit injury to wives and so on. The prohibition of injury or harm is a general principle that is formulated by the Sunnah. 5. The Sunnah elaborates the meaning of words in the Qur’ān. An example of this the distinc- tion of the white thread from the black thread during the month of Ramad.ān. The Sunnah explains that this is the light of day and the darkness of the night. 10.6. Consensus of Legal Opinion (Ijmā‘ ) The word ijmā‘ is used literally in two senses. The first is determination and resolution. The words of the Exalted: “Determine your plan and among your partners,” [Qur’ān 10 : 71] convey this meaning, that is, decide and determine the matter. So also the words of the Prophet (p.b.u.h.), “The person who has not resolved to fast prior to dawn has no fast,” convey the meaning of deciding and resolving. The second way in which the word is used is agreement upon a matter. It is said: “the people agreed upon such and such matter.” The difference between the two literal meanings is that ijmā‘ in the first meaning is possible from one person, but in the second sense it requires two or more persons. Home Page In the technical sense, ijmā‘ is defined as: Title Page ú« Qå Õºk úÎ« P ñªË @ áÓ Qå« ú¯ éK A¯ð YªK. ÕÎð é JÊ« é<Ë @ úÎ YÒm× éÓ @ áÓ YîDj áK ÜÏ @ A®K @ Contents The consensus of mujtahids (independent jurists) from the ummah of Muh.ammad (p.b.u.h.), JJ II after his death, in a determined period upon a rule of Islamic law (h.ukm shar‘ı̄). 10.6.1. Conditions for the Validity of Ijmā‘ Page 141 of 433 The definition given above shows that there are seven conditions that must be met before ijmā‘ can be Go Back said to have taken place. These conditions are imposed by the majority of the jurists. Two more conditions (nos. 8 & 9) are imposed by some of the jurists, however, the majority do not follow them. Full Screen 1. The agreement or consensus must take place among mujtahids, that is, those who have attained the status of ijtihād. Thus, an agreement among those who have not reached this status Quit or who are not qualified will not constitute ijmā‘. This will exclude all non-mujtahids, the general public, the members of a modern legislature, unless all of them are mujtahids. As to the number of mujtahids agreeing upon a legal issue, there is a disagreement. Some say that this number must reach the level necessary for tawātur, while others say that three is enough. 2. The agreement must be unanimous, that is, among all the mujtahids. If the majority of them agree upon a h.ukm shar‘ı̄, it will not amount to ijmā‘ according to most jurists, howsoever small the number of the opposing minority. The reason is that there is a possibility that the minority opinion may be correct. There are, however, those jurists who consider a consensus of the majority as valid ijmā‘ when they are being opposed by a minority. Some jurists, on the other hand, consider the agreement of the majority as persuasive, but would not call it ijmā‘. 3. All the jurists participating in ijmā‘ must be from the ummah of Muh.ammad (p.b.u.h.). Thus, an agreement of the jurist of another ummah, one of the earlier nations of the earlier prophets, will not be considered ijmā‘. 4. The agreement or consensus must have taken place after the death of the Prophet (p.b.u.h.). Thus, an agreement during his lifetime is not considered ijmā‘. If the Prophet (p.b.u.h.) Title Page agreed with the Companions on an issue, then, he was the source of the rule and not ijmā‘. If he went against their agreement, their agreement was not considered nor did it become a rule of law. 5. The agreement must be among the mujtahids of a single determined period, even if some JJ II of the jurists of the following or subsequent period opposed them. The reason is that the constitution of ijmā‘ depends upon the unanimous agreement of jurists and this is only possible in a determined period, like a generation. Page 142 of 433 6. The agreement must be upon a rule of law, the h . ukm shar‘ı̄. An agreement upon the rules of grammar in Arabic would not be ijmā‘ nor an agreement upon other rational propositions, like the creation of the universe. Thus, the rule must state that a certain thing is prohibited, permitted, Full Screen valid, or void. All non-legal matters are excluded from the domain of ijmā‘. 7. That the mujtahids should have relied upon a sanad for deriving their opinion. A sanad is an evidence in one of the accepted sources of law. Quit 8. The death of those jurists who participated in the ijmā‘, either explicitly or by silence, is not a condition for the validity of ijmā‘ according to the majority of the jurists. Ijmā‘, according to these jurists, becomes valid as soon as agreement is found. There are a few jurists who maintain that it is possible for a jurist to change his view and as long as a jurist is alive, this possibility exists. 9. That the ijmā‘ should have been transmitted to the later jurists by way of tawātur. The argument is that as ijmā‘ is a definitive evidence, its mode of transmission should also be definitive. The majority of the jurists, however, do not accept this condition. 10.6.2. Types of ijmā‘ Ijmā‘ is divided into two types on the basis of the way it is made known. These two types are: 1) ijmā‘ .sarı̄h. or ijmā‘ qawlı̄ and 2) ijmā‘ sukūtı̄ or tacit ijmā‘. 1. Explicit ijmā‘ or ijmā‘ qawlı̄. S.arı̄h. or explicit ijmā‘ is one in which the legal opinions of all the jurists of one period converge in relation to a legal issue, and each one of them states his opinion explicitly. This may happen when all of them are gathered in one session and an issue is presented Title Page to them and they collectively express a unanimous opinion. It may also take place when an issue is raised in a certain period and all the jurists, in turn, issue similar fatwās independently and at separate times. JJ II 2. Tacit ijmā‘ or ijmā‘ sukūtı̄ This form of ijmā‘ takes place when some mujtahids, one or more, issue a verdict on a legal issue and the rest of the mujtahids come to know of it during the same J I period, but they keep silent; they neither acknowledge it nor refute it expressly. Page 143 of 433 10.6.3. The legal force of ijmā‘ as a source Go Back The majority of the jurists agreed upon the rule that explicit ijmā‘ is a definitive source and it is obligatory Full Screen to act upon it; its opposition is prohibited. Further, the issue that has been settled through such ijmā‘ can no longer be opened up again and subjected to ijtihād. In other words, the issue is no longer a moot point. Quit As for tacit ijmā‘, some of the jurists who upheld the binding strength of explicit ijmā‘, objected to the strength of tacit ijmā‘ as a source of law. Some of them even refused to call it by the name of ijmā‘. Among these jurists are Imām al-Shāfi‘ı̄ as well as Mālikites. The majority of the jurists, however, maintained that tacit ijmā‘ is a legally binding source, but they differed with respect to its strength. Some said that it is a definitive source, like explicit ijmā‘, and these are the H . anafı̄ jurists and Imām Ah.mad ibn H . anbal. Their argument is that evidences for ijmā‘ in the Qur’ān and the Sunnah do not differentiate between explicit ijmā‘ and tacit ijmā‘. Some of the jurists said tacit ijmā‘ is a probable (z.annı̄) source. Among these jurists is al-Karkhı̄, the well known H . anafı̄ jurist and al-Āmidı̄, a later Shāfi‘ı̄ scholar. 10.6.4. Role of ijmā‘ in the modern world In earlier as well as modern times various objections have been raised against the principle of ijmā‘. Some of the objections pertain to the conditions of ijmā‘ as stipulated by the jurists, while others relate to the possibility of its occurrence. Some practical difficulties have also been pointed out. Ijmā‘ is a source that is accepted by all the Sunnı̄ schools, just as they accept the two primary sources, yet there is no established system for its transmission. The only transmission of ijmā‘ one finds is within the schools; in the books of each school. Further, some of the cases or instances of ijmā‘ that are cited do not meet the conditions Title Page stipulated for ijmā‘ when they are examined outside the schools of ijtihād and fiqh. Due to these factors and objections, some modern scholars have said that ijmā‘ does not appear to Contents be a practical principle and cannot operate as a source of law, at least in the modern times. The correct JJ II view, however, is that the very fact that ijmā‘ has been accepted as a primary source of law for so many centuries by the leading jurists of Islam, it has to have a greater or deeper role than is exhibited by the J I external conditions imposed by jurists. In other words, the matter needs to be examined a little more deeply, perhaps, in the context of modern law. An examination of the principle of ijmā‘ in a general way reveals that all it is saying is that if a rule Go Back or principle is upheld collectively by the highest legal forum in the land, then, such a principle or rule must be followed by those subordinate to this forum. This is exactly what the doctrine of stare decisis Full Screen says in the English common law system. The deeper the examination of the principle of ijmā‘, the greater Close is the conviction it requires that the decision of the higher forum, or the full bench of the highest court (en banc), so to say, must be followed and maintained by the lower courts. Quit In the earlier stages of the growth of Islamic law, the forum was confined to the jurist Companions. Later, when the schools of law emerged, the forum moved to the leading jurists of each school and operated within the schools. Today, when the ummah is composed of different jurisdictions in Muslim countries, the forum would automatically be the highest court in each Muslim country. In fact, the principle fits in perfectly with the legal system in those countries that have the English common law as the modern tradition. Secondary sources are of two types: rational and transmitted. The term “rational” with respect to sec- Home Page ondary sources means that these are not material sources in which the rules are stated. The rational sources are techniques of legal reasoning that the mujtahid employs during his ijtihād. The material sources used during this legal reasoning are the Qur’ān, Sunnah and ijmā‘, and the rational secondary sources pro- Contents vide means of extension for the law stated in these primary sources. The rational secondary sources of Islamic law are: qiyās (analogy); istih.sān (juristic preference of a stronger principle); and istis.h.āb al-h.āl JJ II (presumption of continuity); mas.lah.ah mursalah (extended analogy); and sadd al-dharı̄‘ah (blocking the lawful means to an unlawful end). As compared to these, the transmitted secondary sources are: the opinion of a companion; the earlier Scriptures; and custom. Page 146 of 433 11.1. Qiyās (Analogy) In its literal meaning, the word qiyās ( ) means measuring or estimating one thing in terms of another. AJ¯ Thus, measuring cloth against the metre rod is qiyās. It also applies to making two things equal, that is, Close comparing. This comparison may be physical or it may be rational. Quit In the technical sense, as defined by the jurists, it applies to “the assignment of the h.ukm of an existing case found in the texts of the Qur’ān, the Sunnah, or ijmā‘ to a new case whose h.ukm is not found in these sources on the basis of a common underlying attribute called the ‘illah of the h.ukm.” If the texts of the Qur’ān or the Sunnah, or ijmā‘ contain a case whose ‘illah is known to the mujtahid, that is, the underlying reason because of which the h.ukm has been laid down, and he then sees a new case which has the same ‘illah in it, he will assign the h.ukm of the existing case to the new case. By such an assignment, he renders the two cases equal in terms of the h.ukm. This assignment or rendering equal is called qiyās in the terminology of the jurists. 11.1.1. Elements of qiyās The definition of qiyās shows that it has four ingredients or elements: • the case (set of facts) mentioned in the text with its h.ukm; • the h.ukm of the set of facts mentioned in the text; Home Page • the ‘illah or the underlying cause that has led to the h.ukm; and Title Page • the new case or the set of facts for which the h.ukm has not been explicitly mentioned and which Contents needs a h.ukm. The case mentioned in the text (the first element) is called the as.l, that is, the root case or even the J I base. It is also called the maqı̄s ‘alayh or the case upon which analogy has been constructed. The h.ukm of this case (the second element) is called the h.ukm al-as.l. The underlying cause of the h.ukm, which is determined by the jurist, is called the ‘illah or the h.ukm. The new case to which the h.ukm is extended is Go Back called the far‘ or the offshoot.1 It is also called the maqı̄s or the case for which analogy is constructed. The h.ukm that has been established for the new case is called the h.ukm al-far‘. Full Screen Far‘ ( ¨ Q¯ ) literally means branch. 11.1.2. Examples of qiyās We may now look at some examples to understand the operation of qiyās: 1. The prohibition of khamr (wine from grapes) is laid down in the Qur’ān. The text prohibits khamr along with a statement of the disaster it leads to, that is, enmity and hatred among people. Now, khamr, according to some jurists (the H . anafı̄s), is the name of an intoxicating liquor made from grape juice, called wine in English. The Arabic term khamr in their view does not include other intoxicating liquors like whiskey and beer. The other intoxicants, according to the H . anafı̄s, are prohibited by the texts of the Sunnah. The H . anafı̄s, therefore, see no need to use analogy in this case. The majority, however, say that even if the word khamr, in its literal meaning, does not cover the other types of intoxicating liquors, the h.ukm of khamr can be extended to them through qiyās (analogy). Their reasoning takes the following form: The jurists first decide that the ‘illah, or the underlying cause for which khamr has been prohibited is intoxication. On examining the other intoxicating liquors, they find that the property of intoxicating is found in them. When it is verified that this property is found, they extend the h.ukm of khamr, Contents which is prohibition, to the other intoxicating liquors as well. Thus, khamr in this case is the as.l, or the maqı̄s ‘alayh, each one of the other intoxicants is the far‘ or the maqı̄s, and the property of being an intoxicant is the ‘illah. The prohibition of khamr is the J I h.ukm al-as.l, while the prohibition of whiskey, say, is the h.ukm al-far‘, which has been established through qiyās. 2. There is a tradition from the Prophet (p.b.u.h.) that says: “The murderer will not inherit.” This tradition prohibits the granting of inheritance to an heir who kills his predecessor from whom he Full Screen is to inherit. The punishment for such an offender, in addition to the punishment for his crime, is deprivation from inheritance. What about a bequest (was.ı̄yah)? The tradition mentions inheritance alone and not bequest. Sup- posing a legatee murders the testator, who has bequeathed his property to the legatee in his will. The offending legatee will be prevented from taking the bequeathed property on the basis of qiyās, because the ‘illah in the two cases is similar, which is “hastening the benefit prior to its appointed time through a criminal act.” Murdering the predecessor in the case of inheritance mentioned in the tradition is the as.l or the maqı̄s ‘alayh, while murdering the testator is the far‘ or the maqı̄s. Hastening death prior to its appointed time through a criminal act is the ‘illah, because of which the h.ukm has been assigned. The h.ukm al-as.l is prevention from inheritance, while deprivation from the bequest or legacy is the h.ukm al-far‘ established through qiyās. 3. A tradition from the Prophet (p.b.u.h.) says: “A believer is a brother to his believer, therefore, it is not permitted for a believer to make a proposal (for marriage) where the proposal of his brother is still pending, or to make an offer of sale where his brother’s offer is pending.” This tradition proscribes proposals or offers to the same party till such time that similar offers made to this party Home Page by another person are pending and have not been refused or accepted. The underlying cause or ‘illah is causing harm to another’s interest. This tradition does not mention the hiring of services or property. The proscription can be extended to hire through analogy. Contents 4. Indulging in sale when the call for the Friday prayer is made is prohibited by the text of the Qur’ān. JJ II The underlying cause is reducing the incentive to offer the Friday prayer. This h.ukm can be extended to other contracts like pledging or marriage that may have been planned at such a time. J I 11.1.3. Qiyās jalı̄ and qiyās khafı̄ or manifest and concealed analogy The term qiyās jalı̄ (manifest analogy) has been used in various senses by the jurists, depending upon the school they belong to. In the previous section, the term was used for the second type of analogy where the Full Screen h.ukm established is of the same strength. Some have used it for the first type as well. Under this heading we are concerned with the way the H . anafı̄ jurists have used it. The H. anafı̄s use the term qiyās jalı̄ to mean analogy for which the underlying cause is more or less Quit apparent or can be discovered with relative ease. The jurist does not have to ponder too much over the attributes of the ‘illah. Almost all types of analogy are classified under this meaning. As compared to this, where the real ‘illah is less apparent and the jurist has to expend considerable effort to discover it; the ‘illah is concealed so to say. This type of analogy is considered qiyās khafı̄ or concealed analogy. In reality this is not analogy at all. In Islamic jurisprudence concealed analogy is called istih.sān. The next section deals with this form of analogy: istih.sān. 11.2. Istih.sān (Juristic Preference) In its literal sense the word istih.sān means “to consider something good.” It is also applied to mean something towards which one is inclined or which one prefers, even if it is not approved by others. Technically, it has been defined in several ways. Al-Pazdawı̄ (al-Bazdawı̄) defines it as “moving away from the implications of analogy to an analogy that is stronger than it, or it is the restriction of analogy by an evidence that is stronger than it.” Al-H. alwānı̄ defines it as “the giving up of analogy for a stronger evidence from the Book, the Sunnah, or ijmā‘.” The Mālikı̄ jurist, Ibn al-‘Arabı̄ defines it as “sacrificing Home Page some of the implications of an evidence by way of exception insofar as the exception opposes some of these implications.” Title Page From all these definitions it is obvious that istih.sān means the preference of a stronger evidence over analogy. In other words, it means: • The preference of qiyās khafı̄ over qiyās jalı̄. • It also means following the requirements of a stronger general principle that requires something different from strict analogy. • It may also mean the creation of an exception to a general principle due to a stronger evidence when the general principle is based upon analogy. Full Screen Al-Sarakhsı̄ points out that some jurists have criticized istih.sān on the grounds that analogy is being Close given up for the personal opinion of the jurists. He responds that this is totally misfounded for how can a jurist give up a h.ujjah (legally admissible authority) for something that has no authority. In modern times, the words “juristic preference” may have implied something similar. The reader should note that analogy is given up by the jurist only when he has a stronger evidence to rely on and this stronger evidence is one that is valid according to the sharı̄‘ah. Istih.sān, he says, is merely the comparison of two valid evidences (sources) and the preference of the stronger over the relatively weaker. It may also mean the restriction of one with the other. He concludes that “giving up of qiyās is sometimes due to the text, and at other times due to ijmā‘ or due to the principle of necessity.” 11.2.1. Examples of istih.sān 1. Abū H . anı̄fah on deciding the issue of the person who eats druing a fast out of forgetfulness, is reported to have said: “Had it not been for the report by the people, I would have said that he should repeat his fast.” What he meant by this was that strict application of the rules of fasting requires that anyone eating food has broken the fast. A report from the Prophet (p.b.u.h.) says that “liability for three things has been lifted from my Ummah: forgetfulness; mistake; and duress.” This is a case of istih.sān on the basis of preferring a text over analogy. 2. Qiyās prohibits the contract of salam, because it involves delay in the exchange of food items listed in the tradition of ribā. There is, however, the tradition from the Prophet (p.b.u.h.) that says that Contents “he made an exemption in the case of salam.” 3. Similar to salam is the case of the contract of ists.nā‘ or the manufacturing contract with advance payment. Analogy prohibits it on the basis of the same rules as in the case of salam. It is, however, permitted on the basis of ijmā‘ according to the H . anafı̄s. Page 151 of 433 4. Analogy requires that ritually pure water should be used for ablution. In the case of wells in which Go Back dirt or carcasses of animals have fallen, following strict analogy would mean the non-use of these wells, and this would cause hardship to the people. The principle of necessity requires that use of these wells be permitted. This is done after observing formal cleaning methods. Close 5. The general principle of sale requires that a thing that does not exist cannot be sold. In the contract Quit of hire (ijārah), the benefits or services that are being paid for do not exist at the time of the contract. The contract has been permitted on the basis of necessity, seeking support from the contract made by the Prophet Ya‘qūb (Jacob) as mentioned in the Qur’ān. In all these cases, the consequences of the application of strict analogy have figured significantly in the decision and the decision preferred was one that had more healthy consequences for the people. 11.3. Istis.h.āb (Presumption of Continuity) The word istis.h.āb means the continuance of companionship. Technically it means the presumption of continuance of an earlier rule or its continued absence. In this sense it means the maintenance of a status quo with respect to the rule. The previous rule is accepted, unless a new rule is found that goes against it. As an easy reference one may refer to istis.h.āb al-h.āl as the “accompanying rule.” In reality, istis.h.āb al-h.āl is not a source of law nor is it a source for establishing new rules; it is merely a set of presumptions. Home Page The following general principles form the basis of istis.h.āb: 1. ék AK. B @ Z AJ B @ ú¯ É B @ —The original rule for all things is permissibility, that is, the presumption is that all things are permitted, unless prohibited by the sharı̄‘ah. This rule applies to beneficial things alone, like food, drink and benefitting from all good things. It is known that spilling blood without JJ II justification is prohibited. The taking of wealth without a legal right is prohibited. Indulging in sex without lawful permission is prohibited. In general, the commission of any act that is injurious to another is prohibited, like defamation and all kinds of falsehood. This narrows down the scope of Page 152 of 433 this principle. It is for this reason that some of the H . anafı̄s are considered to maintain the opposite principle: Õç' Q jJ Ë @ Z A J B @ ú¯ É B @ (the presumption is that all things are prohibited, unless the sharı̄‘ah permits them). If we assume that most beneficial things are originally permitted, it means Full Screen that they have been permitted by the Lawgiver. Can the state today prohibit some of these things? It is obvious that the evidence to do this must come directly from the sources of Islamic law. This shows that the principle may have some problems. Quit 2. éÓYË@ , also called barā‘ah as.lı̄yah. This principle means that there is no presumption è Z @QK. ÉB@ of liability against anyone, and all liability has to be proved. This principle is more of a procedural nature and places the burden of proof on the person making a claim. 3. ½ Ë A K. È ð QK B(certainty does not give way to doubt). This means that once a thing is ® J Ë@ established beyond doubt, it can only be set aside through an equally certain evidence. If a person is sure that he has performed ablution and later doubts this he is presumed to be ritually pure till he is certain that he is not. The above principles highlight the different ideas associated with the principle of istis.h.āb. To use istis.h.āb to establish a new rule is a grave mistake according to al-Sarakhsı̄. Istis.h.āb al-h.āl, he says, is the name for the continued following of a h.ukm that had been established through a valid evidence. Where there is no such h.ukm, the principle of istis.h.āb does not apply. 11.3.1. Istis.h.āb al-h.āl and the Islamization of laws Title Page The law obtaining in Pakistan is based on the English law. It is the practice of some institutions to say Contents that where a direct evidence is not found to show that the law is against the Qur’ān and Sunnah it will be accepted as valid. According to this reasoning some people can be heard saying that only 5% of the JJ II laws need to be changed, because they clash with the texts and the rest should be accepted as Islamized. J I In the same spirit, perhaps, the Council of Islamic Ideology says that they have reviewed a large number of laws. Page 153 of 433 The principle of istis.h.āb requires that the continuance of a rule is conditional upon the fact that it was originally established by an evidence from the sharı̄‘ah. Does the acceptance of existing Western laws, on the grounds that they are not repugnant to the Qur’ān and the Sunnah, enough to justify their validity? Full Screen Will it not be better if each and every law on the statute book is justified ab initio on the basis of the sources of Islamic law? Will this not help in the application of these laws by the judiciary who deal in general principles as well as rules? It is, therefore, suggested that the CII should publish its legal reasoning Quit underlying recommendations. 11.4. Mas.lah.ah Mursalah (Extended Analogy) Mas.lah.ah is defined in its literal sense as “the acquisition of manfa‘ah (benefit) or the repulsion of mad.arrah (injury, harm).” In the technical sense it means “the preservation of the the purposes of Islamic law in the settlement of legal issues.” The purposes of the law are interests recognized by the sharı̄‘ah. Mas.lah.ah mursalah is also referred to as istidlāl mursal or simply istidlāl. 11.4.1. Illustrations of mas.lah.ah mursalah The jurists provide a number of examples to elaborate the meaning of mas.lah.ah mursalah. Some of these are listed below: 1. The compilation of the Qur’ān after the death of the Prophet (p.b.u.h.). Although the Prophet had indicated the order of the sūrahs, he had not given the orders for its compilation in book form. The Home Page Companions were, therefore, not sure whether this should be done, because it was something that the Prophet had not done himself. They decided that it was essential to gather it and compile it in the “interest of the preservation of dı̄n.” History has shown that this was a very wise decision. Contents 2. The rule for murder (qatl ‘amd ) provided in the texts was that one life could be taken for one life by way of retaliation. It was not clear whether a number of persons could be subjected to qis.ās. when JJ II they participated in killing a single person. Hadhrat ‘Umar decided that all of them should be put J I to death. This rule it is said was based on the “preservation of life,” which is a purpose of Islamic law. This is strengthened by the words of the Qur’ān: “In retaliation there is life for you.” ‘Umar is Page 154 of 433 reported to have said (in this decision) that if all the people of Sana had conspired to kill a single person he would put all of them to death. 3. The rule for artisans accepting goods from people for doing work on such things was that they were Full Screen not required to show negligence if the thing was destroyed. The burden of proving negligence was on the customer. The artisans started misusing this facility. The Companions, therefore, decided to change the rule. After this decision, if a thing was destroyed in the hands of the artisans, the artisan Quit would be required to show that there was no negligence on his part. The decision is based upon the need to “preserve the wealth of the community.” 4. Al-Ghazālı̄ has stated that on the basis of mas.lah.ah mursalah it is permitted to the ruler to impose taxes if the coffers are empty and he needs money for jihād or for preserving the security of the Muslim Ummah. 5. There is no penalty in the Qur’ān for drinking of wine. In the Sunnah the traditions vary, with some providing 80 lashes and others 40. Hadhrat ‘Alı̄ (R) fixed the penalty at 80 on the analogy of qadhf. 11.5. Sadd al-Dharı̄‘ah (Blocking the Lawful Means to an Unlawful End) The word dharā’i‘ is the plural of dharı̄‘ah (means to an end). It is the means to an end irrespective of the end being lawful or unlawful, beneficial or harmful. The term sadd al-dharı̄‘ah, however, means “blocking the lawful means to an unlawful end.” As compared to this, the term fath. al-dharı̄‘ah is also used, which means “permitting the unlawful means to a lawful end.” The principle of sadd al-dharı̄‘ah is attributed to Imām Mālik. Some modern writers insist that its use Home Page can be seen in the rulings of most schools. The principle is not concerned with unlawful acts, because those are prohibited anyway. It is concerned with lawful acts that may be prohibited as they lead to unlawful results. For example, the cultivation of Contents poppy has been banned in many countries, because it is leading in most cases to the production of opium and heroin, which is a deadly drug that is being misused. Here an act that was basically lawful has been JJ II declared unlawful. This prohibition in the terminology of the jurists would be called sadd al-dharı̄‘ah or the “blocking of lawful means to an unlawful end.” The question would be: Is the end unlawful according to the sharı̄‘ah? Page 155 of 433 Although the jurists have deemed sadd al-dharı̄‘ah to be an independent principle, there is no reason why it cannot be considered part of mas.lah.ah mursalah. 11.6. Opinion of a Companion (Qawl al-S.ah.ābı̄) A Companion, according to most jurists, is someone who saw the Prophet (p.b.u.h.), believed in him, supported him and was in association with him for some time so that he could understand something of the ways of the sharı̄‘ah from him. After the death of the Prophet (p.b.u.h.), it was the Companions who interpreted the law and developed it where needed. They undertook ijtihād, issued rulings, settled cases and became source of guidance for later generations. The main issue faced by the jurists under this source is whether the opinion of a Companion is to be preferred over analogy (qiyās) undertaken by a later jurist? In general, the H . anafı̄s maintain that if there is a clash between the opinion of a Companion and analogy, the analogy is to be given up and the opinion of the Companion is to be followed. The Shāfi‘ı̄s uphold that it is not binding on the jurist to give up analogy, he may or may not do so at his discretion. Al-Sarakhsı̄, the H . anafı̄ jurist, has the following to say: In the opinion of a Companion there is a chance that it is based on a narration of the revelation. It appears from their practice that if one of them possessed a text, he would either narrate it or he would base his opinion on it. There is no doubt that the opinion in which there is a chance of transmission from the Prophet (p.b.u.h.) (the possessor of the revelation) is to be preferred over mere opinion. It is in this context that the preference of the opinion of the Companion over opinion is analogous to the preference of a khabar wāh.id over analogy. And even if their Title Page view was based upon analogy, their view is stronger than all who are not Companions. The reason is that they were witness to the practice of the Prophet (p.b.u.h.) in the elaboration of the ah.kām and they saw the events that were the cause of revelation. It is on this basis that JJ II their view is to be preferred over the view of those who did not witness any of these things. The second area in which the H . anafı̄s maintain that it is binding to follow the opinion of a Companion is where the Companion is talking about quantities, numbers and periods. The reason is that analogy has no role to play in this area, and most jurists are agreed that the opinion of a Companion is to be followed. Go Back Al-Sarakhsı̄ points out that it is for this reason that the opinions of Companions have been considered binding in the following cases (examples): Full Screen • The rates of zakāt. Close • The determination of the amount of dower. Quit • The determination of the minimum and maximum for the period of menstruation. • The determination of the post-natal period. • The determination of the maximum gestation period. Those who do not consider the opinion of a Companion to be binding maintain that they are under an obligation to follow the Qur’ān and the Sunnah, as well as those sources that are indicated by these two primary sources. These primary sources have not asked us to follow the opinion of a Companion as a source of law. Al-Sarakhsı̄ maintains that there is no dispute that the opinions of the Tābi‘ūn are not binding in the sense that analogy should be given up in their preference. If one of them holds an opinion contrary to the consensus of the Companions, his opinion is not given weight in opposition to theirs. 11.7. Earlier Scriptures (Shar‘ Man Qablanā) The meaning of shar‘ man qablanā is the body of rules ordained by Allah for the nations before the Muslim Title Page Ummah through revelation to their Prophets and Apostles. Muslim jurists have differed somewhat about the relationship of such laws with the sharı̄‘ah, as well as about their binding force for the Muslims. Contents Some maintained that it was abrogated by our sharı̄‘ah, while others said that those parts that were not abrogated are binding on us. 11.7.1. Types of earlier laws 1. Rules that have been repeated in the Qur’ān or the Sunnah and made obligatory. These texts themselves provide the evidence about the binding nature of the laws and we do not have to refer to the earlier scriptures. These laws are binding on us just as they were binding on the earlier Full Screen nations. Example: Fasting during Ramad.ān [Qur’ān 2 : 183]. 2. Rules that have been described in the Qur’ān or in the Sunnah, but are considered abrogated. Rules about carrion, blood, flesh of swine and the like. 3. Rules that are not mentioned in the Qur’ān and the Sunnah, but are found in the earlier Scriptures. There is no dispute that these are not binding on us. 4. Rules that are mentioned in the Qur’ān and the Sunnah, but there is no evidence whether or not they are to be followed. The example given by some jurists under this heading is that of qis.ās. (retaliation). There is, however, ample evidence in the texts that it is binding on us. This shows that the real source for all such rules are the Qur’ān and the Sunnah, and they become binding on the Muslims when these primary sources grant the authority. To elaborate the basis for not accepting the rules in the earlier Scriptures, Al-Sarakhsı̄ makes the following statement: The most authentic statement in our view is that what is confirmed as an earlier law through the Book of Allah, or the elaboration by the Prophet (p.b.u.h.), becomes a law for us, unless it is abrogated. As for what is transmitted by the People of the Book or is understood by the Home Page Muslims from their Scriptures is not binding on us, because of the established evidence that Title Page they altered their Books. Their transmission is, therefore, not accepted on the assumption that what is transmitted is entirely changed. Contents 11.8. Custom (‘Urf ) The earlier jurists make only a passing reference to custom, and they have never considered it as a source of law. In modern times, under the influence of Western jurisprudence, some writers have given more Page 158 of 433 importance to custom as a source of law. Custom has been a source of law, but in a limited sense. This Go Back will be obvious from the discussion below. The word ‘urf is usually associated with the word ma‘rūf (good) in the texts. In this sense, it is what Full Screen the sharı̄‘ah considers to be good, and not what human reason or the prevalent practices consider to be good. If some of these practices are approved by the sharı̄‘ah, then, they are acceptable to the law. The process of approval, prior to acceptance, is necessary. Quit 11.8.1. Types of ‘urf There are different ways of classifying ‘urf, and each classification is intended to bring out its nature. ‘Urf is divided first into ‘urf qawlı̄ (usage) and ‘urf fi‘lı̄. 1. ‘Urf qawlı̄. The first type, or usage, may be analysed into the following types: (a) The meaning of terms during the period of the Prophet (p.b.u.h.). This is the usage that was prevalent during the time of the Prophet. The meaning assigned to words at that period is used to understand the true intention of the Lawgiver. (b) Technical terms of the law or ‘urf shar‘ı̄. The jurists usually employ the term ‘urf shar‘ı̄ to denote the technical sense that a term may have acquired in Islamic law. This technical meaning is usually different from the literal meaning in which the term is used. Thus, the word .salāt means any type of prayer or supplication, but in the technical sense it means the entire form of the prayer that has been transmitted from the Prophet (p.b.u.h.). The word ribā literally means excess and in general usage it means “interest” in the sense of sūd in Urdu, but Title Page in the technical sense it has a much wider and comprehensive meaning assigned to it by the Sunnah. For legal purposes, it is the ‘urf shar‘ı̄ that has to be followed. (c) Usage in a local area for purpose of transactions. It is obvious that people using languages JJ II other than Arabic, undertake their transactions in their own language. Islamic law will recognize the meaning in such usage, but only if it conforms with the forms prescribed by the law, that J I is, if such use of words achieves the same purpose as the one prescribed. If it does not, the law will declare it fāsid. In other words, such usage has to be measured against the permitted rules before it can become permissible. It will not be recognized automatically. Go Back It is obvious that none of these can be called a source of law in the sense that we understand custom Full Screen to be a source in Western law. 2. ‘Urf fi‘lı̄. This is of two types: (a) The practices prevalent during the period of the Prophet (p.b.u.h.). These practices were either approved by the Prophet (p.b.u.h.), either expressly or tacitly, or they were rejected. As such they became part of the Sunnah. The source of the law here was not custom, but the Sunnah, even though customs and practices did provide the raw material. Each practice was subjected to the norms of the sharı̄‘ah by the Prophet himself, and was either accepted or rejected. (b) Practices during the later periods. These practices were faced by the jurists like new instances or cases and each one of them was subjected to scrutiny by the jurists. The jurists either justified these practices in the light of the principles of Islamic law or rejected them in the light of the same principles. No practice could automatically be approved just because it was a long standing custom. We see from the above that though custom may provide the raw material to be considered by the jurist, no practice or custom can automatically be accepted as law. It has to be analysed and Islamized before it may be accepted. It may be noted that even in Western law, customs become law only when they Home Page are recognized by courts as such, and recognition means weighing them against the rest of the law for compatibility. Title Page 11.8.2. Can the Western laws obtaining in Pakistan be treated as custom? It has been suggested by some that all the laws prevalent in Pakistan may be treated as ‘urf (custom) and thus declared valid. The idea behind this suggestion is that customs attain automatic validity just by J I being called customs. The idea is used by those who maintain that only five percent of the law needs to be changed for purposes of Islamization and the rest should be left untouched. This is not correct. Each prevalent law must be treated as a new case and be analysed in the light of the principles of Islamic law. Go Back It is not sufficient to say that there is nothing in the Qur’ān and the Sunnah that clashes with a certain law, that is, the law has passed the repugnancy test. This way the law will not develop further on Islamic Full Screen lines. Each law must be shown to be valid according to a principle of Islamic law. The Courts will then be able to develop the law and the principles further. 11.9. Islamic Law and Roman Law A number of Orientalists have suggested that Islamic law has borrowed considerable details from Roman law. Foremost among them have been Max Weber and Joseph Schacht, and more recently Crone. The answer to this is that all civilizations borrow something from other civilizations; the same is true of legal systems. While considering this issue the following points may be kept in mind: 1. First, even Roman law has borrowed many things from earlier civilizations. Many of these civiliza- tions flourished in areas that later came under Muslim rule. Even the Jewish law borrowed many things from the areas now called Iraq and Iran, because the Jews after the diaspora lived in these areas and the Babylonian Talmud was written there. When the jurists of this area accepted Islam, it was natural that they would benefit from their knowledge. 2. Secondly, the human mind works in the same way and there is no reason why legal concepts cannot Home Page be developed in different systems independently. The true nature of these concepts depends on the material to which they are applied. Title Page 3. Thirdly, we have seen in the discussion of ‘urf above that all new concepts or rules must be subjected Contents to the Islamization test before being absorbed into the end. This what the jurists did and the same is being done today or should be done. JJ II Mas.lah . ah and the Maqās.id al-Sharı̄‘ah As Islamic law attained maturity, the principle of mas.lah.ah based upon the maqās.id al-sharı̄‘ah (the Home Page purposes of Islamic law) grew to envelope all the rational sources of Islamic law. Accordingly, each rational source is today considered part of the larger doctrine of mas.lah.ah and the principle is considered the most important and the most comprehensive instrument of ijtihād for the modern times. We will, therefore, Contents consider it in a little more detail here. The meaning of mas.lah.ah is discussed first and is followed by a description of the purposes of Islamic JJ II law or the maqās.id al-sharı̄‘ah. J I 12.1. The Meaning of Mas.lah.ah (Interest) Page 162 of 433 The words mas.lah.ah and manfa‘ah are treated as synonyms. Manfa‘ah means “benefit” or “utility,” that Go Back is, it leads to some kind of benefit. In its literal meaning mas.lah.ah is defined as èQå ÜÏ @ © ¯ Xð é ª ® J ÜÏ @ I Ê g (jalb al-manfa‘ah wa-daf‘ al-mad.arrah) or the seeking of benefit and the repelling of harm. If this literal meaning is pursued further it will lead to something similar to the principle of utility expounded by Jeremy Bentham, which means securing the maximum human happiness. Manfa‘ah (benefit or utility), however, Quit is not the technical meaning of mas.lah.ah. What Muslim jurists mean by mas.lah.ah is the seeking of benefit and the repelling of harm as directed by the Lawgiver. The seeking of utility in Islamic law is not dependent on human reason and pleasure. Al-Ghazālı̄, therefore, defines mas.lah.ah as follows: As for maslah.ah, it is essentially an expression for the acquisition of manfa‘ah (benefit) or the repulsion of mad.arrah (injury, harm), but that is not what we mean by it, because acquisition of manfa‘ah and the repulsion of mad.arrah represent human goals, that is, the welfare of humans through the attainment of these goals. What we mean by mas.lah . ah, however, is the preservation of the ends of the shar‘.1 12.2. Islamic Law and the Interest of Man The main issue underlying the discussion of mas.lah.ah is whether the Lawgiver laid down laws in the interest (mas.lah.ah) of Man? If this is true, can the interest of Man be an independent source of laws? Is Man free to determine his own interest, or is it predetermined by the Lawgiver? This issue is extremely important for ijtihād and the framing of new laws in the present times. The reason is that in the absence of a direct and express evidence in the Qur’ān and the Sunnah, laws are to be framed in the light of the Title Page interest (mas.lah.ah) of Man as determined by the Lawgiver. The majority of the Muslim jurists agreed that the Lawgiver lays down laws in the interest of Man. Contents There have been some voices against this idea too, notable among them being the objections of the illustrious Imām al-Rāzı̄ (d. 606). He gave extremely powerful arguments against this idea.2 Al-Rāzı̄ did concede though that whenever we consider the laws and the interests of Man, we find them lying side by J I side, or existing together, yet we cannot establish a causal relationship between them, that is, the laws are laid down because they serve the interest of Man. The problem may be explained in a simple way. Take the case of a factory producing something. The sole purpose of the existence of this factory is the Go Back this product or to create it on time, or to create a product that is more useful. The factory does not exist Full Screen Al-Ghazālı̄, al-Mustas.fā min ‘Ilm al-Us.ūl, Baghdad, 1294 (A.H.), vol. 1, 286. laid down primarily to ensure an effective production of goods, though the laws may indirectly serve the Is Man the final product of this universe created by Allah, or is the purpose of this universe something larger, larger than Man? What! Are ye the more difficult to create or the heaven (above); (Allah) hath constructed it. if the purpose of the creation of the universe is something other than Man as may be understood from Title Page the above verse, then, is Man in the position of the worker, a servant of Allah (‘abd Allah), who is to be rewarded if he performs well and punished if he misbehaves? The laws in this case would appear to be Contents interest alone. Thus, there would be a causal relationship between the laws and the interest of Man. J I causal relationship. The majority of the jurists, therefore, agree that mas.lah.ah or the interest of Man may Go Back be employed for the derivation of new laws. This in no case means that the Muslims are free to make laws in accordance with whatever they deem to be their interest. The interest of Man is determined by Full Screen the Lawgiver Himself, and there is a determined methodology for identifying this. The jurists have taken great pains to lay down this methodology in a way that the laws derived through it may still be termed as the ah.kām of Allah. This methodology is based entirely on an understanding of the purposes of the Quit sharı̄‘ah and their interaction with the general principles of this law. We will, therefore, confine ourselves to the explanation of the maqās.id al-sharı̄‘ah in this chapter. 12.3. Maqās.id al-Sharı̄‘ah or the Purposes of Islamic Law The purposes of law are divided by al-Ghazālı̄ into two types: • dı̄nı̄ or purposes of the Hereafter. • dunyawı̄ or purposes pertaining to this world. Each of these is divisible into tah..sı̄l or securing of the interest and ibqā’ or preservation of the interest. Tah..sı̄l is the securing of a benefit (manfa‘ah) and ibqā’ is the repelling of harm (mad.arrah). The phrase ri‘āyat al-maqās.id (preservation of the maqās.id ) is used to indicate both tah..sı̄l and ibqā’.3 The worldly purposes (dunyawı̄) are further divided into four types: the preservation of nafs (life), the preservation of nasl (progeny), the preservation of ‘aql (intellect), and the preservation of māl (wealth). Each worldly purpose is meant to serve the single dı̄nı̄ purpose. When all types are taken together, we Home Page find the ultimate purposes of the law arranged in the following way: 1. D. arūrāt (necessary interests). Necessary interests are those without the protection of which there Contents would anarchy and chaos in society. The absence of protection for these interests would mean the loss of everything that we hold dear. These prized social interests are five in number: JJ II (a) Preservation and protection of religion (h.ifz. ‘alā al-dı̄n). J I (b) Preservation and protection of life (h.ifz. ‘alā al-nafs). Page 165 of 433 (c) Preservation and protection of progeny (h.ifz. ‘alā al-nasl ). (d) Preservation and protection of intellect (h.ifz. ‘alā al-‘aql ). Go Back (e) Preservation and protection of wealth (h.ifz. ‘alā al-māl ). Full Screen 2. H. ājāt (supporting needs). The second type of interests are called h.ājāt or supporting interests re- Close quired by the necessary interests for their smooth operation and implementation. If these supporting interests are not protected by the law there would be hardship and loss in the performance of social Quit Al-Ghazālı̄, Shifā’ al-Ghalı̄l, 186–87. functions. This means that the primary or necessary interests would not be lost, but there would be considerable friction and difficulty in their protection. The examples of these interests given by jurists pertain mostly to exemptions granted by the law. For example, the exemptions available due to illness or journey in case of worship serve these interests, just like the contract of salam (advance payment) works as an exemption to facilitate transactions. The necessary interests do not depend on these exemptions or supporting needs, but their operation is facilitated. 3. Tah.sı̄nāt (complementary interests). These interests provide additional rules that lead to the moral and spiritual progress of the individual and society. Examples are: voluntary .sadaqah and many ethical and moral rules (like the command not cut trees or to kill animals during war). In reality, the tah.sı̄nāt tell us that there is a moral shell around the necessities and supporting needs provided by the sharı̄‘ah. Thus, morality goes hand in hand with the law and there is no separation as may be found in Western law. 12.4. What is Beyond the Purposes? If we move beyond the ultimate values recognised as the purposes of the law, we reach the area of weaker Contents attributes, which are also used by the jurists for extending the law. This is the area of the ashbāh. These too are organised in the form of the particular and the general. This is the area of the probable or .zannı̄ JJ II maqās.id. Thus, the purpose beyond these purposes could be the building of civilisation, security, the maintenance of equality, freedom, and many other values that are preserved and protected by each society and they Page 166 of 433 are expressed as the aims of justice in Western law.4 The Muslim jurists did not deal with such values, because they are probable and do not fall in the area of certain rationality. An attribute depicting such values is called was.f ba‘ı̄d or a distant value; it is distant in comparison with the d.arūrāt, each of which Full Screen is a was.f qarı̄b or near value. Bodenheimer, Jurisprudence, 196. 12.5. Maqās.id al-Sharı̄‘ah and the Texts The purposes of Islamic law have been determined from the texts through a process of induction (istiqrā’ ) rather than through deduction. This is the reason why the maqās.id are considered definitive (qat.‘ı̄), and can be relied upon without a doubt, and the same pattern is to be found in the other details of the sharı̄‘ah. Jurists quote a large number of verses of the Qur’ān to show how the ultimate purposes are indicated by the texts. 12.6. The Nature and Structure of the Maqās.id The structure of the maqās.id is understood by appreciating the relationship of the primary purposes among themselves, and their relationship with the secondary and supporting purposes. As the maqās.id are designed to ultimately serve the interests of the Hereafter, it is this relationship that may be examined 12.6.1. Primary purposes in the service of the Hereafter The first purpose of the sharı̄‘ah is to secure the interest of Man that pertains to the Hereafter. It is for this reason that the purposes are divided into dı̄nı̄ or purposes of the Hereafter and dunyawı̄ or purposes restricted to this world. The worldly purposes, in combination, seek to preserve and protect the interest J I of Dı̄n. Al-Ghazālı̄ says that the second purpose, which is the preservation and protection of life, may be Page 167 of 433 considered by some to have a higher priority than dı̄n, because without life there would be no religion. This Go Back argument takes collective life into consideration, and in this sense it would also hold true for the intellect too, because the existence of ‘aql is considered by jurists to be a condition of taklı̄f (legal obligation). He Full Screen points out, however, that some provisions of the law clearly support the superiority of the interest of Dı̄n. For example, the interest of Dı̄n is preferred when the subject is asked to give up his life in the way of Allah, that is, for jihād. The relationship of the necessities or the primary purposes is seen through the Quit following figure: Al-Shāt.ibı̄ devotes three of the thirteen rules, in which he discusses the relationship among the pur- Page 168 of 433 poses, to the discussion of the Hereafter. The most important point he makes in this context is that the identification of the interests of Man has not been left to the whims and fancies of human beings, that is, to human reason, because all the purposes seek to establish and maintain life in this world to serve the Full Screen interests of the Hereafter. He also discusses the concept of utility and points out that benefits and harms are relative; they may Close vary from individual to individual, and from one situation to the other. If harm and benefit cannot be established directly from the texts, then, it is to be linked to what is usually considered beneficial or harmful. The general rule that he derives is that since the maqās.id serve the interests of the Hereafter the determination of what is beneficial and what is harmful cannot be left to human reason. He seeks support from a number of Qur’ānic verses. One of these is: Ó ð áî D¯ á P B @ð H @ñÒË @ H Y®Ë Ñë Z @ñë @ mÌ '@ ©J.K @ ñËð And if the Truth had followed their desires, verily the heavens and the earth and whosoever is therein had been corrupted. [Qur’ān 23 : 71] In his view, the role of human reason begins after the sharı̄‘ah has laid down the essential principles.5 The first of the thirteen rules he expounds is devoted to this point. The primary purpose of the sharı̄‘ah, then, as indicated already, is to free Man from the grip of his own whim and fancy, so that he may become the servant of Allāh by choice, just as he is one without it.6 The preservation and protection of Dı̄n is intended by the Lawgiver to achieve this. Home Page 12.6.2. The two faces of the maqās.id Perhaps the most important feature of the maqās.id is their dual thrust. Al-Ghazālı̄ discusses this dual nature in detail in his book called Jawāhir al-Qur’ān.7 This point has been ignored by almost all the later JJ II jurists, except for al-Shāt.ibı̄. The dual feature of the maqās.id is evident in the use of the terms ibqā’ and h.ifz., which we may J I call preservation and protection. Al-Shāt.ibı̄ considers these the two aspects of h.ifz.. The first he says Page 169 of 433 is “what affirms its elements and establishes its foundations.”8 The second is “what repels actual or expected disharmony.”9 The focus of later jurists, and hence that of modern scholars, has been on the Go Back aspect of protection alone. Each purpose, however, has a positive or aggressive aspect and a negative or Al-Shāt.ibı̄, al-Muwāfaqāt, vol. 2, 48. Ibid., vol. 2, 38, 168. Al-Ghazālı̄, Jawāhir al-Qur’ān (Beirut: Dār Ihyā’ al-‘Ulūm, 1985), 32-35 Quit Al-Shāt.ibı̄, al-Muwāfaqāt, vol. 2, 8. defensive aspect. From the positive aspect, the interest is secured by establishing what is required by the sharı̄‘ah through each of its maqās.id. Thus, the interest of Dı̄n is secured by the creation of conditions that facilitate worship and establish the other essential pillars of Islam. The interest of life is secured by creating conditions for the existence of life. The interest of progeny is supported by facilitating and establishing family life. The interest of intellect is secured by promoting the means for the growth of the intellect. The interest of wealth is secured by creating proper conditions for the growth of wealth.10 Dı̄n Life Family Intellect Wealth +ve Establish Establish Establish Establish Establish -ve Defend Defend Defend Defend Defend From the defensive or the protective aspect, interests are secured by preventing the destruction or cor- ruption of the positive aspect. Thus, jihād is prescribed for defending Dı̄n, while prayer, fasting, pilgrimage, and zakāh help establish it. It is the duty of the imām to ensure proper conditions for both, while it is Title Page binding upon each subject to fulfil these duties, individually and collectively. Life is preserved through the provision of sustenance and the maintenance of good health, while it is protected or defended through the Contents provision of penalties for those who destroy life without legal justification. Nasl is promoted through the JJ II maintenance of healthy family life and the institution of marriage, while penalties are provided for those who would corrupt it and destroy its values. The preservation of ‘aql is achieved through the provision J I of education and healthy conditions for its growth, while penalties are provided for the consumption of substances that destroy the intellect. Preservation of wealth is achieved by encouraging its growth, while theft or misappropriation of wealth is punished through penalties. Go Back 12.6.3. Primary and secondary purposes The jurists break up the maqās.id into three levels. This has already been pointed out. The first level is that of the necessities (d.arūrāt), which have been maintained by all societies and without which the social Quit Ibid., 2, 9. structure will collapse. These are the primary maqās.id and the jurists focus mostly on these. They are supported by the supporting needs (h.ājāt). The third level is that of complementary values and norms (tah.sı̄nāt). Public Public Public Public Public Private Private Private Private Private The important point made by jurists about the significance of each level is that the primary purposes are supported by the two other levels. However, if the last two levels are abolished the primary purposes will stand by themselves. This is not true for the lower levels. The existence of h.ājāt and the tah.sı̄nāt depends upon the primary purposes and they cannot be maintained on their own. The importance of the individual purposes within the d.arūrāt is reflected in the order in which they are stated. Thus, Dı̄n has precedence over life, life has precedence over nasl, nasl has precedence over ‘aql, and ‘aql has precedence over māl. This is not all. Each of the primary purposes may divided into public and private purposes. The public purposes seek to preserve the interests of the community as whole, while the private purposes protect the rights of individuals. Again, the purposes are divisible into those securing the rights of Allāh and those preserving or protecting the rights of the individuals. There is a fine distinction between the two kinds of divisions, though many modern scholars tend to consider them identical. The distinction lies in the fact that there are three kinds of rights to be identified rather than two. These are right of Allāh, the right of the community as whole, and the right of the individual. The relationship that exists between the primary purposes may be highlighted by visualising outer shells serving or protecting the inner shell or shells. Thus, the innermost shell is represented by the preservation and protection of Dı̄n. This represents the foremost purpose of the sharı̄‘ah. The shell surrounding it is that of life, which is itself surrounded by nasl and so on. The outermost shell is that of the preservation of wealth that serves all the inner shells and is subservient to them. Home Page Each primary purpose considered to be a necessity has its own supporting needs and complementary norms. These Title Page are also to be viewed as shells, one inside the other. Con- sidering the example of prayer (s.alāt), al-Shāt.ibı̄ says that the essential parts of the prayer are its arkān (elements) and JJ II farā’id. (obligations). Whatever is besides these is meant to complete and complement it.11 The parts of prayer are dis- tributed among the maqās.id in such a way that each outer Page 172 of 433 shell forms a protective boundary for the inner shell. One who crosses the outer shell or boundary will soon demolish Go Back the inner shell. Thus, the person who gives up the nafl (su- pererogatory) prayers will soon give up the sunan, and will finally demolish the farā’id.. There are many instances in the Close law, he says, that correspond with the analogy of nafl and farā’id.. For example, even a drop of wine or a small quantity of it is prohibited, because it leads to the consumption of larger quantities, though it does not intoxicate or damage the intellect. In the same way, the ethical and moral norms hover around and protect the main and essential legal norms. The h.ājı̄ and the tah.sı̄nı̄ are, therefore, to be considered the servants of the d.arūrı̄. 12.6.4. Priorities within the maqās.id The relationships described above indicate that some purposes have a higher priority than others, that is, they would be preferred in case of a clash between two interests. This fact also highlights an important point that while deciding a legal case or while attempting to understand the position of Islamic law on an issue, one cannot look at one purpose or interest alone. There is always a clash of two or more interests. This is achieved through the machinery of organised political society that seeks to strike a compromise between the conflicting wants, desires, and claims of individuals and between the competing interests. 12.6.4.1. Rule 1: The stronger interest shall prevail The inherent strength of the interests secured by Islamic law is reflected in the order in which the maqās.id are listed by the jurists. Thus, the preservation and protection of Dı̄n, as we have pointed out earlier, has JJ II preference over the preservation and protection of life; life has a higher priority than nasl ; nasl is prior to J I ‘aql ; and ‘aql is preferred over māl. First Second Third Fourth Fifth In practice this would mean, for example, that jihād has priority over preservation of life, and if an individual is asked to participate in it and give up his life in the cause of Allāh, there is legal justification for it. Preservation of life has a higher priority than the protection of ‘aql. Therefore, if a person is facing death in a desolate place due to lack of water and the only thing available to him is wine, he is under an obligation to save his life by drinking the wine. Life has priority over māl too and it is permitted to take the property of another person without fear of penalty during a famine, if such taking results in the saving of life or lives. In the same way, the d.arūrāt have priority over the h.ājāt, which in turn have priority over the tah.sı̄nāt. 12.6.4.2. Rule 2: The public interest is prior to the private The different categories of the purposes can be understood in terms of public and private interests. When- ever a public interest is in conflict with a private interest, the public interest will prevail. The example used by the jurists is that of material handed over to artisans and craftsmen. The original rule of deposit (wadı̄‘ah) required that this material being a deposit would not be compensated by the craftsmen in case it was destroyed, and the burden of proving tort (ta‘addı̄) or negligence would be upon the customer, the owner of the property. This rule was changed to conform with the public interest, because the craftsmen were misusing the facility. The burden of proof was shifted to the craftsman, who had to show the absence Title Page of negligence. The H . anafı̄s based this change on istih.sān. The example is expected to show that the pub- lic interest requiring security of transactions and protection of property of the general public was given Contents preference over the interest of individuals, that is, the craftsmen. JJ II 12.6.4.3. Rule 3: The definitive interest prevails over the probable J I This rule has been the cause of confusion for some jurists following al-Ghazālı̄, and the confusion is Page 174 of 433 witnessed in the works of some modern scholars too. Al-Shāt.ibı̄ states very clearly that all the interests preserved and protected by the sharı̄‘ah are definitive (qat.‘ı̄). He repeats this point over and over again, and it is in fact a fundamental assumption of his work. The question, therefore, arises that if all interests are Full Screen definitive, where does the probable interest come from? The answer to this issue is that the probable goals of the law belong to the area that is beyond the purposes and has been discussed above. These purposes have not been discussed by the jurists in detail. Most of the goals like building of civilisation, maintenance Quit of security, equality, freedom and others would come under this heading. From another perspective, these goals have neither been rejected by the Lawgiver nor have they been directly acknowledged. Ijtihād and Taqlı̄d Home Page The Meaning of Ijtihād and its Modes 13.1. The Meaning of Ijtihād Home Page The literal meaning of ijtihād is the expending of maximum effort in the performance of an act. Technically, Title Page it is the effort made by mujtahid in seeking knowledge of the ah.kām (rules) of the sharı̄‘ah through interpretation. This definition implies the following: • That the mujtahid should expend the maximum effort, that is, he should work to the limits of his ability in deriving the rule so much so that he realises his inability to go any further. J I • That the person expending the effort should be a mujtahid. An effort expended by a non-mujtahid Page 176 of 433 is of no consequence, because he is not qualified to do so. • The effort should be directed towards the discovery of the rules of the sharı̄‘ah that pertain to conduct. All other types of rules are excluded. Full Screen • The method of discovery of the rules should be through interpretation of the texts with the help of the other sources. This excludes the memorization of such rules from the books of fiqh or their identification by the muftı̄. Thus, the activity of the faqı̄h, the muftı̄ cannot be called ijtihād. Quit 13.2. The Task of the Mujtahid The primary task of the mujtahid, as is evident from the above definition, is to discover the ah.kām of the sharı̄‘ah from the texts. An important fact revealed in the previous study is that the texts of the Qur’ān and the Sunnah, dealing with legal matters, are limited, while the new problems are unlimited. The task of the jurist, therefore, after a study of the primary sources, is to: • discover the law that is either stated explicitly in the primary sources or is implied by the texts, that is, literal interpretation; • extend the law to new cases that may be similar to cases mentioned in the textual sources, but cannot be covered through literal methods; and • extend the law to new cases that are not covered by the previous two methods, that is, they are neither found explicitly or impliedly in the texts nor are they exactly similar to cases found in the Home Page The three tasks mentioned above not only tell us something about the nature of the sources, the way they point to legal rules, but also highlight the manner in which interpretation of the texts or ijtihād is to take place. In other words, these tasks tell us something about the different methods or the modes of JJ II ijtihād exercised by the jurist. An understanding of the modes of ijtihād helps draw a clear line between the literal methods of extending the law and the rational methods. 13.3. The Modes of Ijtihād The jurists in general practice three types or modes of ijtihād. In reality, the activity of the jurist cannot be split up into separate modes. Ijtihād is a single seamless process, but for simplification and ease of understanding this activity is divided into three types as follows: Close 1. The first mode. In the first mode, the jurist stays as close as he can to the texts. He focuses on the literal meaning of the texts, that is, he follows the plain meaning rule. In doing so, he first tries to find explanations for difficult or unelaborated words from the texts themselves.1 He moves to o2ther sources, like the meaning of words in literature, later.2 This also depends on whether the words have been used in the texts in their literal sense or their use is figurative (h.aqı̄qah and majāz ). The text may not indicate the required meaning through a plain reading. In such a case, the jurist will use other techniques, called dalālāt, through which the implied meanings are ascertained. 2. The second mode. When the first mode of literal construction is exhausted by the jurist, he turns to syllogism, which is called qiyās. This mode is confined to strict types of analogy. These are called qiyās al-ma‘nā and qiyās al-‘illah. Certain loose forms of analogy like qiyās al-shabah or analogy of resemblance are rejected by some jurists. The reason why only strict methods of analogy are approved is again the desire of the jurist to stay close to the intention of the Lawgiver. If very loose methods are adopted the Islamic colour of the legal system may be lost. Qiyās is, therefore, designed to be a strict type of analogy and may be said to apply to the process of finding an exact parallel. Home Page The second mode of ijtihād is confined to the use of qiyās. 3. The third mode. The second mode of ijtihād is confined to the extension of the law from individual texts, while in the third mode the reliance is on all the texts considered collectively. This means that legal reasoning is undertaken more in line with the spirit of the law and its purposes rather than the JJ II confines of individual texts. The spirit of the law and its purposes can be witnessed clearly in the general principles of the legal system. The principles are used by methods like istih.sān and mas.lah.ah mursalah. The third mode Page 178 of 433 of ijtihād provides the jurist with the opportunity to generate new principles provided he observes a prescribed methodology and fulfils the conditions imposed for such legal reasoning. Go Back He looks for such explanations in the texts of the Qur’ān as well as the Sunnah. The jurist is equally concerned with the technical meanings that the words in the texts have been assigned by the texts themselves. Thus, words like .salāt, zakāt, and ribā, used in the Qur’ān have technical meanings assigned to them by the Sunnah. It is these technical meanings that are used in the law. 13.4. The Complete Process of Ijtihād It has been stated above that all three modes of ijtihād are practiced as a single seamless activity. An understanding of these modes in not enough for visualizing the total activity of ijtihād. There are some other processes involved that complete it. The following states and activities collectively depict the process of ijtihād. • The mujtahid acquires the qualifications necessary for ijtihād. • The mujtahid understands the different forms of bayān or elaboration of the texts, which is usually provided by the Lawgiver Himself, and also identifies the occasions on which such bayān is invoked. • The mujtahid exercises all three modes of ijtihād, if necessary, in his effort to derive the law from • The mujtahid understands abrogation (naskh) and identifies the occasions on which rules have been Home Page repealed by the Lawgiver. • The mujtahid exercises preference (tarjı̄h.) and reconciliation (jam‘ ) among apparently conflicting sources. Contents All these activities when combined indicate the complete process of ijtihād. To understand ijtihād fully JJ II all these processes are to be understood. 13.5. The Qualifications of the Mujtahid Page 179 of 433 The qualifications for a mujtahid appear to be a later development in the history of Islamic law. No such Go Back qualifications appear to have been prescribed during the first two centuries of the Hijrah. It is only after the time of Muh.ammad ibn Idrı̄s al-Shāfi‘ı̄, the founder of the Shāfi‘ı̄ school, that such conditions were given greater importance. Prior to this, it was the performance of the jurist in the field of Islamic law and Close his acceptance by the people, who reposed their faith in him, that he came to be accepted as a mujtahid. Nevertheless, some conditions are deemed necessary and these are listed below: Quit 1. Knowledge of the Arabic language. 2. Knowledge of al-Kitāb. 3. Knowledge of the Sunnah. 4. Knowledge of Ijmā‘. 5. Knowledge of the maqās.id al-sharı̄‘ah. 6. Aptitude for ijtihād: Another condition that some writers lay down is a natural aptitude for law and ijtihād. This is more like a God given gift than something that can be acquired. Just like a good knowledge of Arabic does not make a person a poet, the fulfilment of the above conditions will not make a person a mujtahid. 13.6. Who is a mujtahid today? In the present times, possession of all the above qualifications is not likely to bestow the status of mujtahid on a person. The reason for this is that much depends on acceptance by the people. As there are established schools today, the need for such acceptance by the people does not exist. It is for this reason that jurists Title Page like al-Sarakhsı̄, al-Ghazālı̄, and many others who may be said to possess all the qualities of full mujtahids were not granted such a status. Contents Ijtihād is primarily a legislative function, and today the state has a monopoly over legislation. An opinion issued by a mujtahid would have no significance unless it is accepted by the state and converted into law through legislation. In certain cases, the courts too may recognize an opinion and grant it weight J I in their decisions. The mujtahid in such a case would be the state and not the individual. In Pakistan today, the Council of Islamic Ideology cannot be deemed to have the qualifications of a mujtahid; its status is more like that of a muftı̄, whose opinions are not binding. The CII itself is part Go Back of the state. At the international level, the Islamic Fiqh Academy of the OIC has a similar status as its opinions are mere recommendations and are not binding on anyone. Full Screen The general rule is that an opinion derived by a mujtahid is binding on him and he is supposed to act upon it. This is only possible today in private matters; in the rest of the law, he is bound to follow the law laid down by the state. This shows that there is limited scope of ijtihād by individuals today. There Quit is, however, tremendous scope in modern times for the faqı̄h. This has been true for a sizable period of Islamic history. 13.7. Abrogation (Naskh) The literal meaning of naskh is cancelling or transferring. In its technical sense it is used to mean the “lifting (raf‘ ) of a legal rule through a legal evidence of a later date.” The abrogating text or evidence is called nāsikh, while the repealed rule is called mansūkh. All the four Sunnı̄ schools unanimously accept the doctrine of abrogation, though they may disagree on the details. Most of the independent jurists also accepted this doctrine. It may, therefore, be assumed to be a kind of consensus. The concept of “repeal” and “overriding laws” is a necessity in a legal system and Islamic law acknowledges it. Such repeal in the texts, though, could only occur during the lifetime of the Prophet (p.b.u.h.). According to al-Sarakhsı̄ the Jews did not accept this concept in their legal system. We may guess the reason for this: they had very little chance of implementing their system through a state, and their law has remained theoretical. It is only in the modern times that they have been able to establish a state. Some modern Muslim scholars, who do not appreciate the working of a legal system, have also tried to deny the doctrine of abrogation. As stated, however, it is a fact established by the unanimous agreement Title Page of the schools of law and their jurists. One of the earliest cases of repeal of an earlier command was the directive to change the direction of the qiblah from Bayt al-Maqdas to the al-Masjid al-H . arām. The repealing verse is: JJ II @ñËñ¯ ÕæJ» AÒJJ kð Ð @QmÌ '@ Yj Ï . Ö @ Q¢ ½êk. ð È ñ¯ Aë AQK éÊJ.¯ ½JJ ËñJÊ¯ Z AÒË @ ú¯ ½êk. ð IÊ®K ø QK Y¯ [1 4 4 : èQ®J.Ë @] èQ¢ Õºëñk. ð Naskh is total (kullı̄), where it may lift the entire law and substitute another one for it, or it may be partial (juz’ı̄), when the law is repealed for a certain class alone. This is what may be called the overriding Go Back of a general law by a special law. For example, a general law in the Qur’ān provides penalties for all those who falsely accuse chaste women of sexual intercourse. It then provides a special law in the case of spouses Full Screen accusing each other of unchastity. The provisions of the general law are not applicable to spouses, because the special law overrides that provision. It is generally acknowledged that Islamic law works for the interest (mas.lah.ah) of human beings. Quit Interests may keep on shifting with a change in circumstances, and the law adjusts accordingly. The law was laid down in the period of the Prophet (p.b.u.h.) gradually and in stages. The aim was to bring a society steeped in immorality to observe the highest standards of morality. This could not be done abruptly. It was done in stages, and doing so necessitated repeal and abrogation of certain laws. 13.8. The Rules of Preference (Tarjı̄h.) There is no conflict between the texts or evidences of the sharı̄‘ah. The conflict lies in the mind of the mujtahid. The primary reason for this is that he does not know the dates on which the evidences were revealed. Where the dates are known, the jurist follows the doctrine of abrogation. In case he does not know the dates, he adopts the methods of preference (tarjı̄h.) and reconciliation (jam‘ ). The rules of preference 1. The explicit meaning (nas..s) is preferred over the manifest meaning (z.āhir ). 2. The elaborated meaning (mufassar ) is preferred over the explicit meaning (nas..s). 3. The muh.kam is preferred over all other meanings. 4. The rule established through a plain reading of the text (‘ibārat al-nas..s) is preferred over one proved Title Page through an indirect implication (ishārat al-nas..s). 5. The rule established through an indirect implication (ishārat al-nas..s) is preferred over one established through its implication (dalālat al-nas..s). JJ II 6. Preference is undertaken through the power of the argument rather than through the number of J I evidences. This has some sub-rules: (a) The evidences from the Book and the Sunnah are preferred over analogy. (b) Ijmā‘ is preferred over analogy. Consensus is definitive and will be preferred over probable Go Back evidences in case of conflict. It is for this reason that al-Ghazālı̄ sates that the first thing a jurist must do is to find out if a consensus has occurred on the point under consideration. (c) A mutawātir tradition will be preferred over a khabar wāh.id. Close (d) A khabar wāh.id transmitted by a Companion who enjoys a reputation as a jurist will be preferred over another khabar wāh.id transmitted by a Companion who does not enjoy such reputation. Quit There are a large number of other rules, but the above should suffice as a representative sample. Taqlı̄d or Juristic Method Taqlı̄d, as generally understood, means following the opinion of the schools of Islamic law in matters of Home Page conduct. Thus, a H . anafı̄ follows the opinion of the H . anafı̄ school, while a Shāfi‘ı̄ follows the opinion of the Shāfi‘ı̄ school. As opposed to this, ijtihād means that the person in need of an opinion does not follow the opinion of any school, but derives the rule of conduct for himself directly from the sources of Islamic Contents law. Such a person would obviously be designated as a mujtahid, and the mujtahid must have some basic qualifications that we have studied in the previous chapters. Further, the mujtahid must follow a system of JJ II interpretation; either an established system of a school or one that he has devised for himself. All persons who cannot lay claim to the status of a mujtahid, due to the lack or requisite qualifications and skills, must follow the opinion of some mujtahid, that is, they must perform taqlı̄d. Yet, we find that in modern Page 183 of 433 times many scholars have condemned taqlı̄d, and have insisted on the necessity of ijtihād. The reason for this is that in the writings of some of the earlier jurists taqlı̄d is considered mandatory for all jurists and independent ijtihād is not permitted. This is also termed as the “closing of the gates of Full Screen ijtihād.” There have been many discussions on this issue in modern fiqh literature. In the light of these discussions, many modern scholars maintain that the doors of ijtihād were never closed and this activity Close should be carried on in the modern world, and taqlı̄d should be shunned. Do these scholars mean that every layman should interpret the sources of Islamic law for himself and should avoid following the opinions of the schools of law? Do they mean that some scholars should undertake ijtihād and the rest should follow their opinions? The word taqlı̄d is derived from qalādah, which is an ornament tied around the neck (like a necklace) or it is the strap that holds the sheath of the sword and is usually swung around the shoulders. The word qalādah is also used to mean the strap by which a piece of wood is hung from the neck of an animal; it prevents the animal from running astray, because it strikes it on the knees when it tries to run. In this sense, the word taqlı̄d carries a restriction within it, and this restriction is found in the technical meaning of the term. In its technical sense, taqlı̄d is defined by Ibn al-H . ājj as “acting upon the word of another without h.ujjah (proof or lawful authority).” There are two ways in which this definition has been understood, and has led to some confusion about the meaning and role of taqlı̄d in the present times. The first meaning is assigned by modern writers. Abdur Rahim, for example, understands it to mean the following of the opinion of another without knowledge or authority for such opinion. In other words, when a person asks a jurist for an opinion, he should not ask him about the basis for his opinion, whether Home Page it has been derived from the Qur’ān, the Sunnah or ijmā‘ or some other source; he should follow it without question. This meaning is accepted generally by most modern writers, and it is this form that Title Page they condemn. The earlier jurists do not understand the meaning of the definition in this way. According to the earlier jurists, the word h.ujjah means permission given by the sharı̄‘ah. Taqlı̄d, therefore, means following the opinion of another when the sharı̄‘ah has not given permission to do so. JJ II This meaning makes taqlı̄d unlawful, that is, whoever follows the opinion of another without permission of the sharı̄‘ah, is committing and unlawful act. Following the opinion of a jurist does not fall within this meaning of taqlı̄d. The Muslim jurists maintain Page 184 of 433 that following the opinion of a qualified jurist is permitted by the sharı̄‘ah, and does not fall within the prohibited meaning of taqlı̄d. Go Back 14.1. Taqlı̄d in the Pakistani Legal System The Constitution of Pakistan permits taqlı̄d in articles 189 & 201. These articles make the judgments of the Supreme Court binding on all courts and the judgments of the High Courts binding on courts subordinate to them. The doctrine of precedent and stare decisis are nothing more than institutionalised forms of taqlı̄d. When the lower courts follow the opinions of the higher courts they are undertaking taqlı̄d. In addition to this, laymen accept the opinions of lawyers in their daily legal problems. Likewise, the courts accept the statements of witnesses, unless their veracity is challenged. The opinions of experts are accepted in a host of other matters. The conclusion we may draw from this is that taqlı̄d is an essential principle of our daily lives and is based upon division of labour where some persons specialize in certain areas and become experts. The muftı̄ or the faqı̄h is an expert in his area and there should be no hesitation in accepting his opinion by those who are laymen in his field of specialization. Islamic Business Law and Property Home Page Property and Ownership 15.1. The Nature of Property and Ownership Home Page The word used by Muslim jurists for ownership is milkı̄yah and that used for property is māl. The term Title Page milk, however, is sometimes used for ownership and at other times for the subject-matter of ownership. 15.1.1. Ownership (milkı̄yah) and possession (milk al-yad ) JJ II Ownership (milkı̄yah or milk ) is defined by Muslim jurists as “the relationship that exists between a J I person and a thing that gives absolute control and right of disposal over it to the exclusion of others.” This definition, as it can be seen, is very close to the definition of ownership given by Savigny on the basis of Roman law. Some Muslim jurists define it as “the relationship between man and property that has been Go Back established by the sharı̄‘ah through which he exercises exclusive control and right of disposal over it as long as their is no shar‘ı̄ restriction.” This, however, does not change the essential nature of the definition Full Screen with respect to “control” and “exclusion of others.” 15.1.2. Types of ownership Quit Ownership (milk ) is classified in various ways. Some of these are given below: 1. Classification on the basis of participation. Ownership is classified on the basis of the persons participating in the ownership into three types: (a) Sole ownership. This is ownership by a single person of a particular property with all the attached rights and control. (b) Co-ownership also called sharikat al-milk. When two or more persons jointly hold prop- erty it is called co-ownership. It is treated as a kind of partnership in Islamic law and is called sharikat al-milk. Closely related to this type of ownership is the concept of mushā’, which is joint ownership in each particle of the undivided property. This concept, along with the right of pre-emption, has a bearing on the issue whether the undivided share can be sold to a stranger. Some modern scholars are trying to use it for the right to sell shares in a company. (c) Communal or public ownership. These are things that are jointly shared by the entire community including land, grass, fire. An individual does not have the right to exclude another Home Page person from such things, unless it has been converted to his personal ownership or possession through a legally valid mode of acquisition. Out of these there are certain things that do not accept individual ownership. These are fire, water, grass, air, public roads and commons. The Contents evidence for this is a tradition to the effect that all mankind are partners in three things: water, grass and fire. This does not mean that all mankind share the water that comes out of private JJ II tube-wells or the grass on private property. There are other things that can be converted to J I private ownership as is the case in gathering firewood or cultivation of barren lands. 2. Classification on the basis of corpus (‘ayn), usufruct (manfa‘ah), and use (istimtā’ ). A person may own a thing as well as the benefits flowing from it, although he may temporarily alienate Go Back the benefits through contract, like an owner renting out his house to another person or mortgaging Full Screen it as security for a debt. The H . anafı̄s do not make a distinction between the ownership of the corpus and ownership of benefits or services for purposes of ownership. Both are attached to the same thing. Close The owner may contract out the use of a thing to another, but that does not make the other person the owner. The benefit of this rule is that the other person not being the owner of the benefits does not have a right of further disposal in them. Thus, a tenant in a house cannot further sublet it. The majority of the jurists do make a distinction, with some of them distinguishing between the right to manfa‘ah and the right of intifā‘. The word istimtā‘ pertains to conjugal rights. They arise from the marriage contract. 3. Classification on the basis of complete and incomplete ownership. The word milk is also used to qualify other legal categories that are related to ownership, but are not ownership proper. The word milk or ownership is employed in three senses: milk al-raqabah (proprietary rights); milk al- yad (possession); and milk al-tas.arruf (right of disposal). Thus, milk al-raqabah is ownership proper that includes both exclusive control and the right of disposal. Possession or milk al-yad consists of exclusive control and the right to keep others out of such control, but it does not include the right of disposal. This is discussed below. The third type involves the right to dispose of property on behalf of the owner. This type of ownership belongs to the guardian, the executor and the agent and with some restrictions to the mortgagee and the bailee as well. 4. Classification on the basis of primary and incidental rights. Primary rights are associated with the property itself, while incidental rights are those that may be related to other property because of the primary rights. These incidental rights give rights to easements like the right of Contents passage (h.aqq al-murūr ), the right to flow of water (h.aqq al-majrā), the right to water (h.aqq al- shirb) and the rights of a neighbour (h.aqq al-jiwār ). The last right may also lead to the right of JJ II pre-emption. J I 15.1.3. Possession Possession (milk al-yad ) may become a means to ownership. It possesses most of the attributes of Go Back ownership—control and the right to exclude others—as against all except the original owner. It is of two types: actual physical possession (h.aqı̄qı̄) and legal possession (h.ukmı̄). In the first case, a person may be wearing his coat or holding his horse, but this is not possible for all things. When it is not possible Close to take physical possession of a thing, like possession of land, the law treats it like physical possession when there is intention to keep others out. This intention may be exhibited in various ways that the law recognizes. The intention must also be accompanied by sufficient control to keep others out. Possession in both its forms is distinguished from the right to possess. In the case of ghas.b (unlawful possession), the usurper has a right to be in possession not only against strangers, but also against the original owner, who may seek possession through due process of law. The rules appear to be somewhat similar to those for possession in Roman law. 15.2. The concepts of property (māl ) and ownership (milk ) In Islamic law, the terms milk and māl are intimately related. It is by understanding this relationship that we understand the discussions in fiqh about ownership and property. The word milk, as already stated, is sometimes applied to mean ownership and at other times to mean the subject-matter of ownership. When the word is applied to mean the subject-matter of ownership it may include the following four things: 1. Things having a corpus (body). This body can be destroyed or consumed independently of anything else. Once destroyed it may be liable to compensation. Such things qualify for being called māl according to all the jurists, unless the sharı̄‘ah specifically excludes some of these things. Title Page 2. Things generated from something that has a corpus. These are benefits that we derive from Contents the use of different things. Manfa‘ah or usufruct or services fall in this category. These benefits cannot be destroyed independently of the body from which they are generated. In other words, they have no existence independent of the corpus from which they are generated. The transactions through J I which ownership of benefits is transferred are commodate loan (i‘ārah), hire (ijārah), charitable trust (waqf ) and bequest (was.ı̄yah). Page 190 of 433 3. Things that have a body and can qualify as māl, but are not considered māl due to some technical reason. For example, a slave is owned by a person, but is not referred to as māl, Full Screen because a human being cannot be māl. 4. Pure rights that do not have a body of their own. Like the right to stipulate an option, say khiyār al-shart.. Quit The position of the schools of law on the above categories is as follows: 1. According to the H . anafı̄ school it is only things with a corpus that can qualify as māl (property). The other three are not māl, but can be the subject-matter of ownership. Benefits arise in contracts like ijārah (hire). In such contracts, the H . anafı̄s say that the corpus from which future benefits will arise is substituted in place of the non-existent benefits so that the offer and acceptance can be linked to it. They do not consider pure rights as māl. They also do not consider such incorporeal things like knowledge to have the quality of māl. 2. The Mālikı̄s and Shāfi‘ı̄s consider benefits to be māl. They do not consider pure rights to be māl, because they do not arise directly from a corpus. 3. The H . anbalı̄s consider pure rights to be māl although they have not clearly indicated this. They consider the ‘urbūn (earnest money) as legal on the basis of a solitary tradition. By acknowledging this they acknowledge the sale of options and pure rights. The OIC has preferred this tradition and opinion. Home Page We thus see that traditional Islamic law has a somewhat narrow concept of māl and does not treat in- corporeal rights, like patents and copyrights, as māl. Modern jurists, courts and the Islamic Fiqh Academy Contents of the OIC have attempted to expand the concept of property to include such rights. It may be argued that intellectual property rights cannot be placed in the category of non-existent JJ II benefits. In fact, they are benefits that have been extracted and stand packaged for use. They come closer J I to things with a corpus than do benefits. So if benefits can be sold, whatever the legal reasoning behind it, why not intellectual property rights. Page 191 of 433 The sale of options, however, is a different matter. These are pure rights that are being sold and are considered to have an intrinsic value. The acceptance of the H . anbalı̄ opinion on earnest money should open the way for the trading of options and derivatives on the commodity and stock exchanges as well as Full Screen in the world of finance generally. 15.3. The different classifications of māl Quit The jurists have classified property (māl ) in different ways for understanding the operation of the rules: 1. Marketable and non-marketable. Marketable things are those that can be converted to private property and whose use has been permitted by the sharı̄‘ah. These things are called mutaqawwam. Non-marketable things are those that cannot be converted into private property like birds in the air, air, sunshine, fish in the sea and so on. They also include those things whose sale and purchase has been disallowed by the law, like wine, swine-flesh. The second type are marketable for non-Muslims. A contract for non-marketable things is not valid. 2. Moveable and immovable. This is the classification into ‘aqār and manqūl. It has the same meaning as that in law. The classification affects many rules. For example, bay‘ al-wafā’ and shuf‘ah are applicable to immovable property. Moveable property is divided into things sold by measure of capacity, weight and count. This division for purposes of ribā is one that was followed at the time of the Prophet (p.b.u.h.). Thus, if wheat was sold by measure in those days, but was later sold by weight, the earlier classification is followed for purposes of the derivation of the rules. 3. Fungible and non-fungible. This is the division into mithlı̄ and qı̄mı̄. Fungible things are those for which a substitute can be found by weight or measure and quality. Thus, wheat and rice of a certain quality will have a substitute. Non-fungible or qı̄mı̄ property comprises those goods whose Contents similars cannot be found and have their own value, that is, their value is determined by valuation. Thus, a horse, a water-melon and a dress have no exact substitute in the market. The fungible goods JJ II need only be mentioned in a contract by weight or measure and quality, but non-fungible goods have J I to be examined at the time of the contract. Further ribā does not run in non-fungible goods. The term ‘urūd. is generally considered to apply to moveable property, but the way al-Sarakhsı̄ has used Page 192 of 433 it gives the impression that it is being used for goods called qı̄mı̄. 4. Consumable and non-consumable. Currency, food and the like are consumed when used. Non- Full Screen consumable goods like a house, a horse for riding and the like are not consumed by use. Again, ribā does not run in non-consumable goods. Close General Principles of Contract 16.1. Function of Contracts in Islamic Law Home Page Contract law in any system ensures the parties to private agreements that any promises they make will Title Page be enforceable through the machinery of the legal system. This principle is stated clearly in the Qur’ān: “O ye who believe! Fulfil your agreements,” [al-Mā’idah: 1] “And mention in the Book, Ismā‘ı̄l, he used to keep his promises,” [Maryam: 45] “Those who keep their promises when they make them,” [al-Baqarah: JJ II 177] “I too promised, but I failed in my promise to you.” [Ibrāhı̄m: 22 This is the statement by Satan]. There are many traditions that convey similar meanings. Islamic law of contract, in addition, is governed J I by the following general principles: Page 193 of 433 1. The Prohibition of Ribā. Go Back 2. The Prohibition of Gharar (Uncertainty Leading to Dispute). 3. Principle of Liability for Loss and Entitlement to Profit. This principle is stated in a tradition of the Prophet: al-kharāju bi’d.-d.amān. It means that profit or revenue belongs to the person who Close bears the liability for loss of the profit generating source, that is, risk of loss. 4. Principle of Unjustified Enrichment. This principle is called akl al-māl bi’l-bāt.il. It is based upon a verse of the Qur’ān: “Do not consume your wealth among yourselves through unlawful means.” 16.2. The Meaning of ‘Aqd The literal meaning of the term ‘aqd is joining, knot, tie, and conjunction. In this sense, it is called an agreement. The Qur’ān has used this term in the same meaning: “O ye who believe! Fulfil your agreements.” There are two ways in which a contract has been defined in its legal or technical sense. There is a strict or narrow meaning of ‘aqd and a wider and more general meaning. In the narrow meaning a contract, or an agreement enforceable at law, is defined as: “The union of the declaration of one of the contracting parties with that of the other in a shar‘ı̄ (legal) manner, the result of which is reflected in their subject matter.”1 In its wider sense, a contract is defined as iltizām or any statement or word that has the effect of legally binding a person to fulfil an obligation or to perform a duty. The Majallah upholds the meaning of iltizām for the word contract, which is the state of being legally bound through an act or statement. The latter definition is more suitable for purposes of a theory of contracts, but the narrower definition is used here to draw some important distinctions. This narrower definition tells us what the requirements are for an agreement to change into an enforceable contract. These are: existence of an agreement; existence of the subject-matter (mah.all) or consideration; parties must have contractual capacity (ahlı̄yah); the contract Title Page must be legal; there must be genuine assent; and the contract must be concluded in the prescribed form. These six conditions emerge from the definition. The first four are treated as the elements or arkān of	cc/2021-04/en_head_0017.json.gz/line900
__label__wiki	0.729715	0.729715	Who Are the Real Ahle Sunnah ABDUL HAMEED Who are the real Ahl al-Sunnah ? СохранитьСохранить «Who Are the Real Ahle Sunnah» для последующего чтения 75 просмотров266 страниц Dua Al Qanoot Taskheer e Mahr Wo Qahr - Aamal e Hizbul Bahar Story Time - Part 5 by Baitul Ilm Trust The Holy Quran Proves the Truths JustDuaIt Murawwaja Quran Khawani Ki Shari Hesiyat by SHEIKH ABDUR RAUF SAKHARVI Fudayl Ibn Ayadh Benefits of Surahs Tafseer Through the Sunnah Story of Rajab Call to Righteousness Sayyidul Istighfar 33 Letters of Qibla Hadrat Sahib Ramadan in Dar Al Mustafa Habib Umar Amp Prayer Book Dua Qunoot Tahajjud Prayer Ruqyah With Transliteration - English The Shi'ah are (the real) Ahl al-Sunnah Dr. Muhammad Tijani al-Samawi Translated from the Arabic by Yasin T. al-Jibouri Published by: Pyam-e-Aman P.O. Box 390 Bloomfield, New Jersey 07003, U.S.A. An effort of the Ahlul Bayt Digital Islamic Library Project team Introduction and Foreword All Praise is due to Allah, Lord of the Worlds, and peace be upon the greatest among the prophets and messengers, our master and leader Muhammad, and upon his righteous and pure progeny. The Messenger has said, "To Allah, the ink of the scholars is superior to the blood of the martyr." It is, therefore, incumbent upon every scholar or writer to write for people what he sees as beneficial for their guidance, what socially binds them together, and what unites them for a common cause and takes them out of the darkness into the light. A martyr seeking Allah's Pleasure invites to the truth and sets the foundations of justice. Yet he may not bear any impact except on his contemporaries. A reader, however, may be influenced by his contemporary scholar whose book remains a beacon of guidance, generation after generation, till Allah sends His Guardian for the earth and of everyone on it. Everything diminishes through spending except knowledge: it multiplies by giving. The Messenger of Allah has also said, "If Allah were to guide through you even one man, it surely is better for you than everything upon which the sun and the moon shine," or "better than the life of this world and everything in it." How many writers died centuries ago, and whose bones turned into ashes, yet their thoughts and knowledge survived through their books which are printed hundreds of times across the centuries, guiding people to success?! Since a martyr is alive with his Lord, receiving sustenance, a scholar who causes people to receive guidance is likewise alive with his Lord and with the servants of the Lord who think well of him, praying and seeking Allah's forgiveness for him. As far as I am concerned, I am not among the scholars, nor do I put forth such a claim, and I seek refuge with Allah against being conceited. Rather, I am a servant of the scholars, relishing their legacy, savoring it, following in their footsteps like a servant following his master. Since Allah inspired me to write my book Then I Was Guided, I received a great deal of encouragement from many readers and researchers, so I followed it with my second book With the Truthful, which was also well received. I was, hence, encouraged to continue my research and investigation; therefore, I wrote the third volume, namely Ask Those Who Know[5], in defense of Islam and the prophet of Islam to dispel the allegations against him, and to uncover the plot against him and his pure progeny. I received many letters from the Arab and Islamic world carrying the readers' affection, loyalty, love and expressions of brotherhood. I was invited to attend many intellectual conferences throughout the world organized by Islamic establishments in the United States of America, the Islamic Republic of Iran, Britain, India, Pakistan, Kenya, West Africa and Sweden. Whenever I met a group of educated youths and intellectuals, I found them appreciating my works and seeking more knowledge. They asked me, "Do you have anything new forthcoming? Are you writing any new book?" I praised Allah, therefore, and thanked Him for this success. I implored to Him to grant me more of His Attention and Guidance. I solicited His help to write this book which I now place before Muslim researchers and which revolves in the same orbit circled by the three previous books. I hope it will benefit some educated people and those who seek the truth: perhaps they will come to know that the party being targeted for attacks, the one referred to as "Imamite Shi`ites," is the one that will attain salvation, and that they, i.e. the Shi`as, are followers of the true and authentic Sunnah, that is, the Sunnah with which Muhammad was entrusted to convey according to the revelation of the Lord of the Worlds. He surely does not say anything out of his own desire; rather, his is only a revelation. I will explain to the readers the fact that the identification label used by those who oppose and disagree with the Shi`as, that of "Ahl al-Sunnah wal Jama`a," i.e. followers of the Sunnah and consensus, has little to do with the Sunnah of Prophet Muhammad. How often have people lied and attributed their lies to the Messenger of Allah ? How often were his traditions, statements, and actions prohibited from reaching the Muslims on the pretext it may not be taken as Allah's speech__a pretext more feeble than a spider's cobweb?! And how many authentic traditions were discarded, disregarded, and neglected? How many fantasies and hoaxes made to appear as injunctions were wrongly attributed to the Prophet after his demise? How many of the noble personalities, whose nobility are testified by history were after him ignored, neglected, unheeded, even accused of apostasy and punished for their noble stands?! How many are the shiny and attractive labels that hide behind them apostasy and misguidance?! The Lord of Honors and Dignity has described the above in the very best way when He said, "And among men is one whose speech about the life of this world causes you to wonder, and he (even) calls upon Allah to testify to what is in his heart, yet he is the most violent of adversaries. And when he turns back, he runs along in the land in order to cause mischief and to destroy the tilth and the stock, and Allah does not love mischief-making. And when it is said to him: Guard (your soul) against (the punishment of) Allah, pride carries him off to sinning; so, hell suffices him, and it certainly is an evil abode" (Holy Qur'an, 2:204-206). I may not exaggerate if I act upon the axiom saying, "If you reverse (an equation), you will then be right." An investigative researcher must not take anything for granted; rather, he has to reverse and remain most of the time skeptical in order to reach the hidden truth. It was in such politics that all dirty roles were played. He must not be deceived by appearances or numerical superiority, for Allah, the Most Exalted, has said in His great Book, "And if you obey most of those on earth, they will surely cause you to stray from Allah's Path; they only follow conjecture, and they only lie" (Holy Qur'an, 6:116). Falsehood may appear in the garb of truth to falsify and mislead, and this may often succeed either due to the naivete of the general public, or because of the worldly position or influence of the scheming individual(s). Falsehood may at times also appear to prevail because of the number of those who support it. The truth is patient and waits for Allah to fulfill His promise by making falsehood appear as false. Surely falsehood is often defeated in the long run. The best testimony to the above is the Qur'anic narrative relevant to the story of Jacob and his sons. The latter "came to their father in the early part of the night weeping; they said: `O father! We went racing with one another and left Joseph with our belongings, so the wolf devoured him, but you will never believe us even though we tell the truth'" (Holy Qur'an, 12:16-17). Had they indeed been truthful, they ought to have said, "And you will never believe us because we are liars." Our master Jacob, who was a prophet of Allah receiving His revelation, had no choice except to give in to their falsehood, seeking help from Allah through patience, despite his knowledge that they were liars. Said he, "Rather, your minds have made up a tale; so, patience is most fitting (for me); it is Allah (alone) Whose help can be sought (against your scheme)" (Holy Qur'an, 12: 18). What more could he have done especially since he was facing eleven men who unanimously agreed to say the same thing and who performed the hoax of the shirt and the false blood, weeping over their "missing" brother? Could Jacob reveal their lies, refute their falsehood, and rush to the well to get his beloved young son out then penalize them for their abhorrent action? No; such will be the doing of the ignorant who are not guided by Allah's wisdom. As for Jacob, he is a prophet who behaves as a wise man of knowledge about whom Allah has said: "He was, by Our instruction, full of knowledge, but most men do not know" (Holy Qur'an, 12:68). He was bound by his knowledge and wisdom to distance himself from them and say, "How great my grief for Joseph is! And his eyes became white with sorrow, and he fell into silent melancholy" (Holy Qur'an, 12: 84). Had Jacob behaved otherwise, that is, by getting his son out of the well, rebuking the others for their lies, and penalizing them for their crime, their hatred towards their brother would have intensified, and they might have even gone as far as assassinating their father, too. They might have implied the same when they said to their father, "By Allah! You will never cease remembering Joseph till you reach the last extremity of illness, or till you die!" (Holy Qur'an, 12:85). From this we may deduct that at times silence is commendable when confronting falsehood that may result in harm or an imminent peril, or when keeping quiet rather than revealing the truth serves the public's interest, even if such a service is deferred. This helps in understanding the hadith of the Prophet saying: "One who keeps silent rather than say the truth is a silent Satan." Such understanding conforms to reason and Allah's Book. And if we probe the biography of the Messenger of Allah, we will find out that there were times when he took to silence in the interest of Islam and Muslims as Sahih books narrate to us with regard, for example, to the peaceful treaty of Hudaybiya, and to other such instances. May Allah be Merciful to the Commander of the Faithful Ali who kept silent after the death of his cousin. Referring to the same, he made this famous statement: "I kept pondering whether I should fight with an amputated hand, or take to patience regarding a blind calamity wherein the adult ages and the child grows gray hair and a believer struggles till he meets his Lord; I saw that patience regarding both options was wiser; therefore, I took to patience though the eye was sore and the mouth was choking with grief." Had the father of al-Hasan not taken to silence rather than demanding his right of caliphate, thus advancing the cause of Islam and Muslims rather than that of his own, Islam, as Allah and His Messenger had outlined it, would not have survived after the demise of Muhammad. This is the fact with which most people, who always argue with us that the caliphate of Abu Bakr and Umar was right, are not familiar. They say that Ali kept silent about such caliphs, adding, as they always enjoy doing, "Had the Messenger of Allah appointed Ali as his successor in leading the Muslim masses, he would not have been right in remaining silent, since doing so would not have been appropriate at all, and one who takes to silence rather than saying the truth is a silent Satan." Such is their argument, and such is their often-played record. This clearly is an error in comprehension. Such is one who recognizes only the truth with which his whims and desires agree. Such is one who fails to realize the wisdom resulting from the outcome of that silence and its invaluable deferred benefits, were one to compare the latter with the temporal interest resulting from a revolt against falsehood supported by a great many supporters and promoters. During the incident of the Hudaybiya, the Messenger of Allah remained silent and accepted the terms of the Quraysh and the Pagans of Mecca, so much so that Umar ibn al-Khattab could not control his outrage; he asked the Messenger of Allah, "Are you not truly the Messenger of Allah?! Are we not right while they are wrong? If so, then why should we sell our religion so cheap?" Had the silence of the Prophet been negative, as it was conceived by Umar ibn al-Khattab and most sahaba who were present there and then, the truth of the matter would not have proven beyond any doubt that it was, in fact, positively in the best interest of Islam and Muslims even when such interest was not immediately served. Its positive outcomes surfaced one year later when the Messenger of Allah conquered Mecca without fighting any war or meeting any resistance: it was then that people joined the ranks of the Muslims in large numbers. It was then that the Messenger of Allah called upon Umar ibn al-Khattab and showed him the result of his having remained silent rather than demanding what was right; he showed him the underlying wisdom of his silence at the Hudaybiya. We provide such arguments only to highlight the truth which cannot be avoided: Assisted by supporters and helpers, falsehood will triumph over truth. Although Ali was with the truth, and the truth was inseparably on his side, he found neither supporters nor helpers to oppose Mu`awiyah and his lies, and because the latter had found a great many supporters to defeat the truth and subdue it. People, Imam Husayn said, are slaves of the life of this world; they give religion only their lipservice. They do not love the truth, and they incline to falsehood; the taste of the truth is bitter and hard, whereas falsehood is easy and accessible. Allah has surely said the truth when He said, "Rather; he brought the truth, but most of them hate the truth" (Holy Qur'an, 23:70). Yazid's falsehood won an apparent "victory" over Husayn's truth for the same reason. Likewise, the falsehood of Umayyad and Abbaside rulers trampled upon the truth regarding the Imams from among Ahl alBayt who were all martyred while remaining silent, preferring the interest of Islam and Muslims to that of their own. And Allah made the Twelfth Imam disappear go into occultation to protect him from the mischief of the promoters of falsehood. He took to silence and will continue to do so till the truth finds helpers and supporters. It is only then that Allah will permit him to come out to the open so that the revolution of the truth against falsehood may become universal; it will then, and only then, fill the world with justice and equity just as it is being constantly filled with injustice and iniquity. In other words, he will fill it with the truth after its being filled with falsehood. Since most people hate the truth, they become the natural supporters of falsehood. Only a small number of people remain faithful to the truth. They cannot overcome the supporters of falsehood without Allah's help manifested through divine miracles. This is recorded in the Glorious Book of Allah during all wars and battles where the supporters of the truth had to fight those who supported falsehood: "How often has a small force, by Allah's will, vanquished a big one?" (Holy Qur'an, 2:249). Those who, despite their small number, persevere while supporting the truth will be assisted by Allah, Glory to Him, with miracles. He will send them powerful angels to fight on their side. Without such a direct interference from Allah, the truth can never subdue falsehood. We nowadays are living through this painful reality: Truthful believers, those who support the truth wherein they believe, are helpless, vanquished, exiled, victimized, while the supporters of falsehood, those who disbelieve in Allah, are the rulers who hold in their hands the reins of government, wreaking havoc with the destiny, with the life and death, of their subjects. The downtrodden among the believers can never score victory in their battle against the arrogant disbelievers except with the help of Allah, the most Exalted One. This is why many traditions indicate that miracles will take place upon the reappearance of al-Mahdi. Yet this is not an invitation to apathy or idle anticipation: how can it be so while I have already indicated saying that he will not appear except when he has supporters and helpers? Suffices the truthful believers to uphold the true Islamic ideology embodied in the wilaya (authority) of Ahl al-Bayt, I mean their upholding the Two Weighty Things: the Book of Allah and the Progeny of the Prophet, so that they may be the supporters and helpers of the Awaited al-Mahdi, the best of peace and salutations be upon him and his forefathers. My success relies only on Allah; upon Him do I rely, and to Him shall I return. Muhammad al-Tijani al-Samawi (of Tunisia) [5] The translation of Tijani's book Fas'aloo Ahl al-Dhikr (so ask those who have with them the knowledge of the Qur'an) has been published under the title Ask Those Who Know by Ansariyan Publications, P.O. Box 37185/187, Qum, Islamic Republic of Iran. __ Tr. Publisher's Preface This book can best be described as an inquiry of an explorer of the truth into the delicate yet essential question of: "Who is better qualified to the claim of being a follower of Islam's Prophet in spirit and in practice?" Just as it is mandatory to follow the Qur'an, it is equally essential to follow the Prophet, peace be upon him. While the Qur'an is the Almighty's revelation, the Prophet's statements and actions, without any doubt, are also guided by the Almighty, and he cannot err: "Nor does he speak out of desire. It is naught but revelation that is revealed" (Qur'an, 53:3-4), hence the importance of taking the Sunnah (the Prophet's traditions and statements) very seriously. Both major schools of Islamic law, the Sunni and the Shi`a, differed with regard to the important issue of the spiritual as well as the temporal succession of the Prophet of Islam. This difference resulted in the Muslims' ideological division after the Prophet's death. Here is an interesting fact for your consideration: Both Sunni and Shi`a groups agree all along with regard to the importance of the Qur'an and of the Sunnah, accepting them as the bases upon which they establish the implementation of their faith. Despite this fact, however, the Sunnis arrogated to themselves the title of "Ahl al-Sunnah," or "the people of the Path," and the rest of the world passively gave in to this assumption and accepted it as a fact. In his Dictionary of Islam, Thomas Hughes[1] points out: "... hence it comes to pass that although the Shi`as, even to a greater degree than the Sunnis, rest their claims upon traditional evidence, they have allowed their opponents to claim the title of traditionists, and consequently Mr. Sale[2] and many European writers have stated that the Shi`as reject the tradition." In our times, the freedom of thought and expression, coupled with a spirit of independent inquiry, has helped men and women to free themselves from misbeliefs, whims, and superstitions. Amazingly, the distinct task of separating the truth from the myth on an issue of such a great importance, namely the question of who the genuine followers of the Sunnah of the Prophet are and who followed in his footsteps__Ali and his friends, or thesahaba (the friends of the Prophet) who opposed the Prophet's cousin after his death__had to be pioneered by the author of this book who grew up as a Sunni. After several years of independent inquiry as to who was right__Ali or his opponents__he gave up the beliefs of his ancestors and accepted the Twelve Imams of the Shi`as as his "rightly guided" leaders after the Prophet. The author of four previously published books (Pyam-e-Aman had published the English translation of his first book titled Then I was Guided), Dr. Muhammad al-Samawi al-Tijani is a great scholar and Arabist. As a student of comparative religion, he has tirelessly pursued his quest for the truth, and he continues to write what he calls, in the beginning of his first book, "a story of a journey..., a story of a new discovery... in the field of religious and philosophical schools." The question of who "Ahl al-Sunnah" are and who are not is critical to any believer, both in the context of history as well as in the practice of religion today. It is also important because those who labelled themselves as the "traditionists" viewed all others as "heterodox" in contrast to their claiming themselves to be the "orthodox." This resulted in violence and coercion as the rulers of the time used such accusations to oppress the masses as they demonstrated their power and ruthless control over their destiny. Western Islamists picked up the jargon from the writers of the "majority sect" and divided the Muslim world in their writings into "Orthodox" and "Heretical," referring to the Sunnis and the Shi`as respectively.[3] This hypothetical dichotomy is misleading and completely baseless. It is also due to the lack of understanding about the world of Islam. Western writers fail to observe that, other than the belief in the issue of Imamate, the Sunnis have far greater differences within their own four sects (or schools of thought) system compared to their differences with the Shi`as. The views of the Hanafis regarding theological questions, for example, may well coincide with those of the Shi`as while remaining in an uncompromising contradiction to many doctrines espoused by, say, the Hanbalis, the Shafi`is, or the Malikis. In sharp contrast to the evidence of "irreconcilable differences" between the four Imams who had established the afore-mentioned Schools of Sunni Thought, even with regard to issues of minor as well as major importance, a total consensus exists among the Twelve Imams of Ahl al-Bayt (People of the Prophet's House) on each and every doctrinal aspect of the faith. In his celebrated treatise titled Kitab al-milal wal nihal (the book of religions and religious sects), al-Shahristani,[4] a Muslim thinker who lived during the Medieval times, gives an account of the Muslim sects (firaq, singular: firqa) and their disagreements on four fundamental issues: Tawhid (Oneness of God and His Divine Attributes), Adl (justice), Iman (faith or conviction), and lastly Revelation, the Prophetic mission, and the right to be the leader (Imam) of the Muslim community. A revealing picture that emerges from his work shows that, unlike the usual European concept of a religious sect, the Muslimfiraq, with their different views on issues, allow a dialogue between scholars and followers of different theological persuasions. This offers hope that in the new "information era," with people coming closer to and eager to communicate with one another and ready to adapt to change, the Muslim world may achieve its homogeneous synthesis, notwithstanding the minor variants, in a not too distant future, Insha-Allah. Dr. Tijani's book, written in Arabic, is a voluminous work. We had to selectively though discreetly omit certain parts of it both to ensure economy and to make it more palatable to the English speaking readers. The first two chapters have been rewritten by Br. Yasin T. al-Jibouri in order to incorporate full accounts of important events that took place just before the Prophet's death to provide the reader with the context of the author's comments. We are grateful to Br. Yasin T. al-Jibouri (P.O. Box 5132, Falls Church, VA 22044) for translating the original Arabic text of this book into English. He, by the way, has translated, written, or edited as many as twenty-three books and is a great asset to our community. Without his help, the publication of this book may not have become possible. Our special thanks to Br. Nasir Shamsi who has so far edited fifteen of the books published by Pyam-e-Aman and persevered in reviewing and editing this book. May Allah Ta`ala reward them both on behalf of all those who will Insha-Allah benefit from this book, and on our own. Pyam-e-Aman P.O. Box 390 Bloomfield, New Jersey 07003, U.S.A. Rabi` II 1, 1416 A.H./August 27, 1995 [1] Born in Berkshire on October 20, 1822 and died in Brighton, England, on March 22, 1896, Thomas Patrick Hughes was a jurist, reformer, and novelist. He attained fame following the publication in 1857 of his novel Tom Brown's School Days. His other famous works include: Tom Brown at Oxford (which he wrote after studying at Oxford from 1842 to 1845 and which was published in 1861), A Layman's Faith (1868), and The Manliness of Christ (1879). His Dictionary of Islam was published by Rupa & Co. of Calcutta, India, in 1885. [2] Rev. George Sale is the British scholar, traveller and Arabist who, in 1734, produced one of the earliest English translations of the Holy Qur'an, a translation which remained in circulation for 127 years. __ Tr. [3] The Western Islamists misjudged, in fact exploited, the differences in the Islamic world. They tried to apply the dichotomous division of Christianity between the "Orthodox" and "Heretical" to the Muslim world. Needless to say that the Christian sects maintain totally divergent views in respect of their basic beliefs viz: Oneness of God, Sonship of Jesus and Divine Trinity. In sharp contrast, the Muslims, notwithstanding their differences on certain issues, have consensus with regard to their basic beliefs such as "Tawheed", Oneness of God, the Prophethood of Muhammad and the Finality of his Prophethood, and the Day of Judgment. [4] Nicknamed "Abul-Fath," Muhammad ibn Abd al-Kareem al-Shahristani was born in Shahristan, Khurasan, in 469 A.H./1076 A.D. and died in 548 A.H./1153 A.D. He was the most prominent Sunni historian of religions and philosophical trends in the Middle Ages. His famous book Kitab al-milal wal nihal was published in Cairo, Egypt, in 1288 A.H./1871 A.D. Identifying the Shi`as If we wish to discuss the Shi`as without fanaticism or affectation, we would say that they are the adherents of the Islamic School of Thought which respects and follows the twelve Imams from the family (Ahl al-Bayt) of the Prophet. They are Ali and eleven of his offspring. The Shi`as refer to the Prophet and the Twelve Imams regarding all fiqh(jurisprudence) issues and public dealings. They do not prefer anyone over the Twelve Imams with the exception of their grandfather, the bearer of the Message, Muhammad, the Messenger of Allah. This is briefly the true definition of the Shi`as. Disregard the allegations circulated by scandal mongers and fanatics who claim that the Shi`as are the enemies of Islam, that they believe in the "prophethood" of Ali, and that he is the one who bears the prophetic Message, or that they belong to Abdullah ibn Saba, the Jew, and that they are this and that... I have read many books and articles written by those who try very hard to "prove" that the Shi`as are kafirs (apostates), trying to excommunicate them from the Islamic creed altogether. Yet their statements are no more than sheer calumnies and obvious lies which they cannot prove or document except by quoting what their predecessors among the enemies of Ahl al-Bayt have said, in addition to the statements of the Nasibis who forced their authority on the Islamic world and ruled it by force and intimidation, pursuing the Prophet's progeny as well as those who follow them, killing and expelling them, calling them by all bad names. Among such bad names, which are often repeated in books written by the enemies of the Shi`as, is the misnomer "Rafidis," rejectionists. Any uninformed reader will instantly consider the possibility that they are the ones who rejected the Islamic principles and who did not act upon them, or that they rejected the Message of Prophet Muhammad. But the truth of the matter is quite different. They were called "Rafidis" simply because early Umayyad and Abbaside rulers, as well as evil scholars who always tried to please them, wanted to misrepresent them by attaching such a misnomer to them. Early Shi`as preferred to remain loyal to Ali, rejecting the caliphate of Abu Bakr, Umar, and Uthman, and they rejected the caliphate of all other Umayyad and Abbaside rulers. Such folks may have misled the Islamic Ummah through the help of a number of fabricators from the sahaba (companions of the Holy Prophet), claiming that their caliphate was legitimate because it was mandated by Allah, Praise be to Him. Thus did they promote the allegation that the verse saying: "O you who believe! Obey Allah, and obey the Messenger and those charged with authority among you" (Holy Qur'an, 4:59) was revealed in their regard, especially since they were the ones charged with the authority of government and obedience to them, hence, was the obligation of all Muslims. They hired those who attributed to the Messenger of Allah the following tradition: "None abandons the authority of the ruler even in as little as an inch then dies except that he dies the death of jahiliyya (pre-Islamic period of ignorance)." We thus come to realize that the Shi`as were oppressed by the rulers because they refused to pay allegiance to them and rejected their authority, regarding it as the usurpation of the right which belonged to Ahl al-Bayt. Hence, rulers across many centuries duped their commoners into believing that the Shi`as rejected Islam and desired no less than its annihilation and demise, as stated by some past and present writers and historians who claim to be men of knowledge. If we return to the game of making wrong look right, we will realize that there is a difference between those who wished to annihilate Islam and those who tried to put an end to the oppressive and corrupt governments whose norm of conduct is antiIslamic. Shi`as never abandoned Islam; rather, they opposed unjust rulers, and their objective has always been the returning of the trust to its rightful people and thus erect the foundations of the type of Islam that rules with justice and equity. Anyway, the conclusion we reached in our past researches, as outlined in Then I was Guided, With the Truthful, and Ask Those Who Know, is that Shi`as are the ones who will attain salvation because they are the ones who have always upheld the Two Weighty Things: the Book of Allah, and the Progeny of His Messenger. For the sake of fairness, some scholars from those referred to as "Ahl al-Sunnah wal Jama`ah" (followers of the Sunnah and consensus) admit this same fact. For example, Ibn Manzur says the following in his lexicon Lisan al-Arab where he defines the Shi`as: The Shi`as are the people who love what the Prophet's Progeny loves, and they are loyal to such Progeny.[6] Commenting on this statement, Dr. Sa`id Abd al-Fattah `Ashoor says, "If the Shi`as love whatever the Prophet's Progeny loves and are loyal to such Progeny, who among the Muslims would refuse to be a Shi`a?!" The age of fanaticism and hereditary enmity has gone by, and the age of enlightenment and intellectual freedom has dawned; therefore, the educated youths have to open their eyes and read the literature published by the Shi`as. They ought to contact them and talk to their scholars in order to know the truth first-hand, for how often have we been deceived by honey sweet talk and by calumnies which do not withstand any proof or argument? The world nowadays is accessible to everyone, and Shi`as are present in all parts of the world. It is not fair that a researchers studying the Shi`as should ask their enemies and opponents, those who hold different religious views from the Shi`as, about them. And what does an inquirer expect other than being told by such opponents what has always been said since the beginning of the Islamic history? Shi`as are not a secretive cult that does not reveal its beliefs except to its members; rather, their books and beliefs are published throughout the world, their schools and religious circles are open to all seekers of knowledge, their scholars hold public discussions, lectures, debates, and conferences, and they call for common grounds and try to unite the Islamic Ummah. I am convinced that fair-minded individuals in the Islamic nation who seriously research this subject will find out the truth beyond which there is nothing but falsehood. Nothing stops them from reaching such truth except biased propaganda media, false rumors circulated by the enemies of the Shi`as, or a particular erroneous practice by some Shi`a commoners.[7] Sometimes it suffices an enemy of the Shi`as to remove one false claim, or wipe out one erroneous myth, to join their ranks.[8] I recollect in this regard the incident of a Syrian man who was misled by the propaganda machine of that time. Having entered Medina to visit the grave site of the greatest Messenger of Allah, he happened to see a rider on horseback whose dignity and awe were captivating, and who was accompanied by some of his followers surrounding him from all directions, eagerly awaiting his commands. The Syrian man was quite astonished to find a man besides Mu`awiyah surrounded with such a halo of reverence. He was told that the rider was al-Hasan ibn Ali ibn Abu Talib. "Is he the son of Abu Turab, the Kharijite?!" asked he. Then he went to extremes in cursing and taunting al-Hasan, his father, and his Ahl al-Bayt. AlHasan's companions took their swords out of their scabbards and rushed to kill that Syrian, but they were stopped by Imam al-Hasan who alighted from his horse, welcomed the Syrian, and with noble manners asked him, "It seems to me that you are a stranger in these quarters, O brother of the Arabs, are you?" "Yes," the Syrian answered, "I am from Syria, and I am a follower of the commander of the faithful and the master of the Muslims Mu`awiyah ibn Abu Sufyan." Al-Hasan again welcomed him and said to him, "You are my guest," but the Syrian rejected the invitation, yet al-Hasan kept insisting to host him till he agreed. The Imam, and for the entire (three-day customary) hospitality period, kept serving him in person and being extremely nice to him. On the fourth day, the Syrian showed signs of regret and repentance on account of his past conduct towards al-Hasan ibn Ali ibn Abu Talib; he remembered how he had cursed and taunted him, while here he was so kind to him and so generous. He asked al-Hasan and pleaded to him to forgive his past conduct, and the following dialogue resulted in the presence of some of alHasan's companions: AL-HASAN: "Have you recited the Qur'an, O brother of the Arabs?" SYRIAN: "I have memorized the entire text of the Qur'an." AL-HASAN: "Do you know who Ahl al-Bayt from whom Allah removed all abomination and whom He purified with a perfect purification are?" SYRIAN: "They are Mu`awiyah and the family of Abu Sufyan." Those present there were very surprised to hear such an answer. Al-Hasan smiled and said to the man, "I am al-Hasan ibn Ali; my father is the cousin and brother of the Messenger of Allah; my mother is Fatima, Mistress of the ladies of all mankind; my grandfather is the Messenger of Allah and the master of all prophets and messengers. My uncle is al-Hamza, master of martyrs, and so is Ja`far al-Tayyar. We are Ahl al-Bayt whom Allah, Praise to Him, has purified and kindness to whom He required of the Muslims. We are the ones whom Allah and His angels blessed, ordering the Muslims to bless us. I and my brother al-Husayn are the masters of the youths of Paradise." Then Imam al-Hasan enumerated some virtues of Ahl al-Bayt, acquainting him with the truth, whereupon the Syrian could see the light, so he wept and kept kissing al-Hasan's hands and face, profusely apologizing to him for his misconduct, saying, "By Allah Who is the One and Only God! I entered Medina and none on the face of earth I hated more than you, while now I seek nearness to Allah, Praise to Him, through loving you, obedience to you, and dissociation from those who antagonize you." It was then that Imam al-Hasan turned to his companions and said, "And you wanted to kill him though he was innocent! Had he known the truth, he would not have been our opponent. Most Muslims in Syria are like him. Were they to know the truth, they would follow it." Then he recited the verse saying, "The good deeds and the bad deeds are not alike; repel (evil) with what is best, so one between whom and you there is enmity will be as if he were a warm friend" (Holy Qur'an, 41:34). Yes, this is the reality with which most people, unfortunately, are not familiar. How many are those who oppose the truth and reject it for a good portion of their lives till one day they find out that they were wrong, so they rush to repent and seek forgiveness? Everyone is obligated to seek the truth: it is said that reverting to the truth is a virtue. The problem is with those who see the truth with their very eyes and who touch it with their very hands, yet they still stand in its face and fight it for the achievement of low ends, for the sake of a fleeting life, and because of hidden grudges. About such people has the Lord of Honors and Dignity said, "It is the same whether you warn them or not; they will never believe" (Holy Qur'an, 36:10). So there is no sense in wasting time with them; rather, it is our obligation to sacrifice everything for those who are fair-minded and who truly seek the truth and exert a genuine effort to reach it. Such are the ones about whom the Lord of Honor and Dignity has said, "You can only warn one who follows the Reminder and fears the Beneficent God in secret; so announce to him forgiveness and an honorable reward" (Holy Qur'an, 36:11). Those endowed with awareness from the Shi`as everywhere are obligated to spend their time and wealth to introduce the truth to all members of the Islamic Ummah. The Imams from Ahl al-Bayt are not the exclusive privilege of the Shi`as; rather, they are the Imams of guidance of everybody. They are the light that shatter for all Muslims the darkness of ignorance. If the Imams from Ahl al-Bayt remain unknown to most Muslims, especially the educated among the "followers of the Sunnah and consensus," the Shi`as will bear the burden of such a responsibility before Allah. If there are still among people those who are apostates or atheists who are not familiar with the straight religion of Allah as brought by Muhammad, the master of all messengers, the responsibility falls upon the shoulders of all Muslims. [6] Refer to p. 189, Vol. 8, of Lisan al-Arab lexicon by Abul-Fadl Jamal ad-Din Muhammad Ibn Manzur (630 - 711 A.H./1233 - 1311 A.D.). [7] We will conclude, when we come to the end of this book, that the conduct of some Shi`a commoners discourages educated Sunni youths from continuing their research to discover the truth. [8] As did, indeed, happen to the author of this book and to many others. __ Tr. Identifying "Ahl al-Sunnah" These are members of the largest Muslim community; they represent three-quarters of the total population of the Muslims of the world, and they are the ones who refer for religious verdicts (fatawa) and for religious following of the Imams of the four sects, namely Abu Hanifah, Malik, al-Shafi`i, and Ahmad ibn Hanbal. Later in time, those called Salafis branched out of them; the characteristics of their beliefs were later revived by Ibn Taymiyyah whom they call "the one who revived the Sunnah," then by the Wahhabis whose ideology was invented by Muhammad ibn Abd al-Wahhab; theirs is the sect of the present rulers of Saudi Arabia.[9] All these call themselves "Ahl al-Sunnah," sometimes adding the word "Jama`ah" so they may be identified as "Ahl al-Sunnah wal Jama`ah." Were one to research history, it will become evident to him that anyone who belonged to what they term as "al-khilafa al-rashida," the righteous caliphate, or "al-khulafa al-rashidoon," the righteous caliphs, namely Abu Bakr, Umar, Uthman, and Ali[10], and who recognized their Imamate during their life-time, or in our contemporary time, such person belongs to "Ahl al-Sunnah wal Jama`ah." Anyone who rejects the said caliphate or considers it illegitimate, advocating the texts which prove that only Ali ibn Abu Talib was worthy of it, is a Shi`a. It will also become clear to us that the rulers, starting from Abu Bakr and ending with the last Abbaside ruler, were pleased with the "followers of the Sunnah" and in total agreement with them, and that they were angry with, and were seeking revenge against, all those who opted to follow the leadership of Ali ibn Abu Talib as well as those who swore the oath of allegiance to him and to his offspring thereafter. Based on these premises, Ali ibn Abu Talib and his followers, according to them, were not counted among "Ahl al-Sunnah wal Jama`ah," as if this term, i.e. "Ahl alSunnah wal Jama`ah," was coined to confront and juxtapose Ali and his followers. This is the major reason for the division which afflicted the Islamic Ummah following the demise of the Messenger of Allah into Sunnis and Shi`as. If we go back to analyze the underlying factors and remove the curtains, relying on the authentic historical references, we will then find out that such a distinction surfaced immediately after the death of the Messenger of Allah. Abu Bakr soon took control, having ascended to the seat of government with the help of the vast majority of the sahaba. Ali ibn Abu Talib and Banu Hashim in addition to a very small number of the sahaba who were politically weak did not accept him. It goes without saying that the ruling authority expelled the latter and banished them, regarding them as dissenting from the Islamic mainstream. It did its best to paralyze their opposition by all economic, social, and political means. It is also a well known fact that our contemporary followers of "Ahl al-Sunnah wal Jama`ah" do not realize the political dimensions of the roles played during those periods and the extent of enmity and hatred those vicious periods brought forth to isolate and expel the greatest personality in the history of humanity after the Messenger of Allah Muhammad. Our contemporary "Ahl al-Sunnah wal Jama`ah" believe that everything went in the very best possible way, and that everything still revolves in full agreement with the Book of Allah (the Holy Qur'an) and the Sunnah since the time of the "righteous caliphs," and that the latter were like angels; therefore, they respected one another, and there were no ill feelings among them nor ambition nor bad intentions. For this reason, you find them refusing all what the Shi`as say about thesahaba in general and the "righteous caliphs" in particular. It is as if "Ahl al-Sunnah wal Jama`ah" never read the history books written by their own scholars, feeling satisfied with only the praise, compliments, and admiration their ancestors lavished on the sahaba in general and on the "righteous caliphs" in particular. Had they opened their minds and vision and turned the pages of their history books, as well as the books of hadith(traditions of the Prophet [P]) available with them, seeking the truth and getting to know who is right and who is wrong, they would have changed their mind not only about the sahaba, but also about many injunctions which they regard as correct while they are not. Through this humble effort, I am trying to clarify for my brethren among "Ahl alSunnah wal Jama`ah" some facts which fill the books of history, and to briefly highlight for them the clear texts which refute falsehood and show the truth, hoping that doing so may heal the Muslims' disunity and division and bring about their unity. Contemporary "Ahl al-Sunnah wal Jama`ah," as I know them, are not fanatics, nor are they against Imam Ali or Ahl al-Bayt; rather, they love and respect them, but they, at the same time, also love and respect the enemies of Ahl al-Bayt and follow in their footsteps, thinking that "they all sought nearness to the Messenger of Allah." "Ahl al-Sunnah wal Jama`ah" do not act upon the principle of befriending the friends of Allah and dissociating themselves from the enemies of Allah; rather, they love everyone and seek nearness to Mu`awiyah ibn Abu Sufyan just as they seek nearness to Ali ibn Abu Talib. The shiny term "Ahl al-Sunnah wal Jama`ah" has dazzled them, and they are not familiar with the implications and insinuations which the most shrewd Arabs had embedded therein. If they one day come to know that Ali ibn Abu Talib is the personification of Muhammad's Sunnah, and that he is the gate leading to such Sunnah, and that they have contradicted him and he has contradicted them..., they will surely renounce their stand and research this issue very seriously, and there will be no "Ahl al-Sunnah" except those who followed Muhammad's and Ali's Sunnah. In order to come to such a conclusion, we have to unravel for them the greatest plot which played the most serious role in setting Muhammad's Sunnah aside, and in substituting it with Jahili innovations which caused the Muslims' setback and their deviation from al-Sirat al-Mustaqeem (the Straight Path), and their disunity and dissension. It also caused them at a later time to call each other apostate, and even fight one another. It thus caused their scientific and technological backwardness which led to their being invaded and occupied then subjugated, humiliated, and assimilated. Having concluded this brief survey identifying the Shi`as and the Sunnis, we have to take note of the fact that the proper noun "Shi`a" (or Shi`ites) does not imply that its adherents oppose the Sunnah, as most people are misled into thinking when they brag and say: "We are the followers of the Sunnah," implying that others are opponents of the Sunnah. This is something which the Shi`as do not accept at all; rather, the Shi`as are convinced that they, and only they, are the ones who uphold the authentic Sunnah of the Prophet especially since they have approached such Sunnah through its gate, namely Ali ibn Abu Talib; there is no gate to it other than his and, according to them, nobody can reach the Prophet except through him. We, as usual, seek neutrality in order to reach the truth while taking the dear reader from one stage to another so that we may together review some historical events. We will thus provide him with the proof and argument showing the Shi`as to be the true followers of the Sunnah as this book's title suggests, leaving to him after that the freedom to make up his mind and to comment as he pleases. [9] According to informed Saudi citizens, the population of Wahhabis in Saudi Arabia does not exceed 8%, whereas the majority are Maliki Sunnis. __ Tr. [10] It will become evident to us from forthcoming researches that "Ahl al-Sunnah wal Jama`ah" did not add the name of Ali ibn Abu Talib to the three "righteous caliphs" except at a very late period in history. The First Incident that Led to Dividing the Muslim Ummah into Shi`as and Sunnis It is the stunningly sad stand taken by Umar ibn al-Khattab and a number of other sahaba against an order by the Messenger of Allah to bring him something to record a testament for them. He promised that this would prevent their backsliding into error.[11] This Thursday Calamity is, indeed, a most tragic one. It is narrated by all authors of sahihs and sunan and is documented by all traditionists and historians. In a section dealing with the statement of the ailing Messenger (pbuh): "Get away from me," al-Bukhari records it in his Sahih,[12] relying on the authority of `Ubaydullah ibn Abdullah ibn `Utbah ibn Mas`ud. Abdullah quotes Ibn `Abbas saying that when death approached the Messenger of Allah, his house became full of men including Umar ibn al-Khattab. The Messenger of Allah said: "Let me write you something that will forever protect you against straying after me." Umar said: "The Prophet is in a state of delirium, and you have with you the Qur'an; so, the Book of Allah suffices us." Those who were present there argued among themselves, and their argument developed into a dispute. Some of them said: "Come close to the Prophet so that he may write you something that will safeguard you against straying after him," while others repeated what Umar had said. When the argument and dispute intensified in the presence of the Prophet, the Messenger of Allah said to them: "Get away from me." Ibn Abbas used to say: "The calamity, the real calamity, is what discouraged the Messenger of Allah from writing what he wished to write on account of their argument and dispute." The authenticity of this hadith is not questioned, nor is the occasion whereupon it came to be. Al-Bukhari quotes it in his treatise on knowledge on page 22, Vol. 1, of his Sahih, and it is recorded in many other books. He quotes it in several places of his Sahih. Muslim, too, quotes it at the conclusion of the Prophet's will in his Sahih on page 14, Vol. 2. Ahmad narrates Ibn Abbas's hadith on p. 325, Vol. 1, of his Musnad. It is narrated by all authors of traditions and books of history, each writer editing it yet retaining its gist, reiterating the fact that the Prophet was described as "hallucinating," or "delirious." But they also mentioned that Umar had said: "The Prophet has been delirious" just to sanitize the statement and undermine the sentiments of those who found it abominable. Supporting this fact is what Abu Bakr Ahmad ibn Abdul-Aziz al-Jawhari has said in his book Al-Saqifa where he relies on the authority of Ibn Abbas. Ibn Abbas has said, When death approached the Messenger of Allah, there were many men present at his house. One of them was Umar ibn al-Khattab. The Messenger of Allah said: "Bring me ink and a tablet so that I may write you something that will safeguard you against straying after me." Those present at his house disputed among themselves. Some of them said, "Come close and watch the Prophet write you something," while others repeated what Umar had said. When the argument and dispute intensified, the Messenger of Allah, became crossed and said: "Get away from me."[13] This proves that the traditionists who did not wish to state the name of the person who went against the Prophet's wish had nontheless quoted his statement verbatim. In a chapter on rewarding the envoys, in his book Al-Jihad wal Siyar, page 118, Vol. 2, al-Bukhari states: Qabsah narrated a tradition to us from Ibn Ayeenah, Salman al-Ahwal, and Saeed ibn Jubayr. They consecutively quote Ibn Abbas saying: "On a Thursday__what a day that Thursday was...." He burst sobbing then went on to say, "...the pain of the Messenger of Allah intensified; so, he ordered us to bring him some writing material so that he might write us something whereby we would be protected against straying after him, but people disputed, knowing that nobody should dispute in the presence of any Prophe. They said: `The Messenger of Allah is delirious.' He, therefore, said: `Leave me alone, for the pain I am suffering is more tolerable than what you are attributing to me.' He left in his will three orders: to get the polytheists out of the Arab land, to reward the envoys the same way whereby he used to reward them,' and I forgot the third one." The same hadith is narrated by Muslim at the conclusion of a chapter dealing with the will in his Sahih, and by Ahmad in Ibn Abbas's ahadith on page 222, Vol. 1, of his work, and by all other traditionists. It is obvious from this incident that Umar ibn al-Khattab was of the view that he was not bound by the Prophet's Sunnah. This explains the edicts which he issued when he became the caliph and in which he employed his own view even when it contradicted the Prophet's statements. Actually, he followed his own personal views when he contradicted clear divine texts. He thus prohibited what Allah had permitted, andvice versa. It is only natural to see that all his supporters among the sahabaharbor the same attitude with regard to the Prophet's Sunnah. The next chapters will prove to the reader that those sahabahhad in fact, and to the great misfortune of the Islamic Ummah, forsaken the Sunnah of the Prophet and adopted the Sunnah of Umar ibn al-Khattab instead. [11] It is the famous "Thursday Calamity" recorded in both al-Bukhari's and Muslim's Sahih books. [12] Al-Bukhari, Sahih, Vol. 4, p. 4. [13] Ibn Abul-Hadid, Sharh Nahjul Balagha, Vol. 2, p. 20. An Event That Led to their Divergence from the Prophet's Sunnah That was their refusal to join Usamah's army which was personally raised by the Messenger of Allah who ordered them, two days before his demise, to enlist under Usamah's leadership. They went as far as casting doubt about the wisdom of the Messenger of Allah and criticizing him for having appointed a 17-year old young man, who did not even grow a beard, as the army's leader. Abu Bakr and Umar, as well as many other sahaba, refused to join the army in the pretext of taking care of the issue of caliphate despite the Prophet's curse upon all those who would not join Usamah.[14] As for Ali and his followers, they were not assigned by the Messenger of Allah to join Usamah's army in order to circumvent dissension, and in order to thus remove the obstacle of the presence of the stubborn ones who opposed Allah's Commandment, so that they might not come back from Mu'ta before Ali was in full control of the reins of government, as Allah and His Messenger wanted him to, as a successor to the Prophet. But the shrewd Arabs among Quraysh anticipated the Prophet's plan and refused to get out of Medina. They waited till the Messenger went back to his Lord. It was then that they carried out their own scheme as they had planned, going against what Allah and the Messenger of Allah had willed; in other words, they rejected the Prophet's Sunnah. Thus does it become obvious to us, and to all researchers, that Abu Bakr, Umar, Uthman, Abd al-Rahman ibn Awf, and Abu Ubaydah Amir al-Jarrah always refused to be bound by the Prophet's Sunnah, preferring to follow their own views. They always pursued their worldly interests and desired to attain political dominance even if the price of doing so was transgression against Allah and His Messenger. As for Ali and the sahaba who followed him, they always upheld the Prophet's Sunnah and acted upon implementing it to the letter as much as they could. We have seen how Ali during that crisis carried out the Prophet's will to give him his funeral bath, prepare the coffin, perform the funeral prayers for him, and to lay him to rest in his grave. Ali carried out all these orders without being diverted by anything even though he knew that the others were racing to Banu Sa`ida's saqeefa (shed) in order to promote one of them as the caliph. He could do the same and sabotage their plan, but his respect for the Prophet's Sunnah, and his implementation thereof, dictated thae he remain by the side of the Prophet. Here we have to pause, though for a short while, to observe such great manners which Ali had learned from the Prophet. While sacrificing his position as the caliph in order to carry out the injunctions of the Sunnah, he witnessed the others rejecting the Sunnah as they sought the caliphate. [14] Read on p. 29, Vol. 1, of al-Shahristani's book Kitab al-milal wal nihal the Prophet's statement: "Allah curses whoever lags behind Usamah's army." Another Incident Juxtaposed the Shi`as versusthe Sunnis This was the very serious stand taken by most of the sahaba at Banu Sa`ida's shed which clearly contradicted the Prophet's statements appointing Ali as the caliph and which they all witnessed on the Day of the Ghadeer following Hijjatul Wada`. Despite the differences of views among the Muhajirs (Meccan immigrants) and the Ansars (Medenite helpers) with regard to the issue of caliphate, they all impudently raced with one another to forsake the Prophet's binding statements by advancing Abu Bakr to the caliphate even if it cost them perdition, thus demonstrating their readiness to kill anyone who even remotely considered opposing them, and even if he were the closest person to the Prophet.[15] This incident also underscored the fact that the vast majority of the sahaba assisted Abu Bakr and Umar in rejecting the Sunnah of their Prophet and replacing it with their own ijtihad, personal viewpoints, for they surely were in favor of ijtihad. It also distinguished from the rest of the community a Muslim minority that upheld the Prophet's statements and boycotted the allegiance to Abu Bakr, namely Ali and his Shi`as, supporters and followers. Yes; the distinct identity of each of these two groups, or parties, became apparent in the Muslim society immediately following the incidents stated before. One party attempted to respect and implement the Prophet's Sunnah, whereas the other attempted to defeat it, obliterate it, and replace it with ijtihad, a concept which attracted the majority, tempting it to be hopeful of reaching the seat of government or at least participating in it. The first Sunni party was headed by Ali ibn Abu Talib and his Shi`as, whereas the other party which advocated ijtihad was headed by Abu Bakr and Umar and most of the sahaba. The second party, led by Abu Bakr and Umar, took upon itself to crush the first one, and many measures were planned to wipe out the other opposition party such as the following: 1) Isolation of the Opposition and its Economic Paralyzation The first attempt undertaken by the ruling party was to exclude its opponents from having a free access to the sources of livelihood and finance. Abu Bakr and Umar dismissed the farmers who had been hired by Fatima to cultivate the land of Fadak[16], considering it a Muslim commonwealth rather than the sole property of Fatima as her father had stated. They also deprived her of all the rest of her father's inheritance, claiming that prophets left no inheritance. They terminated her share of the khums which the Messenger of Allah had assigned for himself and his family because they were prohibited from receiving charity. Thus did Ali become paralyzed economically: the land tract of Fadak, which used to yield excellent profits for him, was confiscated from him; he was deprived of his cousin's inheritance which, at the same time, was also the legitimate right of his wife; moreover, his share of khums was also cut off. Ali and his wife and children suddenly found themselves in need of those who could feed and clothe them, and this is exactly what Abu Bakr meant when he said to Fatima al-Zahra once: "Yes; you have the right to receive the khums, but I will fare with it just as the Messenger of Allah had fared, so that I do not let you be without food or without clothes." As we have already indicated, the companions who sided with Ali were mostly slaves who had no wealth; so, the ruling party did not fear them or their influence, for people incline to the rich and despise the poor. 2) Isolating the Opposition and Paralyzing it Socially In order to discard the opposition party headed by Ali ibn Abu Talib, the ruling party also isolated it socially. The first thing which Abu Bakr and Umar did was the removal of the psychological and emotional barrier which obligated all Muslims to respect and revere the relatives of the Greatest Messenger of Allah. Since Ali is the cousin of the Prophet and the master of the Purified Progeny, there were some among the sahaba who hated him and envied him for the favors which Allah had bestowed upon him, not to mention the hypocrites who were waiting in ambush for him. Fatima was the only offspring of the Prophet who survived him. She was, as the Messenger of Allah said, the leader of all the ladies of the world; therefore, all Muslims respected and revered her due to the status which she had earned with her father and because of the traditions which he stated about her virtues, honor, and purity. But Abu Bakr and Umar deliberately tried to remove such respect and regard from the hearts of the public. Umar ibn al-Khattab once approached Fatima's house bearing a torch of fire and threatened to burn the house and everyone inside it if its residents refused to come out to swear the oath of allegiance to Abu Bakr. In his Al-`Iqd al-Fareed, Ibn Abd Rabbih says, As regarding Ali, al-Abbas, and al-Zubayr, these stayed at Fatima's house till Abu Bakr sent them Umar ibn al-Khattab to get them out of Fatima's house. He said to him: "If they refuse, fight them." So he came bearing a torch of fire in order to burn the house on them. Fatima met him and asked him, "O son of al-Khattab! Have you come to burn our house?" "Yes," said he, "unless you accept that regarding which the Ummah has agreed."[17] If Fatima al-Zahra is the Leader of the women of all the world, as indicated in the Sahih books of "Ahl al-Sunnah wal Jama`ah," and if her sons al-Hasan and alHusayn are the masters of the youths of Paradise and the Prophet's fragrant flower in this nation are thus humiliated and demeaned to the extent that Umar swears in front of everyone to burn them and their house if they refused to swear the oath of allegiance to Abu Bakr, can anyone expect others to retain any respect for Ali ibn Abu Talib when most of them hated and envied him? After the Prophet's demise, Ali became the leader of the opposition, yet he did not have any wealth to attract people to him. Al-Bukhari indicates in his Sahih how Fatima demanded that Abu Bakr return what she had inherited from the Messenger of Allah, whatever Allah had allocated for him in Medina in addition to Fadak and the spoils of Khaybar, but Abu Bakr refused to give anything to her. Fatima, therefore, became very angry with Abu Bakr whom she boycotted and to whom she did not say a word after such unfair confiscation till she died only six months after the death of her father the Prophet. When she died, her husband Ali buried her at night. Abu Bakr did not perform the funeral prayers for her. And Ali used to be held in high esteem by the public so long as Fatima was alive, so when she died, Ali saw how people turned away from him; therefore, he sought reconciliation with Abu Bakr and allegiance to him, whereas he never did so during all those months.[18] Thus did the ruling party score a big success in isolating Ali ibn Abu Talib economically and socially, and in removing the respect people used to have for him, for they did not maintain any respect or regard for him especially following the death of Fatima al-Zahra, so much so that he was surprised to see how people's attitude towards him had changed. He, therefore, felt forced to reconcile with Abu Bakr and give his allegiance to him according to the narration of al-Bukhari and Muslim. In other words, the phrase "Ali was surprised to see how people's attitude towards him had changed," borrowing al-Bukhari's own words, provides us with a clear indication of the extent of grudge and animosity the father of al-Hasan had to face after the death of his cousin then of his wife. Some sahaba may have even taunted and ridiculed him upon seeing him in public places; this is why he was surprised and resented such an abomination. This chapter is not meant to narrate history or detail the injustices inflicted upon Ali in as much as we would like to demonstrate the bitter and painful fact: The standard-bearer of the Prophet's Sunnah, and the gate of the Prophet's knowledge, became a pariah. Ironically, those who supported the concept of deriving their own personal religious views, from those who rejected the Prophet's Sunnah, became the rulers whom the vast majority of the sahaba supported. 3) Isolating the Opposition Politically Despite enforcing a severe blockade, the confiscation of the monetary rights, and the isolation of Ali ibn Abu Talib from the society, which turned people's attention away from him as we have explained, the ruling party was not satisfied with all these measures, so it resorted to isolating Ali politically, excluding him from all apparatuses of the state and not permitting him to participate in any official position or any responsibility. Although they appointed permissive Umayyads who fought Islam during the life-time of the Prophet, such rulers kept Imam Ali away from the stage of political activity for one quarter of a century during the life-time of Abu Bakr, Umar, and Uthman. While some sahaba who were appointed governors were hoarding wealth and treasuring gold and silver at the Muslims' expense, Ali ibn Abu Talib was watering the palm trees owned by the Jews in order to earn his livelihood with the sweat of his brow. Thus did the gate of knowledge, the nation's scholar, and the standard-bearer of the Sunnah remain confined inside his house not appreciated except by a handful of the downtrodden who remained loyal to him, receiving guidance from him, and upholding his rope. During his own caliphate, Imam Ali tried in vain to bring people back to the Qur'an and the Prophetic Sunnah because they became fanatical in their support of the ijtihad which Umar ibn al-Khattab had invented, and some of them even publicly cried out: Waa Sunnata Umarah! ("O what a great Sunnah Umar has brought us!). This is not an allegation but the fact agreed upon by the consensus of all Muslims and which they recorded in their Sahihbooks and with which every researcher and man of fairness is familiar. Imam Ali used to know the entire text of the Holy Qur'an by heart and was familiar with all its injunctions. He was the first person to compile it as al-Bukhari himself testifies, whereas neither Abu Bakr nor Umar nor Uthman knew it by heart, nor did they know its injunctions.[19] Historians went as far as counting as many as seventy instances when Umar said:Lawla Ali la halaka Umar (Had it not been for Ali, Umar would have surely perished), and his own telling Abu Bakr: "May I not live in any period of time without al-Hasan's father." [15] The most glaring testimonial is Umar ibn al-Khattab's threat to burn the house of Fatima and everyone inside it. This incident is quite famous in history chronicles. [16] Fadak's story is well known in history books and so is al-Zahra's dispute with Abu Bakr. She died angry with him. This is a famous incident recorded by both Bukhari and Muslim. [17] This is stated in Volume Four of Al-`Iqd al-Fareed where the author discusses those who refused to swear the oath of allegiance to Abu Bakr. [18] Al-Bukhari, Sahih (original Arabic text), Vol. 5, p. 82 in the discussion of the Battle of Khaybar, and it is also recorded in the "Book of Itjihad" in Muslim's Sahih. [19] Umar's ignorance regarding the distribution of the legacy of a man who leaves neither parents nor offspring behind, and who has no will, is quite famous in the books of Sunnah. The same is true about his ignorance of the injunctions relevant to tayammum; these are all known to everyone as al-Bukhari indicates on p. 90, Vol. 1, of his Sahih. "Ahl al-Sunnah" are not Familiar with the Prophet's Sunnah Do not let this heading intimidate you, dear reader, for you are, by the Grace of Allah, walking on the path of righteousness so that you may in the end reach what pleases Allah, Glory and Exaltation to Him. Do not, therefore, let Satan's whispering, nor your own conceit, nor any abominable fanaticism control you or divert you from arriving at the anticipated goal, at the lost right, at the Garden of Eternity. As we have already indicated, those who call themselves "Ahl al-Sunnah wal Jama`a" are the ones who believe in the legitimacy of the four "righteous caliphs," namely Abu Bakr, Umar, Uthman, and Ali. This is known to everyone in our time. But the sad fact is that Ali ibn Abu Talib was not originally counted by "Ahl alSunnah wal Jama`ah" among the "righteous caliphs;" they did not even recognize the legitimacy of his caliphate; rather, his name was added to the list at a very late time in history: in 230 A.H./844 A.D., during the lifetime of Imam Ahmad ibn Hanbal. As for the sahaba who were not Shi`as, as well as the caliphs, kings, and princes who ruled the Muslims from the time of Abu Bakr and till the reign of the Abbaside caliph Muhammad ibn al-Rasheed al-Mu`tasim, they never recognized the caliphate of Ali ibn Abu Talib at all. Moreover, some of them used to curse him and regard him non-Muslim; otherwise, how did they justify cursing him from their pulpits?! We have already come to know how Abu Bakr and Umar treated him with excluding and expelling him from their government, then Uthman came after them to go to extremes in demonstrating his contempt for him, more than both of his friends, underestimating him to the extent that he once threatened to banish him just as he had banished Abu Dharr al-Ghifari. When Mu`awiyah became the ruler, he went to the extreme limits in cursing him and ordering people to do likewise. Umayyad rulers, therefore, were consistent in every town and village in doing so for as long a period as eighty years.[20] Actually, the cursing, charging, and dissociation from him and his Shi`as, went on beyond that. The Abbaside caliph al-Mutawakkil, for example, went as far in his hatred for Ali as desecrating his grave and the grave of his son Imam al-Husayn ibn Ali in the year 240 A.H./854 A.D. Al-Waleed ibn Abd al-Malik, who was the "commander of the faithful" of his time, delivered a sermon one Friday in which he said, "The hadith saying that the Messenger of Allah once said (to Ali, as): `Your status to me is like that of Aaron to Moses' was altered from: `Your status to me is like that of Qarun to Moses' because the listener became confused."[21] Such was the malice of these rulers against the Brother of the Prophet. During the reign of al-Mu`tasim, when there was a substantial increase in the number of atheists, apostates, and fabricators ofhadith, who ascended the seat of the "righteous" caliphate, and when people were distracted during al-Mu`tasim's time by marginal problems, in addition to the dilemma caused by Ahmad ibn Hanbal labelling the Holy Qur'an as being infinite in its pre-existence..., people blindly followed the creed of their kings, believing that the Holy Qur'an was "created." When Ahmad ibn Hanbal withdrew his theory regarding the Holy Qur'an, being apprehensive of al-Mu`tasim, he became after that quite famous among scholars of hadith[22] like a shining star. It was then decided to add the name of Ali ibn Abu Talib to the list of the "righteous caliphs." It is quite possible that Ahmad ibn Hanbal was dazzled by the authentic ahadith enumerating Ali's virtues which surfaced against the wish of the rulers of the time, especially since he is the one who has said, "Nobody among all people has received as many ahadith in his favor as Ali ibn Abu Talib." It was then that the number of the "righteous caliphs" was increased to four, and Ali's caliphate was regarded as "legitimate" after being rejected due to its "illegitimacy." The Proof: In the Tabaqat, regarded by the Hanbalis as their main reference, Ibn Abu Ya`li quotes Wadeezah al-Himsi as saying: I visited Ahmad ibn Hanbal after having added the name of Ali, Allah be pleased with him,[23] to the list of the three ["righteous caliphs"]. I said to him, "O Abu Abdullah! What you have done discredits both Talhah and alZubayr!" He said, "What a foolish statement you have uttered! What do we have to do with those folks' war, and why do you mention it now?" I said, "May Allah lead you to righteousness, we have mentioned it only after you added the name of Ali and mandated for him (of honors because) of the caliphate what is mandated to the Imams before him!" Said he, "And what stops me from doing so?" I said, "One tradition narrated by Ibn Umar." He said to me, "Umar [ibn al-Khattab] is better than his son, for he accepted (i.e. recommended) Ali's caliphate over the Muslims and listed him among the members of the (consultative) council of shura, and Ali referred to himself as the Commander of the Faithful; am I the one to say that the faithful did not have a commander?!" So I left.[24] This incident clarifies for us the fact that the narrator is the leader of "Ahl alSunnah wal Jama`ah" and their spokesman, and that they rejected Ali's caliphate because of what Abdullah ibn Umar, the Sunnis' faqih, says, a statement which alBukhari records in his Sahih. Since they claim that al-Bukhari's Sahih is the most authentic book next to the Book of Allah, it is mandatory on them to reject Ali's caliphate and not to recognize it. We have discussed this "tradition" in our book So Ask the People of Remembrance, and there is no harm in repeating it here in order to make the benefit general. In his Sahih, al-Bukhari quotes Abdullah ibn Umar saying, "During the lifetime of the Prophet, we used to regard Abu Bakr most, then Umar ibn al-Khattab, then Uthman ibn Affan, may Allah be pleased with them."[25] Al-Bukhari quotes another tradition narrated by Ibn Umar which is more frank than this one. In it, Abdullah ibn Umar says: During the lifetime of the Prophet, we did not regard anyone as being the peer of Abu Bakr, then Umar, then Uthman, then we leave the rest of the Prophet's companions without making any distinction among them.[26] Upon the premises of this "tradition," which the Messenger of Allah neither mandates nor endorses, but one which is no more than the brainchild of Abdullah ibn Umar and his biased views and well known grudge and animosity towards Ali, do "Ahl al-Sunnah wal Jama`ah" base their sect and justify their attitude as to why they did not recognize Ali's caliphate. It is through "traditions" such as this one that Banu Umayyah permitted cursing, condemning, taunting, and belittling Ali. Their rulers since the reign of Mu`awiyah and till the days of Marwan ibn Muhammad ibn Marwan in 132 A.H. ordered the cursing of Ali from the pulpits. All those who supported him or did not endorse such animosity were killed.[27] Then the Abbaside government started in 132 A.H./750 A.D. with the reign of Abul-Abbas al-Saffah [the blood-shedder]; it was then that dissociation in various means from Ali and from those who supported him continued, and the means of this dissociation varied according to the then prevailing conditions and circumstances because the Abbaside dynasty was erected on the ruins of Ahl alBayt and those who followed their line. Some rulers, if the government's interest demanded, did not publicly curse Ali but were secretly doing more than what the Umayyads did. They learned from the historic experience which highlighted the oppression to which Ahl al-Bayt and their supporters were subjected: such oppression drew the sympathy of people to them; therefore, the rulers cunningly tried to tilt the situation in their favor. They, therefore, sought to be close to the Imams from Ahl al-Bayt not out of love for them, nor recognizing their confiscated rights, but in order to contain the public uprisings which broke out near the borders and which threatened the government's very existence. This is what al-Ma'mun son of Haroun al-Rasheed had done to Imam Ali ibn Musa al-Rida. But when the government was in full control, and internal dissent was contained, it went to extremes in insulting these Imams and their Shi`as as the Abbaside caliph alMutawakkil did. He became quite famous for his hatred of Ali and for cursing him and even desecrating his grave and the grave of his son al-Husayn. It is because of these facts that we have said that "Ahl al-Sunnah wal Jama`ah" refused to recognize the legitimacy of Ali's caliphate till many years after Ahmad ibn Hanbal. It is true that Ahmad ibn Hanbal was the first person to promote this notion, but he could not convince the scholars of hadith, as we have pointed out to adopt his view due to their following in the footprints of Abdullah ibn Umar. A long time was needed to convince people of it and to let them accept Ahmad ibn Hanbal's view, a view which might have presented the Hanbalis as seeking justice and nearness to Ahl al-Bayt. This distinguished them from other Sunni sects such as the Malikis, Hanafis, and Shafi`is who were vying to gain supporters. They, therefore, had no choice except to accept the view and adopt it. As time passed by, "Ahl al-Sunnah wal Jama`ah" became unanimous in endorsing Ahmad ibn Hanbal's view, and they agreed to make Ali the fourth of the "righteous caliphs," requiring the faithful to respect him as much as they respected the other three. Is this, then, not the greatest proof that "Ahl al-Sunnah wal Jama`ah" were Nasibis who hated Ali and tried their best to belittle and disrespect him? One may ask the following question: "How can this be true while we nowadays see `Ahl al-Sunnah wal Jama`ah' loving Imam Ali and seeking Allah to be pleased with him?" We say: Yes, after the passage of time, and the death of the Imams from Ahl alBayt, the rulers had no worry, nor did they face any threat against their government, and when the dignity of the Islamic government disappeared and the Mamlukes, Moguls, and Tatars took control of it, and when the creed weakened and many Muslims were diverted with arts, singing, amusement, promiscuity, wine and concubines..., and when one generation succeeded another that lost the prayers, followed its own low desires..., when right seemed wrong and wrong seemed right, when corruption prevailed on the land and the sea..., it was then and only then that Muslims eulogized their ancestors and sung the praise of their glory. It was then that they yearned for their past history and legacy, calling them their "golden ages." The best of times, from their viewpoint, is the age of the sahaba who conquered many lands, expanded the Islamic kingdom in the east and the west, subduing the Kaisers and Caesars. It was then that they started praying to Allah to be pleased with all of them, including Ali ibn Abu Talib, became acceptable. Because "Ahl al-Sunnah wal Jama`ah" believe in their justice, all of them, they could not exclude Ali from their list of sahaba. Had they excluded him, their scheme would have become evident to everyone who is wise and who researches, so they misled the public into believing that the fourth caliph was the gate of knowledge Ali ibn Abu Talib, Allah glorified his countenance. We ask them, "Why do you then refuse to emulate him with regard to your religious and secular matters if you truly believe that he was the gate of knowledge? Why did you deliberately forsake that gate and prefer to emulate Abu Hanifah, Malik, al-Shafi`i, and Ibn Hanbal, as well as Ibn Taymiyyah, those who do not even come close to the loftiness of Ali's deeds, merits, and honorable descent, for what is the distance between the earth and Pleiades, or how can one compare the sword with the sickle, or how can one compare Mu`awiyah to Ali, if you only follow reason?" All this can be said were one to set aside all the ahadithnarrated about the Messenger of Allah mandating upon all Muslims to follow Imam Ali after the Prophet and to emulate him. Someone among "Ahl al-Sunnah" may say, "Ali's merits, his being the foremost in embracing Islam, his jihad in the cause of Islam, his deep knowledge, his great honors, and his asceticism are known to all people; rather, Ahl al-Sunnah know and love Ali more than Shi`as do." Such is the statement repeated by many of them these days. To these we say: Where were you[28], and where were your ancestors and scholars when Ali was being cursed from the pulpits for hundreds of years? We never heard, nor does history document any fact, that even one single person among them resented it or prohibited it or was killed because of his loyalty and love for Ali. Nay! We will never come across even one name among all the scholars of "Ahl al-Sunnah" who did so. Instead, they were close to the monarchs, rulers, and governors because of the allegiance they had sworn to them, because of being pleased with them, and because they issued for them verdicts legalizing the killing of all "rejectionists" who were loyal to Ali and his progeny, and such people are present even in our own time. Christians have for many centuries borne enmity towards the Jews whom they regarded as criminals. They accused them of being responsible for killing Jesus Christ son of Mary. But these Christians weakened, and the tenets of their creed disappeared, and many of them became apostates. The Church was consigned to the waste basket due to its opposing stand towards science and scientists. In contrast, the Jews gained power, and such power gained momentum when they occupied Arab and Islamic lands by force. Their influence spread in the east and the west, and they established the "state of Israel..." It was only then that Pope John Paul II met Jewish rabbis and cleared them of the crime of killing Jesus, for such are some people, and such is our time. [20] They all did so with the exception of Umar ibn Abd al-Aziz, may Allah be Merciful to him. [21] Tarikh Baghdad, Vol. 8, p. 266. [22] That is to say, such scholars belonged to "Ahl al-Sunnah wal Jama`ah." [23] Notice how the speaker says: "Allah be pleased with him," yet he refuses to accept his name to be added to the list of "righteous caliphs" and protests to Ahmad ibn Hanbal for having done so. Notice also how he says: "We have mentioned it, etc.," implying his speaking on behalf of "Ahl al-Sunnah" who had sent him to Ahmad ibn Hanbal to register their protest. [24] Tabaqat al-Hanabila, Vol. 1, p. 292. [25] Al-Bukhari, Sahih, Vol. 4, p. 191, Vol. 4, in the book of the genesis of creation in a chapter dealing with Abu Bakr's merits being next only to those of the Prophet . [26] Al-Bukhari, Sahih, Vol. 4, p. 203, in a chapter dealing with the merits of Uthman ibn `Affan in the book of the genesis of creation. [27] The only exception are the couple of years during which Umar ibn Abd alAziz ruled. He stopped the nefarious custom of cursing, but after his murder, they resumed the cursing and went beyond that to desecrate his grave. They went as far as prohibiting anyone to be named after him... [28] I have deliberately said "Where were you?" to address contemporary Muslims from "Ahl al-Sunnah wal Jama`ah," for they read in Muslim's Sahih that Mu`awiya used to curse Ali and order the sahaba to do likewise, and they do not find it objectionable. Rather, they plead to Allah to be pleased with their master Mu`awiyah to whom they refer as "the revelation's scribe." This proves that their love for Ali is not genuine at all and unworthy of being taken seriously. "Ahl al-Sunnah" and the Obliteration of the Sunnah In this chapter, we would like to explain something very important which researchers ought to deeply investigate in order to find out, beyond any shadow of doubt, that those who call themselves "Ahl al-Sunnah" in all reality have very little to do with the Sunnah of the Prophet. This is so because they, or rather their predecessors among thesahaba and "righteous caliphs," whom they emulate, and through loving for and allegiance to whom they seek nearness to Allah, took a negative stand towards the Prophetic Sunnah to the extent that they burnt that Sunnah and prohibited anyone from recording it or narrating its ahadith.[29] Moreover, we have to unveil the mean plot woven against the pure Prophetic Sunnah in order to prohibit its dissemination, and in order to kill it in its infancy and substitute it with innovations, personal views, and interpretations of the rulers and the sahaba. Early rulers did the following: FIRST: They fabricated false ahadith to support their stand to prohibit the recording of the Prophet's Sunnah and the sacred ahadith. Imam Muslim, for example, records in his Sahih what is quoted by Haddab ibn Khalid al-Azdi who cites Humam citing Zayd ibn Aslam citing Ata ibn Yasar citing Abu Sa`id alKhudri saying that the Messenger of Allah has said, "Do not record anything which I say, and whoever quotes what I tell you besides the Qur'an should erase what he writes, and [orally] narrate about me without any hesitation."[30] The purpose of fabricating this alleged "hadith" is to justify what Abu Bakr and Umar did to the Prophet's ahadith written down and recorded by a number of companions of the Prophet. This "tradition" was fabricated many years after the end of the period of the "righteous caliphs," and the fabricators, professional liars, overlooked the following issues: 1) Had the Messenger of Allah actually said so, the sahabawould have acted upon his orders (not to write traditions down), and they would have erased all traditions many years before Abu Bakr and Umar had burned them. 2) Had this tradition been authentic, Abu Bakr would have first cited it, and then Umar, in order to justify their prohibition of recording hadith, and they would have erased them, and those who had recorded them would have sought an excuse for having done so either due to their ignorance [of such a "tradition"] or to their lapse of memory. 3) Had this tradition been authentic, Abu Bakr and Umar would have had to erase all traditions, not burn them. 4) Had this "tradition" been authentic, the Muslims, who were contemporary to Umar ibn Abd al-Aziz, till our time, would have been committing the sin of disobeying the Messenger of Allah, particularly their chief, namely Umar ibn Abd al-Aziz who had ordered the scholars of his time to record hadith, in addition to alBukhari and Muslim who regarded this tradition as authentic yet they did not act upon it but wrote thousands of the Prophet's ahadith. 5) Finally, had this "tradition" been authentic, it would not have been missed by the gate of knowledge Ali ibn Abu Talib who compiled the ahadith of the Prophet in one saheefa the length of whose pieces reached seventy yards which he called aljami`a, the one that includes everything, and which we will discuss later by the help of Allah. SECOND: Umayyad rulers spared no efforts to underscore their theory that the Messenger of Allah was not protected by Allah against falling into error as is the case with all other human beings who sometimes are right and sometimes are wrong, fabricating several "traditions" to support their claim. The purpose of fabricating such "traditions" was to make sure that the Prophet used to follow his own personal views; therefore, he often erred to the extent that some of his companions had to correct him, as indicated in the incidents of palm tree pollination, the revelation of the verse referring to the issue of hijab (veil), the case of accepting fidya (ransom) from the captives seized after the Battle of Badr, in addition to many such incidents claimed by "Ahl al-Sunnah wal Jama`ah" and included in theirSahih books in support of such an attitude towards the Messenger of Allah, peace and the best of blessings be upon him and his progeny. We argue with "Ahl al-Sunnah wal Jama`ah" thus: If such is your creed and attitude towards the Messenger of Allah, how do you claim to be upholding his Sunnah, believing that you and your predecessors regarded such Sunnah as unprotected from Allah from error, even unknown and unrecorded?![31] Yet we reject these claims and false charges and are able to refute them by quoting your own references andSahih books.[32] Examples: In a chapter on recording knowledge in his Kitab al-`Ilm(Book of Knowledge) of his Sahih, al-Bukhari quotes Abu Hurayra saying, "None among the companions of the Prophet narrates more hadith than me except Abdullah ibn Umar, for he can write whereas I cannot (i.e. am illiterate)."[33] This statement clearly indicates that there were among the Prophet'ssahaba those who wrote his ahadith down. Since Abu Hurayra narrated more than six thousand traditions of the Prophet orally (because he could not write), Abdullah ibn Umar quoted more traditions of the Prophet because of his ability to write them down. Undoubtedly, there were among the sahabathose who could write the Prophet's traditions and whom Abu Hurayra did not mention because they were not famous for being so prolific. Add to the above Imam Ali ibn Abu Talib who used to spread out from the pulpit a scroll which he used to callal-jami`a in which he compiled all what people need of the Prophet's traditions, and which was inherited by the Imams of Ahl al-Bayt who often referred to it. Examples: Imam Ja`far al-Sadiq has said, "We have the saheefa; it is seventy yards long: it is the dictation of the Messenger of Allah written down in the hand-writing of Ali. Nothing permissible or prohibitive the knowledge thereof is needed by people, nor any other issue, except that it is in it, even the penalty for inflicting an offense as minor as a tiny scratch on someone's cheek."[34] Al-Bukhari himself has referred to this saheefa, which was in Ali's possession, in many chapters of his book, but he, as was quite often his habit, curtailed a great deal of information about its nature and contents. In his Kitab al-`Ilm, al-Bukhari records the following: Al-Sha`bi has quoted Abu Juhayfa saying, "I asked Ali: `Do you have a book in your possession?' He said, `No, except the Book of Allah, or some knowledge bestowed upon a Muslim man, or what this saheefa quotes of the Prophet.' I asked him, `And what is in this saheefa?' `It contains reason,' he said, `the ransoming of the captives, and that no Muslim should kill another Muslim.'"[35] In another place, al-Bukhari quotes Ibrahim al-Taymi quoting his father quoting Ali saying, "We have nothing except the Book of Allah and this saheefa which quotes the Prophet."[36] In yet another place in al-Bukhari's Sahih, the author quotes Ibrahim al-Taymi quoting his father saying, "Ali delivered a sermon once to us in which he said, `We have no book to read except the Book of Allah and what is recorded in this saheefa.'"[37] In another place of his Sahih, al-Bukhari quotes Ali saying, "We did not write down from the Prophet except the Qur'an and thissaheefa."[38] In yet another place of his Sahih, al-Bukhari says, "Ibrahim alTaymi quotes his father saying, `Ali, may Allah be pleased with him, delivered a sermon to us once from a pulpit built of baked bricks, and he was carrying a sword from which a saheefa was draping and said, `By Allah! We do not have any book to read except the Book of Allah and what is recorded in this saheefa.'"[39] Al-Bukhari, however, did not indicate that Imam Ja`far al-Sadiq had said that this saheefa was called "al-jami`a" due to the fact that it contained all what is permissible and prohibitive, and it had all what people need, even the penalty for scratching one's cheek, that it was dictated by the Messenger of Allah and handwritten by Imam Ali ibn Abu Talib. Instead, he only made a casual reference to it. He has said once that it has reason, the ransoming of the captives, and that no Muslim man should be killed on account of a non-Muslim. And once he says, "Ali spread it out, and it had a reference to camels' teeth, that Medina is not to be entered by non-Muslims, that the Muslims' security is their collective responsibility, and that if someone followed certain people without the permission of his masters..., etc." This is nothing but forgery and the adulteration of facts; otherwise, does it make sense to say that Ali wrote only those four statements on it then draped it to his sword to the extent that it was with him even whenever he preached from the pulpit, making it second only to the Holy Qur'an as his reference, telling people, "We have not quoted of what the Prophet has said except the Qur'an and what this saheefa contains"?! Was Abu Hurayra's mind greater than that of Ali ibn Abu Talib to the extent that he learned by heart one hundred thousand traditions from the Messenger of Allah without having written a single one of them down?! Strange, by Allah, is the case of those who accept one hundred thousand traditions narrated by Abu Hurayra who did not accompany the Prophet except for three years, the illiterate that he was, while claiming that Ali was the gate of the city of knowledge from whom the sahaba learned various branches of knowledge. Yet, according to them, Ali was carrying a scroll containing only four ahadith that remained with him during the Prophet's lifetime till his own caliphate, so he ascended the pulpit and it was draping from his sword...! What a big statement they make, and what lies they fabricate... Yet what al-Bukhari has recorded suffices the researchers and any discreet person especially since he mentioned that thatsaheefa contained many topics relevant to the human mind and to the Islamic intellect. Our point is not to prove or disprove what the saheefa contained, for the residents of Mecca best know its valleys, and the family members know best what their house contains, but what concerns us in this research is the fact that the sahaba were indeed writing down the traditions of the Prophet. Abu Hurayra's statement that Abdullah ibn Umar used to record the Prophet's traditions, in addition to the statement of Ali ibn Abu Talib saying, according to al-Bukhari's Sahih, "We have not quoted of what the Prophet has said except the Qur'an and what this saheefa contains," irrevocably proves that the Messenger of Allah never prohibited anyone from recording hisahadith; rather, it proves the opposite. The tradition recorded in al-Bukhari's Sahih quoting the Prophet saying, "Do not quote me, and anyone who quotes anything from me other than the Qur'an must erase it" is a false tradition fabricated by those who supported the caliphs so that they might support them. It was fabricated in order to justify what Abu Bakr and Umar and Uthman had done: the burning of Prophet's ahadith and the prohibition of the Sunnah from being disseminated. What increases our conviction is the fact that not only did the Messenger of Allah refrain from prohibiting the writing of hisahadith, but that he even ordered them to be recorded. Imam Ali, who was the closest person to the Prophet, said: "We have not quoted of what the Prophet has said except the Qur'an and what this saheefa contains." This statement is quoted by al-Bukhari in his Sahih. If we add to the above what Imam Ja`far al-Sadiq has said, that is, that al-saheefa al-jami`a was the dictation of the Messenger of Allah in the hand-writing of Ali, we will conclude by saying that the Prophet had ordered Ali to quote him. In order to dispel any doubt which may still linger in the mind of the dear reader, I would like to shed more light and state the following: Al-Hakim in his book Al-Mustadrak, Abu Dawood in hisSahih, Imam Ahmad in his Musnad, and al-Darimi in his Sunanhave all quoted a very important hadith regarding Abdullah ibn Umar to whom Abu Hurayra referred and whom he described as having written down a larger number of the Prophet'sahadith than he himself had quoted; it is as follows: Abdullah ibn Umar has said: "I used to write down whatever I heard from the Messenger of Allah, so Quraysh prohibited me from doing so saying, `Do you write everything you hear from the Messenger of Allah who is a human being talking in anger or when pleased?' So I stopped writing, then I told the Messenger of Allah about it, whereupon he pointed to his mouth and said, `Keep writing, for by the One Who holds my soul do I swear that nothing comes out of it except the truth.'"[40] This tradition clearly tells us that Abdullah ibn Umar used to write down everything he heard from the Messenger of Allah who did not prohibit him from doing so; rather, such a prohibition came from Quraysh. Abdullah did not want to identify those who prohibited him from writing what he was writing, for their prohibition contradicted what the Messenger of Allah had told him. It is also quite clear that his generally ambiguous reference to "Quraysh" means the leaders of Quraysh [who were then present in Medina], that is, theMeccan Muhajirs, immigrants, led by Abu Bakr, Umar, Uthman, Abdul-Rahman ibn Awf, Abu Ubaydah, Talhah, al-Zubayr, and all those who followed their line. We also notice that their prohibiting Abdullah took place while the Prophet was still alive: this by itself emphasizes the depth of the conspiracy and its gravity; otherwise, why should these men prohibit Abdullah from writing hadith without first consulting with the Prophet himself in this regard? This can also be understood from their statement that the Messenger of Allah was an ordinary human being who talked when angry and when pleased. It indicates how weak their belief in the Prophet was to the extent that they expected him to say something wrong, or pass an erroneous verdict, especially in the state of anger. The fact that the Prophet said the following when Abdullah ibn Umar mentioned to him Quraysh's prohibition and what they said about him, he pointed to his mouth and said, "By the One Who holds my soul do I swear that nothing comes out of it except the truth" is another proof of the Prophet's knowledge of their doubting his justice, and that they expected him to err and to utter falsehood (Astaghfirullah! [We seek forgiveness of Allah]); therefore, he swore by Allah that he said nothing except the truth. This is the accurate interpretation of the verse saying, "Surely he does not utter anything of his own desire; it is but a revelation revealed" (Holy Qur'an, 53:3-4), and that he was protected against erring or uttering falsehood. Because of all the above, we emphatically state that all "traditions" fabricated during the time of the Umayyads which implied that he was not divinely protected against erring are not authentic at all. The tradition cited above also gives us the impression that their influence on Abdullah ibn Umar was so great that he stopped writing hadith down as he himself admitted when he said, "... so I stopped writing..." He remained so till an occasion came wherein the Messenger of Allah interfered in person to dispel the doubts circulated against his infallibility and equity, the doubts which were quite often articulated even in his own presence such as their asking him: "Are you really a prophet?!"[41] or: "Are you the one who claims to be a prophet?!"[42] or: "By Allah, he did not seek in this distribution the Pleasure of Allah!"[43] or Ayesha's statement to the Prophet: "Your God is sure swift in fulfilling your desires!"[44] or her asking the prophet once to be fair..., up to the end of the list of impertinent statements which demonstrate the fact that they doubted his infallibility, believing that he was liable to be unfair, to oppress, to err, to lie...; we seek Allah's protection. He, indeed, possessed sublime morals; he was kind and compassionate as he tried to dispel such doubts by saying once, for example, "I am only a servant receiving orders from his Master," and once, "By Allah! I am kind for the sake of pleasing Allah Whom I fear," and at another time he said, "By the One Who controls my life! It utters nothing except the truth." He used quite often to say: "May Allah have mercy on my Brother Moses! He was subjected to more afflictions than this, yet he persevered." Those impertinent statements which cast doubts about the Prophet's infallibility and about his Prophethood were not made by those who were outcasts or hypocritical; rather, they were unfortunately made by very prominent companions of the Prophet, and by the Mother of the Believers, and by those who are still regarded by "Ahl al-Sunnah wal Jama`ah" as role models of conduct; so, there is no power nor might except in Allah, the Sublime, the Great. What confirms our conviction that the tradition which supposedly prohibited the recording of hadith is fabricated and was baseless, and that the Prophet never said so at all, is the fact that Abu Bakr himself used to write down the traditions of the Prophet during his lifetime. Yet when he ascended to the post of caliph, he decided to burn them for a reason with which the researchers are familiar. Here is his daughter Ayesha saying, "My father gathered the ahadith of the Messenger of Allah, and they totalled five hundred, then he spent his night sleeplessly turning on his sides. I thought that he was upset because of someone's complaint, or because of some news which he had heard. The next morning, he said to me, `Daughter! Bring me the ahadith in your possession,' so I brought them to him, and he set them on fire."[45] And here is Umar ibn al-Khattab, also upon becoming caliph, delivering a sermon one day to people in which he said, "Anyone who has in his possession a book must bring it to me so that I may tell him what I think of it." People thought that he simply wanted to verify their contents to remove from them any discrepancy, so they brought him their books whereupon he set them on fire.[46] Then he dispatched his orders to Islamic lands ordering people thus: Anyone who has any ahadith written down has to erase them.[47] This is the greatest evidence testifying to the fact that all the sahaba, had they lived in Medina or in the rest of Muslim lands, had in their possession books in which they compiled sacred ahadith of the Prophet which they had recorded during the Prophet's lifetime. They were all burnt according to the orders first of Abu Bakr then of Umar. All other books found in other lands were erased during Umar's caliphate as he had ordered.[48] Based upon the above, we cannot, nor can any sane person, believe that the Messenger of Allah had prohibited them from writing them down, having come to know that most sahabapossessed books containing traditions especially the saheefawith which Imam Ali never parted, and whose length reached seventy yards, and which he used to call al-jami`a [literally meaning: the university] because it contained all sorts of knowledge. Since the interests of the ruling authority and the dominant political line dictated the obliteration and the burning of the Sunnah and the prohibition of quoting hadith, the sahaba who supported such caliphate obeyed those orders and burnt such Sunnah and ceased quoting hadith. Thus, they left themselves and their followers no option except resorting to personal views expressed as ijtihad, or following the "sunnah" of Abu Bakr, Umar, Uthman, Mu`awiyah, Yazid, Marwan ibn al-Hakam, al-Waleed ibn Abd al-Malik, Sulayman ibn Abd al-Malik.... This continued till [Umayyad caliph] Umar ibn Abd al-Aziz came to power and asked Abu Bakr al-Hazmi to write down what he remembered of the ahadith and Sunnah of the Messenger of Allah or the "sunnah" of Umar ibn al-Khattab.[49] Thus does it become clear to us that even during the circumstances that permitted the recording of the Sunnah, a hundred years after the obliteration and prohibition of the Sunnah, we can see the moderate Umayyad caliph whose name was added by "Ahl al-Sunnah wal Jama`ah" to the list of the "righteous caliphs" ordering the compilation of the Sunnah of the Messenger of Allah in addition to the "sunnah" of Umar ibn al-Khattab, as if Umar ibn al-Khattab was a partner of Muhammad in his Prophetic mission and prophethood...! And why did Umar ibn Abd al-Aziz not ask the Imams from Ahl al-Bayt, who were his contemporaries, to give him a copy of al-saheefa al-jami`a? And why did he not put them in charge of collecting the Prophet's ahadith especially since they knew best what their grandfather had said? But verifiers and researchers know the secret. Can those traditions which were compiled by "Ahl al-Sunnah wal Jama`ah" be taken for granted especially since those who compiled them belonged to Banu Umayyah and their supporters who represent Quraysh's caliphate? Can we rely on them after having already come to know the truth about Quraysh and its attitude towards the Messenger of Allah and his purified Sunnah? It remains obvious, having come to know all of that, that the ruling authority across the centuries acted only upon the principles of ijtihad, analogy, and mutual consultation... Since the said authority had expelled Imam Ali from the stage of public life and ignored him, it had nothing against him to require him to burn what he had recorded during the Prophetic Message according to the dictation of the Prophet himself. Ali remained in possession of that saheefa in which he compiled everything people need, even the penalty for slightly scratching one's cheek. When he became caliph, he was still letting it drape from his sword as he ascended the pulpit to deliver a sermon to people to acquaint them with its importance. Consecutive stories told by the Imams of Ahl al-Bayt kept indicating that their sons inherited that saheefa from their fathers, chronologically one from another, and that they used to refer to it in order to issue religious decisions (fatawa) with regard to questions raised to them by their contemporaries who were guided by the light of their guidance. For this reason, Imam Ja`far al-Sadiq, Imam al-Rida, and many other Imams, used to always repeat the same statement in its regard. They used to say, "We do not issue verdicts to people according to our own views; had we been issuing verdicts to people in the light of our own views and according to the dictates of our own inclinations, we would surely have been among those who perish. Rather, they are legacies of the Messenger of Allah of knowledge which sons inherit from their fathers, and which we treasure as people treasure their gold and silver."[50] Imam Ja`far al-Sadiq said once, My hadith is my father's, while my father's hadith is my grandfather's, and the hadith of my grandfather is that of al-Husayn; al-Husayn's hadith is that of al-Hasan; al-Hasan's hadith is that of the Commander of the Faithful; the hadith of the Commander of the Faithful is the hadith of the Messenger of Allah, and the hadith of the Messenger of Allah is the speech of Allah, the Lord of Dignity and Greatness.[51] Based on such premises, the tradition of the Two Weighty Things (al-Thaqalain) becomes consecutively reported (mutawatir), and its text is as follows: I have left among you the Two Weighty Things: the Book of Allah and my Progeny; so long as you (simultaneously) uphold both of them, you shall never stray after me.[52] [29] Read in this regard from page 200 and beyond in my book Ask Those Who Know. [30] Muslim, Sahih, Vol. 8, p. 229, "Kitab al-Zuhd" (Book of Asceticism) in a chapter dealing with verification of hadith and the injunction regarding the recording of knowledge. [31] This is so due to the fact that recording the Sunnah was postponed till the time of caliph Umar ibn Abd al-Aziz or even thereafter. As for the caliphs and rulers who preceded him, they burnt it and prohibited anyone from writing it down or quoting it. [32] What is strange is that "Ahl al-Sunnah" often narrate one hadith and its antithesis in the same book. Yet even more strange is that they quite often follow false traditions and neglect authentic ones. [33] Bukhari, Sahih, Vol. 1, p. 36, "Kitab al-`Ilm" (Book of Knowledge). [34] Usul al-Kafi, Vol. 1, p. 239, and also on p. 143 of Basair al-Darajat. [35] Al-Bukhari, Sahih, Vol. 1, p. 36, [original Arabic text]. [36] Al-Bukhari, Sahih, Vol. 2, p. 221. [37] Al-Bukhari, Sahih, Vol. 4, p. 67, and Muslim, Sahih, Vol. 4, p. 115. [38] Al-Bukhari, Sahih, Vol. 4, p. 69. [39] Al-Bukhari, Sahih, Vol. 8, p. 144. [40] Al-Hakim, Mustadrak, Vol. 1, p. 105. Also Abu Dawud, Sunan, Vol. 2, p. 126. Also al-Darimi, Sunan, Vol. 1, p. 125, and Imam Ahmad ibn Hanbal, Musnad, Vol. 2, p. 162. [41] This statement was made by Umar ibn al-Khattab during the Treaty of Hudaybiya, and it is recorded on p. 122, Vol. 2, of al-Bukhari's Sahih. [42] This statement was made by `Ayesha daughter of Abu Bakr; see p. 29, Vol. 2, of al-Ghazali's book Ihya al-`Ulum. [43] This was the statement made to the Prophet by an Ansar companion as recorded on p. 47, Vol. 4, of al-Bukhari's Sahih. [44] Al-Bukhari, Sahih, Vol. 6, p. 24, and also Vol. 6, p. 128, of the same reference. [45] See p. 237, Vol. 5, of Kanz al-`Ummal. Refer also to Ibn Kathir's book AlBidaya wal-Nihaya as well as p. 5, Vol. 1, of al-Dhahabi's Tadhkirat al-Huffaz. [46] Ibn Sa`ad, Al-Tabaqat al-Kubra, Vol. 5, p. 188. It is also recorded in Taqyeed al-`Ilm by al-Khateeb al-Baghdadi. [47] Refer to Ibn Abd al-Birr's book Jamai` Bayan al-`Ilm. [48] Look, may Allah protect you, at such a horrible act committed by the caliphs Abu Bakr and Umar towards the Prophetic Sunnah! Imagine the greatly immeasurable loss which they inflicted upon the Islamic Ummah which very badly needed such ahadith in order to understand the Holy Qur'an and the commandments of Allah, the Most Glorified One. They were, by my life, authentic ahadith because they were direct quotations from the Prophet recorded in the absence of a second narrator. As for the "traditions" which were compiled after that period, these were mostly fabrications because dissension had already taken place, and Muslims killed one another, and they were manufactured according to the specifications provided by various oppressive rulers... [49] Malik, Al-Muwatta', Vol. 1, p. 5. [50] `Allama al-`Askari, Ma`alim al-Madrasatayn, Vol. 2, p. 302. [51] Al-Kulayni, Al-Kafi, Vol. 1, p. 53. [52] Muslim, Sahih, Vol. 5, p. 122, also al-Tirmidhi, Sahih, Vol. 5, p. 637. The Attitude of "Ahl al-Sunnah" Towards the Shi`as If we exclude some contemporary scholars who have written with fairness about the Shi`as as dictated to them by their Islamic norms of conduct, most others, in the past and the present, have been writing about the Shi`as in the mentality of hateful Umayyads. Hence, you see them in every valley frantically going around saying what they do not do, taunting and cursing, piling false charges and calumnies against the innocent followers of Ahl al-Bayt. They call them kafirs (apostates). They yell bad names at them, following in the footsteps of their "al-salaf al-salih," so-called "good predecessors," namely Mu`awiyah and his likes who took control of Islamic caliphate by force, oppression, cunning and conniving, treachery and hypocrisy. Once they say that the Shi`as are a group founded by Abdullah ibn Saba', the Jew, and once they say that they descended from Zoroastrian origins, or that they are Rafidis, and that their danger against Islam is more than that of the Jews and the Christians. They also write that they are hypocrites, that they follow the principle of taqiyya, that they are permissive folks who legitimize illegitimate marriages, permitting the mut`awhich, in their view, is nothing but adultery... Some of them write saying that they have a Qur'an different from that of their own, that they worship Ali and the Imams among his offspring and hate Muhammad and Gabriel..., and that they do this and that, etc. Hardly one year passes without the publication of a book or a group of books written by "scholars" who lead "Ahl al-Sunnah wal Jama`a," as they call themselves, filled with charges of apostasy and insults towards the Shi`as. They have neither justification nor motive except pleasing their masters who have a vested interest in tearing the Islamic Ummah apart and shattering its unity__even its total annihilation. Moreover, they have no proof nor argument except blind fanaticism, veiled hatred, contemptible ignorance, and the blind imitating of their predecessors without any discerning of facts, nor scholarly research, nor any evident argument. They are, hence, like parrots: They are ever repeating what they hear, copying what the Nasibis from the Umayyads' henchmen, and those who are still making a living praising and glorifying Yazid son of Mu`awiyah.[53] So do not be surprised at those who glorify Yazid son of Mu`awiyah when you see them cursing the enemies of this Yazid, calling them kafirs. Has the Prophetic Sunnah not stated that: "Each Muslim to another Muslim is like a strong building: each one strengthens the other," and, "A Muslim relates to another Muslim like one body: if one part thereof agonizes, the rest of the body will responds with vigilance and fever"? Has not the Prophet said, "Cursing a Muslim is a sin, and fighting him is kufr"? Had these writers who claim to be among "Ahl al-Sunnah wal Jama`a" really come to know the Prophetic Sunnah, they would never have permitted themselves to throw the charge of kufr at anyone who testifies that: La ilaha illa-Allah, Muhammadun Rasool-Allah (There is no god except Allah, Muhammad is the Messenger of Allah), and who uphold the prayers, pay the zakat, fast during the month of Ramadan, perform the pilgrimage to the Haram House, enjoin what is right, and forbid what is wrong. But since they are in fact followers of the "sunnah" of the Umayyads and some leaders of Quraysh, they talk and write in the same mentality that prevailed during the period of jahiliyya(pre-Islamic period) when tribalism and racist arrogance prevailed. Whatever comes from its source surprises none, and every pot drips of its contents. Has the Messenger of Allah not said just as the Holy Qur'an states: "Say: O People of the Book! Come to an equitable proposition between us and you: that we shall not worship anyone except Allah and not associate aught with Him and that we shall not take others for lords besides Allah" (Holy Qur'an, 3:64)? If they are true followers of the Sunnah, then they should invite their Shi`a brethren to a common agreement between them. Since Islam calls upon its enemies among the Jews and Christians to come to a common agreement of understanding and brotherhood between them, what would you say about those who worship only one God, and whose Prophet is one and the same, and so is their Book, qibla, and destiny?! Why don't the scholars among "Ahl al-Sunnah" invite their brethren Shi`a scholars and sit with them at the discussion table and argue with them in the best manner so that they may "mend" their beliefs which they claim to be "corrupt"? Why don't they hold an Islamic conference of scholars from both sides where all disputed issues are discussed and heard and seen by all Muslims so that they may distinguish the truth from falsehood? We say so knowing that "Ahl al-Sunnah wal Jama`ah" comprise three- quarters of the Muslims of the world, and they have the financial potential and the political clout which make the achievement of the above easy, for they even own satellites... "Ahl al-Sunnah wal Jama`ah" do not attempt to do anything like this at all, nor do they desire any scholarly debate like the one called for in the Glorious Book of Allah in the verse saying, "Say: Bring your proof if you tell the truth" (Holy Qur'an, 2:111), and also in this one: "Say: Do you have any knowledge with you so you should bring it forth to us? You only follow conjecture, and you only tell lies" (Holy Qur'an, 6:148). For this reason, you see them resorting to cursing, taunting, lying and false charges, while they know fully well that the argument and the proof are with their Shi`a opponents! I think that they fear lest most Muslims should embrace Shi`ism if the facts are revealed as actually took place to some Egyptian scholars who graduated from al-Azhar and who permitted themselves to seek the truth. They did, indeed, find the truth. They did, indeed, see the light. And they did, indeed, abandon the beliefs they were nurtured by the "good predecessors." Scholars among "Ahl al-Sunnah wal Jama`ah" realize this danger which threatens their entity with dissolution. When they run out of tricks, therefore, some of them go as far as prohibiting their followers and imitators to be with the Shi`as, or to debate with them, or to marry their daughters, or to give their own daughters to them in marriage, or even to eat the meat of what they slaughter... Such a stand is indicative of the fact that they are further from the Prophet's Sunnah than anything and closer to the "sunnah" of the Umayyads who exerted their efforts to mislead the nation of Muhammad at any cost because their hearts never really feared the mentioning of Allah's Name nor the truth which He revealed. Rather, they accepted Islam against their free will. This is admitted by their "Imam" Mu`awiyah ibn Abu Sufyan who killed the best of sahaba only to become ruler; in the very firstkhutba which he delivered, he said, "I did not fight you so that you may pray, fast, or perform the pilgrimage; rather, I fought you in order to take charge of you, and Allah [?!] has granted it to me while you hate it." Allah has surely spoken the truth when He said, "Surely when the kings enter a town, they ruin it and make the most noble of its people the very lowest, and thus do they (always) do" (Holy Qur'an, 27:34). [53] The Ministry of Education in Saudi Arabia has published a book titled Haqaiq an Ameer al-Mumineen Yazid ibn Mu'awiyah (facts about the commander of the faithful Yazid son of Mu`awiyah) to be taught as a curriculum text book at its public schools. Shi`as' Attitude Towards "Ahl al-Sunnah wal Jama`ah" If we exclude some Shi`a fanatics who regard all "Ahl al-Sunnah wal Jama`ah" to be Nasibis, the vast majority of their scholars in the past and the present believe that their brethren "Ahl al-Sunnah wal Jama`ah" are the victims of Umayyad intrigues and cunning. This is so because they thought well of the "good predecessors," emulating them without researching or verifying their conduct. The latter, hence, misled them from discerning al-Sirat al-Mustaqeem (the Straight Path) and distanced them from al-Thaqalain, i.e. the Book of Allah and the Purified Progeny that safeguard whoever upholds them from misguidance and guarantee for him sure guidance. For this reason, we find them defending themselves and informing others about their beliefs, calling for justice and equity and for unity with their brethren "Ahl alSunnah wal Jama`ah." Some Shi`a scholars even toured various countries looking for means to establish Islamic organizations and institutions to close the gap between the sects and to bring about unity. Others went to al-Azhar al-Shareef, the lighthouse of knowledge and scholarship for "Ahl al-Sunnah," and met with its scholars with whom they debated in the best manner, trying to remove the grudges. One such scholar was Imam Sharafid-Din Sadr ad-Din al-Musawi who met Imam Saleem al-Din al-Bishri, and the outcome of that meeting and the correspondence between both great men was the birth of the precious book titled Al-Muraja`at, a book which has played a significant role in narrowing Muslims' ideological differences. The efforts of those scholars were also crowned with success in Egypt where Imam Mahmud Shaltut, the then grand mufti of Egypt, issued his brave fatwa granting full legitimacy to adherence to the Shi`a Ja`fari sect, a sect the fiqh (jurisprudence) of which is now among the topics taught at al-Azhar alShareef. Shi`as in general and Shi`a scholars in particular have been trying their best to introduce the Imams of the Purified Ahl al-Bayt to others and to acquaint them with the Ja`fari sect which represents Islam in all what this word implies, writing volumes of books and articles, holding sessions, especially after the victory of the Islamic revolution in Iran, conducting numerous conferences in Tehran under the banner of the Islamic unity and the bridging of the gap between the Islamic sects. All these are sincere calls for the renunciation of enmity and animosity, and to instill the spirit of Islamic brotherhood, so that Muslims may respect one another. In every year, "Mutamar al-Wahdah al-Islamiyya" (Islamic Unity Conference) invites Shi`a and Sunni scholars and thinkers to live one week under the shade of a sincere fraternity, to eat and drink together, to pray, supplicate, and exchange views and ideas, to give and take. Had the only achievement of these conferences been creating unity and narrowing the gaps between Muslims so that they may know one another and remove their grudges, their good would be great, and their benefit overwhelming. They will, by the Will of Allah, the Lord of the Worlds, in the end bear the anticipated fruits. If you enter the house of any ordinary Shi`a family, let alone the houses of their scholars and the educated among them, you will find in it a library containing, besides Shi`a works, a large number of books written by "Ahl al-Sunnah wal Jama`ah," contrary to the case with the latter who very seldom keep a Shi`a book. They, therefore, remain ignorant about the facts relevant to these Shi`as, not knowing anything but the lies written by the enemies of Shi`as. Even any ordinary Shi`a individual is most often familiar with the Islamic history in all its stages, and he may even celebrate some of its occasions. As for the Sunni scholar, you will find him very seldom expressing interest in history which he regards among the tragedies he does not wish to dig up in order to be familiar with them; rather, he is of the view that neglecting them and not looking into them is a must because they will undermine the good impression held about the "good predecessors." Since he has convinced, or misled, himself of the "justice" of all thesahaba and their integrity, he no longer accepts what history has recorded against them. For this reason, you find him unable to withstand any constructive discussion based on proof and argument. You will find him either running away from such a research due to his prior knowledge that he will be defeated, or he may overcome his feelings and emotions and force himself into researching; it is then that he rebels against all his beliefs, embracing, in the end, the faith of the Ahl al-Bayt of the Prophet. Shi`as are, indeed, the adherents to the Prophetic Sunnah because their first Imam after the Prophet is Ali ibn Abu Talib who lived and breathed the Prophetic Sunnah. Look at him and see how he reacted when they came to him seeking to swear the oath of allegiance to him as the new caliph on the condition that he should rule according to the "sunnah" of the shaykhain(the two shaykhs, namely Abu Bakr and Umar ibn al-Khattab), whereupon he said, "I shall not rule except according to the Book of Allah and the Sunnah of His Messenger." Ali had no need for the caliphate if it was at the expense of the Prophetic Sunnah, for he is the one who had said, "Your caliphate to me is like a goat's sneeze except when I uphold one of the commandments of Allah." His son, Imam al-Husayn, has made his famous statement which is still ringing in the ears of history: "If Muhammad's faith is to be straightened only if I am killed, then O swords! Take me!" For this reason, Shi`as look at their brethren from "Ahl al-Sunnah wal Jama`ah" with eyes of love and affection, desiring nothing for them except guidance and salvation. To them, the price of guidance is recorded by authentic traditions better than this life and everything in it. The Messenger of Allah has said to Imam Ali upon sending him to conquer Khaybar, "Fight them till they testify that There is no god except Allah, and Muhammad is the Messenger of Allah; so if they utter it, their lives and wealth will be protected against your might, and Allah will judge them. If Allah guides through you even one single person, it is better for you than everything on which the sun shines (or better than all red camels)."[54] Ali's main concern was, after all, to guide people and to bring them back to the Book of Allah and the Sunnah of His Messenger. For this reason, his Shi`as nowadays are mostly concerned about refuting all the charges and lies piled up against them, and about introducing to their brethren from "Ahl al-Sunnah wal Jama'ah" the truth about Ahl al-Bayt and, hence, guide them to the Straight Path. Surely in the tales there is a lesson for men of understanding. It is not a narrative that could be forged but a verification of what is before it and a distinct explanation of all things, and a guide and mercy to those who believe. (Holy Qur'an, 12:111) [54] Muslim, Sahih, Vol. 7, p. 122 "Kitab al-Fadail" (Book of Virtues), the chapter dealing with the merits of Ali ibn Abu Talib Introducing the Imams of the Shi`as Shi`as have confined their loyalty to the twelve Imams from Ahl al-Bayt, peace be upon them, the first of whom is Ali ibn Abu Talib followed by his son al-Hasan then his son al-Husayn then the nine infallible ones among al-Husayn's offspring, peace and blessings of Allah be upon all of them. The Messenger of Allah had named all these Imams in many of his statements either explicitly or implicitly, and he had mentioned them by name according to some traditions transmitted by the Shi`as and others transmitted by "Sunni" scholars. Some of "Ahl al-Sunnah" may object to these traditions, expressing astonishment at how the Messenger could have talked about issues related to the unknown which were enshrouded with non-existence. The Holy Qur'an states: "Had I known the unseen, I would have had much of good and no evil would have touched me" (Holy Qur'an, 7:188). To counter this argument, we say that this sacred verse does not exclude the Messenger from knowing the unseen at all; rather, it was revealed in response to some polytheists who asked him to inform them when the Hour would come, and the time of the Hour is the sole knowledge of Allah, Glory to Him, which He shares with nobody. The Holy Qur'an, on the other hand, clearly states: "The One Who knows the unseen! So He does not reveal His secrets to anyone except to whomsoever He chooses (such) as an apostle" (Holy Qur'an, 72:26-27). The exception to which this verse refers indicates that He, Glory to Him, acquaints His messengers whom He chooses with the knowledge of the unseen. For example, read what Joseph (Yusuf), peace be upon him, said to his prison inmates: "No food shall come to you except that I will inform you of it before it reaches you; surely this is of what my Lord has taught me" (Holy Qur'an, 12:37). Another example is this verse: "Then they found one of Our servants whom We had granted mercy and whom We had taught knowledge from Us" (Holy Qur'an, 18:65). This is a reference to the story of al-Khidr who met Moses and whom he taught of the knowledge of the unseen, the knowledge which he could not wait to know in time. Muslims, be they Shi`as or Sunnis, did not dispute the fact that the Messenger of Allah used to know the unseen, and many incidents have been recorded in this regard such as his statement to Ammar: "O Ammar! The oppressive party shall kill you," and his statement to Ali: "The worst wretch among the generations to come is a man who will strike you (with the sword) on your head, so he will drench your beard (with your blood)." He had also said to Ali, "My son al-Hasan will be the one through whom Allah will bring peace between two large parties." Another is his statement to Abu Dharr al-Ghifari in which he told him that he would die alone in banishment, and the list of such numerous incidents goes on and on. Among them is the famous tradition which al-Bukhari and Muslim and all those who succeeded them states: "The Imams after me are twelve: all of them will belong to Quraysh," and according to another narration, "all of them will be the offspring of Hashim." In both our previous books With the Truthful [Ma`a al-Sadiqin] and Ask Those Who Know [Fas'aloo Ahl al-Dhikr], we proved that Sunni scholars themselves have referred in theirSahih and Musnad books to the traditions relevant to the Imamate of the Twelve Imams, admitting their authenticity. Someone may ask, "Why did they, then, set those traditions aside and followed the Imams of the four sects if they actually admitted the existence and the authenticity of those traditions?" The answer is: All the "good predecessors" were supporters of the three caliphs who reached caliphate through the saqeefa(the shed of Banu Sa`ida), namely Abu Bakr, Umar, and Uthman, so it was only natural that they should turn away from Ahl al-Bayt and become enemies of Imam Ali and his offspring. They, therefore, tried very hard to obliterate the Prophetic Sunnah and substitute it with their own ijtihad, personal viewpoints. This caused the division of the nation into two groups immediately following the death of the Messenger of Allah. Those among the "good predecessors" and those who followed them and adopted their attitudes represented "Ahl al-Sunnah wal Jama`ah," who are the vast majority of the MuslimUmmah. A small minority which included Ali and his Shi`as boycotted the allegiance (to Abu Bakr) and rejected it, becoming the outcasts and the condemned. They were called Rafidis, rejectionists. Due to the fact that "Ahl al-Sunnah wal Jama`a" were the ones who controlled the destiny of the Ummah across the centuries, the rulers from Banu Umayyah as well as those from Banu al-Abbas were all supporters and followers of the school of caliphate founded by Abu Bakr, Umar, Uthman, Mu`awiyah[55] and Yazid. When that caliphate failed, its dignity was lost, ending in the hands of the Mamlukes and non-Arabs, and there were those who were heard calling for the documenting of the Prophetic Sunnah..., it was only then that such traditions, which former generations tried very energetically to obliterate and hide but could not do so, in addition to those particular traditions persisted as puzzles mystifying them: they contradicted their beliefs at that time. Some of them tried to reconcile those traditions with their beliefs, so they pretended to love Ahl al-Bayt; therefore, whenever the name of Imam Ali is mentioned, they would say, "May Allah be pleased with him," or "Allah glorified his countenance," so that people might get the impression that they were not the enemies of the House of Prophethood. None among the Muslims, not even the hypocrites among them, can demonstrate his enmity towards the Prophet's family because the enemies of Ahl al-Bayt are the enemies of the Messenger of Allah, and such enmity will eject them from the Islamic fold altogether as is obvious. What we can understand from all of this is that they, in reality, are, indeed, enemies of the Prophet's family, and by "they" we mean the "good predecessors" who adopted the label of, or who were labelled by their supporters as, "Ahl alSunnah wal Jama`a." Another proof is that you can find all of them following the four sects which were created by the ruling authority (as we will soon prove), and they have nothing in their religious injunctions to which they can refer such as the fiqh of Ahl al-Bayt, or of any of the Twelve Imams. The truth mandates that Imamite Shi`as are actually the followers of the Sunnah of Muhammad because they upheld in all their juristic injunctions the teachings of the Imams of Ahl al-Bayt who inherited the authentic Sunnah from their grandfather the Messenger of Allah without mixing it with their own personal views, opinions, or the statements of the caliphs. Shi`as remained across the centuries upholding these texts and rejecting the concept of ijtihad in the presence of clear traditions, believing in the caliphate of Ali and his offspring because the Prophet had clearly indicated so. They, therefore, call them the caliphs of the Messenger of Allah although only Ali had the chance to be the actual caliph. They reject and refuse to recognize the rulers who held the caliphate from the beginning to the end because such caliphate was [in the words of Umar ibn al-Khattab himself] based on "a grave mistake from the evil of which Allah protected us," and because it came as a rejection and a renunciation of the texts stated by Allah and His Messenger. All those who came after that made such caliphate hereditary; each caliph ruled only because he was nominated by his predecessor or by fighting and winning the battle.[56] Because of all this, "Ahl al-Sunnah wal Jama`a" were obligated to say that obedience was obligatory to both a good and a bad Imam; they accepted the caliphate of all their rulers, including the sinners among them. Imamite Shi`as are characterized by preaching the necessity of the infallibility of the Imam; so, no major Imamate nor the leadership of the nation can be right except to an infallible Imam, and there is no human being in this nation who is infallible except those from whom Allah removed all abomination and whom He purified with a perfect purification [according to verse 33, Chapter 33, of the Holy Qur'an]. [55] We have deliberately made no reference to the caliphate of Ali ibn Abu Talib because "Ahl al-Sunnah wal Jama`a" did not recognize it except during the time of Ahmad ibn Hanbal, as we have already indicated above; so, refer to the chapter with the heading "Ahl al-Sunnah Are Not Familiar with the Prophetic Sunnah" in this book. [56] The only exception is the caliphate of Ali ibn Abu Talib . Only he was not appointed by his predecessor, nor did he achieve it by fighting others and subduing them. Rather, Muslims chose him out of their free will to be their caliph, and they insisted on it when they invited him to rule. Imams of "Ahl al-Sunnah wal Jama`a" "Ahl al-Sunnah wal Jama`a" have followed the four Imams after whom their sects are known, namely Abu Hanifah, Malik, al-Shafi`i, and Ahmad ibn Hanbal. These four Imams were never among the sahaba of the Messenger of Allah, nor did they know him, nor did he see them, nor did they ever see him. Their senior in age is Abu Hanifah whose time is separated from that of the Prophet by more than a hundred years: he was born in 80 A.H./699 A.D. and died in 160 A.H./777 A.D. Their youngest is Ahmad ibn Hanbal: he was born in 165 and died in 241 A.H. (782 - 855 A.D.). All this is in reference to the religion's branches (furoo` aldeen). As for the roots of the creed (usool al-deen), "Ahl al-Sunnah wal Jama`a" refer to Imam Abul-Hasan Ali ibn Isma`eel al-Ash`ari who was born in 270 A.H. and died in 335 A.H. (883 - 946 A.D.) These are the Imams of "Ahl al-Sunnah wal Jama`a" to whom the latter refer with regard to the roots and branches of their creed. Do you find any of the Imams of Ahl al-Bayt among them? Or do you find among them anyone who was a companion of the Messenger of Allah, or about whom the Messenger of Allah said that he is the most wise person to lead the nation? Of course not! There is nothing like that at all. If "Ahl al-Sunnah wal Jama`a" claim that they uphold the Prophet's Sunnah, why did these sects appear so late in time after the Prophet's demise, and where were "Ahl al-Sunnah wal Jama`a" before the existence of these sects, and what religion were they following, and to whom were they referring?! Having asked these questions, let us add this one: "How can they be so dedicated to men who were neither contemporary to the Prophet nor did they ever know him but who were born after the dissension had already taken place, and after the companions fought and killed one another, charging one another with apostacy, and after the caliphs treated the Holy Qur'an and the Sunnah according to their own ijtihad, their own personal views?" Having taken control of the reins of government, Yazid violated the sanctity of sacred Medina, giving his army permission to wreak whatever havoc it desired in it, so the said army inflicted death and destruction in it, killing the best among the sahabawho refused to swear the oath of allegiance to him, raping chaste women to the extent that there were many who were born thus illegitimately. How can any wise person place his trust in these imams who belong to such type of human beings who waded in the mud of dissension, who were colored by its various hues, who grew up mastering its cunning and cunniving, vesting upon themselves the false medals of knowledge and scholarship? Indeed, no scholar ever rose to distinction except one with whom the government was pleased and who was pleased with the government.[57] How can anyone who claims to adhere to the Sunnah forsake Imam Ali, the gate of knowledge, or Imams al-Hasan and al-Husayn, masters of the youths of Paradise, or other purified Imams from the progeny of the Prophet who had inherited the knowledge of the Messenger of Allah, and prefer to follow "Imams" who were not knowledgeable of the Prophetic Sunnah but were the product of Umayyad politics? How can "Ahl al-Sunnah wal Jama`a" claim that they follow the Prophetic Sunnah while neglecting those who safeguard it? How can they abandon the recommendations and explicit orders of the Prophet to uphold the Purified Progeny then claim to be the ones who follow the Sunnah?! Can any Muslim individual who is familiar with the Islamic history, the Holy Qur'an, and the Sunnah, doubt the fact that "Ahl al-Sunnah wal Jama`a" are followers of the Umayyads and Abbasides? And can any Muslim who is familiar with the Holy Qur'an and Sunnah, and who has come to know the Islamic history, deny the fact that the Shi`as who emulate and pay homage to the Progeny of the Prophet are, indeed, followers of the Prophetic Sunnah, whereas nobody else can claim to do so? Have you seen, dear reader, how politics turns matters upside down, making right look wrong and vice versa?! Those who remained loyal to the Prophet and his Progeny came to be called Rafidis and people of innovations, while those who excelled in inventing innovations and renounced the Sunnah of the Prophet and his Progeny, following the ijtihad of their oppressive rulers, came to be called "Ahl alSunnah wal Jama`a"?! This is truly strange. As for me, I firmly believe that Quraysh was behind this label, and it is one of its secrets and riddles. We have already come to know that Quraysh was the one that prohibited Abdullah ibn Umar from writing the Prophetic Sunnah down in the pretext that the Prophet was not infallible. Quraysh, in fact, is comprised of specific individuals who weilded a great deal of influence, and who were known for their fanaticism and powerful influence over Arab tribes. Some historians call them "the most shrewd Arabs" due to their reputation in cunning and conniving and superiority in managing the affairs, whereas others call them "the people who tie and untie." Among them are: Abu Bakr, Umar, Uthman, Abu Sufyan and his son Mu`awiyah, Amr ibn al-As, al-Mugheerah ibn Shu`bah, Marwan ibn al-Hakam, Talhah ibn Ubaydullah, Abdul-Rahman ibn Awf, Abu Ubaydah Amir ibn al-Jarrah, and many others.[58] These "shrewd men" used to meet to discuss and decide something upon which they would eventually agree, then they would make up their mind to propagate it among the people so that it might become thereafter a matter of fact and a followed reality, without most people kowing how it came to be. One such scheme, which they plotted, was their claim that Muhammad was not infallible, and that he was as human as anyone else: he could err, they claimed, so they would belittle him and argue with him about the truth while fully knowing it. And among such schemes was their cursing Ali ibn Abu Talib and using a misnomer for him, calling him "Abu Turab" (father of dust), portraying him to people as the enemy of Allah and His Messenger. Another is their taunting and cursing the highly respected sahabiAmmar ibn Yasir, using for him a borrowed name: "Abdullah ibn Saba'" simply because Ammar opposed the caliphs and was calling people to the Imamate of Ali ibn Abu Talib.[59] Another was their calling the Shi`as who were loyal to Ali "Rafidis" in order to mislead the public by giving them the impression that the latter had rejected Muhammad and followed Ali. Another is calling themselves "Ahl al-Sunnah wal Jama`ah" in order to mislead sincere believers into thinking that only they are the ones who uphold the Prophet's Sunnah versus the Rafidis who reject it. They, in fact, mean by their "Sunnah" the infamous innovation which they invented: the custom of cursing and condemning the Commander of the Faithful and the Prophet's Progeny from the pulpits in every mosque throughout the Muslim world and in all other lands, cities, and villages where Muslims lived. This innovation lasted for eighty years. Whenever one of their preachers descended from the pulpit before leading the prayers, he would curse Ali ibn Abu Talib, and if he did not, everyone at the mosque would yell at him: Tarakatal Sunnah! Tarakatal Sunnah! ("You left out the Sunnah!). When caliph Umar ibn Abd al-Aziz wanted to change that "Sunnah" with the Qur'anic verse saying, "Surely Allah enjoins the effecting of equity and of goodness (to others) and the giving (in charity) to the kindred" (Holy Quran, 16:90), they plotted against him and killed him for killing their "Sunnah" and taking lightly the statements of his predecessors who had brought him to caliphate. They poisoned him when he was only thirty-eight years old, having ruled no more than two years. He became the victim of his reform because his cousins, the Umayyads, did not agree to his laying their "Sunnah" to rest and thus raising the status of "Abu Turab" and the Imams among his offspring. After the fall of the Umayyad government, the Abbasides came and persecuted the Imams from Ahl al-Bayt and their followers till the reign of Ja`far son of alMu`tasim, who was titled "al-Mutawakkil," came, and he proved to be the most bitter enemy of Ali and his offspring. His hatred and animosity caused him to desecrate the grave of Imam Husayn in Karbala. He prohibited people from visiting it[60], and he never gave anything nor was he generous to anyone except to those who cursed Ali and his offspring. The incident involving al-Mutawakkil and the famous scholar of linguistics `allama Ibn al-Sikkeet is well known; he killed him in the very worst manner, cutting his tongue off when he discovered that he was a follower of Ali and his Ahl al-Bayt, although he was the tutor of both of his [al-Mutawakkil's] sons. Al-Mutawakkil's animosity towards Ali and his adherence to Nasibism went as far as killing any new born named "Ali" because it was the most hateful name to him. When Ali ibn al-Jahm, the poet, met al-Mutawakkil, he said, "O commander of the faithful! My parents have done me a great deal of injustice." Al-Mutawakkil asked him, "How so?" He said, "They named me Ali although I hate this name and anyone named by it." Al-Mutawakkil laughed and ordered him to be richly rewarded. One man used to live inside al-Mutawakkil's meeting house. He was an etertaining buffoon who used to mimick Ali ibn Abu Talib and thus make fun of him. Upon seeing him, people would laugh and say, "Here comes the bald man, the man with the big stomach!" So he would be ridiculed by everyone meeting there to the delight and amusement of the caliph. We must not forget in this regard to point out to the fact that this al-Mutawakkil, whose animosity towards Ali revealed his hypocrisy and promiscuity, was very much loved by the scholars of hadith who vested upon him the title of "Muhyyi alSunnah," the one who revived the Sunnah. And since those scholars of hadith were themselves "Ahl al-Sunnah wal Jama`ah," it is proven by the evidence which has no room for any doubt that what they meant by the "Sunnah" was simply hating Ali ibn Abu Talib and cursing him and dissociating themselves from him; it is, in a word, Nasibism. What makes this matter more clear is that al-Khawarizmi says the following on p. 135 of his book: "Even Haroun ibn al-Khayzaran and Ja`far al-Mutawakkil alalshaitan (the one who relies on Satan), rather than on al-Rahman (the Merciful One), used not to give any money or wealth except to those who cursed the family of Abu Talib and who supported the sect of the Nasibis." Ibn Hajar has quoted Abdullah ibn Ahmad ibn Hanbal saying, "When Nasr ibn Ali ibn Sahban narrated a tradition saying that the Messenger of Allah took the hand of al-Hasan and al-Husayn and said, `Whoever loves me and loves both of these men and their parents will be in my level on the Day of Judgment,' al-Mutawakkil ordered him to be whipped one thousand lashes. He almost died had Ja`far ibn Abd al-Wahid not kept interceding on his behalf with al-Mutawakkil, saying to him, `O commander of the faithful! He is one of Ahl al-Sunnah,' and he persisted in doing so till he (Nasr) was left alone."[61] Any wise person will understand the statement made by Ja`far ibn Abd al-Wahid to al-Mutawakkil that Nasr was among "Ahl al-Sunnah," in order to save his life, to be an additional testimony to the fact that "Ahl al-Sunnah" are the enemies of Ahl al-Bayt who are hated by al-Mutawakkil. The latter used to kill anyone who mentioned even one of their merits even if he was not a Shi`a. Ibn Hajar indicates in the same book that Abdullah ibn Idris al-Azdi was a man of "al-Sunnah wal Jama`ah," that he was very strict in upholding the "Sunnah," pleasing others, and that he sympathized with Uthman.[62] About Abdullah ibn Awn al-Basri, the [same Sunni] author says: "He is held as reliable, and he used to be consistent in his worship, very firm in upholding the Sunnah, and in being tough against the people who invent innovations; Ibn Sa`d says that he was a supporter of Uthman."[63] He has also indicated that Ibrahim ibn Ya`qub al-Jawzjani used to follow the Hareezi sect (i.e. the sect founded by Hareez ibn Uthman al-Dimashqi), who was well known for adhering to the beliefs of the Nasibis, and Ibn Hayyan has said, "He was very zealous in adhering to the Sunnah."[64] All this makes us draw the conclusion that Nasibism and hatred towards Ali and his offspring, the cursing of the descendants of Abu Talib, the condemning of Ahl al-Bayt..., is regarded by them as "zeal in adhering to the Sunnah." We have also come to know so far that the supporters of Uthman are the ones who promoted Nasibism and hatred towards Ahl al-Bayt, and they are the ones who were very tough with anyone who was loyal to Ali and his offspring. The label of "innovators" was attached by them to the Shi`as who called for the Imamate of Ali because, to them, that was an innovation, since it disagreed with the policies of the "righteous caliphs" and the "good predecessors," the policy of expelling the Imam and not recognizing his Imamate and Wisayat. Historical facts supporting this statement are quite abundant, but what we have already stated here should suffice those who wish to research this issue further and investigate it on their own. We have, as has always been our habit, tried to be brief, and researchers have to keep in mind that they can find many times this much if they wish. (As for) those who struggle hard for Us, We will most certainly guide them in Our ways, and Allah is most surely with the doers of good. (Holy Qur'an, 29:69) [57] In the coming researches, you will Insha-Allah come to find out that Umayyad and `Abbaside rulers were the very people who brought those sects to existence and forced people to follow them. [58] We have excluded from this list Imam Ali because he distinguished between shrewd judgment and good management, between the shrewdness of cunning, deception and hypocrisy. He has said more than once, "Had it not been for deception and hypocrisy, I would have been ranked the most shrewd person among the Arabs," as stated in the Holy Qur'an: "They plan, and Allah plans, and surely Allah is the best of planners." Allah's plans mean wisdom and good management. As for the polytheists' plans, they are nothing but deception, hypocrisy, swindling, forgery, and falsehood. [59] For more details, refer to Al-Sila bayn al-Tasawwuf wal Tashayyu` by Dr. Mustafa Kamil al-Shibeebi, an Egyptian author. By bringing ten strong arguments, al-Shibeebi proves that Abdullah ibn Saba', the Jew, or "Ibn al-Sawdaa'" (son of the black woman) was a pseydonym and title maliciously given to Ammar ibn Yasir because he was a follower of Imam Ali. [60] If the caliph went that far in meanness and lowliness to the extent that he dug up the graves of the Imams from Ahl al-Bayt , especially that of the master of the youths of Paradise, do not ask beyond that what they did to the Shi`as who used to seek Allah's blessings by visiting that grave. The Shi`as suffered the ultimate pain and tribulation. [61] This is quoted in Ibn Hajar's Tahdhib al-Tahdhib, in his biography of Nasr ibn Ali ibn Sahban. [62] Ibn Hajar, Tahdhib al-Tahdhib, Vo. 5, p. 145. It is a well known fact that those who sympathized with Uthman used to curse Ali and accuse him of killing Uthman ibn Affan. [63] Ibn Hajar, Tahdhib al-Tahdhib, Vol. 8, p. 348. [64] Ibid., Vol. 1, p. 82. The Prophet Appointed the Imams of the Shi`as No researcher who has studied the biography of the Prophet, and who become familiar with the Islamic history, doubts the fact that the Prophet was the one who appointed the Twelve Imams, clearly stating so in order that they might succeed him and take charge of his nation. Their number is mentioned in the Sahih books of "Ahl al-Sunnah" together with the fact that they were twelve in number, and that all of them descended from Quraysh; this is what al-Bukhari and Muslim, as well as many others, have confirmed. Some Sunni references indicate that the Prophet named all of them, saying that the first of them was Ali ibn Abu Talib, followed by his son al-Hasan then al-Hasan's brother al-Husayn, followed by nine from the offspring of alHusayn the last of whom is al-Mahdi. The [Sunni] author of Yanabee` al-Mawaddah[65] narrates the following incident in his book: A Jew named al-A`tal came to the Prophet and said, "Muhammad! I wish to ask you about certain things which I have been keeping to myself; so, if you answer them, I shall declare my acceptance of Islam before you." The Prophet said, "Ask me, O father of Imarah!" So he asked him about many things till he was satisfied and admitted that the Prophet was right. Then he said, "Tell me about your wasi (successor): who is he? No prophet can ever be without a wasi; our prophet Moses had appointed Yusha` [Joshua] son of Noon as his successor." He said, "My wasi is Ali ibn Abu Talib followed by my grandsons al-Hasan and al-Husayn followed by nine men from the loins of al-Husayn." He said, "Then name them for me, O Muhammad!" The Prophet said, "Once al-Husayn departs, he will be succeeded by his son Ali; when Ali departs, his son Muhammad will succeed him. When Muhammad departs, his son Ja`far will succeed him. When Ja`far departs, he will be succeeded by his son Musa. When Musa departs, his son Ali will succeed him. When Ali departs, his son Muhammad will succeed him. When Muhammad departs, his son Ali will succeed him. When Ali departs, his son al-Hasan will succeed him, and when al-Hasan departs, al-Hujjah Muhammad al-Mahdi will succeed him. These are the twelve ones." That Jew, therefore, embraced Islam and praised Allah for having guided him.[66] If we wish to turn the pages of Shi`a books and discern the facts they contain with regard to this subject, we will surely find many times as many ahadith as this one, but this suffices to prove that the scholars of "Ahl al-Sunnah wal Jama`a" admit that the number of the Imams is twelve, and there are no such Imams besides Ali and his purified offspring. What strengthens our conviction that the Twelve Imams from Ahl al-Bayt were never tutored by any of the Ummah's scholars is the fact that no historian, nor traditionist, nor biographer, has ever narrated saying that one of the Imams from Ahl al-Bayt learned what he knew from some sahaba or tabi`een as is the case with all the Ummah's scholars and Imams. Abu Hanifah, for example, was a student of Imam Ja`far al-Sadiq; Malik was a student of Abu Hanifah; al-Shafi`i learned from Malik and so did Ahmad ibn Hanbal. As for the Imams from Ahl al-Bayt, their knowledge is gifted by Allah, Glory and Exaltation to Him, and they inherit such knowledge son from father, for they are the ones to whom the Almighty specifically refers when He says, "Then We gave the Book for an inheritance to those whom We chose from Our servants" (Holy Qur'an, 35:32). Imam Ja`far al-Sadiq has expressed this fact once when he said, "How strange some people are! They say that they derived all their knowledge from the Messenger of Allah, so they acted upon it and were guided! And they narrate saying that we, Ahl al-Bayt, did not learn any knowledge, nor were we thereby guided, while we are his family and offspring: in our homes did the revelation descend; from us was knowledge imparted to people! Have they really learned and were guided while we remained in ignorance and misguidance?!" How can Imam al-Sadiq not wonder at those who claimed to have learned from the Messenger of Allah while they bear grudge and animosity to his Ahl al-Bayt and the gates of his knowledge which lead to such knowledge?! How can he help expressing such amazement at calling themselves "Ahl al-Sunnah" while they do the opposite of what this Sunnah contains?! If the Shi`as, as history testifies, have chosen Ali to support and defend against his enemies, fighting with him, concluding peace whenever he concluded it, learning all what they knew from him, "Ahl al-Sunnah wal Jama`a," contrariwise, were never his supporters, followers, or helpers. Rather, they fought him and desired to put an end to him. Having killed him, they pursued his sons in order to kill, jail, or expel them. They oppose him in most ahkam (religious rulings) by following those who held views different from his, and who followed their own ijtihadwith regard to Allah's commandments, changing them according to their wishes and to serve their own interests. How can we nowadays help wondering about those who claim to adhere to the Prophet's Sunnah while they testify against themselves that they, indeed, abandoned the Prophet's Sunnah because it became the identification mark of the Shi`as?![67] Is this not strange?! How can we help wondering about those who claim to be "Ahl al-Sunnah wal Jama`a" (people who follow the path of the Prophet [P] and who follow the consensus) while there are many Maliki, Hanafi, Shafi`i, and Hanbali groups, each opposing the other with regard to the jurisdic injunctions, claiming that such differences are mercy to them? Is it merc to change Allah's religion to fit certain people's wishes, views, and desires...?! Yes, they are various groups who disagreed among themselves in interpreting the commandments of Allah and His Messenger, yet they are united in endorsing the injustice that took place at the saqeefa of Banu Sa`ida, and in abandoning and isolating the Purified Progeny of the Prophet. How can we help wondering about those who boast of being "Ahl al-Sunnah" while they have abandoned the order of the Messenger of Allah to uphold the Two Weighty Things: the Book of Allah and his Progeny, despite their documentation of this particular tradition and their admission of its authenticity?! They, indeed, upheld neither the Holy Qur'an nor the Progeny because by forsaking the Purified Progeny, they forsook the Holy Qur'an, too, since the sacred tradition indicates that the Holy Qur'an and the Progeny shall never part from one another, as the Messenger of Allah clearly stated: "And the most Benevolent and Knowing has informed me that they (the Holy Qur'an and the Progeny) shall never part till they join me at the Pool."?![68] How can we help wondering about people who claim to be the custodians of the Sunnah while their conduct, in fact, is contrary to what their own books classify as "authentic" Sunnah of the Prophet, of what he had done, ordered, or prohibited?[69] But if we do believe in this tradition and in its authenticity, that is, the hadith saying, "I have left among you the Book of Allah and my Sunnah: so long as you uphold them (both), you shall never stray after me at all," as some "Ahl al-Sunnah" like to word it nowadays, our amazement will be even greater, and the scandal will be even more obvious: It is so due to the fact that their own dignitaries and imams are the ones who burnt the Sunnah which the Messenger of Allah had left behind for them, prohibiting everyone from copying it or transporting its texts, as we have already indicated above. The said statement by Umar ibn al-Khattab is included in all Sahihbooks of "Ahl al-Sunnah," including al-Bukhari and Muslim. [On his death bed] the Prophet said, "I have left among you the Book of Allah and my Sunnah," whereupon Umar said to him, "The Book of Allah suffices us, and we have no need for your Sunnah." If Umar said so in the presence of the Prophet, Abu Bakr emphatically acted upon the view of his friend. And when he became caliph, Abu Bakr said, "Do not narrate any hadithof the Messenger of Allah, for whoever asks you, say to him, `Between us and you is the Book of Allah, so act upon what it permits and abstain from what it prohibits.'"[70] How can we help wondering about people who abandoned the Sunnah of their Prophet and left it behind their backs, substituting it with innovations for which Allah never sent any proof, then they call themselves and their followers "Ahl alSunnah wal Jama`a"?! But our amazement disappears when we come to know that Abu Bakr, Umar and Uthman never heard such a label at all; Abu Bakr said once, "If you require me to implement the Sunnah of your Prophet, I cannot withstand it."[71] How is it possible that Abu Bakr could not withstand the Sunnah of the Prophet?! Was the Prophet's Sunnah something impossible so Abu Bakr could not withstand it?! And how can "Ahl al-Sunnah" claim that they uphold it if their first imam and the founder of their sect could not withstand it?! Allah has said in its regard the following verses: You surely have in the Messenger of Allah a good example. (Holy Qur'an, 33:21) Allah never places a burden on a soul more than what it can bear. (Holy Qur'an, 65:7) He has not laid down upon you any hardship in religion." (Holy Qur'an, 22:78) Did Abu Bakr and his friend Umar think that the Messenger of Allah invented a creed other than what Allah had revealed, so he ordered the Muslims to do what they could not, thus over-burdening them? Far from him is such an allegation, for he used to quite often say, "Disseminate glad tidings; make things easy, and do not make them hard. Allah has granted you an ease, so do not make things hard for yourselves." But Abu Bakr's admission that he could not tolerate the Prophet's Sunnah underlines our conclusion that he invented an innovation which he could "withstand" or "tolerate" according to his own wishes, one which agreed with the policies of the state he headed. As for Mu`awiyah, he always opposed the Holy Qur'an and the Sunnah and challenged them. For example, while the Prophet said, "Ali is of me and I am of Ali; whoever curses Ali cruses me, and whoever curses me curses Allah,"[72] you find Mu`awiyah going to extremes in cursing and condemning Ali. He was not satisfied with doing all of that, so he ordered all his governors and officials to curse and condemn him, and he dismissed from office then killed all those who refused. It was this Mu`awiyah who called himself and his followers "Ahl al-Sunnah wal Jama`a" in order to distinguish themselves from those who were referred to as the Shi`as, claiming thus to be the ones on the right track. Some historians indicate that the year in which Mu`awiyah took control of the Islamic caliphate, after having concluded a peace treaty with Imam al-Hasan ibn Ali ibn Abu Talib, was called`aam al-jama`ah, the year of the Jama`ah. Amazement is dispelled when we understand that the word "Sunnah" according to the thinking of Mu`awiyah and his jama`ah, his group, was none other than the custom of cursing Ali ibn Abu Talib from the Muslims' pulpits during Fridays and Eid days. If such "Sunnah" was an invention of Mu`awiyah ibn Abu Sufyan, we plead to the most Glorified One to permit us to die following the bid`a, innovation, of Rafidism founded by Ali ibn Abu Talib and Ahl al-Bayt! Do not be surprised, dear reader, when you see how those who were expert in innovations and misguidnce call themselves "Ahl al-Sunnah wal Jama`a" while the Imams from Ahl al-Bayt are charged with innovations. Here is the great mentor Ibn Khaldun, one of the most famous scholars of "Ahl alSunnah wal Jama`a," insolently says, after having counted the sects of the majority, "And Ahl al-Bayt became the exception to the rule through sects which they invented and fiqh which is totally their own, one which they built on their sect, a sect which criticizes a number of thesahaba."[73] [65] Abul-Qasim Mahmud ibn Muhammad ibn Ahmad al-Khawarizmi alZamakhshari was a senior mentor and instructor in exegesis, hadith, Arabic grammar, and logic. He was born on a Wednesday in the month of Rajab, 367 A.H./978 A.D. in the village of Zamakhshar in the area of Khawarizm. He died in Jurjan on the eve of Arafat, Thul Hijjah 9, 538 A.H./June 20, 1144 A.D. He was a Mu`tazilite who followed the Hanafi sect. He wrote more than a hundred excellent books some of which are still in manuscript form waiting to be published. He was characterized by his love for justice and equity and renunciation of any type of fanaticism. Though Hanfani in his beliefs, he wrote an excellent book in which he compiled numerous statements made by Imam al-Shafi`i titled Shafi al-`Ay (healer of mental blocks). May Allah have mercy on the soul of this great man and on the souls of all great men, Allahomma Aameen. __ Tr. [66] This is recorded on p. 440 of Yanabee` al-Mawaddah by the Hanafi author alQandoozi. It is also recorded by al-Hamawayni [another Sunni scholar] who quotes Mujahid quoting Ibn Abbas. [67] For more details on this matter, refer to pp. 159-160 of my book With the Truthful where you will come to know that Ibn Taymiyya calls for abandoning the Prophet's Sunnah because it became the banner of the Shi`as. Yet they call him mujaddid al-Sunnah, the one who revived the Sunnah! [68] Imam Ahmad ibn Hanbal, Musnad, Vol. 5, p. 189, and also al-Hakim, Mustadrak, Vol. 3, p. 148. Al-Hakim comments thus: "This is an authentic tradition which both Shaykhs [al-Bukhari and Muslim] had verified and did not exclude (from their own books). Al-Dhahabi, too, has classified it as authentic in his book Al-Talkhees, admitting its authenticity, relying in doing so on both Shaykhs' endorsement." [69] In his Sahih, al-Bukhari states that the Prophet prohibited congregatinal taraweeh prayers during the month of Ramadan, saying, "Offer prayers, O people, at your own homes, for the best prayers one can offer are the ones which he offers at home with the exception of obligatory prayers." But "Ahl al-Sunnah" ignored the Prophet's prohibition and followed the innovation started by Umar ibn alKhattab. [70] Al-Dhahabi, Tadhkirat al-Huffaz, Vol. 1, p. 3. [71] Imam Ahmad ibn Hanbal, Musnad, Vol. 1, p. 4, and also on p. 126, Vol. 3, of Kanz al-Ummal. [72] Al-Hakim, Mustadrak, Vol. 3, p. 121; Ahmad ibn Hanbal, Musnad, Vol. 6, p. 323, Vol. 6; and al-Nasa'i, Khasais, p. 17. [73] This is stated on p. 494, in the part dealing with the science of fiqh and the injunctions upon which they are based, of Ibn Khaldun's Muqaddimah (Introduction). Oppressive Rulers Appointed the Imams of "Ahl al-Sunnah" What proves that the Imams of the four "Sunni" sects, too, acted in contradiction to the Book of Allah and the Sunnah of His Messenger who commanded them to follow the Purified Progeny, is that we could not find even one person among them who obeyed such a command, boarded their ship, and came to know who the Imam of his time was. Abu Hanifah al-Nu`man, was a student of Imam al-Sadiq. He is famous for having said: Lawla al sanatan, la halaka al-Nu`man, that is, "Had it not been for those couple of years [during which he was a student of the Imam, as], al-Nu`man would have perished." Yet we find him inventing a sect based on analogy and the derivation of one's own opinion in opposition to the available clear ahadith. Malik, who also learned from Imam al-Sadiq, is quoted saying, "No eyes have ever seen, nor ears have ever heard, nor anyone was ever impressed by anyone more acquainted with jurisprudence, or more learned, than Ja`far al-Sadiq." Yet we find him, too, inventing an Islamic sect of his own, abandoning the Imam of his time for whom he testifies as being the most knowledgeable and the best informed of all people of his time with regard to jurisprudence. The fact is that the Abbasides who held the reins of authority propped him up and called him "Imam Dar al-Hijra," hence he became thereafter the man of influence and authority, the man whose word wielded a great deal of influence on people. Al-Shafi`i, who is accused of being a follower of Ahl al-Bayt, has said the following lines of poetry in their praise: O Household of Allah's Messenger! Loving you is an obligation Which Allah has enforced in His Honored Revelation; Suffices you a great honor if one sends no prayer unto you all, It will be as though he did not say his prayers at all. And the following verses lauding them are also attributed to him: When I saw people being carried away to the seas Of misguidance and ignorance by their creeds, I boarded, in the Name of Allah, the Ark of Salvation: The Household of the Prophet, the Seal of Revelation. And I upheld Allah's Rope: them shall I obey and hope, That I obey the One Who commanded us to uphold His Rope. He is also famous for having said these lines: If one loving Muhammad's family Is rebuked and called a Rafidi, Then O jinns and mankind: Testify That: Yes! A Rafidi am I! If the jinns and mankind are to testify that he is Rafidi, then why did he follow the sects which were established to oppose Ahl al-Bayt?! Rather, he himself, like the others, invented a sect carrying his own name, abandoning the Imams of Ahl alBayt to whom he was a contemporary. Ahmad ibn Hanbal made the name of Ali the fourth in the list of the "righteous caliphs," after being rejected as such. He wrote a book recounting Ali's merits. He became famous for having said, "Nobody among the sahaba, according to all authenticmusnads, has as many virtues as Ali, may Allah be pleased with him..." Yet he himself invented an Islamic sect called "al-Hanbali" despite the testimony of his contemporary scholars that he was not a faqih at all. Shaykh Abu Zuhra has said, "Many scholars of earlier times never counted Ahmad ibn Hanbal as a jurist; among them was Ibn Qutaybah, whose time was very close to that of Ahmad, and Ibn Jarir al-Tabari, and others."[74] Then Ibn Taymiyyah came to lift the banner of the Hanbali sect. He incorporated into it some new theories which, among other things, prohibited the visiting of graves or the building of structures over them, or the seeking of nearness to Allah through the Prophet and his Ahl al-Bayt; all of the above constituted, according to him, shirk, polytheism. These are the four sects, and these are their imams and what they have said about the Purified Progeny of Ahl al-Bayt. So, they either say what they do not do, which is a big abomination very much hated by Allah, or they may not have invented these sects at all but, rather, their own followers among the henchmen of the Umayyads and Abbasides were the ones who founded them with the help of oppressive rulers then attributed them to these imams after the latter's death. This you will come to know, Insha-Allah, in the next researches. Are you not amazed about these imams who were contemporary to the Imams of guidance from Ahl al-Bayt, then they turned away from the latter's Straight Path and were not guided by their guidance, nor were they enlightened by their light, nor did they prefer their hadith which quotes their grandfather the Messenger of Allah ? Rather, they preferred over them Ka`b al-Ahbar, a Jew, and Abu Hurayra the Dawsi about whom the Commander of the Faithful Imam Ali ibn Abu Talib has said, "The person who told the worst lies about the Messenger of Allah is Abu Hurayra al-Dawsi"?! Hazrat Ayesha said the same about him. And they prefer over them Abdullah ibn Umar who was famous for his hatred of Imam Ali, and who refused to swear the oath of allegiance to him, preferring to swear allegiance to the leader of misguidance al-Hajjaj ibn Yusuf al-Thaqafi instead. And they prefer over them Amr ibn al-As, Mu`awiyah's minister of deception and hypocrisy. Do you not wonder how these imams granted themselves the authority to be the jurists of Allah's creed through their own views and personal opinions till they put an end to the Prophet's Sunnah through what they introduced of analogy and the belief in the sanctity of all the sahaba, closing the door of evidence and that of the public's secured interests, etc., up to the end of the list of their innovations for which Allah never sent down any proof? Did Allah and His Messenger neglect the completing of the creed, permitting these men to complete it through their ownijtihad and permit and prohibit as they pleased?! Do you not wonder about the Muslims who claim to uphold the "Sunnah" how they follow men who never knew the Prophet, nor did he know them?! Do they have a proof from the Book of Allah, or from the Sunnah of His Messenger permitting them to follow and emulate those four Imams who founded those sects?! I challenge the thaqalain, the two species of mankind and the jinns, to bring about one single evidence for the above from the Book of Allah or from the Sunnah of His Messenger... No, by Allah! No! They will never be able to bring it about even if they assist one another. No, by Allah! There is not a single proof in the Book of Allah, nor in the Sunnah of His Messenger, except to follow and emulate the Purified Imams from the Prophet's Progeny, peace of Allah and His blessings upon him and them. How to prove this can be done through numerous arguments, convincing proofs, and glorious facts. So learn a lesson, O people who have vision! (Holy Qur'an, 59:2) Surely it is not the eyes that are blind, but blind are the hearts that are in the breasts. (Holy Qur'an, 22:46) [74] This is recorded on p. 170 of Abu Zuhra's book Ahmad ibn Hanbal. The Secret Why Sunni Sects are in the Majority One who researches history books and what is recorded by the predecessors will discover beyond any doubt that the reason why the four "Sunni" sects prevailed during those times is that it was due to the will and the management of the ruling authorities; it is for this reason that their followers are numerous, for people follow the creed of their rulers. Such researchers will also find out that scores of sects came and disappeared because the rulers were not pleased with them, so they melted. Among them is the Awza`i sect, the sects founded by Hasan al-Basri, Abu Ayeenah and Ibn Abu Thuayb, Sufyan al-Thawri, Ibn Abu Dawood, Layth ibn Sa`d, and many others. For example, Layth ibn Sa`d was a friend of Malik ibn Anas and was more knowledgeable and a better jurist than the latter according to the admission of Imam al-Shafi`i himself.[75] Yet his sect eroded, and his fiqh melted and went into oblivion because his contemporary government was not pleased with him. Ahmad ibn Hanbal has said, "Ibn Abu Thuayb is better than Malik ibn Anas except that Malik was more selective when choosing his friends."[76] If we refer to history, we will find Malik, the one who established a sect bearing his name, sought to be close to the government and its rulers, making peace with them and following them. He, therefore, became the highly respected man and the famous scholar, and his sect was disseminated through the methods of both terrorizing and attracting people particularly in Andalusia where his student Yahya ibn Yahya went to lengths in befriending the ruler of Andalus. Because of that, he became one of the latter's favorite men. The said ruler rewarded him with the position of judge, since he never appointed anybody as a judge except one of his Maliki friends. We also find out the fact that the reason why Abu Hanifah's sect was propagated after its founder's death because Abu Yusuf and al-Shaybani, who were followers of Abu Hanifah and among his most faithful students, were at the same time very close to Haroun "al-Rasheed," the Abbaside caliph. They played a major role in strengthening the latter's government and supporting and helping it, hence Haroun of the concubines and promiscuity did not permit anyone to be appointed as judge ormufti except with the consent of both of these men who never appointed any judge except if he was a follower of Abu Hanifah's sect. Abu Hanifah, therefore, came to be regarded as the greatest scholar, and his sect as the greatest sect of fiqhimplemented, despite the fact that his contemporary scholars went as far as calling him kafir and atheist. Among such scholars were both Imam Ahmad ibn Hanbal and Imam Abul-Hasan al-Ash`ari. Likewise, the Shafi`i sect could not have spread nor gained any momentum had it not been for the support of Abbaside authorities during the time of al-Mu`tasim when Ibn Hanbal retracted his theory that the Holy Qur'an was created, so his star shone during the Nasibi caliph al-Mutawakkil. His sect gained strength and was disseminated when colonial authorities supported Shaykh Muhammad ibn Abd alWahhab during the past century, and when the latter cooperated with Al Saud who immediately lent him their support and assisted him and worked diligently to propagate his sect in Hijaz and the Arabian peninsula. The Hanbali sect, thus, became the sect attributed to three Imams the first of whom was Ahmad ibn Hanbal, who never claimed that he was a faqih but only a scholar of hadith, then to Ibn Taymiyyah whom they called "Shaykh al-Islam," mentor of Islam, and "Mujaddid al-Sunnah," the one who revived the Sunnah, and whom his contemporary scholars regarded askafir because he decreed that all Muslims who sought nearness to Allah through the Prophet were polytheists. Then came in the past century Muhammad ibn Abd al-Wahhab, henchman of British colonialism in the Middle East, who also tried to "revive" the Hanbali sect through verdicts which he borrowed from Ibn Taymiyyah. Ahmad ibn Hanbal became a thing of the past because now they call their sect Wahhabism. There is no room to doubt the fact that the dissemination, fame and prominence of all these sects was through the support and with the blessing of various rulers. And there is also no room to doubt the fact that all those rulers, without any exception, were enemies of the Imams of Ahl al-Bayt due to their continuous fear that those Imams threatened their very existence and the abolishment of their authority. They, therefore, were always trying to isolate them from the nation, belittling them and killing anyone who followed their creed. It goes without saying that those same rulers were always appointing the scholars who were flattering them and who were issuing verdicts conducive to their government and authority, since people always need solutions for their legislative problems. Since the rulers in all times did not know anything about theShari`a, nor did they comprehend anything about fiqh, it was only natural that they appointed scholars to issue verdicts on their behalf and to mislead the public into thinking that politics and religion did not mix. The ruler, therefore, was a man of politics, whereas the faqih was always a theologian as is the case with the president of any Muslim republic: you always find him appointing the scholars who are close to him, calling them the "republic's muftis," or any such title, who are asked to look into issues related to religious verdicts, tenets, and rituals. Yet in reality such a person does not issue any verdict or a ruling except according to the directives which he receives from the ruling authority and in agreement with the ruler or, at least, not in opposition to the government's policy or the execution of its programs. This phenomenon came to exist since the time of the first three caliphs, namely Abu Bakr, Umar, and Uthman, for although they did not make a distinction between religion and politics, they granted themselves the right to be the legislators in order to legislate whatever served the interests of their caliphate and whatever secured its prestige and continuation. Since those three caliphs used to meet with the Prophet and be in his company, they learned from him some traditions which were not in contradiction with their policies. Mu`awiyah, for example, did not embrace Islam except in 9 A.H./630 A.D. according to the most famous and authentic narrative, so he did not accompany the Prophet except for a very short period of time and did not know anything worth mentioning about his Sunnah; therefore, he felt forced to appoint Abu Hurayra and Amr ibn al-As and some of the companions to issue verdicts according to his own liking. The Umayyads and the Abbasides after him followed such "praiseworthy Sunnah," or what they labelled al-bid`a al-hasana, the good innovation. Each ruler, thus, seated the high judge beside him to appoint the judges whom he regarded as good for the state and who would strengthen and support its authority. You do not need to know, beyond that, except the nature of those judges who preferred to displease their God in order to please their masters and benefactors who had appointed them in their positions. Having come to know all of that, you can understand the secret why the Infallible Imams from the Progeny of the Prophet were deliberately excluded from public life, and why not even one of them, across the centuries, was appointed as judge or mufti. If we wish to document more facts relevant to the methods whereby the four "Sunni" sects were promoted by the rulers, we need to cite only one example by removing the curtains from the sect established by Imam Malik, a sect which is regarded as one of their greatest, most prestigious, and whose fiqh is the broadest. Malik gained fame particularly because of writing his book Al-Mawta which, according to "Ahl al-Sunnah," is the most authentic book after the Book of Allah, and there are many scholars who regard it as superior to, and they prefer it over, al- Bukhari's Sahih. Malik's fame was extra-ordinary, so much so that this query came to be a household word: "Can anyone dare to issue a verdict while Malik is in town?" We must also not forget that Malik had issued a verdict prohibiting the transaction of a sale through the use of force, and it was for this reason that Ja`far ibn Sulayman, Medina's governor, whipped him seventy lashes. Malikis always use this incident to illustrate their man's opposition to the government, a conclusion which is quite erroneous, for those who narrated this incident are the same ones who narrated its sequel, and here are the details: Ibn Qutaybah has said, "They have indicated that during Abu Ja`far al-Mansour's reign, Malik ibn Anas was whipped by [al-Mansour's governor over Medina] Ja`far ibn Sulayman. Al-Mansour was enraged when he came to know about it; he resented it and was very displeased with it, so he wrote an order expelling Ja`far ibn Sulayman from his position as governor of Medina, ordering him to be brought to Baghdad on a bare hump. Then he wrote another letter to Malik ibn Anas inviting him to come to meet him in Baghdad, but Malik refused and wrote Abu Ja`far al-Mansour back asking him to excuse him, providing him with some sort of excuse. Abu Ja`far al-Mansour wrote him again saying, "Meet me, then, during the next hajj season next year, for I will then be, Insha-Allah, performing the rite." So if the "commander of the faithful" Abu Ja`far al-Mansour, the Abbaside ruler, deposes his cousin Ja`far ibn Sulayman ibn al-Abbas from his post as governor of Medina because of beating Malik, this really makes one quite skeptical and forces him to contemplate. The reason why Ja`far ibn Sulayman whipped Malik was only to support the caliphate and authority of his cousin the caliph; so, Abu Ja`far alMansour ought to have rewarded and promoted his governor rather than deposing and insulting him in such a manner. Instead, he deposed him and ordered him to meet him in the worst manner, chained and riding a bare hump. Then the caliph personally apologized to Malik in order to please him. This is truly strange. This incident gives the impression that the governor of Medina Ja`far ibn Sulayman behaved like a fool who knew nothing about politics and their intricacies and schemes, and it does not give the impression at all that Malik was the caliph's reliable supporter and the bearer of his standard in both holy shrines; otherwise, he would not have deposed his cousin from the post of governor simply because he had whipped Malik who deserved to be whipped on account of issuing a verdict prohibiting a forced allegiance. Such incidents happen to us and before our very eyes when some rulers resort to insulting someone or jailing him in order to enhance the prestige and security of the government. Then the same individual reveals his identity to be the relative of a cabinet minister, or one of the friends of the wife's president; the result: the governor is excused from his job and is ordered to take other responsibilities the nature of which is not known even to the governor himself! This reminds me of an incident which took place during the French occupation of Tunisia. The shaykh of the Eisawi [sufi]tareeqa and his men were carrying their banners and raising their voices with their praise-offering chants at night. They passed by some streets before reaching the neighborhood where their shrine was located as was their custom. Upon passing by the residence of the French commander of the police force, they were met by the latter who went out of his residence and was steaming with anger. He broke their banners and dispersed them because they did not honor the law of respecting one's neighbor and resorting to calm after 10:00 p.m. When the civil inspector, whom the Tunisians regarded as the equivalent of governor, came to know about this incident, he became very angry with the police officer whom he expelled from his job, giving him three days to leave the city of Qafsa. Then he invited the shaykh of the Eisawi tareeqa to meet him, and he apologized to him on behalf of the French government and sought to please him by giving him generous amounts of money to buy new banners and furniture as a compensation for the broken items. When one of those who were close to him asked him why he had done that, he said, "It is much better for us to keep these savage people busy with carrying banners, senseless escapades, and with eating scorpions; otherwise, they would direct their attention to us and make a morsel out of us because we have usurped their rights." Let us now go back to Imam Malik to hear him personally detailing the story of his meeting with the caliph Abu Ja`far al-Mansour. [75] Such admission is recorded on p. 524 of al-Shafi`i's Manaqib. [76] Tadhkirat al-Huffaz, Vol. 1, p. 176. Malik Meets Abu Ja`far al-Mansour This narrative, provided by the great historian Ibn Qutaybah in his book Tarikh alKhulafaa (history of the caliphs), is a quotation of what Malik himself had said; so, we have to first and foremost point out to this fact and take it into consideration. Malik has said: "When I arrived at Mina [during the next pilgrimage season], I came to the pavilions and sought permission [to meet al-Mansour], and permission was granted to me. The doorman came out to escort me after having obtained permission to let me in. I said to him, `Let me know when you reach the dome in which the commander of the faithful is.' He kept passing by one dome after another. Each dome contained different men with swords unsheathed and knives raised. Then he said to me, `He is inside that dome,' leaving me after having said so. He kept watching me from a distance. I walked till I reached the dome where he [alMansour] was, and I saw how he descended from his seat to the rug underneath it. He was wearing very simple clothes which did not suit people of his stature out of his own humbleness because of my visiting him, and nobody was in that dome except one guard standing with a raised unsheathed sword. "When I came near him, he welcomed me and kept pointing to me to come closer and closer to him till my knees touched his. The first thing he said was, `By Allah Who is the One and only God, O father of Abdullah! What happened was something which I never ordered. I never knew about it before it actually happened, nor did I ever accept it after it had happened.'" Then Malik continued to say: "So I praised Allah with regard to every condition and blessed the Messenger, then I told him that he was far from doing any such sort of thing or be pleased with it. Then he said to me, `O father of Abdullah! The people of the two holy shrines will continue to be blessed so long as you are among them. And I think you are for them a security against Allah's torment and might. Allah did, indeed, shun through your own person a momentous calamity, for they are, as far as I know, the most swift people to dissenting and the weakest to bear the consequences; may Allah fight them whenever they plan a scheme. And I have already issued an order to bring the enemy of Allah[77] from Medina on a bare hump, and I have ordered him to be humiliated and insulted to the extremes, and I shall most certainly afflict many times as much pain as he had inflicted upon you.' I said to him, `May Allah grant good health to the commander of the faithful and be generous to him! I have forgiven him due to his kinship to the Messenger of Allah and to you.' Abu Ja`far said, `And may He forgive you, too, and reward you.'" Malik went on to say, "Then he discussed with me what happened to the predecessors and the scholars, and I found him to be the most knowledgeable person of them. Then he discussed knowledge and jurisprudence with me, and I found him the most knowledgeable of all people about what they agreed upon and the most informed of their disagreements. He had learned by heart many narrations and was fully comprehending all what he had heard. Then he said to me, `O father of Abdullah! Organize your knowledge and write it down, and arrange what you write in book form, and avoid the extremism of Abdullah ibn Umar and the tolerance of Abdullah ibn Abbas and the oddities of Abdullah ibn Mas`ud, then seek common grounds, and record whatever the Imams and thesahaba, may Allah be pleased with them, had all agreed upon, so that we may oblige people, InshaAllah, to follow your knowledge, and we will disseminate your books in all lands and make sure that nobody disagrees with their contents nor judge except according to them.' I said to him, `May Allah keep theameer (ruler) on the path of righteousness, but the people of Iraq disagree with our knowledge, and they do not feel obligated to do what we do.' Abu Ja`far al-Mansour said, `The people of Iraq will be made to do it, and we will strike their heads with the sword and split their spines with our whips; so, hurry to do it, for Muhammad al-Mahdi, my son, will meet you next year, Insha-Allah, and I hope he will find out that you have finished this task, Insha-Allah.'" Malik said after that, "While we were thus sitting, a small child came out from the back side of the dome underneath which we were, and when he saw him, he was frightened and went back. Abu Ja`far said to him, `Come, my loved one! This is the father of Abdullah, the faqih of the people of Hijaz!' Then he turned to me and said, `O Abu Abdullah! Do you know why the child was frightened and did not come here?' I said, `No.' He said, `By Allah, he was shocked to see how closely you have been sitting to me, for he has never seen anyone besides you doing so; this is why he retreated.'" Malik went on to say, "Then he ordered for me a thousand gold dinars, a great outfit, and another thousand for my son. I sought his permission to depart, which he granted. I stood up, whereupon he bade me farewell and prayed for me, then I hurried out. The eunuch caught up with me, bringing me the outfit which he put on my shoulder as was their custom upon gaving someone of great importance a present so that he might be seen by people carrying it then handing it over to his servant. When the eunuch put that outfit on my shoulder, I leaned to avoid it, trying to disclaim it, whereupon Abu Ja`far ordered him to carry it to where my camel was tied."[78] [77] He is referring to his cousin Ja`far ibn Sulayman ibn al-Abbas, then his governor over Medina. [78] Ibn Qutaybah, Tarikh al-Khulafa, Vol. 2, p. 150. Unavoidable Commentary Serving the Research Anyone who examines this cordial meeting between Imam Malik and the oppressive caliph Abu Ja`far al-Mansour, and who studies their dialogue, will deduct the following conclusions: FIRST: We notice that the Abbaside caliph deposed his governor over Medina, cousin and closest of kin, insulting him after having deposed him, then apologized to Imam Malik because of his governor's conduct, swearing by Allah that it was not ordered by him, nor did he know about it beforehand, nor was he pleased when he came to know about it. All this underscores the harmony between both men and the status enjoyed by Imam Malik with Abu Ja`far al-Mansour to the extent that he met him alone wearing casual clothes and seated him in a way in which he never seated anyone else, so much so that even his son was frightened, and he retreated, upon seeing Malik's knees touching his father's. SECOND: We can draw another conclusion from al-Mansour's statement to Malik: "The people of the two holy shrines will continue to be blessed so long as you are among them, and I think you are for them a security against Allah's torment and might, and Allah did, indeed, shun through your own person a momentous calamity" that might have befallen them had they contemplated staging a rebellion against the caliph and his oppressive authority. Imam Malik had, in fact, calmed them, quelling their revolution, issuing a number of verdicts such as his saying that they were obligated to obey Allah, His Messenger, and the waliyy al-amr, the governor in this instance. Thus were people reluctant to rise against their caliph, and thus did Allah, through such a verdict, shun a genocide involving the caliph.[79] For this reason, al-Mansour said to Malik, "They are, as far as I know, the most swift people to dissenting and the weakest to bear the consequences; may Allah fight them whenever they plan a scheme." THIRD: The caliph was recommending Malik to be the scholar looked up to in all Islamic lands then forcing his sect on people and obliging them to follow it through the carrot and the stick. A reference to his enticing methods was his statement, "... so that we may oblige people, Insha-Allah, to follow your knowledge, and we will disseminate your books in all lands and make sure that nobody disagrees with their contents nor judge except according to them," and that they should send their envoys and messengers to him during the pilgrimage. A clue referring to his methods of intimidating people to follow him is his statement: "The people of Iraq will be made to do it, and we will strike their heads with the sword and split their spines with our whips." This statement indicates the extent of persecution meted to the poor Shi`as then at the hands of oppressive rulers who were persecuting and killing them in order to force them to abandon their allegiance to the Imams from Ahl al-Bayt and to follow Malik and his likes. FOURTH: We notice that Imam Malik and Abu Ja`far al-Mansour were subscribing to the same tenets and biases towards certain sahaba rather than others, and to their allegiance to the caliphs who had taken control of the caliphate by intimidation and persecution. Malik has said in this regard, "Then he discussed knowledge and jurisprudence with me, and I found him to be the most knowledgeable of all people about what is agreed upon and the most informed of their disagreements, etc." There is no doubt that Abu Ja`far al-Mansour reciprocated the same views held by Malik whom he complimented in a statement he had previously made to him during a meeting between both of them which took place before this one; said he then, "By Allah! I do not find anyone more knowledgeable than the commander of the faithful or more acquainted with fiqh." By the "commander of the faithful" he meant, of course, himself. From the above text we can understand that Imam Malik was a Nasibi: He never recognized the caliphate of the Commander of the Faithful Ali ibn Abu Talib at all. We have proven from the above that they all objected when Ahmad ibn Hanbal added the name of Ali to the list of the "righteous caliphs," making him the fourth. It is quite obvious that Malik died many years before the birth of Ahmad ibn Hanbal. Add to the above the fact that Malik relied, while transmitting hadith, on Abdullah ibn Umar, the Nasibi who used to say that they never regarded anyone during the lifetime of the Prophet as being equal to Abu Bakr, then Umar, then, Uthman, and that the sahaba beyond that were all alike! Abdullah ibn Umar ranks as the most prominent among the narrators of hadith whom Malik quotes. Most traditions quoted in Malik's Al-Mawta are actually his. So is Malik's jurisprudence. FIFTH: We notice that the politics which were based on oppression and injustice sought the support of the public through verdicts favorable to them written without any support from Qur'anic texts the texts of the Prophet's Sunnah. For example, alMansour, as indicated above, said to Malik, "Organize your knowledge and write it down, and arrange what you write in book form, and avoid the extremism of Abdullah ibn Umar and the tolerance of Abdullah ibn Abbas and the oddities of Abdullah ibn Mas`ud, and seek common grounds, and whatever the Imams and the sahaba, may Allah be pleased with them, had all agreed upon, so that we may oblige people,Insha-Allah, to follow your knowledge, and we will disseminate your books..., etc." This clearly shows that the sect followed by "Ahl al-Sunnah wal Jama`a" is but a mixture of "the extremism of Abdullah ibn Umar, the tolerance of Abdullah ibn Abbas, and the oddities of Abdullah ibn Mas`ud" in addition to whatever Malik recommended as "common grounds" among the "Imams," namely Abu Bakr, Umar, and Uthman, and what was agreed upon by the sahaba with whom caliph Abu Ja`far al-Mansour was pleased... It has none of the Sunnah of the Prophet which is derived from the traditions narrated by the Purified Imams of the Progeny of the Prophet some of whom were contemporaries to al-Mansour and Malik, and whom the said caliph isolated and murdered. SIXTH: It is noticeable that the first book documenting the Sunnah as excerpted from selected traditions narrated by the Prophet's companions, and by those who learned from the latter, is Al-Mawta by Imam Malik, and it was written according to the order issued by the caliph himself so that the latter might force people to accept it and to strike their heads with the swords if need be, according to alMansour. Such traditions, in this case, were bound to be among the ones manufactured by the Umayyads and Abbasides to serve their interests and strengthen their influence and authority, and to distance people from Islamic facts conveyed by the Prophet of Mercy. SEVENTH: We also notice that Imam Malik was apprehensive ONLY of the people of Iraq because they were avowed supporters of Ali ibn Abu Talib, people whose minds had absorbed his knowledge and fiqh, people who dedicated their religious following to the Purified Imams from his offspring, affording no face value whatsoever to Malik and his likes because they knew that these men were Nasibis who used to flatter the rulers and sell their religion for a dirham or a dinar. This is why Malik said to the caliph, "... but the people of Iraq disagree with our knowledge and they do not feel obligated to do what we do," and al-Mansour, with his typical arrogance, responded by saying, "The people of Iraq will be made to do it, and we will strike their heads with the sword and split their spines with our whips." This tells us how those sects, which the ruling authorities had invented and on which they placed the label of "Ahl al-Sunnah wal Jama`a," came to be. What is really strange is that you see Abu Hanifah in disagreement with Malik, and Malik in disagreement with Abu Hanifah, and both men in disagreement with both alShafi`i and al-Hanbali, while the latter is in disagreement with one another and with the other two! There is hardly one single issue upon which all four men agree except very rarely, yet they all are regarded as "Ahl al-Sunnah wal Jama`a," followers of the Sunnah and the consensus! What consensus is it?! Is it Maliki consensus, or is it Hanafi, Shafi`i, or Hanbali?! It actually is neither this nor that; rather, it is the consensus of Mu`awiyah ibn Abu Sufyan, for they are the ones who agreed with the latter when he made the cursing of Ali ibn Abu Talib from the pulpits a "Sunnah" followed for more than eighty years... And why do they accept their disagreements, while their fatwaviews are so diverse with regard to one and the same issue, yet they call their disagreement "a mercy" so long as it was confined to the four sects, but when another mujtahid disagrees with them, they charge him with kufr and excommunicate him from Islam?! Why do they not regard their disagreement with the Shi`as in the same light whereby they see the differences among themselves, had they only been fair and wise? But the Shi`as' crime cannot be forgiven because they prefer Ali ibn Abu Talib over all othersahaba, and this is the basis of the disagreement which "Ahl alSunnah wal Jama`a" cannot tolerate. It cannot be tolerated by those who agree on one single issue: the exclusion of Ali from the caliphate, and the hiding of his merits and the facts related thereto. EIGHTH: We notice how the rulers who confiscated the Muslims' wealth by force and oppression distribute such wealth generously to evil scholars who seek to be close to them in order to win their support and to barter their conscience and creed for the life of this world. Malik has said, "Then he [al-Mansour] ordered a thousand dinars in gold to be given to me in addition to a great outfit and another thousand for my son, etc." Such an admission by Malik is self-indicting, and there may be many similar incidents which are not discussed in public because Malik used to feel embarrassed of receiving gifts in public and hated to see people noticing him accepting them; this is clear from his statement: "When the eunuch put that outfit on my shoulder, I leaned to avoid it, trying to disclaim it;" so, when al-Mansour noticed that, he ordered the eunuch to carry it for Malik to where the latter's camel was tied so that people might not know about it. [79] There is no contradiction between his verdict prohibiting the securing of allegiance by force and his mandating obedience to the ruler, and they have, indeed, narrated many "traditions" supporting their viewpoint such as: "Whoever disobeys the ruler and dies disobeying him, his death will be the death of the days of jahiliyya." Another tradition they narrate says: "You are required to hear and obey even if the ruler takes your wealth and whips your back." The Abbaside Ruler Tests the Scholars of his Time The Abbaside caliph Abu Ja`far al-Mansour was one of the most shrewd men who knew how to control people's minds and buy their conscience. He tried his best to spread his influence and expand the area under his control by either enticing or terrorizing others (he followed the policy of "the carrot and the stick"). We have already come to know his cunning and conniving from the way he dealt with Malik after the latter had been whipped by the governor of Medina. This leads us to conclude that there was a very strong tie between Imam Malik and al-Mansour a long time before that incident took place. Malik had, in fact, met al-Mansour fifteen years before the meeting to which we referred above. It took place when al-Mansour had just taken control of the reins of government.[80]Among what al-Mansour had said then to Malik was the following: "O Abu Abdullah! I have seen a vision." "May Allah grant success to the commander of the faithful to reach the right decision," Malik responded, adding, "and may He inspire him to utter guidance; so, what did the commander of the faithful see?" Abu Ja`far al-Mansour said, "I saw that I should seat you in this house so you will be one of the custodians of the sacred House of Allah, and to oblige people to learn from you, and to get the residents of various countries send you their emissaries and messengers during the pilgrimage in order to guide them to what is right of their creed and to righteousness, Insha-Allah, for knowledge is with the people of Medina, and you are the most learned among them..."[81] Ibn Qutaybah says that when Abu Ja`far al-Mansour took hold of the reins of caliphate, he met with Malik ibn Anas, Ibn Abu Thuayb, and Ibn Sam`an, all in one meeting, then he asked them, "What sort of a man am I in your view? Am I a fair imam or an imam of oppression?" Malik said to him, "O commander of the faithful! I plead to you in the Name of Allah, the Most Exalted, and I seek intercession to you through Muhammad and his kinship to you, to excuse me from having to discuss it." Al-Mansour said, "The commander of the faithful has excused you." Ibn Sam`an answered him by saying, "You, by Allah, are the best of men, O commander of the faithful! You perform the pilgrimage to the sacred House of Allah; you fight our foe, and you secure the safety of the highways; the weak feel secure through you against being devoured by the strong, and it is through you that the creed stands; so, you are surely the best of men and the most just of imams." As for Abu Thuayb, he answered al-Mansour thus: "You, by Allah, in my view, are the very worst of all men; you took what belonged to Allah and His Messenger, and you confiscated the shares of those of kin, and of the orphans, and of the indigent; you annihilated the weak and exhausted the strong then took their wealth; so, what will be your excuse tomorrow when you stand before Allah?" Abu Ja`far al-Mansour said to him, "Woe unto you! What do I hear you saying?! Have you lost your mind?! Look and tell me: Who do you see in front of you?" He said, "Yes, I see swords, but it is only death, and it is something which cannot be avoided; the sooner it comes the better." After this conversation, al-Mansour dismissed Ibn Abu Thuayb and Ibn Sam`an, keeping Malik. Having granted him security, he said to him, "O Abu Abdullah! Go back to your country well-guided and guiding others. But if you prefer to stay with us, we will not prefer anyone over you, nor will we regard anyone as your peer." Al-Mansour then sent each one of them a money sack containing five thousand dinars with one of his policemen. He instructed the policeman thus: "Give each one of these men one of these sacks. If Malik ibn Anas takes it, leave him alone, and if he does not, there is no harm on him if he refuses it. But if Abu Thuayb take it, cut his head off and bring it to me, but if he gives it back to you, leave him alone and do not harm him. If Ibn Sam`an refuses to take his, kill him and bring his head to me, but if he takes it, let that secure his safety." Malik says, "The policeman took the sacks to all three of us. Ibn Sam`an accepted it, so he was safe. Abu Thuayb refused to accept it, so he was safe. As for me, I was, by Allah, in need of it, so I took it."[82] This incident demonstrates to us the fact that Malik knew very well how unjust and oppressive this caliph was. Yet, due to the friendly ties between him and alMansour, he begged him, invoking the name of Muhammad and his kinship to him, not to press him to express his opinion. Hence, what pleased the Abbaside rulers, and what concerned them most during that age and time, was people glorifing and praising their kinship to the Prophet; this is why the caliph understood what Malik was driving at, which he appreciated, and this is why he excused him from voicing his opinion. As for the second faqih, namely Ibn Sam`an, he complimented him for merits which he did not have out of fear of being killed, for the swordsman was standing there waiting for the caliph's signal. As for the third, that is, Ibn Abu Thuayb, he was brave; he did not fear anyone's reproach, and he was a sincere believer, a man of the truth who offered advice for the sake of pleasing Allah and His Messenger, and for the benefit of the general public; therefore, he confronted him with the facts and uncovered his falsehood and adulteration. And when he threatened to kill him, he fearlessly welcomed death. Al-Mansour had instructed his policeman to cut off Abu Thuayb's head if the latter accepted his gift, and to do likewise to Ibn Sam`an if the latter refused to accept it. Since Abu Ja`far al-Mansour was shrewd, you find him raising the status of Malik, forcing the public to embrace his sect, thus dealing the death blow to the sects established by Ibn Abu Thuayb despite the fact that the latter was more knowledgeable and much better than Malik as Imam Ahmad ibn Hanbal admitted.[83] Likewise, Layth ibn Sa`d was a better jurist than Malik as Imam alShafi`i had admitted.[84] Needless to say, during that time, Imam Ja`far al-Sadiq was the best, the most knowledgeable, and the greatest jurist of all of these men as they themselves admitted.[85] Did anyone in the nation reach his degree of knowledge or deeds, his merits or prestige, especially since his grandfather was Ali ibn Abu Talib who was the best, the most knowledgeable, and the greatest jurist among all people after the Messenger of Allah ? But politics elevate the status of some people while lowering that of others, and wealth advances some people at others' expense. What concerns us in this research is to prove through clear evidence and convincing arguments the fact that the four sects of "Ahl al-Sunnah wal Jama`a" are sects which were invented by the politics of their time, and the politicians who had invented them forced people to follow them by either terrorizing or enticing them, and by propagating for them; people simply follow the creed of their rulers. Anyone who wishes to see more proofs and research them further ought to read the book titled Al-Imam al-Sadiq wal Madhahib al-Arba`a (Imam al-Sadiq and the four sects) by Shaykh Asad Haydar, may Allah have mercy on his soul. He will then get to know how much prestige and influence Imam Malik had gained: even Imam al-Shafi`i used to plead to the governor of Medina to beg Malik to permit him [al-Shafi`i] to meet with him. The governor said, "I prefer to walk bare-footed the whole distance from Medina to Mecca rather than stand at Malik's door because I feel no humiliation worse than having to stand at his door." Here is Ahmad Ameen, the Sunni Egyptian scholar, stating the following in his book Zahara al-Islam: The governments played a major role in supporting the sects of Ahl alSunnah. When governments are strong, and when they support a particular sect, people will soon follow it, and it remains strong so long as the government remains strong.[86] We say that the sect of Imam Ja`far al-Sadiq, which is the sect of Ahl al-Bayt, if we were to call it a "sect" following in the Muslims' custom__otherwise it is nothing but authentic Islam brought about by the Messenger of Allah __was not supported by any ruler nor recognized by any authority. On the contrary, rulers deliberately aimed at rendering it unsuccessful, trying by all means to put an end to it and turn people against it. So if that "sect" nevertheless succeeded in penetrating the pitched darkness and maintained its supporters and followers across all those dark ages, it is only through the favor bestowed by Allah upon the Muslims: Allah's light can never be put out by any mouths, nor can the swords put an end to it, nor can it be rendered ineffective by false propaganda and purposeful rumors, and so that people will have no argument against Allah or be able to claim that they were unmindful. Those who emulated the Imams of Guidance from the Purified Progeny were only a few; they were only a handful following the demise of the Prophet. Across history and as time passed by, they multiplied because the good tree is firmly rooted, and its branches are in the skies, timely bearing its fruit by the permission of its Lord, and what belongs to Allah continues and is never diminished... Quraysh had wished to put an end to Muhammad at the dawn of his mission, and when they, by Allah's favor and by the favor of Abu Talib and Ali who were always ready to offer their lives to be sacrificed for him, the culprits from Quraysh were unable to do so; therefore, they entertained themselves with the thought that the lineage of Muhammad would discontinue at the time of his death, and his issue will come to an end, so they grudgingly waited in anticipation. But the Lord of the Worlds granted him al-Kawthar, and Muhammad became the grandfather of al-Hasan and al-Husayn, and he gave the glad tidings to the believers that they both were Imams whenever they stood up or sat down, and that all the Imams would be from the offspring of al-Husayn... All this threatened Quraysh's interests and future. It was not to its liking at all. Quraysh, thus, broke out in rebellion immediately after the demise of Muhammad, trying to put an end to all his progeny. They surrounded Fatima's house with fire wood. Had Ali not sought peace with them, and had he not sacrificed his right to the caliphate and not stayed on peaceful terms with them, they would surely have finished him, and Islam would have become, starting from that very day, a thing of the past. Quraysh became calm again when they felt that their grip over the reins of government was secure against anyone threatening their interests, especially if such a threat came from Muhammad's offspring. As soon as the caliphate was rendered to Ali, however, Quraysh once more lit the fires of war to crush him. They did not calm down except after having put an end to him and brought caliphate back to the very worst among their clans, turning it a Kaiser-style monarchy wherein fathers would appoint their sons to succeed them. And when alHusayn refused to swear the oath of allegiance to Yazid, Quraysh broke out thundering in revolt to deal the death blow to the Prophet's family and to anyone called an offspring of Muhammad ibn Abdullah, hence the massacre at Karbala... In that massacre, they killed the offspring of the Prophet, including children and infants, and they wanted to uproot the tree of Prophethood in all its branches, but Allah, Glory and Exaltation are His, fulfilled His promise to Muhammad by saving Ali ibn al-Husayn [Imam Zain al-Abidin] and brought out of his loins the rest of the Imams. Thus, the east of the earth and the west is now full of his offspring, and such is al-Kawthar... There is hardly any country, town, or place on earth without the presence of the offspring of the Messenger of Allah who enjoy people's respect and love. Nowadays, after the failure of all attempts, the population of the Shi`as who follow the Ja`farifiqh alone outnumber 250 million world-wide. They all emulate the Twelve Imams who descended from the Prophet's family, seeking nearness to Allah through loving and being loyal to them, hopeful of the intercession of their grandfather on the Day of Judgment. You cannot find such figure among the followers of any one particular sect if taken individually despite the rulers' power and finance. And they plan, and Allah, too, plans, and surely Allah is the best of planners. (Holy Qur'an, 8:30) Did Pharaoh not order every male born to the Israelites to be killed when the soothsayers told him that one of their newborns would threaten his kingdom with extinction? But "the best of planners" saved Moses from Pharaoh's mischief and looked after him till he grew up even in the lap of Pharaoh himself, thus bringing his kingdom to an end, annihilating his party, and the Command of Allah is always carried out. Did not Mu`awiyah (the Pharaoh of his time) not curse Ali, killing him, his offspring, and supporters? Did he not prohibit anyone from mentioning any of his merits? Did he not try, through all his schemes, to put out the light of Allah and bring things to the way they used to be during the time of jahiliyya? But "the best of planners" raised the name of Ali despite the nose of Mu`awiyah and his party, so Ali's grave became a shrine visited by numerous pilgrims, Sunnis and Shi`as; nay! Even Christians and Jews praise and laud Ali ! Ali's became the second most frequently visited grave after that of the Messenger of Allah. Millions of Muslims circle it tearfully, seeking nearness to Allah. Above it is a gilt dome and lofty gilt minarets that steal everyone's sight. As for Mu`awiyah, the emperor who ruled the land and filled it with corruption, nobody mentions him well. Do you see any shrine erected for him or any monument? Do you see any grave site for him visited by anyone other than a dark and neglected cemetery? Surely falsehood has a round, while the truth remains firmly seated; so, be admonished, O people of reason. All Praise is due to Allah for having guided us. All praise is due to Allah Who clarified for us the fact that the Shi`as are the true followers of the Sunnah of His Messenger; they surely are the followers of the Prophet's Sunnah because they follow the example of Ahl al-Bayt, the people of the house of Prophethood, and surely the people of the house know best what their house contains. They are, after all, the ones whom Allah chosen. He made them the inheritors of the knowledge of His Book. He has also clarified for us the fact that "Ahl al-Sunnah wal Jama`a" followed the innovations of their rulers among their predecessors and the latter's posterity; moreover they truly cannot prove their claims at all. [80] On p. 150, Vol. 2, of his book Tarikh al-Khulafa, Ibn Qutaybah indicates that their first meeting took place in 148 A.H./765 A.D. and the second one took place during the season of the pilgrimage in 163 A.H./780 A.D. We say that Malik used to meet the caliph quite often, and that the reason why Ibn Qutaybah mentioned these meetings specifically is due to the fact that Malik had himself narrated their tales, and because such narrations contained very important issues. It is not rational to say that the caliph used to meet with his state's supreme judge only once every fifteen years. [81] Ibid., Vol. 2, p. 142. [82] Ibn Qutaybah, Tarikh al-Khulafa, Vol. 2, p. 144. [83] Tadhkirat al-Huffaz, Vol. 1, p. 176. [84] Such admission is recorded on p. 524 of al-Shafi`i's book Al-Manaqib. [85] You have already come across Malik's statement that, "No eyes had ever seen, nor ears have ever heard, nor anyone saw anyone a better jurist than Ja`far ibn Muhammad al-Sadiq. [86] Zahara al-Islam, Vol. 4, p. 96. Hadith al-Thaqalayn According to Shi`as What points out to the fact that Shi`as are the followers of the authentic Prophetic Sunnah is hadith al-thaqalayn (tradition of the two weighty things) of the Messenger of Allah who is quoted saying: I am leaving among you the Two Weighty Things: the Book of Allah and my `Itrat (Progeny), my Ahl al-Bayt. So long as you (simultaneously) uphold both of them, you will never be misled after me; so, do not go ahead of them else you should perish, and do not lag behind them else you should perish; do not teach them, for they are more knowledgeable than you.[87] According to some narrations, the Prophet added to the above saying, "The Most Benevolent, the all-Knowing, has informed me that they both shall never part till they meet me at the Pool (of al-Kawthar)." This tradition of the Two Weighty Things in the wording indicated above is recorded by "Ahl al-Sunnah wal Jama`a" in more than twenty of their major Sahih[88] reference books and Musnads[89], and it is included by the Shi`as in all their books of hadith. It is, as you can see, too clear to require any additional clarification in its implication that "Ahl al-Sunnah wal Jama`a" have, indeed, strayed because they did not uphold both of them simultaneously; they have strayed because they preferred their own views to those of Ahl al-Bayt thinking that Abu Hanifah, Malik, al-Shafi`i, and Ibn Hanbal were more knowledgeable than the Pure Progeny, so they followed them and abandoned the Pure Progeny. The claim expressed by some of them saying that they uphold the Holy Qur'an is groundless because the Holy Qur'an contains general issues and does not explain its injunctions in detail. It also accepts more than one interpretation. It needs someone to explain and interpret its verses as is the case with the Prophet's Sunnah which requires reliable narrators and knowledgeable interpreters. There is no solution for this problem except to refer to Ahl al-Bayt, I mean the Imams from the pure Progeny whom the Messenger of Allah named as his wasis, successors. If we add other traditions to the tradition of the Two Weighty Things mentioned above which carry the same meaning and aim at the same goal, such as the following statement of the Prophet: "Ali is with the Qur'an, and the (knowledge of the) Qur'an is with Ali, and they shall never separate till they reach me at the Pool [of Kawthar],"[90] and also his statement, "Ali is with the truth and the truth is with Ali, and they shall never separate from one another till they reach me at the Pool [of al-Kawthar] on the Day of Judgment,"[91] we and any other researcher will then become certain that whoever abandons Ali abandons the true interpretation of the Book of Allah, the Most Exalted One, and whoever forsakes Ali leaves the truth behind his back and follows falsehood, for there is nothing beyond the truth except falsehood. We will also become certain that "Ahl al- Sunnah wal Jama`a" did, indeed, abandon the Holy Qur'an and the Prophet's Sunnah when they abandoned the truth, namely Ali ibn Abu Talib, peace be upon him. This also is a testimony to the accuracy of the Prophet's prophecy indicating that his nation will be divided into seventy-three parties (sects) all of whom will be wrong with the exception of one. The saved party is the one that followed the truth and the guidance when it followed Imam Ali. It fought on his side and accepted the peace which only he concluded. It sought guidance from his knowledge then upheld the blessed Imams from his offspring. They are the best of men. Their reward with their Lord is: gardens of eternity beneath which rivers flow, abiding therein forever; Allah is well pleased with them and they with Him; such is the reward of whoever fears his Lord. (Holy Qur'an, 98:7-8) [87] This hadith is recorded in al-Tirmidhi's Sahih, in Muslim's Sahih, in alHakim's Mustadrak al-Sahihayn, in Ahmad's Musnad, in al-Nasa'i's Khasais, in Ibn Sa`d's Tabaqat, and by the books of al-Tabrani, al-Suyuti, Ibn Hajar, Ibn al-Athir, and many others [who all are Sunnis]. For the numbers of pages and volumes, refer to page 82 and the pages following it [of the original Arabic text] of the book titled Al-Muraja`at [by Sharafud-Din Sadr ad-Din al-Musawi al-Amili]. [88] Compilations of traditions they regard as authentic. [89] Books upon which religious rulings are based. [90] Al-Hakim, Mustadrak, Vol. 3, p. 124, and it is also recorded by al-Dhahabi in his Talkhis. [91] Al-Muttaqi al-Hindi, Kanz al-Ummal, Vol. 5, p. 30. Ibn Asakir, Tarikh, Vol. 3, p. 119, Vol. 3. Hadith al-Thaqalayn According to "Ahl al-Sunnah" As we have indicated above, the tradition we quoted in the previous chapter is in the wording of the scholars of "Ahl al-Sunnah wal Jama`a" who admitted its authenticity in more than twenty of their famous classic reference books. Since they have admitted the authenticity of this tradition, they, in fact, have testified against their own selves that they, by implication, are misguided because they did not uphold the Pure `Itrat, embracing shaky sects for which Allah never revealed any proof, nor is there any reference to them anywhere in the Prophet's Sunnah. What is strange in as far as the scholars of "Ahl al-Sunnah" these days are concerned, after the extinction and annihilation of Banu Umayyah, when means of direct communications are abundant, when scientific research methods are available, why do they not repent and return to Allah when they can, so that they may be included among those to whom the Almighty refers when He says, "And most surely I am most Forgiving to whoever repents and believes and does good then continues to follow the right guidance" (Holy Qur'an, 20:82)? If people during past generations, during the time of caliphate, were forced by intimidation and oppression to follow their rulers, what is their excuse now especially since the ruler of any country is not concerned about anything related to the religion so long as his throne is secure and he gives "democracy" and "human rights," which include the freedom of thought and creed, his lip-service? There are few among the scholars of "Ahl al-Sunnah" who voice their objection to the said tradition of Two Weighty Things, wording it differently to read, "I have left among you the Book of Allah and my Sunnah."[92] The least we can say about them is that they are further from scholarly criteria and from the bases upon which research and knowledge stand, and they are distant from any ability to prove their claim by sound argument and evidence. [92] We have already stated, while discussing hadith, that the tradition worded "... the Book of Allah and my Sunnah" is transmitted without any bases, and it was not included in such wording by any of the Sahih books. Contrariwise, the same tradition worded "... the Book of Allah and my `Itrat" is an authentic tradition consecutively transmitted and which all authors of Sahih books, be they Sunnis or Shi`as, record. Is it "the Book of Allah and my Progeny" or "the Book of Allah and my Sunnah"? I have thoroughly dealt with this subject in my book Ma`al Sadiqeen ([so let us be] with the truthful). I said briefly that both traditions do not contradict one another because the authentic Sunnah is preserved with the pure Progeny of Ahl al-Bayt, peace be upon them, and that the residents of the house know best what their house contains. Ali ibn Abu Talib is the gateway to the Prophet's Sunnah, and he is more worthy of being regarded as Islam's narrator of hadith than Abu Hurayra, Ka`b alAhbar[93], or Wahab ibn Munabbih. Despite all of that, we have to provide more explanations and clarifications even if doing so will be at the cost of being repetitious, for there is always a benefit in repetition, perhaps some of them did not read it there, so they will be exposed to it here with additional explanations and clarifications. The kind readers may find in this research what convinces them that the hadith reading "... the Book of Allah and my `Itrat(Progeny)" is the original one, and the caliphs deliberately altered its wording to read "... the Book of Allah and my Sunnah" so that they might thus be able to exclude Ahl al-Bayt from life's stage. We have to note here that the tradition reading "... the Book of Allah and my Sunnah" is not held as authentic even by "Ahl al-Sunnah wal Jama`a" because they themselves have narrated in their Sahih books that the Prophet prohibited them from writing his Sunnah down! So, if such a prohibition is proved to be true, how is it possible to imagine the Prophet saying, "I have left among you my Sunnah" while such Sunnah is neither recorded nor known to anyone?! Moreover, were the tradition worded "... the Book of Allah and my Sunnah" authentic, how was Umar ibn al-Khattab justified in responding to the Messenger of Allah by saying, "The Book of Allah suffices us"?! Had the Messenger of Allah left a written Sunnah, how did Abu Bakr and Umar justify their burning of it and their prohibiting people from learning it?! Were the tradition reading "... the Book of Allah and my Sunnah" authentic, why did Abu Bakr deliver a sermon following the demise of the Prophet in which he said, "Do not narrate anything about the Messenger of Allah; whoever asks you, say: `Between us and you is the Book of Allah, so follow what it permits and abstain from what it prohibits.'"?[94] Had the tradition reading "... the Book of Allah and my Sunnah" been authentic, why did Abu Bakr violate it when he fought those who refused to pay zakat while the Messenger of Allah had said, "Whoever articulates: La ilaha illa-Allah, his life and wealth are to be protected, and his judgment will be on Allah"?! Had the tradition worded "... the Book of Allah and my Sunnah" been authentic, how did Abu Bakr and Umar, and those who agreed with them from the sahaba, justify their violation of the sanctity of Fatima al-Zahra and their attack on her house and threat to burn it down and everyone inside it? Did they not hear the Prophet say about her, "Fatima is part of me; whoever angers her angers me, and whoever harms her harms me"? Yes, by Allah, they did hear and understand it... Did they not hear the verse saying, "Say: I do not ask you for any reward for it except kindness to my kin" (Holy Qur'an, 42:23) which was revealed in honor of Fatima's husband and sons? Did they regard kindness to Ahl al-Bayt to be terrorizing them, threatening to burn them alive, and crushing Fatima's stomach till she miscarried?! Had the tradition worded "... the Book of Allah and my Sunnah" been authentic, how did Mu`awiyah and the sahaba who swore the oath of allegiance to him and followed him permit themselves to curse Ali and condemn him from the pulpits during the entire Umayyad reign? Did they not hear Allah's commandment that they should bless him just as they bless the Prophet ? Did they not hear the Prophet saying, "Whoever curses Ali curses me, and whoever curses me curses Allah"?[95] Had the tradition reading "... the Book of Allah and my Sunnah" been authentic, why was such Sunnah unknown by most companions, so they were unfamiliar with it, hence they issued religious verdicts based on their own personal views, and so did the four Imams who resorted to analogy and ijtihad, to "consensus" and to closing the door of pretexts and those of public interests taken for granted, supporting their views by quoting certain companions, a number of rulers whom they liked, opting to choose the "lesser evil," etc.?! Since the Messenger of Allah left "the Book of Allah and the Sunnah of His Prophet " in order to protect people against misguidance, there is no need for any of these things invented by "Ahl al-Sunnah wal Jama`a" especially since every innovation is misguidance, and every misguidance is in the fire of Hell, according to the sacred hadith. Rational people and the people of knowledge blame the Prophet for neglecting his Sunnah and not ordering others to record and safeguard it against distortion, variation, invention and innovation, then saying to people, "I am leaving among you the Two Weighty Things, so long as you uphold them, you shall never stray after me: the Book of Allah and my Sunnah"! But if these rational folks are told that he prohibited them from writing it down, it will be the greatest joke, for this is not the doing of the wise: How can he prohibit the Muslims from writing his Sunnah down then tell them that he is leaving his Sunnah among them?! Add to the above the fact that the Glorious Book of Allah, when we add to it the Prophet's Sunnah which the Muslims wrote during many centuries, contains what abrogates and what is abrogated, and it has the specific and the general, and the fixed and what is similar to something else, for it is the sister of the Holy Qur'an. But all the text of the Holy Qur'an is correct because Allah, Glory to Him, took upon Himself to protect it, and because it is recorded. As for the Sunnah, it contains more inaccuracies than accuracies. The Prophet's Sunnah is, first and foremost, in need of someone who is divinely protected against sinning to point out to its accuracies and to reveal all the changes made to it. Anyone who is not divinely protected against sinning can never do anything of this sort even if he were the scholar of scholars. Both the Holy Qur'an and the Sunnah, moreover, need a very highly knowledgeable scholar who is deeply immersed in their injunctions and familiar with their secrets in order to show people, after the death of the Prophet, all the issues in which they differed and the ones with which they are familiar. Have you not seen how Allah, the Most Praised One, pointed to the fact that the Holy Qur'an needs someone to explain it, saying, "We have revealed the Reminder (Qur'an) so that you may clarify to men what has been revealed to them and so that perhaps they may reflect" (Holy Qur'an, 16:44)? Had the Prophet not been present among the people to explain the revelation to them, the Holy Qur'an would not have been revealed to them. They surely would not have come to know Allah's commandments even if the Holy Qur'an had been revealed in their language. This is simple common sense about which nobody contends, one which everyone knows. Despite the revelation of the Holy Qur'an and its imposition of prayers,zakat, fast, and pilgrimage, the Muslims need the explanations of the Prophet especially since he was the one who showed them how to perform the prayers, how much zakat should be paid, what the injunctions related to the fast are, what rites the pilgrimage includes..., etc. Had it not been for him, people would never have come to know any of that. If the Holy Qur'an, which contains no contradictions, and which no falsehood can approach from before it or from behind, needs someone to explain it, the Sunnah is in a greater need than the Holy Qur'an for someone to explain it due to the abundance of its contradictions which resulted from all the insinuations and lies that crept into it. Such a need is quite natural, even a rational necessity, that each Messenger should look after the Message with which he is sent, so he appoints someone to succeed him in doing so. Such an appointment of a successor and caretaker is done only through divine revelation so that the Message may not die when he dies; it is for this reason that each and every prophet had a successor. It is to meet such a pressing need that the Messenger of Allah appointed his vizier and successor over his nation to be Ali ibn Abu Talib whom he raised since his childhood to be adorned with the conduct of prophethood. He taught him as he grew up the knowledge of the early generations and the last, acquainting him and only him with secrets which nobody else knows, guiding the nation to him time and over again, advising them in his regard repeatedly. He, for example, told them once, "This is my Brother, Successor, and Caliph over you," and once, "I am the best of the prophets, while Ali is the best of the successors of the prophets and the best man whom I leave behind (after my demise)." He also said, "Ali is with the truth and the truth is with him," and "Ali is with the Qur'an and the [knowledge of the] Qur'an is with him," and "I fought for the sake of the revelation of the Qur'an while Ali will fight for [safeguarding] its interpretation, and he is the one who will explain to my nation whatever they differ about after me," and "Nobody pays my dues except Ali, and he is the wali of every believer after me," and "Ali to me is like Aaron was to Moses," and "Ali is of me and I am of him, and he is the gate of my knowledge."[96] It has been scholarly and historically proven, as supported by the writings of biographers, that Ali was, indeed, the only authority upon whom the sahaba, be they the learned or the ignorant, depended. Suffices for that the admission of "Ahl al-Sunnah" that Abdullah ibn Abbas, whom they call "the nation's scholar," is Ali's student who graduated from his school, and suffices for a proof the fact that all branches of knowledge with which Muslims are familiar were attributed to him, peace be upon him.[97] Let us suppose that the tradition of "... the Book of Allah and my Sunnah" contradicted the one whose wording has "... the Book of Allah and my `Itrat," the second should be preferred over the first so that a rational Muslim may refer to the pure Imams of Ahl al-Bayt for explanations of the concepts embedded in the Holy Qur'an and Sunnah. But if one accepts only the tradition containing the wording "... the Book of Allah and my Sunnah," he will be puzzled about both the Qur'an and the Sunnah and not find the reliable authority who can explain for him the injunctions which he could not understand, or the ones in which scholars differ a great deal, and about which the Imams of those sects said many different or contradictory statements. There is no doubt that if one were to take what this scholar or that says, or were he to follow the views of this sect or that, he will be following and accepting without a proof the accuracy or the lack thereof of this jurist or that. To accept this sect and reject that is blind fanaticism, a baseless imitation. Allah, the most Exalted, has said the following in this regard, "And most of them follow only conjecture; surely conjecture will not avail anything against the truth; surely Allah is cognizant of what they do" (Holy Qur'an, 10:36). Let me bring you one example so that the dear reader may get to know the authenticity of this tradition, and so that the truth may become distinct from falsehood: If we take the Holy Qur'an and read the verse in it which refers to the wudu (ablution), we will read what Allah, the most Exalted, has said to be the following: "... and rub (therewith) your heads and feet to the ankles" (Holy Qur'an, 5:6); we will immediately understand that it implies that rubbing the feet is done in the same way the heads are rubbed. Yet if we look at what Muslims are actually doing, we will see them differing from one another: all "Ahl al-Sunnah wal Jama`ah" wash them, whereas all Shi`as rub them! Thus we will be puzzled and become skeptical: which party is right? If we refer to the scholars among "Ahl al-Sunnah wal Jama`ah," and to the scientists of exegesis, we will find them differing from one another with regard to such ruling, each according to the traditions upon which he depends. They say that there are two ways to read the original Arabic word, the object of rubbing or washing: one way suggests it should be pronounced arjulakum, and the other suggests its pronunciation should be arjulikum. Then they argue saying that both methods are accurate, that whoever reads it arjulakum should wash his feet, and whoever reads it arjulikum should wipe them! A third scholar, one who is deeply acquainted with the Arabic language from Sunni scholars[98] says, "Both methods of reading this word obligate rubbing," adding that the Holy Qur'an indicates rubbing whereas the Sunnah has been to wash them! As you can see, dear reader, the scholars of "Ahl al-Sunnah wal Jama`ah" did not remove our confusion because of all the contradictions in their statements. Rather, they even increased our doubts when they said that the Sunnah has contradicted the Holy Qur'an, while the Prophet is cleared from being accused of doing anything contrary to the commandments stated in the Holy Qur'an; he could never have washed his feet when performing his ablution. Had the Prophet washed his feet during his ablution, no highly respected sahabi would have ever contradicted him, knowing that the sahaba were men of knowledge and scholarship, and they were close to him and saw what he did. Among such sahaba was Ali ibn Abu Talib, Ibn Abbas, al-Hasan and al-Husayn, Huthayfah of Yemen, and Anas ibn Malik. All the sahaba who read that word asarjulikum, who constitute most qaris, in addition to all Shi`as who emulate the Imams from the pure Progeny of the Prophet, have instituted that the feet must be rubbed, not washed, during the ablution. So what is the solution?! Have you not seen, dear reader, that any Muslim remains confused regarding his skepticism if he cannot refer to someone upon whom he can rely? He, otherwise, will not find what is right and how to distinguish what is the correct commandment of Allah and what is falsely attributed to Him. I have deliberately brought you, dear reader, this example from the Holy Qur'an so that you may get to know the extent of differences of views and the contradictions in which Muslim scholars from "Ahl al-Sunnah wal Jama`ah" are wandering about regarding something which the Prophet used to do so many times each and every single day, and for twenty-three years... This is something with which all people, the commoners and the elite, among the companions of the Prophet, should have been familiar. Yet we find the scholars of "Ahl al-Sunnah" differing among themselves: some read one word [of the Holy Qur'an] this way, while others read it differently, deriving contradictory religious rulings, each party according to the way it reads it. And such scholars have in their exegesis of the Book of Allah and the organization of its injunctions, according to the way they read it, numerous differences which are not foreign to the researchers. If their differences with regard to interpreting the Book of Allah are so obvious, more obvious are their differences with regard to the Prophet's Sunnah..., so what then is the solution? If you say that we have to refer to someone who can be relied upon to explain and clarify the accurate injunctions derived from the Holy Qur'an and Sunnah, we will then demand that you name such a wise speaker, for the Holy Qur'an and Sunnah do not [by themselves] protect anyone from straying; they both are silent; they do not speak, and they permit many interpretations, as we have stated above with regard to the verse relevant to the ablution. We have already agreed, dear reader, that we must follow the scholars who are knowledgeable of the facts relevant to the Holy Qur'an and Sunnah, and the disagreement between us remains in getting to know who such scholars are. If you say that they are the nation's scholars headed by the respected sahaba, we have already come to know about their differences regarding the verse relevant to the ablution, and about many other issues, and we have also come to know that they fought one another and called one another kafir; therefore, we cannot depend on all of them; rather, only the righteous among them should be relied upon, and the problem still lingers. And if you say that we should refer to the Imams of the four [Sunni] sects, you have also come to know that they have differed among themselves in most issues, so much so that some of them regarded the articulation of the Basmaleh as abominable, whereas others have decided that without it, the prayers are void. You have also come to know how these sects came about, that they were manufactured by the oppressive rulers, and that they are far from the time of the Message and did not know the sahaba, let alone the Prophet, in person. We have at hand only one single solution which is: to refer to the Imams of the pure `Itrat, the Progeny of the Prophet, of Ahl al-Bayt from whom Allah removed all abomination and whom He purified with a perfect purification, the doers of good, the scholars whom nobody could surpass in their knowledge or asceticism, in safeguarding the creed and piety. They, and only they, are the ones protected by Allah against lying or erring as the Holy Qur'an testifies[99] and according to the testimony of the great Prophet.[100] Allah has permitted them to inherit the knowledge of His Book after having chosen them for this task, and the Messenger of Allah taught them all what people need, recommending them to the nation, saying, "The similitude of my Ahl al-Bayt among you is like the ark of Noah: whoever boards it is saved, and whoever lags behind it is drowned." Ibn Hajar, one of the scholars of "Ahl al-Sunnah wal Jama`ah," has said the following while explaining this tradition and admitting its authenticity: The reason why he compared them to the ark is that whoever loves and venerates them as means to thank the One Who bestows His blessings upon them, following the guidance of their scholars, will be saved from the darkness of transgression, whereas whoever lags behind them will be drowned in the sea of ingratitude to Allah's blessings and will perish in the paths of oppression.[101] Add to the above the fact that you cannot find even one scholar in the past or present Islamic nation, since the time of thesahaba and till today, who claimed that he was more knowledgeable or better than the Imams of the Prophet's pure Progeny, nor can you find anyone at all in this nation who claimed that he taught any of the Imams from Ahl al-Bayt or guided them in anything at all. If you, dear reader, wish to review more proofs and explanations thereto, you ought to readAlMuraja`at and Al-Ghadeer.[102] Yet what I have offered you ought to be sufficient if you are fair, especially since the tradition that starts with "I have left among you the Two Weighty Things..., etc." is the truth which reason and feeling endorse and which is supported by both the Sunnah and the Holy Qur'an. Thus does it become clear to us once again, through clear proofs which cannot be refuted, that Imamite Shi`as are the followers of the true Prophetic Sunnah, whereas "Ahl al-Sunnah wal Jama`ah" have obeyed their rulers and dignitaries who misled them and left them groping in the dark. All Praise is due to Allah, the Lord of the Worlds, for having guided those whom He has chosen from His servants. [93] His full name is Abu Ishaq Ka`b ibn Mati` (d. 32 A.H./652 A.D.). He was a Jew from Yemen who pretended to have embraced Islam then went to Medina during the reign of Umar ibn al-Khattab. Then he went to Syria to be one of Mu`awiyah's advisers. He die in Hims. He is believed to have succeeded in injecting a great deal of Judaicas into the Islamic beliefs. __ Tr. [94] Al-Dhahabi Tadhkirat al-Huffaz., Vol. 1, p. 3. [95] Al-Hakim, Mustadrak , Vol. 3, p. 121, quotes this tradition and says, "It is authentic according to the methods of verification followed by both Shaykhs [Bukhari and Muslim] who did not (!) record it." It is also recorded on p. 73 of alSuyuti's book Tarikh al-Khulafa, on p. 24 of al-Nisai's Khasais, and on p. 82 of alKhawarizmi's book Al-Manaqib. [96] All these traditions are regarded by "Ahl al-Sunnah wal Jama`a" as authentic, and they are recorded by many of their scholars who admit their authenticity. We have discussed them in our previous books. Anyone who wants to review their references ought to read Al-Muraja`at which is verified by Husayn al-Radi. [97] Refer for more information to the Introduction to Sharh Nahjul-Balagha by the Mu`tazilite scholar Ibn Abul-Hadid. [98] Al-Fakhr al-Razi states these views on p. 161, Vol. 11, of his book Al-Tafsir al-Kabir, the grand exegesis. [99] One such testimony is in verse 33 of Surat al-Ahzab (Chapter 33) which reads, "Surely Allah wills to remove from you, O Ahl al-Bayt, all abomination, and to purify you with a perfect purification." [100] Among such testimonies is his statement, peace and blessings be upon him and his progeny, "Uphold the Book of Allah and my `Itrat (Progeny); so long as you uphold them both (simultaneously), you shall never stray after me." Just as the Book of Allah is protected by Allah from any error, so is the case with the pure Progeny . Anyone who is not infallible cannot be relied upon to guide others. One who himself is liable to err is in need of guidance. [101] This is stated on p. 151 of Al-Sawa`iq al-Muhriqa by the Shafi`i scholar Ibn Hajar. [102] To the best of my knowledge, no English translation of the 11-Volume encyclopedia titled Al-Ghadeer fil Kitab wal Sunnah wal Adab by Abd al-Husayn Ahmad al-Amini al-Najafi is available yet. Its fourth edition was published in 1397 A.H./1977 A.D. by Dar al-Kitab al-Arabi of Beirut, Lebanon. This book needs a book all by itself to describe its literary value, the knowledge it contains, and the data with which it is filled. __ Tr. Shi`a Sources of Legislation Anyone who traces the fiqh of Imamite Shi`as will find the latter referring in all juristic injunctions__with the exception of those relevant to our modern time[103]__to the Prophet through the avenue of the Twelve Imams from his Ahl al-Bayt, peace be upon them. They have two, and only two, such sources, namely: the Book of Allah and the Sunnah. By the first I mean the Holy Qur'an, and by the Sunnah I mean the Sunnah of the Prophet, blessings of Allah and peace be upon him for having brought it to his nation and the world. This is what the Shi`as have always been saying, and they are the statements of all the Imams from Ahl al-Bayt who never claimed, not even once, that they acted according to their own personal views. Take, for example, the first Imam Ali ibn Abu Talib: When they selected him to be the caliph, they preconditioned his government to be based on the "Sunnah" of both Shaykhs, namely Abu Bakr and Umar, yet he insisted on saying, "I do not rule except in accordance with the Book of Allah and the Sunnah of His Messenger.[104] In our forthcoming researches, we will explain how he, peace be upon him, always followed the Sunnah of the Prophet to the letter, not going beyond it at all, trying by all means and might to bring people back to it, so much so that this caused the anger of some caliphs and the aversion of the populace from him due to his strictness in following Allah's Commandments and his upholding the Sunnah of the Prophet. Imam al-Baqir, too, used to always say, "Had we followed our own views in your regard, we would have become misled just as those before us have, but we tell you about our Lord's clear argument which He had explained to His Prophet who, in turn, explained it to us." On another occasion, he said to one of his companions, "O Jabir! Had we been following our own view and desire in dealing with you, we would have perished; rather, we tell you according to ahadith from the Messenger of Allah which we treasure just as these folks treasure their gold and silver." Imam Ja`far al-Sadiq has said, "By Allah! We do not say what we say according to our own desires, nor do we pass our own judgment. We do not say anything except what our Lord has said; so, whenever I provide you with any answer, it is from the Messenger of Allah; we never express any of our own views." People of knowledge and scholarship know such facts about the Imams from Ahl al-Bayt; they never recorded one single statement made by any of them claiming to follow his own view, or resorting to analogy, or to preference..., or to anything besides the Holy Qur'an and the Sunnah. Even if we refer to the great religious authority the martyred Ayatullah Muhammad Baqir al-Sadr, may Allah be pleased with him, we will find him indicating in his book of instructions (risala) to his followers titled Al-Fatawa alWadiha (the clear religious verdicts) the following: We find it essentially important to briefly point out to the major references upon which we relied in order to derive these clear verdicts which, as we indicated when we started this discussion, are: the Glorious Book of Allah and the sacred Sunnah as transmitted by reliable transmitters who fear Allah when transmitting anything regardless of their sect.[105] As for analogy, or preference, or the like, we see no legislative basis for depending on them. As for what is called the rational evidence about which mujtahids and scholars of hadithdiffered, whether or not it should be acted upon, although we believe that it can be acted upon, we never found even one legislative injunction whose proof depends on the rational evidence applied in such sense. Instead, anything rationally proven is also fixed at the same time by the Book of Allah or by the Sunnah. As for what is called consensus, it is not a [third] source besides the Book of Allah and the Sunnah; rather, it is not relied upon only because it can sometimes be used as a means to prove certain points. Hence, the only two sources are: the Book of Allah and the Sunnah, and we supplicate to Allah to enable us to uphold them, for "Whoever upholds them upholds the secure niche which is never loosened, and Allah is all-Hearing, all-Knowing."[106] Yes, we find this to be the dominant phenomenon prevailing upon the Shi`as in the past and the present, and they do not depend on any source other than the Book of Allah and the Sunnah, and we do not find even one of them issuing a verdict based on analogy or preference. The incident involving Imam al-Sadiq and Abu Hanifah is well known. It demonstrates how the Imam prohibited Abu Hanifah from applying analogy in deriving verdicts. Said he, "Do not use analogy with regard to the religion of Allah, for if you apply analogy to the Shari`a, it will be obliterated. The first person who applied analogy was Iblis when he said, `I am better than him: You created me of fire while creating him of mud.'" These are the legislative sources of the Shi`as since the time of Ali ibn Abu Talib and till our time; so, what are the legislative sources of "Ahl al-Sunnah wal Jama`ah"? [103] We mean by these the ijtihad of the scholars with reference to issues regarding which there is no text and which took place following the occultation of the Twelfth Imam . [104] According to some narratives, he said, "And besides these (two), I shall follow my own ijtihad," a false addition and a lie invented by those who believe in and who follow ijtihad. Imam Ali never, not even for one day, did he claim that he followed his own view. Rather, he always derived the injunctions from the Book of Allah and the Sunnah of His Messenger , or he would say, "We have al-saheefa aljami`a: in it there is everything people need, including the penalty for slightly scratching one's cheek." This saheefa was dictated by the Messenger of Allah and written in Ali's hand-writing, and we have already discussed it in the chapter headed "Ahl al-Sunnah and the Obliteration of the Sunnah" in this book. [105] This is stated on p. 98 of Al-Fatawa al-Wadiha by Martyr al-Sadr. [106] Ibid. The Sources of Shari`a According to "Ahl al-Sunnah wal Jama`ah" If we trace the sources of the legislative system (Shari`a) of "Ahl al-Sunnah wal Jama`ah," we will find them to be beyond the limits of the Book of Allah and the Sunnah which Allah and His Messenger had outlined. These sources, according to them, in addition to the Book of Allah and the Sunnah, are: the "Sunnah" of the "righteous caliphs," the "Sunnah" of the sahaba, the "Sunnah" of the tabi`in (the scholars who learned from thesahaba), the "Sunnah" of the rulers which they call sawafi al-umara (the "Sunnah" of the elite rulers), then comes qiyas, analogy, then istihsan (highly recommending something), thenijma` (consensus), and finally sadd bab al-tharai`, closing the door of pretexts. As you can see, they are ten all in all according to them, all playing havoc with Allah's creed. And so that we may not say anything without a proof, or speak arbitrarily, or so that some people may not accuse us of exaggerating, we have to provide proofs from their own statements and books so that the kind reader will clearly see everything. We do not argue with "Ahl al-Sunnah wal Jama`ah" about the first two references, namely the Book of Allah and the Sunnah, for this is something which accepts no argument; rather, it is what has to be followed as dictated by narration, reason, and consensus, and it conforms with these verses: "Whatever the Messenger gives you, take it, and whatever he prohibit you from, abstain therefrom" (Holy Qur'an, 59:7), "Obey Allah and obey the Messenger" (Holy Qur'an, 5:92), and "When Allah and His Messenger decree..." (Holy Qur'an, 33:36), and many other such clear verses. They all mandate that rulings should conform ONLY to the Book of Allah and the Sunnah of His Messenger. But we argue with them about the other sources which they added. 1. The "Sunnah" of the "Righteous Caliphs" They have sought (in order to justify this addition) the argument one hadith contains; it says, "Uphold my Sunnah and the Sunnah of the guided and wise caliphs; uphold it and stubbornly cling thereto."[107] In my book Ma`al Sadiqeen (with the truthful), I proved that these guided caliphs referred to in this tradition are the Imams of Ahl al-Bayt, and I would like to add the following for the benefit of those who did not have a chance to read that book: Al-Bukhari and Muslim, as well as all scholars who came after them, have recorded saying that the Messenger of Allah confined his successors to twelve, saying, "The caliphs after me shall be twelve: all of them are to be from Quraysh." This tradition proves that they are meant to be the Imams from Ahl al-Bayt, peace be upon them, not the "caliphs," i.e. rulers, who usurped the caliphate. One may say, "Whether those implied is meant (by this tradition) are the twelve Imams from Ahl al-Bayt, as the Shi`as claim, or the four righteous caliphs as "Ahl al-Sunnah" claim, the sources of the legislative system remain three: the Qur'an, the [Prophet's] Sunnah, and the caliphs' Sunnah." This statement is accurate only according to "Ahl al-Sunnah;" it is inaccurate according to the views of the Shi`as because the Imams from Ahl al-Bayt, as we have already stated, never derived any ruling according to their own views or opinions; rather, everything they said was the Sunnah of their grandfather the Messenger of Allah from whom they learned it and kept it in order to refer to it whenever they needed. As for "Ahl al-Sunnah wal Jama`ah," their books are full of rulings based on the "Sunnah" of Abu Bakr and Umar which they treated as a source of their legislative system, even when in contradiction with the Book of Allah and the Sunnah of His Prophet. What increases our conviction that Abu Bakr and Umar were not implied in this hadith is the fact that Ali refused to rule according to their "Sunnah" when such ruling was presented to him by the sahaba as a prerequisite. Had the Messenger of Allah meant by these guided caliphs Abu Bakr and Umar, it would not have been appropriate for Ali to reject their "Sunnah;" therefore, this proves that this hadith excludes Abu Bakr and Umar from such guided or "righteous" caliphs. But "Ahl al-Sunnah wal Jama`ah" have always considered by the "righteous caliphs" to be Abu Bakr, Umar, and Uthman, and nobody else, because Ali was not counted by them among such caliphs. His name was added to the list at a later time as we have pointed out, and also because he used to be cursed from the pulpits; so, how could they follow his Sunnah?! If we read what is narrated by Jalalud-Din al-Suyuti in his bookTarikh al-Khulafa, we will see all this to be the truth. Quoting the caliph's chamberlain, al-Suyuti says, "I saw Umar ibn Abd al-Aziz once delivering a sermon in which he said, `What the Messenger of Allah and both his companions [Abu Bakr and Umar] brought is the religion which we follow and to which we refer, and we defer anything besides that."[108] The truth of the matter is that most companions as well as Umayyad and Abbaside rulers were of the view that what Abu Bakr, Umar, and Uthman had regulated was a creed from which they could derive their beliefs and to which they would always refer. Since all these three caliphs deliberately obstructed the Sunnah of the Messenger of Allah, as we have come to know from the previous chapters, what remain of the Sunnah are injunctions they have regulated in addition to whatever the said rulers decreed. 2. The "Sunnah" of the Sahaba En Masse We find quite a few proofs and testimonials regarding "Ahl al-Sunnah wal Jama`ah" following the "Sunnah" of the general masses of the sahaba without any exception. They derive their argument from a false tradition with which we dealt in detail in our book Ma`a al-Sadiqin. That "tradition" states: "My sahaba are like the stars: whoever you follow, you shall be guided." This "tradition" is used by Ibn alQayyim al-Jawziyyah to prove that it is alright to accept the view of any companion of the Prophet.[109] This fact is also admitted by Shaykh Abu Zuhrah who says, "We have found all of them (meaning Sunni jurists) to be of the view that a companion's verdict is always accepted." He adds the following in another place: Deriving arguments from what the companions had said, or from the verdicts which they had themselves issued, is the general trend of the mass of jurists, but the Shi`as[110] hold a contrary view. Ibn Abu al-Qayyim alJawziyyah, however, has supported the view of the general public by citing about forty-six texts, all being strong arguments... We say to Shaykh Abu Zuhrah: How can these texts which contradict the Book of Allah and the Sunnah of His Messenger be labelled as "strong"?! In fact, all the texts produced by Ibn al-Qayyim are as weak as spider's cobweb, and you yourself, Shaykh, undermined them when you said: But we found al-Shawkani saying, "In truth, what a companion says cannot be used as a proof because Allah, Glorified and Exalted is He, did not send this nation anyone besides Prophet Muhammad, and we have only one single Prophet, and the companions and all those who came after them are equally obligated to follow his Shari`a in as far as the Book of Allah and the Sunnah are concerned. Anyone who argues that a religious ruling can be derived from any source other than these two, is, in fact, making a claim regarding the religion of Allah which he cannot prove, establishing a "Shari`a" which Allah never enjoined.[111] So salutations to al-Shawkani who said the truth and was not influenced by the sect. His statement, then, is in full agreement with the stand taken by the Imams of guidance from the pure Progeny of the Prophet. May Allah be pleased with him, and may He please him if his actions agreed with his statements. 3. The "Sunnah" of the Tabi`in or "Ulema al-Athar" Likewise, we find "Ahl al-Sunnah wal Jama`ah" deriving their arguments from the views expressed by the tabi`in whom they call "ulema al-athar," scholars who followed in the footsteps of the sahaba, such as al-Awza`i, Sufyan al-Thawri, Hasan al-Basri, Ibn Ayeenah, and many others. And they all agree about deriving rulings from and following the ijtihad of the Imams of the four sects despite the latter being among those who followed the tabi`in. This is so despite the fact that the companions themselves admit having committed quite a few errors, and that they do not do according to what they know. For example, here is Abu Bakr giving the following answer upon being asked a question, "I shall give you my answer; if I am right, it is by the Grace of Allah, but if I err, it is either my fault or that of Satan." Umar once said to his fellows, "I may enjoin you to do something which may not be good for you, and I may prohibit you from doing the things that may be good for you."[112] If such is the extent of their knowledge, and since they follow only conjecture while "... surely conjecture will not avail anything against the truth; surely Allah is cognizant of what they do" (Holy Qur'an, 10:36), how can any Muslim who knows what Islam is all about consider their actions and statements a "Sunnah" to be followed and a source of Shari`a? After having quoted their own statements, let me ask you the following: Does the "tradition" saying "My sahaba are like the stars: whoever you follow, you shall be guided" still hold any water?! If such is the case of the sahaba who had attended meetings where the Prophet was present, and who learned from him, make such statements, what is the status quo of those who came after them, who learned from them, and who actively participated in the dissension? If the Imams who invented the four sects express their own personal views with regard to Allah's creed, declaring and admitting that there is always a possibility of error in what they rule, while one of them says, "This is what I think to be correct, yet someone else's view may actually be correct," why did they require the Muslims to emulate them?! 4. The "Sunnah" of the Rulers This is referred to by "Ahl al-Sunnah wal Jama`ah" as "sawafi al-umaraa," the "Sunnah" of the elite among the rulers. They rely in their argument on the Qur'anic verse saying, "Obey Allah and obey the Messenger and those in authority from you" (Holy Qur'an, 4:59).[113] "Those in authority," according to them, are the rulers even if they rule by sheer brutal force, even if they are oppressors. They think that their rulers were brought to authority by Allah in order to fare with the lives of His servants as they pleased; so, obedience to them is obligatory, and so is following their "Sunnah." Ibn Hazm al-Zahiri responded to "Ahl al-Sunnah wal Jama`ah" with a strong rebuttal in which he said, "Based on what you say, rulers have the right to discard any parts of the Shari`a which Allah and His Messenger enjoined, and they also have the right to add to it, for there is no difference between adding or deleting therefrom. All this is apostasy committed by anyone who permits it without any contention."[114] Al-Dhahabi responded to Ibn Hazm by saying, "This is a faulty statement and a terrible mistake, for the nation, with the exception of Dawood ibn Ali and those who followed him, is of the consensus that the rulers have the right to resort to their own views, and to the principle of ijtihad only in the absence of a revealed text. They say that they are not permitted to express their views or to resort to ijtihad, when they are aware of the existence of a revealed text. This shows that they have the right to add to the Shari`a an addition which the Shari`a itself commends while they are not permitted to discard whatever they desire of its injunctions." We say to al-Dhahabi: How can you talk about the nation's "consensus" while excluding Dawood ibn Ali and whoever follows him? And why don't you identify those who follow him? And why did you not also exclude the Shi`as and the Imams from Ahl al-Bayt ? Do you regard the latter as being outside the folds of the Islamic nation?! Or is your habit of flattering the rulers lets you permit them to add to the Shari`a so that they may add more to the amounts of money they pay you, and to enhance your fame?! And did the rulers who ruled the Muslims in the name of Islam know the Qur'anic texts and the Prophet'sahadith well enough so that they may not go beyond them? If both caliphs, namely Abu Bakr and Umar, deliberately contradicted the Qur'anic texts and the hadith, as proven above, how can anyone who succeeded them obligate himself to follow such texts which were altered, adulterated, bypassed, and regarded as a thing of the past? When the jurists from "Ahl al-Sunnah wal Jama`ah" issue verdicts permitting the rulers to express whatever views they like about Allah's creed, it is not strange to find al-Dhahabi following their example. In Tabaqat al-Fuqaha, Sa`id ibn Jubayr is quoted saying, "I asked Abdullah ibn Umar about supplicating loudly; he said, `Do you want to say that Ibn Umar says that Ibn Umar says such-and-such [i.e. that he quotes himself]?!' I said, `Yes, and we accept what you say and will be satisfied with it.' Ibn Umar then said, `This is what the rulers say [that it is alright to raise the voice while supplicating]; rather, Allah and His Messenger and those who quote them say so.'" Sa`id ibn Jubayr has said, "Raja ibn Haywah used to be regarded as the most knowledgeable faqih in Syria, but if you provoke him, you will find him Syrian in his views quoting Abd al-Malik ibn Marwan saying such-and-such."[115] Also in Ibn Sa`d's Tabaqat, al-Musayyab ibn Rafi` is quoted saying, "Whenever something related to jurisdiction, which was not supported either by the Book of Allah or the Sunnah, is mentioned, it will be labelled sawafi al-umara (what elite rulers have determined), so it will be discussed by the scholars, and whatever they agree about by way of consensus is regarded as accurate."[116] All we can say is to quote the following verse: Had the truth followed their own desires, surely the heavens and the earth and all those therein would have perished. Nay! We have brought them the Reminder (Qur'an), but from their Reminder do they turn aside. (Holy Qur'an, 23:71) 5. The Rest of Sources of Legislation According to "Ahl al-Sunnah" Among these we would like to mention qiyas (analogy),istihsan (deeming something as good or appealing), istishab(emulating or legislating something said or done by a sahabi), and the closing of the door of pretexts; as for ijma`(consensus), it is very famous among them and very well known. Abu Hanifah in particular gained a reputation for following analogy and rejecting ahadith. Malik gained a reputation for referring to what the people of Medina did, and for closing the door of pretexts. Imam al-Shafi`i gained a reputation for referring to the verdicts issued by the companions whom he categorizes into different levels and degrees, putting on top of their list the ten sahabis who were given (by the Prophet) the glad tidings of going to Paradise, followed by the early immigrants (Muhajirun), then by the supporters (Ansar), then by those who accepted Islam after the conquest of Mecca, namely the free men among them.[117] Imam Ahmad ibn Hanbal gained a reputation for rejecting ijtihad and distancing himself from issuing verdicts (fatwas) and accepting any companion whosoever he might have been. Al-Khateeb al-Baghdadi has narrated about him saying that a man once asked him about something whether it is permitted or prohibited. Ahmad said to him, "Ask, may Allah grant you good health, someone else." The man said, "But I wish to know your own view, O Father of Abdullah!" Ahmad said, "Ask, may Allah grant you good health, someone else. Ask Abu Thawr."[118] Al-Maroozi quoted him saying, "As for hadith, we have relieved ourselves from its headache. As for queries, I have made up my mind not to answer anyone who asks me about anything."[119] There is no doubt that Ahmad ibn Hanbal is the one who inspired the idea that all sahaba, barring none, are just; hence, his sect greatly influenced "Ahl al-Sunnah wal Jama`ah." Al-Khateeb, for example, has mentioned in Vol. 2 of his bookTarikh Baghdad, relying on the authority of Muhammad ibn Abd al-Rahman, the money changer, saying, "I said to Ahmad ibn Hanbal, `If the companions of the Messenger of Allah disputed among themselves about a particular issue, should we look into what each one of them says so that we may know which view is right and follow it?' He said to me, `No companion of the Prophet should be preferred over another.' I said, `Then what is the solution?' He said, `You may follow whoever among them you like.'" We say: Is it permissible to follow someone who cannot distinguish truth from falsehood? It is very strange to see Ahmad, who avoids issuing verdicts, issuing a verdict permitting the following of whoever companion you like and without even looking into their statements to know the truth! Having thus briefly surveyed the sources of Islamic legislative system (Shari`a) according to both the Shi`as and "Ahl al-Sunnah wal Jama`ah," it becomes quite clear for us without any confusion that the Shi`as are the ones who truly uphold the Sunnah of the Prophet and who do not accept any alternative for it, so much so that the Prophet's Sunnah became their motto according to the testimony of their opponents. As for "Ahl al-Sunnah wal Jama`ah," they follow the "Sunnah" of any companion or tabi`i (a follower of a companion who was contemporary to the Prophet) and any ruler. Their books and statements testify against them, and they suffice for a testimony, and we will, Insha-Allah, discuss in a following chapter their deeds so that you may come to know that such deeds have nothing to do with the Sunnah of the Prophet. I would like to leave the reader to himself to deduct the conclusion as to who the followers of the Sunnah really are, and who the innovators are. [107] This tradition is recorded by al-Tirmidhi, Ibn Majah, al-Bayhaqi, and Ahmad ibn Hanbal. [108] Al-Suyuti, Tarikh al-Khulafa, p. 160. [109] Ibid. [110] This is another proof provided by Shaykh Abu Zuhrah testifying to the fact which we have already stated: Shi`as do not accept to add to the Shari`a to include anything besides what the Glorious Book of Allah and the Prophet's Sunnah contain. [111] This is stated on p. 102 of Shaykh Abu Zuhrah's book. [112] Tarikh Baghdad. Vol. 14, p. 81. We say to these folks: If such is the extent of your knowledge, then why did you put yourselves ahead of the person who has with him the knowledge of the early generations and that of the last ones, depriving the nation of his guidance and light and leaving it groping in dissension, ignorance, and misguidance?! [113] In our book Ma`a al-Sadiqin, we proved, through convincing arguments, that "those in authority from among you" are the Imams of guidance from among the pure Progeny and not meant to be the rulers who usurp power by force. It is impossible that Allah, Glory to Him, orders us to obey the oppressors, the promiscuous, or the apostates. [114] This is stated on p. 17 of Ibn Hazm's summary of Ibtal al-Qiyas (falsification of analogy). [115] Tabaqat al-Fuqaha, in the biography of Sa`id ibn Jubayr. [116] See Ibn Sa`d, Tabaqat, Vol. 6, p. 179. [117] Imam al-Shafi`i, Al-Manaqib, Vol. 1, p. 443. [118] Tarikh Baghdad, Vol. 2, p. 66. [119] This is recorded on p. 57 of Manaqib Imam Ahmad ibn Hanbal. A Comment Necessary to Complete the Research We ought to point out here to the fact that the Shi`as have always insisted that the sources of the Shari`a must be: the Book of Allah and the Sunnah of His Prophet, adding nothing to them due to their conviction that there are sufficient texts with their Imams relevant to all problems for which people seek solutions. One may find it strange, maybe even highly unlikely, that the Imams from Ahl alBayt have texts that satisfy all the needs of people across all centuries and till the Hour. In order to make this fact clear to the reader, we have to point out to the following: If a Muslim is convinced that Allah, Glory to Him, sent Muhammad a legislative system (Shari`a) which complements all previous systems and overwhelms them in order to complete the human march on this earth so that it may be prepared for the eternal life hereafter, It is He Who sent His Messenger with the guidance and the religion of the truth in order to make it prevail over all other religions. (Holy Qur'an, 9:33) ... and if a Muslim is convinced that Allah, Glory to Him, wanted mankind to submit to His commandments regarding everything humans say or do, and to let Him fare with them as He pleases, Surely the (true) religion with Allah is Islam. (Holy Qur'an, 3:19) Whoever prefers any religion besides Islam, it will not be accepted from him. (Holy Qur'an, 3:85) ... and if the case is as such, then Allah's commandments are bound to be complete and inclusive, covering all what man needs in his arduous journey to overcome all obstacles and stand firmly in the face of challenges till he reaches the anticipated goal. To express this fact, He, Glory and Exaltation to Him, has said, "We have not neglected anything in the Book" (Holy Qur'an, 6:38). Based on this verse, there is nothing excluded from the Book of Allah, the most Exalted One, yet man, due to his limited mentality, cannot realize all the things which Allah, Glory and Exaltation to Him, has stated because of a great wisdom which only people of knowledge realize. For example, the most Glorified and Exalted One says, "There is not a single thing which does not glorify Him with His praise, but you do not understand [the method of] their glorification" (Holy Qur'an, 17:44). The phrase "There is not a single thing" does not exclude anything at all and is indicative of the fact that mankind, animals, and even inanimate objects celebrate the praise of Allah. Man may comprehend how animals and living beings, including plants, celebrate the praise of their Maker, but his mind may not be able to comprehend how rocks, for example, can also do so, yet the Almighty has already said, "Surely We made the mountains sing the glory (of Allah) in unison with him in the evening and at sunrise" (Holy Qur'an, 38:18). If we accept all the above and believe in it, we will have to accept and believe that the Book of Allah contains all injunctions which people need till the Day of Judgment, but we simply do not realize them except when we refer to the one to whom that Book was revealed and who comprehended all the meanings it contains, namely the Messenger of Allah. The most Exalted One has said, "We have revealed the Book to you clearly explaining everything and guidance, mercy, and glad tidings for those who submit" (Holy Qur'an, 16:89). If we believe that Allah, Glory to Him, has clarified everything for His Messenger so that he may explain to people what revelation has been sent to them, we will have to believe that the Messenger of Allah has clarified everything, leaving nothing needed by people till the Day of Judgment without giving a ruling in its regard. If such a clarification has not reached us, or if we do not now know it, then this is only the outcome of our own shortcoming, negligence and ignorance, or it may be the outcome of the deficiency of the means linking us to it, or it may have resulted from the ignorance of the companions and their lack of awareness of what he had clarified. But Allah, Glory and Exaltation are His, is too wise to ignore the fact that all these are possibilities, or even realities, so He does not let His Shari`a suffer loss; therefore, He chose from His servants certain Imams whom He permitted to inherit the knowledge of His Book and the ability to explain it to others so that people may not have an argument against Allah; He has said, "Then We gave the Book for an inheritance to those whom We chose from Our servants" (Holy Qur'an, 35:32). The Messenger of Allah has, indeed, explained to people everything they need and selected Ali to be his successor whom he taught everything people will need after his demise till the Hour due to the merits which Ali enjoyed over all other companions: very sharp intelligence, keen understanding, excellent memory, clear retention of what he hears. The Prophet, therefore, taught him everything he knew and guided the nation to him, telling it that Ali is the gate from which his knowledge can be reached. If someone were to say that the Messenger of Allah was sent by Allah for all mankind, so he had no right to choose one particular person to teach while depriving all the rest, we would say that the Messenger of Allah had nothing to do with that; rather, he was a servant of Allah who received and carried out his Lord's inspiration. Allah is the One Who ordered him to do so. Islam is the religion of unity and is based on unitarianism regarding everything; so, people have to be united and gathered under one leadership. This is a matter of simple common sense regulated by the Book of Allah and necessitated by reason and sentiment. Allah Almighty has said, "Had there been many gods in them, they would surely have become in a state of disarray" (Holy Qur'an, 21:22), and also "Never was with Him any (other) god: in that case, each god would certainly have taken away what he created, and some of them would certainly have overpowered others" (Holy Qur'an, 23:91). Likewise, had Allah sent two messengers spontaneously, people would have been divided into two nations. Two parties, one opposing the other, would have resulted. The Almighty has said, "And there is no nation except that a warner has gone among them" (Holy Qur'an, 35:24). This is why every prophet left behind him a successor among his people and nation to protect them against dissension. This, by my life, is quite natural; all people know it, be they scholars or illiterate, believers or unbelievers. Have you not seen how each tribe, party, or state has to have only one single president to preside over it and lead it, and two president cannot be followed simultaneously? Because of all the above, Allah, Glory to Him, selected from the angels carriers of His Message, and likewise from the people, granting them the honor of bearing the responsibility of leading His servants to Him, making them Imams guiding others according to His commandments. Allah has said, "Surely Allah chose Adam and Noah and the descendants of Abraham and the Descendants of Imran above the nations" (Holy Qur'an, 3:33). The Imams whom Allah selected to conclude His Messages with that of Muhammad are the Imams of guidance from the Prophet's Progeny, and they have all descended from Abraham, one progeny descending from another, and they are the ones to whom he referred when he said, "The caliphs after me are twelve: all of them are from Quraysh."[120] For every age and time there is an imam, so "Whoever dies without knowing who the Imam of his time is dies the death ofjahiliyya," as another tradition says. When Allah, Glory and Praise are due to Him, chooses an Imam, He purifies him and protects him against sinning or erring and teaches him; He surely does not bestow wisdom except upon those who deserve it and are worthy of it. If we go back to the basis of the subject-matter, which is the Imam knowing all what people need of the injunctions of theShari`a from the texts available in the Book of Allah and the Sunnah, and which are suitable for mankind's progress till the time of the Hour, we will not find anyone in the Islamic nation claiming to be as such other than the Imams of Ahl al-Bayt who declared the same quite often, saying that with them is thesaheefa jami`a which was dictated by the Messenger of Allah and written down in the handwriting of Ali ibn Abu Talib, and that it contains everything people need till the Day of Judgment, including the penalty for slightly scratching one's cheek. We have already referred to this saheefa jami`a which used to be carried by Ali with him and to which al-Bukhari and Muslim have referred, each in his own Sahih book, and not even one Muslim can say that this is not true. Based upon the above, the Shi`as who restricted their loyalty to the Imams of Ahl al-Bayt have always issued their juristic rulings according to the texts of the Holy Qur'an and the Sunnah without resorting to any other source, at least during the Twelve Imams' three generations. As for "Ahl al-Sunnah wal Jama`ah," these were forced to resort to ijtihad and qiyas and other things because of the loss of hadith and because of their Imams' ignorance thereof since the days of the first period of caliphate. If their caliphs deliberately burned the Prophet's ahadith and prohibited their circulation and dissemination, and if their most prominent one says, "The Book of Allah suffices us," thus discarding the Prophet's Sunnah, it is quite natural that they lack the texts which explain the injunctions embedded in the Holy Qur'an. We all know that apparent Qur'anic injunctions are very few in number. They, generally speaking, need the explanations provided for them by the Prophet. This is why we read the following verse in the Holy Qur'an: "And We have revealed to you the Reminder so that you may clarify for men what has been revealed to them" (Holy Qur'an, 16:44). Because the pillars of "Ahl al-Sunnah wal Jama`ah" burnt the Sunnah which explained the Holy Qur'an, thus losing the texts that explained the Holy Qur'an or even the Sunnah itself, they had no choice, since the case is as such, except to resort to their own personal views, to analogy, and to consulting their scholars to select what the latter liked, and what served their own temporal interests. It is quite natural, then, that they have always needed all of that in the absence of such texts; they resort to all such means only due to their dire need. [120] Al-Bukhari, Sahih, Vol. 8, p. 127. Muslim, Sahih, Vol. 6, p. 3. According to some narrations of the same tradition, they are to be the descendants of Hashim rather than Quraysh, but they are still descendants of Abraham as everyone knows. Taqlid and Maraji` According to Shi`as Every Muslim adult, as long as he is not a mujtahid, that is, one capable of deriving religious rulings from the Book of Allah and the Sunnah, is obligated to follow a religious authority who combines in him the requirements of knowledge, justice, piety, asceticism and the fear of Allah in accordance with the verse saying, "So ask the followers of the Reminder if you do not know" (Holy Qur'an, 16:43). If we research this subject, we will find out that Imamite Shi`as have kept up with the sequence of events, with no interruption in their chain of maraji` (religious authorities), since the demise of the Prophet and till our time. Shi`as continue to follow the Twelve Imams from Ahl al-Bayt, peace be upon them. The actual presence of these Imams continued for more than three centuries uninterruptedly without anyone of them contradicting the other in anything he said. This is due to the fact that the texts related to the Shari`a are always derived from the Book of Allah and the Sunnah. These have always been their reference. They followed neither analogy nor their own views. Had they done so, the disagreement among them would have become obvious to everyone as is the case with the followers of "Ahl al-Sunnah wal Jama`a." We conclude from the above that any sect of "Ahl al-Sunnah wal Jama`a," be it Hanafi, Maliki, Shafi`i, or Hanbali, is based on the views of one man who was distant from the time when the Message was revealed; he had no direct link with the Prophet at all. As for the sect of Imamite Shi`as, it is consecutive from the Twelve Imams who descended from the Prophet: the son quotes his father, and so on. One of them, namely Imam Ja`far al-Sadiq, says, "The hadith I narrate is that of my father and grandfather, and the hadith of my grandfather is the hadith of the Commander of the Faithful Ali ibn Abu Talib who quotes the Messenger of Allah, and the hadith of the Messenger of Messenger of Allah is that of Gabriel, peace be upon him, which is the speech of the Almighty." Had it not been from anyone other than Allah, they would have found in it a great deal of discrepancy. (Holy Qur'an, 4:82) Then came the post-occultation period of the Infallible Imam. This period has referred people to follow the learned faqihamong them who combines in him all the conditions listed above. Then the chain of mujtahid faqihs started since then, and it has continued till our present time uninterruptedly. During each period, one or more marji` rises to distinction among the nation whom the Shi`as follow in their actions. This is done in accordance with the scholarly books of instruction (risalas) which each marji` derives from the Book of Allah and the Sunnah without expressing any personal views except in reference to issues related to modern times. Such views are relevant to modern scientific and technological progress such as heart or organ transplantation operations, artificial insemination, banking transactions, etc. One particular mujtahid may be distinguished with prominence over all the rest through the degree of his knowledge. Shi`as refer to such a mujtahid as al-marji` al-a`la, the supreme religious authority, or the head of the sect or of al-hawza al`ilmiyya, the university-type circle of top scholars. This wins him the regard and respect of all other authorities. Across the centuries, Shi`as follow their contemporary faqih who undergoes whateverever problems other people undergo and is concerned about whatever concerns them, so they ask him and he provides them with the answers. Thus have the Shi`as in all ages maintained the two basic sources of Islamic Shari`a: the Book of Allah and the Sunnah, in addition to the texts transmitted by the Twelve Imams from the pure Progeny of the Prophet. Hence, their scholars feel no need at all to resort to analogy, or to express a personal viewpoint, because Shi`as have taken pains to record and safeguard the Prophet's Sunnah since the time of Ali ibn Abu Talib and will continue to do so till the Day of Judgment. The Imams from his offspring have been inheriting the same: son from father, and so on, treasuring such texts as people treasure their gold and silver. We have already quoted the statement of the Martyr Ayatullah Muhammad Baqir al-Sadr which he records in his own risalaindicating that he does not rely except on the Holy Qur'an and Sunnah. Mentioning Martyr al-Sadr is only an example; all Shi`a authorities without any exception do the same. This brief research about the issue of religious following with regard to the Shari`a and religious authorities makes it clear for us that Imamite Shi`as are the ones who follow the Holy Qur'an and the Prophet's Sunnah as transmitted directly by Ali, the gate of the Prophet's knowledge, the divinely guided scholar and the nation's adviser after the Prophet and who, according to the Holy Qur'an, was created of the Prophet's soul.[121] So whoever comes to the city and enters through its gate will reach the pure fountainhead; he will take his fill and be fully refreshed. He will also have upheld the niche which shall never be untied because the Almighty says, "Enter the houses through their doors" (Holy Qur'an, 2:189). Whoever enters the houses anywhere other than through their doors will be called a burglar and will not be able to enter, nor will he come to know the Sunnah of the Prophet, and Allah will surely apprehend and penalize him for having thus transgressed. [121] This is a reference to the verse saying, "Say: Come let us call our sons and your sons, and our women and your women, and our near people and your near people, then let us be earnest in prayer and pray to Allah to curse the liars" (Holy Qur'an, 3:61), whereupon he invited Ali ibn Abu Talib, as Muslim records in his Sahih in a chapter dedicated to the virtues of Ali, peace be upon him. Taqlid and Islamic Authorities According to "Ahl al-Sunnah wal Jama`ah" If we research the topic of taqlid (religious following) andmarji`iyya (high religious authority) according to "Ahl al-Sunnah wal Jama`a," we will be quite confused while trying to find any link between them and the Messenger of Allah. We all know that "Ahl al-Sunnah wal Jama`a" refer in their religious following to the four Imams, namely Abu Hanifah, Malik, al-Shafi`i, and Ibn Hanbal, and all these men never knew the Messenger of Allah, nor were they among his companions. After the demise of the Prophet, Shi`as made taqlid to Ali ibn Abu Talib, peace be upon him, who never parted with the Prophet as long as he lived. Then, after Ali's martyrdom, they followed the Two Masters of the Youths of Paradise: Imam alHasan and Imam al-Husayn, grandsons of the Prophet. Then they followed Imam Ali ibn al-Husayn Zaynul-Abidin then his son Imam al-Baqir then his grandson Imam al-Sadiq, peace be upon all of them. During that time, "Ahl al-Sunnah wal Jama`a" did not have any cohesive ideological existence. History does not tell us which Imam they followed, if any, and to whom they referred with regard to the injunctions of the Shari`a from the time of the Prophet's death and till the appearance of their four sects. It was only after that time did the four sects start appearing on the stage one after another separated by variable periods of time depending on the desires of the Abbaside rulers as we have already indicated. Then a bloc appeared combining all four sects under a shiny banner which stole people's minds called "Ahl al-Sunnah wal Jama`a." All those who were antagonistic to Ali and the pure Progeny of the Prophet, and who supported the first three caliphs and all Umayyad and Abbaside rulers, rallied around that banner. People embraced those sects willingly or unwillingly because the rulers went to lengths in promoting them through either enticing or terrorizing others to follow them, and people usually follow the creed of their rulers. Then we find "Ahl al-Sunnah wal Jama`a," after the death of all their four Imams, closing the door of ijtihad in the face of their own scholars, prohibiting them from doing anything other than following those Imams who had already died... Those rulers and sovereigns who closed the doors of ijtihadand did not permit their scholars to critique or examine religious matters may have done so fearing the surge of an intellectual freedom which could have caused them problems and dissension threatening their interests and very existence. "Ahl al-Sunnah wal Jama`a," hence, became restricted to following a dead man whom they never saw nor knew so that they might have felt comfortable with his justice, piety and the extent of his knowledge. Rather, they simply had to think well of their predecessors as each party went to lengths listing the imaginary merits of their particular Imam. Most of those "merits" proved to be visions which were no more than dreams, notions, or scruples; each party was happy with what it had. Had educated contemporary followers of "Ahl al-Sunnah wal Jama`a" looked into the merits narrated by their predecessors, and the contradictions recorded in their regard, which went as far as causing some of them to fight the others, or to call them apostates..., they would have entertained different thoughts about those Imams, and they would have been guided. How can any wise Muslim, in this time and age, follow a man who did not know anything about modern issues, nor can he provide him with the solutions to some of his problems? Surely Malik and Abu Hanifah and others will dissociate themselves from "Ahl al-Sunnah wal Jama`a" on the Day of Judgment and say, "Lord! Do not punish us on account of these folks whom we never knew and who never knew us, and to whom we never, not even for one day, told that they had to follow us." I do not know what the answer of "Ahl al-Sunnah wal Jama`a" will be when the Lord of the Worlds asks them about the Two Weighty Things. He will then bring the Messenger of Allah to testify against them, and they will most surely be unable to disprove his testimony even if they argue that they just obeyed their masters and dignitaries. If He asks them, "Did you find in My Book, or in the Sunnah of My Messenger, any covenant, or agreement, or argument mandating you to follow these four sects?" What will their answer be? The answer to this question is too well known, and it does not require much knowledge: Neither the Book of Allah nor the Sunnah of His Messenger contains anything like that; rather, the Book of Allah and the Sunnah of His Messenger contain a clear order to uphold the pure Progeny and not to lag behind them. And they may say, "Lord! We have seen and heard, so send us back so we may do good; surely we (now) are certain" (Holy Qur'an, 32:12), and the answer will surely be, "No! It is only a statement which you say." And the Prophet will say: "Lord! My nation deserted this Qur'an, for I enjoined them to follow my Progeny after me and conveyed to them what You ordered me to convey, that is, to be kind to my kin, but they violated my covenant and severed their ties with my offspring; they even slaughtered my children and permitted my sanctity to be violated; so, O Lord! Do not grant them my intercession." And the day when the unjust one shall bite his hands saying: O Would that I had taken a way with the Messenger! O woe unto me! Would that I had not taken so-and-so for a friend! Certainly he led me astray from the Reminder after it had come to me, and Satan ever fails to aid man. And the Messenger cried out: Lord! Surely my people have treated this Qur'an as a forsaken thing. And thus have We made for every prophet an enemy from the sinners, and sufficient is your Lord to guide and help. (Holy Qur'an, 25:27-31) The Righteous Caliphs According to the Shi`as These are the Twelve Imams from the pure progeny of the Prophet arranged chronologically as follows: * The first is the Commander of the Faithful and the Imam of the pious, the leader of the elite, the master of Muslims and the religion's drone, Allah's victorious lion, Ali ibn Abu Talib, peace be upon him, the gate of knowledge who challenged the minds, dazzled the hearts, and enlightened the intellect, the man without whom the Messenger of Allah could not have been able to set the foundations of the creed. * Second is Imam Abu Muhammad al-Hasan ibn Ali, peace be upon him, Master of the Youths of Paradise, the fragrant flower of the Prophet in this nation, the ascetic worshipper of Allah, the faithful adviser. * Third is Imam Abu Abdullah al-Husayn ibn Ali, peace be upon him, the Master of the Youths of Paradise and the fragrant flower of the Prophet in this nation, the master of martyrs and the one who was slaughtered on Karbala and who sacrificed his all seeking to reform the nation of his grandfather. * Fourth is Imam Ali ibn al-Husayn Zaynul-Abidin, peace be upon him, the master of all those who prostrated to their Lord. * Fifth is Imam Muhammad ibn Ali al-Baqir, peace be upon him, who penetrated the knowledge of the early generations and the last. * Sixth is Imam Ja`far ibn Muhammad al-Sadiq, peace be upon him, the like of whom no eyes had ever seen nor anyone had ever heard nor any mind had ever realized with regard to the knowledge of fiqh; none was more learned, or better in deeds, than him. * Seventh is Imam Musa ibn Ja`far al-Kazim, peace be upon him, the descendant of the prophet, the substance of knowledge. * Eighth is Imam Ali ibn Musa al-Rida, peace be upon him, who was granted wisdom even as a child. * Ninth is Imam Muhammad ibn Ali al-Jawad, peace be upon him, the Imam of generosity and giving, the Imam of excellent conduct. * Tenth is Imam Ali ibn Muhammad al-Hadi, peace be upon him, the one who received Allah's favors, who was the lighthouse of guidance. * Eleventh is Imam al-Hasan ibn Ali al-Askari, peace be upon him, the Imam of asceticism and piety. * Twelfth is Imam Muhammad ibn al-Hasan al-Mahdi, peace be upon him, who will fill the world with justice and equity after being filled with inequity and oppression, and the son of Maryam, peace be upon him, will pray behind him, and Allah will complete through him His Light, and through him will the believers be very pleased. These are the Imams of the Shi`as, all twelve of them; so, if one says "Imamite Shi`as" or "Ithna-Asheri Shi`as" or "Ja`fari Shi`as," it is all the same, and they will be the ones identified as such. None among all Islamic groups accepted their Imamate besides the Shi`as. If we study the Qur'anic verses revealed in their honor and which explain their merits, lofty status, goodness of substance, purity of the soul, and true greatness, we will come across verses such as the one enjoining us to be good to the Prophet's kin, or the one referring to Allah purifying them, or the verse of Mubahala (a challenge to make ibtihal__supplication__invoking the curse of Allah on the liars), or the verse identifying them as the ones obedient to their Lord, or the verse of blessing and praising them..., etc. If we study the sacred hadith, we will find it enumerating their merits and elevating their status above all the rest among the nation, pointing out to their superiority of knowledge and infallibility. If we do all of that, we will most surely surrender to their Imamate and regard them as the nation's security against misguidance and its only means to guidance. We will also find it quite clear that the Shi`as are the winners because they upheld the strong rope of Allah which is: loyalty to these Imams and upheld the niche which cannot be untied, which is loving them. They will have then boarded the ark of salvation. They achieved security against drowning, and safety from perdition. It is for these reasons that we decide, being fully convinced and aware, that Imamite Shi`as are the true followers of the Sunnah of Muhammad. Certainly you were heedless of it, but now We have removed your veil, so your sight today is sharp indeed. (Holy Qur'an, 50:22) Surely Allah, the Great, has said the truth. The Righteous Caliphs According to "Ahl al-Sunnah wal Jama`ah" These, according to them, are the four caliphs who ascended the seat of caliphate following the demise of the Messenger of Allah. "Ahl al-Sunnah wal Jama`ah" advocate these caliphs' superiority over all other people with the exception of the Prophet in the same chronological order of their caliphate. This is what we hear even these days. We have, however, come to know from previous researches that Imam Ali ibn Abu Talib, peace be upon him, was not counted among them as one of the caliphs, much less a righteous one; rather, Imam Ahmad ibn Hanbal added his name at a much later time to the list. Prior to that, he used to be cursed from the pulpits in all Muslim lands and throughout the Umayyad empire. In order to shed more light on this subject, and so that the reader may feel comfortable about the truth regarding this regretful fact, his attention is invited to the following: We have already said that Abdullah ibn Umar is regarded by "Ahl al-Sunnah wal Jama`ah" as one of the most prominentfaqihs, and Malik makes him his major authority upon whom he depends in his book Al-Muwatta'. He is also relied upon by both al-Bukhari and Muslim in the Sahih written by each of them. All other transmitters of hadith, without any exception, rely on him. This man was famous for his open hatred of the Commander of the Faithful Ali ibn Abu Talib. History tells us that he refused to swear the oath of allegiance to Ali, yet he rushed to swear his oath of allegiance to the cursed al-Hajjaj, the enemy of Allah and His Messenger.[122] Abdullah ibn Umar revealed what he was hiding in his chest and disclosed his best kept secret when he said that he could not count even one single favor or merit or good quality of Ali that warranted placing him in the fourth place after Uthman ibn Affan. We have already come to know that he favored only Abu Bakr and Umar; as for Ali, peace be upon him, he, in his assessment, was among the commoners, if not the very least important among them. Let me provide you with another fact which narrators of hadith and historians have recorded, and which openly expresses the hateful and antagonistic nature of Ibn Umar towards Ali and all Imams from the pure Progeny of the Prophet: Abdullah ibn Umar has said the following while trying to explain the tradition of the Prophet in which he said, "The caliphs after me shall be twelve; all of them are from Quraysh": This nation shall have twelve caliphs who are: Abu Bakr al-Siddeeq, Umar al-Farooq, Uthman Thul Noorain, Mu`awiyah and his son as the kings of the holy lands (Mecca and Medina), al-Saffah, Salam, Mansour, Jabir, alMahdi, al-Ameen, Ameer al-Asab, who all are from Banu Ka`b ibn Luayy, and they are righteous and peerless.[123] So read this statement, dear reader, again and wonder about such faqih who is so highly respected by "Ahl al-Sunnah wal Jama`ah" and notice how he distorts the facts and turns them upside down, making Mu`awiyah and his son Yazid as well as al-Saffah [a title meaning: the blood-shedder] the best of Allah's servants, further stating that they are peerless! Surely grudge and ignorance have blinded his eye sight just as envy and animosity have blinded his mind[124] to the extent that he cannot see any merit or favor for the Commander of the Faithful Ali over whom he prefers Mu`awiyah, the morally depraved man, and his atheist, criminal, and blood-thirsty son Yazid. Abdullah ibn Umar is the son of his father. Whatever comes from its source surprises nobody, and every pot drips of its contents. His father used all possible means to exclude Ali, peace be upon him, from the caliphate, and to make him look insignificant in the eyes of the public. And here we see his [Umar ibn al-Khattab's] spiteful and hateful son, despite Ali's ascension to the caliphate after Uthman's murder and after having received the oath of allegiance from the Muhajirun and Ansar, refusing to swear the oath of allegiance to Ali and trying his best to put his light out and stir people against him in order to cause his downfall. He, therefore, kept making statements and fooling people into thinking that Ali, peace be upon him, had no merits, and that he was like any other ordinary man. Abdullah ibn Umar served the Umayyad dynasty and crowned both Mu`awiyah and his son Yazid with the crown of caliphate, telling lies and fabrications about the Prophet, recognizing the caliphate of al-Saffah and al-Mansour and all promiscuous rulers of Banu Umayyah, preferring them over the master of the Muslims and the wali of the believers according to the text of the Holy Qur'an and the Sunnah. Yet he did not recognize Ali's caliphate even when it actually took place! How strange! [122] Al-Hajjaj ibn Yusuf al-Thaqafi is the one who is very well known for his promiscuity, apostasy, crimes, and total lack of respect for the faith. Al-Hakim has recorded on p. 556, Vol. 3, of his Al-Mustadrak, and Ibn Asakir has also recorded on p. 69, Vol. 4, of his book, the fact that al-Hajjaj used to say, "Ibn Mas`ud claims that he recited a Qur'an revealed from Allah, and Allah is nothing more than a filth of the Arabs." He also used to say, "Fear Allah as much as you want, for doing so is completely futile, and listen to and obey the commander of the faithful Abd alMalik ibn Marwan for you will then be generously rewarded." Also Ibn Aqeel records on p. 81 of his book Al-Nasaih al-Kafiya saying that al-Hajjaj delivered a speech once in Kufa and referred to those who were visiting the grave site of the Prophet at Medina thus: "May they perish! They go around sticks and decaying cadaver; why don't they go round the mansion of the commander of the faithful Abd al-Malik? Don't they know that someone's successor is better than his messenger?" [123] This is stated on p. 140 of al-Suyuti's book Tarikh al-Khualfa, p. 140. Kanz al-Ummal, Vol. 6, p. 67, and also in the history books of Ibn Asakir and alDhahabi. [124] Read it and do not forget the statement of the Prophet which al-Bukhari and Muslim recorded and which says: "Loving Ali ibn Abu Talib is a sign of iman (conviction), and hating him is a sign of hypocrisy," and the hypocrites during the time of the Prophet used to be identified by their hatred towards Ali . The Prophet Rejects the Legislation of "Ahl al-Sunnah wal Jama`ah" We have already come to know that the Shi`as, following in the footsteps of the Imams among Ahl al-Bayt, peace be upon them, never followed their own views nor analogy, nor did they prohibit anyone from doing so. This is due to the fact that the Prophet's statements had the final word and the conclusive verdict in as far as they are concerned; they have inherited such written statements sons from fathers, and we have already referred to al-saheefa al-jami`a, the length of which is seventy yards, and which contains all what Muslims need till the Hour. We have also come to know that "Ahl al-Sunnah wal Jama`ah" felt forced to follow their own views as well as the principle ofqiyas (analogy) due to the absence of the Prophet's texts with them and their need for the same simply because their prominent men and masters rejected them, burned them, and prohibited anyone from recording them. The supporters of ijtihad resorted to the suggestion that they needed to coin hadith in the wording of the Messenger of Allah in order to support their sect and make wrong look right. They, hence, claimed that the Messenger of Allah dispatched Ma`ath ibn Jabal to Yemen and asked him, "What if you do not find it [i.e. the answer to a problem] in the Book of Allah?" He said, "Then I will judge according to the Sunnah of the Messenger of Allah." He then asked him, "What if you do not find it in the Sunnah of His Messenger?" Ma`ath ibn Jabal, they claim, said, "If I do not find it, I will then follow my own ijtihad." The Prophet, the story goes on, then said, "All Praise is due to Allah Who has enabled the messenger of the Messenger of Allah to please Allah and His Messenger." This "tradition" is false, and it can never be attributed to the Messenger of Allah, for how can the Prophet say to Ma`ath, "What if you do not find it in the Book of Allah and the Sunnah of His Messenger?" while Allah Himself says the following to His Messenger, "And We revealed unto you the Book explaining everything" (Holy Qur'an, 16:89), and also, "We have not neglected anything in the Book" (Holy Qur'an, 6:38), and also, "Whatever the Messenger gives you, accept it, and from whatever he forbids you, stay away therefrom" (Holy Qur'an, 59:7)? A Necessary Post Script When we discuss "Ahl al-Sunnah wal Jama`a" in the coming chapters, we mean by them our contemporaries. We have indicated in several previous chapters that these are innocent people who do not have a hand in what their predecessors had committed, or any sin or transgression. We have already indicated that they are the victims of plots and the misrepresentation of history which the Umayyads and Abbasides and their henchmen had coined in order to obliterate the Prophet's Sunnah and bring things to the way they used to be during the pre-Islamic period. We used to be among them,[125] following in their footsteps, being guided by them, then Allah blessed us and guided us to the Ark of Salvation. We plead to Him, the most Glorified, to likewise guide all the Muslim nation so that nothing remains except the truth. One may ask the following: "Thus criticizing and undermining the integrity of the sahaba hurts the feelings of the majority of Muslims who believe that they were all just and equitable; they regard them the best of all people after the Prophet." We say: Muslims are required to believe in Allah and His Messenger and to carry out their Will and abide by the limits which they outlined. The salvation of the Muslims, including the sahaba, depends on it, for the destiny of whoever strays from this line will be hell even if he were an uncle or a son of the Prophet. Our criticism of some companions is dictated by the historical events with which they interacted, by the dissension among them, and by their causing the nation to be divided upon itself, thus afflicting it with the greatest of calamities. [125] The author used to follow the Hanbali sect before embracing the Shi`a creed. __ Tr. Enmity of "Ahl al-Sunnah" Towards Ahl al-Bayt Reveals their Identity Any researcher stands dumbfounded when he collides with the reality about "Ahl al-Sunnah wal Jama`ah" and comes to know that they were the enemies of the pure Progeny of the Prophet, following those who fought Ahl al-Bayt and cursed them and spared no means to murder them and obliterate their legacy. This is why you find "Ahl al-Sunnah wal Jama`ah" placing the label of "reliable" on all traditionists if they are Kharijites or Nasibi followers of Uthman. They charge and accuse all the traditionists who are loyal to Ahl al-Bayt of being "weak." You do not find such matters recorded openly in their books. But when they try to challenge the authenticity of accurate traditions recounting the merits of Ali ibn Abu Talib, they label them as "weak," saying, "Among the chain of its narrators is so-and-so who is a Rafidi."[126] And they label as "sahih," authentic, false traditions which were fabricated in order to raise the status of and glorify the other caliphs even if their narrators were Nasibis. Being a Nasibi, according to them, is indicative of one's zeal about the Sunnah. Ibn Hajar, for example, says the following about Abdullah ibn Idris al-Azdi, a very well known Nasibi, "He was a man who followed the Sunnah and Jama`ah, a zealot with regard to the Sunnah, and a follower of Uthman."[127] About Abdullah ibn Awn al-Basri he says, "He is held as reliable, and he is a man of piety and zeal about the Sunnah and toughness against the people of innovations. Ibn Sa`d has said that Abdullah ibn Awn al-Basri was a follower of Uthman."[128] And about Ibrahim ibn Ya`qub al-Jawzjani, who was famous for hating Ali, peace be upon him, he says that his sect was Hareezi, i.e. a follower of Hareez ibn Uthman of Damascus, the sect known as Nasibism.[129] Ibn Hayyan describes Ibrahim as being zealous about the Sunnah, a man who memorized hadith. It is noteworthy that this same Nasibi whom they praise by saying that he is zealous about the Sunnah and that he memorized hadith used to take the opportunity of other traditionists gathering at his door [asking permission to enter] to send one of his slave-girls with a hen in her hand to tour the town then to go back to her master, Ibrahim ibn Ya`qub al-Jawzjani, to tell him that she could not find anyone to slaughter it for her; he would then cry out: "Subhan-Allah! There is none to slaughter a hen whereas Ali in broad day light slaughters twenty thousand Muslims!" Through such cunning and conniving, the Nasibis, enemies of Ahl alBayt, try to dissuade people from following the truth and mislead them through such false accusations in order to fill the Muslims' hearts, especially those of traditionists [such as the ones who used to meet al-Jawzjani to learn hadith from him] with hatred and animosity towards Ali ibn Abu Talib, peace be upon him, and thus permit cursing, taunting, and condemning him. You can find such phenomenon even in our time. Despite the claim of contemporary "Ahl al-Sunnah wal Jama`ah" that they love Ahl al-Bayt and seek Allah's Pleasure with our master Ali,karrama-Allahu wajhahu (Allah glorified his countenance), as they say, if you narrate one hadith containing one of the virtues of Ali, peace be upon him, they ridicule you, charge you with Shi`ism, with being an innovator, and with being "extremist." When you, however, discuss the caliphs Abu Bakr and Umar, and other sahaba they feel very comfortable talking to you. This is exactly the doctrine of their "good predecessors." Historians have transmitted saying that Imam Ahmad ibn Hanbal used to label as "weak" any traditionist who belittled Abu Bakr, Umar, or Uthman, while holding in high esteem Ibrahim al-Jawzjani, the afore-mentioned Nasibi, praising him a great deal. Imam Ahmad ibn Hanbal corresponded with him, recited his books from the pulpit, and used his works in support of his arguments. If this is the case with regard to Ahmad ibn Hanbal who forced his contemporaries to recognize the caliphate of Ali, whom he ranked as their fourth, do not ask me about the others who did not admit even one single merit for Ali, or about those who cursed and condemned him from the pulpits during Fridays and Eids. Al-Dar Qutni, for example, says, "Ibn Qutaybah, spokesman of Ahl al-Sunnah, inclines to ascribing human characteristics (to Allah) and deviates from the line of the Prophet's `Itrat."[130]This proves that most "Ahl al-Sunnah wal Jama`a" deviated from the path of the Progeny of the Messenger of Allah. Al-Mutawakkil, whom traditionists called muhyi al-Sunnah, the person who revived the Sunnah, and whom Ahmad ibn Hanbal used to respect and hold in high regards and whose orders he endorsed in appointing judges, was one of the most notorious Nasibis who were antagonistic towards Ali and his Ahl al-Bayt, so much so that his grudge prompted him to desecrate the graves of both Ali and his son Husayn, peace be upon them. He used to forbid anyone from visiting their sites and would kill anyone named "Ali." In his dissertation, al-Khawarizmi quotes him saying that he used to generously reward with money only those who cursed the descendants of Abu Talib, peace be upon them, and support the sect of Nasibism.[131] Needless to say, Nasibism is one of the sects of "Ahl al-Sunnah wal Jama`a;" therefore, the promoter of Nasibism, namely al-Mutawakkil, is the same one labelled as muhyi al-Sunnah, the person who revived the Sunnah; so, consider. Ibn Kathir, in his Al-Bidaya wal Nihaya, tells us that when "Ahl al-Sunnah wal Jama`a" heard al-A`mash narrating the tradition of the roasted bird, which contains a praise of Ali ibn Abu Talib (peace be upon him), they took him out of the mosque then washed the place where he used to sit.[132] They also opposed the burial of Imam Muhammad ibn Jarir al-Tabari, author of AlTafsir al-Kabir (the great exegesis) and the great historian, for no reason other than his admission of the authenticity of hadith al-Ghadeer in which the Prophet is quoted saying, "Whoever regards me as his/her mawla(master), this Ali is (henceforth) his/her master." He collected its sources from various avenues. Those sources were quite numerous, so they came to be referred to as mutawatir, consecutively reported. Ibn Kathir has said, "I have seen one of his books wherein he compiled the traditions relevant to the Ghadeer incident, and it was in two huge volumes, in addition to another book in which he compiles the incidents relevant to the tradition of the roasted bird."[133] Ibn Hajar, too, has discussed him in his book Lisan al-Mizan, saying, "He is the great Imam and the highly respected interpreter of the Qur'an; he is trustworthy, truthful, and there is a good deal of Shi`ism in him and support (for Ahl al-Bayt, as) which is not detrimental (to his reliability)."[134] When Imam al-Nasa'i, the great traditionist and one of the authors of Al-Sihah alSittah (the six books of traditions which the Sunnis regard as sahih, authentic), wrote a book dealing with the merits of the Commander of the Faithful Ali, he was asked about Mu`awiyah's "merits," whereupon he answered: "I do not know of any except that the Messenger of Allah said to him once: `May Allah never satisfy your stomach.'" He was, therefore, beaten on his genitals till he lost consciousness. His body was carried to some place to die of such beating. Ibn Kathir tells us the following in his Tarikh where he describes the violent confrontations that took place in Baghdad in 363 A.H./954 A.D. between the Shi`as and "Ahl al-Sunnah wal Jama`a" on the anniversary of Ashura: A group from "Ahl al-Sunnah" seated a woman on an animal to play the role of Ayesha and brought some of their men to play Talha and al-Zubayr. They expressed their objective thus: "We want to fight the followers of Ali." A large number of people were killed.[135] This is what goes on nowadays, too: "Ahl al-Sunnah wal Jama`a" attack Shi`as on Ashura in order to prohibit them from participating in the commemorative procession, killing many innocent Muslims. After having conducted such an expose, it becomes clear to us that the Nasibis who antagonized Ali, peace be upon him, and who fought Ahl al-Bayt, peace be upon them, are the ones who labelled themselves "Ahl al-Sunnah," and we have already come to know what "Sunnah" they mean and to what "consensus" they refer. It is self-evident that whoever antagonizes the Progeny of the Messenger of Allah is an enemy of their grandfather the Prophet, and whoever antagonizes the Messenger of Allah is an enemy of Allah. It is likewise self-evident that anyone who is an opponent of Allah, His Messenger and Ahl al-Bayt cannot be among the true servants of the Merciful One, nor can he be among the followers of the Sunnah except when such a "Sunnah" is meant to be the "sunnah" of the devil. As for the Sunnah of the Merciful One, it is loving Allah and His Messenger and Ahl al-Bayt, following them and following in their footsteps. The most Exalted One has said, "Say: I do not ask you for any reward for it except to love my near relatives" (Holy Qur'an, 42:23). So how can one compare Mu`awiyah with Ali, or the "imams" of misguidance with the Imams of guidance? This is a clear statement for people, and guidance, and admonition, to those who fear their Lord. (Holy Qur'an, 3:138) [126] What they mean by "Rafidi" [literally: rejectionist] is someone who follows Ali and rejects the caliphate of those who preceded him in ruling over the Muslims. [127] Ibn Hajar, Tahdhib al-Tahdhib, Vol. 5, p. 145 and Vol. 1, p. 82. [128] It is well known that the followers of Uthman are the Nasibis who accused Ali of being kafir, apostate, and they accused him of killing Uthman ibn Affan. They are headed by Mu`awiyah ibn Abu Sufyan, Uthman's cousin; so, he is their chief and leader. [129] The Nasibis are Ali's enemies and the enemies of his Ahl al-Bayt from among the Kharijites, the Qasitis, and the renegades who antagonized him and fought him. After his martyrdom, they took to cursing and condemning him. [130] Al-Dhahabi, Lisan al-Mizan, Vol. 3, p. 357. [131] Refer to p. 135 of al-Khawarizmi's Rasaail (Letters). [132] [As an act of purification from najasa, uncleanness or filth.] This incident is narrated on p. 147, Vol. 11, of Ibn Kathir's book Al Bidaya wal Nihaya. [133] Ibid. [134] This is mentioned when Ibn Hajar, author of Lisan al-Mizan, discusses the biography of Ibn Jarir al-Tabari. [135] Ibn Kathir, Al-Bidaya wal Nihaya fil Fitan wal Malahim, Vol. 11, p. 275. How "Ahl al-Sunnah wal Jama`a" Distort the Blessing of Muhammad and His Progeny Carefully discern this chapter, may Allah look after you, for you will come to know what "Ahl al-Sunnah wal Jama`a" conceal, and to what extent they have gone in hating the Progeny of the Prophet, leaving no virtue of Ahl al-Bayt without distorting it. Among such distortions is the sending of blessings unto Muhammad and his Progeny as ordained in the Holy Qur'an. Al-Bukhari and Muslim, as well as all Sunni scholars who came after them, indicate that the sahaba once came to meet with the Prophet when the following verse was revealed: Surely Allah and His angels bless the Prophet; O you who believe! Invoke (Divine) blessings unto him and salute him with a becoming salutation. (Holy Qur'an, 33:56) They said, "O Messenger of Allah! We know how to salute you, but we do not know who to bless you!" The Prophet said, "You should say: `O Allah! Bless Muhammad and the Progeny of Muhammad (Aali Muhammad) just as You blessed Ibrahim and the progeny of Ibrahim, surely You are often Praised, Glorified.'"[136] Other traditionists have added to the above saying that the Prophet said (furthermore) to them: "Do not bless me with a curtailed blessing." They asked him, "And what is a curtailed blessing, O Messenger of Allah?" He said, "It is your saying: `O Allah! Bless Muhammad,' then you stop. Allah is Perfect and accepts nothing less than perfection." This is why Imam al-Shafi`i was prompted to openly advocate that if anyone does not bless Ahl al-Bayt, his prayers are not accepted by Allah. Relying on the authority of Ibn Mas`ud al-Ansari, al-Dar Qutni indicates the following in his Musnad: The Messenger of Allah has said: "Whoever prays without blessing me and my Ahl al-Bayt, his prayers will never be accepted."[137] In his book Al-Sawa`iq al-Muhriqa, Ibn Hajar says, "Al-Daylami has quoted the Prophet saying that everyone's supplication is withheld till he invokes Allah's blessings unto Muhammad and the Progeny of Muhammad."[138] Likewise, alTabrani in his Al-Awsat has quoted Ali, peace be upon him, saying that everyone's supplication is withheld till he invokes divine blessings unto Muhammad and his Progeny.[139] Thus do we come to know how the Sahih books of "Ahl al-Sunnah wal Jama`a" describe the correct way of invoking Allah's blessings unto Muhammad and his Progeny, that Allah does not accept the prayers of anyone unless he blesses Muhammad and and his Progeny, and that the supplication of every Muslim is withheld till he invokes Allah's blessings unto Muhammad and his Progeny. It is, by my life, a great virtue and a sublime feat whereby Ahl al-Bayt are favored over all other humans; through them does a Muslim seek nearness to his Lord. But "Ahl al-Sunnah wal Jama`a" were angered by leaving this feat of Ahl al-Bayt alone. They realized the dire consequences of doing so. No matter how many false "merits" and alleged "feats" can one attribute to Abu Bakr, Umar, Uthman, and all the sahaba, such "merits" and "feats" can never reach the lofty status of Ahl alBayt, nor can they reach its zenith simply because the prayers of all those who thus attribute and allege can never be accepted by Allah so long as they do not seek nearness to Him by invoking His blessings unto Ali ibn Abu Talib next to Muhammad, since he is the master of the `Itrat, as everyone knows. It is for this reason that they resorted to its adulteration by adding something from their own selves which the Messenger of Allah never mandated in the hope of enhancing the status of their masters among the sahaba, deliberately curtailing this invocation from the very first century. Notice how whenever they wrote a book, they left it without stating the complete blessing unto Muhammad and his Progeny, and whenever they mention "Muhammad", or "the Prophet", or "the Messenger of Allah", they say: Salla Allahu alaihi was sallam (Allah blessed and saluted him), removing any reference to the Progeny of Muhammad. And if you converse with one of them and ask him to bless Muhammad, he will answer you by saying: Salla Allahu alaihi wa sallam, without referring to his Progeny. Some of them go as far as circumventing it even more, saying only: Salli wa sallim (bless and salute). But if you ask any Shi`a, be he from Arabia or Persia, etc., to bless Muhammad, he would say: Allahomma Salli ala Muhammadin wa Aali Muhammad (O Allah! I invoke You to bless Muhammad and the Progeny of Muhammad). The books written by "Ahl al-Sunnah wal Jama`a" quote the Messenger of Allah mandating to "Say: Allahomma Salli ala Muhammadin wa Aali Muhammad," applying the present and future tense in the form of a supplication, an invocation, directed to the most Glorified One. Despite all of that, they are satisfied with the phrase "Salla Allahu Alaihi wa sallam," applying the past tense and in the narrative mode without making any reference to the Prophet's Progeny. Indeed, the leader of "Ahl al-Sunnah wal Jama`a," namely Mu`awiyah ibn Abu Sufyan, tried to remove any reference whatsoever to Muhammad in the athan.[140] No wonder, then, to find those who follow and emulate him deliberately circumventing and distorting sending blessings unto him. Had they been able to eliminate it altogether, they would have done just that, but there is no way they could__or can__ever do so. No way! You may nowadays hear those who ascend the pulpits, especially Wahhabi pulpits, offering nothing but the adulterated invocation of Allah's blessings unto him and his progeny. They may either use the curtailed supplication or, if they feel obligated to complete it, they will then add to it the phrase: "... and unto all his sahaba," or they may say, "... and unto his good and puresahaba," thus changing the Qur'anic verse referring to the purification of Ahl al-Bayt to make it sound as though it was revealed in honor not of Ahl al-Bayt but of the sahaba. They do so in order to mislead the general public into thinking that thesahaba enjoy the same merits enjoyed by Ahl al-Bayt. They have, in fact, learned the art of adulterating and distorting from their very first faqih and "great leader" Abdullah ibn Umar of whose hatred towards Ahl alBayt we are already fully aware. In his Al-Mawta, Malik indicates that Abdullah ibn Umar used to stand at the grave of the Prophet, blessing him, Abu Bakr, and Umar.[141] if you, dear researcher, contemplate on the status quo, you will find such an addition, that is, the blessing of the sahaba in addition to blessing the Prophet and his Progeny, has no basis neither in the Holy Qur'an nor in the Prophet's Sunnah. Rather, both the Holy Qur'an and the Sunnah have enjoined blessing Muhammad and his Progeny, and the command is directed to the sahaba before anyone else. You do not see such an addition except with "Ahl al-Sunnah wal Jama`a." How many are the innovations in the creed which they have invented, calling them "Sunnah," aiming thereby to cover someone's merit or to hide a fact? They wish to put out the Light of Allah with their mouths, while Allah insists upon completing His Light though the unbelievers are averse thereto. (Holy Qur'an, 61:8) [136] Al-Bukhari, Sahih., Vol. 4, p. 118. [137] This is recorded on p. 136 of al-Dar Qutni's Sunan. [138] This is recorded on p. 88 of Ibn Hajar al-`Asqalani's book Al-Sawa`iq alMuhriqa. [139] Fayd al-Qadeer, Vol. 5, p. 19. Kanz al-Ummal, Vol. 6, p. 173. [140] For documentation of this claim, refer to p. 46 of my book Ask Those Who Know. [141] Explanation to Malik, Al-Muwatta', Vol. 6, p. 180, the chapter titled "Tanweer al-Hawalik" (enlightening the dark areas). Allegations Refuted by Facts In this chapter, we would like to make clear for every wise person who is free from bias, who abandons fanaticism, and who removes the curtain from both his vision and insight in order to pursue the right guidance and the truth. We would like to tell him that all pillars of "Ahl al-Sunnah wal Jama`a," as well as their Imams, have acted against the clear Sunnah of the Prophet, leaving it behind their backs, deliberately and willingly forsaking it. No Muslim should be deceived by what he hears here or there of false praise based on neither a clear evidence nor a good argument. While unveiling these facts, we do not charge them with anything, nor do we add anything to what they themselves have stated in their Sahih, Musnad, and Tarikh books. We have already indicated some of these facts in our previous books, and we graciously passed by them, yet there is no harm in mentioning them here in detail so that the sun of guidance may shine, the clouds of misguidance may be dispelled, and the light may replace the darkness. In the following chapter, we will discuss the Imams and the pillars relied upon by "Ahl al-Sunnah wal Jama`a," the ones whom the latter regard as the zenith of scholarship and jurisprudence. They prefer them over the pure Imams from the offspring of the Prophet, deliberately ignoring a number of certain sahaba who were known to the elite as well as to the commoners__be they scholars or illiterate__as being immoral, remote from the spirit and ethics of Islam. Among the latter are: Mu`awiyah and his son Yazid[142], Ibn al-As, Ibn Marwan, Ibn Shu`bah, and their likes. Despite all of this, we do not waste our time by writing about these men to unveil their faults; some unbiased men among the historians and thinkers have already spared us this task. Instead, we will discuss in this research those Imams who gained fame as being righteous, fair, ascetic, and God-fearing; in short, those regarded by "Ahl alSunnah wal Jama`a" as the pillars, so that we may closely become familiar with their distortion of the Sunnah of the Prophet. They invented in this nation innovations which caused dissension and misguidance, thus causing the collapse of the lofty structure erected by the Messenger of Allah who spent his entire life struggling to safeguard and firm its foundations. I have chosen twelve of the pillars of "Ahl al-Sunnah wal Jama`a" who played a very significant role in influencing the events, in changing the characteristics of the creed, and in dividing and fragmenting the nation. [142] Ibn Sa`d, Al-Tabaqat al-Kubra, Vol. 5, p. 47, where Abdullah, who was bathed by the angels, is quoted saying, "By Allah! We did not disobey Yazid till we feared lest we should be hurled with stones from the skies, (for he is) a man who sleeps with his mothers, daughters, and sisters, who drinks wine and forsakes the prayers. By Allah! Had I had none to assist me, I would have done my best to fight him, seeking nearness to Allah." Yes; such is Yazid, the man well known for his wines and sins, the man who killed the fragrant flower of the Messenger of Allah as he was accompanied by all the Prophet's Progeny, permitting his soldiers to violate the sanctity of the Medina of the Prophet . Despite all of this, you can still find an "Islamic" state writing a book titled Facts about Ameer al-Momineen Yazid ibn Mu`awiyah! Imams and Pillars of "Ahl al-Sunnah wal Jama`a" These are: 1. Abu Bakr ibn Abu Quhafa, the first caliph 2. Umar ibn al-Khattab, the second caliph 3. Uthman ibn Affan, the third caliph 4. Talhah ibn Ubaydullah 5. al-Zubayr ibn al-Awwam 6. Sa`d ibn Abu Waqqas 7. Abdul-Rahman ibn Awf 8. Ayesha daughter of Abu Bakr, Mother of the Faithful 9. Khalid ibn al-Waleed 10. Abu Hurayra al-Dawsi 11. Abdullah ibn Umar 12. Abdullah ibn al-Zubayr These are twelve personalities whom I have selected from many pillars of "Ahl alSunnah wal Jama`a" due to the fact that they are quite often referred to and praised, or to the abundance of their narrations and the proliferation of their knowledge, as they claim. We will briefly discuss each one of them and highlight how they violated the Prophet's Sunnah either deliberately or due to ignorance, so that it will become evident to the researcher that "Ahl al-Sunnah wal Jama`a" claim what is not theirs, following their own inclinations, alleging that they are right whereas all others are wrong. 1. Abu Bakr "al-Siddeeq" ibn Abu Quhafa In some of our previously published researches, we proved how he collected five hundred ahadith of the Prophet, burnt them, then delivered a sermon in which he said, "Do not quote anyhadith of the Messenger of Allah; whoever asks you, say: `Between us and you is the Book of Allah; so, act upon what it permits and stay away from what it prohibits.'" We also indicated that he violated the Sunnah of the Prophet in recording the Book, supporting Umar in his statement in which he said, "The Messenger of Allah is hallucinating, and the Book of Allah suffices us." He also discarded all the ahadith mandating the caliphate of Ali, thus usurping the caliphate for himself. And he abandoned the Sunnah of the Prophet with regard to the appointment of Usamah as his [military] leader, refusing to participate in his campaign. And he abandoned the Sunnah of the Prophet by hurting the feelings of the Prophet's daughter al-Zahra, earning her anger. And he abandoned the Sunnah of the Prophet by fighting and killing the Muslims who refused to pay him their zakat. And he abandoned the Sunnah of the Prophet by using burning to death as a form of cold blooded execution even though the Prophet prohibited such an action. And he abandoned the Sunnah of the Prophet when he stopped giving money to those whose hearts could have been won and inclined to Islam, following Umar's view in their regard. And he abandoned the Sunnah of the Prophet when he appointed Umar as the caliph over the Muslims without even consulting with them. Yes; all these and other actions are violations of the Sunnah of the Prophet recorded by the authors of the Sahih books of "Ahl al-Sunnah wal Jama`a" and by their historians. They are violations filling their biography books. So, if the Prophet's Sunnah is what the scholars have defined as "every statement or action of or endorsement by the Messenger of Allah," Abu Bakr has violated the Sunnah through his statements, actions, or decisions. Among the Prophet's statements which he violated is this one: "Fatima is part of me; whoever angers her angers me." Fatima died angry with Abu Bakr according to al-Bukhari. Another is the Prophet's statement saying: "The curse of Allah be upon anyone who lags behind Usamah's army." He said so when they challenged his appointment of Usamah over them and refused to go to war with him and under his military command. Abu Bakr, despite such admonition, lagged behind Usamah's army under the pretext of taking care of the issue of caliphate. Among his actions in violation of the Sunnah is what the Messenger of Allah used to do with those whose hearts could be won towards Islam; he was very kind to them and even gave them a portion of the zakat as commanded by Allah, the Most Exalted One. But Abu Bakr deprived them of that right which the Holy Qur'an had already mandated, and which was carried out by the Prophet, only to please Umar ibn al-Khattab who said to them, "We have no need for you." Among the decisions whereby he violated the Sunnah was a decree made by the Prophet to write his ahadith down and to disseminate them among the public: Abu Bakr burnt them instead and prohibited everyone from disseminating or quoting them. Add to all the above the fact that he was ignorant about many Qur'anic injunctions. He was, for instance, asked once about the rule with regard to one who dies leaving some wealth but neither a will nor dependents. He answered by saying, "I shall state my own view in its regard; if it is correct, it is by the Grace of Allah; but if it is wrong, it is my own error and that of Satan."[143] How can you help being amazed about the caliph of the Muslims who is asked about an injunction which Allah explains in His Book and which the Messenger of Allah has clarified in his Sunnah, so he sets aside both the Book and the Sunnah to state his own personal view, then he admits that Satan may over-power his mind?! All this comes in the light of the fact that Muslim scholars had already decided that anyone who expresses his own view with regard to the Book of Allah commits apostasy. We have also come to know that the Prophet never stated his own personal view, nor did he ever employ qiyas. Add to all this the fact that Abu Bakr used to say, "Do not force me to act upon the Sunnah of your Prophet, for I can not bear it." If Abu Bakr could not bear the Sunnah of the Prophet, how can his followers and supporters claim to be the followers of the same Sunnah? He may be unable to tolerate it because it reminds him of his own deviation therefrom and his distance from the Messenger; otherwise, how can you interpret the verses saying, "He (Allah) has not laid upon you any hardship in the religion" (Holy Qur'an, 22:78), "Allah desires ease for you, and He does not desire for you any hardship" (Holy Qur'an, 2:185), "Allah does not overburden any soul with more than what it can bear" (Holy Qur'an, 2:286), and "Whatever the Messenger brings you, accept it, and keep back from whatever he forbids you" (Holy Qur'an, 59:7)? Abu Bakr's statement that he cannot bear the Prophet's Sunnah is his response to the above verses. If Abu Bakr, the first caliph after the Prophet, was unable to bear his Sunnah, during that time and age, how can Muslims of our time be asked to uphold Allah's injunctions as embedded in His Book and act upon the Sunnah of His Messenger?! But we have found Abu Bakr violating the Prophet's Sunnah even in easy matters which can be undertaken by poor and ignorant people: Abu Bakr abandoned the offering of sacrifices which the Messenger of Allah used to do and stress, and all Muslims came to know that to offer such sacrifices was a highly recommended and emphasized Sunnah; so, how could the caliph of Muslims abandon them?! In his chapter on the mother, al-Shafi`i, as well as others, has said: Abu Bakr and Umar, may Allah be pleased with them, never offered sacrifices because they hated others to follow their example and consider doing so as being obligatory. This is an erroneous and a groundless justification; all thesahaba had by then come to know that offering sacrifices was a Sunnah, a commendable act, not an obligation. Even if we suppose that people thought that they were obligatory, what harm could have resulted especially after having seen how Umar invented the Taraweeh prayers which were neither a Sunnah nor an obligation; rather, the Prophet had prohibited them, yet most "Ahl al-Sunnah wal Jama`a" nowadays think that they are obligatory? By abandoning the Prophet's Sunnah with regard to offering sacrifices, Abu Bakr and Umar may have desired to mislead the people into thinking that not all what the Messenger of Allah had done was obligatory, and that it could be abandoned and ignored. This may explain their statement: "The Book of Allah suffices us," and so will the statement made by Abu Bakr wherein he said, "Do not quote any of the Prophet's ahadithand say: `Between us and you is the Book of Allah; so, act upon what it permits and stay away from what it prohibits.'" Thereupon, had someone argued with Abu Bakr about the Prophet's Sunnah relevant, for example, to offering sacrifices, Abu Bakr would probably have answered him by saying, "Do not talk to me about anything relevant to the Prophet, and show me where the Book of Allah refers to offering sacrifices." Thus can a researcher understand why the Prophet's Sunnah remained unknown to them, forsaken, and why they altered the injunctions of Allah and His Messenger to fit their own views and qiyas and whatever they liked of matters agreeing with their own inclinations. The examples which we have put forth here are only a drop in the bucket compared to what Abu Bakr had done to the revered Sunnah of the Prophet and to the insults, burning, negligence with which he meted it. If we wished, we could write a separate book discussing them. How can any Muslim feel comfortable about a person the extent of whose knowledge is this much, whose relationship to the revered Sunnah of the Prophet is like that, and how can his followers call themselves "Ahl al-Sunnah"?! Followers of the Sunnah do not forsake the Sunnah, nor do they burn it. Nay! "Ahl alSunnah" are those who follow and revere it. Say: If you love Allah, follow me so that Allah may love you and forgive your sins, and Allah is oft-Forgiving, Merciful. Say: Obey Allah and the Messenger, but if they turn away, Allah does not love those who disbelieve. (Holy Qur'an, 3:31-32) 2. Umar ibn al-Khattab "al-Farooq" We have come to know from our previously published researches that he was the hero of the opposition to the honored Sunnah of the Prophet and the one who defied the Prophet's last order, saying: "The Messenger of Allah is hallucinating, and the Book of Allah suffices us." According to the statements of the Messenger who never uttered anything out of his own inclination, Umar is behind the misguidance of those who strayed in this nation.[144] We also came to know that he insulted, hurt the feelings of and terrorized Fatima al-Zahar, frightening her and her children when he assaulted her house and threatened to burn it. We also came to know that he collected the books recording the Prophet's Sunnah then burnt them, forbidding people from quoting the Prophet. Umar violated the Prophet's Sunnah as long as he lived, even when the Prophet was still alive, and he violated the Sunnah of the Prophet who required him to be among those recruited for Usamah's army. But he did not go with Usamah on the pretext of assisting Abu Bakr with the matters relevant to the caliphate. And he violated the Qur'an and the Sunnah when he stopped the distribution of the share of zakat due to those whose hearts could be won for Islam. And he violated the Qur'an and the Sunnah with regard tomut`at al-hajj and also to mut`at al-nisaa. And he violated the Qur'an and the Sunnah which required the pronouncement of the divorce statement thrice, making such a requirement only once. And he violated the Qur'an and the Sunnah with regard to the obligation of tayammum, invalidating the prayers in the absence of water. And he violated the Qur'an and the Sunnah which prohibited people from spying on one another, inventing espionage. And he violated the Qur'an and the Sunnah when he eliminated a part of the athan and substituted it with something from his own. And he violated the Qur'an and the Sunnah when he failed to penalize Khalid ibn al-Waleed whom he used to threaten of penalizing. And he violated the Qur'an and the Sunnah which prohibit thenafl prayers being prayed in congregation, inventing the Taraweeh. And he violated the Qur'an and the Sunnah with regard to the distribution of public money, inventing discrimination and creating class distinction in Islam. And he violated the Qur'an and the Sunnah when he set upmajlis al-shura, entrusting Ibn Awf to be in charge of it. Is not all of this indicative of Banu Umayyah's ridicule and mockery of Islam and Muslims when they attribute such "merits" to a man who was very well known of being rough and heavy handed and continuously opposing the Prophet?[145] It is as though those Umayyads were saying to the Muslims, "Muhammad's time and whatever it contained has passed away, while our own time has come to issue whatever religious rules we like and prefer. Now you have become our slaves even against your wish and against the will of the Prophet in whom you believe." Is this not a sort of reaction and an attempt to seek revenge so that Quraysh's leadership would be rendered back to Banu Umayyah who fought Islam and the Prophet of Islam? If Umar ibn al-Khattab tried very hard to obliterate the Prophet's ahadith, ridiculing them and acting to their contrary them even during the lifetime of the Prophet himself, it is no wonder that Quraysh handed the reins of its leadership to him, making him its supreme leader. This is so due to the fact that after the dawn of Islam, Umar became its articulate spokesman and the hero of its opposition. After the demise of the Prophet, he became the symbol of its wielding might and great hope in realizing its dreams and ambitions to ascend to authority. It is not a mere coincident to find Umar ibn al-Khattab acting in contradiction to the Prophet's Sunnah and trying to relocate Ibrahim's standing place at the House of Allah and place it where it used to be during the days of ignorance (Jahiliyya). Ibn Sa`d has said the following in his Tabaqat just as other historians have: When the Prophet conquered Mecca, he attached Ibrahim's standing place (maqam) to the House just as it used to be during the time of Ibrahim and Isma`eel, peace be upon them, because the Arabs during the period of Jahiliyya had separated it and relocated it where it is now. During the lifetime of the Prophet and that of Abu Bakr, it used to be attached to the House.[146] Can you, by your Lord, find a justification for Umar ibn al-Khattab deliberately killing a Sunnah of the Prophet who did what both Ibrahim and Isma`eel had done. He revived the traditions of jahiliyya by rebuilding the maqam as it used to be during that time? How could Quraysh not have preferred him over others and narrate in his praise what goes beyond one's imagination, so much so that even his friend Abu Bakr, who had preceded him in being the caliph, never acquired such a praise? According to al-Bukhari, "Abu Bakr's temper was tainted with some weakness, but Umar took it (caliphate) from him, and no genius could have ever committed such a calumny." This is only a small portion of the innovations which he introduced in Islam. They all contradict the Book of Allah and the Sunnah of His Messenger. If we wish to compile all the innovations and injunctions wherein he followed his own personal views and which he forced people to adopt, a separate book will be needed, but we only desired here to be brief. One may say, "How could Umar ibn al-Khattab have contradicted the Book of Allah and the Sunnah of His Prophet while Allah, the Exalted One, says, `It does not behove any believing man or woman to make any choice in their matter once Allah and His Apostle have decided it, and whoever disobeys Allah and His Messenger surely strays off a manifest straying' (Holy Qur'an, 33:36)"? Actually, this question is often repeated by most people nowadays as though they are in disbelief, not accepting the fact that Umar ibn al-Khattab did any such things. To these folks we would like to say: "This is confirmed by his own friends and followers from `Ahl al-Sunnah wal Jama`a' who unknowingly prefer him over the Prophet." If what is said about him (above) is falsehood, then their Sahih books would be rendered unworthy of any consideration, and they will have no argument beyond that to support their own beliefs! Yet most historical events were recorded during the government of "Ahl al-Sunnah wal Jama`a" whose love, respect, and regard for the son of al-Khattab can never be doubted. But if they are authentic, which is the unavoidable truth, then the Muslims nowadays are bound to rethink their stands and reconsider all their beliefs if they truly are followers of the Sunnah and the consensus. You can find most researchers these days, having been too dumbfounded to refute these narratives and historical events which are recorded by all scholars and traditionists, being unable to disprove them. You can find them interpreting and seeking weak pretexts which cannot be based on any scholarly argument. Some of them took to enumerating his (Umar's) innovations, turning them into merits to his credit for which he should be thanked! It is as though Allah and His Messenger did not know what the best interest of the Muslims is, so they overlooked such innovations__we seek Allah's forgiveness__so Umar discovered them and enacted the rules for them following the demise of the Messenger of Allah! Since Umar is the leader and Imam of "Ahl al-Sunnah wal Jama`a," then I clear myself before Allah from such Sunnah and Jama`a, pleading to Him, the Most Glorified One, to take my soul away at the moment of death as a follower of the Sunnah of the last of His Prophets and the master of all Messengers, our master Muhammad, and a follower of the path of his good Progeny, the purified ones. 3. Uthman ibn Affan "Dhul-Noorayn" He is the third caliph who reached caliphate through the schemes of Umar ibn alKhattab and Abdullah ibn Awf who made him swear to rule the Muslims according to the Book of Allah and the Sunnah of both caliphs (who had preceded him). I personally doubt his having acted upon the second condition, that is, to follow (by implication) the Sunnah of the Messenger of Allah. It is so because Abd al-Rahman ibn Awf knew, more than anyone else, that both caliphs, Abu Bakr and Umar, did not rule according to the Sunnah of the Prophet, that they, instead, ruled according to their own ijtihad and personal views, and that the Prophet's Sunnah would have been rendered completely non-existent during the reign of both Shaykhs had not Imam Ali stood to revive it whenever the circumstances permitted him to do so. Most likely, he preconditioned the Commander of the Faithful Ali ibn Abu Talib to rule among them according to the Book of Allah and the Sunnah of both Shaykhs, but Ali refused this condition saying, "I do not rule except according to the Book of Allah and the Sunnah of His Messenger." Ali, therefore, lost his chance then to become the caliph because he wanted to revive the Sunnah of the Prophet, whereas Uthman won it because he agreed to continue the march in the footsteps of Abu Bakr and Umar who had stated more than once that, "We have no need for the Prophet's Sunnah; rather, the Qur'an suffices us; so, let them act according to what it permits and stay away from what it prohibits." What increases our conviction with regard to this assumption is that Uthman ibn Affan understood this condition as implying following his own views in as far as the [Islamic] injunctions are concerned, as did both of his friends; such is the "Sunnah" enacted by both Shaykhs following the demise of the Prophet. This is why we find out that Uthman gave way to his own views and followed ijtihad more than his predecessors had ever done, so much so that the sahaba resented it and went to Abd al-Rahman ibn Awf to blame him saying, "This is the doing of your own self!" When opposition to and resentment towards Uthman intensified, the latter stood to deliver a sermon to thesahaba in which he said, "Why did you not express your resentment to Umar ibn al-Khattab who (too) followed his own views? Was it so because he used to scare you with his cane?!" Ibn Qutaybah narrates the following: Uthman stood on the pulpit to deliver a sermon when people expressed their resentment to him. He said: "By Allah, O fellow Muhajirs and Ansars! You have found fault with many things I have done and condemned many others though you had endorsed similar actions done by the son of al-Khattab, but he shut your mouths and subdued you, and none of you dared to look him in the eyes nor point a finger at him. By Allah! My kinsfolk number more than those of the son of al-Khattab, and they are more ready to come to my aid."[147] I personally think that the sahaba who belonged to the Muhajirun and Ansar did not oppose Uthman's ijtihad, for they had by then become used to it and even blessed it from day one, but they resented his deposing them from their government posts to replace them with the promiscuous ones from his cousins and relatives who had only recently been fighting Islam and Muslims. The Muhajirs and the Ansars did not voice their objection to Abu Bakr or to Umar simply because they did share authority with both of them. Both caliphs gave the Ansars and the Muhajirun the posts which paid very well and which made them powerful. As for Uthman, he deposed most of them and doled out huge sums of money to Banu Umayyah without a measure. It was then that they denounced him, cast doubts about his authority, till in the end they killed him. This is the truth which the Messenger of Allah had predicted when he said to them, "I do not fear lest you should commit shirk after me, but I do fear lest you should fiercely compete with one another (to obtain wealth and political power)." Imam Ali had said, "It is as though they had never heard the verse of the Most Exalted One saying, `Such is the last abode: We assign it for those who have no desire to exalt themselves on earth, nor to cause mischief, and the good end is for the righteous' (Holy Qur'an, 28:83)." Yes, by Allah, they had heard and comprehended that verse, but the life of this world appeared very sweet in their eyes, and they liked its glitter. This is the truth. If we presume that they condemned his distortion of the Sunnah of the Prophet, this cannot be proven. Since they had not condemned the same when done by Abu Bakr and Umar, how can they condemn his (Uthman's) doing it? The assumption is that Uthman ibn Affan had indeed a larger number of relatives and supporters than Abu Bakr and Umar, as he himself had stated, because he was the chief of Banu Umayyah, and Banu Umayyah were closer in kinship to the Prophet than Taym or Adiyy, the tribes to which Abu Bakr and Umar belonged respectively, more powerful, more influential, more prestigious, and more distinguished in descent. Because the sahaba did not denounce what Abu Bakr and Umar did, rather they emulated these men's Sunnah and knowingly abandoned the Sunnah of the Prophet, they could not have denounced something which Uthman did and which they had already endorsed when done by someone else. The proof testifying to this fact is that they were present on many occasions during which Uthman altered the Sunnah of the Prophet such as performing the complete prayers when he was travelling, his prohibition of talbiya, his leaving out the takbirfrom the prayers, his prohibition of mut`at al-hajj..., etc., without anyone expressing his objection other than Ali ibn Abu Talib, as we will come to clarify by the will of Allah. The sahaba knew the Prophet's Sunnah very well, yet they deliberately contradicted it for the sake of pleasing caliph Uthman. In his book Al-Sunan al-Kubra, al-Bayhaqi quotes Abd al-Rahman ibn Yazid saying, "We were in the company of Abdullah ibn Mas`ud once when he entered Mina's mosque. `How many rek`as did the commander of the faithful (meaning Uthman) pray?' asked he. He was told that he had prayed fourrek`as. We, therefore, asked him, `Did you not narrate onehadith to us telling us that the Prophet had prayed only tworek`as, and so did Abu Bakr?' He answered by saying, `Yes, I did. And I can now repeat the same, but Uthman is now the Imam, and I shall not dissent from anything he does, since dissension is evil.'"[148] So read such a statement and wonder about this sahabi, Abdullah ibn Mas`ud, who was one of the most distinguishedsahaba, labelling dissenting with Uthman as evil while contradicting the Messenger of Allah as goodness all of it! Can anyone say beyond this that they resented his forsaking the Prophet's Sunnah?! Sufyan ibn Ayeenah has quoted Ja`far ibn Muhammad saying: While staying at Mina, Uthman fell sick, whereupon Ali came. Ali was asked by people to lead the prayers. Ali, therefore, said, "If you wish, but I shall perform the prayers according to the way the Messenger of Allah used to pray, I mean two rek`as." They said: "No, we insist on four rek`as prayers performed by commander of the faithful Uthman." Ali refused to lead their prayers.[149] So read and wonder about these companions, who were thousands in number, and who were at Mina during the hajjseason, how they openly refused to follow the Sunnah of the Messenger of Allah and did not accept anything other than thebid`a invented by Uthman! If Abdullah ibn Mas`ud regarded dissenting from Uthman as evil, so he performed four rek`asdespite the fact that he narrated about the Prophet praying only two, he might have done so out of his fear of those who were counted in the thousands, and who accepted nothing other than what Uthman used to do, discarding the Prophet's Sunnah. Do not forget, having come to know this much, to salute and greet the Prophet and the Commander of the Faithful Ali ibn Abu Talib who refused to lead their prayers in any way other than that performed by the Messenger of Allah, desiring to revive the Sunnah which those folks had violated, fearing nobody's blame, showing no apprehension of their multitudes or schemes. It is noteworthy in this regard to point out to the fact that Abdullah ibn Umar had said, "Prayers of a traveller are in tworek`as; whoever violates the Sunnah commits kufr(apostasy)."[150] Thus, Abdullah ibn Umar [implicitly] labels askafir caliph Uthman ibn Affan and all the sahaba who followed his bid`a by performing a complete prayer while travelling. Despite all of this, we shall return to this faqih, namely Abdullah ibn Umar [ibn al-Khattab] in order to judge him according to what he himself had judged others. Al-Bukhari has stated the following in his Sahih: I heard Uthman and Ali, may Allah be pleased with both of them, when they were in the area between Mecca and Medina, while Uthman was banning the mut`a and the combination of both hajj and `umra. When Ali saw that, he [contradicted him and] said, after shouting "Allahu Akbar," Labbayka `umratan wa hajjan ma`a! ("At your service, O Lord, do I perform both the `umra and the hajj together"). Uthman, therefore, said, "You see me forbidding people from doing something, yet you do it yourself?!" Ali said, "Never shall I abandon the Sunnah of the Messenger of Allah because of what someone else says."[151] Can you help being amazed at seeing the caliph of the Muslims openly violating the Sunnah and going beyond that to forbid people from following it, yet none opposes him except Ali ibn Abu Talib who would never abandon the Sunnah of the Messenger of Allah even if he were to pay for his life for it? Tell me, by your Lord, do you find among the companions of Muhammad anyone other than the father of al-Husayn truly acting upon the Prophet's Sunnah? Despite the ruler's might and toughness, and despite the support meted to him by the sahaba, Ali never abandoned the Sunnah, and here are their books and Sahihs testifying to the truth of our conclusion that he, greeting from Allah be upon him, tried his best to revive the Prophet's Sunnah and bring people back to it, but "No value is there for the view of anyone who is not obeyed," as he himself had said. In that time and age, none was there to obey him and follow his instructions except the Shi`as who accepted him as their leader, who followed in his footsteps, and who referred to him in every regard. Thus does it becomes very clear to us that the sahaba did not find anything wrong with Uthman altering the Prophet's Sunnah. We have come to know from reviewing their Sahih books how they contradict the Sunnah of the Prophet, but they do not contradict Uthman in his innovation. They, nevertheless, revolted against him out of their pursuit of the good things in this insignificant life, running after wealth, power, and authority. They are the ones who were unrelenting in their fight against Ali because he did not give them government posts but demanded their returning the money which they had wrongfully amassed tobayt al-mal of the Muslims so that the indigent might benefit from it. May Allah support you, O father of al-Hasan ! O you who safeguarded the Book of your Lord and the Sunnah of your cousin the Messenger of Allah and were an Imam for the righteous, the supporter of the downtrodden! Your Shi`as are the ones who shall attain victory, for they upheld the Book of Allah and the Sunnah of His Messenger by rallying around you and referring to you. Can you believe, dear reader and discreet researcher, after all the researches which you have come across, that the followers of Uthman ibn Affan can be regarded as the followers of the Sunnah while the followers of Ali are the "rejectionists" and the inventors of bid`as?! So pass your judgment in the light of what Allah has shown you if your are fair. Surely Allah commands you to return the trusts to their rightful owners, and that when you judge among the people, you should judge justly; surely Allah admonishes you with what is excellent; surely Allah is hears and sees. (Holy Qur'an, 4:58) 4. Talhah ibn Ubaydullah He is one of the most prominent and renowned companions of the Prophet and one of the six persons recommended by Umar ibn al-Khattab to be caliphs. About him, Umar had said that "He is a believer when pleased, an apostate when angry; one day he acts as a human being, another as a devil," and he is one of the ten men who received the glad tidings of going to Paradise as "Ahl al-Sunnah wal Jama`a" claim. When we research the books of history trying to define his personality, it becomes obvious to us that he was one of those who loved this world, who were deceived and dragged by it, who sold their creed for its sake, thus losing their souls; their trade was in vain, and on the Day of Judgment, they will be among those who will deeply regret. He is Talhah who, whenever he used to say, "Once the Messenger of Allah dies, I shall marry Ayesha, for she is my cousin," he hurt the feelings of the Messenger of Allah. When the Messenger of Allah heard this statement, he felt deeply hurt. And when the verse referring to the veil and to the Prophet's women being required to be veiled from the public, Talhah said, "Is Muhammad prohibiting us from seeing our cousins and preferring to marry them himself? Should anything happen to him, I shall most certainly marry his wives after that."[152]When the feelings of the Messenger of Allah were hurt, this verse was revealed: It does not behove you to hurt [the feelings of] the Messenger of Allah, nor should you marry his wives after him at all; this surely is grievous in the sight of Allah. (Holy Qur'an, 33:53) This is the same Talhah who came to see Abu Bakr before the latter's demise and after his putting his promise of caliphate to Umar ibn al-Khattab in writing and said to him, "What will you say to your Lord after having installed over us a ruler who is rough and heavy handed?" Abu Bakr then taunted him with profane language.[153] Yet we find him taking to silence and endorsing the new caliph, even becoming one of his supporters, working hard to amass wealth and buy slaves especially after having coveted the post of caliph following his being recommended by Umar to be the caliph after him. Talhah is the same man who betrayed Imam Ali and joined the ranks of Uthman ibn Affan due to his prior knowledge that were the caliphate to be vested upon Ali, he would have no reason after that to be hopeful of attaining it himself. In this regard, Ali said, "So one of their men listened to his grudge, while another supported his son-in-law, despite weakness in this and in that..." Shaykh Muhammad Abdoh says the following in his Sharh: Talhah was inclined towards Uthman due to the kinship between them according to what is recorded by the biographers. His mere inclination towards Uthman rather than Ali may be rendered to his being a man of Taym, for both Banu Hashim and Banu Taym had objected to the appointment of Abu Bakr to the caliphate.[154] Undoubtedly, Talhah is one of those who attended the swearing of allegiance to Ali at Ghadeer Khumm and who had heard the Prophet saying, "To whomsoever I have been the master, this Ali is his master." And there is no doubt that he heard the Messenger of Allah saying, "Ali is with the truth and the truth is with Ali." He was present on Khaybar day when he gave the standard to Ali saying that Ali loved Allah and His Messenger and they both loved him. He also knew that Ali was to the Prophet like Aaron to Moses. And he knew more and more... But deeply rooted grudge and spite had filled his heart, so much so that he could see nothing except fanaticism to his tribe and bias to his cousin Ayesha daughter of Abu Bakr whom he aspired to marry after the demise of the Prophet, but the Qur'an made it impossible. Yes, Talhah joined Uthman and swore to be loyal to him because Uthman used to give him many grants and gifts. When Uthman ascended the seat of caliphate, he showered Talhah without a measure with the wealth which belonged to the Muslims.[155] His wealth, therefore, and his cattle and slaves increased till his income from his property in Iraq alone reached one thousand dinars a day. In his Tabaqat, Ibn Sa`d says, "At the time of his death, Talhah had left thirty million dirhams. The cash was two hundred thousand dinars, two million and two hundred thousand dirhams, and the rest was in the form of hamlets and real estate."[156] This is why Talhah was turned into an oppressor. He became arrogant and started instigating people against his close friend Uthman in order to depose him and take his place. Mother of the faithful Ayesha may have tempted him with the promise of caliphate because she, too, tried her best to undermine Uthman, and she had no doubt that caliphate would be the lot of her cousin Talhah. When the news of Uthman's murder reached her, and when she was told that people had sworn the oath of allegiance to Talhah, she was very delighted and said, "Away with Na`thal[157] and may he be crushed! Congratulations to you, man of the finger, father of lion cubs! Congratulations to you, cousin! Allah bless your father! By Allah, they have found Talhah worthy of it!" Yes, such was the way how Talhah rewarded Uthman, the man who made him wealthy. He betrayed him because of his own desire to succeed him as the caliph. He instigated people to revolt against him and was the most zealous in encouraging them to kill him, so much so that he even prohibited drinking water from reaching Uthman when the latter's house was under siege. Ibn Abul-Hadid quotes Uthman saying the following when his house was besieged: "Woe unto me from the son of the woman of Hadramaut (meaning Talhah)! I gave him such-and-such in pure gold, and now he is seeking to shed my blood, encouraging others to kill me! O Allah! Do not permit him to enjoy it (caliphate), and let him face the evil ends of his mischief!" Yes; such is Talhah who [first] sided with Uthman and selected him for the caliphate in order to distance Ali from it, and because Uthman had given him gold and silver, he now is instigating people against him, ordering them to kill him, prohibiting drinking water from reaching his house! And when they brought Uthman's corpse to be buried, he forbade them from burying it at the Muslims' cemetery, so Uthman had to be buried at Hish Kawkab where the Jews used to bury their dead![158] Yet after all of that, we see Talhah as the very first person to swear the oath of allegiance to Imam Ali following Uthman's assassination, then he reneged from his oath and joined his cousin Ayesha at Mecca and suddenly started seeking revenge for Uthman! Praise be to Allah! Is there any calumny greater than this?! Some historians justify this conduct by saying that Ali had refused to appoint him as the governor of Kufa and surrounding areas, so he reneged from his oath of allegiance to him and went out to fight the same Imam to whom he only yesterday had sworn to follow! Such is the nature of those who sink in their love for this world up to their summit, those who sell their hereafter and whose concern is nothing more than authority, power, and wealth. Taha Husayn writes the following: Talhah, then, used to represent a special type of opposition: He accepted whatever was secured for him of wealth and prestige, but when he coveted more, he joined the opposition till he caused many people to perish before he, too, finally perished.[159] Such is Talhah who only yesterday swore the oath of allegiance to Imam Ali: He comes out only a few days later dragging the wife of the Messenger of Allah Ayesha to Basra, killing innocent people, plundering their wealth, and terrorizing them in order to force them to disobey Ali. Then he shamelessly stood to fight the Imam of his time to whom he had willingly and out of his own choice promised to obey and support. Despite all of that, Imam Ali sought him shortly before the battle started, found him in the midst of the ranks of dissidents, and asked him, "Did you not swear the oath of allegiance to me? What caused you to dissent, O Talhah?" He said, "Seeking revenge for Uthman's murder." Ali said, "May Allah kill the foremost person responsible for Uthman's murder." According to Ibn Asakir's narration, Imam Ali asked Talhah, "I ask you in the Name of Allah, O Talhah, did you hear the Messenger of Allah saying, `To whomsoever I have been the master, this Ali is his master; O Allah! Befriend whoever befriends him and be the enemy of whoever antagonizes him!'?" Talhah said, "Yes." Ali then asked him, "Why do you then fight me?" His answer was, "To seek revenge for Uthman's murder." Ali's answer was, "May Allah kill the foremost person responsible for Uthman's murder." Allah did, indeed, favorably respond to Ali's supplication: Talhah was killed on that same day at the hands of Marwan ibn al-Hakam whom Talhah had brought there to fight Ali ! He is the Talhah of dissension, falsehood, and the turning of facts upside down without any regard for the call of conscience or for a sworn oath or for a promise made. Nor did he hear the call for justice. Imam Ali reminded him of his oath, thus driving his argument against him home, but he persisted, became puffed up with pride, and went to extremes in his misguidance, straying from the right path and causing others to stray with him. Because of him, a great multitude of innocent people were killed, people who did not have anything to do with Uthman's assassination, nor did they even know him as long as they lived, nor did they even leave Basra... Ibn Abul-Hadid has transmitted saying that when Talhah reached Basra, Abdullah ibn al-Hakeem al-Tameemi came to him to ask him about letters which he had received from him. He asked him, "Ya Abu Muhammad! (O father of Muhammad)! Are these the letters which you had sent us?" He answered in the affirmative. "But you had written us only yesterday," Abdullah went on, "urging us to depose Uthman and kill him; now you have killed him, you come to us seeking revenge for him! By my life! This is not what you have in mind; you only seek this world. Wait for a moment! If this is your view, why did you agree when Ali invited you to swear the oath of allegiance to him, so you willingly and obediently swore the oath of allegiance to him, then you reneged from your oath of allegiance, then you came to us to get us to join you in your dissension?!"[160] Yes; this is the naked truth about Talhah ibn Ubaydullah as narrated by the authors of the books of Sunnah and by the historians belonging to "Ahl al-Sunnah wal Jama`a." Yet they say that he is one of the ten men who received the glad tidings of going to Paradise...! Does every man among them covet to enter Paradise? (Holy Qur'an, 70:38) Or shall We make those who belief and do good deeds like those who cause corruption in the land, or shall We make the righteous like the debauchees? (Holy Qur'an, 38:28) Is one who believes like one who disbelieves? Surely they are not equal. (Holy Qur'an, 32:18) As for those who believe and do good deeds, for them are the gardens of refuge as their homes because of what they did. As for those who disbelieved, their abode is the fire: whenever they want to get out of it, they are returned into it, and it is said to them: Taste the torture of the fire in which you disbelieved. (Surat al-Sajda, verses 19-20) 5. Al-Zubayr ibn al-Awwam He, too, is among the most distinguished sahaba and one of the foremost in migrating to Medina. He enjoyed kinship with the Messenger of Allah: Safiyya daughter of Abd al-Muttalib, the Prophet's aunt, was his mother. He was also husband of Asmaa daughter of Abu Bakr and sister of Ayesha. He is also one of the six men recommended by Umar ibn al-Khattab to become caliphs.[161] He is also one of those who received "the glad tidings of going to Paradise," according to "Ahl al-Sunnah wal Jama`a." No wonder, then, when we find him always in the company of his like Talhah: whenever Talha's name is mentioned, it is always followed by al-Zubayr's and vice versa. He is also one of those who competed with others for the riches of this world, filling their stomachs therewith. According to al-Tabari, his heritage amounted to fifty thousand dinars, one thousand horses, one thousand slaves, and many hamlets in Basra, Kufa, Egypt, and elsewhere. In this regard, Taha Husayn says, "People vary with regard to the distribution of alZubayr's legacy. Those who mention the least say that his heirs divided thirty-five million [dinars] among them, whereas those who provide the maximum figure say that they divided fifty-two million. Moderates say that they divided forty million among them. This should not surprise us. Al-Zubayr used to own real estate in Basra and Kufa, eleven houses in Medina, and property and real estate elsewhere.[162] Yet alBukhari narrates saying that al-Zubayr had left fifty million two hundred dinars.[163] We do not intend by stating this expose to audit the sahabawith regard to their earnings of goods, or to the wealth they amassed, which may all be halal, but when we see how both Talhah and al-Zubayr expressed so much interest in worldly gains and come to know that they reneged from their oath of allegiance to the Commander of the Faithful Ali ibn Abu Talib simply because he decided to retrieve the money which Uthman had given away in order to return it to the Muslims' bayt al-mal, it is then that we entertain doubts about these men. Add to the above the fact that upon becoming caliph, Imam Ali immediately took to bringing people back to the Sunnah of the Prophet which he started by the distribution of the wealth inbayt al-mal, giving each and every Muslim three dinars, be he an Arab or a non-Arab, and this is exactly what the Prophet used to do as long as he lived. Thus, Ali put an end to the bid`ainvented by Umar ibn al- Khattab who favored the Arabs over the non-Arabs, giving each Arab twice the share he gave the non-Arab. Ali's efforts to bring people back to the Sunnah of the Prophet was sufficient reason for the sahaba to revolt against him since they liked what Umar had invented. This is something which we overlooked while analyzing Quraysh who loved and sanctified Umar. He had favored Quraysh over all other Muslims, thus encouraging nationalistic Arab fanaticism, Qurayshi tribalism, and bourgeois class distinction. How could Ali come a quarter of a century after the demise of the Prophet to bring Quraysh back to the way they used to be during the time of the Prophet who gave everyone the same, giving Bilal the Ethiopian as much as he gave his uncle alAbbas? Quraysh, indeed, had resented the Messenger of Allah establishing such equality, and by sifting the biography of the Prophet, we can find how Qurayshites used to oppose him most of the time only for this reason. It is also for this reason that Talhah and al-Zubayr were angry with the Commander of the Faithful Ali who gave all of them equally, and who deprived them of ruling the Muslims then decided to hold them accountable for the wealth which they had amassed in order to return stolen money to the indigent. What is important, however, is that we should bear in mind that when he lost all hope of Ali appointing him as the governor of Basra and preferring him over others and fearing lest the new caliph should hold him accountable for amassing his legendary wealth, al-Zubayr came accompanied by his friend Talhah to seek Ali's permission to perform the `umra. It is then that Ali realized these men's hidden evil intentions. He then said about them, "By Allah! They do not seek to perform the `umra! Rather, they seek to carry out their treacherous scheme!" Al-Zubayr joined his sister-in-law Ayesha daughter of Abu Bakr, took her and Talhah out heading in the direction of Basra. When the dogs at Hawba barked at her, Ayesha wanted to go back; therefore, they brought her fifty persons who were introduced to her as men of truth and integrity to swear falsely in order the mother of the faithful might continue disobeying her Lord and husband and keep marching to Basra. They knew, the shrewd men that they were, that her influence over people was greater than theirs. For quarter of a century, they publicized for her and misled people into thinking that was the one whom the Messenger of Allah loved most, describing her as the "humayraa"[164] daughter of al-Siddeeq who had half the creed with her. What is really odd with regard to al-Zubayr is that he, too, had sought revenge for Uthman, as he claimed, whereas the righteous among the sahaba accused him of being the very same person who worked hard to kill Uthman. For example, Imam Ali said the following to him when he met him on the battle-field: "Are you holding me responsible for Uthman's blood and seeking revenge against me while you yourself had killed him?"[165] In his Mustadrak, al-Hakim writes the following: "Talhah and al-Zubayr came to Basra where people asked them: `What brought you here?' `Seeking revenge for Uthman's murder,' they answered. Al-Husayn said, `Glory to Allah! Do you think that people are brainless so they will not say that nobody killed Uthman other than you yourselves?!'" Al-Zubayr, like his friend Talhah, had done likewise: he betrayed Uthman and instigated people to kill him, then he willingly swore the oath of allegiance to Imam Ali, then he violated his oath and came to Basra seeking revenge for Uthman! Having entered Basra, he took part in many crimes, killing seventy of the city's guards and stealing everything itsbayt al-mal had contained. Historians say that they signed a truce with Uthman ibn Haneef, Basra's governor, pledging to treat him respectfully till Ali's arrival. Then they violated their truce agreement and pledge and attacked Uthman ibn Haneef as he was leading the evening prayers. They tied a number of people then killed them, and they even attempted to kill Uthman ibn Haneef whom Ali had appointed as the governor of Basra, but they were afraid his brother Sahl ibn Haneef, governor of Medina, might hear about it and seek to avenge his murder from their own people; so, they beat him severely, shaved his beard and moustaches, then attacked bayt al-mal, killing forty of its guards. They jailed Uthman and subjected him to severe torture. Commenting on this treachery, Taha Husayn writes the following about Talhah and al-Zubayr: These folks were not satisfied with violating their oath of allegiance to Ali but added to it their violation of the truce which they had signed with Uthman ibn Haneef, killing a number of the people of Basra who voiced their denunciation of such violation of the truce, the jailing of the amir, the robbing of all what bayt al-mal had contained, and the killing of a number of its guards.[166] When Ali reached Basra, he did not fight the rebels; rather, he invited them to accept the arbitration of the Book of Allah, which they refused. They went as far as killing those who had carried the Holy Qur'an to them. Despite all of this, the Imam called him, too, and did as he had done with Talhah, saying: O Zubayr! Do you remember when you, while in the company of the Messenger of Allah, passed by Banu Ghanam and smiled in the face of the Prophet immediately after he had looked at me, smiled, then said, "The son of Abu Talib never abandons his vanity," whereupon the Messenger of Allah said to you, "Hold your tongue; there is no vanity in him, and you will fight him while you yourself will be the unjust one"?[167] Ibn Abul-Hadid quotes in his book a sermon delivered by the Commander of the Faithful Ali ibn Abu Talib in which the Imam says: Lord! Al-Zubayr had severed my ties of kinship, reneged from his oath of allegiance to me, and supported my foe against me! O Lord! I implore You to spare me his evil with whatever means You will.[168] In Nahjul-Balagha of Imam Ali, the Imam writes the following about Talhah and al-Zubayr: Lord! They both boycotted and were unjust to me, then they reneged from their oath of obedience to me and instigated people against me; so, I implore You to untie what they had tied, to foil the scheme which they plotted, and to make them see the evil of what they aspired to do and for which they strove hard! I sought their repentance before the battle, and I solicited their patience before the clamor, but they despised Your bounty and rejected my offer to spare their lives.[169] In a letter he sent them before the fighting had begun, he said, "Go, O shaykhs, back to your senses, for now the greatest of your affair is shame, before shame is combined with the fire of hell, and peace be with you."[170] This is the painful truth, and this is how al-Zubayr was finished. No matter how hard some historians try to convince us that he (al-Zubayr) had, indeed, recalled to memory the hadith of the Prophet of which Ali reminded him, so he repented and retired from fighting and went to the lions' ravine where he was killed by Ibn Jarmooz..., all this does not hold water when compared with the prophecy of the Messenger of Allah who had predicted that, "You will fight him (Ali) while you yourself will be the unjust one." Some historians say that he wanted to retire when Imam Ali reminded him of the said hadith, but his son Abdullah taunted him of being a coward, so he was overwhelmed with zeal and returned to fight till he was killed. This is closer to the truth and to the sacred tradition containing some knowledge of the unknown provided by one who never speaks out of his own inclination. Had he truly regretted, repented, and renounced his error and injustice, why did he not act upon the statement of the Messenger of Allah saying: "To whomsoever I have been the master, this Ali is his master; O Allah! Befriend whoever befriends him and be the enemy of whoever antagonizes him; support whoever supports him, and betray whoever betrays him"? Why did he not support, accept the authority of, and seek to please, Ali ? Suppose he cannot do any of that, why did he not address the people whom he had brought for the battle to tell them that he saw the light of the truth and recalled to memory what he had forgotten and ask them to stop the war in order to safeguard the lives of innocent Muslims? But none of this ever took place. We, hence, get to know that the myth of his repentance and retirement is the brainchild of the imagination of fabricators who were dazzled by Ali's light and al-Zubay'r falsehood. Since his friend Talhah was killed by Marwan ibn al-Hakam, they selected Ibn Jarmooz to assassinate alZubayr in order to be able to provide their own interpretation of the fate of Talhah and al-Zubayr so that they may not deprive them of entering Paradise, especially since Paradise is one of their possessions: they permit into it whoever they like and prohibit whoever they wish. Suffices us to prove the fallacy of their tale what is stated in Imam Ali's letter where he invited them to renounce the war: "Now the greatest of your affair is shame..., before shame is combined with the fire of hell." Nobody narrates saying that they responded to his invitation, or submitted to his order, or even answered his letter. Add to this the fact that before the war had started, the Imam invited them to accept the arbitration of the Book of Allah, as we indicated above, but they refused and even killed the young messenger who had carried the Qur'an to them. It was then that Ali made fighting them permissible. You may read some ludicrous accounts of historians which tell you that some of them are not familiar with the truth, nor do they comprehend it. One account says that when al-Zubayr came to know that Ammar ibn Yasir came in the company of Ali ibn Abu Talib, he said, "Oh! May my nose be cut off! May my spine be split!" Then he snatched a weapon which shook in his hand. Having seen all of this, one of his companions said, "May my mother lose me! Is this the same al-Zubayr with whom I wanted to die or live?! By the One Who holds my life, whatever afflicted this man must be something which he had seen or heard from the Messenger of Allah!"[171] By fabricating such stories, they intend to claim that al-Zubayr remembered the Prophet's hadith saying, "Ammar shall be killed by the oppressive gang," so he became afraid, and he was shaken for fear of being among such gangsters! Those who despise our power of reason wish to ridicule us, but we have sound minds, praise to Allah, and what they tell us is unacceptable. How can al-Zubayr become afraid and shake upon remembering the tradition saying, "Ammar shall be killed by the oppressive gang," and not fear nor shake on account of numerous statements made by the Prophet in praise of Ali ibn Abu Talib ? Was Ammar according to al-Zubayr better and greater than Ali?! Did not al-Zubayr hear these traditions: -- "O Ali! Nobody loves you except a true believer, and nobody hates you except a hypocrite." -- "Ali is with the truth, and the truth is with Ali, revolving with him wherever he revolves." -- "To whomsoever I have been the master, this Ali is his master; O Allah! Befriend whoever befriends him, and be the enemy of whoever antagonizes him! Support whoever supports him, and betray whoever betrays him." -- "O Ali! I fight whoever fights you and am peaceful unto whoever seeks peace with you." -- "I shall give the standard tomorrow to a man who loves Allah and His Messenger and who is loved by Allah and His Messenger." -- "I fight them with regard to the revelation of the Qur'an, whereas you (Ali) will fight them with regard to its interpretation." -- "O Ali! I promise you that you will fight the renegades, the unjust, and the apostates." ... in addition to many, many such traditions? The last of such traditions is a statement made by the Prophet to al-Zubayr himself: "You will fight him (Ali) while you yourself will be the unjust one." Where does al-Zubayr stand with regard to these facts which are know to people, those directly concerned as well as the outsiders, the son of the Prophet's aunt, and the son of Ali's aunt, that he is?! Blockheads which could not confront historical events and the facts they contain in vain try, with all their might and means, to find some feeble pretexts in order to mislead the people and deceive them into believing that Talhah and al-Zubayr are among the residents of Paradise. Such are their hopes. Say: Bring your proof, if you are truthful. (Holy Qur'an, 2:111) Those who disbelieve in Our Signs, haughtily rejecting them, the gates of the heaves shall not be opened for them, nor shall they enter Paradise till the camel passes through the needle's hole, and thus do We reward the criminals. (Holy Qur'an, 7:40) 6. Sa`d ibn Abu Waqqas He, too, is one of the most distinguished companions of the Prophet and among the foremost to embrace Islam. He was one of the earliest to migrate with the Prophet to Medina. He was among those who participated in the Battle of Badr. He was one of the six men recommended by Umar ibn al-Khattab to be caliphs, and one of the ten men who, as "Ahl al-Sunnah wal Jama`a" claim, received the glad tidings of going to Paradise. He is also the hero of the Battle of al-Qadisiyya which took place during the caliphate of Umar ibn al-Khattab. It is said that some sahaba cast doubts about and questioned his descent, thus hurting his feelings, yet they narrate saying that the Prophet confirmed his descent, tracing it to Banu Zuhra. In his book Al-Imama wal-Siyasa, Ibn Qutaybah transmits saying that following the demise of the Prophet, Banu Zuhra gathered to meet with Sa`d ibn Abu Waqqas and Abd al-Rahman ibn Awf at the sacred mosque (Masjid al-Nabi). When Abu Bakr and Abu Ubaydah came to them, Umar said to them, "Why do I see you thus forming circles? Stand up and swear the oath of allegiance to Abu Bakr, for I and the Ansar have already done so." Sa`d and Abd al-Rahman ibn Awf, as well as all those who were then present with them from Banu Zuhra, stood and swore.[172] It is narrated that Umar ibn al-Khattab deposed him from his post as governor, but he recommended the caliph who would succeed him to reinstall him, since he had not deposed him due to any treachery. Uthman ibn Affan, therefore, carried out Umar's recommendation and appointed him as governor of Kufa. It is noteworthy that Sa`d ibn Abu Waqqas did not leave a huge wealth behind him compared to his friends. His legacy, as narrators tell us, amounted to three hundred thousand dinars. Also, he neither participated nor encouraged the assassination of Uthman as did Talhah and al-Zubayr. Ibn Qutaybah, in his history book (quoted above), narrates saying that Amr ibn al-As wrote Sa`d ibn Abu Waqqas asking him about who had killed Uthman. In his answer, Sa`d wrote saying, You asked me about who killed Uthman. I am telling you that he was killed by a sword unsheathed by Ayesha, polished by Talhah, and poisoned by Abu Tali's son. Al-Zubayr remained silent and made a hand signal, whereas we did nothing. Had we willed, we would have defended him, but Uthman made many changes, and he himself changed, doing good and bad things. If what we did was good, then that was good indeed, but if what we did was wrong, we seek Allah's forgiveness. I also am telling you that al-Zubayr is subdued by the overwhelming number of his kinsfolk, and by his sin. Had Talhah wished to rend his stomach, due to his love for authority, he would have rent it.[173] But what is strange in as far as Sa`d ibn Abu Waqqas is concerned is that he did not swear the oath of allegiance to the Commander of the Faithful Ali, nor did he support him while he knew the Imam fully well and realized his merits. He himself narrated several of Ali's merits which both Imam al-Nasa'i and Imam Muslim record in their respective Sahih books. Here are a couple of examples: Sa`d has said, "I heard the Messenger of Allah stating three of Ali's merits; had I had one of them, it would have been better for me than red camels. I heard him saying, `He (Ali) to me is like Aaron to Moses except there will be no prophet after me.' And I heard him saying, `I shall give the standard tomorrow to a man who loves Allah and His Messenger and who is loved by Allah and His Messenger.' And I heard him saying, `O people! Who is your master?' They thrice said that Allah and His Messenger were their master, whereupon he took Ali's hand, made him stand up, then said, `Whoever has accepted Allah and His Messenger as his master, this Ali is his master; O Allah! Befriend whoever befriends him, and be the enemy of whoever antagonizes him.'"[174] In Muslim's Sahih, Sa`d ibn Abu Waqqas is quoted as having said, "I heard the Messenger of Allah saying to Ali, `Are you not pleased to be to me what Aaron used to be to Moses, except there will be no prophet after me?' During the Battle of Khaybar, I heard him saying, `I shall give the standard tomorrow to a man who loves Allah and His Messenger and who is loved by Allah and His Messenger,' so we were very anxious and hopeful about it. He said, `Bring Ali here.' And when the verse saying `... say: Come: let us call our sons and your sons, and our women and your women, and our near people and your near people, then let us be earnest in prayer and pray for the curse of Allah on the liars (Holy Qur'an, 3:61),' the Messenger of Allah brought Ali, Fatima, Hasan and Husayn and said, `O Allah! These are my Ahl al-Bayt'."[175] How could Sa`d ibn Abu Waqqas know all these facts yet refuse to swear the oath of allegiance to Ali ? How could Sa`d hear the Messenger of Allah saying, "Whoever has accepted Allah and His Messenger to be his master, this Ali is his master; O Allah! Befriend whoever befriends him, and be the enemy of whoever antagonizes him," which he himself narrates, then refuse to accept his mastership or to support him? How could Sa`d have been ignorant of the hadith of the Messenger of Allah in which he said, "One who dies without having sworn the oath of allegiance dies the death of jahiliyya," a tradition which was narrated by Abdullah ibn Umar, so Sa`d would die the death of jahiliyya on account of his reluctance to swear the oath of allegiance to the Commander of the Faithful, the master of all wasis, the leader of the peerless men of virtue? Historians indicate that Sa`d came to Imam Ali to apologize and said, "O Commander of the Faithful! There is no doubt in my mind that you are the most worthy among people of the caliphate, and that you are the custodian of the creed as well as of worldly affairs, but some people will dispute with you in this regard; so, if you desire my oath of allegiance, give me a sword whose tongue tells me to take this and leave that." Ali said to him, "Have you seen anyone who has contradicted the Qur'an in word or in deed [because of swearing the oath of allegiance to me]? The Muhajirun and the Ansar have sworn the oath of allegiance to me on the condition that I deal with them according to the Book of Allah and the Sunnah of His Prophet; so, if you yourself wish, you may swear; otherwise, you may stay at home, for I am not going to force you to do it."[176] Is not such a stand by Sa`d ibn Abu Waqqas odd?! While he testifies that no doubts entertain him about Ali, that he is the most worthy person of being the caliph, that he is the custodian over religious as well secular affairs, yet despite all of that he demands a sword with a tongue as a condition for swearing the oath of allegiance so that he would thus be able to distinguish truth from falsehood?! Is this not a contradiction rejected by rational people? Is this not demanding the impossible, a demand put forth by a haughty person who had already come to know the truth from the bearer of the message embedded in traditions five of which he himself used to narrate?! Was not Sa`d present when Abu Bakr, Umar, and Uthman received the oath of allegiance, an occasion from which anyone who lagged behind was killed for fear of dissension? Yet Sa`d did swear the oath of allegiance to Uthman, unconditionally giving his support to him. He also heard Abd al-Rahman ibn Awf threatening Ali with a sword which he raised over his head, saying, "So do not harm your own self, for it will then be the sword and nothing else." He was also present when Ali refused to swear the oath of allegiance to Abu Bakr, invoking a threat against him by Umar ibn al-Khattab who then said to him, "Swear...; otherwise, by Allah Who is the One and Only God, we shall strike your neck with the sword."[177] Did anything embolden those who did not swear the oath of allegiance to Ali, and who dared to behave arrogantly towards the successor of the Prophet such as Umar, Usamah ibn Zayd, and Muhammad ibn Maslamah, other than the reluctance of Sa`d ibn Abu Waqqas to swear it? You can easily notice how the five men who were appointed by Umar ibn alKhattab to compete with Ali in becoming caliphs played the exact role outlined for them by Umar ibn al-Khattab, namely prohibiting Ali from becoming caliph. Abd al-Rahman, for example, chose his son-in-law Uthman and threatened to kill Ali if he refused to swear the oath of allegiance to him. This is all due to the fact that Umar gave Abd al-Rahman the upper hand over the rest. After the death of Abd alRahman ibn Awf and the assassination of Uthman ibn Affan, the only remaining contenders for Ali's caliphate were three: Talhah, al-Zubayr, and Sa`d. When these men saw that al-Muhajirun and the Ansar rushed to Imam Ali and swore the oath of allegiance to him and did not pay attention to anyone among them, they then entertained evil thoughts against him and sought to kill him. Talhah and al-Zubayr fought him, whereas Sa`d betrayed him. Do not forget that Uthman ibn Affan did not die before creating a new contender for Ali who was more dangerous than all of them, more cunning and more shrewd, one whose party was larger in number and better in equipment: Uthman paved the way for him to take control over the caliphate by adding to his authority, which lasted for twenty years, the most important states from which two-thirds the entire revenue for the Islamic government came; this contender was Mu`awiyah who had no creed, nor ethics, nor concern except reaching the caliphate at any price, and by any means whatsoever. Despite all of this, Commander of the Faithful Ali did not force people to swear the oath of allegiance to him as was done by the caliphs who preceded him. Rather, he upheld, peace of Allah be upon him, the injunctions of the Qur'an and the Sunnah, neither altering nor substituting anything for them in the least. Have you noticed how he said to Sa`d, "The Muhajirun and the Ansar have sworn the oath of allegiance to me on the condition that I deal with them in accordance to the Book of Allah and the Sunnah of His Prophet; so, if you yourself wish, you may swear; otherwise, you may stay at home, for I am not going to force you to do it"? Congratulations to you, O son of Abu Talib, O you who revived the Qur'an and the Sunnah after being laid to rest by others before you! Here is the Book of Allah calling: Those who swear the allegiance to you swear it to Allah; the hand of Allah is above theirs; so whoever reneges (from his faith), he reneges to the detriment of his own soul, and whoever fulfills the promise which he made to Allah, He shall grant him a great reward. (Holy Qur'an, 48: 10) ... will you then force people to believe? (Holy Qur'an, 10:99) There is no compulsion in the religion, nor is there any Islamic provision for forcing anyone to swear the oath of allegiance to anyone, nor did Allah ever order His Prophet to fight people to force them to swear the oath of allegiance to him. Such is the Sunnah of the Prophet and his honorable conduct: It tells us that he never forced anyone to pay him homage. But the caliphs and the sahaba were the ones who established such an innovation, threatening people to kill them if they refused to swear the oath of allegiance to them. Fatima herself was threatened to be burned if those at her house, who did not swear the oath of allegiance [to Abu Bakr], refused to come out to swear it. Ali himself, the man whom the Messenger of Allah appointed as the caliph, was threatened to be killed. They swore by Allah to kill him if he refused to swear the oath of allegiance to Abu Bakr. If such is the case, do not ask about the condition of the other sahaba who were deemed weak in their eyes such as Ammar, Salman, Bilal, and others. What is important is that Sa`d ibn Abu Waqqas refused to swear the oath of allegiance to, or to curse, him when Mu`awiyah ordered him, according to Muslim's Sahih. But this is not enough, nor does it secure Paradise for him, since the sect of the Mu`tazilites which he founded under the banner of "I am neither with you nor against you" is neither accepted in, nor endorsed by, Islam. This is so due to the fact that Islam says that there is nothing beyond the truth except falsehood. It is so because the Book of Allah and the Sunnah of His Messenger outlined the characteristics of dissension, forewarned of it, and put limits for it so that those who perish do so according to a clear proof, and those saved are saved according to a clear proof. The Messenger of Allah had clarified everything when he said with reference to Ali, "O Allah! Befriend whoever befriends him, and be the enemy of whoever antagonizes him! Support whoever supports him, and betray whoever betrays him! And make right revolve with him wherever he revolves!" Imam Ali had clarified the motives which prohibited Sa`d from siding with him when he said in his shaqshaqi sermon, "... so a man among them listened to his hidden grudge." Commenting on the above statement, Shaykh Muhammad Abdoh says, Sa`d ibn Abu Waqqas used to conceal something against Ali, may Allah glorify his countenance, something which originated from his uncles on the mother's side: his mother is Hamna daughter of Sufyan ibn Umayyah ibn Abd Shams, and Ali's killing of their most courageous men is a well known fact.[178] Deeply rooted grudge and envy blinded Sa`d, so much so that he could not see Ali's virtues as he could those of Ali's opponents. It is stated that when Uthman installed him governor of Kufa, he delivered a sermon in which he said, "Obey the best of all people: Uthman, the commander of the faithful." Sa`d ibn Abu Waqqas was inclined towards Uthman during the latter's lifetime and even after his assassination. Thus do we understand the reason why he accused Ali of participating in the assassination of Uthman when he wrote Amr ibn al-As saying, "Uthman was killed by a sword unsheathed by Ayesha, poisoned by the son of Abu Talib..., etc." It is a false accusation to whose falsehood history testifies. In fact, nobody offered more counsel nor more solace to Uthman during his calamity than Ali, if only his views were heeded. What we deduct from Sa`d's languid stands is exactly what the Imam had described: he was a spiteful person. Despite his knowledge of Ali's right, grudge and spite stood between him and the truth, so much so that he remained puzzled, confused, torn by a conscience that rebuked him and stirred in him the torch of conviction and a sick mentality crippled by the customs of the days of ignorance. Sa`d listened to the voice of his grudge, and his evil self subdued his conscience, dragging it down, holding him from supporting the right course. What proves the above is the testimony given by many historians who recorded his puzzling stands. Ibn Kathir, for example, says the following in his book of history, Sa`d came once to visit Mu`awiyah ibn Abu Sufyan. Mu`awiyah asked him, "Why didn't you fight Ali?" Sa`d said, "A dark storm passed by me, so I alighted from my camel till it was over. Having come to know the way, I carried on." Mu`awiyah said, "The Book of Allah does not tell you to alight; rather, Allah has said, `If two groups from the believers fight one another, you should make peace between them, but if one of them oppresses the other, you should fight the one that oppresses till it returns to obeying the commands of Allah' (Surat al-Hujurat, 9). By Allah! You did not side with the oppressive party against the oppressed one, nor were you with the just one against the unjust." Sa`d said, "I would not fight a man to whom the Messenger of Allah said, `You are to me like Aaron to Moses, except there will be no prophet after me.'" Mu`awiyah asked him, "Who else besides you heard it?" He said, "So-and-so..., and Ummu Salamah, too," whereupon Mu`awiyah stood up, went to Ummu Salamah and asked her about it. She repeated the samehadith quoted by Sa`d. Mu`awiyah then said, "Had I heard this hadith before today, I wold have become a servant of Ali till the death of either one of us."[179] Al-Mas`udi has transmitted in his Tarikh a conversation like this one between Mu`awiyah and Sa`d ibn Abu Waqqas, adding that Mu`awiyah said to Sa`d after what happened following the status hadith, "Now I regard none as more mean than you; why did you not support him? Why did you hesitate to swear the oath of allegiance to him? Had I heard the Prophet say the like of what I heard you quoting him, I would have spent the rest of my life as a servant of Ali."[180] What Sa`d ibn Abu Waqqas narrated to Mu`awiyah with regard to Ali's virtues is one of hundreds of such ahadith which carry the same theme and aim at the same goal: Ali ibn Abu Talib is the only individual who represented the Islamic message after the demise of the Messenger of Allah, and none can do so besides him. Since the matter is as such, all righteous Muslims ought to serve him as long as they live. Mu`awiyah's statement in which he said that had he heard that tradition, he would have served Ali as long as he lived is a privilege of which every believing man and woman prides himself/herself. But Mu`awiyah did not say so except out of his desire to ridicule and slight Sa`d ibn Abu Waqqas in order to charge him with meanness and to insult him simply because he had refused to curse Ali and condemn him, thus going against Mu`awiyah's wish; otherwise, Mu`awiyah knows more than one status hadith in praise of Ali ibn Abu Talib. He also knows that he was the most meritorious person after the Messenger, and this is exactly what he admitted in a letter he sent to Muhammad ibn Abu Bakr which we will mention later, Insha-Allah. Did that stop Mu`awiyah from cursing and condemning the Commander of the Faithful after having come to know thathadith from Sa`d ibn Abu Waqqas and verified its authenticity with Ummu Salamah whom he asked about it? No, indeed; rather, he went to extremes in his misguidance and was overcome with insistence on being wrong to the extent that he started cursing Ali and all his Ahl al-Bayt and forced people to do likewise till the youngsters grew up doing the same, and the youth grew old doing likewise, for eighty years or more. But whoever disputes with you in this matter after what has come to you of the knowledge, say: Come: let us call our sons and your sons, and our women and your women, and our near people and your near people, then let us be earnest in prayer and pray for the curse of Allah on the liars (Holy Qur'an, 3:61) 7. Abd al-Rahman ibn Awf His name during the period of jahiliyya used to be Abd Amr, so the Prophet renamed him "Abd al-Rahman." He belonged to Banu Zuhra, and he was a cousin of Sa`d ibn Abu Waqqas. He was one of the most prominent sahaba and among the first to migrate with the Prophet to Medina. He was in the company of the Prophet during all his battles. He was one of the six persons recommended by Umar ibn al-Khattab to be caliphs; rather, the latter gave him the upper hand over the rest, saying, "If you dispute among yourselves, be in the party where Abd al-Rahman ibn Awf is." He, as "Ahl al-Sunnah wal Jama`a" believe, is also one of those who received the glad tiding of going to Paradise. Abd al-Rahman ibn Awf, as is well known, is one of the leading businessmen of Quraysh, a man who left behind him a huge wealth which, according to historians, included one thousand camels, one hundred horses, ten thousand she-camels, and arable lands growing twenty different types of crops. The inheritance of each one of his four wives amounted to eighty-four thousand dinars.[181] Abd al-Rahman ibn Awf was the brother-in-law of Uthman ibn Affan: he married Ummu Kulthoom daughter of Uqbah ibn Abu Mu`eet, Uthman's half sister (his sister from the mother's side). We have come to know from reviewing history books that he played a significant role in keeping Ali away from the post of caliph when he introduced his condition of following in the footsteps of caliphs Abu Bakr and Umar, knowing beforehand that Ali would never accept such a condition simply because the "Sunnah" of both of these men contradicted the Book of Allah and the pristine Sunnah of the Prophet. This alone suffices us as a proof testifying to the fanaticism of Abd alRahman ibn Awf in upholding the bid`as of the days of ignorance, to his being distant from Muhammad's Sunnah, and to his practically participating in a great plot to eradicate the Progeny of the Prophet in order to keep the caliphate as Quraysh's sole property to fare with as it pleased. In his "Book of Ahkam" in his Sahih, al-Bukhari has a chapter dealing with how an Imam receives people's oath of allegiance. In it, he quotes al-Masoor saying, Abd al-Rahman knocked at my house door in the heart of the night and kept knocking till I woke up. He said to me, "I see you are sleeping! By Allah! My eyes have not enjoyed much sleep tonight; so, go and invite al-Zubayr and Sa`d [ibn Abu Waqqas] to come here." So I brought them in, whereupon he consulted with them for a while then called me to come close to him and told me to invite Ali whom I accordingly invited to meet with us. He remained talking to him till most of the night had passed. Then Ali stood up to leave, feeling hopeful, and Abd al-Rahman used to always be apprehensive of Ali. Then he told me to invite Uthman [ibn Affan] whom I accordingly invited. He kept consulting with him till the call to prayers forced them to part from one another to perform the fajrprayers. When people prayed the fajr prayers, and as these same men assembled near the pulpit, he sent for those of the Muhajirun and Ansar who were then in town. Then he sent for the military commanders who were present that year with Umar. Once they all assembled, Abd al-Rahman pronounced the shahadathen said, "O Ali! I have looked in the people's matter and I found them equalling none with Uthman; so, do not bring about your own harm." Then he addressed Uthman thus, "I swear the oath of allegiance to you according to the Sunnah of Allah and of His Messenger and of both caliphs after him." Abd al-Rahman swore the oath of allegiance to him, then the Muhajirun and the Ansar did so followed by military commanders and the rest of Muslims.[182] The researcher can easily understand from this narration recorded by al-Bukhari the fact that the plot was planned during the night, and he can appreciate the shrewdness of Abd al-Rahman ibn Awf, and the fact that Umar did not hand pick him at random. Reflect on the statement of the narrator, al-Masoor, saying, "... told me to invite Ali whom I accordingly invited to meet with us. He remained talking to him till most of the night had passed. Then Ali stood up to leave, feeling hopeful," that is, Ali felt optimistic about becoming the next caliph. This proves to us that Abd alRahman ibn Awf is the one who made Ali hopeful with regard to becoming caliph so that he might not boycott this fakeshura and be the cause of the nation falling again in dissension as happened at the saqeefa following the inauguration of Abu Bakr as the caliph. What confirms the accuracy of this probability is the narrator's statement: "... and Abd al-Rahman used to always be apprehensive of Ali." Accordingly, Abd al-Rahman played the role of an evasive and cunning person who gave Ali assurances of being the next caliph, and even congratulated him on it, but when the morning approached, and the commanders of the army, as well as tribal chiefs and leaders of Quraysh assembled, it was then that Abd al-Rahman reversed his tactic and surprised Ali by telling him that people did not regard anyone as equal to Uthman, and that he had either to accept his scheme or allow himself to perish; that is, that he would be killed if he refused to swear the oath of allegiance to the man of their choice, namely Uthman ibn Affan. The researcher clearly understands from reading the last paragraph of the narration how al-Masoor said, "Once they all assembled, Abd al-Rahman pronounced the shahada then said, "O Ali! I have looked in the people's matter and found them equalling none with Uthman; so, do not harm your own self." Why, then, did Abd al-Rahman direct his statement only at Ali from all those present then and there? Why did he not say something like, "O Ali, Talhah, al-Zubayr..., etc."? This is why we concluded that the plot was hatched during the night, and that the folks had from the beginning decided to select Uthman and exclude Ali. We have to underscore the fact that they all used to be apprehensive of Ali if he became caliph lest he should revert to justice and equity and revive the Sunnah of the Prophet and put to rest the bid`a of the son of al-Khattab with regard to favoring one person over another. This is particularly so in the light of the fact that Umar ibn al-Khattab had pointed out before his death to the same, warning them against Ali's danger, saying, "If they hand it [caliphate] over to the bald-headed man [meaning Ali, peace be upon him], he will surely force them to follow the tracks," meaning the Prophet's Sunnah which neither Umar nor the general body of Quraysh liked. Had they liked the Sunnah of the Prophet, they would have selected Ali instead, and he would certainly have forced them to follow the right tracks. He would have brought things back to the way they used to be [during the Prophet's time], for he is the one charged with it; he is the custodian of the Sunnah... As we indicated above while discussing Talhah, al-Zubayr, and Sa`d, they planted the thorn spikes and harvested loss and remorse. Let us, therefore, take a close look at Abd al-Rahman and at the outcome of his scheming. Historians say that Abd al-Rahman suffered from his intense regret upon seeing how Uthman contradicted the path followed by both his predecessors, giving the high official posts of governors to his own relatives to whom he doled out huge sums of money. He, therefore, went once to meet with Uthman; he said to him, "I preferred you over all others[183] on the condition that you lead us on the path of Abu Bakr and Umar, but you have acted contrarily to them and sought to please your own relatives, granting them authority over the fate of the Muslims." Uthman said, "Umar used to severe his ties with his kinfolks, while I maintain them." Abd al-Rahman said, "I have vowed to Allah never to talk to you again," and he, indeed, never did till he died angry with Uthman. While he was ill prior to his death, he was visited by Uthman. He turned his face away from Uthman to face the wall, insisting on saying nothing to him.[184] Thus did Allah, Glory to Him, respond favorably to Imam Ali's supplication with regard to Abd al-Rahman just as He had responded to his supplication with regard to Talhah and al-Zubayr who were both by then killed. The Mu`tazilite author Ibn Abul-Hadid says in his book Sharh Nahjul-Balagha that Ali was very angry on account of that "shura," and he knew what Abd al-Rahman ibn Awf had schemed, so he said to him: By Allah! You have not done it except because you expect of him to do for you what each one of you expects his friend to do for him! May Allah wring between you both Mansham's[185] perfume.[186] What the Imam meant to say is that Abd al-Rahman hoped that Uthman would nominate him as his successor in the post of caliph just as Abu Bakr had done to Umar. Ali had also said to him, "Milk some milk in which there is a portion for you, and tie his knot today so that tomorrow he may return the favor to you." As for Mansham's perfume which Ali, peace be upon him, invokes here, it is a saying common among people who would say, "This is more ominous than Mansham's perfume," a reference to discord and infighting. Allah did, indeed, favorably respond to the Imam's supplication. Hardly a few years passed before He afflicted them with enmity. Abd al-Rahman became an opponent of his son-in-law; he did not speak to him till death. Nobody at all was permitted to perform the funeral prayers for him... This brief research clearly demonstrates to us the fact that Abd al-Rahman ibn Awf is one of the heads of Quraysh who obliterated the Prophet's Sunnah and substituted it with thebid`as of both caliphs. It also becomes clear to us that Imam Ali is the only person who sacrificed his post of caliph, as well as everything related thereto, in order to safeguard Muhammad's Sunnah which his Brother and cousin Muhammad ibn Abdullah, peace and blessings of Allah be upon him and his good and pure Progeny, had introduced. You have, dear reader, no doubt come to know "Ahl al-Sunnah wal Jama`a" as they really are. You have personally come to know who the adherents to the Sunnah are. A believer is noble and is never bitten twice from the same hole. 8. Ayesha daughter of Abu Bakr "Mother of the Faithful" She is wife of the Prophet and the mother of the faithful. The Prophet married her in the second or third year after the Hijra and, according to the most famous accounts, she was eighteen years old when the Prophet died. Allah prohibited the believers to marry the Prophet's wives after his demise; He says, "It does not behove you to hurt [the feelings of] the Messenger of Allah, nor should you marry his wives after him at all; this surely is grievous in the sight of Allah. (Holy Qur'an, 33:53), and also, "The Prophet has a greater authority over the faithful than they have over their own selves, and his wives are (like) their mothers" (Holy Qur'an, 33:6). We have already pointed out to the fact that the Prophet was annoyed when he heard that Talhah had said, "When Muhammad dies, I shall marry my cousin Ayesha." Allah, Glory to Him, wanted to tell the faithful that they were prohibited from marrying the Prophet's wives just as they are prohibited from marrying their own mothers. Ayesha did not bear any children. She was one of the greatest personalities known to Muslims, for she played a major role in bringing certain people closer to the post of caliph while distancing others therefrom. She endorsed some people while ignoring others. She participated in the wars, leading the battles and the men in war, sending letters to the heads of tribes, ordering them to do or not to do, appointing or deposing military leaders. She led the Battle of the Camel, and both Talhah and al-Zubayr served under her military command. We do not wish to go into detail in narrating the role she had played during her lifetime, for we have discussed her extensively in our book Ask Those Who Know; so, researchers may review it if they want to know the same. What concerns us in this research, however, is her own ijtihad, her altering the Sunnah of the Prophet. A few examples have to be highlighted so that we may understand from discussing those "great" personalities of whom the people of "Ahl al-Sunnah wal Jama`a" are proud and whom they regard as their role models, preferring them over the pure Imams from the Progeny of the Prophet. This, in fact, is nothing but a tribal fanaticism which effaced the Prophet's Sunnah, buried its saline features, and put its light out. Had it not been for Ali and the Imams from his offspring, we would not have found today anything left of the Sunnah of the Prophet. We have also come to know that Ayesha did not act upon the Sunnah of the Messenger of Allah, nor did she have the least regard for it. Although she had heard numerous ahadith in praise of Ali, she denied them and acted to their contrary. She defied the command of Allah, as well as the order of His Messenger which he had directed personally to her, so she came out to lead the infamous Battle of the Camel wherein sanctities were violated and innocent people were killed. She betrayed her written pledge to Uthman ibn Haneef, and when they brought her his men tied up, she ordered them to be beheaded.[187] Leave aside the fires of war and dissension which the mother of the faithful ignited, causing the land and those on it to be burned thereby, and let us discuss her own interpretations, and the following of her own views, in as far as Allah's creed is concerned. If the view of the sahabi is taken for granted and his statement is held as an argument, what would you say about one from whom half the creed is supposedly derived?! Al-Bukhari in his Sahih, in a chapter on praying qasr prayers, al-Zuhri quotes Urwah quoting Ayesha, may Allah be pleased with her, saying, "The first obligatory of the prayers are tworek`as, so the traveller's prayers were thus fixed, then the prayers of one who is not on a journey were to be prayed in full." Al-Zuhri said, "I asked Urwah, "Why is Ayesha then saying her prayers [while travelling] in full?" He said, "She is following the same interpretation as that made by Uthman."[188] Are you not surprised how the mother of the faithful and wife of the Prophet abandoned the Sunnah of the Messenger of Allah, which she herself had narrated and to whose authenticity she testified, just to follow the bid`a of Uthman ibn Affan, whom she was encouraging people to kill, claiming that he altered the Sunnah of the Prophet and who wore it out before his own shirt was worn out?! Yes, this is exactly what happened during Uthman's caliphate, but she changed her mind again during the reign of Mu`awiyah ibn Abu Sufyan. She urged people to kill Uthman, but once she came to know that they did kill him, and that they swore the oath of allegiance to Ali, she changed her mind and came out demanding revenge for him! We deduct from the narrative stated above is that she prayed, while travelling, the full number of rek`as, four in number, instead of two. She did so during the reign of Mu`awiyah who took pains to revive all the innovations of his cousin and benefactor Uthman ibn Affan. People follow the creed of their rulers. Ayesha was among those who reconciled with Mu`awiyah after their hostility; he is the one who had killed her brother Muhammad ibn Abu Bakr and mutilated his corpse in the worst manner. Despite all of that, mutual worldly interests bring enemies together and create brotherhood among antagonists; so, Mu`awiyah sought to please her, and she sought to please him, and he started sending her presents and huge sums of money. Historians say that when Mu`awiyah reached Medina, he went to visit Ayesha. Having sat down, she said to him, "O Mu`awiyah! Do you feel secure against my hiding someone to kill you in revenge for your killing my brother Muhammad ibn Abu Bakr?" Mu`awiyah said, "Rather, I have entered a house of security." "Did you fear Allah," she continued, "when you killed Hujr b. `Adi and his followers?" He said, "Rather, those who testified against them killed them."[189] They also narrate saying that Mu`awiyah used to send her gifts, clothes, and other encased items, and that he sent her once one hundred thousand dinars in one lump sum.[190] He also sent her once when she was in Mecca a necklace worth one hundred thousand dinars and paid all her debts which amounted to eighteen thousand dinars in addition to whatever she used to give to others.[191] In my book titled Ask Those Who Know, I indicated that in one single day, she set free forty-one slaves as atonement for breaking her oath.[192] Rulers and governors belonging to Banu Umayyah used also to seek her pleasure and send her presents and money.[193] Remember that Abu Bakr is the one who shared the authority with Mu`awiyah whom he appointed as wali of Syria after the death of his brother, and Mu`awiyah used to always appreciate Abu Bakr's favors on him; without Abu Bakr, Mu`awiyah would never have even dreamed of becoming caliph. Mu`awiyah, moreover, used to meet with the group when they were plotting their great plot to obliterate the Sunnah and annihilate the Progeny of the Prophet. There was no enmity between Mu`awiyah and Ayesha. Even her asking him, "Do you feel secure against my hiding someone to kill you in revenge for your killing my brother Muhammad ibn Abu Bakr?" was no more than teasing him; she never loved the son of the woman from the tribe of Khath`am, namely Muhammad ibn Abu Bakr, who fought her after having sided with Ali and who regarded killing her as halal. She also shares Mu`awiyah's hatred towards "Abu Turab" to the extreme limit and with more animosity than anyone can imagine. In all of this, I do not know which one of them earned higher marks: Was it not he who fought, cursed, and condemned him [Imam Ali] and put out his light for good? Or was it she who worked hard to exclude him from the caliphate, fought him and tried her best to obliterate his name from existence and went out riding a mule urging Banu Umayyah to fight him, seeking their assistance against Banu Hashim saying, "Do not permit anyone I do not like to enter my house"? She even tried to wage another war, so much so that some of her relatives asked her, "Is not sufficient [shame] for us what you did on the `Day of the red Camel' so that people may have another `Day of the Gray Mule'?!" She undoubtedly was contemporary to an extended period of Banu Umayyah's reign and had heard them cursing Ali and Ahl al-Bayt from the pulpits without expressing her resentment of it, nor did she prohibit it; she may even have indirectly encouraged it. Imam Ahmad ibn Hanbal, for example, writes the following in his Musnad: A man came to Ayesha and spoke ill of both of Ali ibn Abu Talib and Ammar ibn Yasir. Ayesha said, "As for Ammar, I have heard the Prophet saying that whenever he [Ammar] had to opt between one of two matters, he always opted for the most rational one."[194] We are not surprised, then, to see Ayesha laying the Sunnah of the Prophet to rest while reviving Uthman's bid`a with regard to praying the full number of rek`as while on a journey in order to please Mu`awiyah and other Umayyad rulers who followed her wherever she went, glorifying her and deriving their creed from her. It becomes clear to us that "Ahl al-Sunnah wal Jama`a" worship Allah in the light of texts which Allah never revealed, without thoroughly examining or verifying them. Had they verified suchbid`as, they would surely have found them repugnant, and they would have willingly abandoned them. This is what I personally experienced with some open-minded Sunni scholars. When they came across the tradition relevant to grown-ups suckling, they were very surprised and dumbfounded, and they assured me that they had never heard it before. This is a common phenomenon among "Ahl al-Sunnah wal Jama`a." A great number of ahadith which the Shi`as cite to argue with them are recorded in Sunni Sahihs while the Sunnis are unaware of them and regard anyone who narrates them as an apostate. Allah sets forth an example to those who disbelieve: the wife of Noah and the wife of Lot; they were under two of Our righteous servants, but they betrayed them, so they (their husbands) could not protect them against Allah in the least, and it was said to them: Enter both into the fire with those who enter. (Holy Qur'an, 66:10) 9. Khalid ibn al-Waleed Khalid ibn al-Waleed ibn al-Mugheerah belonged to Banu Makhzum, and he is given by "Ahl al-Sunnah wal Jama`a" the title of "The Sword of Allah." His father was one of the wealthiest men whose wealth was immeasurable. Abbas Mahmud al-Aqqad says, "He was the wealthiest man alive according to their commonly known wealth criteria: gold, silver, orchards, vineyards, merchandise, real estate, servants, concubines, slaves, etc. This is why he was called the peerless."[195] His father is none other than al-Waleed ibn al-Mugheerah who was forewarned of being burned in the fire of hell and of a very mean resort by the Holy Qur'an in the following verses: Leave Me and him whom I created alone and gave him vast riches, and sons dwelling in his presence, and I adjusted his affairs for him most appropriately, yet he desires that I should add even more! By no means! Surely he opposes Our Signs. I will make a distressing punishment overtake him. Surely he reflected and guessed, but may he be cursed how he guessed! Again may he be cursed how he guessed; then he looked, then he frowned and scowled, then he turned back and was big with pride, then he said: This is naught but an enchantment narrated (by others); this is naught but the word of a mortal. I will cast him into hell. And what will make you realize what hell is? It leaves naught nor does it spare aught. It scorches the mortal. Over it are nineteen. (Holy Qur'an, 74:11-30) It is said that al-Waleed came to see the Prophet once to lure him with wealth so that he might abandon the religion he was preaching, whereupon Allah revealed these verses in that regard: And do not yield to any mean one who swears, defames, going about with slander, forbidding goodness, out-stepping the limits, sinful, ignoble, (and) besides all that, base-born, (only) because he possesses wealth and sons. When Our Signs are recited to him, he says: Tales of those of yore. We shall brand him on the nose... (Holy Qur'an, 68: 10-16) Al-Waleed thought that he deserved to be prophet more than Muhammad; he used to say, "Should the Qur'an and Prophethood be revealed unto Muhammad the indigent while I, the master of and the greatest among Quraysh, be left out?" On such a doctrine did Khalid ibn al-Waleed grow up bearing animosity towards Islam and the Prophet of Islam who ridiculed his father's dreams and undermined his power base. Khalid, therefore, participated in all the wars waged against the Messenger of Allah. Khalid undoubtedly used to share his father's belief that the latter was more worthy of Prophethood than Muhammad, the indigent orphan. Since Khalid, like his father, was one of the most prominent figures in Quraysh, if not the very most prominent one, he felt he should have had the lion's share of the Qur'an and prophethood had they only been his father's lot, and he would have inherited prophethood and authority just as Solomon had inherited David. It is to refer to such belief that Allah, Glory to Him, says, When the truth came to them, they said: This is sorcery, and in it are we disbelievers. And they said: Why was this Qur'an not revealed to a man of importance in both towns? (Holy Qur'an, 43:30-31) No wonder, then, to see how he tried all he could to put an end to Muhammad and his mission. We find him raising a huge army financed from his wealth during the Battle of Uhud, lying in ambush for the Prophet in an attempt to put an end to him. During the year of the Hudaybiya treaty, he also tried to assassinate the Prophet, but Allah, Glory to Him, foiled all his schemes, rendering them a failure, while supporting His Prophet on all occasions. When Khalid came to know, as did other prominent members of Quraysh, that the Messenger of Allah was invincible, seeing how people were accepting the religion of Allah in large numbers, it was then that he surrendered to reality while suppressing his sighs. His acceptance of Islam, therefore, came as late as the eighth year after the Hijra, only four months before the conquest of Mecca. Khalid inaugurated his acceptance of Islam by behaving contrarily to the orders issued by the Messenger of Allah not to kill anyone. Khalid entered Mecca on the conquest day after having killed more than thirty men who belonged mostly to Quraysh although the Prophet had clearly instructed them not to kill anyone. No matter how many excuses some people may find for Khalid by saying, for example, that he was banned from entering Mecca, and that they faced him with their weapons, he was not justified in killing anyone after having been prohibited by the Prophet from doing so; he could have gone to another gate to enter the city without a fight as others did, or to send a message to the Prophet seeking his advice with regard to those who were prohibiting him from entering. But none of that happened. Rather, Khalid followed his own opinion, challenging what he had clearly heard from the Messenger of Allah. Since we are talking about those who follow their own opinions at the expense of contradicting the available text, something which gained many supporters and enthusiasts, or say it acquired a school of its own from which many great sahabaand legislators graduated, a school which was later called the school of the caliphs, we cannot avoid pointing out here to the fact that ijtihad in such sense is nothing other than disobedience to Allah and His Messenger. We have become accustomed to seeing references made to ijtihad versus the available texts, so much so that it appears as though it is perfectly legitimate. In fact, we have to say that Khalid disobeyed the Prophet's order instead of saying that he followed his own view in the face of an existing text. This is what the Qur'an teaches us to do; Allah says, "Adam disobeyed his Lord, so his life became evil to him.... (Holy Qur'an, 20:121). This is so because Allah had prohibited him from eating of the forbidden tree. Since Adam did eat of it, we must not say: "Adam followed his own ijtihadas opposed to the available text." Each and every Muslim has to keep himself at his limit rather than transgress and voice his own view in an issue regarding which an order permitting or prohibiting it had already been issued by Allah or His Messenger, for that will be obvious apostasy. Allah said to the angels, "Prostrate to Adam." This is an order. "So they prostrated" (Holy Qur'an, 20:116); this is a positive response, an act of submission, an expression of obedience. The exception was Eblis: he followed his own view, so he said, "I am better than him; why, then, should I prostrate to him?" Here we encounter a rebellion, a mutiny, regardless of who is better than who: Adam or Eblis. This is why the most Glorified One says, "It does not behove any believing man or woman to make any choice in their matter once Allah and His Apostle have decided it, and whoever disobeys Allah and His Messenger surely strays off a manifest straying" (Holy Qur'an, 33:36). It is to this fact that Imam Ja`far al-Sadiq referred when he said once to Abu Hanifah, "Do not apply qiyas (analogy), for if it is applied to the Shari`a, it will be obliterated, and the first person to apply qiyas was Eblis when he said, `I am better than him; You created me of fire while creating him of dust'(Holy Qur'an, 7:12 and 38:76)." His statement that "... if it is applied to the Shari`a, it will be obliterated" is the best expression of the invalidity of qiyas. If people follow their own diverse views in the face of available texts, there will be no Shari`a at all. "Had the truth followed their own (low) desires, the heavens and the earth and all those therein would then have perished" (Holy Qur'an, 23:71). Having made this brief expose of the principle of ijtihad, let us see how Khalid ibn al-Waleed disobeyed the order issued by the Messenger of Allah on another occasion when he was sent by the Prophet to Banu Juthaymah to invite them to Islam. The Prophet did not order Khalid to fight anyone. Yet Khalid went there and afflicted them with treachery even after their declaration of acceptance of Islam, killing some of them in cold blood, so much so that Abd al-Rahman ibn Awf, who was an eye witness to that incident, said that Khalid had killed them only out of his desire to seek revenge for both of his uncles whom Banu Juthaymah had killed.[196] When the Messenger of Allah heard about that shameful treachery, he thrice dissociated himself before Allah from what Khalid ibn al-Waleed had done. Then he sent them Ali ibn Abu Talib bearing a great deal of wealth to them to pay their blood money, the blood spilled by Khalid. No matter how many excuses "Ahl al-Sunnah wal Jama`a" may find for Khalid ibn al-Waleed, the pages of history are full of the tragedies which he inflicted and of his violating the Book of Allah and the Sunnah of His Messenger. Suffices the researcher to read his biography and what he did in the Yamama during the time of Abu Bakr, how he betrayed Malik ibn Nuwayrah and executed his men in cold blood although they were Muslims then married Malik's wife and cohabited with her on the same night of her husband's murder, discarding Islam's Shari`a and the Arabs' principles of valor. Even Umar ibn al-Khattab, despite his being laxing in enforcing Islam's injunctions, exposed him and called him the enemy of Allah, promising to stone him to death. Researchers are obligated to review history with keen eyes and from the stand of constructive criticism which leads them to the truth without any abstraction or bias. Nor should they be overtaken by sectarian fanaticism so they evaluate the individuals basing their evaluation on fabricated ahadith of the Prophet. "Ahl alSunnah wal Jama`a," who, in fact, are Banu Umayyah, wipe out all historical events with one single tradition which they themselves fabricate in order to thus stop the researchers short of reaching the truth. How easy it is for one of them to say, "The Messenger of Allah said to Khalid ibn al-Waleed, `Welcome, O Sword of Allah!'" so this false tradition takes control of the hearts of innocent Muslims who think well of others and who do not know what others hide and what schemes the Umayyads plot. Based on this fabricated tradition, they, therefore, interpret everything said about Khalid of facts and find excuses for him. This is called the psychological effect on people, and it is the acute ailment obstructing one from reaching the truth, turning the facts upside down. Let me give you an example: Abu Talib, uncle of the Prophet is said to have died as an apostate, and that the Prophet said about him, "Abu Talib is inside a lake of fire from which his brains boil." Because of this fabricated "tradition," "Ahl al-Sunnah wal Jama`a" believe that Abu Talib is an apostate, and that he is in the fire. They, therefore, do not accept any rational analysis which leads them to the truth. Through this "tradition," the biography of Abu Talib, his struggle in defense of Islam because of which his own people became antagonistic towards him, and he towards them, so much so that he accepted to endure the boycott at Mecca's ravine for three years for the sake of his nephew, a boycott during which he had to eat leaves to survive, and his heroic stands as well as doctrinal poetry in defense of the Prophet's call..., all this is undermined. Because of it, they ignore all what the Prophet had done in praise of his uncle, how he washed his corpse and shrouded it in his own shirt and personally laid it to rest in his grave, naming the year when he lost him as `aam alhuzn, the year of grief, saying, "By Allah! Quraysh was unable to harm me except after the death of Abu Talib. Allah sent me the wahi saying: `Get out of it [Mecca], for your supporter has died,'" whereupon he migrated from Mecca instantly. Take another example: Sufyan ibn Harb, Mu`awiyah's father, is said to have accepted Islam after the conquest of Mecca, and that the Prophet said about him, "Whoever entered Abu Sufyan's house will be safe." Based on this tradition which contains no virtue whatsoever nor any merit for him, "Ahl al-Sunnah wal Jama`a" believe that Abu Sufyan became Muslim, that his acceptance of Islam was very good, and that he is in Paradise because Islam cancels his past deeds. They do not accept, beyond this, the rational analysis which enables them to reach the truth. And it is through this "hadith" that all what Abu Sufyan had done towards the Messenger and his Message is forgiven, and forgotten are all the wars which he had led and financed in order to put an end to Muhammad. And his animosity and grudge towards the Prophet is forgotten. When they came to him and said, "Accept Islam or else we should strike your neck with the sword," he said, "I testify that there is no god but Allah." They said to him, "Testify that Muhammad is the Messenger of Allah." He responded by saying, "As for this one, I have within myself something against it." Whenever he met the Prophet after having accepted Islam, he would silently say to himself, "By what did this person overcome me?" It is then that the Prophet would audibly respond to him by saying, "Through Allah have I overcome you, O father of Sufyan!" These are only two examples I have brought from our Islamic history so that the researchers may clearly observe some people's psychological effect on others, and how such an effect veils them from the truth. Thus do we come to understand that "Ahl al-Sunnah wal Jama`a" surrounded the sahaba with a halo of false traditions which provided them with immunity and sanctity in the hearts of simple-minded people who can no longer accept any criticism or blame. If a Muslim is convinced that these men had been given by the Messenger of Allah the glad tidings of going to Paradise, he will never accept any criticism of them, and everything they did will then be underestimated; he will find excuses and interpretations for them provided the door is closed in his face from the very beginning. This is why they attached for each of their chief men a title which they claimed to have been given by the Messenger of Allah: This person is "al-Siddeeq," whereas this one is "al-Farooq;" this was the beloved one of the Messenger of Allah, and those are his huris, while this particular woman is his beloved wife. This man is the "nation's trust," while that is the "narrator of Islam." This one is the "wahi's recorder," whereas this man is the one with the two sandals; this is the cupper of the Prophet, while that is "The Sword of Allah," and this is this, and that is that... All these titles, in fact, neither fatten nor satisfy when it comes to the balance of truth with Allah; "... names which you yourselves, and your fathers, named; Allah has not sent down any authority for them" (Holy Qur'an, 12:40). What counts with Allah is one's own good needs. History is the best witness of deeds through which we evaluate anyone; we do not hold in high esteem anyone about whom falsehood is uttered. This, in fact, is exactly what Imam Ali has said: "If you get to know the truth, you will get to know who follows it." Since we have studied history and come to know what Khalid ibn al-Waleed had done and come to distinguish the truth from falsehood, we cannot call him "The Sword of Allah." We have also the right to ask when the Messenger of Allah ever named him so. Did he name him Allah's sword when he killed the people of Mecca on the conquest day, having come to know that he had prohibited him from fighting anyone? Or was it when he sent him with the army commanded by Zayd ibn al-Haritha and dispatched to Mu'ta, saying, "If Zayd is killed, then Ja`far ibn Abu Talib (should take the command), and if Ja`far is killed, then Abdullah ibn Ruwahah [should lead]," without nominating him except in the fourth position to lead the army, yet after all these three men were killed, Khalid fled from the battle field accompanied by the remnant of that army...? Or did he give him that title when he accompanied him to attack Hunayn in twelve thousand warriors. There, too, he fled, leaving behind him on the battle grounds the Messenger of Allah who had no more than twelve men who stood steadfastly with him? Since Allah says, "And whoever turns his back to them that day, neither maneuvering nor supporting one company, he will then incur the wrath of Allah, and his abode will be hell, and what an evil abode it is" (Holy Qur'an, 8:16), how could he permit himself to flee? It truly is amazing! I personally think that Khalid, in the first place, never knew this title as long as the Prophet lived, nor did the Messenger of Allah ever call him so. Rather, Abu Bakr was the one who bestowed this badge of courage on him when he sent him to silence those who revolted against him and opposed his caliphate, so he did to them what he did, so much so that Umar ibn al-Khattab (because of what Khalid had done) said to Abu Bakr, "Khalid's sword is quite excessive," and he surely knew him best. It was then that Abu Bakr responded to Umar by saying, "Khalid is one of the swords of Allah which He unsheathed against His foes," which is a totally erroneous way of looking at things__hence the title. In his book Al-Riyad al-Nadira, al-Tabari indicates that Banu Saleem had reneged, whereupon Abu Bakr sent them Khalid ibn al-Waleed who gathered some of their men inside animal sheds then set them to fire. When Umar ibn al-Khattab came to know about this incident, he went to see Abu Bakr and said, "Why do you let a man employ the same method of torture employed by Allah, the Most Exalted One, the Great?" Abu Bakr answered him by saying, "By Allah! I shall not shame a sword which Allah unsheathed against His foes till He Himself shames it," then he ordered him to leave, whereupon he instantly went out to see Musaylamah.[197] This is how "Ahl al-Sunnah wal Jama`a" came to call Khalid "The Sword of Allah" even though he had disobeyed the order of the Messenger of Allah and burnt people with the fire, thus totally discarding the Sunnah. In his Sahih, al-Bukhari indicates that the Messenger of Allah had said, "Nobody employs the fire for torture except Allah," and also, "None torments with the fire except the fire's God."[198] And we have already indicated how Abu Bakr used to say before his death, "I wish I never burnt al-Salami!" We say: We wish there had been someone to ask Umar ibn al-Khattab, "Since you already knew that none torments with the fire except Allah, why did you swear after the death of the Prophet to burn the house of Fatima al-Zahra and everyone inside it if they refused to swear the oath of allegiance [to Abu Bakr]? Had Ali not surrendered and ordered everyone to go out to swear it, you would certainly have carried your threat out." Sometimes I doubt whether Umar opposed Abu Bakr and whether the latter did not heed his opposition, for this would be quite unusual. We have already seen how Abu Bakr did not stand in the face of Umar, nor did he maintain his stand in the face of his opposition. More than once did he say to him, "I had already told you that you are stronger than me in handling this matter, but you subdued me." On another occasion, when he complained to him about those whose hearts could be won towards Islam and what Umar did to the covenant which he had written for them, how he spitted on it and tore it to pieces, he was asked, "Are you the caliph or is it Umar?" He answered by saying, "He, Allah willing, is." For this reason, I say that the one who opposed Khalid's ugly deeds may have been none other than Ali ibn Abu Talib, but the early historians and narrators used to quite often avoid mentioning his name, so they substituted it with that of Umar as testified by several narrations traced back to "Zaynab's father"[199] or to "a man," meaning thereby Ali but not openly revealing his name. Actually, this is not a mere probability, or we may accept what is stated by some historians who write saying that Umar ibn al-Khattab used to hate Khalid and could not stand looking at him in the face because he was jealous of him: Khalid had won people's hearts because of his victories. It is also said that Khalid had wrestled with Umar during the days of jahiliyya, winning the match and breaking Umar's leg. What is important is that once he became caliph, Umar deposed Khalid but did not carry out his threat of stoning him as he had threatened. The result: Khalid and Umar ibn al-Khattab vied with one another in their toughness and arrogance; each one of them was stone-hearted, and each deliberately violated the Prophet's Sunnah and disobeyed the Prophet during his life and after his death. Moreover, both hated the Prophet's wasi and tried very hard to distance him from public life. Khalid plotted with both Umar and Abu Bakr to assassinate Ali shortly after the death of the Prophet[200] but Allah, Glorified and Exalted is He, saved him from their mischief so that he might carry out something which He had decreed. Once again it becomes clear to us, having briefly studied the personality of Khalid ibn al-Waleed whose praise is sung by "Ahl al-Sunnah wal Jama`a," that the latter are quite distant from the Prophet's Sunnah, and that they emulate those who acted to its contrary and abandoned it behind their backs and had no respect at all for it nor for the Book of Allah. 10. Abu Hurayra al-Dawsi One of the sahaba of the latter period of Islam's dawn and, according to the sequence employed by Ibn Sa`d in hisTabaqat, Abu Hurayra ranks in the ninth or tenth class. He came to the Messenger of Allah near the end of the seventh Hijri year. Hence, historians say that he accompanied the Prophet no more than three years[201] according to the best estimates, while other historians say it was no more than two years if we take into consideration the fact that the Prophet sent him to accompany Ibn al-Hadrami to Bahrain, then the Messenger of Allah died while he was still in Bahrain. Abu Hurayra was not known for his jihad or valor, nor was he among those who were regarded as brilliant thinkers, nor among the jurists who knew the Qur'an by heart, nor did he even know how to read and write. He came to the Messenger of Allah in order to satisfy his hunger as he himself said, and as the Prophet came to understand from him, so he lodged him among the people of the Saffa to whom the Prophet used to send some food. Yet he became famous for the abundance of ahadith which he used to narrate about the Messenger of Allah. The number of these ahadith reached almost six thousand. This fact attracted the attention of verifiers of hadith especially since he had not remained in the company of the Prophet for any length of time and to the fact that he narrated traditions regarding battles which he had never attended. Some verifiers of hadith gathered all what was narrated by the "righteous caliphs" as well as by the ten men given the glad tidings of going to Paradise in addition to what the mothers of the faithful and the purified Ahl al-Bayt, and they did not total one tenth of what Abu Hurayra had narrated all alone. This came despite the fact that among the latter was Ali ibn Abu Talib who remained in the company of the Prophet for thirty years. Then fingers were pointed to Abu Hurayra charging him with telling lies and with fabricating and forging hadith. Some went as far as labelling him as the first narrator in the history of Islam thus charged. Yet "Ahl al-Sunnah wal Jama`a" bestow upon him the title of "Islam's narrator," surrounding him with a great deal of respect, totally relying on him. Some of them may even regard him as being more knowledgeable than Ali due to one particular tradition which he narrates about himself and in which he says, "I said, `O Messenger of Allah! I hear a great deal of your hadith which I have been forgetting!' He said, `Stretch your mantle,' so I stretched it, whereupon he made a handful then said, `Close upon it,' whereupon I closed upon it and never forgot of it a thing ever since."[202] Abu Hurayra kept narrating so many ahadith that Umar ibn al-Khattab beat him with his cane and said to him, "You have quoted too many ahadith, and it seems that you have been telling lies about the Messenger of Allah." This was due to one particular narration which he reported in which he quoted the Prophet saying that Allah had created the heavens, the earth, and all creation in seven days. When Umar heard about it, he called him in and asked him to repeat that hadith. Having heard him repeating it, Umar struck him and said to him, "How so when Allah Himself says it was done in six days, while you yourself now say it was done in seven?" Abu Hurayra said, "Maybe I heard it from Ka`b al-Ahbar..." Umar said, "Since you cannot distinguish between the Prophet's ahadith and what Ka`b alAhbar says, you must not narrate anything at all."[203] It is also narrated that Imam Ali ibn Abu Talib has said, "Among all the living, the person who has told the most lies about the Messenger of Allah is Abu Hurayra alDawsi."[204] Mother of the faithful Ayesha, too, testified to his being a liar several times in reference to many ahadith which he used to attribute to the Messenger of Allah. For example, she resented something which he had once said so she asked him, "When did you hear the Messenger of Allah say so?" He said to her, "The mirror, the kohl, and the dyestuff have all diverted you from the hadith of the Messenger of Allah," but when she insisted that he was lying and scandalized him, Marwan ibn al-Hakam interfered and took upon himself to verify the authenticity of the hadith in question. It was then that Abu Hurayra admitted, "I did not hear it from the Messenger of Allah; rather, I heard it from al-Fadl ibn al-Abbas."[205] It is because of this particular narration that Ibn Qutaybah charged him with lying saying, "Abu Hurayra claimed that al-Fadl ibn al-Abbas, who had by then died, testified to the authenticity of that tradition which he attributed to him in order to mislead people into thinking that he had heard it from him."[206] In his book Ta'weel al-Ahadith, Ibn Qutaybah says, "Abu Hurayra used to say: `The Messenger of Allah said such-and-such, but I heard it from someone else." In his bookA`lam al-Nubala, al-Dhahabi says that Yazid ibn Ibrahim once cited Shu`bah ibn al-Hajjaj saying that Abu Hurayra used to commit forgery. In his book [Siyar] A`lam al-Nubala, Ibn Kathir [Ed. this should be al-Dhahabi] indicates that Yazid ibn Ibrahim heard Ibn al-Hajjaj saying that Abu Hurayra used to forge hadith. In his book Al-Bidaya wal Nihaya, Ibn Kathir states that Yazid ibn Haroun heard Shu`bah ibn al-Hajjaj accusing him of the same, that his, that he forges hadith, and that he used to narrate what he used to hear from Ka`b al-Ahbar as well as from the Messenger of Allah without distinguishing one from the other. Ja`far al-Iskafi has said, "Abu Hurayra is doubted by our mentors; his narrations are not acceptable."[207] During his lifetime, Abu Hurayra was famous among the sahabaof lying and forgery and of narrating too many fabricatedahadith to the extent that some of the sahaba used to deride him and ask him to fabricate ahadith agreeable with their own taste. For example, a man belonging to Quraysh put on once a newjubbah (a long outer garment) and started showing off. He passed by Abu Hurayra and [sarcastically] said to him, "O Abu Hurayra! You narrate quite a few traditions about the Messenger of Allah; so, did you hear him say anything about myjubbah?!" Abu Hurayra said, "I have heard the father of al-Qasim saying, `A man before your time was showing off his outfit when Allah caused the earth to cave in over him; so he has been rattling in it and will continue to do so till the Hour.' By Allah! I do not know whether he was one of your people or not."[208] How can people help doubting Abu Hurayra's traditions since they are so selfcontradictory? He narrates one "hadith" then he narrates its antithesis, and if he is opposed or his previously narrated traditions are used against him, he becomes angry or starts babbling in the Ethiopian language.[209] How could they help accusing him of telling lies and of forgery after he himself had admitted that he got traditions out of his own pouch then attributed them to the Prophet ? Al-Bukhari, in his Sahih, states the following: Abu Hurayra said once, "The Prophet said, `The best charity is willingly given; the higher hand is better than the lower one, and start with your own dependents. A woman says: `Either feed me or divorce me.' A slave says, `Feed me and use me.' A son says, `Feed me for the woman who will forsake me.'" He was asked, "O Abu Hurayra! Did you really hear the Messenger of Allah say so?" He said, "No, this one is from Abu Hurayra's pouch."[210] Notice how he starts this "tradition" by saying, "The Prophet said," then when they refuse to believe what he tells them, he admits by saying, "... this one is from Abu Hurayra's pouch"! So congratulations for Abu Hurayra for possessing this pouch which is full of lies and myths, and for which Mu`awiyah and Banu Umayyah provided a great deal of publicity, and because of which he acquired position, authority, wealth, and mansions. Mu`awiyah made him the governor of Medina and built him the Aqeeq mansion then married him off to a woman of honorable descent for whom he used to work as a servant... Since Abu Hurayra was the close vizier of Mu`awiyah, it is not due to his own merits, honor, or knowledge; rather, it is because Abu Hurayra used to provide him with whatever traditions he needed to circulate. If some sahaba used to hesitate in cursing "Abu Turab," finding doing that as embarrassing, Abu Hurayra cursed Ali in his own house and as his Shi`as heard: Ibn Abul-Hadid says, When Abu Hurayra came to Iraq in the company of Mu`awiyah in the Year of the Jama`a, he came to Kufa's mosque. Having seen the huge number of those who welcomed him, he knelt down then beat his bald head and said, "O people of Iraq! Do you claim that I tell lies about the Messenger of Allah and thus burn myself in the fire?! By Allah! I heard the Messenger of Allah saying, `Each prophet has a sanctuary, and my sanctuary is in Medina from Eer to [the mountain of] Thawr; so, anyone who makes it unclean will be cursed by Allah, the angels, and all people, and I bear witness that Ali had done so." When Mu`awiyah came to hear this statement, he gave him a present, showered him with his generosity, and made him the governor of Medina.[211] Suffices us to prove the above the fact that he was created governor of Medina by none other than Mu`awiyah. There is no doubt that verifiers and researchers who are free from prejudice will doubt anyone who befriended the enemy of Allah and His Messenger and who was antagonistic towards the friend of Allah and His Messenger... There is no doubt that Abu Hurayra did not reach that lofty position of authority, namely the governor of Medina, the then capital of the Islamic domains, except by virtue of the services which he had rendered to Mu`awiyah and other authoritative Umayyads. Praise to the One Who changes the conditions! Abu Hurayra had come to Medina with nothing to cover his private parts other than a tiny striped piece of cloth, begging passers-by to feed him. Then he suddenly became ruler of the sacred precincts of Medina, residing in the Aqeeq mansion, enjoying wealth, servants and slaves, and nobody could say a word without his permission. All of this was from the blessings of his pouch! Do not forget, nor should you be amazed, that nowadays we see the same plays being repeatedly enacted, and history certainly repeats itself. How many ignorant indigent persons sought nearness to a ruler and joined his party till they became feared masters who do and undo, issuing orders as they please, having a direct access to wealth without being accounted for it, riding in automobiles without being watched, eating foods not sold on the market...? One such person may not even know how to speak his own language, nor does he know a meaning for life except satisfying his stomach and sexual appetite. The whole matter is simply his having a pouch like the one Abu Hurayra used to have with some exception, of course, yet the aim is one and the same: pleasing the ruler and publicizing for him in order to strengthen his authority, firm his throne, and finish his foes. Abu Hurayra loved the Umayyads and they loved him since the days of Uthman ibn Affan, their leader. His view with regard to Uthman was contrary to that of all the sahaba who belonged to the Muhajirun and the Ansar; he regarded all the sahaba who participated in or encouraged the killing of Uthman as apostates. Undoubtedly, Abu Hurayra used to accuse Ali ibn Abu Talib of killing Uthman. We can derive this conclusion from the statement he made at Kufa's mosque and his saying that Ali made Medina unclean and that he, therefore, was cursed by the Prophet, the angels, and everyone else. For this reason, Ibn Sa`d indicates in his Tabaqat that when Abu Hurayra died in 59 A.H./679 A.D., Uthman's descendants carried his coffin and brought it to the Baqee` to bury it as an expression of their appreciation of his having had high regards for Uthman.[212] Surely Allah has his own wisdom in faring with His creation. Uthman ibn Affan, the master of Quraysh and their greatest, was killed although he was the Muslims' caliph bearing the title of "Dhul-Noorayn" and of whom, according to their claim, the angels feel shy. His corpse did not receive the ceremonial burial bath nor was it shrouded; moreover, it was not buried for full three days after which it was buried at the Jewish cemetery. Yet Abu Hurayra died after having enjoyed pomp and power. He was an indigent man whose lineage and tribal origins were not known to anybody. He had no kinship to Quraysh. Despite all of this, the caliph's sons, who were in charge of running the affairs during Mu`awiyah's reign, took to bearing his corpse and to bury it at the Baqee` where the Messenger of Allah was buried...! But let us go back to Abu Hurayra to examine his attitude towards the Prophet's Sunnah. In his Sahih, al-Bukhari quotes Abu Hurayra saying, "I learned the fill of two receptacles [of ahadith] from the Messenger of Allah: I have disseminated only one of them; as for the other, if I disseminate it, this throat will be slit."[213] Since we indicated in our previous researches that Abu Bakr and Umar had burnt the recorded Prophet's Sunnah and prohibited traditionists from conveying it to others, here is Abu Hurayra revealing what erstwhile is hidden, testifying to our own conclusion, admitting that the only traditions he quoted were the ones that pleased the ruling authorities. Building upon this premise, Abu Hurayra used to have two pouches, or two receptacles, as he called them. He used to disseminate the contents of one of them, the one which we have discussed here that contains whatever the rulers desired. As for the other, which Abu Hurayra kept to himself and whose ahadith he did not narrate for fear his throat would be slit, it is the one containing the authentic traditions of the Prophet. Had Abu Hurayra been a reliable authority, he would have never hidden true ahadith while disseminating illusions and lies only to support the oppressor, knowing that Allah curses whoever hides the clear evidence. Al-Bukhari quotes him saying once, "People say that Abu Hurayra narrates too many ahadith. Had it not been for two [particular] verses in the Book of Allah, I would not have narrated a single hadith: `Those who conceal what We have revealed of clear proofs and the guidance, after Our having clarified [everything] for people in the Book, these it is whom Allah shall curse, and those who curse shall curse them, too' (Holy Qur'an, 2:159). Our brethren from the Muhajirun used to be busy consigning transactions at the market-place, while our brethren from the Ansar used to be busy doing business with their own money, while Abu Hurayra kept in the shadow of the Prophet in order to satisfy his hunger, attending what they did not attend, learning what they did not learn."[214] How can Abu Hurayra say that had it not been for a couple of verses in the Book of Allah, he would not have narrated a single hadith, then he says, "I learned two receptacles [of ahadith] from the Messenger of Allah: I have disseminated one of them; as for the other, if I disseminate it, this throat will be slit"?! Is this not his admission of having concealed the truth despite both verses in the Book of Allah?! Had the Prophet not said to his companions, "Go back to your people and teach them"?[215] Had he not also said, "One who conveys is more aware than one who hears"? Al-Bukhari states that the Prophet urged the deputation of Abd Qays to learn belief and scholarship "... then convey what you learn to those whom you have left behind."[216] Can we help wondering why should the throat of a sahabi be slit if he quotes the Prophet ?! There must be a secret here which the caliphs do not wish others to know. We actually pointed out to this very secret in our past researches embedded in our book Ask Those Who Know. Here, we would like to briefly say that "the people of the remembrance" was [a phrase in] a Qur'anic verse revealed to refer to Ali's successorship of the Prophet. Abu Hurayra is not to blame; he knew his own worth and testified against his own soul that Allah cursed him, and so did those who curse, for having hidden the Prophet's hadith. But the blame is on "Ahl al-Sunnah wal Jama`a" who call Abu Hurayra the narrator of the Sunnah while he himself testifies that he hid it then testifies that he fabricated it and told lies in its regard, then he further goes on to testify that it became confused for him, so he could not tell which one was the statement of the Prophet and which one was made by others. All of these ahadith and correct admissions are recorded in al-Bukhari's Sahih and in other authentic books of hadith of "Ahl al-Sunnah wal Jama`a". How can "Ahl al-Sunnah wal Jama`a" feel comfortable about a man whose justice was doubted by the Commander of the Faithful Ali ibn Abu Talib who charged him with lying, saying that among the living, nobody told more lies about the Prophet than Abu Hurayra. Umar ibn al-Khattab, too, charged him of the same, beat him and threatened to expel him. Ayesha doubted his integrity and many times called him a liar, and many other sahaba cast doubts about his accuracy and rejected his contradictory ahadith, so he would once admit his error and would sometimes prattle in Ethiopian.[217] A large number of Muslim scholars refuted his traditions and charged him with lying, fabricating, and throwing himself at Mu`awiyah's dinner tables, at his coffers of gold and silver. Is it right, then, for Abu Hurayra to become "Islam's narrator" from whom the religion's injunctions are learned? Judaica and Jewish doctrines have filled the books of hadith. Ka`b al-Ahbar, a Jew, may have succeeded in getting such doctrines and beliefs included into the books of hadith, hence we find traditions likening or personifying Allah, as well as the theory of incarnation, in addition to many abominable statements about the prophets and messengers of Allah: all of these are cited through Abu Hurayra. So, are "Ahl al-Sunnah wal Jama`a" now going to repent and go back to their senses in order to know who they should learn the true Sunnah from? If they ask us, we would say, "Come to the Gate of Knowledge and the Imams from his offspring, for they are the custodians of the Sunnah, the security of the nation, the ark of salvation, the Imams of guidance, the lanterns that shatter the dark, the mighty niche, and the strong Rope of Allah." 11. Abdullah ibn Umar He is one of the famous sahaba who played a major role in shaping the events that took place during the reign of the third caliph as well as that of Banu Umayyah. Suffices him the fact that his father was Umar ibn al-Khattab to be glorified and loved by "Ahl al-Sunnah wal Jama`a" who consider him as one of the greatest faqihs and of all those who learned the "Prophet's ahadith." Even Imam Malik relies on him in deducting most of his ahkam, filling his book AlMuwatta' with his traditions. And if we turn the pages of the books of "Ahl alSunnah wal Jama`a," we will find them referring to him quite often, full of his praise. Yet if we read the same that with researchers' discerning eyes, it will become clear to us that he was far from being just or truthful; rather, he was distant from the Prophet's Sunnah, fromfiqh, and from the Shari`a. Our first observation will be his extreme enmity and hatred towards the master of the Prophet's Progeny, Commander of the Faithful Ali ibn Abu Talib: he went as far as instigating others against him and regarded as a commoner. We have already indicated that he circulated many falseahadith the gist of which is that the sahaba during the lifetime of the Prophet used to compare each one of them with the other in the presence of the Prophet heard, saying that the best of people was Abu Bakr then Umar then Uthman, then people after the latter were all alike, and that the Prophet used to hear all of thais comparison without denying it. This is a blatant lie derided by any rational person. We researched the life of Abdullah ibn Umar during the Prophet's lifetime, and we found out that he was too young to reach adolescence. He had no influence whatsoever among those who had a say, nor was his view taken into consideration. The Messenger of Allah died when Abdullah ibn Umar was, according to the best estimates, nineteen years old; so, how could he have said that they (thesahaba) used to compare each one of them with the other? This could only be children gossiping among themselves, the children of Abu Bakr, Uthman, in addition to his own brothers. Nevertheless, it cannot be right to say that the Prophet was listening to such comparison without voicing his objection to it. This proves that this "tradition" is false and is indicative of ill intentions. Add to the above the fact that the Prophet never permitted Abdullah ibn Umar to accompany him during his battles with the exception of the Battle of the Moat (khandaq) and the other campaigns that followed it, when Abdullah was fifteen years old.[218] There is no doubt that he was present at the Battle of Khaybar which took place in 7 A.H./628 A.D. and saw with his own eyes how both Abu Bakr and his father fled from the battle field. He undoubtedly heard the Messenger of Allah saying, "I shall give the standard tomorrow to a man who loves Allah and His Messenger and who is loved by Allah and His Messenger, a brave one who attacks and never flees, a man the conviction of whose heart Allah has ascertained." When it was morning, he gave it to the one who terminated the pleasure of those who indulged therein, who dispersed the groups, who dispelled the clouds of calamities, who was adorned with graces, the ever-victorious Lion of Allah Ali ibn Abu Talib.[219] The tradition of the standard referred to above clearly highlights Ali's merits and superiority over all other sahaba. It demonstrates his status with Allah and His Messenger and his having won the love of Allah and His Messenger. Because of his hatred towards Ali, Abdullah ibn Umar regarded Ali as one of the commoners! We have already indicated that "Ahl al-Sunnah wal Jama`a" acted upon this tradition which their master Abdullah ibn Umar inspired to them, so they did not rank Ali ibn Abu Talib among the righteous caliphs. No, they did not do that, nor did they even recognize his caliphate except during the time of Ahmad ibn Hanbal as we proved above. They were exposed when traditions and traditionists became quite numerous, and when fingers were pointed at them accusing them of being Nasibis and of hating the Ahl al-Bayt of the Prophet, and when all Muslims came to know that hating Ali was one of the most obvious signs of hypocrisy. It was then that they felt compelled to recognize Ali's caliphate. It was only then that they added his name to the list of the "righteous caliphs." It was only then that they pretended, being pretentious and perfidious, to love Ahl al-Bayt. We wish there had been someone to ask Ibn Umar the following question: "Why did all, or most of, Muslims after the demise of the Prophet dispute about who deserved most to be the caliph and narrowed their dispute to only Ali and Abu Bakr, and why neither your father [Umar ibn al-Khattab] nor Uthman ibn Affan had any popularity at that time?" Was there anyone to ask the son of Umar ibn al-Khattab, "If the Prophet agreed with your view that nobody was the peer of Abu Bakr then Umar then Uthman, then why did he two days before his death choose a young man who grew no beard nor a moustache to be their leader, ordering them to march under his order and command? Was he then hallucinating, as your father described him of doing?" We wish someone had asked Abdullah ibn Umar this question: "Why did the Muhajirun and the Ansars, having witnessed Abu Bakr swearing his oath of loyalty to Fatima al-Zahra, say to her: `By Allah! Had your husband and cousin come to us before Abu Bakr, we would not have equated him with any man at all,' which is an admission from the most prominent of the sahabathat they did not equate Ali with anyone else, had they not already sworn their oath of allegiance to him, an oath which they later called a mistake?" What is the value of the view of Abdullah ibn Umar, the conceited teenager who did not know how to divorce his wife, compared to that of such prominentsahaba? Finally, was there anyone to ask Abdullah ibn Umar, "Why did not the sahaba choose Ali ibn Abu Talib to be their caliph after Umar's murder and prefer him over Uthman, had it not been for his own refusal of the condition put forth by Abel-Rahman ibn Awf that he had to rule them according to the "Sunnah" of both shaykhs?"[220] But Abdullah ibn Umar was influenced by his father. He lived during the caliphate of Abu Bakr, Umar, and Uthman, and he noticed how Ali ibn Abu Talib was kept at bay, having no place among the ruling group nor any government post, with the people turning away from him after the death of his cousin and wife, the Leader of all Women, having had no material gains to attract people thereby. Undoubtedly, Abdullah ibn Umar was the closest person to his father. He used to listen to his views, and he knew his friends and foes; hence, he grew up nurtured in hatred, grudge and animosity towards Ali in particular and Ahl al-Bayt in general. Once he saw Ali receiving the oath of allegiance from the Muhajirun and Ansar following Uthman's murder, and he could not tolerate it. He, then, revealed his hidden animosity and refused to swear the oath of allegiance to the Imam of the righteous and the wali of the faithful. He could no longer tolerate living in Medina, so he left it for Mecca pretending to perform the `umra. Then we see Abdullah ibn Umar doing all he could do to discourage people and dissuade them from supporting the truth or fighting the oppressive group the fighting of which was ordered by Allah Himself till it reverted to His command. He, therefore, was among the earliest to betray the Imam of his time whom he was required to obey. Once Imam Ali was killed, and Mu`awiyah attained victory over Imam al-Hasan ibn Ali, thus usurping the caliphate from him, Mu`awiyah delivered a speech to people in which he said, "I did not fight you so that you may pray or fast or perform the pilgrimage; rather, I fought you in order to take charge of you, and Allah has given me just that." We then see Abdullah ibn Umar racing to swear the oath of allegiance to Mu`awiyah under the pretext that people were united in accepting his leadership after their disunity! I think it was he who named that year "Am al-jama`ah," year of the group, for he and his group of Banu Umayyah became "Ahl al-Sunnah wal Jama`a" and will remain so till the time of the Hour. Was there anyone to ask Abdullah ibn Umar and those who held his views from "Ahl al-Sunnah wal Jama`a": "Had there ever been any consensus in history such as the one attained for the Commander of the Faithful Ali ibn Abu Talib ?" Abu Bakr's caliphate was "a mistake whose evil Allah shunned,"[221] and it was boycotted by a large number of the sahaba. Umar's caliphate was by recommendation; rather, it was a promise granted by Abu Bakr, and the sahaba had neither view, nor say, nor anything else to do with it. And Uthman's caliphate was achieved through a committee of three persons selected by Umar; rather, it was due to Abd al-Rahman ibn Awf forcing his own view over the rest. As for Ali's caliphate, it was done through the voluntary and peaceful oath of allegiance of the Muhajirun and the Ansar; he wrote all Islamic domains asking those in charge of them to grant him their oath of allegiance, which they all did with the exception of Mu`awiyah in Syria.[222] What Ibn Umar and "Ahl al-Sunnah wal Jama`a" were supposed to do was to kill Mu`awiyah ibn Abu Sufyan for declaring his mutiny and demanding the caliphate for himself according to the narrations which they themselves have recorded in their Sahih books. One of these traditions states that the Messenger of Allah said, "If two caliphs receive oaths of allegiance, one after the other, you should kill the second."[223] He has also said, as recorded in Muslim's Sahihand in other books of hadith, "Whoever swears the oath of allegiance to an Imam, shakes his hand, and grants him his heart, let him grant him his all, but if another person comes to dispute with him, you should kill the latter."[224] But Abdullah ibn Umar did exactly the opposite: Instead of acting upon the Prophet's tradition, submit to his orders, fight and kill Mu`awiyah for having contested the caliph of the Muslims and lit the fire of dissension, he, we find out, refused to swear the oath of allegiance despite the Muslims' consensus in its regard. Instead, he swore it to Mu`awiyah who declared his mutiny, who disputed with the Imam and killed a number of innocent people, causing dissension the aftermath of which lingers till our time. For this reason, I think that Abdullah ibn Umar was Mu`awiyah's accomplice in all the crimes and sins the latter had committed because he erected his authority and assisted him in forcing people to accept it, and in his confiscation of the caliphate which Allah and His Messenger decreed to be out of the reach of the promiscuous and the sons of the promiscuous according to the sacred hadith. Abdullah ibn Umar was not satisfied with doing all of that, so he rushed to swear the oath of allegiance to Yazid ibn Mu`awiyah, the Yazid of wines, corruption, and apostasy, the promiscuous son of the promiscuous father, the cursed one and the son of the accursed. Since Umar ibn al-Khattab, according to Ibn Sa`d who discusses him in his Tabaqat, used to say, "Caliphate is not suitable for a promiscuous person, nor for the son of a promiscuous person, nor for those who accept Islam after being vanquished,"[225] then how did Abdullah contradict his own father with regard to this principle which he himself had recorded? If Abdullah ibn Umar thus contradicted the Book of Allah and the Sunnah of His Messenger with regard to the issue of caliphate, we will not then be surprised to find him doing the opposite of what his father had stated. We would like to ask Abdullah ibn Umar this question: "What consensus was there with regard to swearing the oath of allegiance to Yazid ibn Mu`awiyah from whom the righteous in the nation and the remnants of the Muhajirun and Ansar, including the master of the youths of Paradise Imam al-Husayn ibn Ali, Abdullah ibn alZubayr, Abdullah ibn Abbas, and all those who kept them company and shared their views, dissociated themselves?" What is well known is the fact that he himself used to be among those who in the beginning denounced Yazid receiving the oath of allegiance, but Mu`awiyah knew how to win him over: He sent him one hundred thousand dirhams which he accepted as a gift. When it was mentioned to him that the sender was soliciting his oath of allegiance to his son Yazid, he said, "Is this what he wanted? My creed, then, must be quite cheap..."[226] Yes, Abdullah ibn Umar sold his creed very cheaply as he himself admitted. He ran away from having to swear it to the Imam of the righteous but rushed to swear it to the leader of oppressors Mu`awiyah, then to the leader of the fornicators Yazid, thus bearing on his shoulders the burdens of the crimes committed by Mu`awiyah's oppressive government. He, no doubt, carried the burdens of Yazid's crimes on his head for violating the sanctity of the Messenger of Allah and for killing the fragrant flower, the master of the youths of Paradise and of the Progeny of the Prophet, together with the righteous among the sons of the nation whom he killed in Karbala in the Battle of the Harra. Abdullah ibn Umar was not satisfied with this much of the oath of allegiance to Yazid, so he pressured people to follow in his footsteps, terrorizing anyone who contemplated doing otherwise. Al-Bukhari in his Sahih and other compilers of hadith state that Abdullah ibn Umar gathered his offspring, servants, and slaves when the people of Medina rejected Yazid ibn Mu`awiyah and said to them, "We swore the oath of allegiance to this man acting upon swearing it to Allah and His Messenger[227], and I have heard the Messenger of Allah saying, `One who betrays will have a standard erected for him on the Day of Judgment, and it will be said to him: This is the betrayal of so-and-so,' and the worst type of betrayal, after associating someone with Allah, is one who swears the oath of allegiance to Allah and His Messenger then betrays it,[228] and none of you should unseat Yazid, nor should anyone among you see such unseating as honorable, else something tragic should happen between me and him."[229] Yazid's oppression received a boost when Abdullah ibn Umar supported him and urged people to swear the oath of fealty to him, so he raised an army under the command of Uqbah, one of the leading adulterers of his time, ordering him to assault Medina, the city of the Prophet, permitting him to do whatever he wished in it. Uqbah, therefore, killed ten thousand sahabisand took their wives as captives then confiscated their property. He also killed seven hundred huffaz of the Holy Qur'an according to al-Baladhuri, permitting his army to rape many free Muslim women to the extent that the latter gave birth to an estimated one thousand illegitimate babies. Then he forced them to swear that they were all slaves of his master Yazid... Was not Abdullah ibn Umar his accomplice in all of that, since he supported and empowered him? I leave the researchers to derive their own conclusion. Abdullah ibn Umar was not satisfied with all of that; rather, he went beyond it to swear the oath of allegiance to Marwan ibn al-Hakam, the bedeviled accursed one, the promiscuous adulterer, who fought Ali openly and killed Talhah and did so many horrible things such as burning the House of Allah and shelling it with catapults, demolishing one of its corners and killing in that incident Abdullah ibn al-Zubayr, in addition to other shameful actions. Then Ibn Umar reaches in swearing his oath of allegiance new heights when he swore it to al-Hajjaj ibn Yusuf al-Thaqafi, the greatest apostate who used to make fun of the Holy Qur'an and label it as Arab martial poetry, preferring his master Abdul-Malik ibn Marwan over the Messenger of Allah. This al-Hajjaj is the same one who was known by the elite as well as the commoners as having belittled all Islamic tenets. In his Tarikh, the hafiz Ibn Asakir indicates that two men disputed with one another about al-Hajjaj. One of them said that he was a kafir, an apostate, whereas the other said that he was a daall mu'min, a believer who went astray. When they persisted, they asked al-Sha`bi about his view. Al-Sha`bi said, "He is a mu'min [believer] in as far as oppression and tyranny are concerned, a kafir [disbeliever] in Allah, the Great."[230] This criminal al-Hajjaj is the one who violated everything which Allah decreed not to be violated. Historians record that he was excessive in killing, torturing and mutilating the corpses of the righteous of the nation, especially Shi`a followers of Muhammad's, for these suffered at his hands more than at the hands of anyone else. In his Tarikh, Ibn Qutaybah says that in one single day, al-Hajjaj killed more than seventy thousand men to the extent that the blood flow reached the mosque's door as well as the highways.[231] And in his Sahih, al-Tirmidhi, having counted those executed by al-Hajjaj, says, "After his [al-Hajjaj's] death, eighty thousand prisoners were found in his jail, including thirty thousand women."[232] Al-Hajjaj used to compare himself to the Lord of Might and Honor: whenever he passed by the jail and heard the prisoners crying of pain and pleading for mercy, he used to say to them [what the Almighty says in the Holy Qur'an]: "Remain in abjection therein, and do not speak to me" (Holy Qur'an, 23:108). Such is al-Hajjaj who was prophesied by the Messenger of Allah before his demise; he said, "There is in [the tribe of] Thaqeef a liar and an annihilator." What is strange is that the narrator of this tradition is none other Abdullah ibn Umar himself![233] Yes, Abdullah ibn Umar was reluctant to swear the oath of allegiance to the best of mankind after the Prophet and did not support him, nor did he even pray behind him; therefore, Allah, Glory to Him, humiliated him. He went to al-Hajjaj once and said, "I have heard the Messenger of Allah saying, `Whoever dies owing an oath of allegiance will die the death of jahiliyya.'" Al-Hajjaj the accursed, thereupon, despised him and pointed his foot at him saying, "My hand is busy right now; so, swear your oath of allegiance to this." He used to pray behind al-Hajjaj, the apostate, and behind his wali Najdah ibn Amir, head of the Kharijites.[234] There is no doubt that Abdullah ibn Umar preferred to pray behind these men only because they were famous for cursing and denouncing Ali after the prayers. Ibn Umar used to gratify his hidden grudge and animosity whenever he heard such cursing, feeling very contented at heart and very satisfied therewith. For this reason, we find the sect of "Ahl al-Sunnah wal Jama`a" enjoining prayers behind the righteous as well as the promiscuous based on what their master and the faqih of their sect Abdullah ibn Umar doing likewise and praying behind the apostate al-Hajjaj and the Kharijite Najdah ibn Amir. As for the Prophet's statements such as these: "The one who should be the Imam of people is their best in reciting the Book of Allah. If they all recite it equally well, he should be the most knowledgeable of the Sunnah. If they all know the Sunnah equally well, he should be their foremost in having participated in the Hijra. If they had all participated in the Hijra at the same time, he should be the foremost in having accepted Islam...," they surely are discarded... None of these four merits, namely reciting the Holy Qur'an, safeguarding the Sunnah, early participation in the Hijra, and early acceptance of Islam, applies to those to whom Ibn Umar swore his oath of allegiance and behind whom he prayed: neither in Mu`awiyah, nor in Yazid, nor in Marwan, nor in al-Hajjaj, nor in Najdah, the Kharijite... This, of course, is only one of the Sunnah injunctions which Abdullah ibn Umar violated. He discarded them altogether and acted exactly to their contrary. He abandoned the master of the Prophet's purified Progeny, namely Ali, in whom all these and many more merits were combined. Rather, he turned his back to him and went to join the corrupt ones, the Kharijites, the apostates, the enemies of Allah and His Messenger, praying behind them! How many are the violations of the faqih of "Ahl al-Sunnah wal Jama`a" Abdullah ibn Umar, violations of both the Book of Allah and the Sunnah of His Messenger?! If we wish, we can gather them in a separate book, but the following examples, which are quoted from their own books and Sahihs, should suffice to back our argument: Violations of Abdullah ibn Umar of the Book and the Sunnah Allah, the Most Exalted One, has said in His Glorious Book, "Fight the one [party] that acts wrongfully till it returns to obeying Allah's Command" (Holy Qur'an, 49:9). The Messenger of Allah has said, "O Ali! You shall fight after me the renegades, those who equal others with Allah, and the heretics." Abdullah ibn Umar violated this text of the Holy Qur'an as well as the above quoted tradition, and he violated the consensus (ijma`) of the nation, of the Muhajirs and the Ansar who fought beside the Commander of the Faithful, following his own view and saying, "I shall not fight in the dissension, and I shall pray behind whoever wins."[235] Ibn Hajar has indicated that Abdullah ibn Umar was of the view that one should avoid fighting during a dissension even if one of the two parties is right and the other is wrong.[236] Truly strange, by Allah, is the case of Abdullah ibn Umar who sees one party being right and the other being wrong yet refraining from supporting the right one or from curbing the wrong party till it returns to obedience to Allah! He performed his prayers behind whoever won, albeit if the winner was a wrong doer! This is exactly what happened to Ibn Umar, for Mu`awiyah won and subdued the nation, forcing his authority on it. Ibn Umar then came and swore the oath of allegiance to Mu`awiyah and prayed behind him despite all the crimes and sins which he had committed and which are beyond one's imagination and with which Ibn Umar was fully familiar. The wrong doers from the leaders of oppression, due to their numerical superiority, won victory over the leaders of the truth who were the Imams of Ahl al-Bayt. So the latter were excluded from authority, whereas the promiscuous, the adulterers, the straying criminals, came to rule the nation with force and oppression. Ibn Umar abandoned the truth all of it, so history does not record any friend for him nor any affinity towards Ahl al-Bayt five of whose Imams were his contemporaries. He did not pray behind a single one of them. He did not quote one of theirahadith, and he did not recognize a single virtue or merit of any of them. We have come to know, while discussing the Twelve Imams in this book, what his view with regard to the ones whom he labelled as the twelve caliphs was. He regarded as authentic the caliphate of Abu Bakr, Umar, Uthman, Yazid, al-Saffah, Salam, al-Mansour, Jabir, al-Mahdi, al-Amin, and their team head [Mu`awiyah], saying, "All these twelve are descendants of Banu Ka`b ibn Luayy, and they are all unmatched in righteousness."[237] Do you see among these men any of the Imams of guidance from the Prophet's Progeny who were described by the Messenger of Allah as the ark of salvation and the peers of the Qur'an?! For this reason, you cannot trace any presence for them among "Ahl al-Sunnah wal Jama`a," nor is there even one Imam from Ahl al-Bayt on the list of imams and caliphs they emulate. Such is the case of Abdullah ibn Umar in his violation of the Book of Allah and the Sunnah of His Messenger. As for his own ignorance of the same, you may say whatever you wish. Among the indications of such ignorance is his being unaware of the fact that the Prophet permitted women to wear sandals when wearing the ihram garb; Ibn Umar issued fatawaprohibiting it.[238] Another is the leasing of his farms during the lifetime of the Messenger of Allah as well as during the reign of Abu Bakr, Umar, Uthman, and Mu`awiyah to the extent that one of thesahaba talked to him near the end of Mu`awiyah's reign and told him that the Messenger of Allah had prohibited it.[239] Yes; such is the faqih of "Ahl al-Sunnah wal Jama`a;" he did not know that it was haram to lease farms, and there is no doubt that he used to issue his verdicts permitting it during that entire period which lasted from the time of the Prophet to the end of Mu`awiyah's reign, a period of about fifty years... Yet another example is Ayesha denouncing his verdict that a deceased person is tormented because of the weeping of the living over him, and also with regard to morning athan, and his saying that the month is twenty-nine days. She opposed him in several other issues as well. Other examples are recorded by both shaykhs, namely al-Bukhari and Muslim, in the Sahih of each one of them: Abdullah ibn Umar was told that Abu Hurayra used to say, "I heard the Messenger of Allah saying, `Whoever walks behind a coffin will receive one karat of rewards.'" Ibn Umar responded by [sarcastically] saying, "Abu Hurayra has surely been generous with such karats!" Ayesha, however, testified to the authenticity of Abu Hurayra's tradition saying, "I heard the Messenger of Allah saying so." It was then that Ibn Umar said, "We surely have missed quite a few karats!"[240] Suffices us in this regard the testimony of Umar ibn al-Khattab with regard to his son Abdullah: On his death bed, Umar was asked by a flatterer, "Why don't you recommend Abdullah ibn Umar to be the next caliph?" Umar said, "Shall I recommend a man who does not know even how to divorce his wife [according to the Shari`a]?!" Such is Abdullah son of Umar ibn al-Khattab, and nobody knew him better than his father. As for the false traditions whereby he served his master Mu`awiyah, these are quite numerous indeed. We would like to mention a few of them by way of sampling: He said, "The Messenger of Allah said, `A man from the people of Paradise will soon come to you,' whereupon Mu`awiyah came. Then he said, `Tomorrow, a man from the people of Paradise will come to you;' Mu`awiyah came. Then he repeated the same about the next day, whereupon Mu`awiyah came." Another is his saying, "When the Ayat al-Kursi was revealed, the Messenger of Allah told Mu`awiyah to write it down. `What shall I get if I do so?' asked Mu`awiyah. He said, `Whenever anyone recites it, you will receive the reward of its recitation.'" Another is his saying, "Mu`awiyah will surely be resurrected on the Resurrection Day outfitted with a robe of the light of iman." I do not know why "Ahl al-Sunnah wal Jama`a" did not add Mu`wiyah's name to the list of the ten men who received the glad tidings of going to Paradise since their master Ibn Umar emphasized thrice, in three consecutive days, that Mu`awiyah was to go to Paradise. Since people on the Resurrection Day will be raised barefooted, naked, Mu`awiyah will be their very best because he will be outfitted with a robe made of the light ofiman! So read such statements and wonder! Such is Abdullah ibn Umar; such is the extent of his knowledge; such is his fiqh and violation of the Book of Allah and the Sunnah of the Prophet; such is his enmity towards the Commander of the Faithful and the pure Imams from the Progeny of the Prophet, and such is his loyalty and flattery of the enemies of Allah and His Messenger, the enemies of humanity. 12. Abdullah ibn al-Zubayr His father, al-Zubayr ibn al-Awwam, was killed during the Battle of the Camel, a battle labelled in the Prophet's Sunnah as the "War of the Perfidious." His mother was Asmaa daughter of Abu Bakr ibn Abu Quhafa. His aunt was mother of the faithful Ayesha daughter of Abu Bakr and wife of the Prophet. He was one of the main opponents of Imam Ali and of those who hated him most. He may have prided himself in the caliphate of his grandfather Abu Bakr and in his aunt Ayesha, so he inherited from both of them such hatred which lasted all his life. Imam Ali, peace be upon him, used to say to al-Zubayr, "We used to consider you as one of the offspring of Abd al-Muttalib till your evil son created dissension between us and you." It is well known in history that he was during the Battle of the Camel one of the most prominent elements and immediate commanders, so much so that Ayesha introduced him to lead people in the prayers after having dismissed both Talhah and al-Zubayr for disputing with one another, each desiring to lead it. It is also said that he is the one who brought his aunt Ayesha fifty men to falsely swear that the place where she had arrived was not called Hawab. This is why she consented to continue her march towards the Battle of the Camel. Abdullah is the one who reproached his father for deciding to retire from the battle after having been reminded by Imam Ali, peace be upon him, of one particular hadith of the Prophet wherein he informed al-Zubayr that he, being oppressive, would fight Ali. He kept reproaching his father to the extent that the latter said to him, "What is wrong with you?! May Allah shame you for being such an ominous son!" It is said that he continued to reproach and excite his father till he succeeded in getting him to attack Ali's army; he was killed and his father's calling him an ominous son proved to be quite right. This is the tale which we have chosen for you due to its accuracy, and due to its being descriptive of al-Zubayr's spiteful psychology as well as that of his ominous son Abdullah. Al-Zubayr could not have so easily pulled himself away from that battle, leaving behind Talhah and his men in addition to slaves and servants whom he had brought all the way from Basra. He could not have left the mother of the faithful Ayesha, sister of his wife, in such peril. If we accept that he abandoned them, they would not have let him get away with it that easily especially his son Abdullah the forcefulness of whose determination we have already come to know. Historians indicate that Abdullah ibn al-Zubayr used to curse and condemn Ali. Once he said about him: "The mean villain is approaching you." He once delivered a speech to the people of Basra urging them to fight Ali in which he said, "O people! Ali killed the rightful caliph Uthman oppressively, then he raised armies to take control over you and to take your city; so, be men who demand revenge for your slain caliph, protect your women, and defend your daughters, kinfolks, and tribes. Surely Ali does not consider in this issue anyone's view other than that of his own and, by Allah, if he achieves victory over you, he will annihilate your creed and world."[241] His hatred and animosity reached the limit where he abandoned invoking Allah's blessings unto His Prophet; so, no blame should be put on him, nor should his lies to people surprise us, nor his thus charging Imam Ali, peace be upon him, whom he accused of everything abominable such as the accusations in his speech cited above when he addressed the people of Basra and said to them, "... by Allah, if he achieves victory over you, he will annihilate your creed and world." It is nothing but blatant falsehood and a great defamation coming from Abdullah ibn al-Zubayr to whose heart the truth could not find a way. What testifies to the above is the fact that when Ali ibn Abu Talib won victory over the people of Basra and arrested most of them, and among those arrested was Abdullah ibn al-Zubayr himself, he forgave all of them and set them free and was generous to Ayesha, protecting her honor and sending her back to her home to Medina. He also prohibited his men from taking any booty or taking women or children captive or killing the wounded, so much so that such prohibition cost him the mutiny of some of his forces and doubts were cast at his judgment. Ali, peace be upon him, was the embodiment of the Sunnah of the Prophet and the most knowledgeable of the Book of Allah, the Book which none then knew it better than him. Hypocrites and infiltrators in his army instigated rebellion against him; they said, "How could he permit us to fight them yet prohibit us from taking their women captive?" Such talk duped a large number of his fighting men, but he, peace of Allah be upon him, argued with them through the Book of Allah saying, "Place your bets on who among you will take your mother Ayesha as his captive!" It was then that they realized that he was right; so, they said to him, "We seek Allah's forgiveness [against doing so]; you are right while we are wrong." What Abdullah ibn al-Zubayr had said about the Imam was a lie and obvious defamation: his hatred towards Ali, peace be upon him, blinded both his eyes and mind, bringing him out of conviction. Ibn al-Zubayr never repented after that incident, nor did he learn any lesson, nor did he derive any wisdom from that war to the benefit of his soul... No, indeed; rather, he rewarded a good deed with a bad one, and his grudge and hatred against the descendants of Hashim in general and the master of the Purified Progeny in particular increased, and he did all he could to put out their light and to put an end to them. Historians narrate saying that he, following the assassination of Imam Ali, started seeking to be the caliph of the faithful, and some people rallied behind him, so he grew stronger. He managed to have Muhammad ibn al-Hanafiyya, son of Imam Ali (peace be upon him), jailed together with al-Hasan ibn Ali and seventeen other men belonging to Banu Hashim. Then he wanted to burn them alive, so he gathered in front of the jail a great deal of fire wood then set it on fire. Had it not been for the arrival of al-Mukhtar's army at the right moment and its putting the fire out, the son of al-Zubayr would have achieved his evil objective.[242] Marwan ibn al-Hakam then sent him an army led by al-Hajjaj who surrounded his house, killed him, then hanged his corpse at the mosque. Thus ended the life of Abdullah ibn al-Zubayr just as the life of his father had ended before. Each one of them loved this life and did his best to attain power and authority and to receive people's oath of allegiance, fighting others for its sake, killing many in the process till he himself was killed falling short of achieving his objective. Abdullah ibn al-Zubayr had views with regard to fiqh which reflected a negative reaction to the fiqh of Ahl al-Bayt whom he hated. One of his most famous views was his saying that themut`a marriage was Islamically unlawful. He once said to Abdullah ibn Abbas [the greatest traditionist], "O you blind man! If you do it, I shall most certainly stone you." Ibn Abbas responded to him by saying, "My eyesight is blind, it is true, but you are blind in your own insight; so, if you wish to know howhalal the mut`a is, go and ask your mother about it!"[243] We do not wish to go into details in tackling this subject which has been discussed a great deal, but we simply wanted to expose Ibn al-Zubayr's opposition to Ahl alBayt in every aspect, including fiqh matters where his foot was not firmly rooted. All these twelve men have gone, in their good and in their evil, leaving the afflicted nation sailing in a sea of blood, drowning in the ocean of misguidance, with most of its members not distinguishing between truth and falsehood. This, in fact, is what Talhah, al-Zubayr, and even Sa`d ibn Abu Waqqas had admitted. The only person who was on clear guidance from his Lord, who never doubted the truth even for the twinkling of an eye, was Ali ibn Abu Talib, Allah's peace be upon him, with whom the truth revolved wherever he revolved, accompanying him wherever he went. So congratulations to whoever follows and emulates him. In fact, the Messenger of Allah himself said, "You, O Ali, and your followers [Shi`as] are surely the victorious on the Day of Judgment."[244] Is He then Who guides to what is right more worthy of being followed, or he who does not guide unless he himself is guided? What is the matter with you? How do you judge? (Holy Qur'an, 10:35) Surely Allah, the Great, has said the truth. [143] This statement is quoted in Ibn Kathir's Tafsir and in that of al-Khazin, in addition to Al-Tafsir al-Kabir of Jalal al-Din al-Suyuti, who all explain the verse in Surat al-Nisaa (Women) saying "They ask you for a decision; say: Allah decides for you with regard to the kalala, etc." [144] What proves this is the statement of the Messenger : "Let me write you a book beyond which you will never stray." Ibn Abbas has said, "Had he written it, no couple in this nation would have disputed with one another." Since it was Umar who prohibited the Messenger of Allah from writing it, accusing him of hallucinating so that he would not insist on its writing, we can conclude that he is the one responsible for the misguidance of the misguided and the one who deprived the Islamic nation of guidance. [145] Muslim, Sahih, Vol. 4, p. 59, commenting by saying that Ibn Abbas and Ibn al-Zubayr disputed with one another with regard to both types of mut`a. Jabir ibn Abdullah [al-Ansari] said, "We used to do both when we were in the company of the Messenger of Allah , then Umar prohibited us, so we ceased." [146] Ibn Sa`d, Tabaqat, Vol. 3, p. 204. Al-Suyuti, Tarikh, where the caliphate of Umar ibn al-Khattab is discussed. [147] Ibn Qutaybah, Tarikh al-Khulafa, Vol. 8, p. 31. [148] Al-Bayhaqi, Al-Sunan al-Kubra, Vol. 3, p. 144. [149] Ibn Hazm, Al-Muhalla, Vol. 4, p. 270. [150] This is stated on p. 140, Vol. 3, and also by al-Tabrani in his book AlMu`jam al-Kabir, and on p. 310, Vol. 2, of Ahkam al-Qur'an of al-Jassas. [151] Al-Bukhari, Sahih, Vol. 2, p. 151, in a chapter dealing with mut`a and with combining both `umra and hajj. [152] This statement is recorded in the tafsir books written by Ibn Kathir, alQurtubi, al-Alusi, and many others who all quote it while explaining the sacred verse saying, "It did not befit you to harm [the feelings of] the Messenger of Allah, nor should you marry his wives after him." [153] This is what Ibn Qutaybah records in his book Al-Imama wal Siyasa while discussing Abu Bakr's death and his appointment of Umar as the next caliph. [154] Ibn Abul-Hadid, Sharh Nahjul-Balagha, Vol. 1, p. 88, commenting on the Shaqshaqi sermon. [155] In Al-Fitnat al-Kubra, al-Tabari, Ibn Abul-Hadid, and Taha Husayn all say that Talhah had borrowed fifty thousand dinars from Uthman once. One day, he said to him, "Preparations have been made to pay you your money back; so, send someone to receive it." Uthman then said to him, "I have granted it to you, O father of Muhammad, in order to assist you in your manly support [of my government]." It is also said that Uthman had also given Talhah once as much as two hundred thousand dinars. [156] Ibn Sa`d, Tabaqat, Vol. 3, p. 858. [157] A bad name she coined for Uthman. [158] These facts are recorded by: al-Tabari in his Tarikh, and by both al-Mada'ini and al-Waqidi while discussing Uthman's assassination. [159] Taha Husayn, Al-Fitna al-Kubra, Vol. 1, p. 150. [160] The [Egyptian] Mu`tazilite scholar Ibn Abul-Hadid, Sharh Nahjul-Balagha, Vol. 2, p. 500. [161] Umar ibn al-Khattab had invented that idea in order to pave the way for opposition to and competition with Ali simply because the sahaba knew fully well that caliphate rightfully belonged to Ali and was usurped by Quraysh. When Fatima al-Zahra argued with them in this regard, they said to her, "Had your husband and cousin was the foremost in approaching us (seeking to be the caliph), we would not have regarded anyone as his peer." But Umar ibn al-Khattab did not feel comfortable with the idea that the caliphate would go back after his death to its rightful owner, so he thus created an opposition party against him. Hence, each one of those men coveted caliphate for himself, and they all aspired to become chiefs, trading their creed for their world; their trade was never profitable. [162] Taha Husayn, Al-Fitna al-Kubra, Vol. 1, p. 147. [163] Al-Bukhari, Sahih, Vol. 4, p. 53, in a chapter dealing with the blessing in the wealth of a living or dead participant in a ghazwa. [164] The meaning of this title is: one whose complexion is slightly reddish. __ Tr. [165] Al-Tabari, Tarikh,Vol. 5, p. 204. Ibn al-Atheer, Al-Kamil, Vol. 3, p. 102. [166] Taha Husayn, Al-Fitna al-Kubra, Vol. 2, p. 37. [167] This statement is stated by al-Tabari in the discussion of the Battle of the Camel, in al-Mas`udi's Tarikh, in A`tham's Tarikh, and by others. [168] Ibn Abul-Hadid, Sharh Nahjul-Balagha, Vol. 1, p. 101. [169] Ibn Abul-Hadid, Sharh Nahjul-Balagha, p. 306, quoting Muhammad Abdoh. [170] Ibid., p. 626. [171] Al-Tabari, Tarikh, Vol. 5, p. 205. [172] Ibn Qutaybah, Tarikh al-Khulafa, Vol. 1, p. 18. [173] Ibn Qutaybah, Tarikh al-Khulafa, Vol. 1, p. 48. [174] This is indicated on p. 18 and p. 35 of Imam al-Nasa'i's Khasa'is. [175] Muslim, Sahih, Vol. 7, p. 119, where the virtues of Ali ibn Abu Talib are discussed. [176] Al-A`tham, Tarikh, p. 163. [177] Ibn Qutaybah, Al-Imama wal Siyasa, Vol. 1, p. 20. [178] Egyptian scholar Muhammad Abdoh, Sharh Nahjul Balagha, Vol. 1, p. 88. [179] Ibn Kathir, Tarikh, Vol. 8, p. 77. [180] This is quoted in al-Mas`udi's book of history known as Muruj al-Dhahab when the author discusses the biography of Sa`d ibn Abu Waqqas. [181] This is tallied by al-Tabari, al-Mas`udi, Ibn Sa`d, Taha Husayn, and others. [182] Al-Bukhari, Sahih, Vol. 8, p. 123. [183] His using the first person singular "I" indicates the forcing of his own personal view over all others, and that he did not consult the masses of the populace as others claim. [184] This tale is stated in several references; among them are: p. 166, Vol. 1, of Abul Fida's Tarikh, p. 57, Vol. 5, of al-Baladhuri's book Ansab al-Ashraf, and p. 261, Vol. 2, of Al-Iqd al-Fareed by the Maliki author Ibn Abd Rabbih. [185] According to p. 577, Vol. 12, of Ibn Manzur's lexicon Lisan al-Arab Mansham was a woman from Hamadan who used to sell perfume. Whenever the Arabs bought perfume from her, a war among them would intensify; so, she became proverbial in ill luck. __ Tr. [186] Ibn Abul-Hadid, Sharh Nahjul-Balagha, Vol. 1, p. 63. [187] Al-Bukhari, Sahih, Vol. 8, p. 91, and also in "The Book of Iman" in Muslim's Sahih. [188] Al-Bukhari's Sahih, Vol. 2, p. 36. [189] This is stated by Ibn Kathir in his Tarikh and by Ibn Abd al-Birr in his AlIsti`ab where he discusses the biography of Hujr b. `Adi. [190] This is what both Ibn Kathir states on p. 136, Vol. 7, of his Tarikh and alHakim on p. 13, Vol. 4, of his Al-Mustadrak. [191] Ibn Kathir, Tarikh, Vol. 7, p. 137. [192] Al-Bukhari, Sahih, Vol. 7, p. 90, in a volume dealing with etiquette in a chapter discussing the Hijra. [193] Imam Ahmad ibn Hanbal, Musnad, Vol. 6, p. 77. [194] Ahmad ibn Hanbal, Musnad, Vol. 6, p. 113. [195] Abbas Mahmud al-Aqqad, Abqariyyat Khalid, p. 24. [196] On p. 61, Vol. 2, of his Tarikh, al-Ya`qubi says that Abd al-Rahman said, "By Allah! It is Khalid who killed these people though they are Muslims." Khalid responded by saying, "Rather, I have killed them to avenge your father Awf ibn Abd Awf." Abd al-Rahman then said to him, "No, you did not avenge my father, but you avenged your uncle al-Faqih ibn al-Mugheerah." See, may Allah protect you, how Khalid did not deny that he killed those people although they were Muslims but rather admitted that he killed them seeking revenge for Awf, Abd alRahman's father. Does this, according to Allah's creed, permit him to massacre a group of people for the murder of one single man? Is it permissible to kill several Muslims for the killing of one kafir? [197] Al-Tabari, Al-Riyad al-Nadira, Vol. 1, p. 100. [198] Al-Bukhari, Sahih, Vol. 4, p. 325. [199] Zaynab was one of Imam Ali's daughters. [200] For more details of this plot, refer to al-Tabarsi's book Al-Ihtijaj. [201] Al-Bukhari, Sahih, Vol. 4, p. 175, where the author quotes Abu Hurayra talking about himself in a chapter dealing with the characteristics of Prophethood. [202] Al-Bukhari, Sahih, Vol. 1, p. 38, in a chapter on acquiring knowledge, and also on p. 2, Vol. 3, of the same reference. [203] Refer to the book titled Abu Hurayra by the Egyptian author Mahmud Abu Rayyah. [204] Ibn Abul-Hadid, Sharh Nahjul-Balagha, Vol. 4, p. 28. [205] Al-Bukhari, Sahih, Vol. 2, p. 232, in a chapter dealing with a fasting person who wakes up finding himself in the state of janaba. Malik, Muwatta', Vol. 1, p. 272. [206] This is stated in al-Dhahabi's book Siyar A`lam al-Nubala. [207] Ibn Abul-Hadid, Sharh Nahjul-Balagha, Vol. 4, p. 68. [208] Ibn Kathir, Al-Bidaya wal Nihaya, Vol. 8, p. 108.. [209] Al-Bukhari, Sahih, Vol. 7, p. 31. [210] Al-Bukhari, Sahih, Vol. 6, p. 190, in a chapter dealing with spending on the wife and children. [211] Ibn Abul-Hadid, Sharh Nahjul-Balagha, Vol. 4, p. 67. [212] Ibn Sa`d, Tabaqat, Vol. 2, p. 63. [213] Al-Bukhari, Sahih, Vol. 1, p. 38, in a chapter dealing with learning. [214] Ibid., Vol. 1, p. 37. [215] Al-Bukhari, Sahih, Vol. 1, p. 30. [216] Ibid. [217] Abu Hurayra was bi-lingual. He spoke Arabic (his mother tongue) and Amharic. __ Tr. [218] Al-Bukhari, Sahih, Vol. 3, p. 158, in a chapter dealing with children reaching the age of adolescence. It is also mentioned in a chapter on adolescence in the Book of Government of Muslim's Sahih. [219] The tradition of the standard is mentioned by al-Bukhari, Muslim, alTirmidhi, al-Nasa'i, Imam Ahmad ibn Hanbal, Abu Dawud, and all other traditionists. [220] Al-Tabari, Tarikh, Vol. 5, p. 40. Al-Suyuti,, Tarikh al-Khulafa, p. 104. Ibn Qutaybah, Tarikh. Ahmad, Musnad, Vol. 1, p. 75. [221] This statement was made by Umar ibn al-Khattab at the Prophet's Mosque in Medina shortly before his death. __ Tr. [222] Ibn Hajar, Fath al-Bari, Vol. 7, p. 586. [223] Muslim, Sahih, Vol. 6, p. 23. Al-Hakim, Mustadrak, Vol. 2, p. 156. AlBayhaqi, Sunan, Vol. 8, p. 144. [224] This is recorded in Muslim's Sahih, in al-Bayhaqi's Sunan, and in Ibn Majah's Sunan. [225] Ibn Sa`d, Tabaqat, Vol. 3, p. 248. [226] Al-Baladhuri, Ansab al-Ashraf, Vol. 5, p. 31. Ibn Abd al-Birr, Al-Isti`ab, Vol. 2, p. 396. Usd al-Ghabah, Vol. 3, p. 289. [227] Did Allah and His Messenger enjoin swearing the oath of allegiance to adulterers and criminals? Or did He enjoin swearing it to the righteous when He said, "Surely Allah is your Wali and His Messenger and those who believe who uphold the prayers and who pay the zakat even as they prostrate"? [228] How we wish Ibn Umar had said the same to Talhah and al-Zubayr who reneged from their oath of allegiance to Ali and fought him, and how we wish "Ahl al-Sunnah wal Jama`ah" acted according to this tradition in classifying men! If violating the oath of allegiance is one of the greatest sins which follow apostasy, what is the fate of Talhah and al-Zubayr who did not only violate their oath of allegiance but also violated people's honor, killed innocent people and confiscated their wealth, and betrayed the promise? [229] Al-Bukhari, Sahih, Vol. 1, p. 166. Ahmad, Musnad, Vol. 2, p. 96. AlBayhaqi, Sunan, Vol. 8, p. 159. [230] Ibn Asakir, Tarikh, Vol. 4, p. 81. [231] Ibn Qutaybah. Tarikh al-Khulafa, Vol. 2, p. 26. [232] Al-Tirmidhi, Sahih, Vol. 9, p. 64. [233] Al-Tirmidhi, Sahih, Vol. 9, p. 64. Imam Ahmad ibn Hanbal, Musnad, Vol. 2, p. 91. [234] Ibn Sa`d, Al-Tabaqat al-Kubra, Vol. 4, p. 110. Ibn Hazm, Al-Muhalla, Vol. 4, p. 213. [235] Ibn Sa`d, Al-Tabaqat al-Kubra, Vol. 4, p. 110. [236] Ibn Hajar states this fact on p. 39 of his book Al-Fath al-Bari. [237] Al-Suyuti quotes this statement in his book Kanz al-Ummal, and it is quoted in the history books of both Ibn Asakir and al-Dhahabi. To know the other references with the number of their pages and volumes, refer to the chapter in this book dealing with the twelve successors according to the Sunnis. [238] Abu Dawud, Sunan, Vol. 1, p. 289. Al-Bayhaqi, Sunan, Vol. 5, p. 25. Imam Ahmad ibn Hanbal, Musnad, Vol. 2, p. 29. [239] Al-Bukhari, Sahih. Muslim, Sahih, Vol. 5, p. 21. [240] This is recorded by al-Bukhari in his Sahih in a chapter dealing with the virtues of walking behind borne coffins in his Kitab al-Janaaiz (Book of Borne Coffins). [241] Ibn Abul-Hadid, Sharh Nahjul-Balagha, Vol. 1, p. 358. Al-Mas'udi, Tarikh, Vol. 5, p. 163. [242] Al-Mas`udi, Tarikh, Vol. 5, p. 185. Ibn Abul-Hadid, Sharh Nahjul-Balagha, Vol. 4, p. 487. [243] In his old age, Ibn Abbas grew blind. As for telling Abdullah ibn al-Zubayr to go and ask his mother, it is due to the fact that his father, Ibn al-Zubayr, had a mut`a marriage with Asmaa, and Abdullah himself was the product of that mut`a marriage. It is said that Abdullah did, indeed, go to his mother whom he asked about it. She said to him, "Did I not prohibit you from coming in contact with Ibn Abbas who best knows the Arabs' defects?" [244] Jalal al-Din al-Suyuti quotes this hadith in his exegesis of the Holy Qur'an titled Al-Durr al-Manthur as he explains the meaning of Surat al-Bayyinah According to Shi`as, the Prophet's Sunnah does not Contradict the Qur'an Having researched the faith of both parties, i.e. that of the Shi`as as well as that of "Ahl al-Sunnah wal Jama`a," we found out that the Shi`as derive all their juristic injunctions only from the Holy Qur'an and the Prophet's Sunnah. Then they put the Holy Qur'an first and the Prophet's Sunnah second. We mean, by saying so, that they submit the Sunnah to scrutiny, comparing it with the Book of Allah, the Exalted One. They accept it when it agrees with Allah's Book and they act accordingly while rejecting and disregarding it when it contradicts it. In doing so, Shi`as refer to what the Imams from Ahl al-Bayt, peace be upon them, have sanctioned for them. These Imams do so in accordance with the hadith they narrate from their grandfather the Messenger of Allah wherein he says, "If someone quotes one of my ahadith to you, compare it with the Book of Allah. If it agrees with Allah's Book, act according to it, and if it disagrees with Allah's Book, discard it."[245] Imam Ja`far al-Sadiq, peace be upon him, has quite often said, "Any hadith which does not agree with the Qur'an is nothing but a trifling." Usul al-Kafi indicates that the Prophet delivered a sermon once at Mina wherein he said, "O people! Anything you hear about me which agrees with the Book of Allah is something which I said, and whatever you hear about me which contradicts the Book of Allah is something which I never said." Upon such foundation have the Shi`as set up the foundations of their jurisprudence and creed. No matter how accurate theisnad of one hadith may be, they still weigh it thus, comparing it with the Book which no falsehood can approach from before it or from behind it. And Imamite Shi`as are the only ones among the followers of Islamic sects who insist on such a prerequisite especially in a field wherein narrations and stories contradict one another. In his book Tasheeh al-I`tiqad, Shaykh al-Mufeed says, "The Book of Allah, the most Exalted One, is given preference overahadith and narrations. It is the final judge in as far as the authenticity of narrations, or the lack thereof, is concerned. Only its decision is correct." According to this condition, that is, comparing the hadith with the Book of Allah, the most Exalted One, Shi`as differ from "Ahl al-Sunnah wal Jama`a" with regard to many fiqh-related injunctions as well as many beliefs. Any researcher will find out that the ahkam and beliefs of the Shi`as are in total agreement with the Book of Allah, unlike the case with "Ahl al-Sunnah wal Jama`a." One who thoroughly researches this issue will find the beliefs and injunctions upheld by the latter clearly contradict the Holy Qur'an. You will come to know the truth in this regard, and we will shortly provide you with some of our own proofs, Insha-Allah. The researcher, therefore, will also come to understand that the Shi`as do not label any of their books of hadith as "Sahih" or grant it the sanctity they grant the Holy Qur'an as is the case with "Ahl al-Sunnah wal Jama`a" who brand as "Sahih" all theahadith narrated by al-Bukhari and Muslim although they have among them hundreds of ahadith which contradict the Book of Allah. Suffices you to know that the book titled Al-Kafi, though written by a great author, namely Muhammad ibn Ya`qoob al-Kulayni, who delved in depth in the science of hadith, Shi`a`ulema never claim that all what is compiled in it is "Sahih," authentic. Rather, some of their scholars have discredited and labelled as "unauthentic" half of its contents. Even the author ofAl-Kafi himself does not claim that all the ahadith he compiled in his book are authentic. All this may be the outcome of the policy of the caliphs with regard to each of these two groups. "Ahl al-Sunnah wal Jama`a," on one hand, followed in the footsteps of religious leaders who were ignorant of the Sunnah and of the injunctions of the Holy Qur'an, or they knew them but preferred to follow their own ijtihad, thus contradicting the existing texts for various reasons some of which we have already explained above. Shi`as, on the other hand, emulated the purified Progeny of the Prophet who were the peers of the Holy Qur'an and the ones who explained it. Shi`as do not contradict these Imams, nor do they differ among themselves in this regard. Can they [at all] be (like) those who accept a Clear (Sign) from their Lord, and who are taught by a witness from Himself, as did the Book of Moses before it, [who was] a guide and a mercy? (Holy Qur'an, 11:17) Surely Allah has said the truth. [245] The exact words of the Prophet were: "... slam it on the wall," an expression the Arabs use meaning "discard" or "ignore" it. __ Tr. The Sunnah and the Qur'an According to "Ahl al-Sunnah wal Jama`a" Having come to know that Imamite Shi`as give preference to the Qur'an over the Sunnah, making it the final judge and the dominating authority, "Ahl al-Sunnah wal Jama`a" are exactly the opposite: they advance the Sunnah over the Qur'an, making it the final judge, the ultimate authority. We come to this conclusion when we observe how they call themselves "Ahl al-Sunnah," followers of the Sunnah, due to the line of thinking which they adopted; otherwise, why did they not say that they were the followers of the Qur'an and the Sunnah especially since they narrate in their books saying that the Prophet had said, "I have left among you the Book of Allah and my Sunnah"? Because the Sunnis neglected the Qur'an and gave it the back seat, upholding the alleged Sunnah and giving it the front seat, we understand the main reason why they now say that the Sunnah over-rules the Qur'an, which is quite odd. I think they found themselves forced to do so when they discovered that they were doing things which contradicted the Qur'an, things which they made up after the rulers they obeyed forced them to act upon them. In order to justify doing those things, they fabricated ahadith which they falsely attributed to the Prophet. And since those ahadith contradict the injunctions of the Qur'an, they claim that the Sunnah over-rules the Qur'an, and that it abrogates the Qur'an. Let me give you a clear example of what every Muslim individual does many times daily: the ablution (wudu) that precedes the prayers: The Holy Qur'an states the following: "O you who believe! When you stand for the prayers, wash your faces and hands to the elbows and wipe your heads and feet to the ankles" (Holy Qur'an, 5:6). No matter how much is said, and regardless of where the accent marks are placed when one recites [the original Arabic text of] this verse, al-Fakhr al-Razi, who is one of the most famous scholars of Arabic among "Ahl al-Sunnah wal Jama`a," has said that the feet have to be rubbed (or wiped).[246] Ibn Hazm has also said, "Whether the accent mark is placed underneath or above the laam, it is at any rate an injunction joining the heads in the same action (as that done to the feet), and no other possibility is valid."[247] Yet although he admits that the Qur'an mandates the rubbing of the feet in either case, al-Fakhr al-Razi is found fanatically supporting his Sunni sect and saying, "... but the Sunnah came to mandate the washing of the feet, thus abrogating the Qur'an."[248] Such an example of the alleged Sunnah which over-rules or abrogates the Qur'an has many similar examples to be found with "Ahl al-Sunnah wal Jama`a." Quite a few fabricatedahadith idle Allah's commandments based on the [false] claim that the Messenger of Allah was the one who abrogated it. If we examine the verse referring to the ablution in Surat al-Maaida and take into consideration the consensus of Muslims that this Sura was the very last one revealed of the Holy Qur'an__it is said that it was revealed only two months before the demise of the Prophet __how and when did the Prophet abrogate the injunction in it referring to ablution?! The Prophet had already spent twenty-three years performing his ablution, rubbing (not washing) his feet, doing so many times each day; is it reasonable to accept that only two months before his death, and after his having received the verse saying, "... and wipe your heads and feet," he deliberately washed his feet contrarily to the commandment revealed in Allah's Book?! This is unbelievable... How can people believe that such a Prophet invited them to uphold the Book of Allah and to act according to it, telling them, "This Book guides to what is best," actually does the opposite of what the Qur'an enjoins?! Would his opponents, the polytheists and the hypocrites, then say to him, "Since you yourself do the opposite of what the Qur'an enjoins, how can you order us to follow it?!" The Prophet would then find himself in an embarrassing situation, not knowing how to refute their argument; so, we do not believe such a claim, a claim which reason and tradition reject and is rejected by anyone who knows the Book of Allah and the Sunnah of His Messenger. But "Ahl al-Sunnah wal Jama`a" who, as we have come to know in past researches, are in fact Umayyad rulers and those who followed in their footsteps, deliberately fabricated manyahadith which they attributed to the Prophet in order to thus justify the views and the ijtihad of the imams of misguidance, and to bestow upon the latter religious sanctity. They did so in order to justify the ijtihad of such persons versus the available texts, claiming that the Prophet himself had adopted ijtihad(and followed his own personal views) contrarily to the Qur'anic texts, thus abrogating whatever he desired of such texts. Those who harbored bid`as would thus derive their legitimacy in contradicting the Qur'anic texts. They claim that they only follow the Prophet, something which is quite untrue; it is simply a lie. In a previous research, we provided strong proofs and arguments that the Messenger of Allah never, not even for one day, followed his own view, nor did he ever adopt the principle of qiyas; rather, he always waited for revelation. This is proven by the verse saying, "... so that you may judge between people according to what Allah has taught you" (Holy Qur'an, 4:105)"[249]. After all, is he not the one who cited His Lord saying, "And when Our clear Signs are recited to them, those who do not wish for the meeting with Us say: Bring us a Qur'an other than this one, or change it. Say: It is not for me to change it of my own accord; I only follow what is revealed to me. I fear lest I should disobey my Lord the torment of a great Day" (Holy Qur'an, 10:15"? Did his Lord not threaten him in the strongest terms against his trying to attribute one single word to Allah? He, the Sublime, the most Exalted One, said, "And had he fabricated against Us any statement, We would certainly have seized him by the right hand, then We would certainly have cut off his aorta, and none of you could then have withheld Us from him" (Holy Qur'an, 69:44-47). Such is the Holy Qur'an, and such is the Prophet whose conduct was the embodiment of the injunctions of the Holy Qur'an. But "Ahl al-Sunnah wal Jama`a,"[250] because of the intensity of their animosity towards Ali ibn Abu Talib and Ahl al-Bayt (peace be upon them), deliberately contradicted the latter in everything, so much so that their motto was to oppose Ali and his Shi`as in every aspect, even if that meant contradicting a Sunnah which they themselves regard as authentic.[251] Since Imam Ali was famous for reciting the basmala audibly even while reciting the inaudible prayers in order to revive the Prophet's Sunnah, a number of the sahaba expressed their view that it is makrooh to recite it in the prayers. So is the case with regard to holding the hands versus placing them on the sides, the supplication during the qunoot, in addition to other issues relevant to the daily prayers. Anas ibn Malik, therefore, used to weep and complain thus: "By Allah! I hardly find anything being done anymore which the Messenger of Allah used to do." He was asked, "What about the prayers?" He said, "You have altered it, too."[252] What is strange is that "Ahl al-Sunnah wal Jama`a" remain silent about such differences: Their four sects differ with one another, yet they do not find anything wrong with it, saying that their differences are a mercy. Yet they scandalize the Shi`as whenever the latter differ from them about any issue; it is then that mercy turns into a calamity. They do not endorse except the views of their Imams although the latter are no match to the Imams from the purified Progeny of the Prophet in their knowledge, deeds, merits, or dignity. Just as we have indicated with regard to washing the feet [versus wiping them], and despite the fact that their books testify that rubbing is what the Holy Qur'an enjoins, and that it is also the Sunnah of the Prophet,[253] they resent the Shi`as doing any of that, accusing them of interpreting the Qur'an and contradicting the creed. The second example which has also to be mentioned is themut`a marriage to which the Holy Qur'an refers and which was sanctioned by the Prophet's Sunnah. In order to justify Umar's following his own ijtihad in this regard and his prohibition of it, they invented a false tradition which they attributed to the Prophet. They aimed by it to scandalize the Shi`as for permitting such marriage relying on the hadith narrated by Imam Ali ibn Abu Talib, peace be upon him. Add to this the fact that theirSahih books testify that the sahaba practiced it during the life of the Messenger of Allah and during the reign of Abu Bakr and a portion of the reign of Umar before the latter outlawed it. They also testify that the sahaba differed among themselves about it: some permitting it while others prohibiting it. Arguments in this subject are quite numerous. They prove that the Sunnis abrogate the Qur'anic text through their use of false traditions. We have stated a couple such examples, and our objective is to remove the curtain from the sect followed by "Ahl al-Sunnah wal Jama`a" and acquaint the reader with the fact that the Sunnis prefer hadith over the Holy Qur'an and openly say that the Sunnah over-rides the Qur'an. The jurist Imam Abdullah ibn Muslim ibn Qutaybah, traditionist and jurist of "Ahl al-Sunnah wal Jama`a," who died in 276 A.H./889 A.D., openly says, "The Sunnah overrides the Book (Qur'an); the Book does not override the Sunnah."[254] The author of the book titled Maqalat al-Islamiyyeen cites Imam al-Ash`ari, the chief Imam of "Ahl al-Sunnah wal Jama`a" with regard to the usool saying, "The Sunnah abrogates the Qur'an and cancels its injunctions, whereas the Qur'an neither abrogates nor cancels the Sunnah."[255] Ibn Abd al-Birr also says that Imam al-Awza`i, one of the major Imams of "Ahl alSunnah wal Jama`a," has said, "The Qur'an is more in need of the Sunnah than the Sunnah of the Qur'an."[256] Since statements like these testify to their creed, it is quite natural that these folks contradict what is said by Ahl al-Bayt in as far as comparing the hadith with the Book of Allah and weighing it accordingly. The Qur'an is the one that determines the Sunnah. It is also natural that they reject these traditions and refuse to accept them, even though they were narrated by the Imams from Ahl al-Bayt, simply because they undermine their sect entirely. Al-Bayhaqi, in his book Dala'il al-Nubuwwah, transmits saying that the tradition wherein the Prophet says, "If you come across one hadith reported about me, compare it with the Book of Allah," says, "This tradition is false and inaccurate, and it is self-contradictory, for there is no evidence in the Qur'an suggesting making a comparison between the hadith and the Qur'an." Ibn Abd al-Birr quotes Abd al-Rahman ibn Mahdi saying that the tradition in which the Prophet is quoted saying, "Whenever I am quoted to you, compare it with the Book of Allah; if it agrees with the Book of Allah, then I have said it, but if it contradicts the Book of Allah, then I never said it," cannot be accepted by people of knowledge as having been authentic, especially since traditions to its contrary have been authenticated. He concludes by saying that atheists and Kharijites were the ones who fabricated it.[257] Notice such blind fanaticism which leaves no room for scientifically verifying something and the yielding to the finding: they label the narrators of this tradition, who are the Imams of guidance from the purified Progeny of the Prophet, as atheists and Kharijites, accusing them of fabricating hadith! Can we ask them, "What is the goal of atheists and Kharijites behind fabricating this tradition which makes the Book of Allah, the one which falsehood can never approach from the front or the back, the reference for everything?! Any fair-minded wise person would even sympathize with these so-called "atheists" and "Kharijites" who thus glorify the Book of Allah and give it the highest status to derive legislation therefrom rather than with such "Ahl al-Sunnah wal Jama`a" who put an end to the Book of Allah through the medium of false traditions and abrogate its injunctions through alleged innovations. A grievous word, indeed, comes out of their mouths; surely what they utter is a lie. (Holy Qur'an, 18:5) Those whom they label as "atheists" and "Kharijites" are none other than the Imams of the Prophet's family, the Imams of guidance, the lanterns that shatter the dark, the ones who were described by their grandfather the Messenger of Allah as the security of the nation against dissension: if one tribe differs from them, it will become the party of Satan. Their only "sin" is that they upheld the Sunnah of their grandfather and rejected anything besides it of innovations introduced by Abu Bakr, Umar, Uthman, Mu`awiyah, Yazid, Marwan, and Banu Umayyah. Since the ruling authority was in the hands of the afore-mentioned individuals, it is only natural that they condemned their opponents, labelling them as "Kharijites" and "atheists," fighting and denouncing them. Were not Ali and Ahl al-Bayt cursed from their pulpits for eighty years? Did they not poison Imam al-Hasan ? Did they not kill Imam al-Husayn and his offspring? Let us not go back to discuss the tragedy of Ahl al-Bayt, injustice to whom is still ongoing, and let us go back to those who call themselves "Ahl al-Sunnah wal Jama`a" and who reject the hadith enjoining comparing the Sunnah with the Qur'an. Why did they not label Abu Bakr "al-Siddeeq" a Kharijites since it was he who burnt the hadith then delivered a sermon in which he said, "You quote ahadith about the Messenger of Allah regarding which you differ with one another, and people after you will be more intense in their differences; so, do not quote anything about the Messenger of Allah. If anyone asks you, say: `Between us and you is the Book of Allah; so, follow what it permits and refrain from what it prohibits."[258] Did Abu Bakr not put the Sunnah ahead of the Qur'an? He even regarded it as the sole reference, rejecting the Sunnah altogether, claiming his reason for doing so was people differing among themselves about it. Why did they not call Umar ibn al-Khattab a Kharijite since he was the one who rejected the Sunnah from day one saying, "The Book of Allah suffices us"? He, too, burnt all what thesahaba had collected of the ahadith and sunan during his reign[259], going beyond that to forbidding the sahaba from publicly narrating hadith.[260] Why did they not call the mother of the faithful Ayesha, from whom they derive half of their creed, a Kharijite since she was the one who was famous for comparing the hadith with the Holy Qur'an? Whenever she heard one hadith with which she was not familiar, she would compare it with the Book of Allah and reject it if it contradicted the Qur'an. She, for example, objected when Umar ibn alKhattab quoted one hadith saying, "A dead person is tormented in his grave on account of his family weeping over him." She said to him, "Suffices you to refer to the Qur'an where it says: `No sin-bearing soul shall ever bear the sin of another.'"[261] She also rejected one hadith narrated by Abdullah ibn Umar saying that the Prophet came once to a cemetery where some atheists were buried after having been killed at the Battle of Badr and communicated with them then turned to his companions and said, "They most surely hear what I say." Ayesha denied the dead could hear. She said, "Rather, the Messenger of Allah said, `They now know that what I used to tell them is the truth,'" then she cited the following verse to testify to the falsehood of that tradition: "And surely you cannot make those in the graves hear you" (Holy Qur'an, 35:22).[262] She rejected many other ahadith. In each time, she would compare each hadith with the Book of Allah. Once someone told her that Muhammad had seen his Lord, so she said to him, "My hair stands on account of what you have just said... Where do you stand with regard to three things about which anyone who narrates a tradition lies: whoever tells you that Muhammad saw his Lord is a liar," then she cited the verse saying, "No vision can ever conceive him while He conceives all vision, and He knows the subtleties, the Aware (Holy Qur'an, 6:103), and also the verse saying, "And it is not for any mortal to speak to Allah except by revelation or from behind a barrier" (Holy Qur'an, 42:51). "And whoever tells you," she went on, "that he knows what tomorrow holds for him is a liar." Then she cited the verse saying, "No soul knows what it shall earn tomorrow" (Holy Qur'an, 31:34). "And whoever tells you," she continued, "that he kept any revelation for himself (without revealing it to others) is a liar," then she cited the verse saying, "O Messenger! Convey what has been revealed to you from your Lord" (Holy Qur'an, 5:67). Likewise, Abu Hurayra, the narrator of Ahl al-Sunnah, used to quite often narrate one hadith, then he would say: "Recite whatever you please of what the Exalted One says," then he compares his hadith with the text of the Book of Allah so that the listeners might believe him. So why don't "Ahl al-Sunnah wal Jama`ah" call all these persons "Kharijites" or "atheists" since they all compare the ahadith they hear with Allah's Book and falsify whatever contradicts the Qur'an?! Surely they would not dare to do that. But if the matter involves the Imams from Ahl al-Bayt, they will not hesitate to curse them and attribute shortcomings to them without these Imams having committed any sin other than comparing thehadith with the Book of Allah in order to expose those who fabricate and forge, those who wish to render Allah's commandments idle through the medium of false ahadith. They do so because they fully realize that had their ahadith been compared with Allah's Book, nine out of ten of them will be found contradicting the Book of Allah, and the remaining tenth, which agrees with the Book of Allah because it actually is the speech of the Prophet, they interpret it in a way which the Messenger never intended it. Examples include the hadithsaying, "The caliphs after me are twelve; all of them are from Quraysh," and the one saying, "Uphold the Sunnah of the righteous caliphs after me," and the one saying, "The differences among my nation are a mercy," besides many traditions whereby the Prophet meant to refer to the Imams from his purified Progeny. But they claimed they referred to their own usurping caliphs, and to some turn-coat sahaba. Even the titles which they attach to the sahaba, such as their calling Abu Bakr "alSiddeeq," Umar "al-Farooq," Uthman "Dhul-Noorayn," and Khalid "Sayf-Allah," all these titles were given by the Prophet to Ali; for example, he has said, "Thesiddeeqs are three: 1) Habib al-Najjar, the believer referred to in Surat Yasin, 2) Ezekiel, the believer who belonged to the family of Pharaoh, and 3) Ali ibn Abu Talib who is their best."[263] Ali himself used to say, "I am the greatest siddeeq; none says so besides me except a liar." And he also is the greatest farooqthrough whom Allah distinguished the truth from falsehood.[264] Did not the Messenger of Allah say that loving Ali is a sign of conviction, while hating him is a sign of hypocrisy, that the truth revolves around him wherever he went? As for the title of "Dhul-Noorayn,"[265] Ali, peace be upon him, is the father of alHasan and al-Husayn, peace be upon them, masters of the youths of Paradise, two lights that descended from the loins of Prophethood. As for "Sayf-Allah," Ali is the one who was described by Gabriel, peace be upon him, during the Battle of Uhud thus: "There is no youth like Ali, and there is no sword like Dhul-Fiqar." And Ali in truth is the sword of Allah whom He sent upon the polytheists to kill their heroes, arrest their brave warriors, and crush their noses till they submitted to the truth against their wish. He is the sword of Allah who never ran away from any battle, nor did he ever dread any duel. He is the one who opened the fort of Khaybar, a task that frustrated the most distinguished sahaba who had to flee away in defeat. The caliphate, since its inception, was based on isolating Ali and stripping him of all distinctions and merits. When Mu`awiyah ascended the seat of government, he went far in cursing and belittling Ali, elevating the status of his opponents, attributing to them each and every merit of Ali, including his titles, out of his perfidy and calumny. And who could at that time oppose Mu`awiyah or call him a liar especially since they agreed with him on cursing and condemning Ali, dissociating themselves from Ali? Mu`awiyah's followers from "Ahl al-Sunnah wal Jama`a" turned all facts upside down, so much so that right appeared to them as wrong and vice versa, to the extent that Ali and his Shi`as came to be labelled as Kharijites, and Rafizis the cursing and the killing of whom was permissible, while the enemies of Allah, of His Messenger, and of his Ahl al-Bayt came to be identified as the ones who adhere to the Sunnah..., so read and wonder, and if you have any doubts in this regard, research and investigate. The similitude of the two parties is like the blind and the deaf, the seeing and the hearing: are they alike? Will you not mind? (Holy Qur'an, 11:24) Surely Allah says the truth. [246] He says so in his book Al-Tafsir al-Kabir (the grand exegesis), Vol. 11, p. 161. [247] Ibn Hazm, Al-Muhalla, Vol. 3, p. 54. [248] Al-Fakhr al-Razi, Al-Tafsir al-Kabir, Vol. 11, p. 161. [249] Al-Bukhari, Sahih, Vol. 8, p. 148. [250] We mean those early ones who made a covenant with Ali and his offspring after him and who founded the sect of "Ahl al-Sunnah wal Jama`a." [251] We have discussed this issue in detail and quoted their own statements which they have published in their books as well as the statements of their imams in a book we called Ma`a al-Sadiqeen (So Let us be with the Truthful); so, it must be referred to it. [252] Al-Bukhari, Sahih, Vol. 1, p. 74. [253] Ibn Sa`d, Al-Tabaqat al-Kubra, Vol. 6, p. 191. [254] Al-Darimi, Sunan, Vol. 1, p. 145. Ibn Qutaybah, p. 199, in the section dealing with interpreting disputed traditions. [255] Maqalat al-Islamiyyeen, Vol. 2, p. 251. [256] Jami` Bayan al-`Ilm, Vol. 2, p. 234. [257] Jami` Bayan al-`Ilm, Vol. 2, p. 233. [258] Al-Dhahabi, Tadhkirat al-Huffaz, Vol. 1, p. 3. [259] Ibn Kathir, Kanz al-Ummal, Vol. 5, p. 237. Al-Dhahabi, Tadhkirat al-Huffaz, Vol. 1, p. 5. [260] Al-Dhahabi, Tadhkirat al-Huffaz, Vol. 1, p. 5. [261] This is quoted in al-Bukhari's Sahih in The Book of Coffins in a chapter dealing with the Prophet's hadith: "A dead person is tormented even by a little of the weeping of his family over him." It is also recorded in Muslim's Sahih in The Book of Coffins in a chapter dealing with a dead person tormented by his family grieving over him. [262] This is recorded in both al-Bukhari's and Muslim's Sahih books in The Book of Coffins written by each in the chapter referred to above. [263] This tradition is quoted on p. 223, Vol. 2, of al-Hasakani's book Shawahid alTanzil, Vol. 2, p. 223. on p. 417 of Ghayat al-Maram, p. 417. Al-Riyad al-Nadira, Vol. 2, p. 202. [264] This is indicated in al-Tabari's Tarikh in a chapter dealing with Ali's conviction. Ibn Majah, Sunan, Vol. 6, p. 44. Al-Nasa'i, Khasa'is. Al-Hakim, Mustadrak, Vol. 3, p. 112. [265] "Ahl al-Sunnah wal Jama`a" call Uthman "Dhul-Noorayn," justifying it by saying that he had married Ruqayya and Ummu Kulthoom who, according to them, were the Prophet's daughters. This is not true. The truth is that they were his stepdaughters. Even if you suppose [erroneously] that they were his daughters, how can they be described as "noorayn," two lights, since the Prophet never narrated any of their merits? Why not attach this title to Fatima whom he described as the Leader and the light of all the women of the world? Why did they not call Ali "Dhul-Noor" based on such a premise? Prophet's Ahadith Reported by "Ahl al-Sunnah" Contradict One Another A researcher may come across numerous traditions attributed to the Prophet which are in fact nothing but bid`as invented by a number of companions after his demise. These were forced on people till the latter thought that they were, indeed, what the Prophet had indeed said and done. For this reason, most of these bid`as contradict one another, and they differ from the Qur'anic text; therefore, Sunni scholars felt obligated to interpret them and to say that the Prophet did this once, and once he did something else, and so on. For example, they say that he once offered his prayers reciting the basmala audibly and prayed another time without reciting the basmala, that he once wiped his feet while performing the ablution but washed them at another time, that he once put his right hand over his left one and once he put them both on his side... Some Sunnis went as far as saying that he did so deliberately in order to lighten the burden from his nation so that every Muslim could choose whatever mode of action suited him. This is nothing but falsehood rejected by Islam which was built on the principle of Tawhid, on unity of worship even in appearance: Islam did not permit anyone who is to wear theihram garb during the pilgrimage to put on whatever he liked, be it in shape or in color. Nor did Islam permit one who follows an Imam (during the prayers) to differ from him in his movements, be they standing, bowing, prostrating, or sitting. It is also falsehood because the purified Imams from Ahl al-Bayt reject such narrations and refuse to accept them when they permit people to differ with one another with regard to the rituals' form or context. If we go back to discuss the contradictions in the ahadithnarrated by "Ahl alSunnah wal Jama`a," we will find them quite numerous, beyond counting, and we will try to compile them in a special book Insha-Allah. As has been our habit, we would like to briefly mention some examples so that it may become clearer for the researcher the bases upon which "Ahl al-Sunnah wal Jama`a" established their sect and creed. In Muslim's Sahih, as in Sharh al-Muwatta' by Jalal ad-Din al-Suyuti, Anas ibn Malik is quoted saying, "I prayed once behind the Messenger of Allah, Abu Bakr, Umar, and Uthman, and I never heard any of them reciting Bismillahir-Rahmanir- Raheem." In another narration, it is said that the Messenger of Allah was not of the habit to audibly recite Bismillahir-Rahmanir-Raheem; this time this tradition is narrated by Anas ibn Qatadah, Thabit al-Banani and others. Each of these men traces the chain of its narrators back to the Prophet. But all these traditions contain quite a few variations in their wording. Some of them say that they did not reciteBismilaahir-RahmanirRahim, while others say they did not audibly recite it, while still others say that they were, indeed, reciting Bismillahir-Rahmanir-Rahim audibly. Still others say that they never left out the recitation of Bismillahir-Rahmanir-Rahim. Some of them say that they started their recitation with:Alhamdu Lillahi Rabbil Alameen. Then the compiler adds saying, "This is confusion with which no argument can stand on any ground with any faqih."[266] We wish to know the real reason behind such contradictions and confusion as admitted by the narrator himself, namely Anas ibn Malik, who used to be constantly in the company of the Prophet. He was the Prophet's hajib. He narrates once saying that the Messenger of Allah and the three caliphs used not to recite the basmala, yet he is quoted saying that they never left it out! This is the painful and regrettable truth with regard to what mostsahaba did while transmitting and narrating hadith: they followed the dictates of the political interests, seeking to please those who were in authority. There is no doubt that he narrated saying that they never recited the basmala; that was during the reign of Banu Umayyah who tried hard to alter the Sunnah of the Prophet. Ali ibn Abu Talib, though, persisted in upholding it. He tried very hard to keep it alive. Their policy was based on contradicting Ali in everything, doing the opposite what he used to do, so much so that he, peace be upon him, came to be famous for going to extremes in reciting the basmala even as he performed the inaudible prayers. This is not what we or other Shi`as claim; we have not relied in anything we have written except on the books and the statements of "Ahl al-Sunnah wal Jama`a." Imam al-Naisapuri, in his book Tafsir Ghara'ib al-Qur'an, after having mentioned Anas ibn Malik's contradictory narrations, says, "... and they contain another charge: that Ali (may Allah be pleased with him) used to go to extremes to audibly recite the basmala. When Banu Umayyah came to power, they went to extremes to prohibit such an audible recitation in an attempt to put an end to Ali ibn Abu Talib's influence. It is possible he (Anas ibn Malik) feared them, hence the contradiction in his statements."[267] Shaykh Abu Zuhra, too, made a statement almost similar to this one; he said, "The Umayyad regime must be responsible for the disappearance of a great deal of the influence of Ali (peace be upon him) on jurisdiction and on the issuing of verdicts simply because it is not rational to find them cursing Ali from the pulpits while leaving the scholars discussing his knowledge and transmitting his verdicts and whatever he told people, especially with regard to anything related to the foundations of the Islamic government."[268] So all Praise is due to Allah Who permitted the truth to be articulated by some of their own scholars who admitted that Ali used to go to extremes to audibly recite thebasmala. We can draw the conclusion that what caused him, peace be upon him, to go to extremes in reciting the basmala audibly was the fact that the rulers who preceded him had left it out either deliberately or inadvertently, and people followed suit, so it became an established custom, one, no doubt, which rendered the prayers invalid once the Basmala was deliberately left out; otherwise, Imam Ali (peace be upon him) would not have gone to extremes to articulate it even in his inaudible prayers. We also sense from reviewing Anas ibn Malik's traditions his attempts to be close to and to please Banu Umayyah who, in turn, praised him and showered him with wealth and even built him luxurious mansions simply because he, too, was an opponent of Ali (peace be upon him). He publicly demonstrated his hatred towards the Commander of the Faithful (peace be upon him) when he narrated the story of the roasted bird in which the Prophet is quoted supplicating thus: "O Allah! Bring me the one whom You love most to share this bird with," whereupon Ali came asking permission to enter, but thrice Anas refused to let him in. When the Prophet came to know in the fourth attempt, he asked Anas, "What caused you to do what you have done?" Anas said, "I was hoping it would be one of the Ansars instead."[269] Suffices this sahabi to hear the Prophet invoking his Lord to bring him the one whom He loves most, so Allah responds to his invocation when Ali (peace be upon him) comes to him. But the hatred borne by Anas towards him forces him to lie and to send Ali back claiming the Prophet had no need for him. And he repeated his lie three consecutive times only because he did not accept Ali (peace be upon him) as the one whom Allah loves most next only to His Messenger. But Ali forced the door open the fourth time and entered, whereupon the Prophet asked him, "O Ali! What kept you away from us?" "I came to see you," Ali answered, "but Anas sent me back thrice." The Prophet asked Anas, "What made you do that, O Anas?" He said, "O Messenger of Allah! I heard your supplication, and I wished it would be a man from my own people." History tells us beyond this incident that Anas remained hating Imam Ali as long as he lived, and that he was the one whose testimony was sought by Ali on "the Day of the Rahba" to testify to his having heard the Ghadeer hadith, but he concealed his testimony. It was then that the Imam (peace be upon him) invoked Allah to curse him: the man hardly left the place before being afflicted with leprosy. So how could Anas not be an opponent of Ali (peace be upon him) since he hated him so much and sought nearness to his enemies by dissociating himself from him? It is for all these reasons that his narration with regard to thebasmala came wreaking with his own loyalty to Mu`awiyah ibn Abu Sufyan; he says, "I prayed behind the Prophet, Abu Bakr, Umar, and Uthman...," meaning that he never accepted to pray behind Ali. This is exactly what Mu`awiyah and his Umayyad followers liked to hear; their objective was to elevate the name of these three caliphs and obliterate that of Ali (peace be upon him) and not even mention him in any hadith. Since it has been proven through the avenue of the purified Progeny and their followers that Ali (peace be upon him) used to audibly recite the basmala as part of Surat al-Fatiha and as an introduction to any other Sura besides it, and since it has also been proven through the avenue of "Ahl al-Sunnah wal Jama`a" that he used to go to extremes in reciting the basmala audibly even in his inaudible prayers..., all this proves that it is included in the authentic Sunnah: whoever leaves it out abandons his obligation and invalidates his prayers. Acting contrarily to the Sunnah is nothing but misguidance; "Whatever the Messenger gives you, accept it, and from whatever he forbids you, stay away" (Holy Qur'an, 59:7). After all this, we have a great deal of criticism of the traditions related by the sahaba which contradict the Sunnah of the Prophet. This criticism is backed by several proofs some of which we have already stated in our previous researchers, and we will mention the others in our forthcoming ones. What is important in all of this is that we should know that "Ahl al-Sunnah wal Jama`a" follow the statements and emulate the actions of the sahaba due to the following reasons: 1) They believe that their statements and actions are a binding Sunnah. 2) They erroneously think that whatever the sahaba said and did never disagreed with the Prophet's Sunnah. The sahabaused to judge according to their own views then attribute the same to the Prophet so that they may be able to influence people and shelter themselves against the opposition of those who opposed them. Ali ibn Abu Talib (peace be upon him) was their only opponent who tried his best during his caliphate to bring people back to the Sunnah of the Prophet by his statements, actions, and judicial decisions. Yet it was all in vain because they distracted him with crushing wars; he had hardly finished one war before they started another. He had hardly finished the Battle of the Camel before they started the Battle of Siffeen. And he had hardly finished the Battle of Siffeen before they started the Battle of Nahrawan. Once he finished it, they assassinated him as he stood at the [Kufa] mosque for prayers. Then Mu`awiyah came to power with the sole purpose of putting out Allah's light; so he tried his best to put an end to the Prophet's Sunnah which had been revived by Imam Ali (peace be upon him). He brought people back to the caliphs' innovations, especially those which he himself had initiated. He insulted Ali (peace be upon him) and cursed him so that nobody would mention him in anything other than infamy. Al-Mada'ini states that a sahabi came once to Mu`awiyah and said, "O commander of the faithful! Ali died, and there is nothing you should be apprehensive of. Why don't you put an end to the custom of cursing him?" Mu`awiyah said, "No, by Allah, I shall not stop it till youths grow gray hair and till children grow old doing the same." Al-Mada'ini says, "So they (Banu Umayyah) kept doing so for quite a long time, teaching their children at Qur'anic schools, as well as their women, servants, and slaves, to do likewise." Mu`awiyah succeeded a great deal in his plan to distance the Islamic nation, barring a few, from its wali and true leader, dragging them into antagonizing him and dissociating themselves from him. He made falsehood appear to them as the truth and convinced them that only they were the followers of the Sunnah, and that whoever accepted them as the masters and followed in the footsteps of Ali was a Kharijite, one who introduced abid`a. If the Commander of the Faithful Ali, the great man that he was, used to be cursed from the pulpits, and if people sought nearness to Allah by cursing and condemning him, how do you think the treatment meted to the Shi`as who followed him was? These were deprived of their share of public money; their houses were burnt; they were crucified on palm tree trunks, and some of them were buried alive. There is no power nor might except in Allah, the most Exalted One, the Great. Mu`awiyah, in my view, was a ring in the chain of the major plot and one of its chapters, but he more than anyone else succeeded in hiding the truth and turning facts upside down, bringing the nation back to its original Jahiliyya under the guise of Islam. It is noteworthy here to point out that he was more shrewd than any of his predecessors among the caliphs. He was a skilled actor who could play his part extremely well: sometimes he would cry till he influenced the minds of those in his presence into thinking that he was one of the ascetics and sincere servants of Allah. And sometimes he would demonstrate his cruelty and arrogance to the extent that those around him would see him as one of the greatest atheists. A bedouin may mistake him for a messenger from Allah! In order to complete our research, we can assess the extent of his cunning and shrewdness from a letter sent to Mu`awiyah by Muhammad son of Abu Bakr, and from his answer to it. We will also come to know from both letters facts which are indispensable to those who seek the truth. [266] This is the commentary of the author of Tanweer al-Hawalik: Sharh ala Muwatta' Malik. We say: All Praise is due to Allah when "a witness from her family testified" with regard to the confusion of and contradiction among their traditions. Just as he has said, the argument of none of their faqihs can be accepted. Rather, the argument stands with the purified Imams of Guidance who never differed from one another with regard to anything. [267] Al-Naisapuri, Tafsir Ghara'ib al-Qur'an, Vol. 1, p. 77, in a footnote commenting about al-Tabari's Tafsir. [268] Shaykh Abu Zuhra makes this statement on p. 161 of his book Al-Imam alSadiq. [269] This story is narrated by al-Hakim in his Mustadrak where he comments by saying, "This tradition is authentic according to both shaykhs [al-Bukhari and Muslim]." Al-Tirmidhi cites it on p. 299, Vol. 2, of his Sahih. Al-Tabari quotes it on p. 160, Vol. 2, of his book Al-Riyad al-Nadira. It is also narrated on p. 171, Vol. 3, of Tarikh Baghdad. It is cited on p. 406, Vol. 6, of Kanz al-Ummal. It is quoted by al-Nasa'i on p. 5 of his book Al-Khasa'is, and it is stated on p. 30, Vol. 4, of Ibn al-Atheer's book Usd al-Ghaba. Muhammad ibn Abu Bakr's Letter to Mu`awiyah From Muhammad son of Abu Bakr to the sinner Mu`awiyah son of Sakhr: Peace of Allah unto those who obey Him from one who is peaceful to whoever accepts only Allah as his Master. In His Omnipotence, Greatness, Power and Might, Allah did not create the creation in vain, nor due to a weakness in Him, nor to a need to what He creates. Rather, He created His beings so that they may worship him. He let some of them sin while keeping others on the right guidance. Some of them He left to suffer, and to some He granted happiness. Then He knowingly chose from them Muhammad to be the sole bearer of His Message. He selected him to receive His revelation and entrusted him to carry out His commandments. He sent him as His Messenger, bearer of glad tidings, and warner, to testify to the divine Books which were revealed before his time, and to guide people to uphold His injunctions. So he invited people to accept his mission through wisdom and beautiful exhortation. The first to respond positively to his call, to obey him, to believe in him, to put his all at his disposal, and to be a Muslim, was his brother and cousin Ali ibn Abu Talib (peace be upon him). He believed him with regard to the knowledge of the unknown; he preferred him over everyone else he loved; he protected him with his own life; he solaced him in every precarious situation; he fought those whom he had fought and sought peace with those to whom he was peaceful. He never fled when death seemed imminent out of his love for his life; he came out as one unmatched in prowess; nobody could ever come close to what he undertook. I saw how you tried to reach his lofty status, though you are what you are, while he is the one who stood out above the rest as the foremost in the doing of anything good and in embracing Islam. His conviction was most sincere, his offspring the best among all people, his wife the best of all women, whose cousin was the very best, whose brother traded his life on the Day of Mu'ta for the Pleasure of Allah, whose uncle is the master of martyrs on the Day of Uhud, whose father defended the Messenger of Allah and his mission, whereas you are the accursed and the son of the accursed. You and your father have never ceased plotting to undermine the religion of Allah, trying, both of you, to put out the light of Allah, rallying others behind you, spending your wealth and seeking the support of other tribes. Thus did your father die, and in his footsteps are you now following. Those who testify against you are the very ones whom you seek to please, while those who resort to you are the pariahs from the remnants of parties, the leaders of hypocrisy, those who are the foremost in dissenting from the Messenger of Allah. Those who testify for Ali, though his virtues are quite obvious and merits eternal, are his supporters whom Allah, the Most Exalted One, mentioned and praised in the Qur'an over all others from the Muhajirs and the Ansars: they are with him battalions and valiant defenders, protecting him with their words, always ready to spill their blood to protect his, finding the truth in following him and perdition in opposing him. Woe unto you! How dare you set yourself as an equal to Ali while he is the heir of the Messenger of Allah, his wasi, the father of his offspring, the first among the people to follow him, the very closest to him? He shares with him his secrets; he unfolds his affairs before him, while you are his enemy and the son of his enemy! So enjoy your life as long as you can through the means of your falsehood, and let the son of al-As support your sinning, for your end seems to have come close, and your mischief seems to be waning: soon you will come to know who is to receive the lofty rewards! And be informed that you are plotting against your own Lord Whose Might you do not fear, from achieving Whose Mercy you have despaired, and He will soon take you by surprise while you remain in the deluge of your conceit. And peace be with whoever follows the right guidance.[270] * The above quoted letter written by Muhammad son of [first caliph] Abu Bakr contains irrefutable facts of interest to all seekers of the truth. It describes Mu`awiyah as a misguided and misguiding person, as an accursed and the son of an accursed man, and that he tries by all might and means to put Allah's light out, spending wealth to distort the creed, plotting against Allah's religion, and that he is the enemy of Allah and His Messenger who deals with falsehood assisted by Amr ibn al-As. This letter also unveils the virtues and merits of Ali (peace be upon him) which nobody else could claim in the past nor can anyone achieve in the future. In fact, Ali ibn Abu Talib (peace be upon him) has more virtues and merits than what Muhammad ibn Abu Bakr has counted here, but what concerns us most in this chapter is the answer he received from Mu`awiyah ibn Abu Sufyan. Such an answer will acquaint the seeker of the truth with what is hidden and plotted in history. We will uncover, once we read it, the threads of the plot that kept the caliphate out of the reach of its legitimate owner and that caused the nation to deviate; so, let us provide you with his answer. [270] Jamharat Rasaail al-Arab, Vol. 1, p. 475. Al-Mas`udi, Muruj al-Dhahab, Vol. 2, p. 59. Ibn Abul-Hadid, Sharh Nahjul Balagha, Vol. 1, p. 283. From Mu`awiyah son of Sakhr to the one who faults his own father, Muhammad son of Abu Bakr: Peace unto those who obey Allah. I have received your letter wherein you state what Allah has indicated of His Greatness, Might, and Omnipotence, and what He bestowed upon the Messenger of Allah, in addition to a great deal of talk which you authored to your own liking and which faults you and is offensive to your father. In it you stated the merits of the son of Abu Talib and his age-old feats and kinship to the Messenger of Allah, his having supported and solaced the Prophet in each and every precarious and perilous situation. Your argument against me was produced by you praising someone else rather than demonstrating your own merits; so, you should praise the Lord Who has deprived you of such merits and bestowed them upon someone else. I and your father used, during the life-time of our Prophet, to recognize the merits of Abu Talib's son, and the fact that his feats were greater than ours. When Allah chose for His Prophet (upon whom be peace and blessings) that which He has with him, completing His promise to him, permitting his mission to supersede that of all others, making his argument the uppermost, Allah caused him (blessings of Allah be upon him) to die. Your father and his Farooq were the first to snatch his right away from him and dispute with him regarding what rightfully belonged to him. This is something which they both agreed upon and for which they coordinated their efforts. Then they invited him to swear the oath of allegiance to them, but he slackened and was hesitant, so they harbored evil intentions against him and plotted to kill him. He, therefore, swore the oath of allegiance to them later on and yielded. Then their third person, Uthman, stood up to follow their guidance and walk in their footsteps, whereupon you and your friend faulted him for doing so. You did so to the extent that [you caused] even those who went to extremes in sinning to covet his post. You both harbored evil intentions against him till you achieved your common goal. So be on your guard, O son of Abu Bakr, for you will see the evil of your affair. And do measure your span according to your own measure: you will then neither equal nor parallel one whose vision weighs as much as a mountain. Do not incline to overpower him, for even the most far-sighted person cannot realize the limits of his patience. It was your father who paved for him what he paved, building his domain. If our condition is sound, your father is the first to receive credit for it, but if it is oppression, then your father went to extremes in oppressing, and we all are his accomplices: It was his guidance that we followed and whose conduct we emulated. Had it not been for what your father had done, we would not have disputed with the son of Abu Talib, and we would have surrendered to him. But we found your father doing so before us; therefore, we followed his example and emulated his deeds. Find fault with your father, then, for what he did, or refrain, and peace be with whoever returns to his senses, to the right guidance, and who repents.[271] We conclude from reading this reply that Mu`awiyah does not deny any of the merits and feats of Ali ibn Abu Talib, but he dared to oppose him only to follow the path of Abu Bakr and Umar. Without the latter, he would not have undermined Ali's status, nor would anyone else have. Mu`awiyah also admits that Abu Bakr was the one who had paved for the government of Banu Umayyah and who set the foundations of their authority. We also understand from this letter that Mu`awiyah did not emulate the Messenger of Allah, nor did he follow his guidance, admitting that Uthman followed the guidance of Abu Bakr and Umar, and that he followed in their footsteps. Thus does it become quite obvious to us that they all had abandoned the Sunnah of the Prophet, each following the bid`aof the other. Mu`awiyah did not even deny his being a misguided person who traded in falsehood. Nor did he deny the fact that he and his father were cursed by the Prophet... In order to generalize the benefit for everyone, there is no harm in mentioning the letter sent by Yazid son of Mu`awiyah to Umar's son [Abdullah] which, though brief, drives to the same conclusion. In his Tarikh, al-Baladhuri states the following: Once al-Husayn ibn Ali ibn Abu Talib (peace be upon both of them) was killed, Abdullah ibn Umar wrote a letter to Yazid ibn Mu`awiyah saying: "The calamity has surely intensified, and so has the catastrophe. An event of a great import has taken place in the history of Islam. No day can ever be like the day when al-Husayn was killed." Yazid answered him saying, "You, fool! We only came to homes improved, beds prepared, and pillows piled up, so we fought over them! If right is on our side, then we simply defended our own right. But if right belongs to others, then your father was the first to start such a tradition, confiscating for himself that which belonged to others." * In Mu`awiyah's answer to the letter he received from Abu Bakr's son, as is the case with Yazid's answer to the letter he received from Umar's son, we find the same logic and the same argument. By my life, this is a necessity sanctioned by conscience and realized by any rational person, and it does not need, in truth, any testimony from Mu`awiyah or from his son Yazid. Had it not been for the usurpation by Abu Bakr and Umar of Ali's right, no such a tragedy would have taken place in the history of the Islamic nation. And had Ali ascended the caliphate following the demise of the Messenger of Allah and ruled the Muslims, his caliphate would have lasted till the year 40 A.H./660 A.D., that is, for thirty years.[272] Such a period of time would have been sufficient to set the foundations of Islam in all its roots and branches, and he, peace be upon him, would have been able to implement the injunctions embedded in the Book of Allah and the Sunnah of His Messenger without anyone's distortion or personal interpretation. When the caliphate, after Ali's demise, fell to the hands of persons other than the masters of the youth of Paradise, namely Imam al-Hasan and Imam al-Husayn, then to the remaining infallible Imams from his progeny (peace be upon them all), the government of the righteous caliphs would have continued for three full centuries. After that, the unbelievers, the hypocrites, and the atheists would never have had any influence or existence. The earth would have been a different one, and the servants of Allah would also have been different; so, there is no might nor power except in Allah, the most Exalted One, the Great. Remains to be discussed is an objection to this hypothesis raised by some "Ahl alSunnah wal Jama`ah" from two different angles: FIRST: They say that what happened was something chosen by Allah, and that had Allah willed to let Ali and the Imams from his offspring (peace be upon them) lead the Muslims, it would have been so. And they always repeat saying: "Good is whatever Allah wills." SECOND: They argue saying that had Ali become the caliph immediately after the Prophet and was followed by al-Hasan and al-Husayn, the caliphate would have turned hereditary, with sons inheriting their fathers, something the religion of Islam, which gave people the right of shura, does not sanction. In order to respond and to remove the confusion, we would like to state the following: FIRST: There is not a single proof that what happened was something desired and chosen by Allah; rather, arguments to the contrary are fixed in the Holy Qur'an and the Sunnah. The Qur'an, for example says, "Had the people of the towns believed and feared (their Lord), We would have opened unto them blessings from the heavens and the earth, but they disbelieved, so We overtook them for what they were doing" (Holy Qur'an, 7:96). The Holy Qur'an also states: "Had they upheld the Torah and the Gospel and that which was revealed to them from their Lord, they would have eaten from above them, and from beneath their feet. Some of them keep to the moderate course, while most of them are doers of evil" (Holy Qur'an, 5:66). The Almighty also says, "What would Allah do with tormenting you so long as you thank and believe in Him? And Allah is Appreciative, Knowing" (Holy Qur'an, 13:11). All these clear verses convey the meaning that deviation, be it on an individual basis or on that of groups and nations, is something that comes from the latter, not from Allah. There are proofs from the Prophet's Sunnah, too. The Messenger of Allah has said, "I have left among you the Book of Allah and my Progeny: so long as you uphold them (simultaneously), you will never stray after me." He has also said, "Let me write you a book beyond which you will never stray." He has also said, "My nation shall be divided into seventy-three sects all of which, with the exception of one, will go to hell." All these sacred traditions convey the meaning that the nation strays due to its own deviation and reluctance to accept what Allah has chosen for it. SECOND: Suppose the Islamic caliphate was hereditary, it is not as they conceive it, that is, the ruler oppresses his subjects then prior to his death installs his son and calls him the heir apparent to the throne, even when both the father and his son are sinners. Rather, it is a divine inheritance chosen by the Lord of the World from Whose knowledge nothing is excluded, not even the weight of a mustard seed. And it is concerns a good band selected by Allah Who granted it the Book and the wisdom in order to lead the people; He has said, "And We made them Imams guiding (people) as We order them, and We inspired to them the doing of good deeds, the upholding of the prayers, and the payment of zakat, and they worshipped Us" (Holy Qur'an, 21:73). Their claim that Islam does not sanction such a hereditary government, that it lets people apply shura, is false; it is not supported by facts or by history. Ironically, they fell exactly in the abominable hereditary system. Nobody took charge of the nation following the death of Imam Ali except the oppressors and usurpers who handed power over to their sinning offspring despite the will of the nation. So which party is better: should the sinners who judge according to their own views and who submit only to their desires inherit it, or should the purified Imams whom Allah chose and from whom He removed all uncleanness, bestowing the knowledge of the Book upon them so that they might judge between the people with the truth and guide them to the right path and enable them to enter the Gardens of Eternity? Allah has said, "And Solomon was David's heir" (Holy Qur'an, 27:16). I do not doubt that any rational person would choose anything but the second option, provided he is a Muslim! Since we are talking about the status quo, we cannot benefit from sighing over what has passed; so, let us resume the discussion of our topic to state the following: Having succeeded in distancing the Commander of the Faithful from his post as caliph and in usurping the government for themselves, Abu Bakr and Umar belittled and insulted Ali, Fatima, and Ahl al-Bayt, peace be upon all of them. It was then that Mu`awiyah's task, as well as that of Yazid, Abd al-Malik ibn Marwan and their likes, became very easy. They both facilitated for Mu`awiyah and empowered him in the land till he remained the ruler of Syria for more than twenty years. He was never deposed. He attained power over the people, bending their necks to him and forcing them to do his bidding. Then he handed the caliphate over to his son who, as he himself admitted (as cited above), found improved homes, spread beds, and pillows piled up; so, it was only natural that he should fight for such largesse and kill the fragrant flower of the Prophet without feeling remorseful. He had suckled the milk of his mother Maysoon which was filled with hatred towards Ahl al-Bayt, and he grew up in the lap of his father who was accustomed to cursing and condemning Ahl al-Bayt. No wonder, then, that he did what he did. Some poets admitted this same fact; one of them says: Had it not been for the swords sharpened by theKhaleefa[273], I would have announced interesting Statements about Muhammad's offspring, And that al-Husayn was killed on the Day of theSaqeefa... Any researcher investigating the government of Banu Umayyah will find credit for its establishment going to Abu Bakr and Umar. So is the case with the Abbaside and other ["Islamic"] governments as well. This is why we find the Umayyads and the Abbasides doing their best to laud Abu Bakr and Umar and invent virtues and attribute to them in order to prove their being most worthy of the caliphate. The Umayyads and the Abbasides simply realized that their legitimacy could not be justified unless the caliphate of Abu Bakr and Umar was legitimized, and unless they both are described as fair and just. We also find all of them oppressing Ahl al-Bayt for no reason except their being the rightful owners of the caliphate. They, and only they, threatened their existence and authority. This is common knowledge with rational people who know the truth. You can see nowadays some Islamic governments headed by kings who have neither merits nor virtues except their being the offspring of kings, sultans, and emirs just as Yazid was an emir when his father Mu`awiyah was a king who forced his authority on the nation by coercion. So it is not reasonable to expect the kings and princess of Saudi Arabia to love Ahl al-Bayt and those who follow them. And it is not reasonable to expect Saudi kings and princes to hate Mu`awiyah and Yazid and the constitution they set up for the ascension of the throne as well as other institutions. It is from the constitution established by Mu`awiyah and Yazid and the rest of Umayyad and Abbaside rulers that our contemporary monarchs derive their legitimacy and justify their continuity. It is from here, too, that the custom of sanctifying and favoring the three caliphs came. They are always described as just, and they are always defended. Nobody is permitted to criticize them or find any fault with them because they are the foundation upon which all governments since the Day of the Saqeefa were and will be established till Allah reigns as the Sole Ruler of the earth and everyone on it. Upon such a basis do we come to understand why they chose for themselves the title of "Ahl al-Sunnah wal Jama`ah" while labelling others as Rafizis or atheists. This is so because Ali and his Ahl al-Bayt rejected their government, refused to swear the oath of allegiance to them, and argued with them on every occasion. The rulers, therefore, took to belittling and despising, cursing and condemning, killing and expelling them... It is through loving Ahl al-Bayt, according to the Holy Qur'an, that we can express our gratitude to Allah for having blessed us with His Divine Message. So, if they were meted with such insults and killing, no wonder, then, that their Shi`as and those who accept them as the masters and are guided through them are meted with such oppression, persecution, discrimination, insults and excommunication. The outcome: One who is rightful is turned into an antagonized pariah, while followers of misguidance become role models and masters obedience to whom is mandatory on everyone. Hence, whoever accepted them as the masters and followed Ali is labelled as the follower of bid`a, whereas whoever accepted the mastership of and followed Mu`awiyah is called a follower of the Sunnah and consensus...! All Praise is due to Allah Who granted us reason whereby we can distinguish between truth and falsehood, light and darkness, black and white, and surely my Lord is on a Straight Path. The blind and the seeing are not alike, nor are the darkness and the light, nor are the shade and the heat, nor are the living and the dead. Surely Allah makes whomsoever He pleases hear: you cannot make those in the graves hear. (Holy Qur'an, 35:19-22) Surely Allah says the truth. [271] Jamharat Rasaail al-Arab, Vol. 1, p. 477. Al-Mas`udi, Muruj al-Dhahab, Vol. 2, p. 60. The Mu`tazilite scholar Ibn Abul-Hadid, Sharh Nahjul Balagha, Vol. 1, p. 284. [272] Abu Bakr, Umar, and Uthman died during the life-time of Imam Ali . [273] Arabic original of the loan word "caliph." The Sahaba According to the Followers of Ahl al-Bayt If we research the subject of the sahaba without prejudice or sensationalism, we will find the Shi`as viewing them as the Holy Qur'an, the Prophet's Sunnah, and reason view them. They neither regard all of them as unbelievers, as some extremists have done, nor do they accept all of them as equitable, as "Ahl alSunnah wal Jama`ah" have done. Imam Sharaf ad-Din al-Musawi[274] says the following in this regard: "Whoever researches our view with regard to the sahaba will find it the most moderate of views. We neither go to extremes in this regard as the ghulat have done, labelling them all as apostates, nor do we go to extremes in accepting them as trusted authorities as most [Sunni] Muslims have done. Those who attribute their perfection, as well as those who go to the opposite extreme and label them as apostates, are all in the same box. Sunnis are of the view that anyone who heard or saw the Prophet is absolutely equitable. They support their view from the tradition saying, `... whoever traversed or walked on the earth from them without any exception.' But as far as we are concerned, although we regard keeping company with the Prophet as a great honor, it, as is, does not render one infallible. Like all other men, the sahaba included equitable persons who are their scholars and greatest men, whereas some of them are hypocrites who committed crimes. The condition of some of them is unknown; so, we rely on the equitable ones among them and accept them as our masters in the life of this world as well as in the life to come. As for those who oppressed the wasi and the Prophet's brother, as well as all those who committed crimes such as Hind's son [Abu Sufyan], the son of the genius, the son of "the blue woman," the son of Uqbah, the son of Arta'a, etc., and their likes, these have nothing to be honored for, nor does their hadith hold water. It is of an undecided nature, and we have to carefully scrutinize it. "Such is our view with regard to the sahaba who narratehadith. The Qur'an and the Sunnah are our argument to pack this view as explained wherever appropriate in our books that deal with the basics of jurisprudence. But the majority of Muslims have gone too far in sanctifying the hadith they hear from any sahabi, so much so that they swayed from moderation and sought their arguments from those who are good as well as from those who are bad, blindly emulating every Muslim individual who had heard or seen the Prophet. They resented others who differed from them in going to such extremes and went beyond all limits in denouncing them. "How intense their denunciation of us when they find us rejecting the hadith of many sahaba whose integrity we publicly challenge or whose condition is not fully ascertained! While doing so, we simply follow the binding legislative obligation in verifying religious facts and looking for authentic Prophetic legacy. "It is for this reason that they cast doubt about us, piling their accusations on us, charging us with unfounded charges, vying with one another to remain in ignorance about us. Had they recalled their wisdom and consulted the bases of knowledge and scholarship, they would have come to know that equity as a basic ingredient in all the sahaba cannot be proven. Had they delved in depth into the meanings of the Qur'an, they would have found it full of references to a number of sahabihypocrites. Suffices you, for example, Surat al-Tawbah and Surat alAhzab." Dr. Hamid Hafni Dawood, Professor of Arabic Literature and Head of the Department of Arabic at Ayn Shams University in Cairo says, "As for the Shi`as, they view the sahaba as they view others: they do not distinguish between them and between the Muslims who came later till the Day of Judgment." The reason for that is their application of one set of rules whereby the deeds of the sahaba, as well as those of other generations that followed them, are measured. The mere quality of being a sahabi does not award anyone a particular merit except when one qualifies himself for such a merit and demonstrates his readiness to carry out the injunctions set by the one who introduced the Shari`a. Among the sahaba are those who are divinely protected against sinning, such as the Imams who were blessed to be in the company of the one who introduced the Shari`a. These include Ali and his sons (peace be upon them). And among them are the men of equity who maintain a beautiful company with Ali following the demise of the Messenger of Allah. Among the sahaba are those who are accurate in their ijtihad, while others among them erred in their ijtihad. Among them are those who sinned, those who turned atheists and whose views are uglier and more dangerous than those of the latter group. The circle of atheists includes the hypocrites and those who worshipped Allah only marginally. And among them were the disbelievers who never repented, as well as those who reneged after having embraced the Islamic creed. This means that the Shi`as, who constitute a great portion of the Muslim population, place all Muslims in one balance without differentiating between a sahabi, a tabi`i, or anyone else. To be a sahabi is not to have immunity against wrong beliefs. It is upon this strong foundation that they allowed themselves, out of their own ijtihad, to criticize the sahaba and to research the extent of their equity. They also permitted themselves to cast doubt about a number of sahaba who violated the conditions of such companionship and who deviated from the path of loving the Progeny of Muhammad. Why not? The greatest Messenger, after all, has said, "I am leaving among you that which, so long as you adhere to them both, you shall never stray: the Book of Allah and my `itra, my Progeny. They shall never part from one another till they rejoin me at the Pool [of Kawthar]; so, see how you succeed me in faring with them." Upon this and similar hadith, they find many sahaba as having violated this hadith by oppressing Muhammad's Progeny, and by cursing some members of such Progeny; so, how can the honor of companionship be sound for such violators, and how can they be branded as equitable? This is the summary of the view held by Shi`as in rejecting the equity of some sahaba, and these are the factual scholarly proofs whereupon they built their arguments. Dr. Hamid Hafni Dawood admits somewhere else that to criticize the sahaba and to find fault with them is not a bid`ainvented by the Shi`as alone. He goes further to say, "Since the beginning, the Mu`tazilites dealt with the same while discussing the issues relevant to the creed. They did not only criticize thesahaba in general, they even criticized the caliphs themselves. In doing so, they won supporters and opponents." The subject of criticizing the sahaba used to be confined, during the first centuries, to those who were deeply immersed in knowledge, especially Mu`tazilite scholars who were preceded in going in such a direction by the heads of the Shi`as and by the leaders who were enthusiastically supporting the Progeny of Muhammad. I have already pointed out somewhere else that the scholars of Arabic, and Mu`tazilite mentors, were a burden on Shi`a leaders from the first Hijri century. Thereupon, the issue of criticizing the sahaba is the child-birth of following Muhammad's Progeny. It was the result, not the nature, of Shi`ism. Those who followed the Progeny of Muhammad came to recognize the latter as having studied in depth all the branches of knowledge relevant to the creed due to their enjoyment of the sources of knowledge provided by the Imams of Ahl al-Bayt who are the pristine source and the over-flowing spring from which Islamic scholarship is derived since the inception of Islam and till our time.[275] I personally think that one who seeks the truth has to open the door for criticism and fault-finding; otherwise, he will remain veiled from such faults. This is exactly what "Ahl al-Sunnah wal Jama`ah" have done: They have exaggerated in their belief in the equity of all the sahaba without researching the latter's conditions; they, therefore, remained to our time distant from the truth. [274] His full name is Sharaf ad-Din Sadr ad-Din al-Musawi. He is author of the celebrated book Al-Muraja`at. The translator of this book has translated it into English under the title: Al-Muraja`at: A Shi`i-Sunni Dialogue. It was published (hard cover edition only) in 1995 by Imam Hussain Foundation, P.O. Box 25/114, Beirut, Lebanon. __ Tr. [275] This text was published on p. 8 and its following pages of the book titled AlSahaba fi Nadar al-Shi`a al-Imamiyya (the Prophet's companions as seen by Imamite Shi`as). The Sahaba According to "Ahl al-Sunnah wal Jama`a" As for "Ahl al-Sunnah wal Jama`a," these have exaggerated the "infallibility" of the sahaba, attributing justice and equity to all of them without any exception. They, thus, went beyond reason and recorded documentation in their resentment of anyone who criticized them or charged them with being unfair, let alone of their being sinners. Let us provide you with some of their statements so that you may realize how far they are from Qur'anic precepts and confirmed authentic Sunnah of the Prophet as well as what reason and common sense have already proven: Imam al-Nawawi is quoted in Sharh Muslim's Sahih says, "The sahaba, may Allah be pleased with them, are all the best of people, the masters of the nation, and are better than those who succeed them. They are all equitable and are role models in whom there is no blemish at all. Delirium is what those who followed them articulated, and residue are those besides them."[276] Yahya ibn Ma`een says, "Anyone who vilifies Uthman or Talhah or any companion of the Messenger of Allah is an imposter who should not be quoted and who is cursed by Allah, the angels, and all mankind."[277] Al-Dhahabi says, "A major sin is to abuse any of the sahaba; whoever discredits or abuses them forsakes the creed and reneges from the religion of Islam."[278] Abu Ya`li, the judge, was asked once about what he thought of one who abused Abu Bakr. He described such a person askafir, apostate. "Should funeral prayers be performed for him?" he was asked. He answered in the negative. "How will it be dealt with his corpse, then," he was asked again, "especially since he used to testify that: There is no god except Allah?" His answer was: "Do not touch his corpse; just push it with wooden rods till you bury him in his hole."[279] Imam Ahmad ibn Hanbal says, "The best of the nation after the Prophet are: Abu Bakr, then Umar, then Uthman, then Ali: they are all righteous caliphs who guided others to righteousness. Then come the sahaba of the Messenger of Allah next to these four men in being the best of the nation. It is not permissible for anybody to mention any of their faults, nor should anyone discredit any of them by pointing out his shortcomings or defects. Whoever does any of that has to be disciplined and punished. He must not be forgiven; rather, he must be penalized and required to repent. So, if he repents, his repentance must be accepted, but if he persisted, he should be punished again then confined till he dies or retracts what he had said." The Hanafi Shaykh Alaaud-Din al-Tarabulsi has said, "Whoever abuses any of the Prophet's sahaba: Abu Bakr, Umar, Uthman, Ali, Mu`awiyah, or Amr ibn al-As, by saying that they were misguided and apostates, must be killed. If he otherwise abuses them as people abuse one another, he should be severely punished."[280] Dr. Hamid Hafni Dawood briefly quotes such statements made by "Ahl al-Sunnah wal Jama`a" then comments thus: Sunnis are of the view that all the sahaba are just and fair, that all are accepted as equitable even if their degree of equity varies from one person to another. Whoever labels a sahabi as apostate commits apostasy himself, and whoever labels him as a sinner sins. Whoever discredits a sahabi does, in fact, discredit the Messenger of Allah himself. The most critical Sunnis are of the view that whatever historical events went on between Ali (may Allah be pleased with him) and Mu`awiyah must not be discussed. There are among the sahaba those who exerted ijtihad of their own and were accurate: these include Ali and those who follow his line. There are others among them who followed their own views and fell into error such as Mu`awiyah and Ayesha (may Allah be pleased with her) as well as those who followed in their footsteps. Sunnis think that we ought to draw the line here and not discuss anyone's defects. They [Sunnis] were prohibited from abusing Mu`awiyah, since he was asahabi, and they were quite strict in denouncing anyone who abused Ayesha, since she was the second mother of the faithful after Khadija and since the Prophet loved her most. Anything beyond this ought not to be discussed but must be referred to Allah, Glory to Him. In this regard, al-Hasan al-Basri and Sa`id ibn al-Musayyab say, "Such were issues from which Allah kept our hands and swords clean; so, we have to purify our tongues as well." This is the summary of the views held by the Sunnis with regard to the sahaba being just and equitable and what our stand should be.[281] If the seeker of the truth wishes to further investigate the sahabato find out who "Ahl al-Sunnah wal Jama`ah" imply in the word "sahabi," he will realize that they grant this badge of honor to anyone who had seen the Prophet ! In his Sahih, alBukhari says, "Whoever kept company with the Messenger of Allah or saw him is one of his sahaba." Ahmad ibn Hanbal says, "The best of people, barring those who accompanied the Messenger of Allah during the Battle of Badr, is whoever kept him company for a year, a month, or a day, or who even saw him. He is respected proportionately according to the length of time he accompanied the Prophet."[282] In his book Al-Isaba fi Tamyiz al-Sahaba, Ibn Hajar says, "Anyone who quotes onesingle hadith of the Prophet or even one word, or who has seen him and is a believer in him, is a sahabi. So is anyone who has met the Prophet believing in him then dies as a Muslim, whether he kept him company for a long or a short period of time, whether he quotes him or not, whether he has participated in a campaign with him or not, whether he saw him but did not meet him, or whether he could not see him due to certain obstacles."[283] The vast majority of "Ahl al-Sunnah wal Jama`ah" share this view. They label as sahabi anyone who saw the Prophet or was born during his life-time even if he had not reached the age of distinguishing right from wrong. There is no better proof than their counting Muhammad ibn Abu Bakr as one of the sahabaalthough when the Messenger of Allah died, Muhammad ibn Abu Bakr was only three months old...! This is why we find Ibn Sa`d classifying the sahaba into five categories or, as he calls them, classes (tabaqat) in his renown book Tabaqat ibn Sa`d. The Naisapuri governor who wroteAl-Mustadrak, however, categorizes them into twelve classes as follows: First Class includes those who accepted Islam prior to the Hijra, such as the righteous caliphs. Second Class includes those who attended Dar al-Nadwa. Third Class includes those who migrated to Abyssinia (Ethiopia). Fourth Class includes those who attended the First Aqaba [allegiance swearing]. Fifth Class includes those who attended the Second Aqaba. Sixth Class includes those who migrated to Medina following the Prophet's migration thereto. Seventh Class includes those who participated in the Battle of Badr. Eighth Class includes those who migrated after Badr and prior to the [treaty signing at] al-Hudaybiya. Ninth Class includes those who participated in Bay`at al-Ridwan. Tenth Class includes those who migrated after the Hudaybiya and prior to the conquest of Mecca such as Khalid ibn al-Waleed, Amr ibn al-As, and others. Eleventh Class includes those who were called "taleeqs" by the Prophet. Twelfth Class includes the youths and children of the sahabawho were born during the life-time of the Prophet such as Muhammad ibn Abu Bakr... "Ahl al-Sunnah wal Jama`ah," then, unanimously regard all thesahaba and the Imams of their four sects as just and fair. They unhesitatingly accept their traditions, and they do not permit anyone to criticize or discredit them. Critics and verifiers of hadith have taken upon themselves to subject the traditionists and narrators to their own critique in order to classify their traditions and purify them from any impurity. Yet when they arrive at a sahabi, regardless of his "class" or age at the time of the death of the Prophet, they halt there and fall short of discrediting the traditions he narrates no matter how many doubts arise about them, and no matter to what extent they contradict reason and documentation, saying that the sahaba are not subject to criticism or discrediting, and that they are all just and fair! This, by my life, is obviously the bending of the rules, something which reason and nature find as contemptible; it is not endorsed by scholarship, and I seriously doubt that today's educated youths accept such ludicrous innovations. I do not know, nor does anyone else, where "Ahl al-Sunnah wal Jama`ah" derived such views from. They certainly are foreign to Islam, a religion based on scientific evidence and convincing proofs. I wish I knew, and I wish one of them can bring me one single proof from the Book of Allah or the Sunnah, or even from logic, which convinces me that each and every sahabi was fair and just! We, by the Grace of Allah, have come to know the solution of the mystery of such false views, and this we will explain in the forthcoming section. Seekers of the truth have, in turn, to uncover some secrets. [276] Muslim, Sahih, Vol. 8, p. 22. [277] Tahdhib al-Tahdhib, Vol. 1, p. 509. [278] Both pages 233 and 235 of al-Dhahabi's book Al-Kabaair (major sins) record this statement. [279] This is recorded on p. 275 of the book titled Al-Sarim al-Maslool. [280] This is recorded on p. 187 of Mu`een al-Hukkam feema Yataraddadu baynal Khasmayn min al-Ahkam (rulers' aid with regard to injunctions relevant to opponents). [281] This statements continues from p. 8 to p. 9 of the author's book Al-Sahaba fe Nadar al-Shi`a al-Imamiyya (the companions as viewed by Imamite Shi`as). [282] This is stated on p. 51 of Al-Kifaya and also on p. 2 of Talqeeh Fuhum Ahl al-Athaar. [283] Ibn Hajar, Al-Isaba, Vol. 1, p. 10. The Final Word in Evaluating the Sahaba The sahaba are undoubtedly fallible human beings. Like all other humans, they have obligations and rights. Surely they are honored with being the companions of the Prophet so long as they respect and safeguard such companionship; otherwise, their penalty will be doubled because Allah's justice mandates that someone distant [from the Prophet] is not to be tormented as one who is near. One who has heard the Prophet directly, saw the light of Prophethood, witnessed the miracles with conviction and was fortunate to be taught by the Prophet himself is not like one who lives in the post-Prophet period and who neither saw nor directly heard him. Reason and conscience prefer a man who lives in our time and who respects the Book of Allah and the Sunnah and carries out their instructions over a sahabi who was contemporary to the Messenger of Allah, who kept him company, yet conviction did not penetrate his heart; he accepted Islam only to yield to the dictates of the time. He did not keep the Prophet company in righteousness and piety as long as the Prophet lived. Once the Prophet died, such a sahabi reneged and reverted. This is what the Book of Allah and the Sunnah of His Messenger sanction, in addition to what is sanctioned by reason and conscience, and by anyone who has some knowledge of the Holy Qur'an and the sacred Sunnah of the Prophet. Such a person does not doubt this fact, nor does he find any alternative for it. One proof for this argument is the verse saying, "O wives of the Prophet! Whoever of you commits an open indecency, its punishment will be increased doubly, and this is easy for Allah" (Holy Qur'an, 33:30). The Prophet's companions included believers who perfected their conviction as well as those whose conviction was quite feeble. Among them were those whose hearts did not surrender to conviction. Among them were pious ascetics as well as reckless individuals who sought only their self-interests. Among them were gracious and equitable persons as well as mean oppressors. Some of them were the believers who upheld righteousness as well as sinning transgressors. They included scholars who implemented what they learned as well as ignorant ones who invented bid`as. Among them were sincere companions as well as hypocrites. Among them were those who violated their oaths, who strayed from the path, and who reneged. Since the Holy Qur'an, the sacred Sunnah of the Prophet, and history stated all these facts and clearly explained them, the claim put forth by "Ahl al-Sunnah wal Jama`ah" that all thesahaba were fair and just becomes nonsense which has no face value whatsoever because it contradicts the Holy Qur'an and the Sunnah. It contradicts history, reason, and conscience. It is nothing but fanaticism and a claim which cannot be proven, an illogical statement. One who researches these matters may wonder about the mentality of "Ahl alSunnah wal Jama`ah," one which contradicts reason, facts, and history. But when he reads about the roles the Umayyads played, and the methods the Abbasides employed, to firmly fix the foundations of this doctrine, I mean respecting all the sahaba and avoiding criticizing them or doubting their integrity, his amazement will then disappear. He will no longer have the least doubt that the latter deliberately prohibited anyone from criticizing the sahaba so that those Umayyads would not be criticized or discredited, and so that the horrible actions they committed against Islam, the Prophet of Islam, and the nation of Islam, would not be revealed. Abu Sufyan, Mu`awiyah, Yazid, Amr ibn al-As, Marwan ibn al-Hakam, alMughirah ibn Shu`bah, and Bisr ibn Arta'ah were allsahabis who ruled the Muslims. How could they, then, not prohibit any criticism of the sahaba? How could they not fabricate about them false traditions that label each and every one of them as just and fair so that such virtues would include them, too, and so that nobody would dare to criticize them or discuss their actions? They label anyone among the Muslims who does so as kafir, apostate, sinner, issuing religious verdicts permitting his murder. They prohibit the washing and shrouding of his corpse which should be pushed with wooden pieces into the grave, as we have said above. Whenever they wanted to kill the Shi`as, they would accuse them of verbally abusing the sahaba. What they mean by that is criticizing them and discrediting some of their actions, a reason which they deem suffices to kill and annihilate them. They even went beyond that. Suffices one to ask about the meaning of hadith to be killed, and here is the proof: In his Tarikh, the Baghdadi khateeb (orator) states the following: One hadith narrated by Abu Hurayra was once mentioned in the presence of Haroun al-Rasheed. It said, "Moses met Adam once whereupon he asked him, `Are you the one who had us dismissed from Paradise?'" A man from Quraysh who was present then asked, "When did Adam meet Moses?!" Al- Rasheed became very angry and said, "Saying too much and the sword go hand in hand; kill this atheist who doubts the hadith of the Messenger of Allah."[284] When a man such as this one, who must have been a highly respected dignitary because he attended the meetings set up by al-Rasheed, was beheaded simply because he inquired about the place where Adam met Moses, do not ask me about a Shi`a who charges Abu Hurayra of being a liar based on the fact that the sahaba, headed by Umar ibn al-Khattab, falsify his hadith. Thus does the researcher understand the contradictions that crept into many ahadith as well as the many abominable and impossible matters and the obvious blasphemy. All this happened because criticism or discrediting were taboo: they would lead one to perdition. Even if someone asked for an explanation so that he could reach the truth, and who is detected as inquisitive and researching, was undoubtedly put to death in order to serve as a lesson for others, so that nobody after him would dare to speak his mind. They fooled people into thinking that anyone who raised doubt about the hadith narrated by Abu Hurayra or any other sahabi, be he a commoner among them, would be regarded as having discredited the Messenger of Allah. Thus did they place a halo on fabricated ahadith which a number of the sahaba invented after the death of the Prophet, so they became accepted facts. Quite often, I used to argue with some of our scholars[285] that the sahaba did not adopt such sanctifying; rather, they themselves used to doubt each other's hadith whenever there is a contradiction with the Qur'an, and that Umar ibn al-Khattab had beaten Abu Hurayra with his cane, prohibited him from narrating hadith, and even accused him of lying. These scholars used to always answer me by saying: "The sahaba had the right to say to one another whatever they pleased; as far as we are concerned, we are not on their level to respond to them or criticize them." I would say: "But, O servants of Allah! They [the said sahaba] fought one another, called each other kafir, and killed one another!" They would respond by saying: "They all are mujtahids: if one of them is right in his ijtihad, he receives two blessings, whereas if he errs, he receives only one. It does not befit us to discuss their affairs." Certainly these scholars must have inherited such a doctrine from their fathers and forefathers, one generation from the other, so they were repeating it like parrots without contemplation or scrutiny. Their Imam, al-Ghazali, had adopted such a view, one which he propagated among people, making himself the ultimate authority for Islam and Muslims. In his books Al-Mustafa, he says, "What is accepted by the ancestors and the posterity is that the justice of the sahaba is well known due to the fact that Allah, the most Exalted One, the most Great, has called them just and has praised them in His Book, and this is our conviction in their regard." I wonder about al-Ghazali in particular and about "Ahl al-Sunnah wal Jama`ah" in general when I read about their seeking from the Qur'an testimonies regarding the sahaba being fair and just, knowing that there is not a single verse in the Holy Qur'an which backs this claim. On the contrary, there are many Qur'anic verses which deny the justice of the sahaba, which reveal their secrets, and which expose their hypocrisy. We have dedicated an entire chapter to discuss this topic in our bookAsk Those Who Know from pp. 113 - 172; so, whoever wishes to research this subject further in order to become familiar with such facts should refer to this book. He will know what Allah and the Messenger say about them. So that the researcher may come to know that the sahabanever dreamt one day of the status invented for them by "Ahl al-Sunnah wal Jama`ah," he has only to read modern books as well as history books which overflow with their horrible deeds. They tell tales of how they called each other kafir, and how so many of them used to wonder whether they were among themunafiqoon, hypocrites. Al-Bukhari, for example, states in his Sahih that Ibn Maleeka met thirty of the companions of the Prophet who all dreaded being counted among the hypocrites, and none of them ever said that his conviction was to be compared with that of [arch-angel] Gabriel.[286] Al-Ghazali himself indicates in his book that Umar ibn al-Khattab used to ask Huthayfah of Yemen whether the Messenger of Allah mentioned his [Umar's] own name among the hypocrites of whose names he informed him.[287] The statement of those who claim that there are no hypocrites among the sahaba is completely worthless when we come to know that the definition of a sahabi is the one we have already discussed above, that is, anyone who saw and believed in the Messenger of Allah, whether he met him or not. Their phrase "and believed in" the Prophet, too, contains an exaggeration simply because all those who kept the Prophet company had articulated the shahada, and the Prophet accepted their superficial admission of faith, saying, "I have been ordered to judge what is apparent, and Allah will deal with one's innermost." As long as he lived, he never said to any of them, "You are a hypocrite, so I shall not accept your declaration of faith!" This is why we find the Prophet calling the hypocrites "my companions" even while knowing their hypocrisy! Here is the proof: Al-Bukhari states that Umar ibn al-Khattab asked the Prophet to have Abdullah ibn Ubayy, the hypocrite, beheaded. He said to him, "O Messenger of Allah! Let me strike the neck of this hypocrite with the sword!" The Prophet said, "Leave him alone; I do not want people to say that Muhammad kills his own companions."[288] Some scholars among "Ahl al-Sunnah wal Jama`ah" may try to convince us that the hypocrites used to be well known; so, we should not confuse them with the sahaba. This is impossible. Contrariwise, the hypocrites are among the sahaba with whose secrets only Allah, Glory to Him, is familiar. They may perform their prayers and they may fast, worship Allah and seek nearness to the Prophet through all means. Let us provide you with the proof: In his Sahih, al-Bukhari indicates that Umar ibn al-Khattab on another occasion asked the Messenger of Allah to permit him to kill Thul Khuwaysara when the latter said to the Prophet: "Be fair!" But the Prophet said to Umar, "Leave him alone, for he has companions if one of you were to compare his prayers with that of theirs, he would find it inferior and would find his fast as well inferior to theirs; they recite the Qur'an which does not go beyond their throats. They leave the creed as swiftly as the arrow leaves the bow."[289] I do not exaggerate if I say that most companions were not far from hypocrisy according to what is determined by many verses of the Holy Qur'an and according to the decisions of the Messenger of Allah embedded in many of his ahadith. In the Book of Allah, we come across verses such as these: He has brought them the truth, yet most of them are averse from the truth. (Holy Qur'an, 23:70) The dwellers of the desert are more [fierce] in disbelief and hypocrisy. (Holy Qur'an, 9:97) And from those who are round about you of the dwellers of the desert there are hypocrites, and from the people of Medina (too); they are stubborn in hypocrisy; you do not know them; We know them. (Holy Qur'an, 9:101) It is noteworthy here that some scholars among "Ahl al-Sunnah wal Jama`ah" try very hard to cover the truth. They interpret "dwellers of the desert" to mean that they were not among thesahaba but are meant to be the residents of the desert and the outskirts of the Arabian peninsula. Yet we have found how Umar ibn alKhattab, shortly before drawing his last breath, left his will to the caliph who would succeed him saying: "I urge you to be good to the dwellers of the desert, for they are the origins of the Arabs and the substance of Islam."[290] So, if the Arabs' kinsfolk and the substance of Islam are the worst in disbelief and hypocrisy and it is best that they should not know the limits of what Allah revealed to His Messenger, then there is no value attached to the statement made by "Ahl alSunnah wal Jama`ah" claiming that the sahaba were all just and fair. In order to shed more light, and so that the researcher may be convinced that the phrase referring to the dwellers of the desert, that is, bedouin Arabs, was meant to refer to the sahaba in general, the Holy Qur'an, after describing the bedouin Arabs as the worst in disbelief and hypocrisy, goes on to say: "And of the dwellers of the desert are those who believe in Allah and the latter day and take what they spend to be (means of) nearness to Allah and the Prophet's prayers; surely it shall be for them means of nearness (to Allah); Allah will permit them to enter into His mercy; surely Allah is Forgiving, Merciful" (Holy Qur'an, 9:99). As for what the Messenger of Allah had decided in the Prophet's sacred Sunnah, it is his following statement: My sahaba will be taken to the fire [of hell], whereupon I shall plead: "O Lord! But these are my sahaba!" It will be said to me, "You do not know what they brought forth after you." I will say, "Then perdition should be the lot of all those who altered after me."[291] Traditions like this one are numerous, and we have avoided quoting them seeking to be brief. Our objective, after all, is not to research the biographies of the Prophet's companions in order to cast doubts about their justice, for history has spared us such an undertaking. It testifies against some of them as having committed adultery, drunk wine, made a false oath, reneged from the creed, committed crimes against innocent people and betrayed the nation. We only wish to bring into focus the fact that to say that each and every sahabi was fair and just is a legendary myth invented by "Ahl al-Sunnah wal Jama`ah" in order to cover the faults of their masters and heads from the sahaba who made many alterations to the religion of Allah, changing its injunctions with innovations which they themselves had invented. We also wish again to prove that by embracing the doctrine of the sahaba being all just and fair, "Ahl al-Sunnah wal Jama`ah" unveiled their real identity, the identity of seeking to please the hypocrites and to follow thebid`as they had invented in order to bring people back to the period of jahiliyya. Since "Ahl al-Sunnah wal Jama`ah" banned their followers from criticizing or discrediting the sahaba, closing the doors ofijtihad in their faces since the time of the Umayyad rulers and the period of inventing sects, the said followers inherited such a doctrine which they passed down to their offspring, one generation after another. Hence, "Ahl al-Sunnah wal Jama`ah" remained till this day prohibiting any discussion of the sahaba for whom they seek Allah's Pleasure, labelling as kafir whoever criticizes any of them. The summary of this chapter is that the Shi`as, followers of the creed of Ahl alBayt, place the sahaba in perspective; they pray Allah to be pleased with the righteous among them, and they dissociate themselves from the hypocrites and the sinners, the enemies of Allah and His Messenger, from them. They, hence, are the only ones who follow the true Sunnah because they loved those whom Allah love and the sahaba who are loved by the Messenger of Allah. They dissociate themselves from the enemies of Allah and of His Messenger who were the primary cause of the misguidance of the vast majority of Muslims. [284] Tarikh Baghdad, Vol. 14, p. 7. [285] The author here is referred to Sunni scholars with whom he used to argue before accepting Shi`a Islam. __ Tr. [286] Al-Bukhari, Sahih, Vol. 1, p. 17. [287] Al-Ghazali, Ihyaa `Uloom al-Din, Vol. 1, p. 129. Al-Muttaqi al-Hindi, Kanz al-Ummal, Vol. 7, p. 24. [288] Al-Bukhari, Sahih, Vol. 6, p. 65, where the merits of the Qur'an and Surat alMunafiqoon are discussed. Ibn Asakir, Tarikh, Vol. 4, p. 97. [289] Al-Bukhari, Sahih, Vol. 4, p. 179. [290] Al-Bukhari, Sahih, Vol. 4, p. 206. [291] Al-Bukhari, Sahih, Vol. 7, p. 209, in a chapter dealing with the Pool [of alKawthar]. How Ahl al-Sunnah wal-Jama`a Contradict the Prophet's Sunnah In this chapter, we have to unveil to the researcher, in general terms, how "Ahl al-Sunnah wal Jama`ah" practically contradict most of the Prophet's traditions. In contrast, we will explain how only the Shi`as are the ones who uphold the Sunnah of the Prophet. This is why we justify our use of the title of this book as The Shi`as are Ahl al-Sunnah. In this chapter, we wish to discuss the main issues which clarify for the researchers, more convincingly, the fact that "Ahl al-Sunnah wal Jama`ah" violated the teachings of Islam with regard to all what the Qur'an decrees and what the Messenger decided in his sacred Sunnah. This caused the misguidance of those of this nation and the setback that befell the Muslims leading, in the end, to their backwardness and suffering. In my belief, the reason for the misguidance is rendered to one major factor: love for this world. Did not the Messenger of Allah say, "Loving this world tops every sin"? Loving this world is characterized by loving power and authority: for the sake of achieving political power, nations have been ruined, countries and lands have been reduced to rubble, rendering man more dangerous than wild beasts. It is the same meaning to which the Prophet refers when he said to his companions, "I do not fear for you that you will associate someone with Allah; rather, I fear for you that you dispute with one another." This is why there is a need to study the subjects of caliphate and Imamate, or what we call nowadays the Islamic government system. It led to the worst calamity and catastrophe for Islam and its followers, bringing them peril and agony, misguidance and annihilation. 1) Islam's Government System "Ahl al-Sunnah wal Jama`a" are of the view that the Messenger of Allah did not specify who to succeed him, leaving this issue subject to mutual consultation among people to choose whoever they wanted. This is their belief with regard to the issue of caliphate. They have insisted upon it since the day the Prophet died till our time. "Ahl al-Sunnah wal Jama`a" supposedly act upon this principle in which they believe and which they defend with all their might. But the research will reveal to us the fact that they did exactly the opposite. Regardless of the allegiance to Abu Bakr, which they themselves called a mistake the evil of which Allah spared them, it was Abu Bakr who invented the notion of the succession to the post of caliph, appointing, prior to his death, his friend Umar ibn al-Khattab as his successor. At the time of his death, Umar ibn al-Khattab appointed Abd al-Rahman ibn Awf to choose one of five persons whom he recommended for the post of caliph, and to kill anyone who refused to accept the selected one. When Mu`awiyah secured the post of caliph for himself, he put this principle of succession into practice, appointing his son Yazid ibn Mu`awiyah. Thus, the caliphate remained since that time being handed over from one promiscuous person to another, from one generation to another, each caliph appointing his son, brother, or relative, to succeed him. So did the caliph since the inception of the Abbaside government till its dissolution. And so did the Ottoman caliphs from the time it was established till the period when the caliphate weakened and waned during the time of Kemal Ataturk in the present century. "Ahl al-Sunnah wal Jama`a" represent such caliphate, or, say, those successive governments represented "Ahl al-Sunnah wal Jama`a" in all parts of the world, and throughout the Islamic history. This is why you can now see in Saudi Arabia, Morocco, Jordan, and all Gulf states rulers who act upon the theory of succession which they inherited from their "good posterity" who all belong to "Ahl al-Sunnah wal Jama`a." Even if we suppose that the theory they uphold, the one saying that the Prophet left the issue for mutual consultation, and that the Qur'an endorses the concept of consultation, were accurate, they still opposed the Qur'an and the Sunnah. They turned the system of "democratic" consultation into a dictatorial monarchic hereditary system of succession. But if we suppose that the Prophet had appointed Ali ibn Abu Talib to succeed him, as the Shi`as argue, "Ahl al-Sunnah wal Jama`a" would then be in clear violation of many texts of the Sunnah and contradict the Qur'an. This is so because the Messenger of Allah never did anything without the permission of his Lord. For this reason, you find them aware of the fact that this issue of mutual consultation is erroneous because the early caliphs did not implement it, nor did they act upon it. They also feel the inaccuracy of the theory of succession to the caliphate, so you find them justifying it through ahadith such as the one saying, "Caliphate after me shall last for thirty years followed by a government of oppression," as if they want to convince others of their own conviction that government is for Allah to grant it to whomsoever He pleases, and that the kings and sultans were appointed by Allah, the most Exalted One, to rule people; so, obedience to them is obligatory. This is a lengthy topic which drags us to the issue of destiny and predestination which we discussed in our book So Let us be with the Truthful, a topic we do not wish now to return to. Suffices us here to bear in mind that "Ahl al-Sunnah wal Jama`a" are also called "Qadaris," believers in destiny, as they espouse. The end result is that "Ahl al-Sunnah wal Jama`a" believe in the system of succession which they regard as conducive with the Shari`a not because the Messenger of Allah mandated it, or because he appointed his own successor, for they very strongly deny any such things, but only because Abu Bakr appointed Umar, and Umar appointed six persons, then Mu`awiyah appointed Yazid, and so on. None of their scholars or Imams of the four sects ever claimed that the Umayyad or the Abbaside or the Ottoman government was in agreement with the Shari`a. Yet we find them rushing to swear their oath of allegiance, to support and brand their caliphs as "legitimate." Even most of them went as far as claiming that caliphate is legitimate for anyone who attains it by force or oppression, and they are not concerned whether he is righteous, a sinner, or a promiscuous, or whether he is an Arab, a member of Quraysh, a Turk, or a Kurd. Dr. Ahmad Mahmud Subhi says the following in this regard, "The stand adopted by Ahl al-Sunnah with regard to the issue of caliphate is to accept the status quo without endorsing or opposing it."[292] In reality, however, "Ahl al-Sunnah" do support it. Abu Ya`li al-Farraa quotes Imam Ahmad ibn Hanbal saying, "The caliphate is fixed by winning, or by force, and it does not lack a contract." According to Abdoos ibn Malik al-Attar, "If one wins by the sword and becomes caliph and is referred to as Commander of the Faithful, it is not legal for anyone who believes in Allah and the Last Day to spend his night without recognizing him as the Imam, be he a righteous man or a sinner." He builds this view on a statement made by Abdullah ibn Umar saying, "We are with whoever wins." Thus, "Ahl al-Sunnah wal Jama`a" become a pawn to this bid`a, the innovation of the issue of succession. They swear their allegiance to the winner and the oppressor regardless of the extent of his fear of Allah, piety, or knowledge, be he righteous or a sinner. This is proven by the fact that mostsahaba who fought on the side of the Prophet against Mu`awiyah ibn Abu Sufyan in many battles ended up swearing allegiance to Mu`awiyah as the "commander of the faithful" after the Prophet's demise. They also accepted the caliphate of Marwan ibn al-Hakam whom the Messenger of Allah called al-wazgh (the shiner), and whom he banished from Medina saying, "He shall not reside where I reside, whether alive or dead." They even accepted the caliphate of Yazid son of Mu`awiyah to whom they swore the oath of allegiance and whom they called "commander of the faithful." When al-Husayn, grandson of the Prophet, revolted against him, they killed alHusayn and his Ahl al-Bayt in order to solidify the foundations of Yazid's government and to label it as legal. Their scholars went as far as saying that al-Husayn was killed by the sword of his grandfather. Some of them write, even in this time and age, books dealing with the "facts" relevant to "the commander of the faithful Yazid ibn Mu`awiyah." All of this is done out of their support for Yazid's caliphate and as an indictment of al-Husayn who revolted against him. If we know all of this, we have no choice except to admit that "Ahl al-Sunnah wal Jama`a" contradicted the Sunnah which they attributed to the Prophet and which they say mandated leaving the issue [of caliphate] for discussion and consultation among the Muslims. As for the Shi`as, these upheld the concept of Imamate with one single view which is: "Allah and His Messenger appoint the caliph." Imamate according to them cannot be legitimate except through a text, and it cannot be legitimate except for one who is infallible, whose knowledge is the highest, who is the most pious, and who is the best. They do not prefer one who is good over another who is better. This is why we find them first rejecting the caliphate of the sahaba, then rejecting the concept of the caliphate as envisioned by "Ahl al-Sunnah wal Jama`a." Since the texts which the Shi`as produce with regard to the issue of caliphate enjoy a practical presence and a true authenticity even in the Sahih books of "Ahl al-Sunnah wal Jama`a," we have no choice except to admit that the Shi`as are the ones who actually upheld the authentic Sunnah of the Prophet. Whether we say that the issue is to be resolved by mutual consultation (shura) or through texts referring to the issue of caliphate, only the Shi`as are right because the only person who stands out as the one who was appointed by such texts as well as by the shura is Ali ibn Abu Talib. Nobody among the Muslims, be he a Shi`a or a Sunni, claims that the Messenger of Allah made any reference, even remotely, to the issue of hereditary succession. Nor does any Muslim, be he Sunni or Shi`a, claims that the Messenger of Allah said to his companions, "I have left your affair for shura; so, choose whoever you wish to succeed me." We call upon them to produce even one single such hadith. So if they cannot do so, and they most surely cannot, they must go back to the confirmed Sunnah of the Prophet and to accurate Islamic history to derive guidance therefrom. Or do they claim that the Messenger of Allah neglected to deal with this very important issue and did not clarify its features so that his nation might enter into a never-ending struggle and a blind dissension that all tear its unity apart and disunite it and cause it to deviate from Allah's Straight Path? We see in our times how corrupt and oppressive rulers take into very serious consideration the fate of their peoples after their own authority is over, so they appoint their successors whenever there is a vacancy; what, then, would you say about the one whom Allah sent as mercy for the whole world?! 2) To Call the "Sahaba" Equitable is to Contradict the Clear Sunnah If we take a look at the way the Prophet dealt with his companion and what he said about them, we will find him giving credit where credit is due. He is angered when Allah is angered and is pleased when He is pleased. The Prophet dissociated himself from any companion who went against the commandments of Allah, Glory to Him, as was the case when Khalid ibn al-Waleed killed Banu Juthaymah. He also became angry with Usamah when the latter came to him seeking favor on behalf of a high class lady who stole something. It was then when he made his famous statement, "Woe unto you! Do you intercede regarding the trespassing over one of the boundaries set by Allah? By Allah! Had Fatima daughter of Muhammad stolen, I would have cut off her hand. Nations before you were annihilated because whenever a dignitary among them stole, they left him alone, but when a simple person stole, they would carry out the appropriate penalty." We also find him sometimes blessing and seeking the Pleasure of Allah for some of his sincere companions, supplicating for them, seeking Allah's forgiveness for them. And we also find him cursing some of them, those who insisted not to carry out his orders or simply took them lightly. For example, he said once, "The curse of Allah be on all those who lag behind Usamah's army" when they cast doubts about his nomination of Usamah to be their leader and who refused to join his army because he was too young. We also find him explaining to people and not leaving them to be dazzled by some of the fake sahaba, saying about one of them, "He has companions if one of you were to compare his prayers with theirs, he would find it inferior, and he would find his fast as well to be inferior to theirs; they recite the Qur'an which does not go beyond their throats. They leave the creed as swiftly as the arrow leaves the bow." He may even stop short of performing the funeral prayers for one of the sahaba who was martyred during the campaign of Khaybar on the side of the Muslims, revealing the truth about him and saying, "He fell short of discharging his responsibility in the cause of Allah." When they searched the belongings of that person, [stolen] Jewish beads were found among his items. Al-Maroodi narrates to us saying that the Prophet felt very thirsty once during the campaign of Tabuk, whereupon the hypocrites said, "Muhammad tells the news of the heavens but does not know the way to water!" It was then that Gabriel descended to tell him the names of those who said so. The Prophet named them to Sa`d ibn Abadah who said to him, "If you wish, you can have them killed." The Prophet said, "I do not wish people to say that Muhammad kills his own companions. Rather, we will deal with them beautifully as long as they are in our company."[293] The Messenger of Allah dealt with them just as the Holy Qur'an tells us. Allah was pleased with the truthful among them and wrathful with the hypocrites, renegades, and those who violated their oaths. And the Almighty cursed them in many sacred verses. We have dealt with this subject in full detail in our bookAsk Those Who Know in a chapter titled "The Holy Qur'an Reveals Facts about some of the Sahaba." If anyone wishes to research this subject further, he should refer to the said book. We will be satisfied by producing one example of what some hypocritical companions had done and which was exposed by Allah Who shamed those involved. They were twelve sahabiswho sought to be excused [from meeting with the Prophet] due to their living far away, saying that they had no time to meet with the Prophet. They, therefore, built a mosque so that they could perform the prayers on time. Can you see sincerity and loyalty greater than that? A servant of Allah spends huge sums of money to build a mosque out of his concern for performing the prayers on time, and a group of brethren united together under the roof of one mosque? But Allah, Glory to Him, from Whom nothing is hidden in the earth or in the heavens, and Who knows where the eyes trespass and what the chests conceal, knew their innermost thoughts and what they were hiding, so He inspired to His Messenger about them and acquainted him with their hypocrisy saying, And those who built a mosque (only) to cause mischief, to promote unbelief, to cause dissension among the believers, and to lie in wait for whoever made war against Allah and His Prophet before; they will certainly swear: We did not desire aught but good, while Allah testifies that most surely they are liars. (Holy Qur'an, 9:107) Since Allah is not shy about the truth, nor is His Messenger who used to frankly tell his companions that they would fight one another for the attainment of the good things in this life. He told them that they would follow in their misguidance the customs of the Jews and the Christians, one span at a time, one yard at a time, and that they would go back on their heels and renege. He also told them that on the Day of Judgment, they would enter the fire of hell; none of them except a few would be spared, those the Prophet described to be "as few as lost camels." So how can "Ahl al-Sunnah wal Jama`ah" convince us that all the sahaba were just and fair and that they all are in Paradise, that their injunctions are binding upon us, that their views and innovations have to be followed, and that anyone who discredits any of them abandons the creed and should be killed?! It is a statement which even insane people reject, let alone the wise. It is a false statement, a calumny, something said to please the rulers, monarchs, by the evil and intruding scholars who follow them suit. As for us, we cannot accept such a statement at all so long as we have reason because that would be going against what Allah and His Messenger tell us. Anyone who does the opposite of what Allah and His Messenger decree is an apostate. It also clashes with reason and conscience. We do not force "Ahl al-Sunnah wal Jama`ah" to abandon or reject it, for they are free in believing whatever they want to believe, and they are the only ones who will be held responsible for the results and terrible outcomes of so doing. But they must not label as kafir those who follow the Qur'an and the Sunnah in as far as the justice of the sahaba is concerned. They should say to the sahaba who do good: "You have done well," and to the ones who fell into error, "You committed something wrong and made a mistake." They ought to befriend the friends of Allah and His Messenger and dissociate themselves from the enemies of Allah and His Messenger. Thus does it become clear that "Ahl al-Sunnah wal Jama`ah" violated clear Qur'anic texts as well as clear texts of the Sunnah and followed the dictates of the Umayyad and Abbaside governments, discarding all juristic and rational criteria. 3) The Prophet Orders the Muslims to Emulate His `ItratWhile Sunnis Oppose Him In our past researches, we proved the authenticity of the Prophet's hadith known as hadith al-thaqalain, that is, hadithof the two weighty things. It states the following: I am leaving with you al-thaqalain: so long as you uphold them, you shall never stray after me. They are: the Book of Allah and my `itrat, my Ahl al-Bayt. The Most Munificent, the most Knowing, informed me that they shall never part from one another till they reach me at the Pool. We proved that this hadith is authentic and is consecutively reported by the Shi`as as well as by "Ahl al-Sunnah wal Jama`a" who record it in their sahih and musnad books. It is well known that "Ahl al-Sunnah wal Jama`a" left Ahl al-Bayt behind their backs and turned their faces towards the Imams of the four sects whose authority was forced on the public by oppressive governments, the governments which, in turn, were supported by "Ahl al-Sunnah wal Jama`a" who swore to them their oath of allegiance. If we wish to elaborate on this topic, we can say that "Ahl alSunnah wal Jama`a" are the ones who, led by Umayyad and Abbaside rulers, fought the household of Prophethood. If you, therefore, sift through their beliefs and books of hadith, you will find no traces whatsoever for the fiqh of Ahl al-Bayt. You will find all their fiqh and ahadith attributed to the Nasibis who were the enemies of Ahl al-Bayt and who fought them, such as Abdullah ibn Umar, Ayesha, Abu Hurayra, and others. They derive half of their creed from Ayesha, the lady with the reddish complexion[294], while the major Sunni faqih is Abdullah son of Umar [ibn al-Khattab]. Islam's narrator, according to them, is Abu Hurayra, mentor of al-Mudeera, while the taleeqs[295] and their sons constituted their judges and the legislators of Allah's creed. What proves this fact is that "Ahl al-Sunnah wal Jama`a" were not identified as such but were, as a whole, opponents of Ahl al-Bayt since the day of the Saqeefa, and they are the ones who conspired to usurp the caliphate from Ahl al-Bayt and did their best to distance them from the nation's political stage. The party known as "Ahl al-Sunnah wal Jama`a" was then formed to counter the Shi`as who rallied behind, supported, and followed the Imamate of Ahl al-Bayt in obedience to the Qur'an and the Sunnah. It is only natural that those who opposed the truth were the vast majority of the nation especially in the aftermath of dissensions and wars. Moreover, Ahl al-Bayt could not rule the Muslims except for only four years, the period of Imam Ali's caliphate during which they distracted him with bloody wars. As for "Ahl al-Sunnah wal Jama`a" who opposed Ahl al-Bayt, they ruled for hundreds of years, and their government and authority spread far and wide to the east and the west. They had their say, their gold and silver. "Ahl al-Sunnah wal Jama`a," hence, are the "winners" because they are the rulers. The Shi`as, led by Ahl al-Bayt, became the vanquished because they are the subjects, the oppressed, the displaced, the murdered. We do not wish to prolong the discussion of this subject beyond our desire to reveal the secrets of "Ahl al-Sunnah wal Jama`a" who opposed the Prophet's will and legacy which guaranteed guidance and protected against straying, whereas the Shi`as upheld the will of the Prophet, followed in the footsteps of his pure Progeny and tolerated in so doing a great deal of hardship and pain. The fact is that such dissension and rebellion from the part of "Ahl al-Sunnah wal Jama`a" with regard to althaqalain,versus the acceptance of the Shi`as of the same and their adherence thereto, surfaced from that particular Thursday which came to be known as the Day of Infamy when the Messenger of Allah asked them to bring him some writing material to write them something that would protect them against misguidance. It was then that Umar took his most serious stand and refused the Prophet's request claiming that the Book of Allah sufficed them, and that they had no need for his `itrat. It was as though the Prophet was saying, "Uphold both thaqalain: the Qur'an and the `Itrat," whereas Umar answered him with, "We are satisfied with only one of them: the Qur'an, and we have no need for the other." This is exactly the meaning of Umar's statement: "The Book of Allah suffices us." Umar's statement represented the stand adopted by "Ahl alSunnah wal Jama`a" because prominent Qurayshi heads, represented by Abu Bakr, Uthman, Abd al-Rahman ibn Awf, Abu Ubaydah, Khalid ibn al-Waleed, Talhah ibn Ubaydullah, all stood up to support Umar's stand. Ibn Abbas said, "Some of them kept repeating what Umar said, while some others said, `Bring writing material to the Prophet so that he may write you something." It was only natural that Ali and his followers, since that day, upheld the Prophet's will even though it was not written down, acting upon both the Qur'an and the Sunnah simultaneously. Their enemies, on the other hand, did not act even upon the Qur'an which they agreed to do in the beginning and whose injunctions they idled when they attained power and authority, following their own views, leaving the Book of Allah and the Sunnah of His Messenger behind their backs. 4) "Ahl al-Sunnah wal Jama`a" and Love for Ahl al-Bayt No Muslim doubts that Allah, Glory and Exaltation to Him, has imposed love for Ahl al-Bayt, peace be upon them, as a the dues the Muslims have to pay in return for granting them Muhammad's Message and the blessings such Message contains for them. He has said, "Say: I do not ask you for any reward for it except love for my kinsfolk" (Holy Qur'an, 42:23). This sacred verse was revealed to require the Muslims to love the purified `Itrat of the Prophet who are: Ali, Fatima, al-Hasan and al-Husayn, according to the testimony of more than thirty references all of which are authored by "Ahl alSunnah wal Jama`a,"[296] so much so that Imam al-Shafi`i composed the following in this regard: O household of Allah's Messenger! Loving you is an obligation Which Allah enjoined in the Qur'an, His Revelation. Loving them is mandated by the Holy Qur'an; it is an obligation on all followers of Islam, as Imam al-Shafi`i admits. Loving them is the price we have to pay for receiving Muhammad's Message, as the text clearly indicates. Loving them is a form of worship whereby nearness to Allah, the Most Exalted One, is sought. Since the case is as such, why do not "Ahl al-Sunnah wal Jama`a" have any regard for Ahl al-Bayt ? Why do they respect them less than they respect the sahaba?[297] We have the right to ask "Ahl al-Sunnah wal Jama`a" this question. Rather, we challenge them to bring about one Qur'anic verse, or one hadith, making it compulsory on the Muslims to love Abu Bakr or Umar or Uthman or any other sahabi! No, they will never be able to do that. Never! On the contrary; the Qur'an contains numerous verses which point out to the lofty status preserved for Ahl al-Bayt, thus preferring them over all other servants of Allah. And the Prophet's Sunnah contains many ahadith favoring Ahl al-Bayt and placing them ahead of all other Muslims just as the leading Imam is preferred over those whom he leads, and just as a scholar is preferred over an ignorant person. The Qur'an suffices us with this verse, the one mandating love for Ahl al-Bayt discussed here, in addition to the Mubahala verse, the verse mandating the invoking of Allah's blessings unto the Prophet and his Progeny, the verse referring to the removal of all abomination from and the purification of Ahl al-Bayt, the verse mandating their wilayat (mastership), the verse referring to their being chosen by Allah to receive His favors and to inherit the knowledge of the Book. From the Prophet's Sunnah, we content ourselves with hadithal-thaqalain (tradition of the two weighty things), the hadithcomparing Ahl al-Bayt to the ark of salvation, the status hadith, the hadith referring to the complete prayers unto them, thehadith of the guiding stars, the hadith describing Imam Ali as the gate of knowledge, and the hadith numbering the Imams after the Prophet as twelve. We do not wish to say that one third of the Qur'an was revealed in praise and counting the merits of Ahl al-Bayt, as some companions, such as Ibn Abbas, say, nor do we claim that one third of the Prophet's Sunnah praises and lauds Ahl al-Bayt and attracts the attention of people to their virtues and merits as Imam Ahmad ibn Hanbal points out. Suffices us from the Qur'an and the Sunnah what we have quoted from the Sahih books of "Ahl al-Sunnah wal Jama`a" to prove the preference of Ahl al-Bayt over all other people. After casting a quick look at the beliefs of "Ahl al-Sunnah wal Jama`a," at their books and behavior towards Ahl al-Bayt throughout history, we will realize without any doubt that Sunnis opposed and antagonized Ahl al-Bayt, that they unsheathed their swords to fight them, utilized their pens to belittle and abuse them. They have been doing so in order to raise the status of the enemies of Ahl al-Bayt and of those who fought them. One evidence should suffice to give us the convincing proof. As we have indicated above, "Ahl al-Sunnah wal Jama`a" were not identified by this name except during the second Hijri century. That was their reaction to the Shi`as who became loyal to and who followed the line of Ahl al-Bayt. There is no trace or clue whatsoever in Sunni fiqh or rituals or beliefs indicating that they make any reference at all to the Prophet's Sunnah as narrated by Ahl al-Bayt.[298] This happens despite the fact that the people of the house know best what their house contains, for they are the offspring and the progeny of the Prophet. Nobody could ever surpass them in their knowledge or deeds. For three centuries, they were present among the people. They held the reins of spiritual and religious leadership through their Twelve Imams who never differed in any issue with one another. Despite all of that, we find "Ahl al-Sunnah wal Jama`a" adhering to the four sects which were not created except in the third Hijri century, the sects wherein each Imam contradicts that of the other. Despite that, they left Ahl al-Bayt behind their backs, antagonized them and fought all those who followed them. And they are still fighting them even in our day and time... If we need another proof, we only have to analyze the stand of "Ahl al-Sunnah wal Jama`a" vis-a-vis the commemoration of the Day of Ashura, the ominous day when a corner of Islam was demolished, when the master of the youths of Paradise [and all the residents of Paradise are youths] and of the purified Progeny, offspring of the Prophet, and of the selected band of righteous from his believing companions were martyred: FIRST: We will find them pleased with and supportive of those who killed al-Husayn. This must not surprise us, for all those who killed al-Husayn belonged to "Ahl al-Sunnah wal Jama`a." It is sufficient for us to know that the leader of the army appointed by Ibn Ziyad to kill Imam al-Husayn was none other than Umar ibn Sa`d ibn Abu Waqqas. "Ahl alSunnah wal Jama`a," therefore, invoke Allah to be pleased with all thesahaba, including those who killed and who were accomplices in the killing of Imam al-Husayn. They accept their ahadithwhich they label as "authentic." Nay! Some of them even consider Imam Husayn as a Kharijite because he revolted against the authority of "the commander of the faithful Yazid ibn Mu`awiyah"! We have already indicated that the faqih of "Ahl al-Sunnah wal Jama`a" Abdullah ibn Umar had sworn his oath of allegiance to Yazid ibn Mu`awiyah and decreed disobedience to Yazid asharam. He said, "We are with whoever wins." SECOND: We find "Ahl al-Sunnah wal Jama`a" throughout history, from the Day of Ashura till our time, celebrating the Day of Ashura and considering it as an Eid when they take out thezakat of their wealth to distribute to their children, regarding it as a day for blessings and mercy. As if all this does not satisfy them, they now scandalize the Shi`as and criticize them for mourning al-Husayn. In some Muslim countries, they prohibit them from conducting the commemorative ceremonies of this tragic epic and attack them with their weapons, beating or killing some of them in the pretext of fighting innovations. In reality, they do not fight innovations as much as they reenact the roles played by Umayyad and Abbaside rulers who tried their best to obliterate the memory of Ashura and who went as far as desecrating and defacing the grave of Imam alHusayn, prohibiting people from visiting it. They still want to put an end to that memory for fear people would come to know, and so would those who are ignorant, of the truth about Ahl al-Bayt. These would come to know what really happened, and the faults of these folks as well as of those of their masters and leaders would then be unveiled. People will then come to know the difference between right and wrong, between a believer and a sinner. Thus do we once again come to know that the Shi`as are, indeed, the ones who actually adhere to the Prophet's Sunnah because they have followed the Sunnah of the Prophet even with regard to grieving for and mourning the father of Abdullah, Imam Husayn. Confirmed traditions testify that the Prophet of Islam himself wept over the martyrdom of his grandson al-Husayn before it happened when Gabriel told him of al-Husayn's future martyrdom at Karbala. That was exactly fifty years before its occurrence. We also clearly come to know that "Ahl al-Sunnah wal Jama`a" celebrate the Day of Ashura because they followed the "sunnah" of Yazid ibn Mu`awiyah and of Banu Umayyah who used to celebrate that day as the day when they achieved "victory" over al-Husayn. They celebrate putting out Imam al-Husayn's revolution which threatened their very existence. They regarded their "victory" as putting an end to anarchy, as they claim. History tells us that Yazid and Banu Umayyah celebrated that day with a great deal of festivities when the severed head of al-Husayn and those of Ahl al-Bayt who were taken captives reached them. They rejoiced and cursed the family of the Messenger of Allah and composed poetry. The evil scholars among "Ahl al-Sunnah wal Jama`a" sought to please them, so they fabricated for them a number of "traditions" praising that Day. They told them that Ashura was the day when Allah accepted Adam's repentance, when the ark of Noah landed on the Jodi mountain, when the fire turned cool and peaceful unto Abraham, when Joseph was released from prison and when Jacob recovered his vision, when Moses obtained victory over Pharaoh, when a table of viands descended upon Jesus..., etc.!!! All these are fabricated "traditions" which "Ahl al-Sunnah wal Jama`a" and their scholars and Imams have been repeating from the pulpits even in our day and time on the occasion of Ashura. All these are "traditions" which were manufactured by swindlers who put on the garb of scholars and tried to please their rulers by all means, selling their hereafter for the price of this short life, so their trade did not earn them any profit, and they shall be in the hereafter among the losers. They went to extremes in telling lies, claiming that the Prophet migrated to Medina, and it so happened that the day when he reached it was the tenth of Muharram (Ashura). He found the Jews of Medina fasting, so he asked them why. They said, "This is the day when Moses won victory over Pharaoh," whereupon the Prophet, according to this fabrication, said, "We are more worthy of Moses than you." Then he supposedly ordered the Muslims to fast the ninth and the tenth of Muharram. This is nothing but a flagrant lie. The Jews live among us[299] and we never heard that they have an Eid during which they fast and which they call Ashura! We may even wonder why our Lord made that day a blessed Eid for all His prophets and messengers, from Adam to Moses, with the exception of Muhammad for whom it was a day of tragedy, a day of mourning, a day of bad omen, a day when his offspring, his Progeny, were slaughtered as animals are slaughtered, when his daughters were taken captive... The answer is: "He is not asked about what He does, while they shall be asked" (Holy Qur'an, 21:23). But whoever disputes with you in this matter, after the knowledge that has come to you, say: Come: let us call our sons and your sons, our women and your women, and ourselves and yourselves, then let us earnestly pray, invoking Allah to curse the liars. (Holy Qur'an, 3:61) 5) "Ahl al-Sunnah wal Jama`a" and the Curtailed Prayer In a previous chapter, we quoted a verse referring to invoking Allah's prayers unto the Prophet and his progeny, and we also quoted its explanation as provided by the Prophet himself and how he taught people how to make a complete invocation, prohibiting them from using the curtailed one which Allah, the most Exalted One, rejects. Yet we find a great deal of stubbornness from the side of "Ahl al-Sunnah wal Jama`a" who insist on eliminating any reference to Muhammad's Progeny from such an invocation. If they do reluctantly mention them, they include with them (in the invocation) the sahaba all of them. If you say before any of them: Salla Allahu alaihi wa aalih (Allah blesses him and his progeny), he will immediately understand that you are a Shi`a. This is so due to the fact that the complete invocation unto Muhammad and the progeny of Muhammad has become the identifying mark of only the Shi`as. This is a fact which cannot be refuted. I employed it at the inception of my research, identifying each writer as a Shi`a whenever I find him saying Salla Allahu alaihi wa alihi wa sallam (Allah blesses him and his progeny and greets them all) after making a reference to Muhammad. In its absence, I conclude that the writer is a Sunni. I also conclude that a certain writer is a Shi`a when he says: Ali alaihis-salam "Ali, peace be upon him," rather than Ali karrama Allahu wajhah, as is the case with Sunni writers. From the complete invocation, I see how the Shi`as have followed the sacred Prophet's Sunnah versus "Ahl al-Sunnah wal Jama`a" who disobeyed the orders of the Prophet and did not honor them in the least. You find them all uttering the curtailed invocation, and when they feel obligated to add to it the reference to Muhammad's Progeny, they add to them the companions all of them without any exception so that they do not leave any merit or exclusive feat for Ahl al-Bayt whatsoever. All this has resulted from the stand adopted by the Umayyadsversus Ahl al-Bayt and to the enmity which they had against them, the one that in the end caused them to substitute the invocation to Allah to bless Ahl al-Bayt with one invoking Him to curse them. They kept doing so even from the pulpits, forcing people to do so by all means. But "Ahl al-Sunnah wal Jama`a" did not follow the Umayyads' custom of cursing Ahl al-Bayt. Had they done so, the truth about them would have been revealed to the Muslims, and they would have been known as they are, and people would have dissociated themselves from them. So they abandoned the custom of cursing and abusing Ahl al-Bayt, keeping to themselves the animosity and hatred towards Ahl al-Bayt. They tried their best to put their light out by raising the status of their enemies from the sahaba. For the latter they invented imaginary feats which have no relevance at all to the truth. What proves this fact is that you can find "Ahl al-Sunnah wal Jama`a," even in our time, refraining from saying anything against Mu`awiyah and the sahaba who cursed Ahl al-Bayt for eighty years. Rather, they invoke Allah to be pleased with all of them. At the same time, they label as kafir any Muslim who discredits any of the sahaba, issuing fatawa permitting his murder... Some fabricators tried to add something else to the complete invocation, the one which the Messenger of Allah taught to his companions, another part, thinking that it would further undermine the status of Ahl al-Bayt. One narrator quoted the Prophet saying, "Say: O Allah! Bless Muhammad, the Progeny of Muhammad, his wives and offspring." The researcher is of the view that this part was added in order to include Ayesha among Ahl al-Bayt. We say to them: If we, for the sake of argument, suppose that this "tradition" is authentic and that it implies the inclusion of the mothers of the faithful, the sahaba still have nothing to do with Ahl al-Bayt! I personally challenge any Muslim to produce one proof from the Qur'an or from the Sunnah backing his view, for surely the heaven are more within his reach than that. Both the Qur'an and the Sunnah have mandated all the companions as well as all other Muslims who follow thosesahaba till the Day of Judgment to send blessings unto Muhammad and the Progeny of Muhammad. This by itself is a great status compared to which any other status falls short, and compared to which nothing else comes close. Abu Bakr, Umar, Uthman, and all the companions of the Prophet, as well as all the Muslims of the world who are counted by the billions, do, indeed, invoke Allah to bless Muhammad and his Progeny whenever they make theirtashahhud; otherwise, their prayers will be rejected by Allah, Glory to Him. This is exactly the meaning of a verse of poetry Imam alShafi`i composed and the rough translation of which is as follows: Suffices you (O Ahl al-Bayt!) of a great import, Whoever does not bless you, his prayer is void. Al-Shafi`i was accused of the "crime" of being a Shi`a because of having said so. Henchmen of the Umayyads and the Abbasides accuse anyone of being a Shi`a if he blesses Muhammad and the Progeny of Muhammad or who praises them in a verse of poetry or points out to one of their feats. At any rate, researching this subject is quite exhaustive, and it may be dealt with repeatedly in many books. There is no harm in repetition so long as it benefits the reader. What is important is that we have come to know from this chapter that the Shi`as are the ones who follow the Prophet's Sunnah and that their prayers are complete and accepted even according to the views of those who oppose them. "Ahl alSunnah wal Jama`a," on the other hand, have violated in this regard the clear Sunnah of the Prophet, and their prayers are curtailed and are not accepted even according to the views of their own Imams and scholars. Or do they envy the people for what Allah has granted them of His grace? Indeed We have given Abraham's children the Book and wisdom, and We have given them a great kingdom. (Holy Qur'an, 4:54) [292] He says so on p. 23 of his book Al-Imama. [293] His statement , "I do not wish people to say that Muhammad kills his companions. Rather, we will deal with them beautifully, etc." contains an evident proof that the hypocrites were, indeed, among the sahaba. The claim put forth by "Ahl al-Sunnah wal Jama`ah" that the hypocrites were not among the sahaba is rejected because this claim is contradicted by the statement of the Messenger of Allah who refers to them as his companions. [294] In Arabic, she is called al-humayraa which means: the woman the color of whose complexion is slightly red. __ Tr. [295] These were the Meccans who remained heathen till the conquest of Mecca. [296] Refer to the book Ma`a al-Sadiqeen (With the Truthful) by the same author. [297] This is so because all "Ahl al-Sunnah wal Jama`a" favor Abu Bakr, Umar, and Uthman over Ali ibn Abu Talib . Since the latter is the master of the `Itrat and the best of Ahl al-Bayt after the Prophet , "Ahl al-Sunnah wal Jama`a" place Ahl alBayt in the second place in their esteem. They prefer over them the first sahaba to whom they refer as the "righteous caliphs." [298] Nowadays, they claim saying, "We are more worthy of Ali and Ahl al-Bayt from the Shi`as." If so, why did their scholars and the Imams of their sects abandon the fiqh of Ahl al-Bayt and forgot it completely? They, instead, followed sects which they invented and for which Allah sent no proof. The Most Exalted One has said, "The most worthy among people of Ibrahim are those who followed him." As for those who did not follow him, they clearly are not worthy of him. [299] The author is from Tunisia where a good number of Jews have been living for centuries. __ Tr. Prophet's Infallibility and its Impact on "Ahl alSunnah wal Jama`a" The belief that the Prophet was infallible is a topic about which Muslims differ with one another. It is, however, the only factor that makes it compulsory on the Muslims to accept the Prophet's injunctions without any discussion or argument, especially since they believe that he does not speak out of his own desire but conveys the revelation from His Lord. They, otherwise, would not believe that the Prophet's statements and injunctions, beyond the text of the Holy Qur'an, are binding; instead, they are matters relevant to his own ijtihad. But if they do uphold such a belief, feeling convinced that all affairs are referred to Allah, and that the Prophet is only a means to convey and to explain such affairs, they would then be Shi`as. Many sahaba came to be widely recognized as having adopted such a conviction. These are headed by Imam Ali, peace be upon him, who would not alter the Sunnah of the Prophet in the least, who regarded it as Allah's revelation; so, nobody can resort to his own personal view and ijtihad in the presence of the injunctions of Allah, Glory and Exaltation are His. But if they believe that the Prophet is not infallible in his statements and actions, that infallibility is relevant only to the Holy Qur'an, and that besides all of that the Prophet is not different from any other human being: once he is right and once he is wrong. If they uphold such a belief, they would be belonging to "Ahl al-Sunnah wal Jama`a" who say that it was alright for the sahaba and scholars to employ itjihad, even in the presence of the Prophet's statements and injunctions, and according to the dictates of the public interest, in the light of the circumstances, and according to the views of the ruler. It needs no explanation that the righteous caliphs (with the exception of Imam Ali) did, indeed, follow their own personal views despite the presence of the Prophet's Sunnah. Then they went beyond that to apply the principle of ijtihad even in the presence of relevant Qur'anic texts. Their views, hence, came to be identified by "Ahl al-Sunnah wal Jama`a" as binding injunctions (ahkam) which they require all Muslims to abide by them. We have already discussed the ijtihad of Abu Bakr and Umar in our book With The Truthful and also in Ask Those Who Know, and we may write a book dedicated in its entirety to this subject, if Allah pleases. We have also come to know that "Ahl al-Sunnah wal Jama`a" add other types of ijtihad to the two major sources of Islamic legislation, namely the Qur'an and the Sunnah, including the "sunnah" of both shaykhs (Abu Bakr and Umar), and thesahabi's ijtihad. All of this is the result of their belief that the Prophet was not infallible, that he used to use his own judgment, and that some sahaba used to correct his views and make amends for his mistakes [Astaghfirullah!]. This clearly shows that "Ahl al-Sunnah wal Jama`a" allege that the Prophet was a faulty person... Whether they know it or not, they, therefore, permit anyone to contradict or disobey him. Neither the Shari`a nor reason obligates anyone to obey a faulty person. In other words, as long as we think that such an individual is liable to err, we do not have to obey him. How can we obey what is wrong? It also becomes clear to us, in contrast, that the Shi`as believe in the absolute infallibility of the Prophet, enforcing obedience to him because he is, from their viewpoint, is infallible. It is not permissible, the Shi`as advocate, to disobey him under any circumstance. Whoever contradicts and disobeys him does, in fact, contradict and disobey his Lord. It is to this principle that the Holy Qur'an refers in many verses such as these: And whatever the Prophet gives you, accept it, and from whatever he forbids you, stay away. (Holy Qur'an, 59:7) And obey Allah and the Prophet so that you may be shown mercy. (Holy Qur'an, 3:132) Say: If you love Allah, follow me: Allah will (then) love you and forgive your faults, and Allah is Forgiving, Merciful. (Holy Qur'an, 3:31) There are many other such verses which obligate the Muslims to obey the Prophet and not to contradict him because he is infallible and does not convey except what he is required by Allah, Glory to Him, to convey. This by necessity proves the fact that Shi`as are the ones who uphold the Prophet's Sunnah because of their belief that the Prophet is infallible and that following him is incumbent upon each and every Muslim. It also proves that "Ahl al-Sunnah wal Jama`a" are distant from the Prophet's Sunnah due to their belief that the Prophet is fallible and that disobeying him is permissible. (All) people were a single nation, then Allah raised prophets as bearers of glad tidings and as warners, and He revealed with them the Book with the truth so that it might judge between people in whatever they disputed, yet none except the very people who were given it differed about it even after clear arguments had (already) come to them, disputing among themselves; so Allah guided by His will those who believed to the truth about which they disputed, and Allah guides whomsoever He pleases to the Right Path. (Holy Qur'an, 2:213) With Dr. al-Mousawi and his "Authentication" I met a group of educated youths at the house of a Brother in Islam to whom I was linked with ties of kinship and childhood memories. The meeting took place at a Paris suburb during a banquet he held on the occasion of a long awaited birth of a son, a newborn with whom Allah blessed him after an extended period of hopeful anticipation. Our discussion revolved around the Shi`as and the Sunnis. Most of those present were Algerians who were very enthusiastically in support of the Islamic revolution [in Iran]. They were criticizing the Shi`as, repeating well known ageold myths. They differed among themselves. Some of them were fair minded persons who said that the Shi`as were their brethren, whereas there were others who charged the Shi`as with every misguidance, even preferring Christians over them. When we dealt in depth with the discussion and deduction, some of them kept making fun of me, saying that I was one of those persons who were deceived by the glitter of the Iranian revolution. My friend tried to convince them that I was a well known researcher and author of many books dealing with this same subject. One of them, however, said that he had the proof which could never be repudiated. Suddenly everyone stopped speaking. I asked him what that proof was. He asked me to wait for a few minutes. Then he quickly went to his adjacent house and came back carrying a book titled Al-Shi`a walTasheeh (Shi`as and authentication) by Dr. Musa al-Musawi. I laughed when I saw the book and said, "Is this the proof which cannot be repudiated?!" He turned to those present and said: The author of this book is the greatest Shi`a scholar, one of the highest Shi`a authorities. He has a certificate inijtihad; his father and grandfather are also scholars. Yet he recognized the truth and renounced Shi`ism, becoming one of Ahl al-Sunnah wal Jama`a. And I am confident that had this Brother (meaning myself) read this book, he would not have defended the Shi`as at all, and he would have come to know about what they hide and about their deviation. Again I laughed and said to him, "So that you may know that I did, indeed, read it as a scrutinizing researcher, I will provide you, before everyone present here, the proof which cannot be repudiated from the book itself and which you have just brought!" He and everyone else present eagerly said, "Let us hear it from you." I said, "I do not remember the exact page number, but I do remember the title very well which is `What Shi`a Imams say about the Righteous Caliphs.'" He asked me, "And what is wrong with it?" I said, "Look for it and read it before everybody, then I will explain to you the irrevocable proof it contains." He found the chapter and read it to those present. Its summary is that Imam Ja`far al-Sadiq, peace be upon him, used to express pride at being a relative of Abu Bakr "al-Siddeeq," saying, "Abu Bakr begot me twice." Those who quote this statement narrate saying that Imam al-Sadiq, on the other hand, used to discredit Abu Bakr. Dr. al-Musawi comments by saying, "Is it rational for Imam al-Sadiq to brag about his grandfather [Abu Bakr] on one hand then discredits him on the other? Such talk is not coming from an ordinary ignorant person but from an Imam." Everyone asked, "Where is the proof in all of this?! It sounds reasonable and logical." I said, "Dr. al-Musawi concluded from Imam al-Sadiq's statement that Abu Bakr begot him twice that he used to be very proud of his grandfather, but such a statement does not indicate at all that it contains any praise of Abu Bakr. Add to this the fact that Imam al-Sadiq was not a direct grandson of Abu Bakr but only his mother's grandfather was Abu Bakr. Keep in mind that Imam al-Sadiq was born seventy years after the death of Abu Bakr; so, he never saw him." They said, "We do not understand what you mean by that." I said, "What would you say about someone who brags about his immediate grandfather, the father of his father, saying that he is the most knowledgeable man of his time, and that history never knew a match for him, then he says that he studied and learned from him: is it reasonable for us to expect him to discredit him after having thus praised him? Can a rational person brag about someone on one hand then call him kafir on the other?!" They all said, "No, this is not reasonable, and it cannot be." I then said, "Read what is written on the first page of the book in your hand. You will see that Dr. al-Musawi is that same person!" He read the following: I was born and raised at the home of the greatest leader of the Shi`a sect, and I studied and learned at the hands of the greatest scholar and religious authority the history of Shi`ism has ever known from the time of the Great Occultation till our time: He is the greatest Imam Sayyid Abul-Hasan al-Musawi about whom it is said, "He made people forget those before him and eclipsed those who came after him." I said, "All Praise is due to Allah Who has manifested the truth through the words of al-Musawi himself! He personally indicted himself when he wondered: `Is it rational for someone to brag about his grandfather on one hand then discredit him on the other? Such talk comes only from an ordinary ignorant person...' One who describes his grandfather with such great merits which did not combine in anyone else among genius scholars, claiming that he learned at his hands and derived his knowledge from him, then he turns to discredit him and his creed, cannot be anyone but an ordinary ignorant person." Everyone lowered his head, whereas my friend and host felt excited and said, "Did I not tell you that Brother al-Tijani is an objective and logical researcher?!" The person who had the book with him, and who was making the most noise, contemplated for some time then said, "Listen, Brother! Maybe Dr. al-Musawi came to know the truth after growing up and learning. Glory to Allah! Seek knowledge from the cradle to the grave!" I answered him by saying, "Had the case been as you say, Dr. al-Musawi should have disowned his grandfather and mentor who granted him his certificate ofijtihad, rather than his bragging about them and builing an argument based on their testimony while, at the same time, unknowingly calling them kafirs. If I discuss all the topics he wrote about, I will show you wonders." That meeting terminated after explanations and details provided about the nature of the confusion. Its results, by the Praise of Allah, were very positive: three persons saw the light of truth after reading my books. Now I seize the opportunity to briefly present my kind readers with some of what I have written about this topic because the book titled Al-Shi`a wal-Tasheeh is effective wherever there are Wahhabis. The latter have the wealth and the influence in some areas; therefore, they may be able to influence some Muslim youths who are not familiar with the Shi`as and deceive them with this book. They may stop them from arriving at useful researches and may thus install a barrier between them and the truth they seek. These opponents have used the book titled Al-Shi`a walTasheeh by Dr. Musa al-Musawi as their argument against the Shi`as, printing millions of its copies and distributing them free of charge among educated youths through the efforts of authorities whose goals and objectives are very well known to the elite as well as to the commoners. These naive people thought that they refuted the beliefs of Imamite Shi`as by publishing and distributing a book simply because its author is Ayatullah al-Musawi, a Shi`a, so that their argument would be built on citing someone from the Shi`a folks themselves. But these poor souls have overlooked many issues which they did not calculate and whose negative results they could not assess. The result: a great deal of selfinflicted harm. Personally, I do not waste my time in rebutting Dr. Musa alMusawi's lies with which he filled his book. I think that my bookMa`a al-Sadiqeen (With The Truthful) contains convincing responses to his lies although it was written shortly before his own book and its context was simply to prove that Shi`a beliefs are all based on the Holy Qur'an and the authentic Sunnah of the Prophet, as well as the consensus of the Muslims, including "Ahl al-Sunnah wal Jama`a." We did not discuss any of their beliefs without proving it from the Sahih books of "Ahl al-Sunnah wal Jama`a." It is thus proven that what Dr. Musa al-Musawi says is nothing but nonsense and allegations which are not based on any scientific proof or Islamic logic, and it discredits "Ahl alSunnah" before all others. It also is quite clear that those who promoted his book do not know much about Islamic facts, thus unveiling their own faults and ignorance. All Shi`a beliefs the author of this book criticizes and which he uses to slander the Shi`as, are all, by the Grace of Allah, backed by the authentic books of "Ahl al-Sunnah wal Jama`a." The shame is not on the Shi`as but on Musa alMusawi and "Ahl al-Sunnah wal Jama`a" who do not know what their Sahihand Musnad books contain. Consider the following: Reference to the subject of Imamate and to the ahadith saying that the successors to the Prophet are twelve and are all from Quraysh is not an invention of the Shi`as; it exists in Sunni Sahihand Musnad books; The belief in Imam al-Mahdi, that he belongs to the purified Progeny of the Prophet, who will fill the earth with justice and equity after its being filled with injustice and oppression, is not a Shi`a invention but exists in the Sahih books of "Ahl al-Sunnah wal Jama`a." Saying that Imam Ali ibn Abu Talib is the wasi of the Messenger of Allah is not a Shi`a invention but exists in theSahih books of "Ahl al-Sunnah wal Jama`a." The belief in and the practice of the concept of taqiyya is not a Shi`a invention; rather, it exists in the Holy Qur'an and is fixed in the Prophet's Sunnah, and all of this is backed by the Sahihbooks of "Ahl al-Sunnah wal Jama`a." The belief in the legality of temporary marriage (mut`a) is not a Shi`a invention; rather, Allah and His Messenger permitted it whereas Umar prohibited it. This is proven by the authentic books of "Ahl al-Sunnah wal Jama`a." The belief in the payment of the khums levied from profit earnings is not a Shi`a invention; rather, the Book of Allah and the Sunnah of His Messenger mandate it as the Sahih books of "Ahl al-Sunnah wal Jama`a" testify. As for visiting the shrines of the Imams, this is not done by the Shi`as alone; "Ahl al-Sunnah wal Jama`a" visit the shrines of righteous walis and other good people, holding in their honor annual festivals and celebrations. The belief in the badaa and that Allah obliterates or confirms whatever He pleases is not the product of the Shi`as' imagination; rather, it is confirmed in Bukhari's Sahih. To combine the prayers in exceptional situations is not an invention of the Shi`as; it exists in the Holy Qur'an; it was practiced by the great Prophet, and it is confirmed by the Sahihbooks of "Ahl al-Sunnah wal Jama`a." To believe in the obligation of prostrating on the dust and on the ground is not a Shi`a invention; rather, it was done by the Master of Messengers and the Seal of Prophets as testified by the Sahih books of "Ahl al-Sunnah wal Jama`a." Besides these issues which Dr. Musa al-Musawi mentions in order to blow things out of proportions and to make a fuss, such as the rumor of the distortion of the Qur'an, "Ahl alSunnah wal Jama`a" deserve to be charged with it rather than the Shi`as, as we explained in our book With the Truthful. To sum up, the book written by Dr. al-Musawi entirely contradicts the Book of Allah and the Sunnah of His Messenger. It contradicts the Muslims' consensus as well as the dictates of sound reason. A great deal of what al-Musawi resents constitutes religious obligations mandated by the Holy Qur'an and ordered by the great Messenger of Allah. These obligations, moreover, are agreed upon by all Muslims. One who denies them is an apostate according to the consensus of the Muslims. If he means by "authentication" the altering of such beliefs and injunctions, he will then have committed kufr and abandoned Islam altogether, and all Muslims are required to denounce him. He probably means by it the altering of his own personal beliefs from whose complexes he suffers. Such complexes clearly demonstrate that he really does not know anything about Shi`ism. Or he may have had a personal grudge against the Shi`as whom he considers to be responsible for the murder of his father who, as he says on p. 5 of his book, was slaughtered by a criminal in religious garbs as a ram is slaughtered. So he grew up since his childhood suffering from that complex, bearing grudge against the Shi`as without their having committed any sin. He, therefore, directed his attention towards "Ahl al-Sunnah wal Jama`a" and shared their grudge and animosity towards the followers of Ahl alBayt. He, in fact, never in reality belonged either to this party or to that. He did not know anything about the Shi`as except the lies circulated by their enemies. Nor did he know about "Ahl al-Sunnah wal Jama`a" except their Friday and congregational prayers, that is to say, if he ever attended them. If his objective is as such, then he ought to correct his corrupt beliefs whereby he differed from the consensus of the nation. As he claims on p. 5 of his book, Dr. al-Musawi grew up and learned at the hands of the greatest leader and theologian known in the history of Shi`ism since the Major Occultation, namely his grandfather the greatest Imam Sayyid Abul-Hasan about whom it is said that "he made people forget those before him and eclipsed those who succeeded him." If such is the case, why did he not learn from him and adorn himself with his manners? Why did he not follow his guidance and nourish his mind with his knowledge? Rather, we find him in his book deriding and ridiculing the beliefs of his grandfather, the Imam and the leading religious authority of his time for whom the history of the Shi`as never saw a match. All this proves that the al-Musawi was disobedient to his parents. Actually, his disobedience went beyond that to include calling his grandfather as well as parents kafir. Had the Shi`as been kafir, as al-Musawi sees them, then their authority and greatest leader who led them to kufr was none other than his own grandfather (who is surely clear of this accusation). It is a shame beyond which there is no other shame that the grandson Musa al-Musawi should be ignorant of what his grandfather Abul-Hasan al-Musawi, may Allah have mercy on his soul, wrote in his book Waseelat al-Najat (the means to salvation). Yet the grandson claims that he learned and was tutored by grandfather! And it is a great shame that a young Tunisian man who lives thousands of kilometers away from Najaf[300] should be more familiar with the book titled Waseelat al-Najat: he finds through it guidance to the facts relevant to Ahl al-Bayt. In contrast, the grandson of the author of this book, who was born and who grew up in his house and was tutored by him [as he claims], never did. What the greatest Imam Sayyid Abul-Hasan al-Musawi alIsfahani (may Allah sanctify his soul) wrote in Waseelat alNajat is contradicted and ridiculed by his grandson Dr. Musa al-Musawi. The latter regarded it as deviation from the path of Islam. Yet logic says that if the doctrine of the greatest Imam and the religious authority, for whom the history of the Shi`as never found a match (as his grandson thinks), is sound and accurate, the doctrine of the grandson is apostasy and misguidance. And had the doctrine upheld by Dr. Musa al-Musawi been sound and accurate, the doctrine of his grandfather should have been apostasy and misguidance. In the latter case, he has to disown him rather than brag about him and make such glowing reference to his being raised by him as he states in the Introduction to his book. Through this argument and logic can the highly coveted certificate earned by Musa al-Musawi from Al Kashif alGhita be thrown out for the following reasons: FIRST: The photograph he included in his book of a statement testifying to his having earned a high degree of Islamicfiqh, namely the degree of ijtihad, is no more than a license relevant to the traditions the student had learned from his teacher; it is given by mentors to most of their students. I personally have two such certificates: one from [the late] Grand Ayatullah Imam Abul-Qasim al-Khu'i of Najaf, and the other from [the late] Grand Ayatullah al-Mar`ashi al-Najafi of Qum. So, a certificate in narrating hadith is not an advanced degree in Islamic fiqh as Dr. Musa al-Musawi claims in order to fool the commoners among his readers who do not know the system and the stages relevant to the studies conducted at scholarlyhawzas. SECOND: The grandson of one of the greatest scholars, who feigns the ability to correct others, has betrayed the trust with which he was entrusted by his teacher and mentor who, al-Musawi claims, granted him the degree of ijtihad. The late supreme religious authority and head of the scholarly hawza of al-Najaf al-Ashraf Muhammad al-Husayn Al Kashif al-Ghita has said the following with regard to the certificate a photo of which is published in al-Musawi's book: "I [hereby] grant him permission to quote the authentic traditions which I had myself learned from my great mentors and revered professors [and which I taught him]." We have seen how al-Musawi rebuts and ridicules everything narrated by Al Kashif al-Ghita, the supreme religious authority and the head of the scholarly hawza who cites his great mentors and revered professors in his [al-Ghita's] book Asl al-Shi`a wa Usuliha (roots and principles of the Shi`as). In that book, the author states all the beliefs and injunctions to which the Shi`as adhere. So how can anyone compare the book titled Al-Shi`a wal-Tasheeh which his betraying student wrote with the book titled Asl al-Shi`a wa Usuliha which the supreme religious authority Kashif alGhita wrote? Since Kashif al-Ghita is the supreme religious authority and the head of the scholarly hawza at al-Najaf al-Ashraf, as alMusawi admits on p. 158 of his book, and since al-Musawi brags about the lofty certificate he earned from him thirty years ago, why does not the junior student al-Musawi ridicule the beliefs of his great professor who taught him and, as he claims, granted him a lofty certificate?! If the supreme religious authority and the head of the scholarlyhawza Shaykh Muhammad al-Husayn Al Kashif alGhita is right and his beliefs are accurate, al-Musawi is then wrong and all his beliefs are false. Had the supreme religious authority been wrong and his beliefs inaccurate, so al-Musawi ridicules and rebuts them, then the latter should not have told lies to people and deceived them into thinking that he had earned his high certificate in Islamic fiqh, that is, the degree of ijtihad, from his holiness. The beliefs of Musa al-Musawi are labelled as accurate only by the author himself who says so in his book. He lauds his grandfather Abu al-Hasan al-Musawi al-Isfahani as the greatest leader and theologian known in the history of Shi`ism since the Major Occultation. He brags of being the student of Kashif al-Ghita whom he describes as the man who granted him his "high degree." And he labels millions of Shi`as from the day of the Saqeefa till our time as "kafir." I had promised my Lord to examine every issue before judging it. I, therefore, read Musa al-Musawi's book Al-Shi`a wal-Tasheeh with all my faculties in the hope I might find in it what I had missed and complete what was lacking in my knowledge. But I found nothing in it except lies and contradictions and the denial of what is already confirmed by the text of the Holy Qur'an. I even found it ridiculing the Sunnah of the Prophet and violating the consensus of the Muslims. I then realized that al-Musawi did not exert any effort to even read al-Bukhari's Sahihwhich is held by "Ahl al-Sunnah wal Jama`a" as the most authentic of all books. AlMusawi, according to his book, wants the Shi`as to join the ranks of "Ahl al-Sunnah wal Jama`a" and thus forsake the commandments of Allah and His Messenger. This "brilliant scholar" earned a "high certificate" in Islamic jurisprudence, namely that of ijtihad, at the age of twenty (Praise to Allah Who grants wisdom to whomsoever He pleases!) followed by a Ph.D. in Islamic Legislative System (Shari`a) from Tehran University in 1955. Do not forget that he was born in al-Najaf al-Ashraf in 1930. He also earned his Doctorate of Philosophy from Paris University (the Sorbonne) in 1959. I say: Had he taken time to read only al-Bukhari's Sahih, a book regarded by "Ahl al-Sunnah wal Jama`a" as quite reliable, he would not have fallen in such a dilemma from which he will never find any exit except by sincerely repenting, and by returning to Allah. Otherwise, high degrees, attractive titles, and money spent to divide the Muslims will not avail him in the least. Allah, the most Exalted One, has said, Surely those who disbelieve spend their wealth (only) to hinder (people) from the way of Allah; so they shall spend it, then it shall be to them (the cause of) an intense regret, then they shall be overtaken; and those who disbelieve shall all be driven to hell so that Allah might separate the impure from the pure and put the impure upon one another and pile it up together then cast it into hell: These are the losers. (Holy Qur'an, 8:36-37) His book, anyway, is full of self-contradictions in which any researcher stumbles. If al-Musawi finds himself qualified to correct the beliefs and ahkam of those who adhere to Shi`ism, I invite him to a televised interview and to a scholarly debate attended by any researcher or verifier who wishes to attend so that people may come to know after it who really needs to be corrected. This is what the Holy Qur'an calls for and what free thinking in the most civilized societies encourages so that the Muslims will see their affairs clearly and will cease charging some people, out of sheer ignorance, of being kafir then repent thereafter. Say: Bring your proof if you are truthful. (Holy Qur'an, 2:111) One thing remains to state so that we may be fair to Dr. alMusawi. It is the reference he makes in his book to these subjects for which he provides three major headings: 1. self-flagellation during Ashura 2. the third portion of Shehada (that Ali is a servant of Allah) 3. terrorism As for self-flagellation, it is not one of the doctrines of the Shi`as, nor is it a part of their creed. Rather, it is what some commoners do, and Shi`as are not the only ones who practice it. There are some Sunnis, particularly those who follow the [sufi] Aysawi tareeqa, which is well known throughout all of north Africa, who practice rituals more damaging to Islam's image than what some Shi`as do. Yet by practicing them they do not express their grief for the tragedy that befell Imam alHusayn, nor for the suffering of Ahl al-Bayt, peace be upon them. We agree with the author's statement in his book in this regard, and we would like to work with him to remove this phenomenon from all Muslim lands. There are many sincere Shi`a scholars who prohibit such an abomination and try hard to put an end to it, as al-Musawi himself admits. As for the third portion of the declaration of faith, that is, that Ali is a friend of Allah, al-Musawi himself knows very well that Shi`a scholars always say that it is not a part of the athan. If one says it with the intention of its being obligatory, or with the intention of its being part of the athan or the iqama, both hisathan and iqama will be void. Al-Musawi knows this fact very well, but he only wishes to make a fuss about anything that serves his suspicious objective. Regarding terrorism, we categorically reject it just as Dr. alMusawi rejects it. Yet it was not appropriate for Dr. alMusawi to attach this horrible charge to the Shi`as, for the wave of terrorism which has stamped the past decade with its seal is an inevitable result of the ongoing struggle between the East and the West, the North and the South, the arrogant ones and the downtrodden, the usurpers and those whose lands and everything else were usurped. Why does Dr. al-Musawi link drug traffickers to the Shi`as? History testifies that the Shi`as have been targeted throughout history by followers of all other sects, by various governments, and by the colonizers, yet they have always rejected terrorism in all its forms and shapes. Why does al-Musawi not talk about the terrorism of Mu`awiyah and the assassinations which he staged to eliminate many Muslims and which culminated with poisoning Imam al-Hasan ? He used to always assassinate his opponents from truthful believers with poison then says, "Surely Allah has hosts made of honey." Are promoters of world Islamic movements, who have been described [by the enemies of Islam, including governments of Muslim countries] as "terrorists," in Palestine, Egypt, the Sudan, Tunisia, Algeria, Afghanistan, and even in Western countries, in the Pacific, in Ireland, and elsewhere, adhere to the Shi`a faith?! If Dr. al-Musawi defines "terrorism" as the kidnapping of hostages or the rerouting then blowing up of airplanes, freedom fighters from the Palestinian people, who have been displaced and expelled by Israel after being forced out of their homes, are the ones who kidnapped hostages at the Munich stadium at the beginning of the 1972 Olympic sports and killed a number of Israeli participants in them. They are the ones who rerouted some airplanes then blew them up. They did all of this in order to wake up the world's conscience and to introduce their case to the world and make them aware of the oppression inflicted upon them and the like of which humanity never saw throughout its entire history. Al-Musawi bears witness that these are not Shi`as. If Dr. alMusawi permits himself to be influenced by those who run the foreign news media and who try their best to attach this horrible accusation to the Shi`as because of the political stand and the extreme animosity of such media to the Islamic Revolution (of Iran), the same media apparatuses include on the top of their list of international terrorists Libya, Syria, and Iraq, and these are not necessarily Shi`a countries. So why does Dr. al-Musawi specifically singles out the Shi`as when he discusses terrorism in his book? He himself says on p. 122 that the Shi`a government of Iran does not represent all the Shi`as of the world or even of Iran. If the case is as such, then Dr. al-Musawi has to correct his own concepts. Thus do we do justice to Dr. al-Musawi and distinguish the truth from falsehood, the good from the bad. We have proven to the kind readers the fact that all the beliefs upheld by Imamite Shi`as are accurate and sound because they are all derived from the Holy Qur'an and the Prophet's Sunnah. The attempts of those who have special interests, the trouble makers, the enemies of Allah, of His Messenger, and of Islam, to level false charges and to circulate false rumors in order to discredit the beliefs of those who uphold the Purified Progeny will fail and bear no fruit whatsoever. Allah, the Most Exalted One, has said, As for the scum, it passes away as a worthless thing; as for that which benefits people, it tarries in the earth; thus does Allah set parables. (Holy Qur'an, 13:17) We plead to Him, the Glorified One, the most Exalted, to guide all of us and to enable us to achieve what He loves for us to achieve, to inspire to us the means of guidance, to remove His wrath from us, to dispel our agony with the presence of the Awaited One, and to hasten for us his reappearance. They see it distant, while we see it nigh. And the last of our supplication is: "All Praise is due only to Allah, the Lord of the Worlds, and the best of prayers and the purest of salutations are unto the man who was sent as a mercy for all the worlds, our master and leader Muhammad and unto his righteous and purified Progeny. [300] Here, the author is referring to himself. __ Tr. Ahadith: plural of hadith (see below) Ahkam: plural of hukm, a religious ruling, an injunction Ansar: supporters, Muslims in Medina who supported Prophet Muhammad's cause Aqeeq: carnelia stone Ashura: the tenth day of the month of Muharram Ayat: a Qur'anic verse; literally: a miracle Bad_a: starting point, the very beginning of something, the onset Basmala: the pronouncement of Bismillahir-RahmanirRahim Bayt al-Mal: Islamic government's state treasury Bid`a: an innovation in religion not based on the Qur'an or the Sunnah Dinar: an Islamic (now Arab) gold currency varying in weight Dirham: an Islamic silver currency weighing approx. 3.12 grams Fajr: daybreak Faqih: jurist, one who is knowledgeable in Islamic jurisprudence Fatawa: plural of fatwa, a religious edict or decision Fatwa: singular of fatawa (see above) Fidya: blood money, montary compensation for either murder or a crime as serious as murder Fiqh: the science of Islamic jurisprudence Ghazwa: a military campaign, invasion Ghulat: plural of ghali, an extremist, one whose views and/or actions are excessive, the name of an renegade sect Ghusul: ceremonial bath Hadith: (singular; plural: ahadith) tradition, a statement made by Prophet Muhammad Hafiz: singular of huffaz, one who learns and memorizes the entire text of the Holy Qur'an by heart Hajib: chamberlain, doorman Hajj: Islamic pilgrimage to Mecca during the prescribed period Halal: Islamically permissible, admissible, allowed Haram: Islamically prohibitive, inadmissible, forbidden Hawza: a university-type place for Islamic studies Hijab: veil, curtain, barrier Hijra: migration of Prophet Muhammad (P) and his supporters from Mecca to Medina Huffaz: plural of hafiz (see hafiz above) Ibtihal: supplication, invocation Ijma`: a consensus view Ijtihad: the degree one reaches in order to be qualified as amujtahid, one who is capable of deriving religious decisions on his own Imam: leader of an ummah, a group of people (small or big); he may be the one who leads others in congregational prayers, or a supreme relgious authority, or one of the Twelve Infallible Imams (as) Iqama: the formal introduction to a daily prayer Isnad: the method whereby one hadith is traced and in the end attributed to a muhaddith, traditionist, one who transmitted it the first time Istihsan: highly recommending something to be acted upon, to be implemented, to be accepted as part of the creed `Itrat: progeny (usually) of Prophet Muhammad Jahiliyya: pre-Islamic period of ignorance Janaba: uncleanness caused by seminal discharge Jihad: a struggle, an effort exerted, or a war waged in defense of Islam Kafir: infidel, apostate, atheist, one who does not believe in the existence of the Creator Khaleefa: caliph, supreme Islamic ruler Khums: one-fifth of one's savings (now paid by Shi`a Muslims only) set aside from annual income Khutba: lecture, sermon; a speech delivered on a specific occasion Kufr: apostacy, infidelity, disbelief Majlis: meeting or gathering held to commemmorate certain religious occasion, mostly applied to those held during the month of Muharram or to recite the Fatiha for a deceased person; plural: majalis, places where people sit to meet on an important occasion Maraji`: plural of marji` (see below) Marji`: a high theological authority-referee whose religious edicts are followed others Marji`iyya: the institute of following or imitating a marji` (see above) Mawla: depending on its usage, it may mean either "master" or "slave," or it may mean one who is most fit for a specific position of honor and prestige. Derived from the adjective awla(one who is best qualified), it means: the person who is best suited to be the religious and temporal leader of all Muslims. Mufti: a judge empowered to issue binding legal opinions relevant to the Islamic faith Mujtahid: one who acquires the degree of ijtihad and thus becomes capable of deriving religious decisions on his own Musnad:	cc/2021-04/en_head_0017.json.gz/line901
__label__cc	0.643319	0.356681	NOW ONLINE BIOELECTROMAGNETICS VOLUME 42, ISSUE #1 (Jan 2021) Authored by: James Lin I am delighted to announce Bioelectromagnetics, Volume 42, Issue #1 (January 2021) is NOW Available online (see below). Thank you so much for all you do for the Bioelectromagnetics Journal. We greatly appreciate your research, submission, review, and feedback as they all contribute to disseminate knowledge and scientific findings that move our research area forward. Please alert colleagues in your professional circles of this new BEM issue. It’s sincerely appreciated! Also remember to cite papers published in Bioelectromagnetics when using them in your work and research. Thank you again for your support, James Lin BIOELECTROMAGNETICS Vol. 42#1 Jan 2021 issue is NOW AVAILABLE online The link https://onlinelibrary.wiley.com/toc/1521186x/current will take you to articles in the current issue. It’s a good time to find out what’s new in bioelectromagnetics research. The BEM journal serves as a focal point for scientists, professionals, academics, graduate students, fellows, and associates pursuing research throughout the world. It is committed to publishing high-quality, independently peer-reviewed research and review articles focusing on experimental, theoretical, and clinical aspects of the interaction and application of electromagnetic fields and waves in biological systems. We thank our authors for submitting their discovery and innovation for publication in Bioelectromagnetics. Topics in this issue include: Association Between Mobile Phone Radiation Exposure and the Secretion of Melatonin and Cortisol, Two Markers of the Circadian System: A Review The effects of antioxidant vitamins on proinflammatory cytokines and some biochemical parameters of power plant workers; A double-blind randomized controlled clinical trial Modulation of the cell membrane potential and intracellular protein transport by high magnetic fields Temperatures, heart rates, and breathing rates of pigs during RF power deposition in a 3T (128 MHz) body coil Magnetosensitivity in the stingless bee Tetragonisca angustula: magnetic inclination can alter the choice of the flying departure angle from the nest The Short-Term Effect of Occupational Levels of 50 Hz Electromagnetic Field on Human Heart Rate Variability Effects of Low-Intensity Microwave Radiation on Oxidant-Antioxidant Parameters and DNA Damage in Liver of Rats Reliable Method for Fabricating Tissue Mimicking Materials with Designated Relative Permittivity and Conductivity at 128 MHz Robotic lawn mower – a new source for domestic magnetic field exposure Please SUBMIT your discovery, innovation, and study to Bioelectromagnetics. A journal that publishes the best research in electromagnetics in biology and medicine with a unique mix of articles dedicated to electromagnetic radiation effects, exposure dosimetry, safety protection, and biomedical uses and applications. Bioelectromagnetics covers the entire spectrum of nonionizing radiation research and is essential reading for biological scientists, engineers, medical doctors, biophysicists, and public health specialists in academia, government, and industry. The journal is open to a broad range of topics whose central theme falls within the interaction and application of electromagnetic fields and waves in biological systems, spanning static fields to terahertz waves and visible light. Authors are encouraged to submit their latest work via the online submission system: https://mc.manuscriptcentral.com/bem VIEW GUIDE FOR AUTHORS https://onlinelibrary.wiley.com/page/journal/1521186x/homepage/forauthors.html Professor James Lin, Ph.D. Bioelectromagnetics journal (https://onlinelibrary.wiley.com/journal/1521186x) University of Illinois at Chicago (M/C 154) Chicago, Illinois 60607-7053 USA	cc/2021-04/en_head_0017.json.gz/line903
__label__wiki	0.744798	0.744798	Crystal Luxmore Toronto Through the Eyes of Ian Clarke It's the off-season for Ian Clarke, the man in charge of the money for the Raptors and the Maple Leafs. Most summer days he trades in his suit for a short-sleeved shirt, gold chain hanging on an open neck. In September, his suit and tie will make a comeback as Clarke attends nearly every hockey and basketball game of the season, schmoozing clients in the corporate suites he implemented, hanging in the VIP lounge and checking that beer service (another of Clarke's ideas) is fast flowing before grabbing a late-night dinner or drinks with his wife and some friends. With a life like this, it's hard not to like Toronto. The Montreal native moved here in 1984, along with his girlfriend (now wife), a new Chartered Accountant designation, and the energy to "work hard and play harder." In 1990 he joined Maple Leaf Gardens Limited and rose up the ranks, financing the 1998 deal to buy out the Raptors and the Air Canada Centre. As the Executive Vice-President and Chief Financial Officer for Maple Leaf Sports and Entertainment, Clarke, a father of two teenage sons, is one bean-counter that knows how to have a good time. "We're in the entertainment business so if you're not having fun here you should check your pulse," he says. What neighborhood did you move to when you first came to Toronto and where do you live now? Our first apartment was on Sherbourne and Bloor. It was quite a surprise to us after moving up from Montreal. The first night we go for a walk and we realize that it was an area frequented by prostitutes... Now we're settled in Pickering. Why the GTA? I grew up in Montreal in the suburbs. I don't have a cottage like a lot of people I work with so I find that it gives me the little breathing space, you get a little bit more backyard, have a pool. That's my oasis. How do you get around the city? I drive in and out everyday. A lot of times if one of my kids needs the car I'll take the subway which is what I like about living east-west, that's very frequent. When you think of Toronto, what three words come to mind? International. Big and busy. Conservative. In what ways is Toronto more conservative - as a Canadian city, a North American city, a world city? I was making a comparison to Montreal, or to Vancouver or Calgary in terms of maybe a little bit more focus on business; A little bit more straight-laced. What's your favourite building in Toronto? I know the one it's gonna be, it's gonna be Maple Leaf Square. What do you do in the city after dark? You know, Spice Route's nice, different places. Our season starts in September we've got 200 nights a year that we're busy in our facility. So a lot of times I'll be around, I'll say hello to acquaintances, I'll say hello to season seat holders, I'll visit people in their suites. Then afterwards, if my wife is with me, we'll go out for dinner somewhere... and have a drink with our friends. The Danforth is one area that stays open a little late. The Keg on York Street's nice, there's a couple of places that stay open late downtown. You've got a job that a lot of Toronto sports fan and business kids would dream about. What advice do you have for them? I always say to my guys, my kids, you've gotta aim high. It's like a ladder. If you aim for the top rung and you only get half way at least you're off the ground. My other saying is you can't soar with the eagles if you're playing with the pigeons. Do you have a place in Toronto that you think Torontonians should know about? What I find fascinating - and my wife always laughs at me - because I always say, "well let's go down to the Science Centre." Where do you go to find nature? In the GTA we have some of the best golf courses and I'm an avid golfer. That's another thing that rejuvenates me, because there's nothing like nature... and getting frustrated by trying to hit a little white ball. If you could tell City Hall to do one thing right now, what would it be? Tax levels are always perceived as being too high, so how do Torontonians feel about the value of their tax dollar versus the services they get? There are things like this recent strike... How do you start to reign in some costs and show Torontonians that you're spending wisely? Do you feel like Torontonians are getting value for money from City Council? I think there are areas that, like all businesses, you can be a little bit more efficient... And the problem is you have to have strong leaders that will take the pain for that gain and it's not going to be immediate. There's a popular belief here in Toronto, that a lot of Americans don't want to play in Canada, for Canadian teams, do you think that has legs? In hockey I still think the Maple Leafs are the Mecca of where someone wants to play. I think it's more people saying that about basketball players.... Some players were concerned over the perceived tax rates, because if you're in Florida there aren't any state income taxes so you have to talk about structuring things properly and what is that true difference in take-home pay. But I think more and more, you're hearing it from Turkoglu, you just heard it from O'Neal when he came up, there are players that love to come up here for Caribana, for all the things that this city presents. The Greek community, the Turkish community... That's the great thing about Toronto, you've got these communities but you can be different and you can respect people. Whereas in the States you've got a melting pot and you don't have that necessary respect. So I think that chasm is being narrowed. Rogers is cutting costs for the Blue Jays and tried to trade one of their star players, pitcher Roy Halladay. How are you guys dealing with economic pressure? Should fans be worried about the status of the top players on the Leafs and the Raptors? No, we're definitely not taking that tact. Yes, we've instituted cost reduction program in our company but we've done it like other companies where you take a look at your travel, entertainment, your overhead expenses and you try to control it. One of our main tenets is being dedicated to our teams and we've gone to both of our general managers and told them to spend right up to the [salary] cap level and in basketball we've allowed Brian to spend right up to the [luxury] tax level. Each year we're trying to give our general managers the necessary tools to win. We haven't been successful in the last couple of years. I've been here for 19 years... and winning is good business for us... We're getting there. I like the two GM's we have, the two Brians, they've both made some strong moves this summer... It's a construction job to create and rebuild the teams. Latest in People Get to know a Chef: Susur Lee Get to Know a Chef: Grant van Gameren, Bar Isabel Toronto through the eyes of Martin Short Toronto through the eyes of Owen Pallett Get to Know a Chef: Rosa Marinuzzi, 7 Numbers Get to know a bartender: Quenton Fortune, Churchill Get to Know a Chef: Basilio Pesce, Porzia Get to know a bartender: Aja Sax, The Emerson	cc/2021-04/en_head_0017.json.gz/line908
__label__wiki	0.775866	0.775866	Student Loans and Grants Fort Meade: Soldiers partner with Meade Heights Elementary With a stroke of the pen, a partnership between the 780th Military Intelligence Brigade and Meade Heights Elementary School became official on Feb. 14. The Partners in Education, once called Adopt-A-School, is designed to support local schools by allowing service members to help in a number of ways. PIE program volunteers act as mentors and tutors, and they participate in events designed to help increase students' chances of academic success. By signing a partnership agreement, the brigade formalized its role as the school's partner unit and pledged its support to the educational activities of that particular school. At a small informal ceremony, the brigade's commander Col. Jonathan Sweet and the school's Principal Susan Gallagher signed the contract between the brigade and school. "Partnering with Meade Heights Elementary is just one opportunity that allows us to contribute, or give back, to the community that has given so much to us, here at Fort Meade," Sweet said. The contract signing was witnessed by Lt. Col. Edmund Barrett, commander of Headquarters Command Battalion, and Sara Bonise, director of School Support Services and PIE liaison, as well as several soldiers from the brigade. The school had already embraced the 780th as a partner when they exchanged Valentine's cards just days before the actual contract was signed. Students from pre-kindergarten and fifth grade made cards for deployed soldiers. The brigade reciprocated by presenting the classes with a thank-you card signed by members of the 780th. "Getting those cards from the students made my heart smile," said Spc. Chatonna Powell, orderly room clerk, Headquarters and Headquarters Company, 780th MI Brigade. Powell serves as the PIE representative, or coordinator, for the brigade. Ten soldiers volunteered to assist the school with its Science, Technology, Engineering and Mathematics Night on Feb. 23. Other service members read stories to students at the school for the National Education Association's Read Across America Day. OSC Scholarships The Fort Meade Officers' Spouses' Club will award scholarships for the 2012-2013 academic school year in the spring. Four different scholarships will be awarded to recognize academic advancement for college-bound high school seniors, community-minded students and military spouses. Application forms with all eligibility requirements are available on the club's website at http://www.fortmeadeosc.org and at high school guidance offices. Completed applications must be postmarked by April 1. For details, email Pat Hagerty at snow29man@aol.com. The annual campaign for the Army Emergency Relief is underway. It is the Army's own emergency financial assistance organization and is dedicated to "helping the Army take care of its own." Funds are made available to commanders having AER sections to provide emergency financial assistance to soldiers - active and retired - and their dependents when there is a valid need. For details, call 301-677-5768 Huge sale Fort George G. Meade will hold a sale of excess equipment to reduce inventory and to generate revenue for community programs. Active Duty military and their families can shop from 2 to 6 p.m. March 23. The sale will be open to the general public from 9 a.m. to 3 p.m. March 24. Items available include gym equipment, camping gear, furniture from child care centers, commercial grade restaurant equipment and catering supplies. The sale, which will be held rain or shine in the Fort Meade Pavilion at Route 175 and Llewellyn Avenue, is cash and carry. Most items on sale are slightly used; however, some are nonoperational and sold as-is due to missing parts. A full inventory of available items can be found at http://www.ftmeademwr.com. All items are available for viewing from noon to 5 p.m. March 22.	cc/2021-04/en_head_0017.json.gz/line912
__label__cc	0.749952	0.250048	Real Money Casinos Mobile Casinos 8 8 , 8 8 8 , 8 8 8 . 8 8 8 In Winnings since 1995 Local Casino Guide Fastest Payouts VIP & High Roller How to Play Slots Slot Tips Retro Vegas 88 Fortunes Roulette Mobile Roulette Odds Atlantic City Blackjack Blackjack Perfect European Blackjack Blackjack Surrender Video Poker Tips Mobile Video Poker Live Dealer Casino Holdem Casino Games Software See all Casino Game Guides See all Free games Canada Online Casinos Canadian Local Casinos Canadian Guide Casinos en ligne Canada UK Local Casino New Zealand Guide New Zealand Local Casinos South African Guide South African Local Casinos Casino.org Features Gambling Regulators Player Assist Casino Match Online Gaming Regulators, Licensing Bodies and Gaming Auditors Around the World Global licencing bodies, regulators and auditors help to give you a secure online gambling experience. We make sure to only recommend online casinos that have been checked and approved by recognized authorities in the gaming industry. Below we’ve detailed all of the key organizations that verify worldwide casinos and that help to keep players safe. Click on the Map to Learn About Gaming Licensing and Regulation in Your Country Filter by Region or Country Asia Europe United Kingdom Canada Australia Macau Gaming Inspection and Coordination Bureau For Which Country: Macau State: N/A The DICJ was reconstituted in September 2003. This regulatory body is at the core of gambling in Macau. It offers assistance and guidance for local and international operators providing casino games in the gambling capital of the world. The Gaming Inspection and Coordination Bureau also has the responsibility of issuing licenses for operating in Macau, and monitors companies to make sure that they comply to current regulations. Casino Regulatory Authority of Singapore For Which Country: Singapore Formed in April 2008, the Casino Regulatory Authority of Singapore has made gaming in the region a lot safer and more reliable. The CRA ensures that the casinos in Singapore comply with all the measures needed to prevent crime, exploitation, and underage gambling. It has the authority to issue financial penalties for operators in the region that fail to meet the strict regulations in place. For Which Country: Denmark The Danish Gambling Authority was established in 2000, and operates under the supervision of the Danish Ministry of Taxation to ensure the country's gaming market is properly regulated. It supervises gambling operators in Denmark with a key focus on protecting players. Only companies which have applied and received a license are allowed to provide gambling options in the country. For Which Country: Gibraltar One of the most reliable regulatory bodies in Europe, the GRA was formed under the Gibraltar Regulatory Act of October 2000. It has the responsibility of regulating various electronic communications, which can include online casino games, sports betting, and more. This independent body sets and enforces rules within the European Union to protect users and their data online. Gaming Board of Hungary For Which Country: Hungary The Gaming Board of Hungary includes several authorities responsible for providing a safe and secure gambling market. Operators can receive licenses from the National Tax and Customs Administration of Hungary if they wish to provide real money gambling options within the country's borders. The administration oversees licensed forms of poker, betting, and casino gaming while also blacklisting and banning unlicensed companies. For Which Country: Malta Probably the most popular regulatory body for online gaming in Europe, the Malta Gaming Authority was formed in 2001. It was among the first regulators to cover online gambling, and it has continued to supervise the activity in many countries ever since. Among its functions, the MGA licenses online operators, protects minors from gambling, ensures security of player funds, and makes sure that gaming options are fair. Norwegian Gaming and Foundation Authority (Ministry of Culture) For Which Country: Norway The Norwegian Gaming Authority controls state operated and private lotteries available to players within Norway. It is also the gaming control board for casino gaming and horse racing. National monopoly is organized through two companies, Norsk Tipping for games and Norsk Rikstoto for horse racing. The Foundation Authority supervises the many Norwegian foundations to check if they follow the imposed regulations for safety. Inspectorate General on Gaming For Which Country: Portugal Gambling is seen as a special economic activity in Portugal, so it is monitored closely in order to prevent money laundering and organized crime. The Inspectorate General on Gaming is the main authority on this matter and regulates local casino operators. Internet gambling was recently regulated in Portugal, so the organization's remit has expanded to checking and regulating online casinos in the country. Office for Gaming Supervision – (Ministry of Finance) For Which Country: Slovenia The Office of the Republic of Slovenia for Gaming Supervision was formed based on the Prevention of Money Laundering and Terrorist Financing Act. Their guidelines ensure Slovenia’s gaming controls remain consistent with other European countries offering properly regulated gaming opportunities. As a part of the Ministry of Finance, the office prevents illegal activities associated with gambling and makes for a safer market for players. National Gaming Board For Which Country: Sweden The Swedish Gambling Authority issues licenses to trusted operators that have been through a strict verification process. A license is needed to operate within Sweden and offer gambling options for money. Any form of gambling without a license is strictly prohibited, as is the aid and abet of such activities. A new Gambling Act has been put into force as of 1st January 2019. For Which Country: United Kingdom The UK Gambling Commission is the main regulatory body for online gambling in the United Kingdom. It was established following the Gambling Act of 2005 and assumed its full power two years later. The UKGC now regulates various forms of betting in the country and issues licenses for operators. Sports betting in the UK is handled by another gaming board. Alderney Gambling Control Commission State: Alderney Established in May 2000, the Alderney Gambling Control Commission is an independent body that regulates online gambling in the States of Alderney. It takes a supervisory and regulatory approach to maintain the highest of standards for international gaming. Among its duties, the AGCC verifies and issues licenses for trusted operators and then ensures that they follow strict laws for online gambling. Isle of Man Gambling Supervision Commission State: Isle of man Previously known as the Gambling Control Commission, the Isle of Man Gambling Supervision Commission is the primary control board for gaming in the Isle of Man. The jurisdiction became very popular for operators due to its tax-friendly regulations, and so attracted some of the biggest names in e-gaming. It deals with licensing, regulation and guidance of gaming operators while also facilitating external testing for online casino games and more. British Columbia Gaming Policy and Enforcement Branch For Which Country: Canada State: British Columbia All forms of gambling in British Columbia are regulated in order to protect players and prevent money laundering. The BC Gaming Policy and Enforcement Branch is responsible for reviewing applications and issuing licenses accordingly. As a result, British Columbians have access to lotteries, casino games, slot machines, horse racing, and fundraising events with random draws. Kahnawake Gaming Commission State: Kahnawake With more than 50 licensed operators that have a total of over 250 sites in Canada, the Kahnawake Gaming Commission is the biggest regulatory body for online poker rooms, online casinos, and online sportsbooks in North America. It was established back in 1996, its remit stemming from aboriginal rights the Kahnawake jurisdiction holds in relation to online gaming. Nova Scotia Alcohol and Gaming Authority State: Nova Scotia Formerly known as the Nova Scotia Gaming Control Commission, the Alcohol and Gaming Authority is an agency that is part of the government of Nova Scotia. It regulates alcohol beverages and gambling in the Canadian province. After being formed in 1995, the Authority saw to merge three regulatory bodies. Among other duties, the AGA acts as a gaming licensing authority and also studies various aspects of gaming with a focus on customer protection. Alcohol and Gaming Commission of Ontario The AGCO is the regulatory body tasked to regulate gaming, horse racing, and alcohol sales in the Canadian province of Ontario. Its goal is to protect consumers from the effects of gaming and alcohol use. The responsibilities that the Alcohol and Gaming Commission of Ontario has are based on the Gaming Control Act of 1992, the Horse Racing License Act of 2015, and the Liquor License Act. Québec Régie des Alcools des Courses et des Jeux State: Quebec The Regie des Alcools, des Courses et des Jeux was established in Quebec in 1993 by the Government in order to regulate and monitor alcohol, gaming, and horse racing. It supervises and controls activities in multiple sectors with the goal of ensuring public safety. For gaming, the RACJQ licenses gambling operators for bingo, video machines, lotteries, raffles, and other forms. The body also oversees horse racing betting in dedicated halls. Liquor & Gaming NSW For Which Country: Australia The L&GNSW is part of the New South Wales Department of Industry and it focuses on the regulation of gambling, registered clubs, and liquor in the region. It was established in February 2016 and provides licensing, policy advice, administrative review, program evaluation, and more. The goal of the regulatory body is to help create sustainable, safe and responsible gaming and liquor industries. Queensland Office of Gaming Regulation / Queensland Commission The Office of Gaming Regulation is part of the Queensland Commission. It is responsible of verifying applicants and offering licenses for operators wishing to provide real money gaming solutions that can include casino games, keno, slots, and more. Each licensed operator is verified on a regular basis to make sure that they meet the regulations imposed by the responsible gambling code of practice. Victorian Commission for Gambling Regulation After being established in February 2012, the Victorian Commission for Gaming Regulation took on the role of an independent authority for regulating gambling and alcohol industries in the region of Victoria, Australia. It has the power to provide gaming licensing for operators, verify their compliance at any time, and educate regarding the best course of action. The VCGLR is committed to reducing the potential harm that may result from the gambling industry on the community and on individuals. South Australia Independent Gambling Authority State: South Australia The Liquor and Gambling Commissioner took over the role of the Independent Gambling Authority from the 1st of December 2018. It is now the authority on licensing operators for the purpose of providing real money online gaming to residents in South Australia. The LGC can issue gaming licenses as well as facilitate racing and sports betting operators. It also regulates the liquor industry in the state while minimizing its effects on the consumers at large. GLI Australia Gaming Labs International Australia provides high-end testing and certification for casino games. It has three headquarters in Australia, with offices in Sydney, Melbourne, and Adelaide. The eCommerce Online Gaming Regulation and Assurance was established in 2003. It is now an internationally respected testing agency in the online gaming industry. Operators can receive detailed reports regarding the payouts of their games. BMM Compliance Australia BMM Testlabs is an independent testing laboratory that was established in 1981. It holds multiple accreditations and operates within regulated gaming markets. The Australian offices can be found in Melbourne and Sydney. GLI Europe BV This independent organization serves European and international gaming markets by providing testing and certification for various sorts of casino games. It is part of the main network of companies operated on the GLI network. BMM Compliance Africa The earliest established gaming certification laboratory in the gambling industry has an office in South Africa. It provides services for operators wishing to verify their games and display trusted certifications for players on their sites. GLI LLC Founded in 1987, Gaming Laboratories International LLC has made it its mission to provide thorough testing services within the online gaming industry. It offers consulting, inspections, security audits, auditing, and more to ensure customer safety. BMM Compliance Singapore With its team of experienced professionals, BMM offers engineering insight in the region through its Singapore office. As part of its services, the company can provide testing and consultancy regarding online casino games and more. GLI UK Gaming Ltd Based in Bangor, Wales, GLI UK delivers professional testing for land-based and online gaming options. Some of the services provided by the team include platform testing, RNG testing, game testing, and security audits. BMM Compliance Macao With its offices in Macau, this reputable gaming test lab oversees fair play the gambling capital of the world. BMM manages to provide direct assistance to gaming operators in need of training, development, testing, and certification. Gaming Associates With experience in the gambling industry going back to 1990, Gaming Associates has built an international image as a reliable accrediting testing facility. The company provides a full range of consultation and testing services for online gaming, lottery, and wagering. BMM Compliance North America After opening an office in Las Vegas in 2000, BMM greatly increased its presence in North America. Along with its office in Canada, the testing lab ensures good coverage of the gaming industry in the region, helping operators to meet the high standards of the industry. iTech Labs iTech Labs is a world-renowned testing laboratory for the online gaming industry. It was founded in 2004 and works with some of the biggest online poker rooms and online casino brands to ensure a high level of accountability and integrity. BMM Compliance Spain The BMM Spain office is part of the professional BMM Testlabs network, dedicated to keeping the gaming industry safe, secure and fair. It provides the high grade testing as well as regulatory consultancy and other useful services. QALab As an international testing facility, Quality Assurance Laboratories is responsible for providing testing services to land-based and online gaming operators. QALab offers various services for interactive gaming evaluations, including game mathematics and payout calculations. Eclipse Compliance Testing ECT is an independent game testing facility based in the United States of America. It focuses mostly on North American online and land-based gaming, providing an entire range of services for impartial testing, certification, and consultation. QUINEL M Limited QUINEL Ltd is a leading testing lab accredited internationally. It has offices in Malta, Italy, South Africa, and the United Kingdom. The services provided include all types of tests for online gaming technical compliance and assistance for land-based gaming. Trisigma B.V. Trisigma was established as a testing lab for gaming options and it also expanded to launch its own casino games. The test lab is certified and accredited on an international scale, allowing the company to work with various operators in the business. SIQ SIQ is an accredited institution that focuses on a variety of gaming devices, including slot machines, table games, and lotteries. It also provides certification after completing the testing process to ensure that players get fair options every time. SQS Group Limited Founded in 1996, SQS Group Limited is a software testing company with a headquarters in London. The operator has an entire range of tools for testing, processing, and presenting high-quality metrics. More related guides for you Pull the lever and pray for the jackpot! The slots are the iconic casino game that keep people coming back again and again with their huge jackpots and exciting odds. Everyone’s favourite casino game has gone digital. For real money blackjack, live dealer blackjack or tips on how to win more often, this is the section for you. The first place you should look when trying to find online video poker sites. We only list the best. Casino.org Competitions YOU ARE IN SAFE HANDS Our recommended casinos have been verified by the likes of:	cc/2021-04/en_head_0017.json.gz/line913
__label__wiki	0.959347	0.959347	Grand Chief Ed John, a former minister of children and family development, is an executive member of the B.C. First Nations Summit. (Black Press files) B.C. First Nation Chief Ed John faces historic sex charges John served as minister for children and families under then-premier Ujjah Dosanjh Ed John, a leader of the First Nations Summit and former B.C. cabinet minister, is accused of four counts of sexual assault dating back to 1974. The B.C. Prosecution Service says in a statement that special prosecutor Michael Klein was appointed in February to look into allegations of sexual offences that were alleged to have occurred in and around Prince George. The service says Klein has approved four counts of having sexual intercourse with a female without her consent. The incidents were alleged to have occurred between March 1 and Sept. 15, 1974. Prosecution service spokesman Dan McLaughlin says the charges are alleged to involve one person. John, who’s first court appearance is set for Dec. 10, could not immediately be reached for comment. He is a hereditary chief of Tl’azt’en Nation in northern B.C. and a lawyer who holds honorary Doctor of Laws degrees from the University of Northern British Columbia and the University of Victoria. John completed his eleventh consecutive term as an elected leader of the First Nations Summit Political Executive in June, not seeking re-election, and served five years on the United Nations Permanent Forum on Indigenous Issues. His biography also says was involved in the development of the Declaration on the Rights of Indigenous Peoples, adopted by the United Nations General Assembly in 2007 and implemented by the B.C. government just last month. In 2015, then-premier Christy Clark appointed John as Special Advisor on Indigenous Children in Care and after extensive consultations he submitted a report one year later containing 85 recommendations to overhaul B.C.’s Indigenous child welfare system. The recommendations were aimed at improving outcomes for Indigenous children and youth by changing the focus from intervention and separation to strengthening families. KEEP READING: ‘Disjointed’ system hinders B.C. First Nations in wildfire fight The First Nations Summit, a B.C. organization that advocates for First Nations conducting treaty negotiations directly with government, said in a statement that John had been on contract as an advisor, and all contact has now been suspended. @FNSummit statement on the BC Prosecution Service media release (November 14, 2019) regarding legal matters pertaining to former FNS Executive member Grand Chief Edward John: https://t.co/Q87mKqLFIl pic.twitter.com/HfMEg8IcaX — First Nations Summit (@FNSummit) November 14, 2019 – with a file from Black Press Media Adoption centre closes despite effort to save it; B.C. left with two agencies NDP Leader Jagmeet Singh meets Trudeau to discuss throne speech	cc/2021-04/en_head_0017.json.gz/line914
__label__wiki	0.886253	0.886253	Built on a parcel of land originally awarded by Governor Lachlan Macquarie to William Douglas Campbell in 1815, Catherine Park House is steeped in history. In 1817, 500 acres of the land was granted to George Molle, Lieutenant Governor of the Colony and second in charge to Governor Macquarie. He named it “Catherine Field”, after his wife, Catherine Molle. The estate has passed through the hands of a number of prominent historical Australian figures, including one-time owner Hubert Harry Robbins. What was once the the long driveway approaching Catherine Park House is now designated as Robbins Lane. Described simply as ‘a Sydney gentleman’, Robbins’ purchase of Catherine Park House in 1937 came exactly 100 years after its construction began. During his ownership, between 1937 to 1945, he made significant alterations and additions to the great house, including updating the facade from Victorian Italianate to Georgian Revival, still visible in the architecture today. At the time of European settlement, the region around Catherine Park House - referred to by early settlers as “Cowpastures” - was occupied by the Dharawal Aboriginal people. Cattle that strayed from Sydney Cove in 1788 were found three years later thriving in the area known as Camden Governor Macquarie grants 2000 acres of land to Captain William Douglas Campbell of the British merchant navy. This land comprised what is now known as Harrington Park, Harrington Grove, Catherine Park Estate and some of Oran Park, and was used for pastoral and farming purposes. It was named after Campbell’s ship, the Harrington, a 182 tonne brig reputed to be the fastest ship on the Eastern seas. 1000 acres of the land was transferred to his nephew John Douglas Campbell, who was responsible for ordering the construction of Catherine Park House. In 1839, prior to the completion of the house, Campbell leased it to Henry Keck, Governor of Darlinghurst Gaol. Still incomplete in 1842, the lease was transferred to Henry William Johnson, who oversaw the completion of the home by 1857 and lived in it until 1867. Purchased by Edward Lomas Moore, a wealthy grazier and one of the largest landholders in the Campbelltown district, who lived here until his death in 1887. The Moore family would own the property until 1939. Hubert Harry Robbins – described as a ‘Sydney gentlemen’ undertakes significant alterations and additions, converting the original Victorian Italianate house into a Georgian Revival style building. Robbins was also responsible for construction of the driveway leading from the house directly to Oran Park Drive. House c1881 Camden grazier and contractor Daniel James Cleary purchases Catherine Park Estate. In 1961 new owner, Edward Alfred Star – a hotel proprietor from Sydney’s Eastern Suburbs - converts the grounds of the estate into a trotting track, golf course and function centre. During this time Catherine Park House was used as the golf clubhouse. Purchased by John Dawson-Damer – a motor racing enthusiast and younger brother of the Earl of Portarlington. He restored Catherine Park House and reinstated the historic driveway to Cobbitty Road (now Oran Park Drive). Also constructed swimming pool and sizeable garage for his internationally renowned collection of vintage Lotus racing cars. Members of Club Lotus Australia (1974) There is an urban myth that Princess Diana stayed at Catherine Park House when visiting Australia in 1985. Lady Mary Fairfax purchases Catherine Park Estate, and along with Harrington Estates has committed to preserving Catherine Park House to its historical finest. Sir Warwick and Lady Mary Fairfax (1965)	cc/2021-04/en_head_0017.json.gz/line915
__label__wiki	0.985551	0.985551	EVENTS: Coventry City announce "An Evening with..." Thompson, Merson and Nicholas! Event at the Ricoh Arena on 5th June... Coventry City will be holding ‘An Evening with’ event this June, starring three popular pundits from Soccer Saturday! Phil Thompson, Paul Merson and Charlie Nicholas will all be at the Ricoh Arena on Wednesday 5th June for the next in the Sky Blues’ popular ‘An Evening With’ events. Guests will enjoy three course-dining before hearing from three of the most entertaining football speakers on the circuit. Places are now available to book for £55, or a VIP Package is available for £80, for the evening. Both packages include three course dining, while the VIP package includes a complimentary drink on arrival and access to an exclusive area prior to the event where guests can meet and mingle with the trio. CCFC Season Ticket holders who book a standard package in the first 2 weeks of sale will be entered into a draw for 2 VIP packages for the event. Meanwhile, all CCFC Season Ticket holders will be entered into a draw for 2 free standard packages for the night. To book your place, call Coventry City on 02476 992 328 or book online here. All bookings are subject to a £1 booking fee per ticket plus postage. Dave Boddy, Chief Executive at Coventry City, said: “We are very pleased to announce this event at the Ricoh Arena in June. “Phil Thompson, Paul Merson and Charlie Nicholas are all great characters of the game with many entertaining stories from their time involved in football and the media, and we would recommend fans book as soon as possible to secure their seat for what will be a fantastic evening.” About Charlie Nicholas: Born in Glasgow, Scotland, Charlie Nicholas rose through the ranks at boyhood side Celtic. He would make 100 appearances for ‘The Bhoys’, winning two Scottish Premier Division titles and one Scottish League Cup, as well as being named PFA Player and Football Writers’ Player of the Year in 1983 and 1981 respectively. In his final season for Celtic, Nicholas scored 48 goals in 53 appearances in all competitions, earning the attention from Arsenal, who signed the striker for £750,000 in 1983. Spending just under five years with the Gunners, Charlie made almost 200 appearances, scoring over 50 goals, winning Arsenal Player of the Year in 1984 and the League Cup in 1987. Aged 27, the Scot returned back up north, signing for Aberdeen during January of 1988 and he would spend the next three seasons with ‘The Dons’. Nicholas won the Scottish Cup and Scottish League Cup with Aberdeen, before returning back to where it all started in 1990, as he re-joined Celtic, spending the next five years, before a final season at Clyde before announcing his retirement. In total, Charlie made just under 600 career appearances and scored over 220 goals, as well as 20 caps for Scotland, scoring five goals. About Phil Thompson: Former England and Liverpool defender, Phil Thompson won everything there was to win in domestic football during his time with The Reds. Seven League titles, three European Cups, two UEFA and Football League cups and one European Super Cup and FA Cup, making him one of the most decorated players in Liverpool’s history. Born in Merseyside, the Liverpool supporter signed for his beloved Reds back in January 1971, the day after his 17th birthday. The centre-back would go on to spend 14 years at Anfield, making just shy of 500 appearances before spending two seasons with Sheffield United. Thompson also earned 42 caps for England. During his time with The Reds, he would go on to forge partnerships at the heart of the defence alongside the likes of Alan Hansen, Mark Lawrenson and Emlyn Hughes, as well as being named club captain in 1980. Phil retired at the relatively early age of 31, taking up a role as Coach at Liverpool under then manager Kenny Dalglish, spending several years as part of the backroom staff, before departing in 1992, only to re-join back in 1998 as Assistant Manager to Gerard Houllier. Thompson spent a further six years at Liverpool as number two to Houllier, playing his part in the Reds treble winning campaign of 2001. About Paul Merson: Born in North West London, Paul Merson progressed through the Academy at Arsenal, before breaking into the first team following a successful loan spell at Brentford. Merson established himself as a regular in George Graham’s successful Arsenal side of the early 1990’s, winning two League titles and one FA Cup, League Cup and European Cup Winners’ Cup. The attacking midfielder spent over fifteen years with the Gunners, where he would also feature 21 times for England, representing the Three Lions at the 1992 Euros and 1998 World Cup. Paul had a brief spell at Middlesbrough after departing Highbury for the Boro, however after helping to guide the club back into the Premier League, the midfielder moved back down South and joined Aston Villa for £6.75 million in 1998. Merse made over 100 appearances whilst at Villa Park, in which during his time was pivotal in guiding the club to the 2000 FA Cup final, as well as winning the Inter Toto Cup in 2001. The midfielder again dropped down to England’s second tier and again was instrumental in helping a side win promotion to the Premier League, as Portsmouth won the First Division title in 2003. Merson then joined Walsall and became player-manager in 2004, spending two seasons with the Saddlers, before a brief spell at Tamworth, where he would announce his retirement from football, having made over 600 career appearances.	cc/2021-04/en_head_0017.json.gz/line917
__label__cc	0.67787	0.32213	Acclr Home Secure and simple sign-up Subscribe to newsletters from the Chamber of Commerce and/or Acclr • Never again miss out on activities that can benefit your organization • Get all the latest news directly by email • Keep your finger on the pulse of the city’s economic activity • Don’t miss out on anything in the blog CGI Talk The SAQ: a lever for the Quebec economy Catherine Dagenais, President and Chief Executive Officer of the SAQ Events The speech will be delivered in French only. Tuesday, October 20, 2020 from 10 a.m. to 10:45 a.m. Registration deadline: October 20, 2020. Go to price and subscription Catherine Dagenais President and Chief Executive Officer of the SAQ See biography On Tuesday, October 20 at 10 a.m., attend the virtual talk by Catherine Dagenais, President and CEO of the Société des alcools du Québec (SAQ). On the eve of the SAQ’s 100th anniversary, Catherine Dagenais will present her plan for developing the organization in the years to come. With the vision of inspiring Quebecers’ pride, the SAQ is embarking on a major project to deal with the transformations in its industry, particularly with respect to the experience it offers its clients, and its societal role, while continuing to be a major driver of the Quebec economy. Program schedule: Introductory remarks by Jean-Denis Charest, Vice-President, Business Development, Partnerships and Membership, Chamber of Commerce of Metropolitan Montreal Speech by Catherine Dagenais, President and CEO of the SAQ Discussion between Jean-Denis Charest and Catherine Dagenais Q & A with participants * Please note: This activity will take place on the Webdiffusion platform. You will receive a confirmation email with a login link 24 hours before the event. Non members SPEECH BY CATHERINE DAGENAIS, TUESDAY, OCTOBER 20, 2020 FROM 10 A.M. TO 10:45 A.M. One transaction per participant, by email. This transaction entitles one person to access the event. If you have any questions, please write to us at reservations@ccmm.ca. SPEECH BY CATHERINE DAGENAIS, TUESDAY, OCTOBER 20, 2020 FROM 10 A.M. TO 10:45 A.M. $0 $35 * Please note that no exchange or refund will be accepted following your purchase. About our partners : YUL Aéroports de Montréal >> Travel with confidence By continuing to use this website, you agree to our Privacy Policy and the use of cookies to offer you content and services tailored to your interests. Learn more about our Privacy Policy Advertising and Partnership Stay up to date on the city's economic activity Find member: Learn more about the businesses and people that are members of the Chamber © Chamber of Commerce of Metropolitan Montreal formerly known as Board of Trade of Metropolitan Montreal	cc/2021-04/en_head_0017.json.gz/line918
__label__cc	0.736102	0.263898	Your Land Shall Not Yield Its Produce by Richard T. Ritenbaugh Forerunner, "Prophecy Watch," December 1995 About forty years before Israel entered the Promised Land, God foretold what would happen when the people turned from His commandments and way of life. Seven hundred years later, this prophecy, found in Leviticus 26 and Deuteronomy 28, began to come to pass when in 721-718 BC, Israel was overrun by the Assyrians and her people taken captive to the cities of the Medes (II Kings 17:5-6). The prophecy predicted that Israel would remain under this punishment for seven prophetic times or 2520 years (Leviticus 26:18). This period lapsed in AD 1800-1803, and true to the prophecy, Great Britain and the United States began their rise to prominence on the world scene during those years. In the ensuing years, the peoples of Joseph enjoyed the tremendous benefits of the blessings of Abraham. The British and American navies ruled the seas, and their armed forces made war and kept the peace worldwide. Between them, Ephraim and Manasseh produced more industrially and agriculturally than the rest of the world combined. In short, they were the envy of the world. Throughout this period, these nations were also fairly sound morally. Although scandal, immorality and injustice plagued them from time to time, the majority of the people possessed sound values and solid character. However, when these nations, America especially, became more involved in international power and politics during World War I, outside influences—mostly negative—began to erode their national characters. One look at America and Britain today, though, shows how rapid and disastrous our falls have been. Our nations are ruled by men and women of deceit and chicanery. Business leaders fight and cheat for every penny at anyone else's expense. Sports and entertainment stars—often the most immoral and wicked among them—are idols to millions. Perversions of every stripe are paraded before us on television as normal and legitimate. Maybe worst of all, religion based on the eternal principles found in the Bible has been rendered impotent by a tolerant, non-judgmental, indiscriminate public. The blessings and cursings of Leviticus 26 still apply. Britain and America have forsaken the God of Abraham, Isaac and Jacob, and they have attributed their prosperity to their own ingenuity, strength and wisdom. Our peoples have grown fat, lazy and self-indulgent. The Americans and British have taken up the practices of the nations around them, and these things God hates. He promises to allow the curses of such activities to descend upon our nations as well-deserved punishment. A Curse Upon Agriculture One of the first of these curses deals with agriculture, the basic industry of any stable nation. God promises: But if you do not obey Me, and do not observe all these commandments, . . . you shall sow your seed in vain, for your enemies shall eat it. . . . And your strength shall be spent in vain; for your land shall not yield its produce, nor shall the trees of the land yield their fruit. (Leviticus 26:14, 16, 20) America, Britain, Canada, Australia, New Zealand and South Africa began with economies based primarily on agriculture. Once the agricultural foundation was stable, other industries and commerce could flourish and grow. But even when a nation is considered an industrial, commercial or technological giant, if it cannot feed its citizens, it will quickly lose its power and status. Thus, a blow to a nation's breadbasket is often crippling and sometimes fatal. The American Census Bureau and the U.S. Department of Agriculture report that 63.7 percent of American workers in 1850 were involved in agriculture. By 1992, however, that work force had shrunk to only 2.5 percent. Since 1940, the number of farms has dropped from 6 million to 2 million, while the average size of a farm has increased from 174 to 473 acres. These statistics indicate that American farms have evolved from family-run businesses to corporate-run industries. America still produces tremendous amounts of livestock, poultry, grain, fruit, vegetables, nuts, eggs and textiles. We lead the world in wheat and corn exports and are second in rice exports, as of 1992. If weather, insects and soil conditions cooperate, this nation can still feed the world. But what if they do not? What happens if the U.S. suffers a few years of drought or, conversely, inundation? What occurs if farmers have to combat locusts, weevils or other pests in successive years? Where will we be if our reserves spoil, burn or simply run out? Could there be famine in America? For the moment, American agriculture is stable, but signs of future problems are increasing: » Wheat yields fell 10-15 bushels an acre in Oklahoma this past summer due to a mild winter, a dry spring and an unfortunate wet season just before the harvest that caused root rot and other diseases (U.S. Department of Agriculture, June 23, 1995). This problem also hit Kansas, the Dakotas and other grain-producing states. » A severe drought hit the northeast in 1995, causing agricultural officials to estimate crop yields down 30 to 50 percent. Wight County, Virginia, lost 80 percent of its peanut crop, and the vegetable crop in Maryland, Virginia, Delaware and New Jersey were also hit hard. » Wheat stockpiles are shrinking. "Anything below 500 million bushels [of wheat] in storage means the supply is tight," said Martin Foreman, a grain specialist affiliated with the Illinois Farm Bureau (The Journal of Commerce, June 27, 1995). This year's stockpile, the lowest in 22 years, is only 443 million bushels (U.S. Department of Agriculture, August 21, 1995). This compares to almost 2 billion bushels in 1986. » The corn supply is also expected to drop to 748 million bushels, about half of this year's level. In 1987, U.S. reserves of corn hit nearly 5 billion bushels (The Wall Street Journal, July 11, 1995). » Gray leaf spot, a fungal disease, hit cornfields in Iowa, Illinois, Indiana and Missouri this summer, causing the U.S. Department of Agriculture to forecast a 20 percent reduction in corn production in 1995 (August 18, 1995). » American fruit crops were generally down in 1994-95. Apples were down 1 percent; grapes, 3 percent; pears, 8 percent; peaches, 1 percent; cherries, 35 percent; strawberries, 7 percent; and citrus, 11 percent (U.S. Department of Agriculture, August 23, 1995). » World grain reserves are also being reduced. In Europe stockpiles have fallen from 17.16 to 6.28 million tons in just one year. In South America and Africa, grain output has fallen over the last 10 years and the Russian grain harvest is thought to be the lowest in 25 years. In fact, the 1995 world harvest forecast fell below the 1.8 billion tons required to meet consumption levels (The New Federalist, August 21, 1995). These random reports do not portend immediate disaster, but together they show how fragile our food supply is. One devastating year of crop failure, floods, droughts, disease or insect infestation could wipe out supplies and cause serious food shortages. If this were to happen over large parts of the globe, worldwide famine would follow. Scarcity During Prosperity The Third Seal is described in Revelation 6:5-6: When He opened the third seal, I heard the third living creature say, "Come and see." And I looked, and behold, a black horse, and he who sat on it had a pair of scales in his hand. And I heard a voice in the midst of the four living creatures saying, "A quart of wheat [a day's ration] for a denarius [a day's wage], and three quarts of barley for a denarius; and do not harm the oil and the wine." This is a picture of scarcity of grain during a time when olive oil and wine are abundant. The grain must be measured very carefully, and it is sold at about twelve times its normal price. At the same time, growers are commanded not to reduce the production of oil and wine, items which most would consider to be luxuries. It seems that the common folk would spend all their living on grain to fend off starvation and have nothing left over for the finer things, while the rich would continue to live comfortably and make money on the inflated grain prices. The Third Seal describes scarcity in the midst of prosperity; the rich get richer as the poor get poorer. Such a situation is not hard to imagine in our fast-paced, greedy world. Amos shows the rich "[selling] the righteous for silver, and the poor for a pair of sandals" (Amos 2:6). Many businessmen have no qualms about taking advantage of a situation, as long as they are guaranteed to make a profit. We should not be surprised when food prices escalate sharply after a mediocre harvest. God is not capricious; He does nothing without a purpose. He says that He sends these droughts, floods, diseases, insects and famines to warn us and cause us to return to Him (Amos 4:6-9). Our God wants us to receive blessings, not curses, but sometimes He must get our attention and point us in the right direction when we go astray. But Israel is stubborn and rebellious (Jeremiah 5:23). The people fail to see that their sins have caused these curses to fall upon them (verses 24-25). In fact, Israel loves to dwell in sin (verses 26-31)! Thus, God must punish them to make them obedient to His laws—laws that will make them prosperous and happy. Hunger is a method that hits home quickly, and God will try to use this curse effectively: Are there yet the treasures of wickedness in the house of the wicked, and the short measure that is an abomination? Shall I count pure those with the wicked balances, and with the bag of deceitful weights? For her rich men are full of violence, her inhabitants have spoken lies, and their tongue is deceitful in their mouth. Therefore I will also make you sick by striking you, by making you desolate because of your sins. You shall eat, but not be satisfied; hunger shall be in your midst. . . . You shall sow, but not reap; you shall tread the olives, but not anoint yourselves with oil; and make sweet wine, but not drink wine. (Micah 6:10-15) These scenarios are not ones we look forward to, but because we live in this evil world among the descendants of Joseph, we should expect them. Some survivalist and conservative writers, who see the handwriting on the wall, are recommending that their subscribers stockpile a year's supply of food for each member of their families. The ant stores food for the lean times of winter (Proverbs 6:6-8). Such an action, of course, is each person's personal decision. But we have a God in heaven who promises to provide for us (Psalm 37:19; 146:7). Jesus says in Matthew 6:25, 32-33: Therefore I say to you, do not worry about your life, what you will eat or what you will drink; nor about your body, what you will put on. Is not life more than food and the body more than clothing? . . . For after all these things the Gentiles seek. For your heavenly Father knows that you need all these things. But seek first the kingdom of God and His righteousness, and all these things shall be added to you. So take the advice of our Elder Brother: Do not worry about the coming scarcity. Keep working toward growing and overcoming and putting on God's image, and you will eat even during famine! The Food Crisis '. . . And Not a Drop to Drink' Sky Like Iron, Earth Like Bronze Scarcity Amid Plenty A Dry and Weary Land The Four Horsemen (Part Four): The Black Horse Famine (Part Two): Behold, a Black Horse America and Britain Blessings and Curses Disasters, Natural God, Forsaking Israel, Identity of Joseph, Descendants of Prosperity, Relationship to Idolatry Seals of Revelation: Third	cc/2021-04/en_head_0017.json.gz/line920
__label__wiki	0.580331	0.580331	Bulgaria-Hotels.Com Ski in Bulgaria Bulgaria ski info center Pamporovo Pamporovo Hotels Apartments Snezhanka - Pamporovo instant online booking This hotel offers promotional holiday packages - check out here. view hotel information Arrival date: * -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ------- Jan 2021 Feb 2021 Mar 2021 Apr 2021 May 2021 Jun 2021 Jul 2021 Aug 2021 Sep 2021 Oct 2021 Nov 2021 Dec 2021 Jan 2022 Feb 2022 Mar 2022 Return date: * -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ------- Jan 2021 Feb 2021 Mar 2021 Apr 2021 May 2021 Jun 2021 Jul 2021 Aug 2021 Sep 2021 Oct 2021 Nov 2021 Dec 2021 Jan 2022 Feb 2022 Mar 2022 Meals included: please selectBed only Bed & breakfast Half board One-bedroom apartment plus (4pax) x 7 overnights = 467.46€ Flash Sale -8% = 430.08€ 14 x Resort fee - Adult (2.5€ per day) = 35€ Price includes free use of: Wi-Fi internet in the hotel, Wi-Fi internet in the rooms, Parking, Shuttle bus, Lounge, Child chair, Children playground Room type: please selectOne-bedroom apartment plus (4pax) Two-bedroom apartment plus (6pax) One-bedroom apartment (2ad+2ch) Two-bedroom apartment (4ad+2ch) Room number: -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Number of adults (total): -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Number of children (4-11.9 years old): 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Number of infants (0-3.9 years old): 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Room type 2: ignore One-bedroom apartment plus (4pax) Two-bedroom apartment plus (6pax) One-bedroom apartment (2ad+2ch) Two-bedroom apartment (4ad+2ch) Room number: -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Number of adults (total): -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Number of children (4-11.9 years old): 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Number of infants (0-3.9 years old): 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Ski 2020/21 - 26 hotels Monastery tour 599€/8 days, every saturday 10 hotels in Sandanski	cc/2021-04/en_head_0017.json.gz/line922
__label__wiki	0.772685	0.772685	AGL is getting out of gas and aiming for 'fossil-fuel free' Chris Hyde/Getty Gas no longer works for AGL, one of Australia’s biggest electricity generators and retailers. The company has decided that gas production and exploration are no longer a part of its core business because of volatility in commodity prices and long development lead times. It announced a $795 million impairment, about $640 million after tax, against gas assets. Part of the shift in policy means that the Gloucester coal seam gas project, which faced intense opposition from rural communities in New South Wales, will not go ahead. The Wilderness Society called on Santos to follow AGL’s lead and drop its coal seam gas plans in NSW. There is no change to AGL’s commercial or retail gas activities. AGL last year announced it is is moving toward a fossil-fuel free business and won’t be building any more coal-fired power stations. Part of this process includes a forecast $1 billion in asset sales and cost cuts of $200 million. The company is working on a vision of the near future where energy markets will be transformed by decentralised products and services, including solar panels, battery storage, connected appliances and smart grids. Today AGL says it’s confident it has enough gas for its residential and small business customers following a contract with the Gippsland Basin Joint Venture and the planned expansion of the Eastern Gas Pipeline. CEO Andy Vesey says the company will focus on its core competencies, transforming the business to capitalise on the evolution in the energy sector and to meet the rapidly changing needs and expectations of customers. He says the economic returns to support the investment of about $1 billion the Gloucester gas project weren’t there. AGL will relinquish its petroleum exploration licence for the Gloucester region to the NSW Government and will now start a comprehensive decommissioning and rehabilitation program for its well sites and other infrastructure. “Exiting our gas assets in New South Wales has been a difficult decision for the company,” says Vesey. “AGL has invested significantly in these projects and communities over the past seven years for the Gloucester Gas Project, and 10 years in the case of the Camden Gas Project.” agl australian stories energy gas	cc/2021-04/en_head_0017.json.gz/line926
__label__cc	0.726063	0.273937	ITEMS BY EDDIE KANTAR A Treasury Of Bidding Tips 554 Tips To Improve Your Partner's Game by Eddie Kantar 199 pages. Paperback. Also available as an E-book. 554 tips on bidding, an updated version of one of Kantar's most popular books for intermediate players. Twenty years ago, Kantar set about distilling his bridge wisdom into a trilogy of books for the intermediate player, one each on Bidding, Play and Defense. Each consisted of several hundred short Tips, and the author believes that any reader who absorbs even a fraction of them will improve his . . . read more. Bridge for Dummies This is a used item. Year: 1997. Category: General. Format/Binding: Paperback. Condition: Fine. . . . read more. Classic Kantar Eddie Kantar is not only one of today's best bridge writers, he's also one of the funniest. His two previous collections, Bridge Humor and The Best of Eddie Kantar, have been out of print for some years, and are still much sought after. For Classic Kantar, Eddie has selected the very best stories from the two previous books, and has added many new ones. As always, he pokes fun at the top experts, . . . read more. Defend With Your Life by Terence Reese • Eddie Kantar This joint venture between Bridge experts Eddie Kantar and Terence Reese offers a random selection of problems. Complex enough to keep you awake at night, but practical enough to offer solutions that can be applied to similiar situations at the bridge table. If you work at the problems in the right way, assembling all the information available, you will find your notions of defensive play will be . . . read more. Defensive Tips For Bad Card Holders 576 Tips To Improve Your Defensive Play At Bridge 2nd Ed. Revised Twenty years ago, Kantar set about distilling his bridge wisdom into a trilogy of books for the intermediate player, one each on Bidding, Play and Defense. Each consisted of several hundred short Tips, and the author believes that any reader who absorbs even a fraction of them will improve his or her game by at least 25%. The Tips in this book have been completely revised and updated by the a . . . read more. Eddie Kantar Teaches: Advanced Bridge Defense American Bridge Teachers Association Book of the Year Award Winner. Eddie Kantar's various beginner books have sold hundreds of thousands of copies in ten different languages, not least because of his unique style and the humor that he introduces into the learning process. Advanced Bridge Defense is intended to cover some of the more complex concepts of bridge defense for the modern advancing pla . . . read more. Eddie Kantar Teaches: Modern Bridge Defense Eddie Kantar's various beginner books have sold hundreds of thousands of copies in ten different languages, not least because of his unique style and the humor that he introduces into the learning process. Modern Bridge Defense is intended to cover the basic concepts of bridge defense, and will undoubtedly be a standard teaching tool and reference work for the next quarter-century. The topics cov . . . read more. Eddie Kantar Teaches: Topics in Declarer Play at Bridge Kantar's two-book series on Bridge Defense ( Modern Bridge Defense and Advanced Bridge Defense) won an ABTA Book of the Year Award in 1999. This new book addresses a more popular topic, using a similar approach. While not a comprehensive treatment of declarer play at bridge, this book deals with specific topics exhaustively, and will be invaluable to the improving player: finesses (when and how t . . . read more. Gamesman Bridge Nobody wants to lose at contract bridge. This book will show you how to win. Whether you're an advanced beginner, an intermediate or an advanced player, this valuable book can help you win more frequently and gain greater personal satisfaction from contract bridge. This is a book on the play of hands, full of wise counsel; it will entertain experts and help them teach others. -The best way to cou . . . read more. Introduction to Declarer Play (Revised Ed.) by Eddie Kantar • Barbara Seagram The classic first book on declarer play at bridge, covering the topic with clarity, skill and humor. More than fifty years after its first publication, this book has been revised and updated to bring it into line with modern methods of play and bridge education. . . . read more. Introduction to Defense (Revised Ed.) The classic first book on defensive cardplay at bridge, covering the topic with clarity, skill and humor. More than fifty years after its first publication, this book has been revised and updated to bring it into line with modern methods of play and bridge education. . . . read more. Kantar for the Defense Volume 1 An Eddie Kantar Bridge Classic Think Defense: Multiple world champion Eddie Kantar's popular bridge column, Kantar for the Defense, has run in The Bridge World for almost fifty years, challenging players to defeat the contract in a variety of situations. Now available once more in print, Kantar for the Defense Volume 1 and Volume 2 are a collection of the best of these columns, offering the reader 100 practical defensive probl . . . read more. Kantar on Kontract A treasury of short pieces from one of the bridge world's favorite writers. Great stories, great hands, tips and tricks to help your game - the best of the best! . . . read more. Roman Keycard Blackwood: The Final Word Definitive book on a convention that every serious player uses; completely revised and updated. . . . read more. Take All Your Chances At Bridge Selecting the best line of play as declarer on a bridge hand is not easy. Most novices know something about basic odds and percentages, and can usually come up with a line that offers a reasonable chance of success. However, the expert player will skilfully combine options, so as to take advantage of more than one possibility. Rather than putting all his eggs in one basket, he will 'stay alive . . . read more. Take All Your Chances At Bridge - Vol. 2 Take All Your Chances at Bridge was published in 2009 and has already been reprinted twice. It won the American Bridge Teachers 2010 Book of the Year Award for best intermediate-level book. In this sequel, Kantar presents another collection of play problems for advancing players. Again, the theme is not just finding a good line of play: the trick is to combine as many possible lines as possible t . . . read more. Take Your Tricks Valuable warm-up tips along with card combinations and safety plays. . . . read more. Test Your Bridge Play Vol. 2 Become a better declarer - and Eddie Kantar promises it will be relatively painless! The problems in this book are not for experts - they are, however, for anyone whose ambition is to become a better bridge player. The problems involve the everyday cardplay maneuvers you have to master if you are going to improve as a declarer. As you work through this book, you will encounter more than one exa . . . read more.	cc/2021-04/en_head_0017.json.gz/line931
__label__wiki	0.809937	0.809937	News in October Testing online treatment for chronic fatigue syndrome (CFS/ME) 1 November 2016 Over 700 children and young people are to take part in the largest clinical trial ever undertaken in Chronic Fatigue Syndrome (CFS), which affects up to two per cent of young people, most of whom do not have access to treatment. The effectiveness of 3D camouflage 31 October 2016 Over 100 years ago, the American artist Abbot Thayer proposed that the reason so many animals are darker on their backs than their bellies is to disguise their 3D shape and so improve camouflage. Paul Sicolo, 1957-2016 31 October 2016 Paul Sicolo, a Security Supervisor in the University Security Services team (Estates), sadly passed away on 6 October. Simon Ramsden and other colleagues in Security Services offer a tribute. First delegation of Russell Group leaders to China to explore future collaboration and innovation 31 October 2016 Strengthened relationships and shared approaches to global challenges between UK and China’s leading universities are the focus of a Russell Group delegation to Shanghai today [October 31]. Bristol geophysicist to give 2017 Bullerwell Lecture 31 October 2016 Dr Juliet Biggs, Reader in the School of Earth Sciences, has been awarded the British Geophysical Association’s (BGA) Bullerwell Lecture for 2017. Lawrence of Arabia – a war hero re-emerges from the desert sands – new exhibition 28 October 2016 A UK-first exhibition based on 10 years of research led by two University of Bristol archaeologists lends credence to the account Lawrence of Arabia gave of his own extraordinary exploits in the desert. SPHERE project wins MRC award 27 October 2016 Bristol is one of six universities to receive a Momentum award from the Medical Research Council (MRC) to develop the UK’s research base in dementia science. Bristol chemistry researchers win Philip Leverhulme Prizes 27 October 2016 Two researchers in the School of Chemistry have been awarded 2016 Philip Leverhulme Prizes in recognition of their early-career achievements and exceptional promise. Workers and farmers find social sustainability gains in organic farming 25 October 2016 New research from the University of Bristol has found that embracing organic farming methods can bring gains in social sustainability, and benefits for farmers and workers. Simple forms of life are quick to colonise new 'desert' landscapes created by shrinking Arctic ice 25 October 2016 A team of researchers from the Universities of Bristol and Leeds collected soils from an ‘alien-like’ post-glaciation landscape in the Norwegian archipelago, Svalbard, which had only recently been uncovered after several thousand year old ice had melted away. Encouraging behaviour change in laboratories 25 October 2016 Taking responsibility for small routine tasks, such as unplugging equipment and shutting fume hoods reduces environmental impact of laboratories. Towards better metallic glasses 25 October 2016 Researchers from the University of Bristol have used state-of-the-art computer simulation to test a theory from the 1950s that when atoms organise themselves into 3D pentagons they suppress crystallisation. Man-made noise can affect how animals use information from scents 24 October 2016 Research by scientists at the University of Bristol has, for the first time, found that man-made noise can have a detrimental impact on an animal’s use of scent – putting them at greater risk of being attacked by predators. Flawed analysis casts doubt on years of evolution research 24 October 2016 Years of research on the evolution of ancient life, including the dinosaurs, have been questioned after a fatal flaw in the way fossil data is analysed was exposed by scientists from the universities of Reading and Bristol. The houseplant with a blueprint for improving energy harvesting 24 October 2016 For many people, nanotechnology belongs in the realm of science fiction. Researchers at the Universities of Bristol and Essex have solved the mystery of the blue sheen on the leaves of some begonias and have found that their chloroplasts have evolved a nanoscale light-trapping structure to help them survive in the darkness of the forest floor. Student’s appeal after giving half his liver to save father’s life 21 October 2016 A student at the University of Bristol is urging people to join the organ donor register after he saved his own father’s life by donating half his liver. Bristol postgraduates win Best Doctoral Research Thesis awards 2015/16 21 October 2016 Six University of Bristol postgraduates have been awarded prizes for the exceptional quality of their research degree theses. Behaviour incentives raise GCSE attainment in schools in poor neighbourhoods 21 October 2016 Low-achieving students respond to incentives to increase their effort and engagement at school - and the behaviour improvement shows up in much improved GCSE results. That is the central finding of new research published today from the University of Bristol. Health research receives £7.5 million funding boost 20 October 2016 Innovative medical research led by the University of Bristol has been given a £7.5 million boost thanks to fresh funding from the Wellcome Trust. New study will focus on ‘urgent’ need to assess impact of outreach to adult learners in HE 20 October 2016 The University of Bristol is to take part in a new research project to determine the best ways universities are reaching out to mature learners, particularly those in under-represented groups. Multimedia collaboration inspired by Bristol research 20 October 2016 A powerful piece of performance inspired by research carried out by a University of Bristol academic which explores legends and rituals of the Virgin Mary in medieval Spain, will be premiered next month. Health Secretary’s speech highlights the work of PROMPT training scheme 19 October 2016 Earlier this week, the Health Secretary, Jeremy Hunt, announced a comprehensive package of safety measures designed to improve maternity care in the NHS. Join the debate and help shape modern urban living 18 October 2016 People living in Bristol will have the opportunity to debate the challenges of modern urban living and help improve the city’s health, well-being and prosperity at a free event tomorrow. Partnership agreed for delivery of C-Change Capacity to Change Assessment Training 18 October 2016 The University of Bristol has partnered with Interface Enterprises to deliver national training to support the embedding of the C-Change Capacity to Change approach. Studies offer new insights for treating stomach infections 18 October 2016 Researchers have discovered a new approach to preventing or treating a stomach bacterium associated with an increased risk of stomach cancer as well as gastritis and duodenal ulcers. Examination of HFC emissions in the UK leads to Government rethink on how levels are recorded 18 October 2016 Using atmospheric data, academics from the University of Bristol have suggested that emissions of HFC-134a, a potent greenhouse gas, may have been dramatically overestimated in UK reports. As Schiaparelli prepares to land on Mars, hear about the legacy of Beagle 2 18 October 2016 With the much-anticipated landing of the Schiaparelli spacecraft on Mars tomorrow [19 October], the University of Bristol has announced a special event being held in memory of Colin Pillinger – the Bristol-born scientist best known for leading the Beagle 2 mission to Mars. Bristol leads the way in the wizardly sport of Quidditch 15 October 2016 The magical sport of Quidditch, inspired by the Harry Potter series, is being taken to the next level in the UK – thanks to muggle students at the University of Bristol. University of Bristol Announces New Publishing Venture 14 October 2016 Policy Press, IPG/Frankfurt Book Fair Academic and Professional Publisher of the Year 2016, together with the University of Bristol, are proud to announce the creation of the University of Bristol Press. GPs need better training to help children affected by domestic violence 14 October 2016 Although doctors and nurses are becoming more aware of patients experiencing domestic violence, the needs of children are often ignored, according to new research published today that reveals a lack of training about how to identify and support children exposed to domestic violence. Students launch new research journal 14 October 2016 Students from the medical and dental schools of Bristol, Cardiff, Exeter and Plymouth have joined forces to launch a new journal that showcases original research undertaken in world-class laboratories and clinics by fellow students. Bristol Old Vic set to become major heritage destination after Lottery award which will also bring to life theatre's extensive archive 13 October 2016 Bristol Old Vic is set to be transformed into a major heritage destination with the announcement today of a £2.4m Heritage Lottery Fund award. Zeetta Networks signs co-operation agreement with Bristol Is Open 12 October 2016 Zeetta Networks announced today [Wednesday 12 October] that it has signed an agreement with Bristol Is Open for the deployment of Zeetta’s NetOS® on the Bristol Is Open network in the world's first use of open networking technologies orchestrating a diverse Smart City network. Bristol student reaches final of the 2016 IET Innovation Awards 12 October 2016 A postgraduate student from the EPSRC Centre for Doctoral Training (CDT) in Communications at the University of Bristol has been selected as a finalist in the Institution of Engineering and Technology (IET) Innovation Awards. Scientists create 'floating pixels' using soundwaves and force fields 12 October 2016 A mid-air display of ‘floating pixels’ has been created by scientists. Researchers at the Universities of Sussex and Bristol have used soundwaves to lift many tiny objects at once before spinning and flipping them using electric force fields. Nokia and Bristol Is Open commit to partnership to develop the open programmable city 11 October 2016 Nokia, the Finnish communications and information technology company, announced today [Tuesday 11 October] that it is forming a partnership with Bristol Is Open, an ambitious joint venture between the University of Bristol and Bristol City Council. Predicting jellyfish 'invasions' at coastal power stations 11 October 2016 Scientists at the University of Bristol are working with the energy industry to develop an 'early warning tool' to predict the sudden, en masse appearance of jellyfish swarms which can cause serious problems by clogging the water intakes of coastal power plants. Sharing stories for Ada Lovelace Day 2016 10 October 2016 The University of Bristol is joining an annual celebration of women in Science, Technology, Engineering, Medicine and Maths (STEMM) as part of Ada Lovelace Day on 11 October 2016. Research reveals unprecedented observations of how a hot molecule cools in a liquid 10 October 2016 The most detailed exploration to date of how energy flows from a hot molecule into a surrounding liquid has been undertaken by a team of scientists at the University of Bristol. University rugby scores a try with new partnership funding 7 October 2016 The University of Bristol has been announced as one of 15 universities across the UK who will benefit from a £220,000 partnership with the Rugby Football Union (RFU) as part of the organisation’s commitment to support rugby in higher education.	cc/2021-04/en_head_0017.json.gz/line933
__label__wiki	0.952293	0.952293	Click Here for More Articles on ENCORES! Michael Cerveris and Laura Osnes to Join Randy Newman in Encores! FAUST: THE CONCERT, July 1 BroadwayWorld.com Jun. 11, 2014 Michael Cerveris, Isaiah Johnson, Randy Newman, Laura Osnes, Vonda Shepard, Brooklyn Shuck, Tony Vincent and Broadway Inspirational Voices have been cast in Randy Newman's Faust: The Concert, which will be performed on July 1 as the second Encores! Off-Center presentation of the 2014 season. Faust will be directed by Thomas Kail and choreographed by Marcos Santana. Jeanine Tesori is the Encores! Off-Center artistic director; Chris Fenwick is its music director. Randy Newman's FAUST: The Concert, with music and lyrics by Randy Newman, is, according to Newman, "like Goethe's Faust Pt. 1, but more complex psychologically; more like Pt. 2 but not the product of an ordered mind. The Lord and the Devil are childhood friends who in adulthood have a falling out. The Devil is expelled from Heaven, somewhat arbitrarily some might say, and though he reigns in Hell, he longs to return to his childhood home. He goes up to visit Heaven for the first time in a long while. He finds the Lord and tells him Man is bad, and should never have been created. The Lord says that He doesn't make mistakes. As they did in the 12th, 14th and 16th centuries, they bet on it, pick a young Notre Dame freshman as a representative specimen and hilarity ensues." The musical opened in 1995 at the La Jolla Playhouse in San Diego and was revived at the Goodman Theatre in Chicago in 1996. THE ARTISTS: Michael Cerveris (Angel Rick) received the Tony Award for his portrayal of John Wilkes Booth in Assassins, and received Tony Award nominations for his roles in Evita, LoveMusik, Sweeney Todd, and The Who's Tommy. Other Broadway appearances include In The Next Room (Or The Vibrator Play), Hedda Gabler, Cymbeline, and Titanic. Known for his versatility as an actor, Cerveris has also performed in Off-Broadway productions of King Lear, Macbeth, Nikolai and the Others, and Sondheim's Road Show, among others, and brought his performance as Hedwig to the West End in Hedwig and the Angry Inch. Most recently, Cerveris performed in the Public Theater's highly acclaimed production of Fun Home, receiving the Lucille Lortel Award. Cerveris has also appeared in many film and television productions, including roles on the "The Good Wife," "Treme," and "Fringe." As a singer, he has performed with the NY City Opera and the NY Philharmonic, and at venues including Carnegie Hall, the Kennedy Center, and Lincoln Center. As a solo recording artist, Cerveris has released two albums, Dog Eared and Piety. His country band Loose Cattle recently released their live debut record, North of Houston. www.amazing-journey.com Randy Newman (Composer/Randy/Devil) has written songs that run the gamut from heartbreaking to satirical, as well as a host of unforgettable film scores, using his many talents to create musical masterpieces widely recognized by generations of audiences. After starting his songwriting career as a teenager, Randy launched into recording as a singer and pianist in 1968 with his self-titled album Randy Newman. Throughout the 1970s he released several other acclaimed albums such as: 12 Songs, Sail Away and Good Old Boys. In addition to his solo recordings and regular international touring, Randy began composing and scoring for films in the 1980s. The list of movies he has worked on since then includes The Natural, Awakenings, Ragtime, all three Toy Story pictures, Seabiscuit, James and the Giant Peach, A Bug's Life, and more recently, Disney/Pixar's Monsters University, the prequel to Monsters Inc. (which he also scored). The highly praised 2008 Harps and Angels was Randy's first album of new material since 1999. It was followed in 2011 by The Randy Newman Songbook Vol. 2, which is the second in a series of new solo piano/vocal recordings of his songs spanning five decades, and a live CD and DVD recorded at London's intimate LSO St. Luke's with the BBC Concert Orchestra, conducted by Robert Ziegler. The 22-song set features some of his best-known songs like "Short People," "Louisiana 1927," and "I Think It's Going to Rain Today," as well as newer songs such as "A Few Words in Defense of Our Country" and "Laugh and Be Happy." Randy's many honors include six Grammys, three Emmys, and two Academy Awards, as well as a star on the Hollywood Walk of Fame. He was inducted into the Songwriters Hall of Fame in 2002 and the Rock and Roll Hall of Fame in 2013-the same year he was given an Ivor Novello PRS for Music Special International Award. Mostly recently, Randy was presented with a PEN New England Song Lyrics of Literary Excellence Award in June 2014. randynewman.com Isaiah Johnson (Lord) appeared on Broadway in Peter and the Starcatcher and The Merchant of Venice, and Off-Broadway in Othello, Far from Heaven and Richard III. His credits also include A Musical Inspired by the Brooklyn Hero Supply Company at the Powerhouse Theater at Vassar. Laura Osnes (Margaret) most recently starred in the Off-Broadway revival of The Threepenny Opera directed by Martha Clarke. Her Broadway credits include the title role in Rogers + Hammerstein's Cinderella (Drama Desk Award), Bonnie in Bonnie and Clyde, Hope Harcourt in the Tony-winning revival of Anything Goes, Nellie Forbush in Lincoln Center's South Pacific, and Sandy in the most recent revival of Grease. Other New York credits include the Encores! production of Pipe Dream and a one-night-only concert of The Sound of Music at Carnegie Hall. Laura made her cabaret debut at the Café Carlyle in 2012, resulting in her first solo CD, Dream A Little Dream: Live at The Carlyle. She followed that appearance with an evening of Maury Yeston's music at 54 Below, which led to her second solo CD, If I Tell You: The Songs Of Maury Yeston. www.laura-osnes.com Vonda Shepard (Martha) starred as the voice of Ally McBeal in the hit television series for five years. Throughout the show's five year run, Vonda performed on each episode and produced the show's music, recording nearly 500 songs featuring artists including Gladys Knight, Sting, Barry Manilow, Al Green, Chubby Checker and Jon Bon Jovi. She has over 12 million album sales to her name, two Golden Globes, two Emmy Awards, two Screen Actor's Guild Awards, and the Billboard prize for selling the most television soundtrack records in history. She has worked with Rickie Lee Jones, Al Jarreau, Jackson Browne, the Indigo Girls, The Funk Brothers, Sting, The Eurythmics and Santana. www.vondashepard.com Brooklyn Shuck (Angel Child) is a singer, actress and dancer from Lexington, Kentucky. She was recently seen on Broadway in the revival of Annie. Brooklyn has appeared as Baby Kangaroo in Seussical, Jr., was a featured soloist in the University of Kentucky Opera Theatre's 20th Annual Broadway Review, and was the youngest cabaret singer for the Music of Change performance at the Freedom Center in Cincinnati, Ohio. brooklynshuck.com Tony Vincent (Henry Faust) has appeared on Broadway as Judas in Jesus Christ Superstar, in Rent, and as St. Jimmy in Green Day's American Idiot. He originated the role of Galileo Figaro in Queen's We Will Rock You (London's West End, Las Vegas), and has fronted the rock band Queen on multiple occasions, including Queen Elizabeth's Golden Jubilee and Party in the Park. In 2002 he was chosen as one of the first artists to bring the music of Andrew Lloyd Webber to Asia in Andrew Lloyd Webber: Masterpiece, (Live From Beijing) and was one of the most talked-about vocalists during season 2 of NBC's The Voice. www.tonyvincent.com Broadway Inspirational Voices (BIV), a gospel ensemble comprised of actors performing on and off Broadway, is directed by Choirmaster Michael McElroy, who founded it in December of 1999. Some of the shows currently represented are After Midnight, Violet, Holla If You Hear Me, Disney's Aladdin, Book of Mormon, Kinky Boots, The Lion King, Phantom of the Opera, Motown the Musical, Pippin and Wicked. BIV uses the power of music in rousing live concerts and benefits, along with a dynamic outreach programs for children and teens to inspire creativity and promote a message of tolerance, understanding and respect for cultural diversity through the arts. www.broadwayinspirationalvoices.org Thomas Kail (Director, Faust) received a Tony nomination for his direction of In the Heights. His additional Broadway credits include the plays Lombardi and Magic/Bird. Other credits include In the Heights (Off-Broadway - Callaway Award, Drama Desk and Outer Critics nomination); Broke-ology and the world premiere of When I Come to Die at Lincoln Center Theater; The Wiz at New York City Center; the world premiere of The Tutors at Second Stage Uptown; the world premiere of Broke-ology at Williamstown Theater Festival; the world premiere of A.R. Gurney's Family Furniture at The Flea; the national tour of In the Heights; and Once on this Island at the Paper Mill Playhouse. He is the co-creator and director of the hip-hop improv group Freestyle Love Supreme, which played the Edinburgh Fringe Festival, U.S. Comedy Arts Festival, Montreal Comedy Festival, and Melbourne Comedy Festival. Chris Fenwick (Music Director) is currently music director of the Broadway production of Rocky and recently music directed Fun Home at The Public Theater. He was music director of the original productions of Michael John LaChiusa's Giant, Los Otros, Queen of the Mist and See What I Wanna See. Broadway credits include Grease, Les Liaisons Dangereuses, The Pajama Game, Wonderful Town, and Elaine Stritch at Liberty. Other credits include the Off-Broadway productions of Hello Again, Here Lies Jenny, Road Show, Happiness, and Mother Courage and concerts with Patti LuPone at Carnegie Hall, Ravinia Festival, and many more. Chris was music director of the Encores! Off-Center productions of The Cradle Will Rock and I'm Getting My Act Together. Marcos Santana (Choreographer) is associate choreographer of the Broadway production of Rocky. He choreographed the U.S. tour of Rock of Ages and was associate choreographer of the show's West End Production. His acting credits include the Broadway productions of Guys and Dolls and In the Heights. Jeanine Tesori (Artistic Director) has written four Tony-nominated scores for Broadway: Twelfth Night at Lincoln Center; Thoroughly Modern Millie (lyrics, Dick Scanlan); Caroline, or Change (lyrics, Tony Kushner); and Shrek the Musical (lyrics, David Lindsay-Abaire). The production of Caroline, or Change at the National Theatre in London received the Olivier Award for Best New Musical. Her 1997 Off-Broadway musical, Violet, opened on Broadway this spring, starring Sutton Foster, and has garnered four Tony Nominations including Best Musical Revival. Her most recent musical, Fun Home (lyrics, Lisa Kron) made its premiere at the Public Theater this fall to critical acclaim (winner of Lortel, Outer Critics, NY Drama Critics, and Obie Awards). Jeanine's opera credits include A Blizzard on Marblehead Neck, (libretto, Tony Kushner; Glimmerglass) and The Lion, The Unicorn, and Me (libretto, J. D. McClatchy; Kennedy Center). She has written music for the plays Mother Courage (dir. George C. Wolfe, with Meryl Streep and Kevin Kline), John Guare's A Free Man of Color (Lincoln Center Theater, dir. George C. Wolfe, Romeo and Juliet (Delacorte Gala). City Center's Encores! Off-Center series presents musicals that pushed creative boundaries when they were first produced. Filtered through the lens of today's artists, these shows are presented not as historical documents but as living, vital works that continue to resonate with audiences. In the Encores! tradition, Off-Center places a great emphasis on the scores, with the orchestra performing onstage. The series reflects City Center's ongoing outreach to new and younger audiences. In keeping with this mission, the majority of tickets are $25. New York City Center gratefully acknowledges the Encores! Off-Center Founding Sponsors, Stacey and Eric Mindich and Stacy Bash-Polley. New York City Center (Arlene Shuler, President & CEO), now in its 70th year, has played a defining role in the cultural life of the city since 1943. It was Manhattan's first performing arts center, dedicated by Mayor Fiorello La Guardia with a mission to make the best in music, theater and dance accessible to all audiences. Today, City Center is home to many distinguished companies, including Alvin Ailey American Dance Theater, City Center's Principal Dance Company, as well as Manhattan Theatre Club; a roster of renowned national and international visiting artists; and its own critically acclaimed and popular programs. The Tony-honored Encores! musical theater series has been hailed as "one of the very best reasons to be alive in New York." In summer 2013, City Center launched Encores! Off-Center, a new series featuring landmark musicals filtered through the lens of today's most innovative artists. Dance has been integral to the theater's mission from the start, and dance programs, including the annual Fall for Dance Festival, remain central to City Center's identity. Vital partnerships with arts organizations including Jazz at Lincoln Center and London's Sadler's Wells Theatre enhance City Center's programmatic offerings. City Center is dedicated to providing educational opportunities to New York City students and teachers with programs such as Encores! In Schools and the Young People's Dance Series. Special workshops cater to families, seniors and other groups, while events such as the Fall for Dance DanceTalk series offer learning opportunities to the general public. In October 2011, City Center completed an extensive renovation project to revitalize and modernize its historic theater. Randy Newman's Faust: The Concert will play on Tuesday, July 1 at 7:30 pm. Tickets start at $25 and can be purchased at the New York City Center Box Office (West 55th Street between 6th and 7th Avenues), through CityTix at 212-581-1212, or online at www.NYCityCenter.org. DVR Alert: Hollywood Bowl Concert Series Kicks Off Tonight With MUSICALS AND MOVIES, With Audra McDonald, Kristin Chenoweth, and Sutton Foster As BroadwayWorld previously reported a new weekly concert series, IN CONCERT AT THE HOLLYWOOD BOWL, will air on PBS. The series kicks off today with t... VIDEO: On This Day, January 16 - Happy Birthday, Lin-Manuel Miranda! On this day we're celebrating the birthday of the great Lin-Manuel Miranda! ... Philip J. Smith, Chairman Emeritus of The Shubert Organization, Has Passed Away at Age 89 The Shubert Organization has announced the passing of its beloved Chairman Emeritus, Philip J. Smith. Mr. Smith passed away peacefully on January 15, ... Last year, Michael Ball recorded ‘Leaning on a Rainbow’ for the soundtrack to the new film ‘Blithe Spirit’. The full track is now available on Spotify... MARY POPPINS RETURNS is Now Streaming on Disney Plus When and where can you find Mary Poppins Returns streaming? We have your answer here!... Haley Swindal's TO NEW YORK, WITH LOVE to Stream for 30 More Days By popular demand, Birdland’s all new concert event from Broadway perennial Haley Swindal, To New York, With Love, filmed as part of the “Radio Free B...	cc/2021-04/en_head_0017.json.gz/line935
__label__cc	0.712552	0.287448	A New Contract with the Middle Class – Time A New Contract with the Middle Class Richard V. Reeves Isabel V. Sawhill More Chapters Introduction Money Time Relationships Health Respect Future of the Middle Class Middle-class incomes have risen painfully slowly in recent decades, as we showed in the last chapter. The modest improvements that have occurred largely result from an increase in the employment and earnings of women. That, in turn, has created what we call “a time squeeze.” Americans are working more than adults in other advanced countries, often face unpredictable work schedules, must cope with school hours that are badly aligned with working hours, and get little help with caring for children or the elderly. Half of all American adults say they do not have enough time to do what they want with their days. Incomes can grow; time cannot. Of course, everybody is different. Some people love their work and have no desire for more leisure. Others dislike what they do and would prefer not to work at all. Probably most of us are somewhere in between these two extremes. So personal choice is important. As we argued above, work is also highly valued in American culture and many people with good jobs work long hours out of choice. That is a fact that we celebrate. The idea of a “leisure society” is distinctly unappealing – and frankly un-American. But it is also the case that current norms around the definition of “full-time” work are outdated. They do not provide people with much choice or flexibility. And well-being seems to be higher in countries where people work a little less. Helping middle-class families have more time for themselves and their families is therefore an important goal for public policy. The time squeeze In 1930, John Maynard Keynes predicted that within a century, economic growth would cut the typical work week to 15 hours. This has not happened – especially in the U.S. The average middle-class married couple with children now works a combined 3,446 hours per year. This is 600 hours – or a day and a half per week – more than in 1975. This reflects the increase in women’s employment, which has been economically essential to middle-class families. In fact, if women’s employment and especially wage levels had not increased, middle-class households would have experienced virtually no income growth at all (Figure 4). Although female employment has been hit hardest by COVID-19, women still hold half of all payroll jobs in the economy. Over 40 percent of mothers are the sole or primary breadwinner; most couples (70 percent) are now dual earners. The result is greater time pressure on families. “The shift from American Wife to Family (co-) Breadwinner has left a gap at home,” writes the economist Heather Boushey. “Who’s caring for the children and teaching them all they need to know? Who’s tending to an aging family member who needs some extra care?” The U.S. now stands out among similar nations in terms of more working hours. The average American worker now spends 200 to 400 more hours at work over the course of the year than the average worker in most European countries – the equivalent of an extra 4 to 8 hours per week (Figure 5). Why do Americans work so many more hours each year than Europeans? Most of the gap results from differences in the number of weeks worked per year, rather than the length of the work week. This in turn reflects differences in legal rights to leave and holidays. The fact that the U.S. has no mandated leave at all (beyond some holidays) is the primary source of the gap; Germany provides twice as much time off as the U.S. (Figure 6). Policy matters. The distribution of work across the lifecycle is important, too. Longer periods of education and retirement have caused a decline in employment rates in the early and later years of adult life. Even as lifespans have increased, paid work has become more concentrated in the middle years of adulthood – which are also the years when most people are raising children. We have some groups, then, who are experiencing a time squeeze and others a time surplus. Mothers face particularly acute time pressure. Working time could be allocated more fairly and efficiently across the life cycle, as well as between families with children and those without, and between men and women. To help middle-class Americans have more time, and to ease the time squeeze, we propose a legal right to a minimum of 20 days leave each year; mid-career “sabbaticals” for retraining or care work; and aligning school schedules with jobs. Twenty days of paid leave One way to reduce working time is to require all employers to provide a certain amount of paid personal time off for all employees. The U.S., as we have seen, is the only advanced country that does not do this. The reasons for taking leave vary enormously – for illness, vacation, the birth of a baby, to care for an elder. We therefore propose a broad rather than categorical entitlement, to 20 days per year of paid leave. This is less than many other countries but would at least establish a minimum floor. Some employers already provide this much paid leave in one form or another. But many do not – especially for their low-wage workers. In the wake of the COVID-19 pandemic, the need for such leave should be obvious. Part of the new contract with the middle class should be: if you are sick, you must stay home. But we will pay you to do so. I work the first shift. My wife works the third shift… We barely see each other. Factory Worker & Father, Lebanon, PA Mid-career sabbaticals One role of social insurance is to distribute income across our lifetimes. Most obviously, taxes paid while we are earning help to fund our pension and health care in retirement. But social insurance is also about the distribution of time and is increasingly out of kilter with modern needs. The rise of dual-earning couples and increasing life expectancy causes a time imbalance; workers face considerable mid-life time pressure but have greater disposable time in later life. We therefore propose a new social insurance benefit to cover mid-career time off for care work or retraining. Specifically, this would mean: Two new accounts within the existing Social Security system: one for lifelong learning and one for paid family leave. The lifelong learning account could be used for living expenses as well as tuition for an approved program of education or training to upgrade skills, in order to relocate to a new area, or to start a new business. The paid leave account could be used for family care, including the birth of a child, an extended illness, or for the care of a relative. It would be linked to wages (up to a certain limit) and cover up to 12 weeks of leave. It could be used in combination with the 20 days of general paid leave. Schooldays matching workdays The middle class is not just working long hours; many also face unpredictable schedules set by employers, little or no flexibility about when they must be at work, inadequate child care, and school schedules that are poorly aligned with existing work hours. While the most common work schedule is 9 a.m. to 5 p.m., the most common school schedule is 8 a.m. to 3 p.m. The misalignment of school schedules costs the U.S. more than $50 billion a year as parents are forced to reduce their work hours or stay home. The average start time for middle and high schools is around 8 a.m. We propose that the standard school day be shifted later to better align with most job schedules, and that after-school care be made universally available. A later start time would also be good for students, especially those in high school. Specifically: After-school care would be universally available to students at public elementary and middle schools, enabling most parents to pick their children up from school around 5:30 or 6 in the evening. The federal or state government would provide grants to local education agencies that agreed to change their hours and provide an extended school day or school year. Participation in the extended hours would be optional for students and their families. To contain costs, families would pay on a sliding fee scale. School districts could decide how to use the additional hours, whether for additional instructional time or for extracurricular activities. For younger children, universal pre-k programs and subsidized child care should play a similar role. State pre-k programs have expanded in recent decades, especially for four-year-olds, but many states limit access to poor children, or do not serve three-year-olds. The evidence on whether such programs improve later school performance is mixed, but there is no doubt that they play an important role in easing the time squeeze for middle-class families. To fill remaining child care gaps, and provide flexibility, we also recommend making the existing child care tax credit both more generous and completely refundable. There are many other policies that ought to be pursued to ease the time squeeze, including giving workers more control over their hours. Workers who are subject to unpredictable schedules experience more material hardship, less financial security, and score lower on measures of well-being, such as happiness and sleep quality, while experiencing more psychological distress. Jobs used to help organize time: now, with the rise of just-in-time scheduling and zero-hours contracts, they often “disorganize” time as Mark Fabian, an economist at the University of Cambridge, puts it. I never have enough time… I feel like there needs to be three of me. Working Mother of Four, Wichita, KS There is also significant scope for more remote working, as the COVID-19 pandemic has vividly demonstrated. As we write, half of America’s workers are working from home – a tenfold increase on the usual number. The benefits are significant. In our interviews with middle-class families, the value of remote work, especially for balancing work and parenting, is clear. In addition, commuting is one of the most disliked activities that people perform on a daily basis. The average two-way commute takes about an hour out of a worker’s day, and has been increasing since 1980. Although commuting often provides access to cheaper housing, better education, and other amenities, it is associated with higher levels of fatigue and stress and greater absenteeism. It is also bad for the environment. Once the pandemic recedes, these lessons must not be lost. We recommend more experimentation by businesses and other organizations, with careful evaluation of the costs and benefits. Time ≠ money Too many middle-class Americans face a stark choice between a money squeeze and a time squeeze. More time at work means more stress at home, poorer mental health, and less civic engagement. Thoughtful policy can help to restore some balance. To be clear: a reduction in working time could result in slightly lower levels of economic activity. But if growth was all that mattered, we should all be working 80 hours a week. Families need income, but they also need time. More time should mean less stress, better health, and more time for our relationships – which we turn to next. Special thanks to Katie Guyot and Morgan Welch for their research support. Previous \| Money Relationships \| Next America can only be as strong as the American middle class. We believe that the new contract we have described here, based on the core principles of partnership, prevention, and pluralism, holds out the promise of a better future for the middle class — and therefore for the nation. Let us know what you think. John C. and Nancy D. Whitehead Chair, Senior Fellow – Economic Studies, Director – Future of the Middle Class Initiative, Director – Center on Children and Families Richard V. Reeves is a senior fellow at Brookings and the Director of the Future of the Middle Class Initiative. His research focuses on the middle class, inequality, and social mobility. Senior Fellow – Economic Studies, Center on Children and Families, Future of the Middle Class Initiative Isabel V. Sawhill is a senior fellow at Brookings, working in the Future of the Middle Class Initiative. Her research includes economic growth, poverty, social mobility, and inequality. Real people. Real data. Real solutions. © 2021 The Brookings Institution	cc/2021-04/en_head_0017.json.gz/line936
__label__wiki	0.984621	0.984621	About CityLand CityLand Sponsors Filings & Decisions CityLaw Sarah Carroll Appointed Chair of Landmarks Preservation Commission Landmarks Preservation Commission • Appointment • Citywide 10/02/2018 • Leave a Comment Sarah Carroll. Image credit: LPC. Sarah Carroll continues to rise within the Landmarks Preservation Commission. On September 26, 2018, Mayor Bill de Blasio announced the appointment of Sarah Carroll as the new Chair of the Landmarks Preservation Commission. The Landmarks Preservation Commission is the largest municipal preservation agency in the nation, responsible for protecting New York City’s architecturally, historically, and culturally significant buildings and sites by granting them landmark or historic district status, and regulating them after designation. To read CityLand‘s prior coverage on Carroll, click here. Sarah Carroll has 24 years of experience at the Landmarks Preservation Commission. She has served the Commission in various capacities including Landmarks Preservationist, Deputy Director of Preservation, and Director of Preservation. Since 2014, Carroll has served as the Executive Director for the Commission. Carroll earned a Bachelor’s Degree in Art History from Bates College and a Masters of Fine Arts Degree in Historic Preservation from the Savannah College of Art and Design. In 2012, she was the recipient of the Sloan Public Service Award for her outstanding work at the Commission As Executive Director, Carroll oversaw designation of more than 4,000 buildings and sites in the City. Carroll oversaw the Commission’s research and preservation divisions and managed the Commission’s budget, operations, technology, staffing, communications, and public outreach. She also implemented new measures such as new website features that provide information and access to the Commission’s work and the development of a new internal permit tracking database that increased efficiency and staff accountability in the application process. Carroll worked closely with the former Chair of the Commission as a primary advisor. “Sarah is a dedicated public servant and preservationist with more than two decades of experience,” said Mayor de Blasio. “Her intimate knowledge of the Commission’s work and her commitment to preservation make her an invaluable asset in the effort to protect the historic buildings and sites that make New York City so unique.” “Having dedicated my career to protecting the heritage of the city I love, it is a dream realized and an incredible honor to be appointed by the Mayor and entrusted by the Council to lead the Commission,” said LPC Chair Sarah Carroll. “I look forward to continuing to work with the Commissioners and staff to preserve and celebrate sites that reflect the diversity and rich history of our city and to partnering with property owners, elected officials, preservationists and communities to ensure these sites remain relevant for generations to come.” “The Landmarks Preservation Commission is responsible with preserving the architectural and cultural heritage that New Yorkers value so deeply,” said Speaker Corey Johnson. “With decades of preservation expertise, Sarah Carroll has shown a lifelong dedication to public service. As a career preservationist, Sarah is an excellent choice to lead this vital office and I look forward to working with her in this new role.” Carroll succeeds former Chair Meenakshi Srinivasan who stepped down in June of this year. Tags : Chair, Landmarks, LPC, mayor, Sarah Carroll Category : Landmarks Preservation Commission Subscribe To Free Alerts In a Reader Desktop Reader Bloglines Google Live Netvibes Newsgator Yahoo! What's This? Board of Standards & Appeals Landmarks Preservation Commission Housing Preservation & Development Filings and Decisions CityLand Profiles © 1997-2010 New York Law School \| 185 West Broadway, New York, NY 10013 \| 212.431.2100 \| Privacy \| Terms \| Code of Conduct \| DMCA \| Policies	cc/2021-04/en_head_0017.json.gz/line941
__label__wiki	0.811041	0.811041	ADL + Aspen Institute Seminars + Ventures Joseph Tomás Mckellar PICO California Joseph Tomás Mckellar is co-director of PICO California, the largest faith-based organizing network in California focused on racial equity and promoting a culture of belongingness. In his role, Joseph provides strategic leadership to 10 multi-faith, multi-racial community organizations representing 450,000 Californians, and accompanies a talented staff team running power building and leadership programs for 2,500 volunteers. He also helps lead PICO’s “Faith Votes” program, which seeks to engage one million more young voters, low-income voters, and voters of color by 2020 around a vision for a State of Belonging. Joseph guides PICO’s statewide campaigns to transform the criminal justice system, protect and promote immigrant families, increase affordable housing, and create an inclusive economy. Joseph founded and directed Faith in New York and Faith in the Valley in California, nonprofits dedicated to advancing racial, economic, and environmental justice. Joseph previously worked as a Community Organizer in San Diego and Orange County, as an Assistant Teacher with the Jesuit Volunteer Corps in Boston, and as a Prison Minister in San Diego. He earned a Bachelor of Arts in Spanish and Political Science, with a minor in Biology, from the University of San Diego. Joseph is a Fellow of the inaugural class of the Civil Society Fellowship, A Partnership of ADL and The Aspen Institute, and a member of the Aspen Global Leadership Network. © 2020 Anti-Defamation League. All rights reserved.	cc/2021-04/en_head_0017.json.gz/line942
__label__wiki	0.594414	0.594414	Help there's a lion in my back garden! Wild cat sightings in Cheshire some of the highest in the country with lynx, pumas and panthers sparking 999 calls to Cheshire police Rachel Flint Cheshire is one of the most dangerous places to live according to 999 calls - that is if you are scared of tigers, pumas, panthers and lynxes. A tiger has been spotted prowling along the banks of the River Dee, a lynx with paw prints as big as a "human hand" killing sheep, cats and chickens, and a large wild cat terrified a caller who was sure it was at large in Tarporley town centre. And one resident reported that a lion had escaped from the Zoo and was living in their garden at a house in Ellesmere Port. But it is not the first time people have reported that they have seen big cats at large in the county. Last month motorists were alarmed when a picture of the King of the Jungle prowling on the M56 was spotted on twitter, and rumors spread a lion was loose in Chester in 2013 - both turned out to be false. Details of the 999 calls, revealed to The Chronicle through a Freedom of Information (FOI) request, show that Cheshire has one of the highest rates of big cat sightings in the country - with nine sightings reported to Cheshire Constabulary between 2011-April 2014. One caller reported seeing a tiger walking along the River Dee in Chester, describing an animal that was "three times as big as a cat, but fatter", stripy, with a black ringed tail and a black tip. During the call in September 2011, the caller said they had been walking close to the river when the "tiger" had walked through a gate, looked at them and "sidled" off into the bushes. Tigers prowling the River Dee? In Warrington one caller said she had seen a cat the "size of a panther" outside her window. And one alarmed resident was so concerned they alerted the police that a "wild cat" the "size of a wall" might be loose in Tarporley town centre, after walking past a field and hearing a "low menacing growling" and being sure that a large cat was pacing behind it, in the dead of night in July 2012. A "lynx" killed two cats, 10 sheep, a lamb and attacked a chicken coup in Poynton in September 2011. The caller reported the "wild cat" had left scratch marks in the ground and paw prints as big as his hands. In Lymm a driver was sure a lynx had run in front of his car. In a 999 call in December 2013 the caller stated the animal was "definitely not a dog or a domestic cat". A runner in Warrington called the police after spotting a cat "the size of a Labrador" prowling on a golf course. When pressed by the call handler he insisted it was not a dog. And in an alarming call in October 2011 a cyclist alerted the police after being stopped by a man covered in blood at the side of a road. The man said a lion had eaten his daughter. Only Greater Manchester Police and South Wales Police received more sightings of big cats - with one caller in Manchester calling 999 after seeing a panther jumping over a neighbour's fence. Tarporley	cc/2021-04/en_head_0017.json.gz/line943
__label__wiki	0.595346	0.595346	See Yo-Yo Ma Play Two Free Pop-Up Shows Downtown This Sunday The famed cellist will perform an aria of Handel’s Rinaldo at the Christkindlmarket and Shops at North Bridge this Sunday. By Matt Pollock Yo-Yo Ma and members of the Civic Orchestra playing the Shops at North Bridge in 2013. Photo: Courtesy of the Chicago Symphony Orchestra If you've been avoiding the Mag Mile since Thanksgiving, Sunday might be a good day to give in. For the second year in a row, famed cellist and CSO creative consultant Yo-Yo Ma will play a pop-up performance at the Shops at North Bridge (520 N. Michigan) Sunday afternoon. Following a performance of Bach's Brandenburg concertos (No. 1-6) by members of the Civic Orchestra (the CSO's training ensemble), Ma will join the Civic brass for an aria from Handel's Rinaldo arranged by trumpeter Matt Barker. The show runs from 2 p.m. to 5 p.m., and Ma will appear for the aria at 4:15 p.m. Additionally the ensemble will play from 1 p.m. to 3:35 p.m. at the Christkindlmarket (50 W. Washington). Both performances are free—your first gift of the season. Go: Yo-Yo Ma and the Civic Orchestra perform Sunday, December 7 from 1 p.m. to 3:35 p.m. at the Christkindlmarket (50 W. Washington) and from 2 p.m. to 5 p.m. at the Shops at North Bridge (520 N. Michigan). Free. Changes to This Story Dec. 5, 2014: An earlier version of this story stated that Yo-Yo Ma would perform the Brandenburg concertos with the Civic Orchestra at 4:15 p.m. In fact, the Civic Orchestra will perform the concertos without Yo-Yo Ma beginning at 2 p.m., and Yo-Yo Ma will join the Civic brass for Handel's Rinaldo at 4:15 p.m. Tags: Arts & Culture, Music	cc/2021-04/en_head_0017.json.gz/line944
__label__wiki	0.904649	0.904649	A Chicago company has figured out how to drill deep down for “hyper-local” news—that is, the stuff that’s happening on your street. But is there a future for this new breed of jounalism? By Andrew Huff Adrian Holovaty Photo: Andreas Larson For the last year or so, thousands of Chicagoans have regularly visited the Web site Everyblock.com and typed in their street address to see if a new lunch spot has opened nearby or if a bike rack is being installed near work or if anyone on the block has been a victim of a burglary. Everyblock.com, which operates out of spartan headquarters in the Loop, is the brainchild of 28-year-old Adrian Holovaty. In 2005, not long after he and his wife moved to Chicago and began looking for a safe neighborhood, he started toying with Chicago crime data. (They ultimately settled on Lake View.) Google Maps had just launched. The Chicago Police Department had put some of its statistics online. Holovaty combined the two and created Chicagocrime.org, a Web site that allowed anyone to search for crimes by location, type, and date—and on a map, no less. Chicagocrime.org was an instant hit, and spawned a worldwide “mash-up” craze in which all sorts of info—from drink specials to ancestry records—got plotted on Google Maps. It turned Holovaty into a rock star in the journalism world, earning him a $1.1-million grant from the John S. and James L. Knight Foundation in 2007. The site also landed him a job at The Washington Post; as editor for editorial innovations, he had the freedom to pursue database-driven projects—as well as permission to stay in Chicago instead of moving to D.C. Holovaty left the Post in 2007 and used the Knight Foundation grant to launch EveryBlock, which tracks not only crime, but business licenses, restaurant inspections, building permits, and more in a dozen cities, including New York, Los Angeles, Philadelphia, and, coming soon, Detroit. In essence, EveryBlock offers a technological answer to a basic question: What is happening in your neighborhood? So far, the site—which boasts overall traffic of 600,000 to 700,000 unique visitors a month—seems to be beating local newspapers in finding an innovative way to give citizens timely, relevant, hyperlocal information with relatively light manpower. But Holovaty has yet to figure out how exactly to make money from his venture: The grant ends on June 30th, leaving his young company without a source of income. “Going into this, we knew it was a two-year grant, and we might just decide to give up and say it was fun while it lasted,” he says. “But now that we’ve been doing this for a year and a half, we’re determined to see it continue and turn into a sustainable business.” Holovaty is considering several business models, from selling advertising to offering up his platform to people and organizations interested in creating their own versions of the site. Earlier this year EveryBlock—which is run by a lean team of six—began working with several outfits to provide localized coupons for Chicago-based businesses. EveryBlock earns a commission on coupons that get used, as it does with Google text ads that run on some pages. Holovaty speculates that EveryBlock could someday allow, say, a dry cleaner to buy ads targeted to its neighborhood. But that presumes a specific neighborhood has sufficient traffic on the site. “If a dry cleaner is going to advertise to a three-block radius around them, we need to be able to say that there are actually EveryBlock users by them,” Holovaty explains. “The only way to do that is to keep adding features to keep people coming back.” Meanwhile, another major development looms. The rules of the Knight grant stipulate that the project’s code must be made “open source”—available for free to anyone who wants to use it. Holovaty predicts that the most likely adopters will be independent citizens and news organizations—but since he got there first, he’s not very worried about competition. “It’s almost like a zero-sum game,” he explains. “If there’s [EveryBlock] in the city, it doesn’t make much sense for there to be more than one.” So far, both the Chicago Sun-Times and Chicago Tribune have incorporated a map from EveryBlock into their Web sites. The Tribune has gone even further and developed EveryBlock-esque projects of its own, including Chicagotows.com, a site that tracks cars towed by police, and a crime tracker similar to Chicagocrime.org. Bill Adee, the Tribune’s editor of digital media, says EveryBlock’s work has been inspirational. “I think Adrian and his crew are way ahead of everybody in the way they organize the news.” “EveryBlock is very much a part of the future of journalism, but I don’t think it’s the only part,” Holovaty says. “We’re very much focused on one specific type of news, and that’s neighborhood level or deeper. If it’s something that affects the entire city, you won’t even find it on our site.” Dr. Barbara K. Iverson, a journalism instructor at Columbia College and editor of the citizen journalism site Chicagotalks.org, thinks the service is valuable to the media as well as users. “A site like that will help small news organizations because they don’t have to collect the data, but you still need a reporter to make sense of it.” She argues that raw data lacks the “passion” a human reporter can bring to a story. Holovaty hopes to bring some of that passion to the site by adding ways for users to get involved, “whether that’s just a big box that says ‘Tell us what’s happening in your neighborhood’ or very structured, focused things that are spinning off our data,” he says. The site might prompt users to do some reporting based on trends that show up in the data stream—digging deeper if a rash of assaults strikes a neighborhood, for instance. One thing EveryBlock won’t be doing right now is expanding to the suburbs. That’s because each city, town, and village keeps its own set of data, and negotiating to get it would eat up far too many resources relative to the gain. “It would take just as much effort to do Oak Park as it would to do Houston,” Holovaty explains. “That’s not much bang for your buck.” But he is excited to see if someone will use the open source platform to build a small-town EveryBlock. “That’s the most fascinating thing to me—thinking about who will use it.” Tags: City Life	cc/2021-04/en_head_0017.json.gz/line945
__label__wiki	0.784747	0.784747	So About Those Olympics: Go for the Silver After the USOC settled its score with the IOC and paved the way for a future U.S. Olympic games, there’s inevitable random chatter about another Chicago bid. If you thought the NATO summit was irritating and/or a police state…. One of the reasons that Chicago didn't get the 2016 Olympics was a throw-down between the IOC and the USOC over revenue sharing. It's not the only reason—Rio likely had an edge as a South American country, a region that had never hosted an Olympic Games—but it was a factor. Now that fight is over, as Philip Hersh reports in a lengthy article, clearing the way for a potential 2024 Summer Olympics in the States. Which could very well mean a reconsideration of and by Chicago, given its otherwise respectable performance in the dog-and-pony-show. The A.V. Club's Marcus Gilmer deals with a lot of the reasons to be skeptical of such an idea, which are well worth revisiting—not just because of the remote possibility of hosting the Olympics in 12 years, but because of the broader question of whether it's a good idea for cities to pursue such international mega-events. More reasons to be skeptical are on parade in London, which is a couple months away from the Summer Games. * The "branding zone." It's sort of like a free-speech zone but in reverse, where areas of the city are limited to the advertising of official Olympic brands. There are different levels of branding protection, reaching their height in and around the events: No journalist covering the Games is allowed any ‘signage of any kind’, even for his or her own publication — on ‘camera bags, hats or other garments’. But the control extends well out out into the city: The city authorities must also "obtain control of all billboard advertising, city transport advertising, airport advertising etc for the duration of the games and the month preceding." Guerilla marketing: not just a clever name, at least this summer in London. * Drones. Remember the brief panic last week about a drone surveilling the NATO conference? They've got those. And surface-to-air missiles. And LRADs. And a security force of 24,000-49,000. * 63 of the city's courtrooms—just less than half—are closing for seventeen days. Hopefully they won't have any mass arrests. * Um: "Beware Drones Carrying Poison, London Residents Told." Those, however, would not be sanctioned poison-carrying drones. By contrast, Chicago was practically an anarco-pacifist commune during the NATO summit. But it'll all be worth it, right? Moody's isn't so sure: Moody's described the Games as a "huge marketing opportunity for corporates" but echoed the view of many economists that the Olympic effect was likely to prove fleeting. "We expect the net impact of the Olympics on UK tourism will be positive overall, but far less than gross visitor numbers would suggest," he added. The Olympics often attract sports fans at the expenses of higher spending business travellers and general tourists who decide to stay away for the duration. I can't help but wonder if the 2012 Summer Olympics will be the tipping point for Olympic fever: a country in the midst of recession and austerity hosting a tremendously expensive event under extensive military and police coverage while ceding commercial control of much of the city to a private enterprise. Is it crazy for cities to pursue events like the Olympics? There's (some) logic behind it. As I've written before, there's evidence that, at least at the national level, countries benefit from trying to get the Olympics. The problem, unfortunately, is actually winning. Photo: myeralan (CC by 2.0)	cc/2021-04/en_head_0017.json.gz/line946
__label__wiki	0.919605	0.919605	Chicago Reporter (https://www.chicagoreporter.com/life-after-being-arrested-school/) Life after being arrested at school By Sarah Karp \| August 12, 2014 More on Chicago Public Schools Subscribe to Chicago Public Schools After pleading guilty to a battery charge, Anthony Martinez must report to a juvenile diversion program located in the basement of a church in Little Village. On some afternoons, the teens just play video games and shoot pool. On others, they participate in workshops. [Photo by Bill Healy for Catalyst] Catalyst Chicago, dedicated its Summer 2014 issue to examining how the War on Drugs is playing out in Chicago’s public schools. This article is the first in a series that highlights how education officials are quick to call police to deal with misconduct, leading to harsher punishments than an adult would face for the same offense. Meanwhile, a new loophole in Chicago Public Schools’ code of conduct could put more students on the path to expulsion without a hearing. It is a week and a half before school lets out for the summer, and though the weather is on the cool side, children are on the playground of Little Village Elementary School, shouting and running in the late afternoon. Anthony Martinez slides into the basement of an old building on the corner across the street. Several teenaged boys are slouched on a worn, weathered couch, playing video games in the dim light. Others are shooting pool. The young men are here as part of Urban Life Skills, a diversion program that allows young offenders to avoid the juvenile court system and a possible criminal record. Anthony, who is the youngest in the room, sits by himself. He looks nervous in the way a 15-year-old might, staying quiet and biting his lip. Short and with a bit of a round face, Anthony sports a small gold earring in each ear, and today wears what is something of a uniform for teenage boys in the neighborhood—an oversized white t-shirt and too-baggy blue jeans. Anthony is supposed to be getting ready for his eighth-grade graduation from Kanoon Magnet Elementary, but he is not sure that it will happen. His math teacher is threatening to fail him, and he could be forced to go to summer school. If so, that would derail his high school plans: Anthony wants to go to Community Links High School, a year-round school that allows students to graduate in three years. It is smaller than most high schools and would give Anthony the individual attention and fresh start he so desperately wants. But Community Links requires students to be “in good standing” in order to enroll, so Anthony will lose his chance if he fails eighth grade. Instead, he would be stuck at Farragut, his neighborhood high school. Though Farragut’s dean of discipline says the school environment has become calmer and there is almost no gang-banging, Anthony says he knows too many other young men at the school and would come in with too much negative baggage. “I am trying to have a better life, but if I went to Farragut, I would probably drop out,” he says. Anthony, the younger brother of a known Latin King gang member, says that the teachers at Kanoon never liked him, always thought he was a bad apple and for years considered him “at-risk.” Mostly, he maintains, the teachers dislike him because of the incident that led to his arrest and his eventual assignment to the Urban Life Skills program: a playground fight that he was accused of participating in and breaking a girl’s nose. Anthony insists he had nothing to do with the fight. Initially, he was only suspended; it wasn’t until weeks later that police came to the school to arrest him. Fearing he would be found guilty of aggravated assault, Anthony pleaded guilty to a lesser charge and was placed on two years’ probation and sent to the Urban Life Skills program. Art Guerrero, who runs Urban Life Skills and has volunteered at Kanoon, says the arrest probably happened because the girl’s father insisted some action be taken. Guerrero adds that Anthony has had problems with teachers being wary of him and that the school does tend to call the police a lot. Like Anthony, many of the students arrested at schools are challenging and perhaps made bad decisions, but there are alternative ways to deal with them other than calling the police, says Joel Rodriguez, an organizer for the Southwest Organizing Project, which has worked with Voices of Youth in Chicago Education to advocate for a diminished police presence in schools. He notes that students are usually back in the school very soon after being arrested and nothing has changed about the circumstances surrounding the incident. “Instead of dealing with human beings, we are just calling the police,” he says. “With all the stresses in schools, people have very little energy to deal with students.” More so than in other large school districts, Chicago schools are quick to call in police to handle student misbehavior and conflict, according to a Catalyst Chicago analysis of data from the U.S. Department of Education’s Office of Civil Rights for the 2011-2012 school year (the most recent available). In Chicago, police were called at a rate of nearly 18 cases for every 1,000 students, while New York City’s rate was 8 per 1,000 students and numbers in Los Angeles were 6 per 1,000. Overall, CPS referred 7,157 students to law enforcement, of whom 2,418 students were arrested, according to the federal data. As is the case with school discipline in general, black males are disproportionately targeted: They make up about 20 percent of CPS students, but 40 percent of those referred and arrested. Another 20 percent of students arrested or referred to law enforcement are Latino males—about the same percentage as Latino male enrollment. (Black and Latino girls are the vast majority of the other students who are referred or arrested.) What’s more, these numbers likely underestimate the true number of arrests of young people in and around schools. The federal CPS data only includes incidents in which a school staff member calls police to the building. However, Chicago police track all arrests of those 17 or younger in a school building or on school grounds, regardless of how the arrest originated. The Chicago Police Department reported 3,768 arrests of minors in schools and on school grounds during school hours in 2011-2012, according to data obtained through a Freedom of Information Act request. (In early July, Mayor Rahm Emanuel announced that 1,000 fewer students were arrested in the 2014 school year, but the police department did not confirm these figures.) Students are acutely aware of the heavy police presence in their schools, says Mathilda de Dios, program manager for Northwestern University’s Children and Family Justice Center. As part of her job, she leads Know Your Rights workshops at high schools and community centers. At the start of workshops, she asks teens how many of them have been arrested at school or know someone who has been. More than 80 percent of them typically stand up. Asked how many of them go to schools with restorative justice programs such as peace circles or peer juries, and about 30 percent stand up. De Dios says that police involvement rarely leads to a resolution of the conflict. And when police lead students out of school in handcuffs, it shapes how they view school and how school employees perceive them. Jennifer Viets learned this the hard way when her son was taken by police out of a freshman summer program at Lane Tech High. Viets says the police were only trying to get information from her son about his friend, who was accused of throwing rocks. But her son told her that when he returned to Lane the next day, teachers commented to him that they didn’t think he would be back. A few years later, Viets’ son and his friend were led away from school in handcuffs after being accused of stealing at a party. Viets notes that the two were the only young black men at the party. They were never charged, as the investigation eventually pointed to other culprits. Nevertheless, Viets says her son was scared. “Everything went downhill after that,” Viets says. Her son wound up leaving Lane and completing high school with a virtual charter school. His friend transferred out too. “It changes the way everyone perceives you when you are arrested, even if you are never charged,” she says. “How do you recover from that?” At Kanoon, where Anthony attends, 13 students were referred to police or arrested in the 2011-2012 school year. That doesn’t sound like many, but it puts Kanoon at the higher end of the scale for elementary schools: 68 percent of elementary schools had fewer than five incidents of police involvement, and the vast majority did not lead to arrests, according to the federal data. Meanwhile, just 20 high schools accounted for half of all arrests —even though students in those schools made up less than a quarter of the high school population. Most incidents that lead to police involvement are simple battery or assault cases, theft cases or possession of small amounts of marijuana, according to a Catalyst analysis of Chicago police data. In June, CPS overhauled its student code of conduct and drastically cut the list of incidents that require police notification. The new code, which youth and parent advocacy groups had pushed for, now only requires police notification for drug or gun possession. In other cases, school officials can decide themselves whether or not to call police, depending on the severity of the crime and whether others were hurt or in danger of being hurt. Plus, principals must check with the Law Department before calling police on a student who is in fifth grade or younger. In contrast, the previous code listed 27 categories of incidents that required a call to police, including battery and “any illegal activity which interferes with the school’s educational process.” Yet Chicago remains an outlier. A Catalyst review of discipline codes from suburban Chicago districts and other large urban school districts shows that many give principals full discretion to decide whether to call in police, even in drug and gun possession cases. Cliff Nellis, lead attorney for the Lawndale Christian Legal Center, says that too many young people come to him after arrests for incidents that could easily be labeled a misdemeanor or dealt with through school discipline. “In mostly white suburbs, it is almost always misconduct, whereas here it is a crime,” says Nellis, referring to the rough West Side neighborhood. Nellis points to one case in which a client and his friend broke into their high school and played basketball in the gym. “It was basically a prank,” he says. The alarm was triggered and police wound up surrounding the school. The boys hid, but were eventually sniffed out by dogs. Nellis says the boys had nothing in their possession and the only things out of place in the school were basketballs. “They could have been charged with misdemeanor trespassing and the boys could have had a call home,” he says. “Instead, they were charged with a Class 2 felony burglary—breaking and entering with intent to steal. The intent is subjective.” Schools are only part of it, says Nellis. Arrests on the streets and in the schools start young for many and this involvement follows them into adulthood. More than 57 percent of adults in North Lawndale have criminal convictions, according to a 2002 Center for Impact Research study, a mark that makes it more difficult to get a job and do other things necessary to change the direction of one’s life. “This neighborhood is flat-out oppressed by the criminal justice system,” he says. Cook County’s Juvenile Justice Division reports that about 75 percent of young people on probation re-enroll in school, but not necessarily the same school they attended at the time of arrest. (As part of juvenile probation, students must enroll in school.) Those on the ground say many are steered toward alternative schools. CPS is in the midst of a major expansion of alternative schools, many of them to be operated by for-profit companies. Elvis Aguilera found out the hard way how difficult it can be to re-enroll. Elvis just turned 16 in January, but he has already been in and out of the detention center three times and in-patient drug rehab programs three times as well. The last time he got out of youth prison in St. Charles on parole in October 2013, Elvis went with his mother to get back into Farragut High School. School officials, he says, told him to just wait. Every two or three weeks, he and his mother went back and asked for him to be let back in, only to be turned down. Eventually, the staff at Urban Life Skills got involved and reached out to a re-enrollment specialist at CPS. (In 2013, CEO Barbara Byrd-Bennett hired these specialists to look for teenagers not in school.) According to Elvis and Art Guerrero, they were given some surprising news: Farragut still counted Elvis as enrolled. Sixteen-year-old Elvis Aguilera, center, shares a meal with other participants in the juvenile diversion program to which he was assigned. The youth meet on Friday evenings from 6 to 9 p.m. and participate in workshops on topics like perseverance. [Photo by Bill Healy for Catalyst] The re-enrollment specialist told Guerrero that it is not unusual for schools to keep students enrolled, even though they are gone for months at a time. With high schools struggling to keep enrollment up because the district has switched to providing money on a per-pupil basis, it benefits schools to have these students on their rolls. But schools will quickly drop them when pressured to actually take them back, the re-enrollment specialist told Guerrero—schools don’t want teens perceived as problems or potential trouble. Elvis, in particular, has a tattoo that the principal didn’t like. Elvis says that on his 16th birthday, he was officially unenrolled from Farragut. He says he was told he could try an alternative school or a GED program, but so far has turned down the idea. Now he spends his day helping walk the neighbor’s children to school and waiting for 4 p.m. when he can go to the diversion program. “I am so bored,” he says, noting that the last time he relapsed into drug use was because he was bored. For Anthony, getting assigned to juvenile probation officer Elizabeth Marrero and placed in Guerrero’s diversion program felt eerily familiar. Both Marrero and Guerrero worked with Anthony’s older brother, Victor. Guerrero says he met Anthony when was he was about nine or 10 years old and would beg to tag along on field trips with the diversion program. Diversion programs often take their clients to ball games, museums or downtown. Guerrero also volunteered at Kanoon, taking a group of “at-risk” sixth-, seventh- and eighth-graders aside and talking to them about once a week. Anthony was part of that group. “I have known him since he was a shorty,” Guerrero says. Guerrero’s life mission is to prevent others from following the same path he took. In his wallet, Guerrero, who is almost 50, has a picture of himself from 13 years ago. His face is sunken in, with deep wrinkles. His eyes have large swollen bags under them. He’s rail-thin. Guerrero says he was just like these boys at one time. He grew up in the neighborhood and his grandmother still lives in the same house just a few blocks from the diversion program. He gang-banged. He smoked weed. He got addicted to heroin. He overdosed six times. On September 25, 2005, Guerrero was arrested and charged with dealing drugs near a school, a Class X Felony. He was 39 years old, and faced between six and 30 years behind bars. “In jail, I was saved,” he says. “I felt like God was telling me that I had a purpose and it is not to be a dealer or an addict.” After a year, he came out of prison and started volunteering with Urban Life Skills, which is connected to New Life Church, an evangelical church with several locations in Chicago. That is when Guerrero became involved in Anthony’s life. Guerrero’s face has filled out and now, he has a middle-aged pouch that makes him look healthy and normal. He likes taking Anthony and the other boys out to get something to eat. In the quietness of a car ride or over a taco or some ice cream, they’ll often talk to him about their fears and their hopes. Guerrero says he gains the boys’ trust. Marrero says he plays good cop. “I play bad cop,” says the probation officer, a tall, thin striking woman. She says she has to be stern to let her clients know that she is about business. She is a mandated court reporter, so what she finds out she has to tell the judge. But she is also motherly. Guerrero says that over time the drugs may have changed, but the cycle is much the same. Young teens, like Anthony, mostly smoke weed. But as they get deeper into the street life, they graduate to harder drugs. The addiction to drugs makes it more difficult to take a different path. When Anthony first started at the juvenile diversion program, some drug tests showed he was smoking marijuana. But lately, they have come out clean. Anthony is young enough and eager enough that he’s still got the potential to change his trajectory. That is why there was a palpable sense of relief on the Friday before graduation when he flew into the Urban Life Skills basement and announced that he was going to graduate. “The principal called me into the office and told me I could walk,” he says. “They gave me a gown.” That evening the clients were treated to Mexican food, as well as a guest speaker to kick off the theme of the month: perseverance. One of the first things the speaker did was ask the young men if they knew the definition of the word. No one did. “It means doing something despite difficulty,” says Arnulfo Torres, a counselor for Rudy Lozano Leadership Academy, an alternative school in Humboldt Park. “What happens when you walk down the street and you get jumped and you go to the hospital? What happens when your brother gets shot up? What happens to you? You keep living. Life still goes on. You don’t stop being what you are. You have perseverance.” A few days later, Guerrero and Marrero attend Anthony’s graduation. They stand in the back behind the parents and brothers and sisters. They each came with different messages that they wanted to get across to him. Marrero wanted this to be special for Anthony. She wanted him to savor the moment. She kept pointing out to him how so many people were proud. “Even the principal gave you a real honest hug,” she told him. Marrero watched him closely. She noticed that when all the other graduates tossed their caps into the air, Anthony reached up and held his firm on his head. Later, when she mentions it to Anthony, he says: “I didn’t want to lose it.” Guerrero wasted so many years cycling in and out of prison and drug rehab and now spends his days trying to hold a life jacket out for young men, some of whom are destined to do the same. Guerrero knows that Anthony’s journey is not going to be easy. The message Guerrero had for Anthony is that he can overcome the assumptions and expectations that he won’t make it. As he hugged him, over and over again as though repeating a prayer, he says, “This is just the beginning. This is just the beginning.” “I told the principal that in the end, Anthony is going to prove everyone wrong,” he says, looking straight at Anthony. “He is going to graduate from high school. He is going to make it.” is an associate editor for our sister publication, Catalyst Chicago. What’s the alternative to police in schools? Restorative justice. Restorative justice programs have already proven effective at Chicago Public Schools, but lack the level of funding budgeted for the district’s contract with the Chicago Police Department. How Illinois obscures racial disparities in school discipline data The state is legally required to publish data on the race and ethnicity of students who are disciplined in schools. Here’s why that’s not happening. As school discipline disparities worsen, Illinois has yet to require reforms The state has stalled on requiring school districts with the highest suspension and expulsion rates to improve.	cc/2021-04/en_head_0017.json.gz/line947
__label__cc	0.66933	0.33067	Ericka Jones (2011), Jason Feldman (1990), and Sue Suh (1992) Learn more about The SIP and its fifth episode of the second season, When Spit Saves the World (and Builds a Business) with Jason Feldman (1990), here. Jason Feldman: I cannot get over how fast any time just flies. I don’t know what happened. Everyday I wake up, I think, well, it was March just a minute ago and now it’s not. Sue Suh: Ericka Jones: Hi, Coke Scholar family and friends. Welcome to season two of The SIP, the podcast that shares a taste of the Coke Scholars around the world who are igniting positive change. My name is Ericka Jones and I’m a proud 2011 Coca-Cola Scholar originally from Los Angeles and now finishing up my final year of ministry school in Northern California. I’m an actor, a poet, a storyteller, but most importantly, a lover of people. For those of you who are listening and may not be a Coca-Cola Scholar. Welcome, we are glad to have you. To give you a little background, the Coca-Cola Scholars Foundation is the largest achievement based and corporate sponsored Scholarship program in the country. Each year, it awards $20,000 to 150 high school students across the country. We share a unique passion for service and leadership. It’s a competitive program to get into, but once you’re a Coke Scholar, the benefits go far beyond the money for college. You become a part of this bigger family for life. If you want to learn more, you can visit their website at coca-colaScholarsfoundation.org. Welcome back to The SIP. In today’s episode, 1992 Scholar, Sue Suh will be talking with 1990 Scholar, Jason Feldman, co-founder of Vault Health. They’re going to be diving into how Jason has started a men’s health company in the middle of a pandemic and how the company is helping with the COVID-19 crisis. Sue Suh serves as the first chief people officer for Time. Before joining Time Sue’s career spanned philanthropy and public service, including jobs with the Rockefeller Foundation in New York and Bangkok, as well as with the US Departments of State and Defense in Washington DC, New York and Tripoli, Libya. She was honored to be named a 2019 Folio 100 member in the C-suite category. Outside of media, Sue serves on the boards of the Classical Theater of Harlem and Special Olympics Asia Pacific. Recently, Sue served on the board of the Coca-Cola Scholars Foundation. Sue graduated from Princeton University and Columbia University, and was grateful to earn a Fulbright award to South Korea and a Presidential Management Fellowship with the US federal government. Sue will be talking with Jason Feldman, CEO and co-founder of Vault Health. After noticing that many of his male friends were reluctant to seek care for certain issues, Jason co-founded Vault Health in 2018 to provide specialized at-home care for men. Some men may be shy about seeking medical help, but Feldman’s start-up is getting some attention in bringing transformation to men everywhere. Earlier this year, it raised $30 million to expand its reach. The company services include personalized treatment plans for sexual health, hair loss, prescriptions, house calls from providers and telemedicine services. In May, the company took its at-home proposition to a whole new level offering a federally approved at-home saliva test kit for COVID-19. Before launching Vault Health, Feldman was the head of Amazon Prime Video Direct, and there is so much more to his story which you are about to hear. Without further ado here are Sue and Jason. Actually, it was so interesting, Jason. I loved meeting you through the Coke Scholars Network, but I was like, let me just refresh myself on your career. If you looked at a glance on paper, what your resume said, you might be like, wow, how does this even connect? But something I wanted to ask you about was, I feel like whether it was at The Home Depot or Body Shop or Hanes or Amazon, something you’ve always focused on is the customer experience. Like how you are engaging with the human who is engaging with the product or the services that you are representing. And I just feel like that to me, what’s more personal than health. And for you to have landed in health, I mean, I would love just to hear how you’ve built on the experiences that you had in your career and what’s guided that board game. Your words are kind. My life is a board game. It’s like Chutes and Ladders, I think. I wish it was a bit more like Monopoly, but it’s Chutes and Ladders. I think that from my probably young child self, it was not understanding or not being able to define it, but now at this age, at next month, 49… Thanks. I am a very mission-driven individual. I just am. And I always have been. And I remember at the youngest of young ages, I wanted to be a surgeon. That’s what I wanted to be. I can remember having stuffed animals from being a baby that were in my room most of my childhood and I operated on them. I did. I figured out a way to have a scalpel and a sewing kit that I found and I was trying to operate on them. It sounds a little masochistic now, but that’s what I was doing to my stuffed animals. I’m sure they all healed beautifully. They all recovered 100%. And the life that I lived didn’t really go that way. I didn’t become a surgeon. I wanted to be a doctor. Actually, there were two things. It was completely diametrically opposed to mission-driven when I also thought, well, maybe a career in Hollywood would be fun too somewhere along the way. But anyway, and those two stories intersected. But the idea being mission-driven was really, I wanted to do things for other people. That’s what I felt like I needed to do in my life. And then I got to 10th grade and got to geometry and figured out that that wasn’t going to be my thing, but that stuck with me and what it turned into, what it really morphed into was this idea of serving others. And so that became my thing. So I found myself very quickly realizing that retail was the drug that made me feel like I could really do something. It wasn’t really where I started. That was just high school. I thought, all right, there’s got to be something that I could feel like I’m doing something really great. Selling clothes or ice cream or the things that I did were semi-fulfilling, but I started to develop that idea that if I could do something really great and make people smile and make people feel good, that was awesome. So I went to school in Washington, DC. And I wanted to go to George Washington University because it was right next door to the State Department and right across the street from the White House. And that’s where I wanted to go to school. I knew it. That’s where I wanted to go and that’s where I went. As soon as I got to school, I got a job at the State Department. I was willing to do anything at all. I worked for the labor union for the foreign service. Not by choice, but it was because the first person that called me back got me excited and that’s where I went. And I started feeling like this was going to be my thing. I was going to be in public service for the rest of my life. And I learned fortunately that that was not what I wanted to do at a young age. But those experiences led me on and on and on through my career. And always what I found myself, when I was at my peak, it was because I was doing something that felt larger than life and very mission-driven. So it happened that after school, I went to go work for The Home Depot and the founders of The Home Depot were if nothing, customer obsessed and they would do things that were just obscene. You couldn’t even imagine how they would treat customers. If somebody came in and said that they had had a bad experience, the company at that time would have built them a new house. I mean, the exaggeration of that was just what it was like every day. And I thought, this is what I need to do. This is how I want to be. And throughout the course of my career, I’ve always found that. My favorite, favorite, favorite job was really at, until now, was really at L’Oreal at The Body Shop, because it was a mission-driven company that had been founded by a woman, Anita Roddick, who loved to do good and felt that the flywheel of doing good, it would actually do better for humanity by making money, by running a business and being successful. She had the opportunity of actually being able to make a profit and then invest back into people and communities and causes that she cared about. And when I got there, the cause was stopping sex trafficking of young women and girls. And I realized I could actually make money for the business. The business was in deep distress, it needed to be turned around and we did that, but we could also do good. And I felt like I was finally at my place. That was the moment where I thought, this is what the world should be like. You get to do good, make a profit, and because you made a profit, do more good. And that was pivotal for me because I recognized in myself that that mission was going to be what made me happy. So by the time I got to Amazon, which is, it’s the black box of all the things you think it would be. It’s fascinating, it’s incredibly organized and structured. And yet it’s completely off the cliff in terms of just what imagination can bring to humanity if you have the money and the resources and just really smart people to do it. But their mission is to just sort of dominate the world. I mean, help people find better value, but at the end of the day it wasn’t a mission that really struck me. It wasn’t exciting for me. I mean, it was cool and I’m a huge fan of the company. And I’m a great customer, God knows, but I just didn’t feel inspired. And what I wanted was to go back into healthcare. Almost from the minute I got to Amazon, and I thought, why doesn’t Amazon get into healthcare and they’re doing it now. But for the entire time I was there, I just couldn’t find a way and they were still struggling to figure it out. And so I was asked to go be the CEO of Jenny Craig. That was going to be my bridge into healthcare. It’s funny as I think about it now. That was not going to be a good move. But I was thinking that would be how I’d get back into healthcare and do good. And fortunately, I was still with Amazon. I was in New York and somebody called me and said, “Hey, would you meet this venture capital studio? They really want to know you. They’ve heard about you doing something that I was doing.” And I said, “No, I have zero interest. I’m moving to California.” They talked me into going and having just a 45 minute, hello, shake hands. I was doing it as a favor. I walked in and these people told me this idea of this business that they were creating called Vault Health. And they told me that it was going to be a men’s health care business. And they told me that 70% of men don’t get consistent healthcare and as a consequence are dying five years younger than women because of cardiovascular disease mostly. That’s the number one cause of death for men, which is entirely preventable. And they showed me the business plan and I laughed. And I said I would do this in a totally different way. Guys don’t go to the doctor. You have to go to guys if you want to take care of them. And clearly the data tells you that they don’t get healthcare. So if you did it from a virtual perspective, you did it with telehealth, you go to their home and you take care of them, that’d be good. And they’re like, “Well, that’s a great idea. Would you put a plan together and share that with us?” And I laughed and said, “No”, and I left. And then they called and asked me to put a plan together again. And they said, we’re really serious. We really thought you were great. You challenged when nobody else really ever challenged. Would you be willing to at least just tell us how you might do it? If nothing else, just tell us how you would do it. Just give us a head start. And I did. And then they said, would you just run this thing? And a year and a half later, here we are. So that’s it. I’m back to my mission-driven life of healthcare. That’s what I’m doing. It’s so funny you go into meetings where the stakes are lower for you. Sometimes that’s the most liberating, right? You’re like, you know what, I am going to speak my mind on this and here’s what I think. And at the end of the day, I think that’s what people are looking for. They want someone with a point of view, who’s going to really tell it like it is. I’m sure that’s why they were like, we got to get this guy. They don’t know what they bargained for, I can tell you that. Even to this day, my board says, oh my gosh, what did you do? This is a crazy world. I am obsessed about finding talent. I’ve never in my career, no matter what I’ve ever done it, I am fully and realistically aware at all times that my successes have been at the absolute inspiration of others around me. The people that I find that work with me and are my partners are stunningly brilliant and run faster and run harder and think smarter and do all the things that I am inspired by. And their efforts and inspiration are what ultimately makes me more inspired to think bigger and run harder and deliver more. And that I think is what, in any form of inspiration, when you’re obsessed about taking care of a customer, when you can get other people to feel the same way, it’s a fun place to be. It’s the place you want to go everyday. And so that’s what I’m doing now. And that’s what I hope everybody in some ways is able to go to work and think that I’m really lucky to work with this person. I’m really lucky this person chose to work with me. Yes. Exactly. Like, how do you honor that choice? You’ve chosen them, they’ve chosen you. I mean, how do you honor that every single moment of everyday? And I think what you said about being so relentlessly obsessed about how do we help our customers feel really like human beings. And it goes back, it’s not rocket science, right? Like, how do you make people feel like you would love to be embraced and treated and respected? There are a lot of people that made it possible for me to do the cool things that I’ve gotten to do because they put themselves out there and did it on behalf of my leadership to be great. And that was the thing that I guess struck me as an early on point of view that as a leader you will always be better if you bring other people along with you. Definitely. That was so well said. People are the greatest investment. And everyone is a walking example of that. The Coke Scholars Foundation does that brilliantly. Right. I mean, it’s been bringing everyone together. And it’s funny, like a few minutes ago, you mentioned that, you know what, I dipped a toe into public service and realized I was moving on to something else. But I have to say everything that you’ve just said about how you show up in the world and what you do right now, I can’t think of a greater public service in terms of investing in people and investing in people’s health. I mean, I’d love to hear for those who are listening, we all have our Zoom background, the Zoom background behind Jason right now is the coronavirus. Yeah. It’s not a sexy background. Totally. And something, obviously that was not your Zoom background at the beginning of 2020, nor did you probably have a Zoom background at the beginning of 2020. And so I’d love to hear more about, I mean, Vault Health, that mission of really serving men’s health and how you’ve pivoted and the real strides that you’ve been taking. I’ve been watching the headlines even just this week about working with airlines and working with Aruba. So would love to hear how that journey has been. It has been a strange and surprising and pretty cool journey. We started this company last year in February. It was started as a proof of concept like I was describing for men’s health. And then we started building what I really wanted to build, which was that healthcare platform. And by the way, while men’s health is something we’re very passionate about and I never thought I was going to become a guy-necologist, the G-U-Y-necologist, but that’s how we started building this business. What I was really interested in doing was building a platform and platforms are what the world really spins on. So they’re durable, they’re scalable, the mechanisms that are built into a platform allow you to do lots of cool things. And so that was my dream. And I said, look gang, to the team, if we can actually do something that is scalable for men, then really women who look for healthcare will love this. So men will be the Trojan horse for this business, but we’re going to build a healthcare platform. So never forget, while we’re serving men for now, we’re building a healthcare platform. So anyway, we started building this platform and we were only doing business in New York, we were only helping men. And then by about this time, so this is November. About this time last year, we started launching into South Florida because I thought New York is just so myopic. We’re only going to do it for New Yorkers. This can’t make sense. We’ve got to go to Florida and try this business. The website looked like from the 1970s. It was so embarrassing. I mean, it was called Vault. It was so embarrassing. So I finally said, let’s hire an agency. It’s going to cost us a ton of money and we don’t have a ton of money, but let’s do it and let’s make the brand look better. And so we did that. And between January and March, in fact, it was March 12th, we were going to relaunch Vault 2.0. We made the brand look like we wanted it to be. We built this platform. We built a telehealth capability. We were going to be able to handle 150 visits a week. March 12th, we’re going to launch the brand. The PR team, just to indulge me, I’d always wanted to go to the floor of the stock exchange. I had missed my chance multiple times in different iterations of my career to go to the New York Stock Exchange, to be on the floor. And the PR team, just because they thought it’d be a fun surprise for me, set up an interview with Cheddar, I think, on the floor of the exchange. Right. So I’m going down there with our chief medical officer and I, and we get down and we’re waiting to do our first interview and the market crashes. It literally crashes. So here I am, I’m ready to take my little selfie in front of the bell, just for fun, and the market crashes and people actually are very, very, very concerned. You can see it. I mean, visibly concerned. They’re saying things, they are swearing. This is not a good day. And this is right before COVID really kills 12,000 or 13,000 people in New York on the first go round. And so we go back to the office and suffice it to say, we’re thinking, all right, what are we going to do, what are we going to do? Immediately I stopped spending all of our money. We don’t launch the brand. I quickly said to everybody, all right, we’re going to launch every product we had in our roadmap for 2020. We’re going to launch it all now, like now. It doesn’t matter what it is. It doesn’t matter if it’s pretty… Just launch it. If this is going to be a sinking ship, let’s not waste any time, bring everything from below deck on deck and let’s do it. The only thing the federal government in my estimation did right in all of this COVID period was building a telehealth capability across states where the Medicare patients, mostly in this country, would be able to have better access to telehealth. And so, because of that, I saw what that did for deregulation. And we immediately launched 34 more states. So now we’re national and I said, let’s just do this. And we’re going to try to figure out how we’re going to make this work. And lo and behold, we did that. But I was really still concerned that we were going to be able to make this business successful. So I started looking for ways that we could grow through this crisis. And I had no idea. But our friends at Rutgers University, we were working with their genomics lab on a fertility program for men, and I saw that they had a COVID test that they were developing using saliva. And I thought, this is awesome. This has got to be better than those horrible nasal pharyngeal brain ticklers that are being used and no one in America meantime knows how to get a test anyway. So I went to them, I said, “All right, we want to use our new telehealth platform to launch a testing product at home. Everybody in America could do this at home.” And they said, “That would be a great idea, Jason, except the FDA just shut down all at-home testing. So you can’t do that.” And I said, “You must’ve misunderstood me. What I really meant to say was, I want to launch a diagnostic test prescribed by a doctor that could occur maybe at somebody’s home.” And they thought about it, and they were like, “Well, that sounds better. That might get through the FDA.” And so that’s what we did. I then told my team, we have two choices. I went to my board and I told them, this is what I want to do. My board looked at me like I was out of my mind. I went to every employee in the company on a big Zoom call because at that point we were going to work from home. New York was shutting down and I said, here’s the deal. We can do something good for the country. And we can help unless anybody knows how to sew any PPE or make masks, this is what I got. They all started crying saying, let’s do it. Let’s try to do this. And I told them, it’s going to be really hard. We’re all going to have to work nonstop because our whole 2021 roadmap is what I want to build in two weeks. And they said, let’s do it. And so by the time the FDA approved Rutgers to launch that test, which was on a Friday night, late in the middle of April. By that Monday, we launched a national testing business. We were 43 people. Our revenue for this year might have been, if we had been successful doing what we were doing with men’s health, it might’ve been $1 million or $2 million. And by the way, not profitable. When we launched the testing business, nobody came, nobody bought a test. You know why? Everybody was in quarantine. Didn’t see that one coming. But I started looking around. Oh, this is not going to be good, this is not going to be good. And about three or four weeks later, I figured out that the PGA was in the news. They were trying to bring their golfers back. Very social distanced sports, and they wanted to come back. So I said, I want to go get the PGA to buy tests from us, and they did. And we started working with the PGA every week. And then all of a sudden the NHL heard about us and they wanted to bring hockey players back to the ice. And so they started working with us and then the MLS, the soccer leagues came and they wanted to work with us. By the way, I don’t even know what these sports are. I’m not a sports guy. And the next thing the NBA calls us and said, we want to get a bubble in Orlando going, can you help us? And the NFL and the MLB, and all of a sudden we were testing all the pro sports leagues in America. And then college sports teams needed to come back. And they started seeing the pro sports athletes using our tests. And so they asked us, can you help us bring college sports back? And we did. And then the colleges wanted to bring kids back in August to school. And so we brought back just under a million students in August to come back to school. Meantime, when I told Rutgers that we had a telehealth platform that could handle telehealth visits, we were handling baby maybe 150 a week then, back in March. By this time, we’re now handling 15,000 to 20,000 calls a day. And we started testing corporate America because they wanted to bring employees back. And the next thing, governors started calling and asking us to help them with their states. Well, today, in the middle of November, we’re now 1,200 people and a few hundred million dollars in business. We’re very humble about it. We understand that we’ve built this business on the back of a pretty aggressively horrible pandemic, but it’s taught us how to help people. It’s taught us how to work at massive scale. We know that we’re helping people stay safe and we know we’re helping to save lives. We’re helping to make sure people who don’t recognize that they’re sick can stay home and be safe. And likewise, we’re keeping families where they need to be, at home. So it’s been an exciting and thrilling ride. We’re very much still a men’s health business and we’re actually expanding now to three other kinds of businesses around health care because of this platform that we built. And we’re going to scale to some pretty cool heights in the coming year. It’s truly exciting. I mean, that’s extraordinary, Jason, and the fact that you were able to accelerate and galvanize your team. A lot of it, I mean, going back to humans, right? It’s humans who are going to make this happen to save other humans and really move this forward. It’s extraordinary. It’s certainly not government. This feeds my earlier point. I know at some point in my life I’ll want to go teach or go back into public service. But you know what, what I’ve learned in all of this is that public and private service together is far more powerful because government, oftentimes, as we all know, and it’s sometimes cliche, can’t get out of its own way and for its own good as we’re seeing now, unfortunately. But what we did learn is that when government is really pressed and when all things are desperate, what helps government do better, business. And business is for all the reasons we know, it’s enterprising, it’s about profitability. It’s all of those things, but when government can do good because business can also do good and vice versa, you get results. And that is what I’m the most proud of, is that we’ve figured out how to help humanity by trying to do something for the public good together. And that has to be a lesson. And I don’t think that lesson will be written until one day none of us are wearing masks and finally hugging each other and doing the things we love to do before March. But for a while now, we’ve started to learn the lesson that if we don’t do this together, we’re going to clearly end up in a much worse place. Definitely. And I think all of the people you’ve been working with, whether that’s huge sports leagues or people trying to send their kids to school, I mean, it hits every single aspect of your life. I mean, you have three kids of your own, right? And how has being a dad of teenagers during this time informed how you’re approaching anything? I’m running away from them. They are 18 years old. I’ve got triplets, two boys and a girl, Ben, Maddie and Sebastian. You know what happened? Actually, I was very frustrated when school, back in March school came to a grinding halt for lots of kids. And I put them to work. I said, “Well, this is just unacceptable. You’re not going to stay at home and have virtual school,” which clearly didn’t look very real anyway. “You’re going to work. You’re all going to have jobs.” And they’re like, they look at me, “Dad, we don’t have to go to school.” I was like, “No, you don’t have to go to school, but you are definitely going to work.” And so they came to work for Vault and they all have jobs. And to this day, it is a Saturday morning and two of them are actually at a COVID testing center in Passaic County, New Jersey. They run testing centers. The other one runs our state reporting operation with a team of people that have to report every single day. The millions of people that we test have to be reported to state and local government. And he helped build some of our systems. And they actually all work for us in an aggressive way, where they are having to keep up on a daily basis with not only their schoolwork now, but also their work work. Because I want them to understand, first of all, there’s no free ride in this house, but secondly, I want them to have some money for college because they are getting out of here one way or another. That’s amazing, when you’re able to have the gift of having your children to work with you in the work that is so mission-driven and gets you up in the morning and actually is doing social good. Kind of the best thing ever, right? I mean, just really being able to do that together, serving that mission together and really helping people together. I mean, I imagine this experience will stay with them for the rest of their lives. It’s indelible and you know what, if it makes them, and I think it will, if it makes them more confident people at a young age. And so I can only do what I can do for my own kids, but I want them, if they can’t have the classroom experience, I want them to have the practical experience of being able to learn how to interact and find ways to lead and do things that are good. Look, they’re going to find their path. Life’s going to be good for them one way or another. These are pretty privileged kids. They’ve had the ability to grow up. Haven’t wanted for food, haven’t needed to worry about where they were going to get the next pair of shoes. These are pretty stable kids, but I really wanted them, and I still want them, and on behalf of their friends who they’re trying to now start to interact with, I want them all to understand that it’s up to them to do better. Because clearly, we look at our leaders today, particularly those in federal government and it doesn’t matter what politics are, it’s just the way that federal government and ultimately even state government has been so stunted at figuring out how to help us get back to work, get back to school, get back to play, get back to whatever. And if we want this to change and frankly it isn’t going to go away unless we do something and take a leadership role to make it change, then it’s going to be up to us. And I want my kids to recognize this is the moment, whether it’s COVID in 2020, or it’s going to be something else that makes life tough somewhere down the road, 10 years from now, that this moment where they helped to make a difference is going to be the exact same situation. Hopefully not COVID or another pandemic, where they will find themselves at some point, whether for themselves or for the benefit of others, where they can work together to make a better place for all of us. The world is going to be okay and it’s going to be a great place with them leading the way. Oh, it will be okay. Absolutely. And now we’re getting to the part of this podcast that’s called the Fast Five, Jason. And so we’re going to go with this. And the first question is a question that, when we were 17, no one was asking this question and the question is, what are the two apps or websites that you can’t live without? Two apps or websites I can’t live without? Okay. Google for sure is one. And gosh. I touch so many different apps. I think I’m going to have to say… This is going to make me sound so old. This is so not cool, Tableau. [inaudible 00:28:07] Tableau. I’m getting obsessed right now. Tableau is amazing. It’s data obsession right now. Are you kidding? Tableau is all about data visualization. It is. It is that is driving the world. You’re super cool, Jason. I love it. Next question. If I looked at the music on your phone right now, or wherever you keep your music compilation, what would most surprise me? I have a secret fascination with music from other countries. I have a whole bunch of Spanish music on my phone right now and then Madonna. She’s always with me. Ah, love it. Madonna was the first… Speaking of questions that we didn’t have, this is a question that today’s 17 year olds don’t get. But like, what was your first cassette tape that you bought? Madonna was my first cassette tape! I had Cindy Lauper. Yup. I still have them. Yup. Duran Duran. So next question. What is your favorite book or a piece of music or art that has helped or inspired you in life? I read everything all the time. I love art in general. I like culture. Gosh, you’re asking me the toughest question of all. I’m going to put all this data in Tableau, Jason, and then… Yeah. That’s what it is. And I’ll see it. I’m going to send it to you. Do you mind if I just change the question and tell you the most recent? Because I have to tell you when I go to look at what’s on my phone and particularly what audio books and stuff I’m listening to, I just listened to Michael Eisner’s autobiography, which was pretty cool for me. I think that’s what I like in general. I like reading autobiographies. I like learning from how other people see the world. I think autobiographies is true to your brand because you’ve been focused on humans and what’s a greater emblem of the human story than autobiographies. That’s where I am. Yeah. I’m also very obsessed with podcasts too, by the way. I love podcasts. What’s your favorite? What are some of the podcasts you’re listening to? Well, actually I have a podcast called Get It Up, with two doctors. It’s about men’s health is pretty funny, but maybe some people – I love that name. I love how it was made and that podcast in particular was pretty fun for me. How I Built This is what it’s called, sorry, with Guy Raz. And David Rubinstein, who’s one of my investors actually has a great one on Bloomberg that’s a lot of fun to listen to. I love it. One more of these questions, then I’ll get to another one. But do you have a quote or a motto that you live by other than read all the autobiographies that you can? That I live by? I do have one that I really live by. It’s, take people as you find them, like them for what they are, don’t despise them for what they aren’t. I really think that when you accept who the world is because of the people that are in it, and you don’t find reasons to dislike people or hate people or criticize people, then life could be pretty happy. It’s a lot less stressful when you don’t find reasons to dislike the other side. And I think more now than ever. And if great leaders really capture our loyalty by the way they make us feel about ourselves, then that is what I want to be able to do. So I think that’s probably the one that I stand by the most. That’s really well said. And if we all showed up for each other, taking people as they are, and really meeting them with that empathy, I think we could go a long way. My daughter’s favorite one is, everyone is entitled to her opinion. That’s her favorite. There’s a kid focused answer to that that would be slightly different. I’m super cheesy too. But in all genuineness, the reason we know each other and the reason we’re doing this is because of the Coke Scholars Network, which is extraordinary and talk about investing in people. And to you, what makes a Coke Scholars Program and Network in your experience? What makes that all unique? To this day when I tell people what it is, and my simple answer is always Coke gave me a Scholarship to go to school and people say, oh, that’s nice. I say, Coke has also, and I tell them the story of the number of people that I have in my friendship circle, the number of Coke Scholars that I’ve hired or gotten to work with over the course of time. In fact, my technical advisor has come to work with us over the last few months at Vault is Wendi Adelson, another Coke Scholar. Yup. Wendi and I are together every single day, seven days a week, all hours of the day. Wendi gets to know what’s going on in my brain more than any other person on earth. And likewise, I get to know what she’s thinking. And she helps me actually do better. What a fantastic partnership. Isn’t it cool? Phenomenal. She is phenomenal and lots of other Coke Scholars over time have come to work for me, or I’ve been able to hire them and help them get their career started or given advice or whatever. This is a network that has never ceased to amaze me. Every time another class comes out and I read their accomplishments, I think I would have never been a Coke Scholar in 2020. It would have been impossible. I can’t even half the time understand the vocabulary that comes out of these kids’ mouths, but you know what, what it consistently demonstrates to me now especially because I think I’m the second class from 1990. When I look at my colleagues, my peers that I grew up with and even the classes behind and what people are doing and the fact that we know each other and the fact that people are placed in such unique opportunities in life, jobs, passion projects, charities, et cetera, I always think first, who can I call from Coke when I need to crack open something? Because it will be so much easier to pick up the phone and say, “Hey, this is Jason, I’m a 1990 Scholar and I need a favor, or I need you to tell me something.” I know it is an instant door opener that doesn’t even cause the other end of that call, whoever it is to question who I am. It doesn’t even matter if they know who I am. It’s just like, okay, Coke Scholar, I know I can help you. And it has never ever ceased to amaze me how much faster I’m able to take care of business or friendships or whatever, because of this network. It is a part of my fabric and fiber. And it is one that I am delighted. And hopefully one of my children will eventually have a chance to maybe become a Coke Scholar. We’ll see. It is truly the exponential world changer. It really is. I mean, whether it’s literal doors opening or now virtual doors. I mean, it has changed my life and it’s changed yours. And for everyone who’s listening, I imagine it’s changed yours in some way too. And so it is such a gift to connect with you again, Jason, and really just wishing you all the wind beneath your wings as you carry this work forward and continue to save lives. And I hope that if you’re looking for that pop, for that song… It’s going to be stuck in my head all day now. You know that. Exactly. I know. Totally. And I hope that sometime soon your zoom back will turn into something that has really moved the needle forward and that everyone who is managing anything related to the coronavirus, I really hope that you’re all taking care of yourselves and staying well and staying healthy and really being with the ones that you love and in the best way right now. And so I just can’t thank you enough, Jason, for everything that you’re doing. And I look forward to continuing to cheer you on. Sue, I hope we have a chance to turn the tables and I get to ask you about your thrilling, exciting and multi-dimensional life at some point in the future. Hint, hint, hint, but it has been my pleasure, my delight to spend a Saturday morning with you. I think it’s very cool. You have humbled me again. I continue to remind myself that I’m great at one thing, which is trying really hard to not blush right now, because you say too many good things, but I I’m grateful for your time. Thank you for sharing and thanks for having the opportunity to spend some time together with me. Thanks, Jason. And thanks everyone in the Coke Scholars network wishing you all well and happy holidays. We hope you enjoyed this episode between Sue Suh and Jason Feldman. For links to Vault Health and other things they discussed check out our show notes or coca-colaScholarsfoundation.org. And if you have an extra minute, we’d love for you to rate the show or to leave us a review. Join us in three weeks for our next episode, after the holidays when 2000 Scholar, Kevin Shen will interview 2013 Scholar, Joe English, the founder and executive director of Hope in a Box, a national nonprofit that helps educators create safe, welcoming, and inclusive classrooms for LGBTQ students. See you next time on The SIP and happy holidays. When Spit Saves the World (and Builds a Business) with Jason Feldman (1990) From The Home Depot to The Body Shop to Amazon to Vault Health, Jason Feldman (1990) describes his career as a game and chutes and ladders. His navigating force: using business to do good in the world. In this episode of The SIP, Sue Suh (1992), the first Chief People Officer for TIME, interviews fellow…	cc/2021-04/en_head_0017.json.gz/line949
__label__wiki	0.697258	0.697258	The Biographical Dictionary of British Coleopterists is compiled and maintained by Michael Darby. The Dictionary can be accessed below, and see also the additional information provide by Michael: Background and scope of the Dictionary Abbreviations and bibliography Michael would be pleased to hear from anyone wishing to make corrections or alterations to the Dictionary, which will be fully acknowledged. Email Michael Darby or write to Michael at 33 Bedwin Street, SALISBURY, Wiltshire, SP1 3UT. The filter boxes below can be used to find individual entries or groups of entries in the table. You can filter by surname (enter a single letter to see all names beginning with that letter, or enter the first part of a particular surname), or by any part of the full name, or you can filter the main biographical text. You can use the filters in combination, e.g. to search for both a name and some biography text at the same time. Don't forget to click on the Apply button to make your filter work. To remove your filter, delete the text you typed in and then click "Apply" again. Type in the first letter/s of the surname Filter by any name Type in any part of the name Filter within biography Type in any text ABBOT, John 31 May or 1 June 1751 - Dec 1840 or Jan 1841 Although known primarily as an American entomologist Abbot was born in Bennet Street, St. James, London the eldest son of James Abbot and Ann Clousinger, before moving to North America in July 1773. Many biographies (28 listed in Gilbert 1977) record the important role he played there in the establishment of entomology as a serious science. In a manuscript autobiography in the Harvard Museum of Comparative Zoology Abbot gives an account of his early life in England: 'my peculiar liking for Insects was long before I was acquainted with any method of keeping them ...my father had a Country House at Turnham Green ... and I remember breeding some there ... In one of my Walks after insects I met with a Mr Van Dest the famous flower painter, he invited me to come & see him, he had been a small collector, showed me a pattern of the large Net, & gave me some rare insects. I got me immediately a Net made & begun to understand keeping them better. My Father got a Mr Boneau [Jacob Bonneau (1741-1786)], an engraver, & Drawing Master, to give me some lessons of Drawing at our own house, he was acquainted with a Mr Rice a Teacher of Grammar, who had likewise been a collector of Insects, Br Boneau ... praised my Drawings of Insects, & got me through Mr Rice introduced to Mr Drury who had been President of the Linnean Society & who then allowed to have the best Collection of Insects both English & Foreign of any one. I leave you to judge my pleasure and astonishment at the sight of his Cabinets the first I had ever seen of the kind he very politely offered to lend me some insects to draw, & we immediately became well acquainted. That hour may be said to have given me a new turn to my future life. I had immediately a Mahogany Cabinet made of 26 Draws, covered with sliding tops of Glass, it cost me 6 Guineas, & began to collect with increasing industry I met soon after & purchased a parcel of beautiful insects from Surinam ...' It is not clear whether the insects referred to included beetles but some of Abbot's illustrations certainly did (see, for example, a stag beetle reproduced in A. Mallis, American Entomologists, 1971, 5). Many of his drawings were sent to his friends in England and there are 19 volumes of water-colour paintings of the insects and plants of Georgia in the BMNH, and other paintings in the BM. Other drawings are listed in G.D.R.Brison, V.C.Phillips & A.P.Harvey, Natural History Manuscript Resources in the British Isles, 1980. and there is a list of the American holdings together with a short account of his life in America on Wikipedia. Abbot's collections were dispersed. Some are known to have passed to his friend J. Francillon and others to A.H.Norvich, others were lost at sea. There are specimens in the BMNH, the National Museum of Science and Art, Dublin, and the Kolonial und Ubersee Museum, Bremen. (MD 8.17) ABRAHAM, A.A. 143 coleoptera collected by Abraham from various localities were part of the Imperial Bureau of Entomology gifts to the BMNH in October 1920 and November 1922. MD (8/17) ABRAHAM, J Gave 37 beetles from Belgium to the BMNH in 1965 and in the following year 1332 from Portugal collected with M. Bacchus. (MD 8/17) ABRAHAM, J. J.F.Stephens (1828) p.48 records that a J. Abraham presented him with a ‘fine and perfect’ male of Carabus intricatus found in some dried wood brought from the vicinity of Ashburton. (MD 7.01) ACKLAND, M. There are Coleoptera bearing this name in the collection at Oldham Museum (Information from S.Hayhow). Perhaps this is the D.M.Ackland who recorded the presence of Dorcus parallelipipedus (L.) with ants in a tree at Weston-super-Mare in EMM., 79, 1943, p.251, and who at that time lived at 17 Grange Park, Westbury-on-Trym, Bristol? (MD 7.01) ADAMS, Arthur 1820-1878 Published a ‘Systematic list of the Coleoptera found in the vicinity of Alverstoke, South Hants.’ in Zool, 14-16, 1856-58. Immediately after he seems to have travelled to the Far East, notes about the beetles he found there being published in Zool in 1860, 1861 and 1863, and in AMNT in 1861. Nissen, C.(1969) lists him as the Editor of The Zoology of the Voyage of HMS Samarang under the Command of Capt. Sir Edward Belcher during the years 1843-46, (1848-), 1850, which includes 106 plates of insects, and as a contributor to G.B.Sowerby, Thesaurus Conchyliorum, (1842-), 1847-87. In 1870 he published a book entitled Travels of a Naturalist in Japan and Manchuria. Listed in Ent.Ann., 1860, at Brook Cottage, Alverstoke, Hants., together with his wife who is also recorded to have an interest in British beetles. There are Coleoptera collected by Adams in the Rippon Collection, NMW (information from A.H.Kirk-Spriggs). (MD 7.01) ADAMS, Frederick Charlstrom d. February 1920 Best known as a New Forest Dipterist (see obituaries in Ent.News, 32, 1921, p.64 and EMM., 56, 1920, p.256; his collections are in the NHM) but he did show an example of Cantharis rustica Fallen at the ESL in 1892 (Trans.Proc., 1892, p.iv) and I have seen beetles collected by him in the general collection at Doncaster Museum. Chalmers-Hunt, J.M. (1976) notices that a collection of beetles formed by Adams was auctioned by Stevens on 11 March 1919, but Hancock,E.G. and Pettit, C.W. (1979), state that this was, in fact, a collection of Diptera in six boxes and is now in Bolton Museum and Art Gallery. There is a letter from Adams to C.B.Wainwright from Victoria Street, London SW dated 1909 in the RES (Pedersen (2002) p.118). (MD 7.01, 11/09) ADAMS, Herbert Jordan 1838-1912 Primarily interested in Lepidoptera (see obituaries in EMM., 48, 1912, p.243, and Trans.ESL., 1912, p.clxv) but Chalmers-Hunt, J.M. (1976) records that some British Coleoptera were auctioned by Stevens on 24 September 1912. Adams, who lived in Enfield for most of his life, was the brother of Frederick Charlstrom Adams and one of the founder members of the Enfield Entomological Society. He gave one collection to that Society and another, formed during the last thirty years of his life, of Lepidoptera to the NHM. This last (140,000 specimens) was given with the stipulation that it should be known as the ‘Adams Collection’. In a manuscript journal now in the University Museum, Cambridge, Oliver Janson records that he acquired beetles at the sale of the ‘Adams Collection’ in May 1873 and perhaps this may have been an earlier collection formed by Adams. Correspondence relating to the sale is in the Janson archive in the NHM. FES 1877-1912. (MD 7.01) ADAMSON, Charles Henry Ellison d. 25 June 1930 W.W.Fowler named Paussus adamsoni after Adamson who collected it at Minhu, Irawadi when stationed there as a Colonel in the Royal Artillery (FBI, Coleoptera, General Introduction, 1912, p.481). Later he became Assistant Commissioner and Chief Magistrate in Mandalay before leaving Burma after more than twenty years. On his return to England he lived at Crag Hall, Jesmond, Newcastle upon Tyne. P.Davis and C.Brewer (1986) record that collections of Lepidoptera and Ethnographical material made by him are in the Hancock Museum, Newcastle upon Tyne, together with published catalogues, but do not mention Coleoptera. Adamson was a Committee member of the Nat.Hist.Soc.Northumb. 1897-, Hon. Curator, Invertebrate Zoology, 1897- and Vice- President, 1903-07. (MD 7.01) AIRY SHAW, Herbert Kenneth See SHAW, Herbert Kenneth Airy	cc/2021-04/en_head_0017.json.gz/line950
__label__wiki	0.79531	0.79531	EU set to meet two of its three 2020 climate goals AFP Staff Published Monday, November 30, 2020 10:30AM EST While the EU as a whole is making progress on emissions, some countries like France and Germany are lagging on building up renewable energy. (AFP) COPENHAGEN, DENMARK -- A four-per-cent drop in greenhouse gas emissions in 2019 and the green effects of the pandemic will help the EU meet two of its three 2020 climate goals, a report published Monday showed. Outlined in 2007 and adopted in 2009, the three goals include a reduction of greenhouse gas emissions by at least 20 per cent from 1990 levels, a share of at least 20 per cent for renewables in energy consumption, and a 20-per-cent improvement in energy efficiency. According to the European Environment Agency report, the two first goals will be met in 2020, while the third one, on energy efficiency, is not expected to be reached. In 2019, emissions in the EU -- excluding Britain -- decreased by four per cent year-on-year. That was the second-biggest annual decline after 2009 when the region was mired in a financial crisis, according to the EEA, and brought the region's overall emissions 24 per cent below the 1990 level. Meanwhile, EEA preliminary figures show that renewables accounted for 19.4 percent of energy consumed in the EU in 2019, close to the 20-per-cent target. "There are strong indications that the economic downturn in 2020 has sharply reduced overall energy consumption and greenhouse gas emissions in 2020, in particular in the transport sector," the agency said. But while "the share of energy consumed from renewable sources likely... increased," the EEA noted that the effects from the pandemic may "be short-lived." And although the renewables target was expected to be met EU-wide, 14 member states had yet to meet their national targets, including France, Germany and Spain. The sub-target of reaching 10 percent renewable energy in the transport sector remained "tenuous". In 2018, the level was only 8.3 per cent, according to the most recent data. As for the third goal of energy efficiency -- measured by comparing energy consumption to gross domestic product -- the EEA said efforts to reach the 2020 target "have not been enough" in most countries to reach the overall goal. Looking beyond 2020, the Commission is aiming for a 55-per-cent reduction of European emissions in 2030 from 1990 levels, with the goal of being carbon neutral by 2050. The EEA said the progress in 2019 showed "more ambitious long-term objectives are reachable", although the 2030 and 2050 targets would "demand sustained and long-term efforts." Liberals legislate 2050 net-zero emissions, but critics say they're delaying action Pledges by big polluters boost Paris hopes: UN climate chief U.K. to ban gasoline car sales by 2030 as part of green plan	cc/2021-04/en_head_0017.json.gz/line954
__label__wiki	0.921645	0.921645	The Wanted's Tom Parker has welcomed his second child with wife, Kelsey He was recently diagnosed with a terminal brain tumour By Jennifer Savin Mark CuthbertGetty Images Tom Parker, one fifth of boyband The Wanted, has welcomed his second child into the world with his wife Kelsey. The happy news comes at a very difficult time for the couple, as Tom recently shared his heartbreaking diagnosis of an inoperable brain tumour aged just 32. The pair already have a one-year-old daughter, Aurelia, together. Although Tom and Kelsey, are yet to publicly confirm the news of their new addition, Tom's bandmate, Max George (who is currently on Strictly Come Dancing) revealed they were overjoyed with the birth of their son in a recent interview. Speaking on Lorraine, Max praised his friend for showing immense strength over the last few months. "I spoke to him yesterday and he’s doing good, he’s doing great," Max said. "Kelsey gave birth to their second child last week. He’s a fighter, Tom will be alright." He added, "If you’re watching by the way, mwah, I love you all." Tom opened up about the shock diagnosis on Instagram a couple of weeks ago, telling followers of his decision to do one interview in order to "let everyone know the facts in our own way". "Hey guys, you know we’ve both been quiet on social media for a few weeks and it’s time to tell you why," Tom wrote on social media. "There’s no easy way to say this but I’ve sadly been diagnosed with a Brain Tumour and I’m already undergoing treatment. We decided, after a lot of thought, that rather than hiding away and trying to keep it a secret, we would do one interview where we could lay out all the details and let everyone know the facts in our own way. We are all absolutely devastated but we are gonna fight this all the way." The singer continued on to share that he hoped to receive "love and positivity", while raising awareness. "We don’t want your sadness, we just want love and positivity and together we will raise awareness of this terrible disease and look for all available treatment options. It’s gonna be a tough battle but with everyone’s love and support we are going to beat this." A post shared by Tom Parker (@tomparkerofficial) During the couple's interview with OK! magazine, Tom and Kelsey confirmed that heartbreakingly, the tumour was discovered to be a grade four glioblastoma – and "the worst case scenario". The report adds that life expectancy for such an illness typically ranges from 3 to 18 months, with the median length of time being a year. Speaking about how they've been coping since the diagnosis, Tom told the publication, "I think Kelsey has come to terms with it better than me. It’s so consuming. It’s so hard and it’s all I can think about." Kelsey added, "It still doesn’t feel real. I don’t think Tom will ever process this information. It’s horrendous. Watching your partner go through this is so hard, because how can I tell him to not let it consume him? I take his phone away from him, because otherwise he will sit there and Google things and then end up in a hole. The more you Google, the worse possible stuff it throws at you, and that’s not good for anyone." He is currently undergoing life-prolonging treatment in London. Tom, far right, with his bandmates They explained that Tom had suffered a couple of seizures, the first being in July, before being told the devastating news and that tragically he received the news alone, as Kelsey wasn't allowed into the hospital for his MRI appointment due to COVID-19. He also shared that he's trying to remain optimistic: "I need everyone’s love and positivity. I am going to fight this. We are already exploring alternative treatments and looking at clinical trials both here and abroad, and our friends have been doing research. There are so many stories of people who were given a bad prognosis and are still here five, ten, even fifteen years later. We’re going to fight this all the way." Cosmopolitan have reached out to Tom's representatives to confirm the news of his second child's birth. Cosmopolitan UK's November issue is out now and you can SUBSCRIBE HERE. Like this article? Sign up to our newsletter to get more articles like this delivered straight to your inbox. “I found out I have cancer during lockdown” Jennifer Savin Features Writer Jennifer Savin is Cosmopolitan UK’s features writer (for both print and digital), specialising in investigative reports, news, women’s issues and all things health. How to know if you have anxiety Find out when you'll get the COVID-19 vaccine Cervical cancer symptoms not to dismiss as normal The reason you’re so gassy all the time Hailey Bieber opens up about "crazy" trolling Dustin Diamond's sad cancer news "I was sectioned for my mental health" How you'll deal with lockdown based on personality 4 sleep experts share their bedtime routines How long does COVID immunity actually last then? Sienna and Tom welcome their first child! Tom Fletcher and Giovanna have had their second child! Jessica & Justin reportedly had a secret child Elizabeth Banks welcomes second child Cara and Nathan welcomed their second child Tom Hardy and Charlotte Riley have welcomed their first child	cc/2021-04/en_head_0017.json.gz/line955
__label__wiki	0.962421	0.962421	Jade Goody's son Bobby looks the spitting image of his mum The late and well-loved reality star said her two sons would be her legacy and we're sure she'd be proud of how her two lads have turned out Jade Goody's son has shared a rare picture of his adolescent self - and it's hard to spot his mum in him. The late and well-loved reality star said her two sons would be her legacy and we're sure she'd be proud of how her two lads have turned out. Jade's eldest son Bobby shared a rare snap of himself looking all grown up on the cusp of the school holidays - as Jade's ex partner Jeff Brazier prepares to marry Kate Dwyer in a matter of weeks. Bobby, 15, who has almost 10,000 Instagram followers, posted the picture with the caption: "excited." The image has also sparked rumours the teenager may have signed up to a modelling agency in the months before he turns 16. Bobby tagged a talent scout in the snap, the Daily Mirror reports. And the fusica tinted snap certainly gained a lot of attention on Instagram with some followers thinking Bobby may be venturing into the modelling industry. Bobby was just five years old when brave mum Jade passed away from cervical cancer in 2009. Dad Jeff, who now works as a grief counsellor, has become a spokesman for dealing with bereavement in children. (Image: Sunday Mirror) He previously said: "The big challenge for me was not taking it personally – I didn’t realise when she died that it would get so personal and they would literally tear me apart at times," he told the Daily Mail . "Not meaning to necessarily hurt me but in a way of showing me that that’s how they feel." He added: "I had to get my head around it all along the way that that would be coming at my direction – that’s the uglier side of parenting bereaved children." Jeff is about to marry his girlfriend Kate Dywer and explained that she's been a great step-mum to the boys. "In one respect it's just a title, it’s not going to stop her from being the way she is with the boys, but also I think crucially for Kate that sense of responsibility seems to get the best out of her," he said. His two sons will be best men at the eagerly-anticipated nuptials. He added: "I love seeing the way she is with my children. It brings me immense amounts of pleasure – I feel like I’ve done well for them. "It’s not just about putting the right person in my life for the long term, it’s putting the right female influence in theirs too and it feels really good on both levels."	cc/2021-04/en_head_0017.json.gz/line957
__label__wiki	0.996533	0.996533	Holman primed for his first taste of finals footy UNKNOWN TERRITORY: Brett Holman gets his first taste of finals football in Brisbane Roar's playoff game this week. ALBERT PEREZ by Phil Dillon, News Regional Media 17th Apr 2017 4:45 PM FOOTBALL: For Brett Holman this Friday's finals clash with Western Sydney Wanderers is a step into the unknown, but after finding some goalscoring form at the right time the veteran is looking forward to it. Unusual for an Australian, Holman, 33, has never played finals football. Having played most of his career club career in Europe, Holman said he did not know what to expect when Brisbane Roar takes on the Wanderers at Suncorp Stadium. "I am not sure. I have never played finals football before,” he said when asked what how he thought taking part in the playoffs would turn out. "It's a little bit different for me definitely. "It's an Australian tradition. Everbody knows that I will be just happy to be out on the pitch. "I followed the A-League when I was overseas and I am glad to be a part of it.” Holman scored two tremendous goals as the Roar came from 3-1 down to defeat Wellington Phoenix 4-3 in the final game of the home-and-away season. While there was little riding on that game, the former Socceroo said it was important for both the team and himself to be in good form going into the playoffs. "It's going to be a different game (against Wanderers),” Holman said. "It's a finals game. It's a one-off and there's a lot more pressure. "The temperature in terms of the heat of the game is going to be a lot hotter.” Jamie Maclaren has been in good scoring form for the Roar but Holman said it was important that the likes of himself and the attacking players in the team took the pressure off his teammate. "I am in that sort of role where you have to provide goals,” he said. "Obviously the last game worked well for me but if you are in that attacking third you have to score goals and create them. "That's my job and hopefully I can continue to do that.” Holman said there was plenty of team spirit in the Roar camp and that should carry the team through against the Wanderers in a repeat of last season's major semi-final which the Roar lost 5-4. "I am young in the team as I have only been here eight months,” he said. "But there is some sort of chemistry in the dressing room that you can't really describe,” he said. "I think you saw that against the Phoenix. We were 3-1 down at half-time and no one needed to say much. They knew what was wrong and were able to fix it. "Hopefully that can carry us through on Friday.” Roar ready to hand payback to Wanderers in finals Roar urged to send Thomas Broich out as a winner	cc/2021-04/en_head_0017.json.gz/line959
__label__cc	0.561242	0.438758	Seahawks star hopes to have all the answers FEW WORDS: Running back Marshawn Lynch of the Seattle Seahawks arrives at a Super Bowl XLIX media conference at the Arizona Grand Hotel in Chandler, Arizona. Christian Petersengetty IMAGES 2nd Feb 2015 6:00 AM SEATTLE running back Marshawn Lynch plans to let his football do the talking when the Seahawks take on the New England Patriots in today's Super Bowl XLIX in Phoenix. Lynch attended two media days last week and answered every question from journalists with just two responses: "I'm just here so I don't get fined", and "You know why I'm here". The Seahawks star has had all the answers on the field, however. Since 2011, Lynch has racked up 6039 rushing yards and 55 rushing touchdowns, the most in the NFL. Throw in wide receivers Doug Baldwin and Jermaine Kearse - who caught a 35-yard pass from quarterback Russell Wilson in overtime to get Seattle home 28-22 against Green Bay in the NFC Championship - and the Patriots's defence will have its work cut out. Co-incidentally, a victory today will see the Seahawks become the first team since New England in 2005 to claim back-to-back Super Bowl victories. The Patriots are trying to become just the sixth team to win four titles, and their hopes will rest largely on the arm of 37-year-old playmaker Tom Brady who is in his sixth Super Bowl. Brady brilliance keeps Patriots on right track Anthony Alford plays hardball with his sporting future 2014 REVIEW: Euphoria as droughts broke across the code new england patriots seattle seahawks	cc/2021-04/en_head_0017.json.gz/line960
__label__wiki	0.971631	0.971631	Mortgage warfare New entrants stun apartment financing leaders Heike Wipperfurth A banking backwater long known for its steady profits and gentlemanly competition among a handful of small institutions-the market to finance the city's thousands of apartment buildings-is in turmoil. A powerful funding link between Independence Bancorp and the Federal Home Loan Bank board and the recent arrival of Washington Mutual, the nation's largest mortgage lender, have sent both loan prices and fees plummeting. In the process, sharply falling profit margins threaten to force a shakeout in this market, which annually generates $10 billion in loan volume. "I think at the moment, every lender is trying to book as much business as it can," says Howard Zuckerman, chairman of Brooklyn-based mortgage broker Meridian Capital Group. To do that, the newcomers are laying siege to the longtime customers of the market's old guard, players such as New York Community Bank, Dime Community Bancshares and North Fork Bancorp. It is a battle that began two years ago, when Brooklyn-based Independence quietly struck a deal with Fannie Mae. Under the arrangement, Independence originates multifamily building loans and sells them to Fannie Mae for a fee. As the only thrift in New York at the time with such a powerful funding deal in its pocket, Independence seized its opportunity, cutting interest rates and ballooning its lending volume. "It's been the golden age for apartment house owners, and Fannie Mae has allowed us to take advantage of that," says Alan Fishman, Independence's president. "It gives us the ability to price more aggressively." Already, some veteran players worry about the pressure the fierce competition is putting on their profit margins. "I think they are going to test our ability to compete," says Michael Devine, president of Dime Community Bancshares. "It does place a burden on us to find ways to remain profitable." At this point, no one is pushing harder than Seattle-based WaMu, the nation's largest thrift, and new owner of the former Dime Bancorp. WaMu, which also has a funding deal with Fannie Mae, has set its sights on grabbing 20% of the market. It plans to hire more than 50 professionals to achieve its goal. "We are in a big growth mode," says Edward Ely, a senior vice president in WaMu's multifamily lending department. Just last month, WaMu made a big splash in the market, taking 150 mortgage brokers out on a chartered yacht for a dinner cruise in New York Harbor. The firm has also invested in new, aggressively priced products such as Smart Choice Mortgage. With an interest rate that's slightly less than 4% for the first year. Foot in the door In addition, WaMu has also pruned the fee that borrowers have to pay if they want to get out of a mortgage early to refinance. The thrift charges 1% of the principal for prepayment, and will waive the fee entirely if borrowers switch to another one of its products. That's a huge difference from rivals' prepayment penalties, which can be as much as 5%. Other lenders, including Long Island-based North Fork Bank, have quickly responded. North Fork, itself in the midst of an aggressive expansion in Manhattan, mailed an unusual offer to brokers last month. If the owners of luxury buildings deposit their assets into the bank, they will get quite a treat: a 10-year mortgage at an interest rate of 4% for the first two years. After that, the rate steps up one percentage point every two years. Another selling point is the unusually low 1% penalty North Fork will charge for prepayments. "It's a very unusual product that's meant to bring in the big, big relationships," says George Klett, executive vice president at North Fork. "We want the people who own lots of properties and are willing to make a commitment to North Fork Bank." Not everyone thinks that those aggressive offers are the way to go. Among the holdouts is Joe Ficalora, the president of New York Community Bank, who says that each deal is negotiated individually. "We are not competing with WaMu on multifamily loans," he says. "The marketplace is huge, and they are not lending on the same properties." Still, he has made sure that NYCB's products, while not price leaders, at least stay competitive. Brokers say that just last month, NYCB introduced a 10-year mortgage at 5.625% for the first five years. From there, it jumps to a rate of 6.25% for the next five years. More for less Clearly, there's a downside to the frenzy. As thrifts replace higher-yielding loans with less profitable ones, their earnings are likely to drop. In addition, the white-hot market atmosphere raises the risk of a slip in loan quality that could show up months from now in the form of a wave of loan defaults, such as those that rocked the industry in the last recession. In the meantime, though, the men and women who own the city's $300 billion worth of apartment buildings have never had it so good. "The owners are flooded with so many different loan programs, so many different choices, that they feel more cocky than they ever have," says Paul Greenbaum, a managing member of mortgage broker GCP Capital Group. "There are just endless opportunities and choices for them." Sponsored Content: Crain’s Health Pulse Webcast:Health care’s gender divide: How the pandemic has hit women harder	cc/2021-04/en_head_0017.json.gz/line962
__label__cc	0.557648	0.442352	Mempro™ Peptidase MA Production Using Virus-Like Particles Creative Biostructure can provide unmatched custom Mempro™ peptidase MA production services based on virus-like particles system. Up to now, over fifty metallopeptidase families have been identified. Depending on the number of metal ions required for the catalysis, metallopeptidases can be divided into two classes: one class recruits only one metal ion for catalysis, while the other class, termed peptidase MA, needs to coordinate two metal ions. Peptidase MA superfamily belongs to a group of metallopeptidases that are hydrolases, of which the enzymatic mechanism is a divalent cation (usually zinc but may be cobalt, manganese or copper) activating the water molecule through the nucleophilic attack on a peptide bond. Peptidase MA is one of the two zinc-dependent metallopeptidases, containing the HEXXH motif with the two His residues as zinc ligands. Figure 1. The schematic structure of Leucyl-cystinyl aminopeptidase. (OPM Database) Virus-like particles (VLPs) can mimic the native virus, however, which are non-infectious due to lack of any viral genetic materials. It has been well known that VLPs are self-assembled multiprotein structures. VLPs can be obtained from the Hepatitis B virus and are composed of the small HBV derived surface antigen (HBsAg). Recently, virus-like particles carrying conformationally-complex membrane proteins (termed lipoparticles) have been applied for integral membrane protein production. Lipoparticles can incorporate a wide range of structurally intact membrane proteins, including G protein-coupled receptors (GPCRs), ion channels. Creative Biostructure provides high-yield peptidase MA in the stable, highly purified and native-conformation state. Lipoparticles can be produced from bacterial cells, yeast cells, insect cells, plant cells and mammalian cells for peptidase MA production. Escherichia coli (E. coli) strains and insect cells are the most commonly used systems for VLPs production. Mammalian cells are also widely used for VLPs production with the target to construct vaccine candidates and gene therapy agents. For instance, we can obtain lipoparticles from mammalian cells by co-expressing the retroviral structural core polyprotein, Gag, along with a desired membrane protein. Gag core proteins self-assemble at the plasma membrane, where they bud off and capture target membrane proteins. Since the peptidase MA superfamily proteins within lipoparticles are derived directly from the cell surface without mechanical disruption or detergents, the native structure and orientation of membrane proteins are retained. Creative Biostructure can also provide other various Mempro™ membrane protein production services. Please feel free to contact us for a detailed quote. A. Roldão, et al. (2010). Virus-like particles in vaccine development. Expert Rev. Vaccines, 9(10): 1149-1176. M. Gaczynska, et al. (1994). Peptidase activities of proteasomes are differentially regulated by the major histocompatibility complex-encoded genes for LMP2 and LMP7. Proc. Nat. Acad. Sci. U. S. A., 91(20): 9213-9217. S. Willis, et al. (2008). Virus-like particles as quantitative probes of membrane protein interactions. Biochemistry, 47(27): 6988-6890. Mempro™ Cell-Based Peptidase MA Production Mempro™ Cell-Free Peptidase MA Production Mempro™ Detergent-Free Peptidase MA Production	cc/2021-04/en_head_0017.json.gz/line964
__label__wiki	0.880518	0.880518	Marinobacter AquaSymbio The US Military Is Genetically Engineering New Life Forms To Detect Enemy Subs The Pentagon is also looking at living camouflage, self-healing paint, and a variety of other applications of engineered organisms, but the basic science remains a challenge. By Patrick Tucker Technology Editor How do you detect submarines in an expanse as large as the ocean? The U.S. military hopes that common marine microorganisms might be genetically engineered into living tripwires to signal the passage of enemy subs, underwater vessels, or even divers. It’s one of many potential military applications for so-called engineered organisms, a field that promises living camouflage that reacts to its surroundings to better avoid detection, new drugs and medicines to help deployed forces survive in harsh conditions, and more. But the research is in its very early stages, military officials said. The Naval Research Laboratory, or NRL, is supporting the research. Here’s how it would work: You take an abundant sea organism, like Marinobacter, and change its genetic makeup to react to certain substances left by enemy vessels, divers, or equipment. These could be metals, fuel exhaust, human DNA, or some molecule that’s not found naturally in the ocean but is associated with, say, diesel-powered submarines. The reaction could take the form of electron loss, which could be detectable to friendly sub drones. “In an engineered context, we might take the ability of the microbes to give up electrons, then use [those electrons] to talk to something like an autonomous vehicle. Then you can start imagining that you can create an electrical signal when the bacteria encounters some molecule in their environment,” NRL researcher Sarah Glaven said at a November event put on by the Johns Hopkins University’s Applied Physics Lab. Related: China Has More Nuclear Subs Than the West Believed Related: Russia Has Started to Train Its Entire Military to Fight Drones Related: The US Military’s Drone Swarm Strategy Just Passed a Key Test Glaven believes the research is about a year away from providing concrete evidence that she can engineer reactions in abundant marine life forms that could prove useful for the military. Sub-hunting, in particular, is “what we would like it to be applicable for,” she said. “The reason we think we can accomplish this is because we have this vast database of info we’ve collected from growing these natural systems. So after experiments where we look at switching gene potential, gene expression, regulatory networks, we are finding these sensors,” said Glaven. Geneticists have already shown that it’s possible to manipulate the genes of E. coli bacteria to exhibit all sorts of properties that might be useful for sub sensing. But, in synthetic biology, E.coli are similar to lab mice in conventional medical research: they’re abundant, cheap, and easy to work with, but their real-world relevance is limited. What works in E. coli, or in lab mice, doesn’t always work in other organisms and you just don’t find them in the sorts of places you would want to detect submarines. There’s currently a $45 million effort across the Army, Navy and Air Force, dubbed the Applied Research for the Advancement of Science and Technology Priorities Program on Synthetic Biology for Military Environments, aimed at giving researchers the tools they need to engineer genetic responses into organisms that would be useful for the military. U.S. Army researchers are focused on getting synthetic organisms out of the lab and into the field, that also means getting useful, new reactions out of abundant organisms and finding new nanoscale (one billionth of a meter in size) techniques to engineer those molecular reactions. “We want to move synthetic biology from the laboratory to the field. That's a big thrust of ours and so there's a lot of tool development in order to do that,” said Dimitra Stratis-Cullum, who leads the biomaterials team at the U.S. Army Research Laboratory. “If you want to move a biological bio-based sensor to the field you try to ruggedize those organisms. You try to protect them. You try to encapsulate them. You try to basically increase their longevity in these harsh environments. So if you had, for example, embedded in a uniform a sensor that detects a hazard that's a bio-based sensor. And perhaps it also causes more than one color change depending on the complex input. So there's more than one function. Or it would sense and alert you and also [decontaminate] a material for example. It's very difficult now to do that with the organisms that have some bio tools in them now,” like E. coli. Her near-term focus is “using biology to do and accelerate the nano-science in traditional coatings that exist now.” The hope is that soldiers will one day be able to produce or print new coatings in the field to conceal equipment in the open. “We're looking to build next-generation coatings where we can dovetail into additive manufacturing [essentially 3D printing] and other more point-of-need production technologies.” Those could be useful to “control and minimize detection of our materials or of our assets,” she said. Back to the November JHU event, where U.S. Chief of Naval Operations Adm. John Richardson said the United States, and the Navy in particular, is investing heavily in synthetic biology to better compete with China, an emerging synthetic-biotechnology powerhouse. “We’ve taken a look at this in terms of its implications in terms of the operating environment. … biotechnology as a form of sensing, whether that be algae, or any number [of other organisms.] The ability to detect DNA as its left behind in the water column, advanced sensors on the beach heads,” he said. “We recently stood up Task Force Ocean, which is about getting us back into a competitive stance in terms of ocean science.” NEXT STORY: Marines Turn to Artificial Intelligence to Better Deploy Troops	cc/2021-04/en_head_0017.json.gz/line965
__label__wiki	0.525025	0.525025	Speech of His Holiness the Dalai Lama to the European Parliament, Strasbourg Madame Speaker, Honourable Members of the Parliament, ladies and gentlemen. It is a great honour for me to address the European Parliament. I believe the European Union is an inspiring example for a cooperative and peaceful co-existence among different nations and peoples and deeply inspiring for people like myself who strongly believe in the need for better understanding, closer cooperation, and greater respect among the various nations of the world. I thank you for this kind invitation. I consider it as an encouraging gesture of genuine sympathy and concern for the tragic fate of the Tibetan people. I speak to you today as a simple Buddhist monk, educated and trained in our ancient traditional way. I am not an expert in political science. However, my life-long study and practice of Buddhism and my responsibility and involvement in the non-violent freedom struggle of the Tibetan people have given me some experiences and thoughts that I would like to share with you. It is evident that the human community has reached a critical juncture in its history. Today’s world requires us to accept the oneness of humanity. In the past, communities could afford to think of one another as fundamentally separate. But today, as we learn from the recent tragic events in the United States, whatever happens in one region eventually affects many other areas. The world is becoming increasingly interdependent. Within the context of this new interdependence, self-interest clearly lies in considering the interest of others. Without the cultivation and promotion of a sense of universal responsibility our very future is in danger. I strongly believe that we must consciously develop a greater sense of universal responsibility. We must learn to work not just for our own individual self, family or nation, but for the benefit of all mankind. Universal responsibility is the best foundation both for our personal happiness and for world peace, the equitable use of our natural resources, and, through a concern for future generations, the proper care for the environment. Many of the world´s problems and conflicts arise because we have lost sight of the basic humanity that binds us all together as a human family. We tend to forget that despite the diversity of race, religion, culture, language, ideology and so forth, people are equal in their basic desire for peace and happiness: we all want happiness and do not want suffering. We strive to fulfill these desires as best we can. However, as much as we praise diversity in theory, unfortunately often we fail to respect it in practice. In fact, our inability to embrace diversity becomes a major source of conflict among peoples. A particularly sad fact of human history is that conflicts have arisen in the name of religion. Even today, individuals are killed, their communities destroyed and societies destabilized as a result of misuse of religion and encouragement of religious bigotry and hatred. According to my personal experience the best way to overcome obstructions to inter-religious harmony and to bring about understanding is through dialogue with members of other faith traditions. This I see occurring in a number of different ways. In my own case, for example, my meetings with the late Thomas Merton, a Trappist monk, in the late 60s, were deeply inspiring. They helped me develop a profound admiration for the teachings of Christianity. I also feel that meetings amongst different religious leaders and joining together to pray from a common platform are extremely powerful, as was the case in 1986 during the gathering at Assisi in Italy. The recent United Nations Millennium World Peace Summit of Religious and Spiritual Leaders held last year was also a laudable step. However, there is a need for more of these initiatives on a regular basis. On my part, to show my respect for other religious traditions I went on pilgrimage to Jerusalem a site holy to three of the world’s great religions. I have paid visits to various Hindu, Islamic, Christian, Jain and Sikh shrines both in India and abroad. During the past three decades I have met with many religious leaders of different traditions and have discussed harmony and inter-religious understanding. When exchanges like these occur, followers of one tradition will find that, just as in the case of their own, the teachings of other faiths are a source of both spiritual inspiration and as well as ethical guidance to their followers. It will also become clear that irrespective of doctrinal and other differences, all the major world religions help to transform individuals to become good human beings. All emphasize love, compassion, patience, tolerance, forgiveness, humility, self-discipline and so on. We must therefore embrace the concept of plurality in the field of religion, too. In the context of our newly emerging global community all forms of violence, including war, are totally inappropriate means of settling disputes. Violence and war have always been part of human history, and in ancient times there were winners and losers. However, there would be no winners at all if another global conflict were to occur today. We must, therefore, have the courage and vision to call for a world without nuclear weapons and national armies in the long run. Especially, in the light of the terrible attacks in the United States the international community must make a sincere attempt to use the horrible and shocking experience to develop a sense of global responsibility, where a culture of dialogue and non-violence is used in resolving differences. Dialogue is the only sensible and intelligent way of resolving differences and clashes of interests, whether between individuals or nations. The promotion of a culture of dialogue and non-violence for the future of mankind is a compelling task of the international community. It is not enough for governments to endorse the principle of non-violence without any appropriate action to support and promote it. If non-violence is to prevail, non-violent movements must be made effective and successful. Some consider the 20th century a century of war and bloodshed. I believe the challenge before us is to make the new century one of dialogue and non-violence. Furthermore, in dealing with conflicts too often we lack proper judgment and courage. We fail to pay adequate attention to situations of potential conflict when they are at an early stage of development. Once all the circumstances have progressed to a state where emotions of the people or communities involved in disputes have become fully charged, it is extremely difficult, if not impossible, to prevent a dangerous situation from exploding. We see this tragic situation repeated time and again. So we must learn to detect early signs of conflict and have the courage to address the problem before it reaches its boiling point. I remain convinced that most human conflicts can be solved through genuine dialogue conducted with a spirit of openness and reconciliation. I have therefore consistently sought a resolution of the issue of Tibet through non-violence and dialogue. Right from the beginning of the invasion of Tibet, I tried to work with the Chinese authorities to arrive at a mutually acceptable, peaceful co-existence. Even when the so-called Seventeen Point Agreement for the Peaceful Liberation of Tibet was forced upon us I tried to work with the Chinese authorities. After all, by that agreement the Chinese government recognized the distinctiveness and the autonomy of Tibet and pledged not to impose their system on Tibet against our wishes. However, in breach of this agreement, the Chinese authorities forced upon Tibetans their rigid and alien ideology and showed scant respect for the unique culture, religion and way of life of the Tibetan people. In desperation the Tibetan people rose up against the Chinese. In the end in 1959 I had to escape from Tibet so that I could continue to serve the people of Tibet. During the past more than four decades since my escape, Tibet has been under the complete control of the Government of the People´s Republic of China. The immense destruction and human suffering inflicted on the people of Tibet are today well known and I do not wish to dwell on these sad and painful events. The late Panchen Lama’s 70,000-character petition to the Chinese government serves as a telling historical document on China’s draconian policies and actions in Tibet. Tibet today continues to be an occupied country, oppressed by force and scarred by suffering. Despite some development and economic progress, Tibet continues to face fundamental problems of survival. Serious violations of human rights are widespread throughout Tibet and are often the result of policies of racial and cultural discrimination. Yet they are only the symptoms and consequences of a deeper problem. The Chinese authorities view Tibet’s distinct culture and religion as the source of threat of separation. Hence as a result of deliberate policies an entire people with its unique culture and identity are facing the threat of extinction. I have led the Tibetan freedom struggle on a path of non-violence and have consistently sought a mutually agreeable solution of the Tibetan issue through negotiations in a spirit of reconciliation and compromise with China. With this spirit in 1988 here in Strasbourg at this Parliament I presented a formal proposal for negotiations, which we hoped would serve as a basis for resolving the issue of Tibet. I had chosen consciously the European Parliament as a venue to present my thoughts for a framework for negotiations in order to underline the point that a genuine union can only come about voluntarily when there are satisfactory benefits to all the parties concerned. The European Union is a clear and inspiring example of this. On the other hand, even one country or community can break into two or more entities when there is a lack of trust and benefit, and when force is used as the principal means of rule. My proposal which later became known as the “Middle Way Approach” or the “Strasbourg Proposal” envisages that Tibet enjoy genuine autonomy within the framework of the People’s Republic of China. However, not the autonomy on paper imposed on us 50 years ago in the 17-Point Agreement, but a true self-governing, genuinely autonomous Tibet, with Tibetans fully responsible for their own domestic affairs, including the education of their children, religious matters, cultural affairs, the care of their delicate and precious environment, and the local economy. Beijing would continue to be responsible for the conduct of foreign and defense affairs. This solution would greatly enhance the international image of China and contribute to her stability and unity - the two topmost priorities of Beijing - while at the same time the Tibetans would be ensured of the basic rights and freedoms to preserve their own civilization and to protect the delicate environment of the Tibetan plateau. Since then our relation with the Chinese government has taken many twists and turns. Unfortunately, I must sadly inform you that a lack of political will on the part of the Chinese leadership to address the issue of Tibet in a serious manner has failed to produce any progress. My initiatives and overtures over the years to engage the Chinese leadership in a dialogue remain unreciprocated. Last September, I communicated through the Chinese Embassy in New Delhi our wish to send a delegation to Beijing to deliver a detailed memorandum outlining my thinking on the issue of Tibet and to explain and discuss the points raised in the memorandum. I conveyed that through face-to-face meetings we would succeed in clarifying misunderstandings and overcoming distrust. I expressed the strong belief that once this is achieved then a mutually acceptable solution of the problem can be found without much difficulty. But the Chinese government is refusing to accept my delegation till today. It is obvious that Beijing’s attitude has hardened significantly compared to the eighties when six Tibetan delegations from exile were accepted. Whatever explanations Beijing may give concerning communications between the Chinese government and myself I must state here clearly that the Chinese government is refusing to talk to representatives I have designated for the task. The failure of the Chinese leadership to respond positively to my Middle Way Approach reaffirms the Tibetan people’s suspicion that the Chinese government has no interest whatsoever in any kind of peaceful co-existence. Many Tibetans believe that China is bent on complete forceful assimilation and absorption of Tibet into China. They call for the independence of Tibet and criticise my “Middle Way Approach”. Others are advocating a referendum in Tibet. They argue if conditions inside Tibet are as the Chinese authorities portray it to be and if the Tibetans are truly happy, then there should be no difficulty holding a plebiscite in Tibet. I have also always maintained that ultimately the Tibetan people must be able to decide about the future of Tibet as Pandit Jawaharlal Nehru, the first Prime Minister of India, stated in the Indian Parliament on December 7. 1950: “…the last voice in regard to Tibet should be the voice of the people of Tibet and nobody else.” While I firmly reject the use of violence as a means in our freedom struggle we certainly have the right to explore all other political options available to us. I am a staunch believer in freedom and democracy and have therefore been encouraging the Tibetans in exile to follow the democratic process. Today, the Tibetan refugees may be among the few communities in exile that have established all the three pillars of democracy: legislature, judiciary and executive. This year we have taken another big stride in the process of democratisation by having the chairman of the Tibetan Cabinet elected by popular vote. The elected chairman of the Cabinet and the elected parliament will shoulder the responsibility of running the Tibetan affairs as the legitimate representatives of the people. However, I do consider it my moral obligation to the six million Tibetans to continue taking up the Tibetan issue with the Chinese leadership and to act as the free spokesman of the Tibetan people until a solution is reached. In the absence of any positive response from the Chinese government to my overtures over the years, I am left with no alternative but to appeal to the members of the international community. It is clear now that only increased, concerted and consistent international efforts will persuade Beijing to change its policy on Tibet. Although the immediate reactions from the Chinese side will be most probably negative, nevertheless, I strongly believe that expressions of international concern and support are essential for creating an environment conducive for the peaceful resolution of the Tibetan problem. On my part, I remain committed to the process of dialogue. It is my firm belief that dialogue and a willingness to look with honesty and clarity at the reality of Tibet can lead us to a mutually beneficial solution that will contribute to the stability and unity of the People’s Republic of China and secure the right for the Tibetan people to live in freedom, peace and dignity. Madam Speaker, honourable members of the Parliament, brothers and sisters of the European Parliament, I consider myself as the free spokesman for my captive countrymen and women. It is my duty to speak on their behalf. I speak not with a feeling of anger or hatred towards those who are responsible for the immense suffering of our people and the destruction of our land, homes, temples, monasteries and culture. They too are human beings who struggle to find happiness, and deserve our compassion. I speak to inform you of the sad situation in my country today and of the aspirations of my people, because in our struggle for freedom, truth is the only weapon we possess. Today, our people, our distinct rich cultural heritage and our national identity are facing the threat of extinction. We need your support to survive as a people and as a culture. When one looks at the situation inside Tibet it seems almost hopeless in the face of increasing repression, continuing environmental destruction, and the ongoing systematic undermining of the culture and identity of Tibet. Yet I believe that no matter how big and powerful China may be she is still part of the world. The global trend today is towards more openness, freedom, democracy and respect for human rights. Sooner or later China will have to follow the world trend and in the long run there is no way that China can escape from truth, justice and freedom. Since the Tibetan issue is closely related with what is happening in China, I believe there is reason and ground for hope. The consistent and principled engagement of the European Parliament with China will accelerate this process of change that is already taken place in China. I would like to thank the European Parliament for the consistent display of concern and support for the non-violent Tibetan freedom struggle. Your sympathy and support have always been a deep source of inspiration and encouragement to the Tibetan people both inside and outside Tibet. The numerous resolutions of the European Parliament on the issue of Tibet helped greatly to highlight the plight of the Tibetan people and raise the awareness of the public and governments in Europe and around the world of the issue of Tibet. I am especially encouraged by the European Parliament’s resolution calling for the appointment of an EU special representative for Tibet. I strongly believe that the implementation of this resolution will enable the European Union not only to help promote a peaceful resolution of the Tibetan issue through negotiations in a more consistent, effective and creative way but also provide support for other legitimate needs of the Tibetan people, including ways and means to preserve our distinct identity. This initiative will also send a strong signal to Beijing that the European Union is serious in encouraging and promoting a solution of the Tibetan problem. I have no doubt that your continued expressions of concern and support for Tibet will in the long run impact positively and help create the conducive political environment for a constructive dialogue on the issue of Tibet. I ask for your continued support in this critical time in our country’s history. I thank you for providing me the opportunity to share my thoughts with you. Fourth International TSG (Tibet Support Group) Conference, Prague Strasbourg Proposal 1988 Five Point Peace Plan An Appeal to the Chinese People Statement of His Holiness the Dalai Lama to all Tibetans An Appeal To All Chinese Spiritual Brothers And Sisters His Holiness's Middle Way Approach For Resolving the Issue of Tibet 10th March Statements Archive	cc/2021-04/en_head_0017.json.gz/line967
__label__wiki	0.677873	0.677873	HBO’s Girls Premiered North Fork Episode on Sunday By SOTH Team Posted on February 17, 2014 The cast of HBO's Girls in Greenport. Photo: Jan Claudio Further setting them apart from the Hamptons regulars of Sex and the City, the twenty-something stars of HBO’s Girls made their first onscreen trip to the North Fork on Sunday night—and they had no trouble explaining the difference between the Twin Forks. The North Fork, as Marnie explains, is “for people who think the Hamptons are tacky and don’t want to be on a beach that’s near a J.Crew.” Sunday’s episode, “Beach House” (Season 3, Episode 7), takes the show’s four stars—Hannah (Lena Dunham), Marnie (Allison Williams), Shosanna (Zosia Mamet) and Jessa (Jemima Kirke)—to the North Fork home of Marnie’s mother’s friend, where the group is supposed to spend a “healing” weekend together, but things don’t go exactly as planned. Though much of the episode was filmed in East Marion (maybe the beach and/or house scenes?) last June, the cast and crew also shot scenes in Greenport Village at that time. As the girls’ weekend commences, first at the beach and then in Greenport, a bikini-clad Hannah bumps into her gay ex-boyfriend and estranged pal Elijah (Andrew Scott Rannells), and invites him and his (mostly shirtless) friends to the house for drinks and, later, dinner—much to Marnie’s chagrin. The group gets drunk on wine (hopefully local) and Elijah’s boyfriend Pal’s impromptu drink, the “North Fork Fizz,” and then choreograph and perform an elaborate dance routine. Frustrated that Hannah’s invited to Elijah and “the cast of Magic Mike” over for dinner, instead of allowing the girls to bond and heal, Marnie eventually explodes and all four girls begin trading barbs, insults and way too much honesty for their strained friendships. But as the episode concludes, waiting for the bus in Greenport the next morning, it seems things may not be so bad between the girls after all. Perhaps the previous night’s purge was exactly what they needed. And what exactly is this North Fork Fizz that got everyone so honest in the first place? Where can we get one?	cc/2021-04/en_head_0017.json.gz/line968
__label__wiki	0.918178	0.918178	Hong Kong protests have unnerved ruling Chinese Communist Party DemDigest July 23, 2019 July 23, 2019 Hong Kong’s pro-democracy protests have unnerved the ruling Chinese Communist Party as it prepares to hold its an annual political retreat and as President Xi Jinping pushing high-tech security measures, in line with “modernizing governance” as the “fifth modernization” after industry, agriculture, defense, and science and technology, RFA reports: Independent journalist Gao Yu said the choice of words was deeply ironic, given that dissident Wei Jingsheng served a lengthy jail term for proposing democracy as the “fifth modernization” in 1979. She said the aim of Xi’s high-tech governance and institutional reform policy is purely to ensure that the Communist Party maintains its grip on power, and that this has been made explicit by top party ideologue Wang Huning. “Huning has said that the purpose of government reforms is to protect the central party leadership with Xi at the core,” Gao said. “Not only is the Chinese Communist Party not promoting democracy; it is making a major turn in the opposite direction.” Hong Kong’s people have shown their backbone, the Wilson Center’s Michael C. Davis told NPR’s Ari Shapiro. I taught in Hong Kong for over 30 years. .. I was a member of the Article 23 Concern Group. We led protests more than a decade ago over national security laws, and there we had a half-million protesters, but this protest now has exceeded that. Up until now, that was the largest protest after the handover in Hong Kong, said Davis, a former NED Reagan Fascell fellow: So what’s really interesting to me, though, is that Hong Kong people have shown their backbone – that if the government of Hong Kong is not willing to defend Hong Kong’s autonomy, it seems the people of Hong Kong are. And now what will Beijing do? Will it crack down on Hong Kong, or will it recognize the error of its ways? Well, stay tuned. But so far, it’s shown no inclination to listen to the concerns that Hong Kong people have raised. China’s state media aired images from the aftermath of Hong Kong’s latest antigovernment protests, a change in tack that appears aimed at fanning public anger against the demonstrations, as Beijing signaled support for a stronger crackdown by authorities in the city, The Wall Street Journal reports (HT:FDD). The Communist authorities accused U.S. officials of being behind the protests and advised them to remove their “black hands” from the territory, Reuters adds. Asia, Authoritarianism, China, Civil Society, Communist regimes, Democracy Assistance and Promotion, democratic resilience, Hong Kong, Human rights Michael Davis, Reagan-Fascell Democracy Fellow, Reagan-Fascell fellow Michael C. Davis, The Fifth Modernization, Wang Huning, Wei Jingsheng Ukraine: potential for change – or will vested interests divert reform? Russia’s civil society aims to prevent Putinism after Putin	cc/2021-04/en_head_0017.json.gz/line975
__label__cc	0.569184	0.430816	Geeks Vs Loneliness: coping with shyness A few words for those who struggle with shyness, and some tips to move forward. By Paul Bullock \| September 8, 2017 \| When I was a kid, I used to wish I could shrink down so small that I could fit into a hole in one of the walls of the family home. Not even a mouse could squeeze its way into this hole it was so tiny, and the inside was dark, cold and filled with more bugs and beasties than an Indiana Jones film. It was hardly a nice place, but when I was scared – when I had to give a presentation, or work as part of a group, or speak to anyone I didn’t know – that cold, dark hole seemed like paradise. I was back then, and remain today, incredibly shy, and I find myself struggling to do things that most others seem to find easy. I’m too scared to make new friends. I shrink away from nights out. I can’t quite push myself out on a date, or join that interesting club, or say hi to that person wearing the T-shirt of a band I like. The dark hole is more appealing than ever as an adult, but also more perilous: it’s a black hole and the last thing you want is to get sucked into it. Shyness seems easy to understand because it’s regarded as pretty common. Most people are shy to some degree and so it’s seen as more of a personality trait than a serious affliction: she’s funny, he’s an optimist, this person’s a bit shy. I’m not trying to downplay the shyness we all feel, but the perception that shyness is a common thing has led to it being seen in the same way as learning to ride a bike. If you fall off, don’t get discouraged, just jump back on and try again. Sadly, that’s not the nature of the beast. Speaking from experience, I know that if a shy person fails when trying to push themselves out of their comfort zone, it’s not as simple as just trying again. The real difficulty for the shy person isn’t just the moment they’re feeling shy in; it’s the before and after. Preparing for something you know will make you feel shy is an agonising and exhausting process of rumination as you pick apart pressure points. The same is true of the aftermath, where you deconstruct everything you feel has gone wrong. It doesn’t matter if anything actually did. All that does matter is that you feel like it did. Like most anxiety disorders, shyness is a mismatch of perception and reality, but it does eventually come to colour your reality. It’s a self-fulfilling prophecy and a vicious circle rolled into one: by removing yourself from the positions you might feel shy in you become less able to deal with them and consequently, you feel more shy. At 33, I’ve let my shyness dominate my life for so long that it’s become my defining trait and cut me adrift from a lot of key experiences. I’ve never had a girlfriend, rarely go on nights out and struggle to verbally articulate myself. It’s why I write. Behind a keyboard, I feel much less panic-stricken than I do in person. All that sounds pretty depressing, but it’s not all that bad. I’ve got a good life and a small group of great friends. With help from them, I’m working on being more social, I just wish I’d done it a little sooner. So, if you’re in a similar position (especially if you’re younger than I am), try to do the same. It’s not easy, and I’m certainly not going to use the same cliches you’ve probably heard incalculable times already. But I will conclude this piece by offering some hints and tips. 1. Talk to someone Try to find someone a little more outgoing than you and who you’re comfortable with, and talk to them about your shyness. It really is true that everyone feels shy at some point or other, they’re just better at hiding it. An outgoing friend may have some advice on how to hide it, and even if they don’t, or that advice doesn’t quite work for you, they can act as a confidante and maybe even someone you can go on nights out with and creep out of your comfort zone alongside. 2. Accentuate the positives You’ve probably been told time and again not to think about any negatives you may have perceived about your performance in a social situation. I’m not going to say that because I know what you know: it’s hard to stop yourself. Instead, I’m going to suggest a different approach. Look back, but do so positively. For any negatives you perceive, try to think of a positive. Maybe weigh them up against each other, because I bet the positives outweigh the negatives. And don’t forget: the fact you put yourself in that situation at all is a positive in itself. 3. There is nothing wrong with you Being shy can make you feel like an outsider: you struggle to fit in and people’s genuine attempts to help make you feel like you’re an abnormality. But you’re not. It takes all kinds of people to make up the world. You have every right to be shy, you have every right to be quiet, you have every right to be you. Indeed, there are plenty of people out there who’ll love you for who you are. Finding them is harder when you’re shy, but the process begins not by feeling you need to change, but by learning how to deal with the situations you struggle with. It’s daunting, it’s scary and I can guarantee that you’ll want to climb into a small, dark hole at some point. But step by step it can be done. Thanks, as always, for reading… Tags: Geeks vs Loneliness Paul Bullock Read more from Paul Bullock More on Geeks vs Loneliness Geeks Vs Loneliness: pulling back from suicidal thoughts July 14, 2017 \| By Charlotte Harrison Bo Burnham on Eighth Grade and Why Adolescence is Forever July 24, 2018 \| By Matthew Schuchman Geeks Vs Loneliness: belonging October 6, 2017 \| By James Ellaby Joe Dante interview: The Hole, Gremins 3 and marketing Innerspace September 20, 2010 \| By Ryan Lambie	cc/2021-04/en_head_0017.json.gz/line977
__label__cc	0.534011	0.465989	Non-Skeptical Heretics, Take Twenty The IntersectionBy Chris MooneyJanuary 18, 2007 6:59 PM The HuffPost has an amusingly written blog entry by David Roberts, of Grist, over all the new-middle-in-the-climate-debate stuff. Roberts thinks I have allowed myself to be co-opted/duped by those wanting to construct a false equivalence between science abusers on different sides of the issue: Science journalist Chris Mooney has been researching a book on the connection between hurricanes and climate change. In the course of his research, he's come across a lot of people in the public press mischaracterizing the science, stating categorically that there is or isn't such a connection, when the scientific consensus is that it's just too soon to tell (PDF). This led him to write a post repudiating the dirty hippies and embracing the "non-skeptic heretic" label (with lots of fine-print hedging). Of course, Mooney didn't intend primarily to characterize global warming activists as hysterical dirty hippies. He was just trying to make the point that in this area, hurricanes, the science has been abused by everybody. He had his own reasons for playing off the dirty hippies. But of course, I was naive.... In the Boston Globe, Cathy Young -- a contributing editor at Reason magazine, funded by the libertarian Reason Foundation -- makes good use of Pielke Jr., Mooney, and Kleiman in a state-of-the-art piece of agit-prop....Mooney and Kleiman both adopt a tone of bemusement, as though Young has innocently misconstrued them. Are they really so naive? Young is following a right-wing script that dates back decades....Unlike Mooney and Kleiman, who got duped, Pielke Jr. knows exactly how the game is played..... And so forth. A couple of points here. One, I wrote a book called The Republican War on Science. If anyone can possibly think I'm an equivocator on the subject of who's worse when it comes to abusing science, then they're the clueless party. Not me. Given what I've said and said exhaustively about the right, I ought to be able to criticize the left once in a while without fear of being misunderstood. Second, Roberts has a serious point. It is this: Don't beat up on the environmental groups for minor transgressions, which don't really matter much, when we all know who the real climate bad guys are. Don't fall for the journalistic trope of bashing one's presumed buddies just to get attention. Don't be contrary just for the sake of being contrary. I myself have been making this argument for ages, so I'm very familiar with it and very supportive of it. However, there is still a place for constructive criticism of one's allies, especially on this issue, where I am convinced that misuses of science by "dirty hippies" give the other side ammo unnecessarily, and help the real climate bad guys succeed in framing the debate their way--as a battle over the science. Remind me again what's wrong with pointing this out? P.S.: Please be patient with me today about the posting of comments, I will be trying to fly back across the country and relying upon an air transportation system that is still going through various shocks as a result of the weather... P.P.S.: Cathy Young, whose article in the Boston Globe touched off a lot of this, has a follow up post about whether she wrongly enlisted me in her column...as far as I'm concerned, she and I are fine, there's no big issue here. I appreciate her noting my clarification.	cc/2021-04/en_head_0017.json.gz/line981
__label__cc	0.684969	0.315031	Vitaros cream for ED Posted on 4 July 2014 2 July 2019 by Dr Tony Steele - Dr Fox is a CQC & GPhC regulated service. A cream which treats erectile dysfunction (ED) is now available on prescription in the UK. The cream – called Vitaros – now gives hope to the 2.3 million men over 18 across the country who currently try to deal with the problem by taking a variety of other treatments, such as Viagra (sildenafil). Vitaros cream is available in a single-use, disposable applicator. A pre-prescribed amount is applied to the tip of the penis and, once absorbed, claims to yield an erection within five to 30 minutes. The cream, which contains the drug alprostadil, means that men in the UK are the first in the world to have access to this new form of treatment to combat their sexual dysfunction issues. Vitaros cream must be kept refrigerated and is unsuitable for mail order without specialist packaging to keep the medicine cooled. The risks of oral ED drugs Oral erectile dysfunction drugs are not suitable for people with angina or who have had a heart attack or stroke, and they can also cause a variety of other side effects including dizziness, blurred vision and headaches. Vitaros is a prescription only medicine and medical checks and advice are required before use. Men engaging in intercourse with women of childbearing age whilst using Vitaros should use condoms. This protects against possible vaginal irritation and against potential risks to pregnancies. 250 UK men who have been diagnosed with ED were recently surveyed – and 35% of them said they suffered side effects after taking a pill. Nevertheless, the majority of the remaining men persevered with the treatment so they could produce an erection. Experts have said that because Vitaros cream is applied directly to the genitals, such generalised side effects are unlikely, and any that are suffered will be mild and short-lived. A milestone in ED treatment Dr David Edwards, a GP in Chipping Norton, and President of the British Society for Sexual Medicine, said: The availability of Vitaros is an exciting milestone in erectile dysfunction treatment. Many men miss out on the chance of treatment because they either cannot tolerate a pill or simply do not want to take one, or are put off by the existing forms of Alprostadil, such as an injection into the penis or a pellet inserted into the urethra. The importance of finding the right treatment for the right person cannot be underestimated. Vitaros cream on prescription Vitaros cream is only available on prescription and is self-administered by the patient after instruction from a GP or healthcare professional. Vitaros is available in two dosage strengths of 200 and 300 mcg alprostadil in 100 mg of cream. Many of the current ED treatments, including Vitaros, are restricted on the NHS, meaning not all sufferers are eligible. Nevertheless, men who need ED treatment but fall outside the usual free NHS prescription guidelines may still be able to able to get private prescriptions for Vitaros. Further information can be found in the patient information leaflet supplied with Vitaros 3 mg/g cream. Other forms of aprostadil Caverjet from Pfizer is supplied as a syringe pre-filled with alprostadil which is injected directly into the side of the penis (how to use Caverjet). MUSE from MEDA is an alprostadil pellet inserted into the urethra (opening at tip of the penis) using an applicator (how to use MUSE). A surprising statistic It is estimated that most men between the ages of 40 and 70 have suffered from ED at some point, with more serious cases resulting in poor self-esteem, anxiety, depression, and relationship problems. The taboo nature of the subject was also highlighted in a recent UK study which revealed that over 80% of men who suffer from ED had problems for longer than a year before they actually sought any help. Recognising ED early on is important as it could be a precursor to more serious problems such as cardiovascular disease. Alternative erectile dysfunction treatments Erectile dysfunction: Simon's story Is erectile dysfunction a natural part of ageing? Posted on 4 July 2014 2 July 2019 by Dr Tony Steele in Erectile dysfunction, Viagra/sildenafil, Vitaros cream. Importance of annual pill checks	cc/2021-04/en_head_0017.json.gz/line984
__label__wiki	0.589602	0.589602	Books Published Asumah, S. N. & Marah, J. K. (2015) . Africana Studies: Beyond Race, Class & Culture, Dubuque, IA Kendall Hunt Asumah, S.N. & Nagel, M. (2014) Diversity, Social Justice, and Inclusive Excellence: Transdisciplinary and Global Perspectives, Albany, New York, SUNY Press Osha, S. & Asumah, S. N. (Guest Foreword) (2011). Postethnophilosophy Amsterdam, The Netherlands-New York, VIBS-Rodopi Nagel, M. & Asumah, S.N. (2007) Prisons and Punishment: Reconsidering Global Penality, Trenton, New Jersey: Africa World Press/The Red Sea Press Asumah, S. N. & Johnston-Anumonwo, I. (2002). Diversity, Multiculturalism, and Social Justice, Binghamton, N.Y: Global Publication, Binghamton University Press Asumah, S.N., Johnston-Anumonwo, I & Marah J.K. (Eds.) (2002) The Africana Human Condition and Global Dimensions, Binghamton, NY: Global Publications, Binghamton University Press Asumah, S. N. & Perkins, V. C. (2001). Educating the Black Child in the Black Independent School, Binghamton, NY: Global Publications, Binghamton University Press Asumah, S. N. & Johnston-Anumonwo, I. (Eds.) (2001). Issues in Africa and the African Diaspora in the 21st Century, Binghamton, NY: Global Publications, Binghamton University Press Asumah, S. N. & Johnston-Anumonwo, I. (1999). Issues in Multiculturalism: Cross- National Perspectives, 2nd Edition, NY: Whittier Publication, Inc. Asumah, S. N. & Johnston-Anumonwo, I. (1995). Issues in Multiculturalism: Cross- National Perspectives, NY: Whittier Publication, Inc.	cc/2021-04/en_head_0017.json.gz/line986
__label__wiki	0.933394	0.933394	Published: 23rd August 2020 IAS officer Santhosh Babu joins Officers’ Academy in Chennai as Chief Mentor after quitting TN Govt service Babu’s retirement despite having 8 years left in the field came as a shock to many including top political leaders Dr Santhosh Babu IAS officer Dr Santhosh Babu, well known in Chennai and Tamil Nadu for his work, has taken Voluntary Retirement and has decided to join Chennai’s Officers’ IAS Academy as a full-time teacher. Babu’s retirement despite having 8 years left in the field came as a shock to many including top political leaders. However, the Officers’ IAS Academy seems to be thrilled to have him in their faculty. Babu will be teaching Public Administration optional, in addition to General Studies topics such as E-Governance, Technology and other subjects. He will also be the Chief Mentor there. “In every single position he has held, he has made a difference and transformed the lives of people. He has initiated over 250 innovations and initiatives in his career. Very noteworthy are his contributions as the Principal Secretary IT, and earlier as Collector of Sivaganga and Krishnagiri. He is also a qualified Medical Doctor and has degrees from London School of Economics, Harvard University and NUS, Singapore to his credit. His extraordinary oratorical skills combined with his passion for teaching will help our students to achieve their dream of becoming Public Administrators,” the Academy said in a statement. The officer with over 25 years of experience has also received other recognitions like the Best Collector Award of the Government of Tamil Nadu for child labour eradication and was also given the “Pride of Tamil Nadu”. In 2017, Poompuhar won the National e-Governance Award and the Skoch Smart Governance Platinum Award under his leadership. The Rotary Club, Madras Metro also presented him with the “Changemaker” award. However, the officer says his top accomplishment is being mentioned by former President Dr APJ Abdul Kalam in his speech on ‘Committed Leadership’. It is widely speculated that the IAS officer opted to retire despite having 8 years of service left because he was unhappy with the pressure put on him to approve a tender for the Tamil Nadu Fiber Net Corporation of which he was the Managing Director. A month after a Rs 2000 crore BharatNet project was floated by TANFINET, Babu was allegedly shunted out of the Department of Information Technology. Subsequently, anti-corruption group, Arrapor Iyyakam came out with allegations that the tender only favoured some companies. After alerting the Centre to this issue, the government asked the state to cancel the tender and issue a fresh one. IAS TN GOvt academy service	cc/2021-04/en_head_0017.json.gz/line989
__label__cc	0.58428	0.41572	JUDO COMES BACK TO SAINT PETERSBURG Junior European Judo Cup, Saint Petersburg 2017 Another edition of the Junior European Judo Cup is taking place over the weekend in the north capital of Russia, Saint Petersburg with around 300 strong young judokas. 17 countries are represented at the Cup this time, amongst them, 8 former republics of the Soviet Union, Japan and with first time appearence, Argentina. During the opening ceremony, the Vice-President of Russian Judo Federation, Igor Sidorkevich noticed the historical meaning of the tournament as it has been held since the last century. The Cup has become so popular that only the strongest judokas from different countries try to participate here. The tournament turned from being one of the many international competition into a European Judo Cup. Representatives of the EJU visited Saint Petersburg annually and they mark a very high organizational level of the competitions. So, now we are considering an opportunity to hold not only Junior Cup but European Championships next year. Both days of the event delivered significant judo skills, however, the second day of the tournament was mainly dominated by the Russian team as they showed potential in five out of eight finals. The home nation did not only dominated the second day of the event but finished on top of the medal table with 24 medals which of 5 were voctorious gold. The Japanese team finished on the second spot of the overall medal table with 9 medals, four of those gold. France and Georgia closely followed by eight medal winning performances each. EJU President, Sergey Soloveychik pointed out the highest organizational level as well, good logistic, accommodation conditions for athletes, quality of the sport hall and training venues. He also said that Junior Cup in St. Petersburg is a wonderful example how international tournaments should be held. He thanked all the local organizational and staff led by Igor Sidorkevich. Athletes can have good sparrings and spend a few days at the EJU training camp after the tournament. Mr. Soloveychik also said that it was Ezio Gamba who influenced a lot to the development of Russian Judo. “He was involved to work with the Russian team some years ago but he not only created a new Russian team and lead it to Olympic medals but he helped to prepare the next generation of Russian coaches who were sure to be the winners. Now he is a General Manager of the Russian team and he passed coaching obligations to his assistants who worked 2 Olympic cycles with him and we hope to see the result of their work at the next Olympic Games.” Tanaka Shiho (Japan): “This tournament was not too difficult for me but very interesting one. European judokas whom I met on my way to the final taught me their own style of fighting. I think that this experience is very useful for me. It is my first time in St. Petesburg and it was quite unexpected to see snow in the middle of spring here.” Inal Taimazov (Russia): “I win no medals in St.Petersburg last year. I am grateful to my father who helped me to prepare to this tournament. I won and I am glad!” Yasmine Horlaville (France): “It is my first European medal. I made a long way to it and my dream came true. I am happy to be the best in my weight category here.” Hrvoje Lindi, EJU Sport Director also summarized the results of European Judo Cup in St. Petesburg: “I had an experience to work in St. Petersburg 5 years ago. I was pretty satisfied with the organization of the tournament that time and I returned to this magnificent city now. I saw that there was no limit for perfection. The tournament is smoothly organized, all the services work effectively. I noticed what a great work had been done by the organizers to hold this European Cup at the highest level.”	cc/2021-04/en_head_0017.json.gz/line992
__label__wiki	0.541873	0.541873	EBOSS CORE JOBFEED Soft skills and respect: the secret to success Your workplace culture is more important to the success of your… https://cdn.ebossrecruitment.com/wp-content/uploads/2017/06/15030948/soft-skills-and-cv.jpg 533 800 David Lyons https://cdn.ebossrecruitment.com/wp-content/uploads/2018/03/14142302/eboss-logo.png David Lyons2017-05-19 06:20:592018-10-23 08:37:08Soft skills and respect: the secret to success Migrant, graduate, green: today's workforce \| Recruiters Weekly News It's not just jobs and businesses that are changing: workers… https://cdn.ebossrecruitment.com/wp-content/uploads/2017/05/15030919/green-machine-compressor.jpeg 533 800 Robert Ward https://cdn.ebossrecruitment.com/wp-content/uploads/2018/03/14142302/eboss-logo.png Robert Ward2017-05-15 12:55:042018-02-23 08:25:26Migrant, graduate, green: today's workforce \| Recruiters Weekly News Automation, gamification and monetised CVs \| Recruiters Weekly News This week’s news round-up has a futuristic feel as we take… https://cdn.ebossrecruitment.com/wp-content/uploads/2017/06/15030947/automation-of-recruitment.png 578 609 David Lyons https://cdn.ebossrecruitment.com/wp-content/uploads/2018/03/14142302/eboss-logo.png David Lyons2017-05-08 06:32:442018-10-17 09:25:52Automation, gamification and monetised CVs \| Recruiters Weekly News SMEs, Stress, and Skilled Communication \| Recruiters Weekly News Brexit negotiations will continue to generate headlines until… https://cdn.ebossrecruitment.com/wp-content/uploads/2017/06/15030947/work-stress-decision.jpg 443 800 David Lyons https://cdn.ebossrecruitment.com/wp-content/uploads/2018/03/14142302/eboss-logo.png David Lyons2017-05-03 06:48:012018-02-23 08:30:45SMEs, Stress, and Skilled Communication \| Recruiters Weekly News Want this news delivered weekly? eBoss Updates GDPR Archives GDPR Guides Recruitment Consulting Tips Recruitment Software Features Recruitment Technology News Succeed with cutting edge Search, CRM, ATS tools, clever integrations, telephone support and other eBoss empowering innovative features. eBoss Product GuideOctober 19, 2020 - 6:06 am GDPR for Recruiters: Legitimate Interest Assessment PackFebruary 20, 2018 - 1:32 pm VOIP CallsJanuary 22, 2018 - 9:28 am GDPR for Recruiters: The definitive guideDecember 5, 2017 - 3:24 am KPI Reporting for recruitersNovember 21, 2017 - 3:24 am CV PARSER FOR SMARTER RECRUITINGNovember 20, 2017 - 7:03 am GDPR COMPLIANCENovember 7, 2017 - 2:25 am SMS text messagesOctober 23, 2017 - 8:06 am New to recruitment – where to start? \| recruitment consultancy tips Tenth of UK recruitment firms “fighting for survival” \| UK Recruitment News You Recruitment Priorities for 2021 \| UK Recruitment News What Brexit readiness for recruiters might look like ONS Job Market Data: December 2020 \| Recruitment News UK Copyright 2001 - 2018 eBoss Recruitment Software	cc/2021-04/en_head_0017.json.gz/line994
__label__cc	0.719062	0.280938	Erowid References Database All Author Title JournalName Year Abstract Feedback / Errors Adamowicz P. “Fatal intoxication with synthetic cannabinoid MDMB-CHMICA”. Forensic Sci Int. 2016 Mar. Adamowicz P. "Fatal intoxication with synthetic cannabinoid MDMB-CHMICA" Forensic Sci Int. 2016 Mar. Abstract (this page) Full Text - English (491 K) (private) Show Articles by Adamowicz P Article IDs Erowid RefID: 8963 PubMedID: unknown Hofmann Collection MDMA Collection Abstract MDMB-CHMICA is a synthetic cannabinoid that appeared on the European drug market in September 2014. This substance was found in Poland in the herbal mixture “Mocarz” (“Strongman”), which caused a large outbreak of intoxications at the beginning of July 2015. This paper describes the circumstances of death and toxicological findings in a fatal intoxication with MDMB-CHMICA (in combination with alcohol). Loss of consciousness and asystole occurred a few minutes after smoking the ‘legal high’. The man died after 4 days of hospitalisation. The cause of death accepted by the medical examiner was multiple organ failure. MDMB-CHMICA was detected and quantified in blood (ante- and postmortem) and internal organs tissues. The samples were analysed using liquid chromatography with mass spectrometry (LC-MS/MS). The concentration of MDMB-CHMICA in antemortem blood was 5.6 ng/mL. Although the death occurred after 4 days from administration a relatively high concentration (2.6 ng/g) was estimated in the brain. Traces of this compound were also found in other postmortem materials (blood, stomach, liver, bile, and kidney). The presented case shows the health risks associated with MDMB-CHMICA use. The administration of this substance can lead to the number of organ failures, cardiac arrest and consequently death. Excerpt: A 25-year-old man with a history of alcohol and NPSs abuse purchased multiple packages of ‘legal highs’ from an Internet store. He was previously twice treated psychiatrically (11 and 5 months before the incident) because of ‘legal highs’ dependence. The man picked up the envelope with ‘legal highs’ at the post office at approx. 11:00. From the testimony of his colleague it is known that three packages with names: ‘‘Mocarz’’, ‘‘Czesza˛cy grzebien´ ’’ (‘‘Combing comb’’) and ‘‘Baka’’ were inside the envelope. The man opened the package ‘‘Czesza˛cy grzebien´ ’’, and proceeded to put some of the herbal product in a pipe and smoked it. At the same time, he also drank a beer. After smoking, the man stopped talking. His colleague had seen him last at around 14:00–15:00. At that time the man was drunk and sleepy, had slurred speech, and it was also hard to communicate with him. The man returned home with another friend at about 16:50. He administered the ‘legal high’ named ‘‘Mocarz’’. Moments later, he fell to the floor (around 17:00). He was wheezing and vomited. The man lost consciousness, but his eyes remained open. His mother called the emergency medical service, which was on-site around 17:30. Doctors upon arrival found the man lying on the floor, unconscious, without a circulation and a pulse. The police arrived at the scene, where police officers secured six packs of ‘legal highs’ (powders and herbal products); including an empty package of ‘‘Mocarz’’. The resuscitation was successful, but the man did not regain consciousness and was taken to the Intensive Care Unit (ICU) at about 18:00. On admission to the hospital, the patient was deeply unconscious (Glasgow Coma Scale, GCS 3), limp, circulatory and respiratory inefficient, without deep tendon reflexes, without pharyngeal and tracheal reflexes. There were no any signs of functioning of the central nervous system (CNS). The patient was unresponsive to pain and overall areflexia was observed. The pupils were extremely wide, stiff, with no reaction to light, without corneal and ciliary reflexes. The heart rate was 100 beats per minute (bpm), the blood pressure was 120/40 mm Hg and the temperature was 35.1 8C. Injuries on the body were not disclosed. The antemortem blood sample was collected at 18:50 (approx. 2 h after ‘‘Mocarz’’ use and 8 h after ‘‘Czesza˛cy grzebien´ ’’ use). During the 4 days of hospitalisation, severe redness of the skin of the upper half of the body, which was resolved with time, was observed, along with pathological muscle contraction of the chest, with decreasing intensity with time. Purulent and watery content was expelled from the digestive tract. There was also very strong diarrhoea and features of bleeding diathesis (injection sites bleeding). Body temperature was in the range of from 33.0 to 37.3 8C. Despite an intensive treatment, the patient’s condition did not improve. On the fourth day of hospitalisation brady-asystole cardiac arrest occurred, but the patient was resuscitated. Unfortunately, 1 h later the next cardiac arrest occurred and the man was pronounced dead (at 14:30 of the fourth day). As a result of the autopsy (performed 4 days after the death) the medical examiner concluded respiratory, circulatory, heart, kidney and liver failures as well as hypoxic-ischemic damage of the CNS. The cause of death accepted by the medical examiner was multiple organ failure. Blood and internal organs tissues (brain, lung, stomach, liver, bile, and kidney) were collected during the autopsy and sent, along with antemortem blood sample, to the author’s laboratory for toxicological analysis. Keywords MDMB-CHMICA; MMB-CHMINACA; Synthetic cannabinoid; Intoxication; Analysis; Concentrations Copyright © 2016 Elsevier Ireland Ltd. All rights reserved. Comments and Responses to this Article [ Cite HTML ] [ back to references ] Created by Erowid - Jan 5, 2000 Modified - Jul 29, 2019	cc/2021-04/en_head_0017.json.gz/line998
__label__wiki	0.721179	0.721179	Danny Boyle May Still Be Involved with 'My Fair Lady' Remake Source: The Playlist The release of the thrilling true story of real-life mountain climber Aron Ralston's brush with death in 127 Hours is just around the corner, but everyone is still wondering what director Danny Boyle is looking to tackle next. There's been rumors of another 28 Days Later sequel and a remake of My Fair Lady, but no solid evidence to suggest either is a sure thing. Recently The Playlist (which is now located at indieWIRE) sat down with Boyle to chat about these potential projects, and elaborated on his desire to direct a musical, and some interesting observations regarding the classic Hollywood genre in other cultures. Read on! As far as tackling a musical in general, Boyle couldn't like the idea more, "Oh I’d love to do a musical. A song-and-dance musical, with an original music, modern day story, not from Broadway not with previous music. But it’s very difficult. It’s impossible at the moment. I think it’s the Holy Grail for any film director.” So obviously the next subject turned to his previous attachment to a remake of My Fair Lady. We'd heard John Madden was replacing the director, but with no further development on the project, it's unclear what's happening. Boyle's remarks seem to indicate that he hasn't given up on the prospect. Here's what he had to say: "That was an idea I was involved in for a while, because it’s an amazing score, probably contains some of the best songs ever written for a musical. And we were trying to rethink it a bit, both musically and visually, and make it more current in a way. But it remains something that we may not actually achieve." In addition, Boyle goes off on a tangent that may indicate where he would like to take the unknown musical that he seems to keen on directing at some point in his career: "Of course the place you could do a musical is India. Because in India, what they do, it’s really interesting, when they promote a movie, six weeks before the movie comes out, the songs come out, and everybody learns the songs. So when they watch the movie, they know all the songs. So you don’t have that discombobulation in a musical that you’re watching it and it’s completely fresh music. It’s got a familiarity that makes musical songs much more acceptable in the structure of a narrative if you can sing along with them. That’s why old musicals all work and modern musicals are so difficult, because we don’t have that. If we could do that. You can do that in India much more easily." It's certainly an interesting prospect, and Boyle clearly had some fun with India's taste for singing and dancing in the streets when you look at the end credit sequence for Slumdog Millionaire featuring Dev Patel and Freida Pinto dancing with a slew of other performers in a train station. Though a musical certainly seems to be in his future, the proposed second sequel to 28 Days Later doesn't seem to be happening anytime soon since there's no script from which to work. So for now we're still waiting to hear what the award-winning director will take on next. Stay tuned. Find more posts: Movie News, Opinions Reader Feedback - 1 Comment Hahaha I love how no one has commented on this!! LINKFX on Oct 22, 2010	cc/2021-04/en_head_0017.json.gz/line1003
__label__cc	0.698673	0.301327	The ‘Millennium Trilogy’ Will Be a Graphic Novel Series By Caroline Stanley Some possibly exciting news for Stieg Larsson fans: Nerve reports that Vertigo, an imprint of DC Entertainment, plans to publish the Millennium Trilogy as a graphic novel. Each book from the popular series will be broken down into two volumes which will be available in both print and digital formats; and while it’s not clear at this point who will be adapting the text or working on the illustrations, given the fact that Vertigo is known for titles like Sandman and V for Vendetta, we feel like our beloved Lisbeth Salander is good hands. Look for The Girl With the Dragon Tattoo to hit shelves in 2012, timed to the release of David Fincher’s highly-anticipated film version, with subsequent installments of the series coming out in 2013 and 2014.	cc/2021-04/en_head_0017.json.gz/line1005
__label__cc	0.660275	0.339725	Children arbitration – a real life case study By Gillian Bishop The new family law children arbitration scheme launched earlier this week. In this blog director Gillian Bishop who, along with her colleagues Felicity Shedden and James Pirrie, is a qualified children law arbitrator, examines a real life case study suitable for children arbitration. “Angela and David had met at university and were in a relationship for five years. During that time they had twins, Guy and Gabriel, who are now aged ten. Angela and David split up when the twins were years old. Angela and David had both studied law at university but their careers took very different paths. Living in Hertfordshire within commuting distance from London, Angela developed a very successful career working for one of the major City firms. David, a socialist at heart, has always worked in high street practices and set up his own criminal law practice which means he works long hours, including at weekends, for relatively little remuneration compared to Angela. Angela is in a new relationship with an accountant from one of the Big Four accountancy firms and they plan to marry next year. They are already living together and talking about starting a family. Angela and David have always remained on good terms and have successfully co-parented Guy and Gabriel who, as a result, are happy, well-adjusted children doing well at a local state primary school. Angela and David have been having discussions about secondary education for the boys. Angela is keen that the boys should be privately educated as she was. She also believes that, as she and David are both very busy at work, the boys would benefit from attending a boarding school. She and her siblings had all been to a private school in Kent, near where her parents live, which has a boarding house. Angela is also concerned that as David has recently set up his practice he will have less and less time available to spend with the twins. She is willing to pay their school fees in full though would prefer it if David contributed half. David finds the idea of boarding school an anathema and is against private schooling in general. He was educated at a local comprehensive which he believes has not held him back. There is a very good state school near where the boys live which has good results and excellent purpose built facilities having recently become an Academy. He cannot easily afford to contribute to private school fees but fears that if he does not he will become marginalised and less important in the boys’ eyes. Angela and David attempted to resolve the issue in mediation but were unsuccessful. Neither saw the issue as one where they could compromise. Angela and David wish to have the matter resolved as soon as possible and preferably before the start of the next academic year because Gabriel and Guy will have to sit an entrance exam to the private school in January 2017. David does not want the boys to sit the exam if they are not going to go to the school. The twins are beginning to get anxious, sensing the tension between their parents. Having taken advice Angela and David are dismayed to hear that they are very unlikely to have a court adjudicated decision before the end of the year. Their respective lawyers have advised that arbitration would be more attractive option for the following reasons: Speed and convenience – the timetable and location can be fixed more quickly than a court application and at a time convenient to Angela and David. It is likely that the process will be much quicker than an equivalent court process. Arbitrations can be conducted in a neutral venue convenient to both Angela and David. Angela and David can select an arbitrator with many years of experience in the field. Arbitrations are dealt with in private away from the glare of the media providing them with privacy and confidentiality. The views of Guy and Gabriel can be heard by an Independent Social Worker or, when appropriate, an educational psychologist. The welfare check list applied to children cases in the court is applied in the same way in arbitration to ensure that the welfare of Guy and Gabriel is paramount in the decision making process. The arbitrator’s decision is binding and can, if necessary be converted to a court order. Angela and David have agreed to appoint an arbitrator from Family Law in Partnership who is available to take the case on and who will be able to give a determination before the October half term.” If the matters described in this article have resonated with you and you would like to understand more about the arbitration children scheme please contact any of our three children law arbitrators, Gillian Bishop, James Pirrie or Felicity Shedden on 020 7420 5000 or email them at E:hello@flip.co.uk.	cc/2021-04/en_head_0017.json.gz/line1006
__label__cc	0.721011	0.278989	Wondering who "Wonder" the Movie is For I looked forward to reviewing “Wonder” because, similar to Auggie, the protagonist of the story, I have a disability that is both immediately evident and impossible to hide. It is important for me to start off – in case you don’t know – by saying that "Wonder," both as a 2012 book by R. J. Palacio and adapted for film by Stephen Chblosky, presents the fictional story of a young boy living with disability in the form of a congenital facial deformity in a way that is both approachable and not too self-righteous. While seeing someone with a physical disability on the page or on screen will never be a negative experience for me, I still observe that most disability-related fiction for kids has at least one cringe-worthy moment (and, as someone who has a graduate degree in children’s literature, I’ve read a lot of disability fiction for children). In “Wonder,” those moments generally come from the middle school humor you’d find in any children’s work about a child Auggie’s age. The ever-present “Oh, isn’t he brave and resilient?” moments are less offensive because they are expressed by a narrator who understands his disability, but is also aware that able-bodied people see his life much differently than he does. Because the book/movie focuses on others’ awareness of Auggie, it’s hard for me to recommend it as disability-fiction. At its heart, “Wonder” is not about disability—it’s about bullying, which is why I can recommend it for anyone, not just for children or adults with disabilities and their loved ones. The premise of “Wonder” is simple enough. A formerly home-schooled child is mainstreamed at 10, an act that is compared to sending a lamb to the slaughter due to his cranial-facial abnormalities. However, at its core, “Wonder” is not Auggie’s story, at least, not entirely. In both the film and the book the narration shifts from Auggie, to his big sister Via, to his friend Jack Will. Companion pieces to the novel even give the audience a chance to see the story through the eyes of Julian, the book’s primary antagonist. This structure combines with plot elements and character realizations to demonstrate the power of perspective. This, in turn, encourages the reader to consider that words and actions can be far more impactful and far-reaching than they imagine. Again, the focus on others’ perspectives is why I’m hesitant to label “Wonder” as disability fiction. Although it does feature a protagonist with a disability learning how to navigate amongst his able-bodied peers, that is not necessarily the point of the book, nor are the Auggies of the world its target audience. The Auggies of the world know what’s up, and while Auggie’s self-confidence and awareness of others change throughout the novel, by the end of the narrative his overall situation when in public has not changed much. He will always be seen differently by strangers because of his appearance and he will be applauded for getting through life at a level that able-bodied people consider “ordinary.” What does change for Auggie is the attitude his peers take both toward him and toward the adolescent predisposition toward cruelty that seems to be inherent in children’s fiction and in think-pieces about the increase of online bullying. It is interesting here to note that bullying in “Wonder” usually happens the old-fashioned way, on notes or in hallways, versus social media. By the end of the novel Auggie’s positive attitude has pushed those around him toward kindness. At points, the novel does acknowledge that this should not be Auggie’s job, but he is never freed from the “ball of sunshine” role that disabled characters are so frequently required to fill in order to be liked and accepted. Obviously, my opinion on this is biased, and others are free to feel differently. I was never bullied as a child, and while my friends possibly talked about me behind my back, I never thought too much about that possibility until I read “Wonder.” It was Auggie’s attachment to his space helmet that made me realize that as a child I cared far less about my appearance than his character does. The cruelty I experienced came with age. Adults seem to mind my differences much more than my peers on the playground. But not every child with a disability may have shared my childhood experience. While I may not be able to recommend “Wonder” as great disability fiction targeted towards persons with disabilities, for those who encounter people with observable disabilities, the value of the film is clear. From a self-advocacy standpoint, the message of “Wonder” may simply be that we need to keep beating the drum with the able-bodied, and society at large, for acceptance, inclusion, equality, and kindness. “Wonder” provides an excellent reminder of this important message in an entertaining and thought-provoking way.	cc/2021-04/en_head_0017.json.gz/line1008
__label__cc	0.720691	0.279309	Privacy and Data Management Policy 1. Purpose of the Rules The purpose of this Policy is to record Foltvilag Ltd. (registered office and postal address: 2800 Tatabanya, Kossuth Lajos utca 89, company registration number: Cg. apply data protection and data management principles and the Company's data protection and data management policies. According to the decision issued by the Hungarian Trade Licensing Office, Foltvilag KFT (hereinafter referred to as the Service Provider) is the owner of ?????? !!!! under registration number, you can carry out mail order activities according to the law. The purpose of this Policy is to ensure that all individuals, regardless of nationality or place of residence, in all areas of the Services provided by the Service Provider, respect their rights and fundamental freedoms, in particular their right to privacy, in the automatic processing of their personal data (data protection). 2. Name of the data controller Name: Foltvilag KFT Headquarters and mailing address: 2800. Tatabánya, Banyi János utca 85 Telephone number: +36 (30) 4281202 Email address: foltvilag@gmail.com Data Management Registration Number: Naihan-82784/2015. database managed to send newsletter. Naihan-82785/2015. "Manage a database related to webshop operation." Naihan-82787/2015. "database managed to send newsletter." Naihan-82789/2015. "marketing." Naihan-82788/2015. "direct marketing." 3. The range of personal data that you manage 3.1.Regisztráció. During registration, the User must provide the following personal information: password, billing address (billing name, street name, house number, settlement, postal code), shipping address (shipping name, street name, house number, settlement, postal code), 3.2. Data to be recorded technically during the operation of the system: data of the user's logon computer generated during the use of the service and recorded by the data management system as an automatic result of the technical processes. Automatically recorded data is automatically logged on entry or exit without the need for a specific statement or action by the user. These data may not be linked to other personal user data, except in cases that are legally binding. Only the data controller has access to the data. 3.3. During visits to the Website, one or more cookies, that is, a small file containing a string, will be sent to the visitor's computer, which identifies its browser individually. These cookies are provided by Google and are used through Google Adwords. These cookies are sent to the visitor's computer only when visiting certain sub-pages, so we only store the time and date of visiting the sub-page, and no other information. The use of cookies sent in this way is as follows: External service providers, including Google, use these cookies to store the user who has previously visited the advertiser's website and to serve ads to third-party providers, including Google - partners' websites. Users may disable Google cookies on the Google Ads Disabling page. (You can also tell users to block third-party cookies on the Network Network Advertising Initiative's unsubscribe page.) Applied cookies: Analytics, tracking cookies Login, user ID session cookie In most browsers, the "Help" feature on the menu bar provides information about whether you have a browser how to disable cookies how to accept new cookies or how to instruct your browser to set up a new cookie or how to turn off other cookies. 4. Legal basis, purpose and manner of data management 4.1. Data management is carried out on the basis of a voluntary declaration by the users of Internet content on the www.foltvilag.com website (hereinafter referred to as the Website), which contains the express consent of the users to use their personal data disclosed during the use of the site. The legal basis for data management is the CXII of 2011 on Information Self-Determination and Freedom of Information. TV. (Info) Article 5 (1). (a) the voluntary contribution of the data subject. The User gives the consent for each data handling by using the Website, registering or voluntarily entering the data in question. 4.2.The purpose of data management is to provide the services available on the Website. The Service Provider shall make the data provided by the Subject available for the purpose, only fulfillment of the order, delivery to the home, billing, if the user has subscribed to the newsletter, it shall store it for the purpose of sending a newsletter and later proving the terms of the contract that may be created. 4.3. The purpose of automatically recorded data is to produce statistics, to develop the IT system technically, and to protect the rights of users. 4.4. The Data Controller shall not use or use the personal data provided for purposes other than those stated in these paragraphs. The release of personal data to a third party or authority, unless otherwise provided by law, is only possible with the prior express consent of the user. 4.5. The Data Controller does not check the personal data provided to him. Only the person providing it is responsible for the accuracy of the data provided. Whenever a User enters an e-mail address, he also assumes responsibility for the use of the e-mail address provided by him. With regard to this responsibility, any liability related to entries made at a given e-mail address is the sole responsibility of the user who registered the e-mail address. 5. Duration of data management 5.1. The processing of personal data required during registration begins with registration and continues until it is deleted. In the case of non-mandatory data, the data processing takes place from the date of data entry to the deletion of the data in question. Registration can be canceled by the User and canceled by the Service Provider at any time in the cases and in the manner specified in the General Terms and Conditions (hereinafter referred to as GTC). 5.2. The logged data is stored for 6 months from the date of logging, except for the date of the last visit, which is automatically overwritten. 5.3. The above provisions do not affect the fulfillment of retention obligations as defined by law (eg accounting legislation), as well as the management of data based on additional contributions made during registration on the Website or otherwise. 6. The circle of persons who know the data, data transmission, data processing 6.1. The data are primarily accessible to the internal staff of the Service Provider or the Service Provider, but they are not disclosed and are not disclosed to third parties. 6.2. The Service Provider (eg system operator, carrier company, accountant) may use the Service Provider for the operation of the underlying IT system, fulfillment of orders, settlement of settlement. The Service Provider is not responsible for the data management practices of such third parties. Data Processors Name: Company Address Activity Pozsgay Gyuláné Bánhidai ltp 318 Fsz 1 2800. Tatabánya Fő tér 30. The Service Provider shall forward the data provided by the Data Subject to the Customer in order to issue the electronic invoice. Purpose of the Data Transmission: the issue of an electronic invoice to the Data Subject, which shall be sent by the Service Provider electronically to the email address specified by the Data Subject. 6.3. In addition to the above, personal data relating to the User may be transmitted only in the cases specified by law or by the User's consent. 7. User rights and enforcement options 7.1. The User is entitled to request information about the personal data managed by the Service Provider at any time, and may at any time modify them in the manner specified in the GTC. The User is also entitled to request the deletion of his / her data through the contact details provided in this section. 7.2. Upon request of the User, the Service Provider shall provide information about the data it manages, the purpose of the data management, its legal basis, duration, as well as who and for what purpose it receives or received its data. The Service Provider shall provide the requested information in writing within 30 days of the submission of the request. 7.3. Your rights may be exercised at the following contacts: 2800, Tatabanya Kossuth Lajos utca 89 E-mail: foltvilag@gmail.com The Customer may contact the Service Provider's employee with any questions or comments related to data management. 7.3. via contact details. 7.4. The user may at any time request rectification or erasure of incorrectly recorded data. Some data may be corrected by the User on the Website itself; in other cases, the Service Provider will delete the data within 3 working days from the receipt of the request, in which case they will not be recoverable. The cancellation does not apply to the data processing required under the law (eg accounting regulation), and they are retained by the Service Provider for the required period of time. 7.5. The User may enforce his or her rights in court on the basis of Infotv. And the Civil Code (Act IV of 1959), in addition, the National Authority for Data Protection and Freedom of Information (NAIH) (1125 Budapest, Szilágyi Erzsébet fasor 22 / C) may apply in the event of a complaint concerning the data controller's data management practices. 7.6. If the User provided third party data during the registration or caused any damage during the use of the Website, the Service Provider is entitled to claim compensation for the User. In such a case, the Service Provider shall provide all possible assistance to the acting authorities in order to establish the identity of the infringing person. 8. Use of email addresses 8.1. The Service Provider pays special attention to the legality of the use of the e-mail addresses it manages, so it shall be used only for the purpose of sending e-mail (information or advertising) as specified below. 8.2. E-mail addresses are primarily used to identify the user, to maintain contact, to use the services, and to send e-mails primarily for this purpose. 8.3. In the case of services provided by the Service Provider or in the case of changes to the GTC, the Service Provider shall in certain cases send the information concerning the changes and other similar services of the Service Provider in electronic form to the persons concerned. Such "notice list" cannot be unsubscribed, however, these notices are not used by the Service Provider for advertising purposes. 8.4. The Service Provider only sends letters containing advertisements or advertisements (newsletters) to the e-mail addresses provided during registration only with the express consent of the User, in cases and in accordance with the legal requirements. You may unsubscribe from the newsletter at any time by using the link at the bottom of the newsletter. 9. Other Provisions 9.1. The Service Provider's system can collect data on user activity that cannot be linked to other data provided by users during registration, or to data generated by other websites or services. 9.2.In all cases, if the Service Provider intends to use the provided data for a purpose other than the purpose of the original data collection, it shall inform the user thereof, and obtain the prior express consent to it, or give it the opportunity to prohibit the use. 9.3. The Service Provider undertakes to ensure the security of the data and to take technical measures to ensure that the data recorded, stored or managed is protected or does its utmost to prevent their destruction, unauthorized use and unauthorized alteration. It also commits itself to calling upon any third party to whom the data may be forwarded or transmitted to fulfill its obligations in this regard. 9.4. The Service Provider reserves the right to unilaterally amend this Policy without prior notice to the User. After the amendment enters into force, the User accepts the provisions of the amended Rules with the use of the service by using the service. Tatabanya, 2015. február 22  I agree to the terms and conditions and the privacy policy Read the terms and conditions of use. About Foltvilag KFT Email us: info@foltvilag.com	cc/2021-04/en_head_0017.json.gz/line1009
__label__wiki	0.926928	0.926928	Illinois Governor Outlines Response To Drought With a baking southern Illinois cornfield as a backdrop, Gov. Pat Quinn on Monday pledged state support through loans and debt restructuring to farmers and ranchers punished by a nagging drought that shows no signs of abating anytime soon. JIM SUHR,Associated Press WALTONVILLE, Ill. (AP) — With a baking southern Illinois cornfield as a backdrop, Gov. Pat Quinn on Monday pledged state support through loans and debt restructuring to farmers and ranchers punished by a nagging drought that shows no signs of abating anytime soon. The Democrat's first look at parched conditions that has most of the state classified as in a drought gave him a stark lesson in just how bad things have gotten on the James Laird family's farm near Waltonville, a 400-resident village about 80 miles southeast of St. Louis. Stepping briefly into the crop, its dry soil craving any moisture, Quinn struggled to find an ear of corn. When he found one, he shucked it, only to discover it had no kernels. Quinn moments earlier had cast the plight of the state's corn growers in almost tragic terms. "This is their hour of need, and we will not forget them," he said. "We've never seen a drought like this and we've got to do something about it," Quinn, sweating in temperatures reaching well into the 90s, said during a news conference skirting the cornfield in an area he fretted has gotten just six-tenths of an inch of rain in the past month. Quinn's sojourn into a parched rural stretch of Illinois came as two-thirds of the state is classified as being in severe drought or worse, according to climatologist Mark Svoboda with the Nebraska-based National Drought Mitigation Center's Drought Monitor. Eight percent of the Land of Lincoln, largely the state's southernmost tip, is in "extreme drought." Just three months ago, Svoboda said, only 5 percent of the state was in any form of drought. Climatologists are calling it as "a flash drought," meaning it develops in a matter of months and not over multiple seasons or years. "This is definitely the epicenter, right in the heart of the Midwest," including eastern Missouri, Svoboda said. Using the Drought Monitor tracking as a guide, the U.S. Department of Agriculture last week announced that more than 1,000 counties in some two dozen states — including 26, mostly southern counties in Illinois — automatically will qualify for streamlined disaster assistance if they're in a severe drought for at least eight weeks or were in extreme drought this growing season. Quinn said seven more Illinois counties — Bond, Champaign, Greene, Monroe, Morgan, Stephenson and Washington — were added to that list Monday, punctuating the spread of the drought's impact through a state usually among the nation's top corn and soybean producers. While thankful for the USDA's offer of relief, Quinn insisted the state also was willing to come to the rescue through various debt-restructuring and loan programs through a partnership between the Illinois Finance Authority and area banks. The state also launched a website, Drought.Illinois.gov, as a repository for all things involving the state's drought situation, including available aid for affected growers and ranchers. "We're the heart of the heartland," Quinn said, renewing his request from last week that residents pray for rain. The Illinois Farm Bureau has said this year is the sixth-driest year on record so far, with the average precipitation of 2012's first half just 12.6 inches, nearly seven inches below normal. Every month this year has had above-normal temperatures, and the statewide average of 52.8 degrees over the past sixth months is the warmest on record. "This is truly a learning experience for all of us," said Bob Flider, the Illinois Department of Agriculture's acting director.	cc/2021-04/en_head_0017.json.gz/line1010
__label__cc	0.589777	0.410223	The 10 Highest-Yielding Dividend Stocks in the S&P 500 The names, the yields, and analysis on whether you can trust the dividends to be paid out for years. Anand Chokkavelu, CFA (TMFSimplify) Updated: Jul 15, 2019 at 10:45AM Anand is the Editor-in-Chief of Fool.com. He loves pithiness, clever turns of phrase, and helping people simplify their money decisions. Follow @anandchokkavelu One of the most enticing numbers for a bargain-hunting stock picker is a high dividend yield. Meanwhile, the S&P 500 index includes about 80% of the value of the entire U.S. stock market, including most of the big names. Screening for the top 10 yielders in the S&P 500 gives us a nice way to combine those two concepts. Doing this periodically can be a good idea generator for income-focused investors interested in major companies that may be out of favor in the market. Before we dive deeper, here are the current top 10 dividend yields: Macerich (NYSE:MAC) -- 9.0% CenturyLink (NYSE:LUMN) -- 8.6% Iron Mountain (NYSE:IRM) -- 7.9% Macy's (NYSE:M) -- 7.0% Altria (NYSE:MO) -- 6.7% Occidental Petroleum (NYSE:OXY) -- 6.3% Nielsen (NYSE:NLSN) -- 6.3% AT&T (NYSE:T) -- 6.2% AbbVie (NYSE:ABBV) -- 6.1% Invesco (NYSE:IVZ) -- 6.1% Next, some color and analysis on each. Read further for three things to do before buying any dividend stock. 1. Macerich (9.0%) Macerich is a mall REIT. It specializes in "town squares" with major flagship stores, preferably in higher-income areas. It has 51 million square feet of gross leasable area across 52 properties, so the typical property is close to a million square feet (think the size of about 500 houses). An example of one of these properties is Eastland Mall in Evansville, Indiana. It's right around a million square feet with over 100 stores, including anchors J.C. Penney, Dillard's, and Macy's. One thing investors should keep in mind before investing is the peculiarities of REITs, including that they have to pay out 90% of their taxable income as dividends to receive special tax status. In addition, brick-and-mortar retailer closures or bankruptcies and higher interest rates could negatively affect Macerich. 2. CenturyLink (8.6%) CenturyLink is a major U.S. telecom that grew over the past decade with acquisitions including Qwest and Level 3 Communications. It serves both business and residential customers. The combination of a levered balance sheet (i.e., high debt levels) and revenue growth challenges in areas like landline voice have seen its stock price fall fairly steadily the past few years (it's around a quarter of where it was five years ago). The result is a huge dividend yield even with a dividend cut earlier this year. Hence, there may be opportunity for value investors who buy into CenturyLink's cost-cutting and stabilization efforts. The top 10 highest-yielding stocks in the S&P 500 can be a great place to look for investing ideas. Image Source: Getty Images. 3. Iron Mountain (7.9%) Iron Mountain's services are less well-known than many of the names on this list, but over 90% of the Fortune 1000 uses Iron Mountain. As Iron Mountain puts it, the company focuses on "storing, protecting and managing, information and assets." For the most part, that means shredding documents or storing documents, but it also gets into data storage and can even brag about storing Frank Sinatra's master recordings. Note: like Macerich, Iron Mountain is a REIT. 4. Macy's (7.0%) Macy's has 800+ brick-and-mortar locations under its namesake brand, Bloomingdale's, and specialty stores like Bluemercury. Despite efforts by management to make Macy's "omnichannel" (i.e., grow online sales), its trailing 12 months' revenue is lower today than it was in 2007. That said, Macy's is still profitable and is being proactive about making asset sales and making the most of its real estate holdings. When you're dealing with a business facing industry decline, the last thing you want is management that buries its head in the sand. Bulls can take heart that Macy's management appears proactive and is working with a profit that results in a low P/E ratio and a nicely sized dividend. 5. Altria (6.7%) Marlboro cigarette maker Altria has been an unbelievably great dividend stock over the decades. Today, it faces continuingly lowered volume as the health effects of tobacco and smoking dissuade more and more people from smoking. Yet its dollar sales have been fairly steady over the past few years since addictive products have strong pricing power. Altria has also bought itself optionality with large stakes in e-cigarette producer JUUL and cannabis company Cronos. That's especially true when you consider what Altria's brand power and distribution network could do to boost those operations. 6. Occidental Petroleum (6.3%) Occidental has made many headlines for its pending $38 billion acquisition of Anadarko Petroleum. It's a big bet (notice that it's roughly the size of Occidental's market cap) and one it had to outbid Chevron for by $5 billion to win. It's also been complicated and messy. To afford the deal, Occidental needed $10 billion in financing from Warren Buffett's Berkshire Hathaway and a side deal with Total to sell $8.8 billion of Anadarko's assets. It's likely both Berkshire and Total got good deals from a motivated Occidental. Meanwhile, activist investor and Occidental shareholder Carl Icahn has been complaining and looking to boost his influence on the board of directors. On the organic side, Occidental's been lowering its cost structure to the point that it thinks it can fund its non-Anadarko operations and pay its dividend if oil averages only $40 per barrel. Even if we assume those estimates are accurate, an acquisition this large can have many hard-to-predict effects, both positive and negative. And as with any company in the space, the underlying price of oil will have a massive role in determining success vs. failure. 7. Nielsen (6.3%) Although well-known for its self-named TV ratings and other audience measurements, Nielsen's had problems growing its top line in recent years. With its share price already sliding for a couple of years, last summer Nielsen announced it was seeking strategic options. In other words, it's been open to selling parts of itself or the whole enchilada. In the past year, reports have had various private equity players including The Blackstone Group and Apollo Global Management showing some interest in making offers. As of this writing, Nielsen is still accepting bids if there is actual interest. Potential investors (especially those looking to buy and hold a high-yielder for years) should factor all the uncertainty into their decision-making. 8. AT&T (6.2%) Like CenturyLink, AT&T is a major telecom that makes this top 10 dividend list. However, unlike CenturyLink, AT&T is quite profitable and seemingly stable. It has both mobile and landline operations as well as acquisitions DirecTV (2015) and more recently TimeWarner (now WarnerMedia). With both content and distribution in hand, AT&T promises to be a formidable player no matter how things shake out. 9. AbbVie (6.1%) AbbVie is yet another company in the middle of an M&A event. It recently announced an agreement to buy fellow drugmaker Allergan for about $63 billion. The combination would diversify AbbVie's sales. Currently, more than half of adjusted sales come from anti-inflammatory treatment Humira (the world's No. 1 drug in 2018). However, Humira and Botox (Allergan's top seller), face future competition via a patent cliff or a potentially superior alternative, respectively. Someone considering AbbVie stock should think through both the effects of the massive combination and the longer-term viability of Abbvie's combined portfolio and pipeline. 10. Invesco (6.1%) Invesco is an asset manager with over $1 trillion in assets under management. Its well-known funds include variations of its Invesco branding as well as its recently acquired OppenheimerFunds. Profitability has been a strong suit for Invesco over the years. It's been consistent with strong profit margins (currently 15%). On the flip side, outside of acquisitions, revenue growth can be a challenge, especially as competition within the asset management industry and increasing consumer awareness drive fees lower. 3 things to do before buying any dividend stock Before buying any dividend stock (and especially a high-yield dividend stock), you should do these three things: Evaluate dividend stocks just as you would any other stock. Make sure you understand the special nuances if it's organized as a master limited partnership (MLP) or a real estate investment trust (REIT). Determine how sustainable the dividend is. This sounds obvious, but in addition to the general problem of investors getting carried away and neglecting to evaluate a stock as buying part of a business, dividend stocks have the specific problem of investors thinking of dividends as free money the stock is paying out. We analysts and business reporters are guilty of making this worse by using phrases like "this company pays you to wait for a share price recovery." Even the most educated and experienced of us can't help but gawk at high-yield dividends like the ones we've listed above. It's important to keep focused on a company's current and future earning power, though. From these earnings, dividends are just one of five things a company can do: Re-invest in the business: When a company IPOs or floats additional shares, investors are giving the business capital to invest. Before giving some of that capital back via dividends, a company can reinvest its earnings to fund future operations, either for maintenance or growth. Mergers and acquisitions: In addition to organic growth, a company can grow by buying competitors or adjacent businesses. Share buybacks: In theory, buying back shares can be a more efficient way of returning capital to shareholders than dividends. You save shareholders the tax hit of dividends. Also, once one is established, a regular dividend is expected to be paid out quarterly and rise over time, whereas there's more expectation for share buybacks to be lumpy at management's discretion. And if you have a management team that's smart about buying when shares are undervalued (a rarity, unfortunately), all the better! Build a stronger balance sheet: Paying down debt or increasing a cash balance gives a company added flexibility for future opportunities and helps protect against recessions, industry downturns, and problems of a company's own doing. Dividends: Paying shareholders. On why you may prefer the other options to a dividend, consider this admittedly imperfect thought experiment. Someone you know starts a business and promises a 10% annual dividend yield. You say "Great!" and invest $1,000. And they do as they said they would. But they don't do anything except pay you $100 each year for 10 years until they run out of the money. Then they shut the company down. Was the 10% dividend worth it? Of course not! You don't want what amounts to a zero-interest savings account. You want a business to do something and make your $1,000 worth more than $1,000. Hopefully much more! So make sure not to make the rookie investing mistake of thinking of dividends as "free money." Instead, dividends are what management does when it has no better uses for the capital. That may sound like a ding on dividends, but it's not meant to be. Let's be clear that when it comes to what we care about -- investing results -- dividends are a wonderful thing. Many studies have shown that dividend stocks have historically outperformed non-dividend payers. There are many theories as to why. For example, the fact that a company can pay a regular dividend is a signal that it's strong enough to produce enough cash flow to do so. Also, some would suggest dividends are a way of ensuring management discipline. Many companies that pay high dividends are structured as MLPs or REITs, especially in the oil and gas and real estate spaces. In exchange for abiding by certain rules and limitations, companies in these structures get tax benefits. The upshot for investors is that these companies tend to pay high dividends because MLPs are pass-through entities and REITs must pay out 90% of their taxable income. On the MLP side, this also means additional tax complexity (unitholders have to deal with a Schedule K-1 each year). Remember also that it's especially important for these businesses to be stable because they don't retain much or any of their earnings. If cash needs arise, that can mean raising capital at inopportune times. Read more about MLPs and REITs by following the links. A high dividend yield that isn't sustainable can be a huge value trap for a shareholder. When a dividend is cut, not only does the income go away, but the share price also tends to fall. Beyond the actual dividend cut, investors worry about the viability of the business and the competence of management. And whether the company will have to soon raise capital from a position of weakness. A basic check on dividend sustainability is looking at a company's payout ratio. The payout ratio is simply the percentage of a company's earnings that is paid out in dividends. As a general rule of thumb, under 50% is preferred, but there are many nuances and exceptions. By definition, if a company's payout ratio is above 100%, it means its dividends are greater than its earnings and it needs to dip into its cash, borrow, or float some equity to pay up. Let's look at a summary table of our top 10 dividend payers and see how they do on payout ratio. Market Capitalization ($Billions) Real Estate (REIT) Storage and Information Management (REIT) 106%* Drug Manufacturer Data source: S&P Global Market Intelligence. As of June 27, 2019. *For REITs Macerich and Iron Mountain, the payout ratios are calculated using the industry-preferred funds from operation rather than net income. At a high level, we can see that the price of a high dividend yield is often a high payout ratio. Notice that only Macy's has a payout ratio below 50%, and that was achieved with the help of unsustainable gains on the sale of assets. This actually makes sense when you think about it. To achieve a huge dividend yield with a low payout ratio, you'd need a company that has both a beaten-down share price and a lot of earnings. For example, if a dream company had a dividend yield of 7% and a payout ratio of 30%, that would imply a P/E ratio of just 4.3. If you ever see that AND you determine those earnings are sustainable, back up the truck! Back to the real world. A few other things you should note about some of the payout ratios above. Macerich and Iron Mountain are REITs, so their payout ratios are supposed to be very high (recall that they have to pay out at least 90% of their taxable income each year). The ratios for CenturyLink and Nielsen are not meaningful because neither is currently profitable. Both were hit with large goodwill impairments that took them into the red. Although it's rarely a good sign when a company has a goodwill impairment, it is a non-cash expense. As a result, each company's free cash flow is positive and greater than its dividend payouts. This is an example of why it's a good idea to check out a company's payout ratio on both a net income basis AND a free cash flow basis. Good luck investing! Now that we've shared some initial analysis of this list of the 10 highest-yielding stocks in the S&P 500 and some tips on evaluating dividend stocks, it's up to you to decide whether any are interesting enough to research further. We're here to help! Altria Group, Inc. NYSE:MO Macy's, Inc. Occidental Petroleum Corporation NYSE:OXY LUMN NYSE:LUMN Invesco Ltd. NYSE:IVZ The Macerich Company Iron Mountain Incorporated ABBV NYSE:ABBV NLSN Nielsen Holdings plc NYSE:NLSN 13 Steps to Investing Foolishly Change Your Life With One Calculation Trade Wisdom for Foolishness Treat Every Dollar as an Investment Open and Fund Your Accounts Avoid the Biggest Mistake Investors Make Discover Great Businesses Buy Your First Stock Cover Your Assets Invest Like the Masters When should I sell a stock? Make friends and influence Fools Compare Stock Brokers Compare IRA Accounts	cc/2021-04/en_head_0017.json.gz/line1011
__label__wiki	0.848205	0.848205	Hamilton: ‘I was too friendly in Turn 1’ at the start Mercedes Team Principal Toto Wolff must have been holding his breath when the racing got underway in Azerbaijan, as he watched his two drivers going wheel to wheel for the first few corners of the Baku City Circuit before Valtteri Bottas eventually came out on top. But having made the better start of the two off the line, Lewis Hamilton was left wondering afterwards whether he’d been too kind to his team mate. As he did at the Chinese Grand Prix two weeks ago, Hamilton enjoyed a better initial launch than Bottas from second place on the grid, and once again appeared to have the advantage heading into Turn 1. READ MORE: Bottas wins in Baku to secure fourth straight Mercedes 1-2 But the onboard cameras from Hamilton then picked up the nose of Bottas’ W10 coming back at him, the Finn toughing his way back ahead on the run down to Turn 2 before decisively sweeping across a respectful Hamilton to take a lead that would eventually see him record his second win of the season, as Hamilton went on to finish second. For a team boss, the opening three corners of the Grand Prix had been a perfect demonstration of how team mates should handle wheel-to-wheel racing. But the selfish racing driver in Lewis Hamilton couldn’t help thinking after the chequered flag that he may have left too much on the table in the on-track battle... “I was too friendly in Turn 1,” said Hamilton simply, “and basically gave it to him, but he drove a fantastic race, made no mistakes and so he deserved the win this weekend.” AZERBAIJAN GP: Watch the F1 race start in Baku Hamilton went on to justify his deference to his team mate, however, explaining how he’d been conscious of not wanting to hand any advantage to the chasing pack behind – and especially the Ferrari of Sebastian Vettel, who eventually finished the race third. “It’s very difficult,” said the world champion. “Ultimately, you always have to remember when you’re a team as a big as this, you’re only one. Selfishly, I could have pushed a lot harder, I could have gained, he could have lost and maybe lost to Ferrari. So while I wanted to overtake, I had to be cautious so we could block the front row. We did that and sometimes that sacrifice, you have to make if you want to win. “Valtteri [and I], we’ve always had respect for each other. We discussed it before race. We’re real gentlemen.” Hamilton can at least take comfort in Mercedes have secured a new record for one-two finishes at the start of the season, the Silver Arrows now having headed the first four races of the year – to trump Williams’ record of three from 1992 – while Hamilton and Bottas now have two wins apiece – although Bottas’ fastest lap from Australia sees him enjoy a one-point advantage over Hamilton in the drivers’ standings. Think Haas have a youthful line-up this year? Here's 10 even younger duos from F1 history What can we expect from Aston Martin’s real F1 return? WATCH: Multi-car scraps and a photo finish – the Top 10 best battles of 2020 WATCH: The Top 10 most dramatic crashes from the 2020 F1 season	cc/2021-04/en_head_0017.json.gz/line1012
__label__cc	0.525613	0.474387	After dolphins found dead, reward for information increased to $54,000 (Courtesy: FWC) TAMPA, Fla. - NOAA and its partners have now increased the reward for information on the recent deaths of two dolphins, first reported last month. Biologists with the Florida Fish and Wildlife Conservation Commission discovered a dead dolphin near Naples in January. The animal was fatally wounded from what appeared to be a bullet or a sharp object. During that same week, Emerald Coast Wildlife Refuge experts recovered a dolphin with a bullet in its left side along Pensacola Beach. NOAA and other agencies are now offering a total of $54,000 -- up from $20,000 last month -- for anyone who may have information that leads to an arrest. The NOAA Enforcement Hotline is (800) 853-1964 and tips can be left anonymously. The agency says to please include your name and contact information when calling enforcement to be eligible for the reward. Harassing, hunting, killing or feeding wild dolphins, or attempting to do these activities is prohibited under the Marine Mammal Protection Act, and is punishable by up to $100,000 in fines and up to one year in jail. 25,000 National Guard troops deployed to Capitol as Biden inauguration looms	cc/2021-04/en_head_0017.json.gz/line1014
__label__cc	0.593044	0.406956	Fan Yang's Group 1 Castle Point Terrace, EAS 408 Our office and Lab Edwin A. Stevens Hall Thermal transport in phase change materials Department of Energy's Highlight: Anomalously low electronic thermal conductivity in metallic vanadium dioxide, Science, 355, 371 (2017). This work is rated as the No.1 science story of LBNL in 2017! Thermal transport in anisotropic materials Anisotropic in-plane thermal conductivity of black phosphorus nanoribbons, Nature Communications, Vol. 6, 8573, 2015. This work has been highlighted by the LBL news, The Daily Californian, etc. Tunable thermal transport Tuning the interfacial thermal conductance via the anisotropic elastic properties of graphite. Carbon, Vol. 144, 109, 2019. Thermal devices: thermal memristor Theoretical framework of the thermal memristor via a solid-state phase change material. Journal of Applied Physics, Vol. 144, 106, 2019. We missed a lot of updates in the past. 2020-3: Our collaborative work with Prof. Junqiao Wu's group at Berkeley is accepted by Advanced Science. 2020-2: Our collaborative work with Dr. Sahu's group at NYU is accepted by Nature Communications. 2020-1: Ze and Ming's work on high thermal boundary conductance is accepted by Journal of Applied Physics. Congrats! 2019-12: Our collaborative work with Dr. Wang's group at IIT on photoSeebeck measurement is accepted by Advanced Electronic Materials. Congrats! 2019-12: Our collaborative work with Dr. Sahu's group at NYU is accepted by Nanoscale Advances. Ze did the thin film thermal conductivity measurement using the 3 omega instrument built up by him. Congrats, Ze! 2019-10: Rui Luo and Qiaomu Hu from ME joined in our lab as undergraduate student researcher. Welcome! 2019-09: Allyson, Kasey, Fernando, Justin, and Yohanes join in us as the smart meter team. They will build smart meter basing on their machine learning algorithms for energy disaggregation. Welcome, smart-meter team! 2019-8: Ming Liu from Peking University join in our group as a Ph.D. student. Welcome! 2019-7: Ze Yang from Purdue University join in our group as a Ph.D. student. Welcome! 2019-4: Our work on tuning the interfacial thermal conductance is published on Carbon. 2019-1: Our collaborative work with Dr. Sahu's group at NYU is published on ACS Applied Energy Materials. We did the thermal conductivity measurement using the TDTR technique. 2019-1: New semester. I am teaching the ME470 labs. 2018-12: Our work on thermal memristor is accepted by Journal of Applied Physics. 2019-1: The first semester. I am teaching the ME354 Heat Transfer. 2018-8: Arrive Hoboken. New Lab starts. Selected Journal Publications, more details in Google Scholar Current and former group members are listed in bold. 21. H. Liu, C. Yang, B. Wei, L. Jin, A. Alatas, A. Said, S. Tongay, F. Yang, A. Javey, J. Hong, and Junqiao Wu, Anomalously suppressed thermal conduction by electron-phonon coupling in tantalum disulfide, Advanced Science (2020). (link) 20. A. Sahu, B. Russ, M. Liu, F. Yang, E. Zaia, M. Gordon, J. Forster, Y. Zhang, M. Scott, K. Persson, N. Coates, R. Segalman, and J. Urban, In-situ resonant band engineering of solution-processed semiconductors generates high performance n-type thermoelectric nano-inks. Vol. 11, 1191 Nature Communications (2020) 19. Z. Wei, Z. Yang, M. Liu, H. Wu, and F. Yang, Thermal Boundary Conductance Between High Thermal Conductivity Boron Arsenide and Silicon, Journal of Applied Physics ,Vol. 127, 055105 (2020). (link) 18. Z. Pan, Z. Zhu, J. Wilcox, J. Urban, F. Yang, and H. Wang*, Tackling challenges in Seebeck coefficient measurement of ultra-high resistance samples with an AC Technique. Advanced Electronic Materials, 1901340 (2019) (link) 17. N. Chen, M. Scimeca, S. Paul, S. Hafiz, Z. Yang, X. Liu, F. Yang, D. Ko, A. Sahu, High-performance thermoelectric silver selenide thin films cation exchanged from a copper selenide template, Nanoscale Advances, Vol. 2, 368 (2019) (link) 16. M. Scimeca, F. Yang, E. Zaia, L. Chen, P. Zhao, M. Gordon, J. Forster, Y. Liu, J. Guo, J. Urban, A. Sahu, Low-Cost, Scalable Process for Improved Power Factor in Cu2Se Thin Films at Room Temperature, ACS Applied Energy Materials, Vol. 14, 10, 2019. (link) 15. F. Yang, M. Gordon, and J. Urban, Theoretical framework of the thermal memristor via a solid-state phase change material. Journal of Applied Physics, Vol. 144, 106, 2019. (link) 14. Z. Wei, F. Yang, K. Bi, J. Yang, Y. Chen, Tuning the interfacial thermal conductance via the anisotropic elastic properties of graphite. Carbon, Vol. 144, 109, 2019. (link) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Before Stevens ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 13. H. Kang, F. Yang, and J. Urban, Thermal Rectification via Heterojunctions of Solid-State Phase-Change Materials. Physics Review Applied, Vol. 10, 024034, 2018.(link) 12. W. Zheng, F. Li, G. Li, Y. Liang, X. Ji, F. Yang, Z. Zhang, and F. Huang, Laser tuning in van der Waals crystals. ACS Nano, Vol. 12, 2001, 2018.(link) 11. Z. Wei, F. Yang, K. Bi, J. Yang, Y. Chen, Tunable anisotropic thermal conductivity and elastic properties in intercalated graphite via lithium. Journal of Physical Chemistry C, Vol. 122, 1447, 2018.(link) 10. S. Lee#, K. Hippalgaonkar#, F. Yang#, J. Hong#, C. Ko, J. Suh, J. Urban, X. Zhang, S. Hartnoll, C. Dames, O. Delaire, and J. Wu, Anomalously low electronic thermal conductivity in metallic vanadium dioxide, Science, Vol. 355, 371, 2017. (link) This work has been reported by LBL news, etc. 9. A. Ruminski#, F. Yang#, E. Cho, E. Anderson, T. Johnson, J. Silber, C. Haber, and J. Urban, Geometric analysis of enhanced thermal conductivity in epoxy composites, physica status solidi a, Vol. 214, 1600368, 2017. (link) 8. Z. Wei, F. Yang, K. Bi, J. Yang, Y. Chen, Thermal transport properties of all-sp2 three-dimensional graphene: anisotropy, size and pressure effects. Carbon, Vol. 113, 212, 2016. (link) 7. S. Lee#, F. Yang#, J. Suh, S. Yang, Y. Lee, G. Li, H. Choe, A. Suslu, Y. Chen, C. Ko, J. Park, K. Liu, J. Li, K. Hippalgaonkar, J. Urban, S. Tongay, J. Wu, Anisotropic in-plane thermal conductivity of black phosphorus nanoribbons, Nature Communications, Vol. 6, 8573, 2015. (link) This work has been reported by LBL news, The Daily Californian, etc. 6. E. Cho, N. Coates, J. Forster, A. Ruminski, B. Russ, A. Sahu, F. Yang, J. Urban, Engineering Synergy: Energy and Mass Transport in Hybrid Nanomaterials, Advanced Materials, Vol. 27, 5744, 2015. (link) 5. J. Suh, K.Yu, D. Fu, X. Liu, F. Yang, J. Fan, D. Smith, Y. Zhang, J. Furdyna, C. Dames, W. Walukiewicz, and J. Wu, Simultaneous enhancement of electrical conductivity and thermopower in Bi2Te3 by native defects, Advanced Materials, Vol. 27, 3681, 2015. (link) 4. F. Yang and C. Dames, Heating frequency dependent thermal conductivity, Physical Review B, Vol. 91, 165311, 2015. (link) 3. F. Yang and C. Dames, Mean free path spectra as a tool to understand thermal conductivity in bulk and nanostructures. Physical Review B, Vol. 87, 035437, 2013. (link) 2. F. Yang, T. Ikeda, G. J. Snyder, and C. Dames, Effective thermal conductivity of polycrystalline materials with randomly oriented superlattice grains, Journal of Applied Physics, Vol. 108, 034310, 2010. (link) 1. F. Yang, R. Zheng, Properties of Optical phonons in Zn1−x−yMgyBexSe Quaternary Mixed Crystal. Solid State Communications, Vol. 141, 555, 2007. (link) # indicates equally contribution. F. Yang, “Thermal transport properties in 2D materials”, invited chapter in Synthesis, Modelling and Characterization of 2D Materials and Their Heterostructures, Springer, 2019. Fan Yang (Principle Investigator) Dr. Fan Yang is an assistant professor in the Department of Mechanical Engineering at Stevens Institute of Technology. He received his Ph.D. with major in Mechanical Engineering from UC Berkeley in the fall of 2014. He worked as a Postdoctoral Fellow at Lawrence Berkeley National Lab. between 2015 and 2018. His current research interests include understanding phonon mean free path spectroscopy of solids in both length and time scales, thermal transport in nanostructures, interface thermal transport, photo-thermoelectrics and thermoelectrics in hybrid materials, with both theoretical and experimental method. Outside of lab, He is an avid cyclist. He once rode from SF all the way to LA along highway 1. Ze Yang (Ph.D. Students) Bio: Ze Yang received his B.E degree in Energy and Power Engineering at Beihang University and his M.S. degree in Aeronautics and Astronautics at Purdue University, West Lafayette. Before he came to Stevens, his research focused on the transport and the dynamics of charged droplets. Bio: Ming Liu received his B.S. degree in School of Physics at Shangdong University and his M.S. degree in Institute of Condensed Matter Physics at Peking University. Master Students/Researcher Vaishnavi Gopalakrishnan Vaishnavi is working on machine learning based inter molecular development Nirmal Prasadd Nirmal is a mechanical engineering student. Undergraduate Researcher Ian Mauser Ian is a junior at Stevens Institute of Technology pursuing a bachelor’s degree in Mechanical Engineering. Ryan Ludemann Ryan is a junior at Stevens Institute of Technology pursuing a bachelor’s degree in Mechanical Engineering. Jiaqi Li Jiaqi is a junior at Stevens Institute of Technology pursuing a bachelor’s degree in Mechanical Engineering. Andrew D'Angelo Andrew is a sophomore at Stevens Institute of Technology pursuing a bachelor’s degree in software Engineering. Qiaomu Hu Qiaomu is a mechanical engineer. He works on building up the cut-bar tool for thermal conductivity measurement. Rui Luo Rui is a mechanical engineer. He works on thermal conductivity measurement using 3-omega method. Undergraduate Senior Design Team Allyson P Clark Allyson is a senior at Stevens Institute of Technology pursuing a bachelor’s degree in Mechanical Engineering and a master’s degree in Business Intelligence and Analytics. As a member of the co-op program, she has completed nearly two years of internship experience in biomedical product design, commercial HVAC design, and energy data analytics. When she graduates from Stevens in May 2020, she will begin her full-time career in the Digital Engineering Group at Arup, developing software tools to optimize building and transportation design. Fernando Hernandez Fernando is an electrical engineer. He is making hardware for the Energy Management System. Justin B Thompson Justin is an electrical engineer. He is also making hardware for the Energy Management System. Kasey E Suszko Kasey is a mechanical engineer. Her research interests are energy disaggregation using machine learning algorithms. Yohanes S Gunarso Yohanes is a software engineer. He makes various awesome APPs and develops various machine learning algorithms. Senior design team (2018.9-2019.5): Topic: Wearable thermoelectrics Daniel Poidomani Matthew Pasko Joe Vitiello Alexander Gaydos Chris Gaydos Thermal transport phenomena at the interface of energy conversion, materials science, and nanotechnology. (Update soon) Machine learning on nanoscale heat transfer We use various machine learning methods to develop the intermolecular potentials and apply them in molecular, lattice dynamics, and multiscale simulations. Electrical and fabrication for thermal properties measurement We built up electrical measurement method for thermal conductivity and Seebeck coefficient, including Bidirectional 3 omega method for anisotropic thermal conductivity of hybrid organic/inorganic nanostructures Lock-in method for Photo-Seebeck measurement Optical pump probe method in frequency domain We are capable of building up frequency domain thermoreflectance, which with capability of measuring thermal conductivity and thermal interface conductance. "If you are to do important work then you must work on the right problem at the right time in the right way." ----Richard Hamming Mechanical Engineering Systems Lab (ME470) Instructor, 1/2019-5/2019 Heat Transfer (ME354) Instructor, 8/2018-12/2018 We have several openings. Ph.D. and M.S. Students We are currently looking highly motivated students to join our group. We are particularly interested in students with background in one or more of the following directions: heat transfer, solid state physics, materials science & engineering, or optics. Please contact Prof. Fan Yang (fan.yang@stevens.edu) with your CV, transcripts, GRE scores (TOEFL if international students), and contacts of references within one PDF file. We are also interested in prospective, self-supported graduate students and visiting scholars with scholarships. Email: fan.yang@stevens.edu Office: Edwin A. Stevens Hall (EAS) 408 Phone(O): 201-216-5388 Quick Message to Us @Fan Lab All Rights Reserved 2019	cc/2021-04/en_head_0017.json.gz/line1015
__label__cc	0.519752	0.480248	The Minx - Manchester Soup Kitchen - 1st June 2013 Manchester Soup Kitchen The Minx came to my attention on their recent support slot with Inspiral Carpets in March, entertaining the crowd with their short sharp bursts of punk energy, intelligent lyrics and a frontman who grabs your attention and holds it in a vice-like clamp. On the eve of the release of their second single, an EP entitled Hello Mr Warden, they played a sold-out show at The Soup Kitchen in Manchester. It's fair going to sell out The Soup Kitchen as an unsigned band with just the one single to your name, but The Minx have managed it. There's a sense of expectation and a real buzz in the crowd as they take to the stage. Singer Chris Haddon has his hair in an unmistaken short mohican style and he carries that eccentricity through the set with an enthusiasm that would be annoying if it wasn't so infectious and genuine. They play all three songs from the EP and they confirm the impression we got from the debut single No Friends that they're a band to be reckoned with. There's not a duff song in the ten originals that they play and despite the punk ethic coursing through the veins of each of them, there's more than enough variety in the songs to prevent them being labelled a one-trick pony. The crowd need no encouragement to join in and mosh and there's already a great sense that there's a feeling of community developing between band and their audience. There's much more to them than their enigmatic front man though, they sound very tight and together and they look like they're having a whale of a time whilst they're doing it, no rock-star poses, moody introspection, just full-on balls-out noise. As if to prove this point, they come back on after the main set for an encore and we get a fabulously mad cover of REM's It's The End Of The World As We Know It (And I Feel Fine), and, whilst it remains quite faithful to the original, they stamp their own personalities onto it too. The Minx played: Beat The Bully, You Can Arrest Me, Cold Outside, I Don't Like You, No Friends, Out The Other Ear, Walking On My Grave, My Head, I Want A War, Forest Bank and It's The End Of The World As We Know It (And I Feel Fine) The Minx are on Facebook (where you can buy the No Friends single), Twitter and Soundcloud. Labels: The Minx John Bramwell - Hebden Bridge Trades Club - 27th J... Patti Smith - London Shepherd's Bush Empire - 18th... Section 25 / Pony And Trap - Leeds Cockpit 3 - 15t... Sara Lowes: All For The Dream (With The Means Of A... Money - Hebden Bridge Trades Club - 14th June 2013 James / Frazer King - Thetford Forest High Lodge -... Queens Of The Stone Age - London Rough Trade East ... Kiran Leonard - London The Lexington - 10th June 2013 PINS / Brown Brogues - London The Lexington - 6th ... Miles Kane - London Rough Trade East - 5th June 2013 Emily Barker And The Red Clay Halo - Interview	cc/2021-04/en_head_0017.json.gz/line1020
__label__wiki	0.966606	0.966606	Kansas imposes toughest online tax collections in the nation by: JOHN HANNA, Associated Press Kansas Revenue Secretary Mark Burghart discusses a new policy that will require out-of-state businesses to collect the state’s sales tax on online sales to Kansas residents, during an interview with reporters, Wednesday, Aug. 7, 2019, in Topeka, Kan.. The new policy takes effect in October and some tax experts are calling it the most aggressive in the nation for collecting state and local taxes on online sales. (AP Photo/John Hanna) TOPEKA, Kan. (AP) — Kansas plans to impose what some tax experts said Wednesday would be the nation’s most aggressive policy for collecting state and local taxes on online sales, possibly inviting a legal battle. The state Department of Revenue issued a notice last week saying any “remote seller” doing business with Kansas residents must register with the department, collect state and local sales taxes and forward the revenues to the state, starting Oct. 1. It cites a U.S. Supreme Court decision last year allowing states to collect sales taxes on Internet sales. Most states now have policies to collect such taxes, but almost all set minimum annual sales or transaction thresholds to exempt small businesses, according to groups tracking tax laws. Kansas is the first to attempt to collect the taxes without exempting any businesses, they said. The Republican-controlled Legislature included provisions on taxing Internet sales in two tax-cutting bills this year, but Democratic Gov. Laura Kelly vetoed both measures, saying they would destabilize the state’s finances. The Department of Revenue is imposing its new policy under an existing tax law that applied to out-of-state businesses but wasn’t being enforced because past court decisions prevented it. “I think they’re insane,” said Diane Yetter, founder of the Sales Tax Institute in Chicago. Later, she added, “I just think Kansas is setting itself up for a lawsuit — and embarrassment, truthfully.” Kansas Revenue Secretary Mark Burghart, a veteran tax attorney himself, said during an interview that the department is obligated to enforce existing tax laws consistently. He said it’s not fair to Kansas businesses to require them to collect sales taxes from consumers and not require out-of-state businesses to do the same after the U.S. Supreme Court decision last year. Burghart also said he does not feel the department has the authority to exempt some small, out-of-state businesses from collecting sales taxes. Legislators must set the thresholds, he said. “We have to move forward with implementation of the law as it is in place,” he said. Kansas Senate President Susan Wagle, a conservative Wichita Republican who is a frequent Kelly critic and is running for the U.S. Senate, termed the department’s policy an “abuse of power.” Other top Republicans were less harsh but said Wednesday that they worried about the risk of lawsuits — and lawmakers are likely to take up the issue again next year. Legislators also have felt pressure to collect more taxes from online sales to prevent local businesses from facing a competitive disadvantage. There’s also the potential budget upside: The department believes the state will collect between $20 million and $40 million a year in additional tax revenues. Wagle asked Attorney General Derek Schmidt, also a Republican, to weigh in on the policy’s legality. His spokesman Wednesday would say only, “We are aware of the situation.” Yetter and other tax policy experts said the U.S. Supreme Court’s decision isn’t permission to tax all remote sales from out-of-state businesses. “They’re pushing a lot of envelopes in their approach,” said Jared Walczak, director of state tax policy for the conservative Tax Foundation, who deems Kansas’ policy the “most aggressive” in the nation. The high court overturned a previous ruling that states could not collect their sales taxes unless a business had a physical presence within their borders, allowing tax collections if businesses had an economic presence. It upheld a South Dakota law requiring businesses to collect its taxes if they had $100,000 in sales or 200 transactions in the state within a year. The decision suggests states still must exempt some businesses to avoid putting an undue burden on interstate commerce in violation of the U.S. Constitution, said George Isaacson, a Lewiston, Maine, attorney representing the businesses challenging the South Dakota law. He said Kansas’ policy represents a “blatant disregard” of that. “These are small mom-and-pop type operations that are now going to be subject to this collection obligation and would be least able to mount a legal challenge,” Isaacson said. Follow John Hanna on Twitter: https://twitter.com/apjdhanna	cc/2021-04/en_head_0017.json.gz/line1022
__label__wiki	0.923626	0.923626	Ginsburg, a feminist icon memorialized as the Notorious RBG by: MARK SHERMAN, Associated Press FILE – In this Aug. 10, 1993, file photo, Supreme Court Justice Ruth Bader Ginsburg takes the court oath from Chief Justice William Rehnquist, right, during a ceremony in the East Room of the White House in Washington. Ginsburg’s husband Martin holds the Bible and President Bill Clinton watches at left. The Supreme Court says Ginsburg has died of metastatic pancreatic cancer at age 87. (AP Photo/Marcy Nighswander, File) WASHINGTON (AP) — Supreme Court Justice Ruth Bader Ginsburg moved slowly. When court was in session, she often had her head down, sometimes leading visitors to think she was asleep. She once acknowledged that she did occasionally nod off. She once confessed to dozing during a State of the Union. But it was a mistake to equate her gait and gaze with frailty, for Ginsburg showed over and over a steely resilience in the face of personal loss and serious health problems that made the diminutive New Yorker a towering women’s rights champion and forceful presence at the court over 27 years. She made few concessions to age and recurrent health problems, working regularly with a personal trainer. She never missed any time in court before the age of 85, and then only following surgery in December 2018 for lung cancer. Ginsburg died Friday of complications from metastatic pancreatic cancer at her home in Washington at 87, the court said. Late in her court tenure, she became a social media icon, the Notorious RBG, a name coined by a law student who admired Ginsburg’s dissent in a case cutting back on a key civil rights law. The justice was at first taken aback. There was nothing “notorious” about this woman of rectitude who wore a variety of lace collars on the bench and often appeared in public in elegant gloves. But when her law clerks and grandchildren explained the connection to another Brooklynite, the rapper The Notorious B.I.G., her skepticism turned to delight. “In the word the current generation uses, it’s awesome,” Ginsburg said in 2016, shortly before she turned 83. In 2018, Ginsburg was the subject of a documentary and a feature film “On the Basis of Sex,” in which the actor Felicity Jones portrayed he r. In her final years on the court, Ginsburg was the unquestioned leader of the liberal justices, as outspoken in dissent as she was cautious in earlier years. Criticizing the court’s conservative majority for getting rid of a key part of the landmark Voting Rights Act in 2013, Ginsburg wrote that it was like “throwing away your umbrella in a rainstorm because you are not getting wet.” Her stature on the court and the death of her husband in 2010 probably contributed to Ginsburg’s decision to remain on the bench beyond the goal she initially set for herself, to match Justice Louis Brandeis’ 22 years on the court and his retirement at the age of 82. Ginsburg had special affection for Brandeis, the first Jew named to the high court. She was the court’s second woman and its sixth Jewish justice. In time she was joined by two other Jews, Stephen Breyer and Elena Kagan, and two other women, Kagan and Sonia Sotomayor. Both developments were perhaps unthinkable when Ginsburg graduated from law school in 1959 and faced the triple bogey of looking for work as a woman, a mother and a Jew. Forty years later, she noted that religion had become irrelevant in the selection of high-court justices and that gender was heading in the same direction, though when asked how many women would be enough for the high court, Ginsburg replied without hesitation, “Nine.” She could take some credit for equality of the sexes in the law. In the 1970s, she argued six key cases before the court when she was an architect of the women’s rights movement. She won five. “Ruth Bader Ginsburg does not need a seat on the Supreme Court to earn her place in the American history books,” President Bill Clinton said in 1993 when he announced her appointment. “She has already done that.” Her time as a justice was marked by triumphs for equality for women, as in her opinion for the court ordering the Virginia Military Institute to accept women or give up its state funding. There were setbacks, too. She dissented forcefully from the court’s decision in 2007 to uphold a nationwide ban on an abortion procedure that opponents call partial-birth abortion. The “alarming” ruling, Ginsburg said, “cannot be understood as anything other than an effort to chip away at a right declared again and again by this court — and with increasing comprehension of its centrality to women’s lives.” Ginsburg once said that she had not entered the law as a champion of equal rights. “I thought I could do a lawyer’s job better than any other,” she wrote. “I have no talent in the arts, but I do write fairly well and analyze problems clearly.” Besides civil rights, Ginsburg took an interest in capital punishment, voting repeatedly to limit its use. During her tenure, the court declared it unconstitutional for states to execute the intellectually disabled and killers younger than 18. She voted most often with the other liberal-leaning justices, fellow Clinton appointee Breyer and two Republican appointees, John Paul Stevens and David Souter, then later with President Barack Obama’s two appointees, Sotomayor and Kagan. In the most divisive of cases, Ginsburg was often at odds with the court’s more conservative members. Yet she was personally closest on the court to Justice Antonin Scalia, her ideological opposite. She once explained that she took Scalia’s sometimes biting dissents as a challenge to be met. “How am I going to answer this in a way that’s a real putdown?” she said. Scalia died in 2016. As for her own dissents, Ginsburg said that some were aimed at swaying the opinions of her fellow judges while others were “an appeal to the intelligence of another day” in the hopes that they would provide guidance to future courts. “Hope springs eternal,” she said in 2007, “and when I am writing a dissent, I’m always hoping for that fifth or sixth vote — even though I’m disappointed more often than not.” Joan Ruth Bader was born in Brooklyn in 1933, the second daughter in a middle-class family. Her older sister, who gave her the lifelong nickname “Kiki,” died at age 6, so Ginsburg grew up in Brooklyn’s Flatbush section as an only child. Her dream, she has said, was to be an opera singer. Her mother, Celia Bader, died of cancer the night before Ginsburg, then 17, was to graduate from high school. Celia Bader never attended college but worked as a bookkeeper. In a public television documentary about Jewish Americans, Ginsburg said, “What’s the difference between a bookkeeper in New York’s Garment District and a U.S. Supreme Court justice? One generation.” She first gained fame as a litigator for the Women’s Rights Project of the American Civil Liberties Union. She had worked on the legal team that persuaded the high court to rule for the first time ever in 1970 that a state had violated the Constitution by denying women equal treatment. At argument sessions in the ornate courtroom, Ginsburg was known for digging deep into case records and for being a stickler for following the rules. She was more comfortable than most with long silences, and in the several interviews Ginsburg granted this reporter in her office at the court, it was difficult, but rewarding, to resist the natural tendency to fill those silences with another question. The most interesting things she said typically followed long pauses. Appearing at a law school forum in 2008, she noted with relief that there was no retirement age for U.S. judges. “We hold our offices during good behavior,” Ginsburg said, citing language from the Constitution. “So all of my colleagues behave very well.” She married her husband, Martin, in 1954, the year she graduated from Cornell University. She attended Harvard University’s law school but transferred to Columbia University when her husband took a law job in New York. Ginsburg had graduated at the top of her Columbia Law School class but could not find a law firm willing to hire her. She later said she’d had more than her share of “mazel” — the Hebrew word for luck — to help her along in life. “Suppose there had been a Wall Street firm interested in hiring me? What would I be today?” she intoned in 2007. “A retired partner.” Martin Ginsburg went on to become a prominent tax attorney and law professor at Georgetown University. Ginsburg was a law professor at Rutgers University and Columbia, then later a federal appeals court judge for 13 years. Theirs was an equal partnership in which Martin Ginsburg was the undisputed master of the kitchen, often baking cakes for the justices’ birthdays. In 1999, Ginsburg had surgery for colon cancer and received radiation and chemotherapy. She had surgery again in 2009 after being diagnosed with pancreatic cancer and in December 2018 to remove cancerous growths on her left lung. In 2019, doctors treated Ginsburg with radiation for a tumor on her pancreas. She maintained an active schedule even during the three weeks of radiation. When she revealed a recurrence of her cancer in July 2020, this time with lesions on her liver that were treated with chemotherapy every two weeks, Ginsburg said she remained “fully able” to continue as a justice. She is survived by two children, Jane and James, and several grandchildren. Her determination was perhaps most evident on the day the court met for the final time in June 2010. Her husband had died a day earlier, and her children told her their father would want her to go to work. The justices filed into the courtroom that Monday, and Ginsburg was there.	cc/2021-04/en_head_0017.json.gz/line1023
__label__wiki	0.972089	0.972089	The GOP fight against voting by mail By Benjamin BarberApril 21, 2020 massie_ralston_official.jpg U.S. Rep. Thomas Massie of Kentucky (left) and Georgia House Speaker David Ralston (right) are among the Republican leaders who are fighting expanded mail-in-voting in response to the COVID-19 epidemic. Massie tweeted that it would be "the end of our republic as we know it," while Ralston said it would be "extremely devastating to Republicans and conservatives in Georgia." (Official photos.) Earlier this month, after Wisconsin's Republican-led legislature refused to allow an expansion of mail-in voting, GOP officials and judges forced the state's voters to choose between casting their ballot and risking their health during the coronavirus lockdown. Milwaukee health officials have already identified seven people who have contracted the coronavirus because of in-person voting during the April 7 state primary. Voters were also forced to endure difficult conditions, including shuttered polling places and long lines. Voting rights advocates warn that failing to guarantee alternatives to in-person voting amid a national health emergency will ultimately lead to a surge in disenfranchisement, especially among communities of color and poverty-stricken Americans. Across Wisconsin, voter turnout remained relatively high, with estimates showing that it was up 34 percent over the 2012 presidential primary and about equal to 2008. But voters of color encountered more difficult conditions. In Milwaukee, which is home to two-thirds of the state's black population, only five of 180 polling stations were open on Election Day. "The chaos in Wisconsin is exhibit A for why the U.S. needs to adopt universal vote by mail & every state should send a ballot to all registered voters or else we'll see voter suppression on an unprecedented scale in November," voting rights expert Ari Berman wrote on Twitter. As of now, 34 states allow voters to cast absentee ballots by mail without providing a reason. They include Virginia, which earlier this month removed the requirement that voters provide a reason for being unable to vote in person when requesting absentee ballots, and Georgia, which is mailing absentee request forms to nearly 7 million voters ahead of the state's May primary. Of the other 16 states that bar unexcused absentee voting, nine are in the South: Alabama, Arkansas, Kentucky, Louisiana, Mississippi, South Carolina, Tennessee, Texas, and West Virginia. However, Alabama recently added the coronavirus to the list of reasons for which voters can request an absentee ballot. Restrictions on mail-in-voting have already sparked legal challenges in some states. In Texas, for example, a district court judge last week issued a temporary injunction expanding the definition of "disability" in the state's vote-by-mail provision to allow all registered voters to cast ballots by mail if they’re concerned about contracting the coronavirus. The lawsuit was brought by the Texas Democratic Party. "Voting by mail is safe, secure, and accessible," said Texas Democratic Party Chair Gilberto Hinojosa. "It allows more voters to participate in our democracy, and it's a commonsense way to run an election, especially during a public health crisis." However, Republican Attorney General Ken Paxton issued a statement arguing that the expansion of mail-in-voting would "undermine the security and integrity of our elections," and he has filed a notice that he plans to appeal. 'Little evidence of fraud' Most Americans agree that an expansion of mail-in-voting is especially needed during this public health crisis, including 57 percent of Republican voters. According to a poll by the Brennan Center for Justice, a voting-rights advocacy group, four out of five Americans believe states should give voters the option of unexcused voting by mail during the upcoming November election. But the GOP has aggressively campaigned against expanding mail-in voting, even in the face of the deadly pandemic. With help from President Trump, who voted by mail last month in Florida's Republican primary, Republican leaders have attacked the idea of expanded mail balloting as susceptible to fraud and said it would hurt the GOP's chances of winning. For example, U.S. Rep. Thomas Massie, a Kentucky Republican, said on Twitter that universal mail voting would be "the end of our republic as we know it." Georgia House Speaker David Ralston (R) said that it would be "extremely devastating to Republicans and conservatives in Georgia," while North Carolina Senate President Pro Tem Phil Berger (R) said, "There is zero trust that this process would be fair and transparent." And Alabama Gov. Kay Ivey has said that it "raises the potential for voter fraud." However, there's little evidence of a strong partisan effect from voting by mail. In fact, a recent study from Stanford University found that no party enjoys an advantage when a state shifts to universal vote-by-mail. There's also little evidence of significant fraud related to mail-in voting, which the U.S. military has used since the Civil War. A comprehensive 2012 study of voter fraud found that of all the cases identified in the U.S. between 2000 and 2012 only 491 involved absentee ballots. Notably, the only incident of large-scale mail-in voting fraud affecting an election in recent history was an absentee-ballot scheme in North Carolina's 9th Congressional District race in 2018 that benefited the Republican candidate. 'No magical solution' Republicans' misleading claims about mail-in ballots fit with a decade-long GOP campaign to stoke fears of fraud to sell policies that suppress the vote. Since the 2010 Republican wave gave the party control over legislatures across the South, the GOP has cited voter fraud to justify passing laws such as voter ID that have been shown to curb voting and have a disparate impact on the voting power of African Americans, Latinos, women, and young people. The Republican push to limit voting intensified after 2013, when the U.S. Supreme Court in the Shelby County v. Holder case out of Alabama weakened the Voting Rights Act of 1965 by effectively striking down the requirement that states which have violated the VRA must get federal preclearance before implementing new voting policies. In Shelby's wake, 11 of the 13 Southern states adopting restrictive new voting measures. Of course, voting by mail is not without its problems. Voting rights advocates note that a shift to all-mail-voting could hurt communities of color because of poorer mail service and language barriers; people with disabilities, who often rely on accessible voting stations and assistance from poll workers; and younger voters, who lack guidance around absentee ballots. According to the U.S. Election Assistance Commission (EAC), more than 430,000 mail-in ballots were rejected in 2018 because of minor discrepancies like mismatched signatures, missing addresses, and incorrect birth years — and these uncounted ballots were overwhelmingly from younger, poorer, and non-white Americans. During the 2018 mid-term election in Gwinnett County, Georgia, 14.8 percent of Asian-American voters, 8 percent of Black voters, and 4.3 percent of Latinx voters had their absentee ballots rejected, compared to 2.5 percent of white voters, reports the Lawyers' Committee for Civil Rights Under Law. Experts say that a move to 80 percent mail-in voting nationally could lead to 25 million voters being disenfranchised if safeguards are not put in place. To keep that from happening, voting rights advocates have called for measures to be put in place ahead of the general election to protect voters who choose to cast their ballots by mail. They include having the government provide prepaid postage so those costs aren't effectively a poll tax, reforming signature-matching laws, and allowing voters an opportunity to fix discrepancies before their ballots are rejected. But civil rights groups note that voting by mail is no panacea, and that the current crisis has created an urgent need to embrace multiple electorate-expanding voting policies that have been advocated for years, including online voter registration, the relaxation of strict voter ID laws, making Election Day a holiday, and expanding early voting. Advocates have also called for guaranteeing viable in-person voting options in order to ensure that individuals from marginalized communities are not locked out of the election. Some states have begun to implement these changes ahead of the November elections. Last month, for example, North Carolina's executive branch expanded online voter registration options because of COVID-19 outbreak. This month, Virginia lawmakers passed legislation that makes Election Day a holiday, removes the photo ID requirement, and expands early voting. And this week, the Texas Democratic Party announced that it plans to send voter registration applications and postage stamps to everyone who requests one through a new website, regardless of party. "Just like there is not one way to suppress the vote, there is not one intervention that is going to magically make all the limitations in the system go away," said Myrna Pérez, director of the Brennan Center's voting rights and elections program. Shelby v Holder voting rights act 1965 mail-in-voting phil berger Wisconsin Primary @benbarber96 Benjamin Barber is a researcher and writer with Facing South. Email Benjamin Barber Violent far-right rallies fueled by baseless voter fraud claims Southern states' early voting numbers reveal excitement — and challenges Will one of NC's chief voter suppression architects back expanded mail-in voting? Southern primaries offer critical lessons for November	cc/2021-04/en_head_0017.json.gz/line1025
__label__wiki	0.837604	0.837604	Photo added by Ruggero Mary Welsh Hemingway Walker, Cass County, Minnesota, USA 27 Nov 1986 (aged 78) Ketchum, Blaine County, Idaho, USA Ketchum Cemetery Ketchum, Blaine County, Idaho, USA Show Map 9624 · View Source Literary Folk Figure. A respected journalist, she is remembered as the last of Ernest Hemingway's four wives and as literary executor of one of one of the most important estates in history. Raised in rural northern Minnesota, she graduated from Northwestern University and in 1932 joined the staff of the "Chicago Daily News". She left in 1938 to marry a man named Lawrence Cook, but following the break-up of the brief union returned to the "Daily News" where, in an ironic twist, her boss was the second husband of Hemingway's first wife Hadley. Mary moved to Paris as a correspondent for "Time" and "Life", but when Paris fell she relocated to London, worked for the "London Daily Express", covered Churchill's press conferences, and married Australian journalist Neil Monks. In 1944 Mary met Ernest Hemingway and the two began a sexual relationship despite the fact that she was still married to Monks and he was still tied, at least on paper, to Martha Gellhorn. Papa had a temper and the sailing wasn't always smooth, but after both got their divorces the pair married in Cuba on March 14, 1946. Their relationship was complicated and while they were undoubtedly devoted to each other it was understood that Papa could not financially afford another divorce. The couple lived at Hemingway's Havana home, the Finca Vigia, and in August of 1946 Mary suffered an ectopic pregnancy. Hemingway was never an easy man to live with and by that time he was in decline, aged beyond his years by hypertension, diabetes, heart disease, heavy drinking, and hard living, and the duty of trying to mitigate that decline and hide it from the world fell to Mary. She put up with Papa's drunkeness, bad manners, and verbal abuse, and, at what cost to her self respect one can only imagine, with his six year long infatuation with pretty Italian teenager Adriana Ivancich. Still, Hemingway wrote, working on a massive novel entitled "The Garden of Eden" which would not be released until 1986, long after his death, and then only with major revisions and condensations, and in 1950 publishing "Across the River and Into the Trees", a work felt by many authorities to be his nadir and in which Adriana makes an overt appearance as Renata. Stung by criticism of his book, Papa became depressed and Mary had to encourage him as best she could; indeed, as he worked on "The Old Man and the Sea", "Life" magazine, which had agreed to publish it, secretly hired James Michener to back-check the piece as they feared that what one wag had dubbed "Across the Street and Into the Bar" was now as good as Hemingway could do. Mary had to console her husband thru the October 1, 1951 sudden death of his second wife Pauline, a circumstance made worse by Papa's guilt over having had a monumental long distance telephone fight with Pauline the night before she died. In the event, no one need have worried about "The Old Man and the Sea" as Hemingway had written a classic for the ages, providing "Life" with a one-day sellout of the relevant issue and Scribner's with a massive best-seller, as well as earning him his only Pulitzer Prize. As her husband's spirits were temporarily lifted by his success, Mary accompanied him on an African safari that would be fictionalized in the posthumously published "True at First Light" (1999); in early 1954 the pair survived two small plane crashes in two days with Hemingway sustaining injuries from which he never fully recovered. As he read his premature obituaries, he drank to ease the pain while his mood and manner degenerated from difficult to impossible. When Papa was awarded the 1954 Nobel Prize in Literature, an honor that he felt may have been triggered by the erroneous news of his death, he was too ill to attend the awards ceremony and sent a recorded acceptance speech in his stead. Thru all the difficulties, Hemingway continued to work hard on "A Moveable Feast" and "True at First Light", and as rumors circulated that the great author was visiting the Mayo Clinic for electro shock therapy Mary managed to keep the facts from the general public. In 1959 she relocated with him to Ketchum, Idaho, and later that year joined him on a trip to Spain where he covered a bullfighting 'rivalry' between Luis Miguel Dominguin and Antonio Ordonez for "Life", the notes to be edited and published in 1985 as "The Dangerous Summer". Hemingway's father, Dr. Clarence "Ed" Hemingway, had committed suicide in 1928 and he had written as far back as the 1920s that he would probably one day do the same; on Sunday morning July 2, 1961, shortly after his return from yet another trip to the Mayo Clinic, Ernest Miller Hemingway, sick, depressed, and old before his time, blew his brains out with his favorite 12 gauge Boss shotgun, Mary inexplicably having left the gun cabinet key in plain sight. As she had covered-up his illness, Mary, with help, covered-up his death, partly to protect his reputation and partly to enable him to receive a Catholic burial. The absurdity of a firearms expert killing himself "by accident" while cleaning a double barrel shotgun was obvious and Mary eventually had to confirm the facts to the world. In the aftermath, Mary became Hemingway's literary executor, and thus was responsible for the publication of "A Moveable Feast" (1964), "Islands in the Stream" (1970) and "The Garden of Eden" (1986), though with help from Papa's sons Jack (by Hadley) and Patrick (by Pauline). She also retrieved a vast treasure trove of personal papers left behind at the Finca Vigia at the time of the move to Idaho; by the time Mary wanted to get at the material the house had been nationalized and a travel ban to Cuba was in effect, and thus she called on Jackie Kennedy for help. Deals were cut, pushed along by JFK and Castro both being big Hemingway fans, and Mary went to Cuba and brought back what she wanted. Mary's story is told in her 1976 autobiography, "How It Was", in Bernice Kert's 1983 "The Hemingway Women", and in each of the various Hemingway studies. She lived out her days in Manhattan and died following a protracted illness. Today the Ketchum home is a museum, the Finca Vigia has been more-or-less maintained by the Castro government, the Hemingway papers are preserved in a designated Hemingway Room at the John F. Kennedy Presidential Library in Boston, and Papa's entire canon is still, and probably forever, in print. Bio by: Bob Hufford 1899–1961 (m. 1946) See more Hemingway or Welsh memorials in: Ketchum Cemetery Hemingway or Welsh Ketchum Hemingway or Welsh Blaine County Hemingway or Welsh Idaho Hemingway or Welsh USA Hemingway or Welsh Find a Grave Hemingway or Welsh How famous was Mary Welsh Hemingway? What was Mary famous for? How famous is this person? Sign-in to cast your vote. Maintained by: Find a Grave Find a Grave Memorial 9624 Find a Grave, database and images (https://www.findagrave.com : accessed ), memorial page for Mary Welsh Hemingway (5 Apr 1908–27 Nov 1986), Find a Grave Memorial no. 9624, citing Ketchum Cemetery, Ketchum, Blaine County, Idaho, USA ; Maintained by Find A Grave . Add Photos for Mary Welsh Hemingway Fulfill Photo Request for Mary Welsh Hemingway your computer for Mary Welsh Hemingway memorial. I thought you might like to see a memorial for Mary Welsh Hemingway I found on Findagrave.com.	cc/2021-04/en_head_0017.json.gz/line1029
__label__wiki	0.868061	0.868061	Sunderland Flying Boat The Short Sunderland has made an indelible mark in the annals of aviation history as the most iconic flying boat ever to take to the skies. Operating exclusively from water, the Sunderland has had a long and varied history. During World War 2 the aircraft spearheaded the U-Boat hunting patrols in the Atlantic Ocean, recording the first Allied kill in 1940. The Sunderland also excelled in maritime search and rescue operations and heavy transport duties, at times moving over 80 men and supplies in Mediterranean airlifts! Post-War the Sunderland continued to excel, notably with the British North Greenland Expedition ferrying supplies deep into the Arctic Circle. The package includes a lavishly recreated simulation of the Sunderland MK III, widely regarded as the definitive variant to be deployed around the world. From the cockpit layout through to the crew rest area the Short Sunderland has been modelled in exquisite detail with the support of the Sunderland Trust, to ensure absolute accuracy! Take to the skies in the most authentic Sunderland ever to fly in Flight Simulator with a wide range of liveries from the RAF, Commonwealth Forces and civilian operators. A wide range of included missions (FSX only) puts your flying skills to the test with challenging sorties around the world! Also included are detailed pilots notes and a wealth of historical reference in this special collector's edition that is sure to delight fans of this unique aquatic aircraft. Show more Show less Suitable for people aged 3 and over.	cc/2021-04/en_head_0017.json.gz/line1031
__label__wiki	0.802246	0.802246	Charges: Woman assaulted police officer after allegedly throwing child off St. Paul balcony Itayvia Lloyd is charged with assaulting a police officer. She was arrested after admitting to police she threw her son off a fourth floor balcony. More charges are expected later today. (Ramsey County Jail) ST. PAUL, Minn. (FOX 9) - A 33-year-old woman accused of throwing her 11-year-old son from a fourth floor balcony in St. Paul, Minnesota Monday is now charged with assaulting a police officer while she was being taken into custody. She was also charged with attempted murder. Itayvia Lloyd is charged with two counts of fourth-degree assault of a police officer. According to police, Lloyd's son is in serious condition after she reportedly pulled him out of bed and threw him off the balcony of their fourth floor apartment on the 700 block of Hampden Avenue. The 911 caller reported seeing a child falling from the fourth floor balcony and thought it was a suicide attempt. Boy injured after being thrown from balcony in St. Paul An 11-year-old boy is in serious condition after his mother pulled him out of bed and threw him off the balcony of their fourth floor apartment in St. Paul, Minnesota Monday morning. When officers arrived, they found a boy lying in the courtyard of the apartment complex, suffering from serious injuries. At the time, he was not able to tell officers what had happened. Paramedics responded to the scene and transported the victim to Regions Hospital. He has at least one broken femur, a fractured jaw and head injuries. Lloyd told police she threw her son over the balcony. She was then taken to the St. Paul Police Department headquarters. According to the criminal complaint, an officer approached Lloyd on her left side and told her to put her hands behind her back. As the officer grabbed her left arm, Lloyd "pulled away, cocked her right arm and threw a punch" at the officer. The officer blocked the punch with her hand, and Lloyd was placed in handcuffs. Lloyd was taken to a holding cell where officers say she appeared agitated. An officer "stayed with her to try to keep her calm," but Lloyd stood up, approached the officer and spat on his face.	cc/2021-04/en_head_0017.json.gz/line1032
__label__wiki	0.94481	0.94481	Stamkos, Kucherov lead Lightning to 6-0 win over Stars Canadian women beat US 4-3 to tie Rivalry Series California judge signs warrant for Nebraska RB Washington LINCOLN, Neb. (AP) — A California judge has signed an arrest warrant for Maurice Washington, clearing the way for the Nebraska running back to return to his home state to face charges related to his possession and distribution of a video of his former girlfriend being sexually assaulted by two other people in 2016. "We expected this, and were prepared for it," Washington attorney John Ball wrote in an email Thursday. "I have also specifically confirmed that we will continue to move forward with a self-surrender, meaning that Mr. Washington will not be arrested or extradited, and that he will voluntarily appear in court in California." Ball also said he is in discussions with the prosecutor about possible resolutions. Washington is accused of obtaining a video of the assault from one of the perpetrators, storing it on his cellphone and sending it to the girl last March. He has been charged with a felony count of possessing a video or photograph of a person under 18 who is engaging in or simulating sexual conduct and a misdemeanor count of distributing that video without consent, leading to the person suffering emotional distress. Washington was a star at King's Academy in Sunnyvale, California, where he met the girl and the two dated. He later attended high school in Texas. The girl told investigators she re-connected with Washington on Instagram early last year and initiated contact to congratulate him for earning a football scholarship. Washington, in Texas at the time, then made sexual advances on the social media platform, the girl said, and he became angry when she replied she was not interested in a romantic relationship. On March 2, she said, she received a text with the video and a message that said, "Remember this hoe (sic)?" The girl said she knew it came from Washington because the phone number was the same as the one Washington had when the two were cordial. "This is about two young people who were once boyfriend and girlfriend in the eighth grade, and their communications years later," Ball wrote. "Without all the facts, any judgment of anything in this case is premature, and would be based only on speculation and conjecture. Mr. Washington is presumed to be innocent. He will address this case in a court of law, relying on rules of evidence and due process." Santa Clara County prosecutor Clarissa Hamilton said from San Jose, California, that one or both of the participants in the alleged assault were prosecuted in juvenile court. The charge or charges were unknown because juvenile records are sealed. Bowl Subdivision Time to Buck Up Before the Big Ten title game, Ohio State QB Justin Fields joined Joel Klatt on 'Breaking the Huddle' to preview the matchup. Big Ten Alters Six-Game Rule Despite playing only five games, Ohio State will face Northwestern in the Big Ten championship on Dec. 19. What You Need to Know: Big Ten Begins Here comes the Big Ten, featuring a top 25 matchup and the return of Justin Fields in its debut weekend. Big Questions for the Big Ten Ryan Day and James Franklin joined Big Noon Kickoff Saturday, as the crew unveiled the Big Ten slate and examined the season. Pac-12 Pushing for Winter Start On the heels of a major breakthrough with COVID-19 testing, November football is now a real possibility for the Pac-12.	cc/2021-04/en_head_0017.json.gz/line1033
__label__wiki	0.974686	0.974686	Royals suffer first spring loss, 12-5 to Rockies Bucks sign guard Canaan to 10-day contract Devils trade Kinkaid to Blue Jackets for 5th-round pick NEWARK, N.J. (AP) — The New Jersey Devils cleared the way for goaltending prospect Mackenzie Blackwood to rejoin the team by trading goaltender Keith Kinkaid to the Columbus Blue Jackets for a fifth-round draft pick in 2022. The Devils announced the deal Monday, hours before they made a second move on deadline day, trading forward Marcus Johansson to the Bruins for Boston's second-round pick this year and their fourth-round pick in 2020. New Jersey will retain 40 percent of Johansson's salary in the transaction. New Jersey, which is unlikely to get back to the postseason this year, also moved center Brian Boyle and defenseman Ben Lovejoy in the days leading up to the deadline. In return for the players who were going to be free agents after this season, it collected five draft picks and 24-year old defenseman Connor Carrick. "The Kinkaid thing was not even so much about Keith," general manager Ray Shero said. "He's done a great job here especially last season as we all know, but it was more about getting a chance for Mackenzie Blackwood up here with Cory (Schneider). Kinkaid had a 15-18-6 record in 41 games with a 3.36 goals-against average and .891 save percentage. The 29-year-old spent the past five seasons with New Jersey, posting a 64-55-17 record in 151 games with a 2.90 goals-against average and a .906 save percentage. The undrafted free agent played his best in the second half of last season, taking over for an injured Schneider and leading the Devils to their first playoff spot since reaching the Stanley Cup Final in 2012. "For Keith, it was a situation where I think he's getting a different opportunity," coach John Hynes said. "For us, we're excited to see Mackenzie. For Keith, it is something for him, he's learned a lot here. He's played well and he's been a big part of our team. It's more of the nature of the business than it is him needing a change." Blackwood, who was recalled from the AHL after the Kinkaid trade, was 6-4-0 in 13 games with New Jersey earlier this season. He had a 2.37 GAA. Shero also took the time to talk about MVP Taylor Hall, who has been sidelined with a lower-body injury since Christmas time. He has been skating but the team has never discussed the exact nature of his injury. Shero said the Devils expect to know more in the next week about Hall, defenseman Sami Vatanen (concussion) and forward Stefan Noesen (lower body). "He definitely wants to play," Shero said of Hall. "He's a hockey player. To me whether it's Sami as I said, or Stef or Taylor they all love to play. At the same time, it's not so much where we are in the standings. They all love to play and get back and play. But it's not going to be a situation where we rush anyone back. I think the same thing will apply to Taylor." Hall has played in 33 of the Devils' 63 games this season with 11 goals and 26 assists. NHL's 5OT Thriller Leads To In-Game Jokes The Lightning opened up the Stanley Cup Playoffs with a hard-fought win, while the game ops crew had an MVP performance.	cc/2021-04/en_head_0017.json.gz/line1034
__label__wiki	0.954989	0.954989	TP keen to avoid Euro hangover The Potters go into the Premier League clash at the Liberty Stadium off the back of two impressive results over the past few days, a 2-1 come-from-behind victory against Turkish side Besiktas in the Europa League on Thursday and last weekend's 1-1 draw with Manchester United, both at home. A fortnight earlier, the Staffordshire outfit had overcome Liverpool 1-0 at the Britannia Stadium and then held Dynamo Kiev to a 1-1 draw in Ukraine in their Europa League Group E opener, only to be hammered 4-0 at Sunderland on the Sunday. It was their first - and to this point sole - defeat of the campaign, and Pulis is keen to avoid a repeat against the Swans. "The big challenge is raising your game for matches in a week, which is what we need to do at Swansea after the excellent results against Manchester United and Besiktas," Pulis told the club's official website. "We had a similar sequence in the lead-up to Sunderland when we beat Liverpool and then drew out in the Ukraine against Dynamo Kiev, so that is a sobering reminder of what can happen if we're not right on it in this instance. "I'm told the record books show that sides who have successful Europa League campaigns find that their league form drops off as a result, so it will be very interesting to see what happens, but we are very mindful of that." Pulis is also well aware of the threat posed by newly-promoted Swansea, the Premier League's first Welsh club who recorded their maiden victory in the division in their last home game with a 3-0 triumph against West Brom. "Swansea have done fantastically as a football club over the past five or six years - not just since (their manager) Brendan Rodgers came in, but prior to that as well," Pulis said. "They have built a smashing football club there with an almost brand new stadium which has a fantastic atmosphere. "I've watched them twice this year and they are a very, very good side. They pass the ball around well and they have good players. "He (Rodgers) has put a belief into them that they can win matches. "You only have to look at the result against West Brom to see what they can do, so it is going to be a massive game for us and a tough one." As a proud Welshman, Pulis wants to see Swansea flourish this term - aside from Sunday and when they visit the Britannia Stadium, of course. "I hope Swansea do well all season apart from in the two games where they play Stoke," Pulis said. "I'd love Newport County to be promoted from the conference, Cardiff to get promoted out of the Championship and Swansea to stay in the Premier League. That would be a great year for Welsh football."	cc/2021-04/en_head_0017.json.gz/line1035
__label__wiki	0.971295	0.971295	Thursday Jun 07 2018 Yemen peace plan sees ceasefire, Houthis abandoning missiles Thursday Jun 07, 2018 A photo distributed by the Houthi Military Media Unit shows the launch by Houthi forces of a ballistic missile aimed at Saudi Arabia, March 25, 2018. Houthi Military Media Unit/Handout via Reuters/Files WASHINGTON: A UN peace plan for Yemen calls on the Houthi movement to give up its ballistic missiles in return for an end to a bombing campaign against it by a Saudi-led coalition and a transitional governance agreement, according to a draft of the document and sources. The plan — which has not yet been made public and could still be modified — is the latest effort to end Yemen’s three-year-old civil war, which has spawned one of the world’s worst ongoing humanitarian calamities. The conflict pits the Iran-aligned Houthis, who took control of the capital Sanaa in 2014, against other Yemeni forces backed by a coalition led by US allies Saudi Arabia and the United Arab Emirates (UAE). The coalition fears the Houthis are part of a regional power grab by Tehran. Previous efforts to end the conflict, which, according to the United Nations, has killed more than 10,000 people, have failed. It is unclear whether the new plan will fare any better given the divergent interests of fighters on the ground and international backers. A draft document seen by Reuters and confirmed by two sources familiar with it says that as a step toward new security arrangements, “Heavy and medium weapons including ballistic missiles shall be handed over by non-state military actors in an orderly and planned fashion.” “No armed groups shall be exempt from disarmament,” it says. The sources, who spoke on condition of anonymity, confirmed that the language included the Houthis, who have launched ballistic missiles at neighbouring Saudi Arabia. The document also cites plans to create a transitional government, in which “political components shall be adequately represented”, in an apparent nod to the Houthis, who would be unlikely to cede Sanaa without participation in a future government. “The intention is to link security and political aspects starting with a cessation of fighting … then to move towards a withdrawal of forces and the formation of a national unity government. This last objective could possibly be the hardest,” one of the sources said. The peace plan was drafted by special UN envoy Martin Griffiths, who is due to present a “framework for negotiations” in Yemen by mid-June. Anwar Gargash, the UAE’s minister of state for foreign affairs, signalled Abu Dhabi’s desire to support Griffith’s efforts. “Politically, there is a necessity to back the UN effort. It will ultimately mean a transition, to a new political order in Yemen. Clearly, with the UN effort, the military and political process will see the Houthis pull out of urban centres,” he told UAE English-language newspaper The National. Port city standoff UAE-backed Yemeni forces and the Houthis are in a standoff over the Houthi-controlled Red Sea port of Hodeidah. The Emirati-backed Yemeni forces, who are loyal to exiled Yemeni President Abdrabbuh Mansur Hadi have moved to within 10 kilometres (six miles) of Hodeidah, a lifeline for humanitarian supplies. Griffiths is in the Middle East working on a separate deal to stave off an assault on Hodeidah The wider peace plan appears designed to win a quick ceasefire while leaving many thorny issues for later negotiation. Issues such as constitutional and electoral processes, and reconciliation among the sides would be dealt with later as part of a transition agenda, it says. The draft document calls for establishing an inclusive transition government, led by an agreed-upon prime minister, “in which political components shall be adequately represented”. The plan offers no further detail on how much representation the Houthis might receive in such a transition government. A national military council would oversee steps for “phased withdrawal of armed groups from specific areas” and the handover of weapons, including ballistic missiles. UN-backed peace talks between the Houthis and the Yemeni government were last held in Kuwait in August 2016. University students protest against on-campus exams in Islamabad	cc/2021-04/en_head_0017.json.gz/line1039
__label__wiki	0.972299	0.972299	George Fox homepage George Fox again named first-tier regional university by U.S. News & World Report in 2013 'America's Best Colleges' rankings School named one of “America’s Best Colleges” for 24th time and among top 25 in “Best Regional Universities” West category George Fox University again received a first-tier ranking from U.S. News & World Report magazine in its 2013 “America’s Best Colleges” issue, released Sept. 12. The Newberg, Ore.-based university ranks 23rd out of 121 in the “Best Regional Universities” West category. The ranking marked an improvement for George Fox, which moved up two spots in the category from a year ago. George Fox also is listed as one of the magazine’s “A-Plus Schools for B Students,” comprised of colleges and universities that are considered a “top college” while “admitting a meaningful proportion of applicants whose test scores and class standing put them in non-‘A’ territory,” according to the magazine. The average grade point average for incoming students at the university is 3.6 (on a scale of 4.0). Colleges in the “Best Regional Universities” category provide a full range of undergraduate and master’s-level programs, but few doctoral programs. Nationally, the category includes 625 universities and colleges, with 121 ranked in the 15-state western region. The rankings – including the component information on each college’s score – are available online at usnews.com. The magazine’s 2013 Best Colleges guidebook will be available in stores Sept. 18. This is the 24th year George Fox has been ranked as one of “America’s Best Colleges” by U.S. News & World Report. The university made the magazine’s first ranking in 1988.	cc/2021-04/en_head_0017.json.gz/line1040
__label__cc	0.749787	0.250213	Evangelist Dr. Bridget Newton to host empowering, spiritual events for women Attendees will discover a spirit of ‘authentic sisterhood’ Dr. Bridget Newton will combine her wealth of leadership, expertise and spiritual enlightenment with her passion to inspire women through messages that encourage, empower and transform during two upcoming multi-day events in Greenville, N.C. Women who desire to maximize their potential, discover their destiny and live a life beyond status quo are invited to register for the 2017 fall session of The LADY Institute. The program will be held over the course of four Saturdays: Sept. 23, Oct. 7, 14 and 28. All classes will take place from 10 a.m. to noon at The Oakwood School, 4000 MacGregor Downs Rd in Greenville. “The Institute is designed to empower women in every aspect of life; therefore aiding them in becoming the best version of themselves” said Dr. Newton, founder, and CEO of The LADY Institute. The vision of The LADY Institute is “Growing Women from the Inside Out.” Topics for the fall session include: Becoming an effective Decision Maker; Living life beyond the familiar; Discovering Right Connections; and Dealing with aspects of loss. “Our primary goal is to minister to the total woman,” Dr. Newton said. “We are a Three-part being, which means our lives consist of spirit, soul and body. Each of these areas must be effectively ministered to in order for us to come into the fullness of who we were created to be, and that is a totally fulfilled woman from the inside out. The registration fee for The LADY Institute is $99. A deposit of $50 is required at the time of registration (Aug.16-Sept. 22) with the remaining balance due by Oct. 14. During the last week of September, Dr. Newton will host the three-day “Back to Eden” Empowerment Conference at Victory Christian Assembly, 4748 Stantonsburg Rd. in Greenville. Evening sessions will be held at 7 p.m. Thursday, Sept. 28 and Friday, Sept. 29. The final day of the conference will begin at 10 a.m. Saturday, Sept. 30. The conference is designed to revive, restore and reignite the fire of God in the lives of women across the globe. The registration fee for the full conference is $20. “I am excited to bring women from around the nation in one place with one mind and one purpose,” Dr. Newton said. “We’ll be rejuvenated in God’s presence and also engage with each other in a spirit of authentic sisterhood.” The Sept. 28 thru 30 sessions include praise and worship rendered by Minister Robin Dunn of Rocky Mount, N.C., and keynote presentations by Pastor Ann Taylor of Fayetteville, N.C. Elder Myra Perkins of Williamston, N.C. will speak during the Sept. 30 session. “The conference is designed to reactivate a hunger and thirst for God’s presence that will cause us to return back to our first love,” Dr. Newton said. “It is designed to restore broken fellowship between the creature and the creator and between one another. We are expecting an unquenchable fire to implode our hearts and minds as we gather together in one accord and in one place. Online registration for both The LADY Institute and the “Back to Eden” Empowerment Conference is available at www.drbnewton.org/landing-page. For more information or questions, please call 252-341-8456. About Dr. Bridget Newton As an author, teacher, and evangelist, Dr. Newton is a sought-out transformational coach and empowerment specialist. She is a graduate of Jacksonville Theological Seminary where she received a degree in Biblical Studies. She also obtained her Master of Divinity from Christian Leadership University and her Doctorate from Covenant Theological Seminary. Dr. Newton is the author of “When Destiny Calls,” “The Life of a Dreamer,” “The Spirit of Resilience,” and “In Pursuit of Destiny,” all books geared toward the believer that is passionate and serious about discovering their life’s purpose and fulfilling their destiny. Company Name: Blue Artists Email: info@blue-artists.com Website: https://www.drbnewton.org/ CategoriesBusiness Previous PostPrevious Ulnar Nerve Treatment Market 2017 – by Types, Revenue, Shares and Demand by 2022 Next PostNext Chinese Well-known Designer Brings Made-in-China to London New York Fashion Week	cc/2021-04/en_head_0017.json.gz/line1041
__label__wiki	0.536569	0.536569	Home » Media releases » Cabinet statements Statement on the Cabinet Meeting of 21 August 2019 Cabinet met on Wednesday, 21 August 2019 at Tuynhuys in Cape Town Issues in the environment 1. National Health Insurance (NHI) 1.1 Cabinet calls on members of the public to engage with the NHI Bill, which is now before Parliament. The parliamentary process will afford the public another opportunity to engage with this Bill. 1.2 Once it is passed into law, the Bill will give effect to universal access to healthcare to all citizens in our country, irrespective of their socio-economic background. This right is enshrined in the Constitution of the Republic of South Africa of 1996. 1.3 Cabinet remains confident that the NHI will be implemented in a phased and responsible manner. An implementation plan will be developed and published once the Bill is passed into law. 2. State Visit to Tanzania and SADC Summit 2.1 Cabinet has received a report on President Cyril Ramaphosa’s State Visit to the United Republic of Tanzania, which also included a business delegation to advance intra Africa trade and investment. As part of the outreach programme, the President also visited Morogoro, which hosted South African freedom fighters. He laid a wreath at Mazimbu Tower in honour and memory of all South Africans who died in exile. 2.2 President Ramaphosa also led the South African delegation to the 39th Southern African Development Community (SADC) Ordinary Summit of Heads of State, where his Tanzanian counterpart, President John Pombe Magufuli, assumed the Chairpersonship of the SADC. 2.3 In his capacity as the SADC Facilitator to the Kingdom of Lesotho, President Ramaphosa presented a report on developments in the facilitation process during the SADC Troika Summit of the Organ on Politics, Defence and Security Cooperation held on Friday, 16 August 2019. 3. 28th BASIC Meeting 3.1 Cabinet has acknowledged the 28th Brazil, South Africa, India and China (BASIC) Climate Change meeting that took place in Brazil from 14 to 16 August 2019. 3.2 Cabinet also welcomed the ambitious climate change action undertaken by BASIC countries in support of international agreements in the pre- and post-2020 period, notwithstanding the multiple socio-economic challenges these countries are faced with. 3.3 Cabinet supported the call by the BASIC countries for developed countries to provide adequate finance, technology transfer and capacity-building to facilitate the effective implementation of the UN Framework Convention on Climate Change, its Kyoto Protocol and the Paris Agreement in a manner that does not increase the indebtedness of developing countries. B. Cabinet decisions 1. District Based Service Delivery Model 1.1 Cabinet approved the new District Based Service Delivery Model, as an important innovation in the implementation of service-delivery programmes. The model, which currently focuses on forty-four (44) districts and eight metros, will ensure coherence and integration in planning, budgeting and implementation of service delivery projects in all districts by all three spheres of government – national, provincial and local. 1.2 The model is anchored on the Intergovernmental Relations Framework Act, 2005 (Act 13 of 2005), which provides for a framework for a coordinated and integrated alignment of developmental priorities, and objectives between the three spheres of government. It is also meant to enhance other alignment initiatives like integrated development plans with a clear focus of implementing one plan in each district across all spheres of government. 1.3 President Ramaphosa will be the champion of the model, supported by Deputy President David Mabuza and the entire executive. Provincial Premiers and their Executive and local and district Mayors, together with their EXCO, will be part of the implementation of this district-based service delivery model. 2. President’s Coordinating Council (PCC) 2.1 President Ramaphosa convened the PCC, which was the first in this Sixth Administration, on Tuesday, 20 August. The District Based Service Delivery Model was presented to the PCC and accepted by all Provincial Premiers. 2.2 The meeting also agreed on the district prototyped projects to be visited by the President, which will include OR Tambo District in the Eastern Cape; Waterberg District in Limpopo and Ethekwini Metropolitan Municipality in KwaZulu-Natal. 2.3 The three prototyped projects to be visited include a rural district, a mining district and an urban metro. Whilst these will be the starting blocks on the district-based delivery model, the remaining 42 districts and seven metros will also be visited by President Ramaphosa and his government together with the provincial government leadership in the course of this sixth Administration. 2.4 The meeting also received presentation and discussed alignment of the nine Provincial Growth Development strategies to government’s Medium Term Strategic Framework 2019 – 2024. 3. India, Brazil and South Africa (IBSA) Fund Agreement 3.1 Cabinet approved for the submission of the IBSA Fund for the Alleviation of Poverty and Hunger (IBSA Fund Agreement) to Parliament for ratification. The agreement is between the Government of the Republic of India, the Government of the Federative Republic of Brazil and the Government of the Republic of South Africa. 3.2 The IBSA Fund was created in 2004 to pioneer impact-driven and people-centred efforts for the promotion of South-South Cooperation. 3.3 The fund has enabled South Africa to contribute meaningfully and substantively towards international efforts to alleviate extreme poverty and hunger in developing countries. It has also contributed successfully in promoting all the 17 SDGs in approximately twenty-one (21) partner countries. 4. 4th Ministerial Meeting of the African Capacity for Immediate Response to Crises (ACIRC) 41. Cabinet approved the hosting of the preparatory meeting of experts for the 4th Ministerial Meeting of the ACIRC Volunteer Nations from 30 August to 3 September 2019. 4.2 This supports and contributes to government’s priorities in promoting continental and regional peace and stability, and ensuring that African Union (AU) decisions related to harmonisation of the ACIRC Force and African Standby Force (ASF) activities are achieved. This will further ensure that the African Peace and Security Architecture is harmonised and operationalised. 4.3 South Africa and 12 other Volunteer Nations are part of ACIRC that was established in 2013 as an interim arrangement until the operationalisation of the ASF. C. Bills 1. Housing Consumer Protection Bill of 2019 1.1 Cabinet approved for the publication of the Housing Consumer Protection Bill of 2019, in the Government Gazette for public comments. 1.2 The Bill repeals the current Housing Consumer Protection Measures Act, 1998 (Act 95 of 1998). This new legal framework will regulate homebuilders and developers; expand the protection to housing consumers; introduces effective enforcement tools and prescribes appropriate penalties/sanctions to deter non-compliance by homebuilders. 1.3 The Bill also creates an enabling environment for new entrants into the homebuilding industry by introducing contractual provisions that ensure their sustainability in the market. 1.4 Subsidy and social housing projects now fall within the ambit of the Bill, to ensure the protection of consumers in that segment of the housing market. D. Upcoming events 1. TICAD VII Summit 1.1 President Ramaphosa will attend the 7th Summit of the Tokyo International Conference on African Development (TICAD VII) in Japan on 29 and 30 August 2019. The theme of the summit, “Advancing Africa’s Development through Technology, Innovation and People”, is aligned with the AU Agenda 2063 and continental priorities for integration. 1.2 This year’s TICAD VII Summit will discuss, amongst others, three overarching priorities: (i) accelerating economic transformation and improving business environment through innovation and private sector engagement; (ii) deepening sustainable and resilient society; and (iii) strengthening peace and stability. 1.3 Japan’s cooperation on regional and international issues is important to advancing the African Agenda and realising the principles of South-South Cooperation. 2. Group of Seven (G7) Summit 2.1 President Ramaphosa will lead the South African delegation to the G7 Summit in France from 24 to 26 August 2019, following South Africa’s invitation to attend as a key partner. 2.2 The G7 is a forum of the seven countries with the world's most industrialized and developed economies – France, Germany, Italy, Japan, the United States, the United Kingdom and Canada – whose government leaders meet annually to discuss important global economic, political, social and security issues. The upcoming G7 Summit will focus on fighting inequality, promoting gender equality, access to education and high-quality health services. 2.3 South Africa’s participation in the 2019 G7 Summit is guided by four strategic foreign policy pillars, (i) advancing national interest to attain domestic objectives; (ii) enhancing the African Agenda and promoting Africa’s sustainable development support; (iii) influencing a reformed global multilateral architecture; and (iv) advancing the agenda of the South by strengthening South-South Cooperation and North-South Dialogue. 3. World Economic Forum (WEF) on Africa 3.1 The 28th World Economic Forum on Africa will take place in Cape Town from 4 to 6 September 2019 under the theme: “Shaping Inclusive Growth and Shared Futures in the Fourth Industrial Revolution”. The forum aims to shape regional and industry agendas for the year ahead. 3.2 The programme will focus on how to scale up the transformation of regional architecture related to smart institutions, investment, integration, industry and innovation to advance the Fourth Industrial Revolution. 3.3 The presence of World Economic Leaders and Heads of State in our country presents a rare opportunity for South Africa to promote itself and advance our key priority of growing our economy. 4. 42nd General Assembly of the ISO 4.1 The South African Bureau of Standards in Cape Town will host the 42nd General Assembly of the International Organisation for Standardization (ISO) from 16 to 20 September 2019. 4.2 The ISO brings together experts to share their knowledge and develop voluntary consensus-based and market-relevant international standards that support innovation and provide solutions to global challenges. The 2019 ISO programme will establish strategies to deal with the challenges of climate change, the digital economy, economic growth and multilateral trade. 5. Integrated Government Public Service Month (PSM) in September 5.1 The upcoming programme for the PSM in September is a service delivery improvement programme which forms part of the Batho Pele (People First) Revitalisation Programme that promotes a professional public service culture of continued and incremental improvement in all areas of public service delivery. 5.2 The 2019 PSM Programme will be held under the theme: “Khawuleza”: Taking Services to the People: Batho Pele “We Belong, We Care, We Serve”. This gives momentum to President Ramaphosa’s call made in his 2019 State of the Nation Address for public servants to live up to the Batho Pele values and principles by putting people first. 5.3 The suite for the 2019 PSM Programme includes: Tourism Month – under the theme: “Tourism and Jobs – a better future for all”. Tourism is one of the sectors that has been creating jobs. Cabinet encourages South Africans to take a Sho’t Left and promote tourism in our nation, by taking advantage of the annual South African National Parks (SANParks) Week from 8 to 15 September 2019, where our national parks will be open to the public for free. South Africa is a home to 10 World Heritage Sites and an area of global niche tourism. Heritage Month – Heritage opens further opportunities for jobs and skills, providing platforms for performers, crafters and subsidiary industries. There is also a need to continue in our efforts to preserve, revitalise and promote indigenous languages, as part of protecting our heritage. Police Safety Month – initiated by the National Commemoration Day on 1 September, in remembrance of our heroes and heroines who died in the line of duty. This integrated programme gives effect to the National Development Plan which highlights the need for well-run and effectively coordinated state institutions with skilled public servants who are committed to the public good and capable of delivering consistently high-quality services, while prioritising the nation’s developmental objectives E. Messages 1. Condolences Cabinet sent condolences to the: government and people of Tanzania after a fuel tanker explosion tragically killed more than 90 people and also wished those injured a speedy recovery. family and friends of South African artist, designer and businesswoman, Ms Carrol Boyes (65), who passed on Wednesday, 14 August 2019. 2. Congratulations and well wishes wishes Justice Edwin Cameron well following his retirement after 25 years as a judge. Judge Cameron, who was appointed to the Constitutional Court in 2008, worked as a human rights lawyer during apartheid, defended those who fought against apartheid and fought for gay and lesbian equality. Cabinet commends his lifelong advocacy for human rights, as well as his fight for universal access to antiretrovirals. wishes iconic musician, Mr Caiphus Semenya, a blessed 80th birthday. Mr Semenya has contributed to the South African national songbook with classics such as Matswale, Angelina, Ziphi’nkomo, as well as the powerful collaborations like Ndiphendule with his wife, Mama Letta Mbulu. He has worked with international music producers, and received 37 Primetime Emmy Award nominations and won nine. He also received an Emmy Award for his role in creating the Roots soundtrack. He also contributed to the score to Disney’s The Lion King. wishes the Deputy National Director of Public Prosecutions, Advocate Silas Ramaite (SC) well, following approval by President Ramaphosa for him to take early retirement and vacate office in terms of Section 12 (8)(a) of the National Prosecuting Authority (NPA) Act, 1998 (Act 32 of 1998). Cabinet extends its appreciation for the contribution Advocate Ramaite made in the NPA and to the administration of justice broadly over the many years of his employment in the justice sector. congratulates Ms Sasha Maria Schwendenwein of investigative journalism television series, Carte Blanche, for her SADC Media Awards entry, which won second prize in the TV category. The story that won, “Follow the Guns”, was a co-production that looked at the scourge of rhino poaching. congratulates the Springboks and Banyana Banyana for flying the South African flag high and emerging victorious at the Rugby Championship and the COSAFA Women’s Championship, respectively. They are the pride of the nation and their achievements are an inspiration to young and promising athletes across the country. congratulates Ms Zozibini Tunzi, who was crowned Miss South Africa 2019 and wishes her well during her reign. She will represent the country at the Miss Universe and Miss World pageants. F. Appointments All appointments are subject to the verification of qualifications and the relevant clearance. Reappointment of Mr Fundisile Goodman Mketeni as the Chief Executive Officer of SANParks Ms Phumla Williams Acting Cabinet Spokesperson Cabinet statements Media Statement date: SAnews.gov.za Vuk'uzenzele Tshedimosetso House 1035 cnr Frances Baard and Festival streets HATFIELD, Pretoria, 0083 -25.746838, 28.231634 S 25°44.810, E 28°13.898 S 25°44'48.6", E 28°13'53.9" Copyright ©2021 Government Communication and Information System About the site \| Web manager \| Terms and conditions	cc/2021-04/en_head_0017.json.gz/line1042
__label__cc	0.614933	0.385067	Jim Sensenbrenner News about Jim Sensenbrenner US Senate leader pushes to extend NSA phone dragnet The U.S. Senate was deadlocked on Friday over whether to extend authorization for the National Security Agency's massive collection of domestic telephone records, with Majority Leader Mitch McConnell insisting the surveillance program should continue... US House of Representatives votes to narrow NSA's phone records collection The U.S. House of Representatives has voted to rein in the National Security Agency's bulk collection of the country's telephone records, while allowing the agency to engage in more targeted surveillance. Civil liberties groups oppose bill ending NSA's bulk phone records program Legislation intended to end the U.S. National Security Agency's bulk collection of domestic telephone records is drawing opposition from several unlikely sources, digital and civil rights groups. House committee approves bill to end NSA phone records program A U.S. Congress committee has overwhelmingly approved legislation designed to stop the bulk collection of U.S. phone records by the National Security Agency. US bill to rein in NSA phone data collection reintroduced A bipartisan group of U.S. lawmakers has reintroduced legislation aimed at ending the National Security Agency's bulk collection of telephone records across the country. News Apr 29 Features about Jim Sensenbrenner Debate over NSA surveillance shifts with judge's ruling, task force report After six months of contentious debate over U.S. National Security Agency surveillance programs, prompted by leaks from former government contractor Edward Snowden, the third week in December may have marked a major turning point. Features Dec 20 Microsoft Bluetooth® Mouse	cc/2021-04/en_head_0017.json.gz/line1044
__label__wiki	0.78806	0.78806	News about MetroPCS Court rules warrant not needed for cell phone location data Mobile phone users have "no reasonable expectation of privacy" for their location tracking data, and should expect police agencies investigating crimes to obtain that information without court-approved warrants, a U.S. appeals court has ruled. FCC chairman announces his resignation U.S. Federal Communications Commission Chairman Julius Genachowski announced Friday he will soon step down, following months of rumors that he would resign early this year. News Mar 22 Verizon files challenge to FCC's net neutrality rules Verizon Communications has filed a lawsuit seeking to overturn the U.S. Federal Communications Commission's net neutrality rules, the company said Friday. News Oct 01 ISP lawsuit: Net neutrality rules aren't strong enough A North Carolina ISP has filed a lawsuit challenging the U.S. Federal Communications Commission's net neutrality rules, with the ISP arguing the regulations aren't strong enough for wireless and mobile broadband providers like itself. Free Press files lawsuit on FCC's net neutrality rules Advocacy group Free Press has filed a lawsuit challenging the U.S. Federal Communications Commission's net neutrality rules, with the group arguing the new regulations are too weak. News Sep 29 Brother MFC-L3745CDW Colour Laser Multifunction	cc/2021-04/en_head_0017.json.gz/line1045
__label__wiki	0.517574	0.517574	16 comments · Nov 18, 2016 Montford Point Marine Receives Congressional Gold Medal Known more professionally for his work involving the eradication of fruit flies, Dr. Ernest James Harris, Jr. received the highest civilian award in the United States for his contributions as a Marine. U.S. Marine Brig. Gen. Brian W. Cavanaugh, deputy commander, U.S. Marine Corps Forces, Pacific, presented Dr. Harris with his Congressional Gold Medal at Washington Place in Honolulu, Nov. 12, 2016. “I’m proud to join in the presentation of the Congressional Gold Medal to Dr. Ernest Harris, the highest civilian award bestowed by the Congress of the United States,” said U.S. Sen. Brian Schatz. “We are here to recognize the unwavering perseverance and courage of Dr. Harris and his fellow Montford Point Marines that inspired change in the Marine Corps.” On Nov. 23, 2011, President Barack Obama signed into law the legislation to award the Congressional Gold Medal to the Montford Point Marines. This award recognizes Montford Point Marines’ contributions to the Marine Corps and the United States of America from 1942 to 1949, during a time of hardship and segregation. Many of the Montford Point Marines attended the award ceremony held at the Capital Visitor Center, District of Columbia, June 27, 2012. Those not able to attend received the award through mail or during special ceremonies. “The Montford Point Marines were warriors, they fought not only home but abroad during hard times, and it is worthy of this medal,” Cavanaugh said. The opportunity for African-Americans to enlist in the Marine Corps came in 1941. A year later, they began their train in at Camp Montford Point, North Carolina, during a time and place where racism and segregation were a part of everyday life. Schatz explained that despite segregation of the Montford Point Marines, they had excellent performance during Peleliu, Iwo Jima, the Chosen Reservoir, and in Vietnam. “Anyone who knows a Marine, knows they are a Marine regardless of race, religion or creed and nowhere this is truer than in war,” Schatz said. “As one Montford Point Marine recalled later in life, ‘a bullet doesn’t care what color you are, it will kill you just the same.’” Harris explained how he thought he could fulfill an exciting career as a pilot or mechanic in the Marine Corps, but ended up cleaning rifles and artillery weapons. “I wanted to get some extra training to be able to get a job and become a professional,” Harris said. Harris left the Marine Corps, and with the support of the G.I. Bill, finished college at the University of Arkansas-Pine Bluff with a major in biology and a minor in chemistry. Later, he submitted an officer’s package to the Marine Corps but was denied entry due to medical reasons. Harris earned a Master’s Degree from the University of Minnesota and holds a doctorate in entomology from the University of Hawaii. He worked for more than 40 years as a research entomologist for the U. S. Department of Agriculture and is known for the sterilization of fruit flies, which allowed fruit to be exported all over the world. “Let us all commit to carrying forward your story and the memory of the Montford Point Marines so that we will always remember your service to our great country,” Schatz said. STORY ORIGINALLY PUBLISHED HERE >> thomas alfred Dicks Jun 15, 2020 in my 4 &1/2 years as a u.smarine i believed hat tall marines were green regardles of color. sgt t.a.dicks/2008269/3421 sept 1962 to, jan 1867 Pete M. Jun 15, 2020 I agree it also lowers the standards to a point that it means nothing. Robert Bliss ’63-’67 Jun 15, 2020 It’s shorter at my house. No more quotes. No more short rounds. I guess if you were looking for some guys it won’t get printed. And the long time contributors aren’t contributing. What’s that tell us? I know what it tells me; interest is drifting away. Sgt. Eric Tipton, RVN 68-69 Jun 15, 2020 Larry and Aardq, The Marine Corps and U S Military has a tradition of honoring all members of a unit: PUC, NUC etc. I got my NDSM after boot camp because there was a war going on although I was over a year away from being a part of it. All the Montford Pt. Marines were part of history and were long overlooked. Give ALL of them the credit they deserve. Patrick McBride Jun 15, 2020 I agree. SEMPER FI.	cc/2021-04/en_head_0017.json.gz/line1046
__label__wiki	0.851195	0.851195	Announces Kentucky State Capitol grounds will be closed Sunday Gov. Andy Beshear announced heightened security measures around the Kentucky State Capitol grounds in Frankfort following ... Read more \| Add your comment Art contest increases pollinator awareness Today is Tuesday, Oct. 24, the 297th day of 2017. There are 68 days left in the year. Today’s Highlight in History: On Oct. 24, 1952, Republican presidential candidate Dwight D. Eisenhower declared in Detroit, “I shall go to Korea” as he promised to end the conflict. (He made the visit over a month later.) On this date: In 1537, Jane Seymour, the third wife of England’s King Henry VIII, died 12 days after giving birth to Prince Edward, later King Edward VI. In 1648, the Peace of Westphalia (west-FAY’-lee-uh) ended the Thirty Years War and effectively destroyed the Holy Roman Empire. In 1861, the first transcontinental telegraph message was sent by Chief Justice Stephen J. Field of California from San Francisco to President Abraham Lincoln in Washington, D.C., over a line built by the Western Union Telegraph Co. In 1931, the George Washington Bridge, connecting New York and New Jersey, was officially dedicated (it opened to traffic the next day). In 1936, the short story “The Devil and Daniel Webster” by Stephen Vincent Benet was published in The Saturday Evening Post. In 1939, DuPont began publicly selling its nylon stockings in Wilmington, Delaware. Benny Goodman and His Orchestra recorded their signature theme, “Let’s Dance,” for Columbia Records in New York. In 1945, the United Nations officially came into existence as its charter took effect. In 1962, a naval quarantine of Cuba ordered by President John F. Kennedy went into effect during the missile crisis. In 1972, Hall of Famer Jackie Robinson, who’d broken Major League Baseball’s color barrier in 1947, died in Stamford, Connecticut, at age 53. In 1980, the merchant freighter SS Poet departed Philadelphia, bound for Port Said (sah-EED’), Egypt, with a crew of 34 and a cargo of grain; it disappeared en route and has not been heard from since. In 1992, the Toronto Blue Jays became the first baseball team based outside the U.S. to win the World Series as they defeated the Atlanta Braves, 4-3, in Game 6. In 2002, authorities apprehended Army veteran John Allen Muhammad and teenager Lee Boyd Malvo near Myersville, Maryland, in the Washington-area sniper attacks. (Malvo was later sentenced to life in prison without the possibility of parole; Muhammad was sentenced to death and executed in 2009.) Ten years ago: Rapidly rising Internet star Facebook Inc. sold a 1.6 percent stake to Microsoft Corp. for $240 million, spurning a competing offer from online search leader Google Inc. The Boston Red Sox flattened the Colorado Rockies in their World Series opener at Fenway, 13-1. Five years ago: Less than two weeks before Election Day, President Barack Obama set out on a 40-hour campaign marathon through battleground states; Republican Mitt Romney looked to the Midwest for a breakthrough in a close race shadowed by a weak economy. Hurricane Sandy roared across Jamaica and headed toward Cuba, before taking aim at the eastern United States. The San Francisco Giants took the first game of the World Series, 8-3, over the Detroit Tigers, as Pablo Sandoval became the fourth player to hit three home runs in a World Series game. One year ago: Campaigning in battleground Florida, a defiant Donald Trump blamed his campaign struggles on “phony polls” from the “disgusting” media. Hillary Clinton and Sen. Elizabeth Warren pounded Trump, accusing him of disrespecting women and denigrating U.S. troops assisting Iraqis in their push to retake the city of Mosul. Pop idol Bobby Vee, 73, died in Rogers, Minnesota. Today’s Birthdays: Rock musician Bill Wyman is 81. Actor F. Murray Abraham is 78. Movie director-screenwriter David S. Ward is 72. Actor Kevin Kline is 70. Former NAACP President Kweisi Mfume (kwah-EE’-see oom-FOO’-may) is 69. Country musician Billy Thomas (Terry McBride and the Ride) is 64. Actor Doug Davidson is 63. Actor B.D. Wong is 57. Actor Zahn McClarnon is 51. Singer Michael Trent (Americana duo Shovels & Rope) is 40. Rock musician Ben Gillies (Silverchair) is 38. Singer-actress Monica Arnold is 37. Actress-comedian Casey Wilson is 37. Rhythm-and-blues singer Adrienne Bailon (3lw) is 34. Actor Tim Pocock is 32. R&B singer-rapper-actor Drake is 31. Actress Shenae Grimes is 28. Actress Eliza Taylor is 28. Actor Ashton Sanders (Film: “Moonlight”) is 22. Olympic gold medal gymnast Kyla Ross is 21. Actor Hudson Yang is 14. Ky. must confront soaring disability rolls An explosion over the past 35 years in the number of Kentuckians receiving government-funded disability benefits should alarm liberals and... read more Kentucky National Guard supporting security effort in Washington, D.C. TURNER: Kentucky General Assembly making most of 30-day legislative session BESHEAR: Relief for small businesses, workers harmed by pandemic needed now GLASS: Talking with students about Jan. 6, 2021 THE INSIDE SCOOP: Progress is one of the coolest things we do all year Akal, Gist tag team for 53-point win against Pineville Bears advance to 3-0 record with Saturday victory © 2021, Harlan Enterprise	cc/2021-04/en_head_0017.json.gz/line1050
__label__wiki	0.749127	0.749127	WORLD SERIES CHAMPIONS! The Hopewell Majors All-Stars team is comprised of youth athletes, ages 11-12, who participated in Hopewell's regular baseball season. Coaches select the top 12 players to represent the City as All-Stars to compete in post-season play. Hopewell is part of the Dixie Youth Baseball league and competes in District 9, which includes Colonial Heights, Prince George, Matoaca, and Dinwiddie. The Hopewell Majors All-Stars first competed in the Dixie District Tournament played at Mathis Park in Hopewell June 21-June 25, 2019. After winning all of their games, they claimed the district championship and advanced to the Dixie State Tournament held in Victoria, Virginia July 5-11, 2019. Hopewell suffered one loss to Prince George but rallied to fight their way back to the championship game where they defeated Prince Edward/Farmville by a score of 7-3. This is the first Hopewell youth baseball team to claim a state title. With their success at the state level, they qualified to compete in the Dixie Division 2 World Series played in Lumberton, North Carolina beginning July 26, 2019. After suffering only one loss in World Series play, they emerged as the 2019 Dixie World Series Champions after defeating Mississippi 6-1 in a dramatic game where all runs were scored in the final at bat after trailing Mississippi 0-1 the entire game. The team is coached by Clint Gorkiewicz, Ricky Irby, and Joe Kuhns. Players include Anthony Clark, Camden Hunt, Ryder Hazlitt, Christian Edwards, Colsen McComber, Tavin Tucker, Demetrius Simms, Ethan McComber, Jake Irby, Xavier Taylor, Brian Moore, and Luke Kuhns. The team is managed by Ashley Gorkiewicz and Hopewell Recreation and Parks athletic programs are planned and administered by Sherry Leech. Hopewell Recreation and Parks would like to thank all of the businesses, community organizations, and individuals who supported the teams World Series trip and helped make this special moment in Hopewell history possible! The team was recognized with a special ceremony after returning from their World Series trip. Each member of the team received an official Key to the City, presented by Mayor Jasmine Gore. The team also received special congratulations from Jackie Bradley, Jr. (Boston Red Sox) and Jeremy Jeffress (Chicago Cubs).	cc/2021-04/en_head_0017.json.gz/line1052
__label__cc	0.65943	0.34057	Hiro Ueno ’14 Hiro Ueno ’14 is living a football dream. As assistant team photographer for the L.A. Rams, he’s got a front row seat to all the action. Although sitting is not part of the job—if you watch carefully from your screen at home, you might catch a glimpse of him sprinting on the sidelines, seeking the next great shot. Ueno earned his B.F.A. from Chapman University in Orange, CA where he majored in broadcast journalism. During his sophomore year, he landed an internship with Associated Press photographer Jeff Lewis; when Lewis transferred to the Rams, Ueno came along to help the team with their inaugural season during his junior year in 2016. When not on duty with the Rams, he works as a digital assets manager for the National Football League itself, handling NFL imagery of the past decade. We asked Ueno about the Super Bowl and what it takes to be a team photographer. You majored in journalism, but when did photography enter the mix, exactly? Most of what I learned was actually self-taught. My classmate Bo Bleckel ’14 was a big part of how I got started. We spent the summers of our last years at HPA shooting around the island for a variety of different passion projects and commissioned work, and I owe much of the opportunity I have now to him. How much Rams activity do you cover? Everything from practice, to pressers, marketing events, internal corporate assets, and of course gameday action on Sundays. Have you always been a football fan? I loved football before I even started working for the team, and now it’s become what I live and breathe. Have you ever covered a Super Bowl before? What was it like on the sidelines vs. watching on TV? Super Bowl LIII was my first one, and while the outcome wasn’t what I hoped, it was an opportunity that I’m very grateful for. Going to a Super Bowl—let alone shooting one—has been on my bucket list for a while. I’m lucky to cross that off at a very young age. Surprisingly, it felt like any other game from a field perspective as the crowd was relatively tame. Besides the pageantry and scope, the action on the field stays relatively the same. What does it take to get a really great sports shot? Patience? Luck? Knowledge of the game? You need to be able to track fast action and predict the game flow so you can be in the right place at the right time. For example, if we’re driving down the field in a two-minute situation, I can elect to stay with the flow of action at the line of scrimmage, grabbing images from each play. The risk there is not being able to get into position for the end zone shot if it were to happen. Or vice versa I could run over to the end zone but risk missing the images leading up to the scoring plays—and that’s if they even get to the end zone. There’s a lot to it, but the only way to develop as a sports photographer in my eyes is to shoot and keep shooting. From pee wee to D3 college ball to the pros, it’s fundamentally all the same when it comes to basic game action coverage. Recently I’ve focused more on the things in between the action, the little moments on the field between players, coaches, and the moments that very few people get to see outside of a team or staff perspective. Do you have any advice for aspiring Ka Makani photographers? Find out which subject of photography you’re passionate about, then keep shooting as much as you can. Whether you want photography as a career choice, a personal hobby, or a weekend side job, the only way to get better at your craft is to do it as much as you possibly can. Editor’s note: This profile first appeared in the spring 2019 edition of Ma Ke Kula.	cc/2021-04/en_head_0017.json.gz/line1054
__label__cc	0.519127	0.480873	The Air Ambulance The Vehicles What does your money do? Our Patron and Trustees Trustees login area Play our Charity Lottery Small Change Big Difference Fundraising Pack Volunteer members area Schools and Youth Learning Saves Lives One morning in May 2018, motorbike enthusiast Andrew headed out for a seemingly regular ride along the A32. In the blink of an eye, a lorry veered onto Andrew’s side of the road, colliding with him and his bike. The Hampshire and Isle of Wight Air Ambulance was called to the scene and Andrew went on to spend the next five and half weeks in Intensive Care. Below he recalls his story. 28 May 2018 was a fairly nice morning, and my wife and I decided to go to Romsey to do a little shopping before going on to visit Mottisfont. While we were in Romsey it began to cloud over, so we decided to head home. However, after lunch the weather brightened up, so I decided it would be a perfect day to go out for a ride on my motorbike. I headed off up the A32, planning to go as far as Alton before heading back home. I have no recollection of what happened next, but from what I have been told by the police, a lorry coming the other way cut across my path to pull into a lay by on my side of the road. I was hit by the lorry and crashed into the vehicle that was following it. I suffered multiple injuries including two broken legs, several broken ribs and a broken arm. I also suffered damage to my head and heart. I understand I was attended to at the scene by both a road ambulance and the Critical Care Team from Hampshire and Isle of Wight Air Ambulance, before being flown to University Hospital Southampton. I was admitted to the Intensive Care Unit where I stayed for the next five and a half weeks, where I celebrated my 60th birthday, followed by a further two and a half weeks on the general trauma wards. On the day of the incident, the police arrived at my home to tell my wife I had been involved in a serious accident and that they were there to take her to the hospital. When she arrived, she was told that about 20 people were working on me to get me stabilised and she couldn’t see me until they had finished. The doctors at the hospital informed my family that they weren’t sure whether I would survive or not and that if I did survive, how disabled I might be. “When I was in the Intensive Care Unit I was put on a ventilator and kept in a coma for several weeks, during which time I had a number of operations, as well as a heart attack and a tracheostomy.” I firmly believe that, had it not been for the Hampshire and Isle of Wight Air Ambulance Critical Care Team, I would not have survived. Their skills kept me alive so that I could go on to receive the fantastic care that I received from the hospital staff in Southampton. Between them, they enabled me to come through my ordeal with many less ongoing health issues than could so easily have been the case. David’s story Anna’s story Claire’s story Robin’s story Steve’s Story Rob’s Story Oscar’s Story Neil’s Story Hampshire and Isle of Wight Air Ambulance Unit F4 Adanac Park Adanac Drive Nursling SO16 0BT Hampshire and Isle of Wight Air Ambulance is a private company limited by guarantee. Registered office as above. Registered in England and in Wales. email: enquiries@hiowaa.org Sky Heroes 56 (ages 3-11) LifeLines (ages 11-18) Fundraising Code of Practice Tell us how you would like to stay informed about our vital life saving work. © 2021 Hampshire and Isle of Wight Air Ambulance. Website by Wildcat This site uses cookies (more info)	cc/2021-04/en_head_0017.json.gz/line1057
__label__wiki	0.960065	0.960065	Kevin Hart’s Jump-Off Finally Speaks… Says They Hooked Up Three Times and ‘Had a Connection’ (Video) Sep 27, 2017 at 2:12 pm \| By Alex Montia Sabbag is setting the record straight Kevin Hart’s alleged partner in that scandalous adult tape video has been playing it smart. Montia Sabbag has kept her mouth shut as she lawyered up and denied having anything to do with the attempted extortion that forced Hart to go public with the tape. In a new interview with The Daily Mail, Sabbag revealed how she met Hart, how they ended up having intercourse and the way that the tape has affected her life. Sabbag — who denied the numerous reports that she was a stripper — said that she met Hart by chance when her friend invited her to Las Vegas. “I had a girlfriend who invited me to go with a few of her friends. I was like, ‘okay, sounds fun,'” Sabbag said. “We stayed at the Venetian hotel and we ended up moving hotels to The Cosmopolitan.” “I met him (Kevin) on the plane, I was with a friend and we had no idea he wasgonna be there,” she added. “He was with his friends. I thought he was cute, he’s an attractive man, but I wasn’t star struck or anything like that, it was super casual, he was a gentleman, a nice guy.” Sabbag said she met up with Hart and his friends later in the day. However, the point was to hang out with her friends. “We were drinking, having fun, listening to the music, dancing,” she continued. “I was more focused on my friends, I didn’t go there for Kevin. But Kevin did pay me a lot of attention, he was into me, I could tell.” Source: Instagram @kevinhart4real Source: Instagram @montialouise Sabbag said they ended up sleeping together and that Hart didn’t tell her that she was married. “Yes we were intimate, I did not know he was married but I found out later, I was a little bit upset, confused about it because the way he was acting it didn’t seem like he was married,” she said. “But I was caught in the moment, he’s an adult.” She added that they slept together three times over the course of the trip. The video was recorded during the second time they were together, according to her. “I was intimate with Kevin three times in the course of maybe three days. It was fun,” she said. “We just get along, we get each other, he’s funny, I’m funnier. We had a connection, we had chemistry. We clicked. It was fun, he didn’t try to woo me, it was just an instant connection.” However, Sabbag said that the tape has turned those feelings in her head. “My privacy is completely shot, it’s invasive, everyone’s in my face, this is really difficult for me to discuss,” she said Sabbag also reiterated that she’s innocent in the situation and had nothing to do with the tape’s recording or it eventually coming to light. “I knew I hadn’t done anything wrong and I knew I didn’t do any of the things he said in the video, so I was confused. I made myself clear from that initial phone call I received and I think I’ve made myself clear by hiring a lawyer,” she said. Watch The Interview Check out a clip of the interview up top. What do you think? Is Sabbag really innocent in this situation? Let us know in the comments and don’t forget to SHARE this article.	cc/2021-04/en_head_0017.json.gz/line1058
__label__wiki	0.89127	0.89127	New appointments to Historic Environment Scotland board announced Fiona Hyslop has announced the appointment of Ian Brennan and Ian Robertson as Trustees and the reappointment of Ken Thomson and Janet Brennan to the board for Historic Environment Scotland (HES). The Cabinet Secretary for Culture, Tourism and External Affairs, Fiona Hyslop, today – Friday 28th October – announced the appointment of Ian Brennan and Ian Robertson as Trustees and the reappointment of Ken Thomson and Janet Brennan to the board for Historic Environment Scotland (HES). Ian Brennan is Director of Finance and Risk at the Scottish Housing Regulator. From November 2013 until July 2016 he was a member of the Board of Glasgow Kelvin College where he chaired the Financial Control Committee. He was also a member of the Board of Cardonald College from 2005-2013 and served as vice chair from 2011 to 2013. Ian has previously held positions in higher education, the NHS and the Accounts Commission and holds a degree in Business from Strathclyde University and an MBA from the University of Glasgow. Working for over 30 years in the international energy business, Ian Robertson has held positions at Vice President and Executive Vice President level and retired in 2014 when he was CFO and Executive Vice President for Royal Dutch Shell’s global downstream business. He is a Trustee and President of the Shell Trust Bermuda. Ian has extensive experience across many cultures of business strategy. A business management graduate and Fellow of the Chartered Institute of Management Accountants, Ian is currently working on a portfolio of non-executive and consultancy work. Chair of Historic Environment Scotland, Jane Ryder, OBE, said: “I am very pleased to welcome Ian Brennan and Ian Robertson to the Board of HES. They bring a wealth of financial and business experience, drawn from across the public and private sector, and they will be a great asset to HES. Together with the reappointment of Dr Ken Thomson and Dr Janet Brennan, current Board members, as well as the recent arrival of our new Chief Executive, Alex Paterson, we have an exciting mix of change and continuity for HES as we celebrate our first anniversary.” Reappointment to the HES board for Dr Ken Thomson, Principal and Chief Executive of Forth Valley College – a leading centre for skills and traineeship and is also a UK award winner for innovation in 2015 – and Dr Janet Brennan, Chair of the Scottish Castles Association and a champion of the historic built environment, were also announced today. The first Chair and board members for HES were announced by Fiona Hyslop on 27th January 2015. The appointments of Ian Robertson and Ian Brennan will be for four years from 1st of November 2016 to 31st of October 2020. The reappointments of Ken Thomson and Janet Brennan will run for four years from 19th of January 2017 until 18th January 2021. These appointments are regulated by the Commissioner for Ethical Standards in Public Life in Scotland. Both appointments and reappointments for HES are non-remunerated and hold a time commitment of 20 days per year. Further details and information can be found on the Scottish Government’s Public Appointments website. About Historic Environment Scotland (HES) We are the lead public body charged with caring for, protecting and promoting the historic environment. We will lead on delivering Scotland’s first strategy for the historic environment, Our Place in Time. Historic Scotland is a sub brand of HES. View our press pack and keep up to date by registering for media release email alerts. If you wish to unsubscribe, please contact us. Year of Innovation, Architecture and Design 2016 2016 is the Year of Innovation, Architecture and Design (IAD). Through a series of exciting events and activity, the year will showcase Scotland's position as an "innovation nation", its outstanding built heritage, and its thriving, internationally acclaimed creative industries sector. This is a Scottish Government initiative being led by VisitScotland and supported by a variety of partners. Follow Historic Environment Scotland Twitter: @HistEnvScot \| @welovehistory Facebook: @HistoricEnvScotland \| @VisitHistoricScotland Grant Thomson Historic Environment Scotland Media Office grant.thomson@hes.scot	cc/2021-04/en_head_0017.json.gz/line1059
__label__cc	0.541641	0.458359	MANAGERS WEIGH IN: CHRIS KAPPY (MAKE WAKE ARTISTS) Is there anything about life during COVID-19 that will change how you do business? I’ve noticed my team is healthier mentally by having the choice to work wherever they feel comfortable. We’ve learned the job can be done remotely, and that seems to give them a work/life balance they didn’t have before. Are your clients using TikTok? Yes, they all do. Some of them use it for comic relief and doing videos; some put music out. It’s like a new version of Vine. I think it’s great. They love it too. What about physical product? Either vinyl, or educate fans how easy it is to stream. Both my parents are 73, and they stream music now. I had to take a second to show them, explain why $12 a month is a great deal to upgrade; now they use it all the time. I think technology scares some people, but you just have to show them how it works. I mean, it was harder showing my parents how to sync their Bluetooth than how to stream. Who’s your pick for Entertainer of the Year and why? Completely biased, but Luke. He’s the most-streamed artist in the genre, the most. He’s played on radio in the genre, his shows are all sold out and he’s a damn fine human being. The fact that he’s the top of all three of those silos we view as measuring sticks speaks volumes about who he is to his fans—and the fans are what matters. So yeah, I think Luke is ETOY. What’s the biggest challenge? Live shows being gone, and bands being able to put food on the table, keep people employed and have a fanbase to come back to when this is all over. Country artists at all levels derive the majority of their income from touring and fan interaction. It’s scary when you hear bands that tour in a bus and sell out 3k-cap rooms are fighting to stay afloat week to week.	cc/2021-04/en_head_0017.json.gz/line1060
__label__cc	0.666674	0.333326	2015 Insolvency and Corporate Reorganisation Report: Brazil 01 June 2015 \| by Fábio Rosas and Luciana Faria Nogueira Tags: TozziniFreire Advogados Brazil Restructuring and insolvency Fábio Rosas and Luciana Faria Nogueira of TozziniFreire Advogados assess the bankruptcy and insolvency regime in Brazil Section 1: processes and procedures 1.1 What reorganisation and bankruptcy processes are available for financially troubled debtors? The Brazilian Bankruptcy and Restructuring Law (BRL) establishes three major mechanisms that may apply to troubled companies: (i) judicial reorganisation proceedings; (ii) out-of-court reorganisation proceedings; and (iii) bankruptcy or forced liquidation. As one of its main features, the BRL offers the corporate debtor flexibility and continuity of management and an opportunity for rehabilitation. The mechanisms of judicial reorganisation and out-of-court reorganisation, which replaced the old concordata (a court-relief system for debtors), are used when a particular business, although facing difficulties, is still viable and may overcome its financial crisis. In these situations, it is deemed that the preservation of going-concerns would ensure the survival of productive businesses and better serve the interests of employees, creditors, and society as a whole. Bankruptcy or forced liquidation proceedings apply when a particular business is no longer viable. In this case, the debtor is removed from its activities and the existing assets are collected and sold. Any proceeds derived from the sale of assets are distributed among the creditors according to a preference order established by law. Any debtor facing financial difficulties (insolvent or not) and meets certain conditions specified in the BRL not directly related to accounting tests (such as not have been in another judicial reorganisation proceeding for the past five years) may apply for judicial reorganisation proceedings. The request must be accompanied by several documents and information, including: explanations about the financial difficulties faced by the debtor, financial statements, a list of creditors and a list of employees. Out-of-court reorganisation is simply a private arrangement between a debtor and some of its creditors. Any debtor that meets the same requirements for judicial reorganisation proceedings specified by law may propose and negotiate with its creditors an out-of-court reorganisation plan, and request its ratification. Debtors that are facing a financial crisis and do not meet the conditions to benefit from judicial reorganisation or out-of-court reorganisation proceedings should request the declaration of their own bankruptcy. In addition, any creditor may request the forced liquidation of a debtor in certain circumstances. In a judicial reorganisation proceeding, the court appoints a judicial administrator (trustee) in charge of supervising the company's activities and accomplishment of the reorganisation plan. The judicial administrator is named by the court, and the debtor and the creditors do not have any power to select it. The judicial administrator does not manage the company. In the course of judicial reorganisation proceedings (the main mechanism used in Brazil) there should be no change in the management of the debtor company. Therefore, the managers of the debtor will retain their positions, although working under the supervision of the creditors committee (if any) and the judicial administrator appointed by the court. In certain circumstances, however, managers will be removed from their positions, including when: (i) there are signs of bankruptcy crime; (ii) they have acted with willful misconduct or engaged in fraudulent schemes against creditors; (iii) they have made personal expenditures that are not compatible with their income; or (iv) their removal is specified in the reorganisation plan. 1.2 Is a stay on creditor enforcement action available? In a judicial reorganisation proceeding, with respect to all credit subject to it, a suspension of 180 days will apply to all legal proceedings under way against the debtor. On the expiration of such term, all creditors will automatically regain the right to initiate or proceed with their lawsuits against the debtor. However, it is relatively common for courts to extend this period, on the grounds that the expiration of the stay would bring considerable challenges for the recovery of the company, thereby harming the group of creditors considered as a whole. There are two exceptions to the 180-day suspension rule: lawsuits where there are no pre-defined amounts being claimed, and labour claims, which will continue their course in the Labour Courts until the amount of labour credits are defined. In these two cases, once such amounts are finally determined, they will be included as credits in the reorganisation proceedings. 1.3 What are the key features of a reorganisation plan and how is it approved? In judicial reorganisation, the debtor should submit a reorganisation plan (or be declared bankrupt) within 60 days of the publication of the court order authorising the initiation of the proceeding. Debtors are not allowed to present a plan. The plan must contain: (i) a detailed description of restructuring mechanisms to be used, which may include debt rescheduling, corporate reorganisation, transfer of corporate control, partial sale of assets, leasing of going-concerns, and a series of other measures; (ii) a demonstration of the economic feasibility of the debtor's business; and (iii) a report on the debtor's assets prepared by an expert appraiser or company. The plan should provide that overdue labour credits and credits deriving from accidents at work will be paid in no more than one year. Creditors will be informed about the reorganisation plan and the applicable term to challenge the plan through a public notice. If any objection to the proposed plan is submitted by any creditor, the court will call a general meeting of creditors (GM). In the meeting, creditors may: (i) approve the plan as originally proposed; (ii) approve a modified version of the plan, as long as there is no opposition from the debtor and no harm to absent creditors; or (iii) reject the plan, in which case the debtor should be declared bankrupt. Any reorganisation plan must be approved by the following categories of creditors in a GM: labour creditors and creditors related to accidents at work; secured creditors; unsecured creditors, creditors with special or general preference, and subordinated creditors; and, small businesses. In the first and last class of creditors (labour-related claims and small businesses), approval is achieved with the favourable vote of the majority of creditors present at the meeting, regardless of the amount of their credits. In the other two classes, approval is achieved with the favourable vote of both: creditors representing more than half of the credit amounts represented at the meeting; and, the majority of creditors present at the meeting. If certain vote combinations specified in the BRL are recorded in the GM, the court may approve the reorganisation plan even if it was not approved under the quorum requirements (cram-down). 1.4 Can a creditor or a class of creditor be 'crammed-down'? Yes, a creditor or a class of creditor can be crammed-down. In a judicial reorganisation proceeding, for a reorganisation plan to be approved, it should be accepted by the four classes of creditors present at the GM: the majority of labour creditors; the majority of small business creditors; the majority of secured creditors and the majority of secured credits; the majority of unsecured creditors and the majority of unsecured credits. However, if all requirements are not fulfilled, the BRL provides that the court may still ratify the reorganisation plan if, at the GM: (i) half the total amount of credits at the meeting approved the plan; and (ii) two classes of creditors approved the reorganisation plan or, if there are only two classes, at least one of them approved the plan; and (iii) in the classes of creditors that rejected the reorganisation plan, at least one-third of the creditors voted in favour of the reorganisation plan. For out-of-court reorganisation, the plan must be ratified by a court in order to produce effects to all creditors contemplated in the plan, including those that have not expressly adhered to the plan. In order to be ratified, the plan must have been approved by creditors representing more than three-fifths of credits in each category of creditors contemplated by the plan. This is considered a crucial provision of the BRL, since it permits the full application of an out-of-court reorganisation plan, even when it has not been approved by all affected creditors. Creditors that did not adhere to the plan may challenge the ratification. Nevertheless, any challenge may be based solely on an alleged illegality or a failure by the debtor to comply with all necessary legal requisites or formalities. 1.5 Is there a process for facilitating the sale of a distressed debtor's assets or business? According to the BRL, a reorganisation plan presented by a debtor company may provide for a judicial sale of branches or business units belonging to the debtor. A judicial sale, also according to the BRL, may: (i) take the form of an auction; (ii) be effected through proposals submitted in sealed envelopes; or (iii) be a combination of these two methods. Once a judicial sale is effected in accordance with the BRL, the relevant branch or business unit will be free and clear of any liens and encumbrances, and the purchaser will not succeed the debtor with any indebtedness. As a consequence, creditors of a debtor that is subject to judicial reorganisation are not able to claim any amounts from the purchasers of branches or business units, and the corresponding assets cannot be enforced upon to satisfy the debt. Instead, creditors simply retain their original claims against the debtor. There are no stalking-horse bids. However, an evaluation provides for a minimum value for the sale of an asset (first section) or, if the auction is not successful in the first section, the law forbids the sale to be performed at a token price. 1.6 What are the duties of directors of a company in financial difficulty? In Brazil, directors and officers have no duties directly to creditors of the insolvent company or third parties. They have duties to shareholders of the company, even though the company is facing financial difficulties. Nevertheless, the actions of the directors and officers in relation to the company may be analysed if they harm other parties. Article 158 of Law 6,404/76 (the Brazilian Corporations Law) establishes that there are two basic hypotheses of civil liability of managers of corporations: for damages caused to the corporation by virtue of negligence or willful misconduct, even within their powers; and, for actions carried out beyond their authority, or contrary to the provisions of the law or the company's by-laws. Article 50 of Law 10,406/02 (the Brazilian Civil Code) provides for the disregard of the corporate veil in order to enable attachment of the manager's assets in case of deviation of the company's purposes or commingling between the company's and the manager's assets. According to article 82 of the BRL, the liability of directors, officers or shareholders of a debtor company will be accurate in the Bankruptcy Court, not being relevant if the assets of the company are enough to pay the debts, and the investigated parties may have its assets frozen by the court until judgement of the case. Directors, officers and shareholders may also face criminal liability if their actions fall within the specific definition of a given crime established by Brazilian laws, including certain bankruptcy-related crimes (such as providing false information during reorganisation proceedings with the intention of misleading the court or creditors). These bankruptcy-related crimes are disposed between sections 168 and 178 of the BRL. In the event there are signs of any act of fraud, wilful misconduct or negligence, which leads to civil liability or crime, such acts tend to be closely analysed and investigated to verify their nature and penalise the responsible parties. 1.7 What priority claims are there and is protection available for post-petition credit? In principle, all credits existing at the date of the filing of the request for judicial reorganisation are submitted to the proceeding, even if it is not matured. Post-petition credits are not subject to the reorganisation proceeding. However, depending on their nature and characteristics, some other credits may not be submitted to the effects of the proceeding. Tax credits are not affected by judicial reorganisation proceedings, and tax collection can continue their due course. The BRL indicates that a separate law will establish the conditions for the rescheduling of tax debts owed by debtors utilising judicial reorganisation proceedings. Judicial reorganisation proceedings are also not applicable to: creditors secured by fiduciary transfers of assets; lessors; sellers in irrevocable real estate purchase agreements with installment payments; and sellers of goods with title retention. In all such situations, the creditor is the actual owner of the assets, even when the assets are being used by the debtor. Therefore, the original contractual arrangements and corresponding debts remain in place. The only difference is that, for a period of 180 days from the initiation of judicial reorganisation proceedings, the sale or removal of assets that are essential to the activities carried out by the debtor is prohibited. In other words, the BRL obviously recognises that creditors remain entitled to their ownership rights, but at the same time, the debtor receives some breathing room, since essential assets will remain in the debtor's possession for 180 days, even if there is a payment default. Any amounts disbursed to the debtor under an advancement of foreign exchange agreement, as long as the applicable banking regulations pertaining to this type of advancement are observed, are also not affected by judicial reorganisation proceedings. 1.8 Is there a different regime for banks and other financial institutions? As creditors, banks and other financial institutions have no specific or different regime, and their ranking or classification will depend on whether there is collateral or not, and if it is submitted or not to the effects the proceeding. As debtors, considering the large impact of the situation of financial institutions upon the national economy, there are several governmental strategies that might be taken in order to avoid and prevent the financial institution from a crisis and a future liquidation or bankruptcy proceeding. The insolvency proceeding (liquidation) of these institutions is regulated in the Federal Law 6.024/1974, that also provides the intervention of the government in the financial institution or bank. Section 2: international/cross border issues 2.1 Can bankruptcy or reorganisation proceedings be opened in respect of a foreign debtor? There is no specific provision in the BRL regarding the application of reorganisation proceedings to foreign companies. Recently, courts have discussed the inclusion of foreign companies in proceedings together with other companies from the same economic group (in which the holding company is Brazilian), with different understandings on the matter. 2.2 Can recognition and assistance be given to foreign bankruptcy or reorganisation proceedings? The BRL does not contain any specific rule dealing with extraterritorial bankruptcy or insolvency proceedings, with no provision regarding the recognition of other countries´ statutory processes, unlike chapter 15 of the US Bankruptcy Code. Reorganisation and bankruptcy proceedings involving Brazilian companies must be necessarily administered by a Brazilian court. As a result, any effects and consequences of possible ancillary or parallel proceedings in foreign jurisdictions will have to be dealt with on a case-by-case basis, subject to applicable conflicts of law provisions in cross-border matters. There are provisions in Brazil that allows recognition by the Superior Court of Justice of foreign decisions once legal requirements are fulfilled, but not recognition of the processes themselves. Section 3: other material considerations 3.1 What other major stakeholders (such as governmental or regulatory institutions) could have a material impact on the outcome of the reorganisation? In the insolvency proceedings provided in the BRL, the government does not have a regulated active role. On the other hand, to enable a more active participation of the government in the insolvency of some entities, the BRL is only applicable to debtor companies who pursue economic activities, while some entities are prohibited from filing a request for bankruptcy in any situation. Government-controlled companies or public companies, clearing agents and companies that deal with financial liquidation are prohibited from going bankrupt under the BRL. There are some entities that are only relatively excluded from the insolvency proceedings: insurance firms; companies that deal with health insurance; and, financial institutions. Broadly speaking, they must be liquidated out of court, but, if some special requirements are fulfilled, they can go bankrupt (forced liquidation). Governmental or regulatory institutions may be requested to assist the court, depending on the activity developed by the debtor company. Labour credits should be paid in within one year (term established by law) of the approval of the reorganisation plan or the definite recognition of the credit. In forced liquidation proceedings, labour credits are first in the ranking of credits submitted to it, up to the limit of 150 minimum wage salaries. Shareholders of the bankrupt company, as well as affiliates, controlled or controlling entities, may participate in the GM, but they are not allowed to vote. Section 4: current trends 4.1 Outline any bankruptcy and reorganisation trends specific to your jurisdiction. No important amendments in the BRL are currently envisaged, and so far, the volatility in the global market and rise in corporate restructurings has had no impact on Brazil's insolvency regime. However, these events have had a significant impact on the analysis made by the courts when judging appeals related to insolvency proceedings; they have been stricter and have been taking greater control over companies. The BRL was recently amended in relation to small businesses (categorised as such under Brazilian law based on yearly revenues). Considering that the existing BRL came into effect relatively recently, a solid track record has not yet been established in terms of successful or unsuccessful reorganisations. In terms of the proceeding itself, smaller companies tend to be more successful in reorganisations, since the smaller company structure and number (and size) of creditors tend to facilitate the process. However, for both small and large companies, the financial conditions in which the company entered the reorganisation proceedings will be the decisive factor for a possible recovery. Recently, the Brazilian Investigation known as Operação Lava-Jato (Operation Car Wash) led to an economic crisis f or construction companies and infrastructure sector companies involved in the investigation, with several of them requesting judicial reorganisation. First published by our sister publication IFLR magazine. Take your free trial today. Fábio Rosas TozziniFreire Advogados Fábio Rosas is a partner at TozziniFreire Advogados, and leads the restructuring and reorganisation, business, corporate and tax litigation department. He has assisted creditors and investors of companies under reorganisation and focuses on the acquisition of assets in debt restructuring proceedings, representing banks, financial institutions and companies of many different economic and market sectors. Rosas attended the Academy of American and International Law, organised by the Center for American and International Law (2007). He graduated from the Faculdade de Direito da Pontífica Universidade Católica de São Paulo (PUC-SP) and has a postgraduate degree in philosophy of law from the same university. A member of the Fiscal Council and co-founder of the Turnaround Management Association of Brazil (TMA), Rosas is also a member of the company recovery section at the International Bar Association (IBA), co-founder of the International Insolvency Institute (III), a member of the International Association of Restructuring, Insolvency & Bankruptcy Professionals (Insol) and of the Brazilian Institute of Management and Turnaround (IGBT). Luciana Faria Nogueira Luciana Faria Nogueira is an attorney in the restructuring and reorganisation, business and corporate litigation departments at TozziniFreire Advogados. She studied instruction in US law and recent developments in US law at the Fordham Law Institute in New York (2013). She graduated from the Faculdade de Direito da Pontifícia Universidade Católica de São Paulo (PUC-SP) and specialised in civil litigation at the same university and in business law at the Fundação Getúlio Vargas (FGV). Deal round-up - May 2014 Integration of transport modals in Brazil 10 things to know about corporate restructuring and insolvency in Brazil Felsberg expands bankruptcy practice with re-hire of former partner	cc/2021-04/en_head_0017.json.gz/line1061
__label__cc	0.546469	0.453531	Lloyd Bumpus The Rev. Lloyd Bumpus, 92, died at his home in Mt. Vernon on Thursday, May 22, 2014. He was born on Feb. 6, 1922, in rural Jefferson County, east of Bonnie, the son of Ernest and Mattie (Ezell) Bumpus. He is survived by his wife, Kathleen (Presley) Bumpus; three sons, Lyle of Mt. Vernon, John of Benton and Stan (Mary) of Naperville; six grandsons, Ryan, Shawn, Jacob, David, Daniel and Steven; one brother, Elmer of St. Charles, Mo.; and one sister, Norma Lou Coil (Don) of Mt. Vernon. He was preceded in death by his first wife, Ethel Lou (Eubanks) Bumpus and by their son, David. The Rev. Bumpus was an ordained minister serving for 33 years in the Southern Illinois Conference of the United Methodist Church. He and his wife pastored at Mounds City, Norris City, Golden Gate, Joppa, Belknap, Marissa, Mt. Zion (Albion), Enfield and St. Francisville. He retired from full time ministry in 1985. He served in the U.S. Army during World War II in North Africa and was part of the Allied Invasion of Italy at Anzio. He served overseas for 38 consecutive months without leave. After being honorably discharged from the Army, he attended and graduated from Greenville College and then Asbury Theological Seminary with a Master of Divinity degree. Visitation will be from 10 a.m. until 1 p.m. on Monday at Wesley United Methodist Church. The funeral will follow at 1 p.m. with the Rev. Paul Widicus and the Rev. Phil Poe officiating. Burial will be in the Bethel Memorial Cemetery in Mt. Vernon.For those who wish, memorials may be made to Wesley United Methodist Church or to the Bonnie United Methodist Church. Johnston Funeral Home in Ina is in charge of arrangements. - See more at: http://www.register-news.com/obituaries/x2117415656/Rev-Lloyd-Bumpus#sthash.3GJJByza.dpuf	cc/2021-04/en_head_0017.json.gz/line1062
__label__wiki	0.738975	0.738975	Amb. Ufuk Gokcen, Contributor Ambassador and Permanent Representative, Organization of Islamic Cooperation, United Nations De-linking Female Genital Mutilation From Religion 02/08/2013 04:34 pm ET Updated Feb 08, 2013 Kenyan teenage Maasai girls attend an alternative right of passage at Kilgoris, Trans Mara district, 220 kilometres north-west of the capital Nairobi, on April 19, 2008 at a ceremony organised by an anti-female genital mutilation, (FGM) campaign, Cherish Others Organisation. The World Health Organisation estimates that between 100 and 132 million girls and women around the world have been subjected to the 'cut' and despite having been outlawed FGM is still regarded as a crucial tradition in some Kenyan communities regardless of its negative physical and psychological health repercussions. AFP PHOTO/TONY KARUMBA (Photo credit should read TONY KARUMBA/AFP/Getty Images) Female genital mutilation has long survived, hidden under the cloak of religious, cultural, and tribal practices, but this week, as we commemorate the International Day of Zero Tolerance to Female Genital Mutilation (FGM), it is time for every leader whether political or religious, whether male or female, to unequivocally stand in opposition to FGM. We can no longer allow the ignorance surrounding women's rights and FGM to be perpetuated by traditions and rituals disguised as religious teachings. As the Organization of Islamic Cooperation's (OIC) Ambassador to the United Nations, I personally find it important to combat any notion that FGM is in the true nature of Islam. OIC Secretary General Professor Ihsanoglu recently stated that FGM "is a ritual that has survived over centuries and must be stopped as Islam does not support it." Yet, despite statements from political and religious leaders and studies such as the Frontiers Program report put out by USAID de-linking FGM from Islam, the practice continues at an alarming rate. This can be explained by the fact that the practice takes its roots primarily in tribal culture, not religion; though some misguided local religious scholars might contest otherwise. Thus, elders and midwives will have to be the target of messaging and direct dialogue. As was reported by Catherine Hornby from the recent international meeting held in Rome under the title of "Worldwide Ban on Female Genital Mutilation (FGM)," it is encouraging that the participants of the meeting underlined the need for laws to be accompanied by education and discussion in traditional communities to help dispel misleading myths. It is similarly encouraging that the news on the Rome meeting were accompanied by another report from Cairo that the Egypt's High Constitutional Court rejected a legal challenge and upheld the ban on FGM. UNICEF reports that nearly three million girls in parts of Africa could be at risk of FGM each year. FGM is practiced mainly in 28 African countries and in other parts of the world particularly among immigrant communities related to these countries. GlobalPost senior correspondent Erin Cunningham reported that the "practice crosses religious lines and is also carried out in Christian communities." Even girls and women in the United States with cultural connections to the countries where FGM is practiced face the risk of FGM. They are sent abroad to their countries of descent to have the procedure done. In a major development, in December 2012, a new U.S. federal law strengthening the 1996 one was enacted making it illegal to intentionally take a girl out of the U.S. for the purpose of undergoing FGM procedure elsewhere. It is essential that we all stand in support of this law and all other efforts to end FGM around the world including efforts to be based on the recent UN General Assembly resolution adopted by consensus of 193 UN member states, on December 20, 2012, calling for a global ban of FGM. From Muslim women activists who agree that FGM is incompatible with Islam to global or local religious leaders who are making a stand against this horrific act, we must not only support their message but also put power behind these statements. FGM is a violation of human rights and women's rights, and we must do everything within our power to end its pervasive hold on the well being of women which has globally affected the lives and health of more than 100 million women to-date. The center on the development of women to be established within the OIC system in Cairo will hopefully play a significant advocacy role in this regard. Religion Women's Rights Fgm Global Motherhood Female Genital Mutilation	cc/2021-04/en_head_0017.json.gz/line1063
__label__wiki	0.714134	0.714134	Webinar: WLN presents Women in Media The Women’s Leadership Network Committee, at its 7th year since inception, continues in its goal to provide members and followers with the testimonials of women professionals in different sectors. This segment allows us to explore women in the media industry that will share their career paths and expertise in showcasing “how to” build one’s own path in highly competitive media/communications field. Join this webinar to hear from the experts, Martina Fuchs, TV anchor and business journalist for CGTN and Chery Kang, correspondent for CNBC Asia Pacific. Both ladies have covered some of the world’s top business and political events such as the World Economic Forum (Davos) and G20 Summit. They will layout for us their journey of how they not only managed to achieve such significant accomplishment but also make a difference in people’s lives at the same time. Veronique J. A. Lafon-Vinais, Executive Director, Career Development & Corporate OutreachAssociate Professor of Business Education, Dpt of Finance, HKUST Ms Veronique Lafon-Vinais is a seasoned financial market professional with over 20 years of banking and capital markets experience. She has worked in all the major financial markets and has extensive experience in all the major debt markets. Veronique joined Credit Agricole in Paris in 1980 after graduating from HEC; she moved to First Chicago (now part of JP Morgan) in London in 1984 then to Chicago in 1990. In 1991 Veronique joined Union Investissements, the M&A and corporate finance subsidiary of Credit Agricole in Paris to work on various M&A and corporate finance advisory projects. Veronique moved to Hong Kong in 1994 joining First Chicago as Managing Director, Head of Financial Markets, Asia Pacific. She joined Standard Chartered Bank plc as Head of Treasury Origination in 2000 and retired from banking in 2001. Martina Fuchs, TV anchor and business journalist for CGTN Martina Fuchs is an international TV Anchor, Business Journalist, Event Moderator, Expert on China and the Middle East, and speak 9 languages. She currently works as Europe Business Correspondent for Chinese state broadcaster China Global Television Network (CGTN), International Consultant for the Lang Lang International Music Foundation, and International Advisor for the St. Gallen Symposium. Previously, She was CNNMoney Switzerland TV Anchor in Zurich and CGTN Senior Business Reporter in Beijing. Before that, She worked as Reuters Economy Correspondent for the Gulf Arab region in Dubai and Reuters Financial TV Producer in London. She holds a Master in International Economic History from the University in Geneva, Switzerland, a Postgraduate Diploma in TV Journalism from the American University in Cairo, Egypt, and a Master of Science in Global Finance (MSGF) from the Hong Kong University of Science and Technology (HKUST) and the New York University (NYU) Stern Business School. Chery Kang, correspondent at CNBC Asia Pacific Chery Kang is a correspondent for CNBC Asia Pacific. She is based in Hong Kong and covers the Asia-Pacific business news across all CNBC programming. Prior to joining CNBC, Chery was a prime-time anchor for Arirang TV in Seoul and later, worked as a correspondent at SBS CNBC. With over a decade of experience, Chery has covered daily market news and in-depth reports throughout her career. Her highlight coverage over the years includes G20 summit, Davos Forum, North Korean nuclear crisis, the impeachment of former South Korean president, and Hong Kong anti-extradition bill protest. August 25 2020, 6:30 pm - 7:30 pm ATTENDANCE FEES Non-Members: 120HKD	cc/2021-04/en_head_0017.json.gz/line1065
__label__wiki	0.853952	0.853952	Pandemic has created perfect storm for plastic surgery boom by Danielle Braff, Posted: December 14, 2020 Botox shot (Dreamstime/TNS) handout / MCT After logging many hours on Zoom, Sarah Hayes became distressed. "I noticed my face was starting to look older: fine lines and droopy," said the senior program manager for a financial firm in New Hampshire. "I'm definitely bothered by my lines more on video than in real life." So, she decided to get Botox. Call it a Zoom boom. Or an opportune moment. Plastic surgeons across the globe are anecdotally reporting an unprecedented number of requests for procedures. "It is unknown if this is pent-up demand from the months of shutdown when patients were not able to get their procedures, or increased interest because of other potential factors," said Adam Ross, spokesman for the American Society of Plastic Surgeons, adding that the organization would not have estimates for the number of procedures done this year until spring 2021. It has been the perfect storm, according to those in the field. Many workers are spending more time on Zoom, which isn’t the most flattering of mirrors. They’re also realizing they won’t have to return to an office anytime soon, which will make recovery, and keeping surgery private, easier. Those who choose facial surgery can cover postoperative swelling with a mask when in public. Add to that the backlog of patients whose procedures were postponed during shutdowns, and the cosmetic surgeon’s clinic or operating room has become a coveted place to be. Jon Mendelsohn, medical director of Advanced Cosmetic Surgery & Laser Center in Cincinnati, said injectable procedures such as Botox and fillers were up 90% compared with the same period last year. He doubled his days in the operating room and extended his hours drastically. "During the virtual consultations, 9 out of 10 people commented about noticing these things over Zoom," Mendelsohn said. Jason Champagne, a plastic surgeon in Beverly Hills, Calif., said many people focus on their chin, jawline and neck on Zoom, because the camera angles tend to accentuate those features. "We are not accustomed to seeing ourselves while in conversation with others, so people are paying attention to their facial movements and features while speaking," Champagne said. But Zoom is only partly responsible for the spike in interest, and simple injectable procedures aren't the only ones in high demand. Other people who had considered cosmetic surgery in the past had postponed the idea because of the significant downtime required post-surgery - usually two to four weeks for procedures such as facelifts, for example. But now that they're working from home, they're reevaluating. "There are people who thought they'd never have downtime, because they were going to the office every day," said Steven Levine, a New York-based plastic surgeon. Now that they're working from home, he added, they might feel okay getting back to their remote desks after just a few days off, because no one can see them. Still other potential patients are taking advantage of the fact that there aren't any in-person weddings, bar or bat mitzvahs, or major vacations to work around, Levine said. Plus, if they are still employed, they aren't spending money on those vacations or many other pre-pandemic activities, and they may have extra cash to spend. The slowed-down social scene is the reason that Iva Marra, star of the Australian reality show "Yummy Mummies," has scheduled four procedures with surgeon Daniel Lanzer, including liposuction and a neck lift. "Events haven't fully ramped up yet, not many people are going out, so if everyone is home, it's the perfect time to recover," Marra said. If you're a prospective patient, you should ensure that your surgeon is following recommendations from the Centers for Disease Control and Prevention, Lanzer said, which include limiting in-office visits, conducting coronavirus screenings of staff and patients, and requiring everyone to wear face masks. "When performed safely, there is no extra risk of covid with cosmetic surgery," he said. Another factor to consider is what you expect from the surgery. Suzanne Trott, a board-certified plastic surgeon in Beverly Hills, said it's not about how you look on Zoom, but about how you feel that makes going forward with a cosmetic procedure worthwhile. "When you feel more confident, you will project a more positive image, and you will actually be more productive and successful with your work," she said. But therapists are more hesitant to recommend cosmetic surgery as a quick fix. "The way in which you look does not have as much of an impact as one might think on one's life," said Michael Mazius, a behavioral psychologist in Mequon, Wis. "If you like the way you look after surgery and it gives you newfound confidence, it's unlikely the confidence will last if you haven't meaningfully altered the architecture of your mind." Still, psychologists aren't surprised that people are turning to cosmetic surgery during the pandemic. Robin Hornstein, a psychologist in Philadelphia, said we're all feeling out of control at the moment, and a step like this puts people in control of something. Also, she said, it's important to remember that video meetings are a new situation for most of us. "In this way, a Zoom-inspired plastic surgery may be based on a new reality, and I would caution the judgment it elicits about our looks," Hornstein said. "I, for one, am tired of looking at my own face all day - and I like myself." You shouldn’t expect cosmetic surgery to make you happy, Hornstein said. It may, however, erase your frown lines. Posted: December 14, 2020 - 4:52 AM Danielle Braff How a Montgomery County firm’s unusual medical device helped track Joe Biden’s broken foot Terri Akman, For the Inquirer Accolade Inc., a Plymouth Meeting health-care navigator, branches out into second opinions to help patients Harold Brubaker Affordable Care Act open enrollment ends Friday in Pennsylvania COVID-19 vaccines starting to reach Philly area’s intellectually disabled community U.S. to require all arriving airline passengers to get COVID-19 test David Koenig and Mike Stobbe, Associated Press Pa. Attorney General drops opposition to Jefferson-Einstein deal	cc/2021-04/en_head_0017.json.gz/line1067
__label__cc	0.57704	0.42296	Iran regional meeting to champion INTERPOL’s Central Asian anti-terror 'Shield' TEHRAN, Iran – The need to harness a pro-active, multi-disciplinary approach in terrorism-related investigations is the focus of the fourth working group meeting opening today in Tehran on Project Kalkan, INTERPOL’s on-going anti-terrorism initiative in Central Asia. The two-day meeting draws together countries from the Central Asia region as well as from Africa, Asia and Europe and will review progress on the collaborative regional project amongst its 19 core countries. Specific issues under discussion include counter terrorism initiatives and operational cases, terrorism financing and the recruitment methods of terrorist groups. Project Kalkan – meaning Shield in Central Asian countries – is one of several key regional components of INTERPOL’s multi-region Fusion Task Force (FTF) which was created in 2002 to identify active terrorist groups, and to collect, share and analyze information and intelligence on their activities. From just five initial member countries at the launch of Project Kalkan in 2004, following terrorist attacks in Tashkent, a total of 60 INTERPOL member countries are now sharing terrorism-related information as part of the initiative. INTERPOL Secretary General Ronald K. Noble, on his first visit to Iran, told the meeting in his opening speech that these results bore out Project Kalkan as an excellent example of a coherent collaborative approach to security in the region, a far cry from 2004 when there had been little knowledge of the value of global tools to regional security, he said. 'Clearly, one of INTERPOL's responsibilities towards its 186 member countries is to maintain and develop strategic alliances with regional groupings and international organizations whose objectives are compatible with INTERPOL's stated aims,' Secretary General Noble said. 'INTERPOL will therefore continually seek to integrate its activities, network and resources with such regional initiatives in order to fight terrorism and global crime.' In the three-years that followed the launch of the project, there were 176 confirmed international arrests of wanted terrorists from the region for whom INTERPOL notices or diffusions had been issued. Of interest is that 140 of these 176 arrests were made in Europe – a strong indicator that terrorism in the region has an important global reach – and this explains why Project Kalkan now brings together more than 60 countries from all regions of the world, as well as the Organization for Security and Co-operation in Europe, a key institutional partner of this project. Through FTF Project Kalkan (Central Asia), Amazon (Central and South America), Pacific (Southeast Asia), Nexus (Europe), Middle East and Baobab (Africa), a network of nearly 200 contact officers worldwide has been established, exchanging thousands of messages between each other and with INTERPOL on suspected terrorists and developing profiles of suspect individuals in the FTF’s terrorist registry.	cc/2021-04/en_head_0017.json.gz/line1069
__label__wiki	0.939801	0.939801	Song of the Sea and the hand-drawn animation revival 10 Jul 2015 BY Joe Ursell in Film Features Home \| News & Views \| Song of the Sea and the hand-drawn animation revival Most animated films are made by big Hollywood studios, but there is a shift - more and more animations are being made by smaller companies in other countries. In the UK we have Aardman Animations, responsible for Shaun The Sheep and Wallace & Gromit; in France there is Folimage, who made the brilliant A Cat In Paris and the upcoming Phantom Boy, and Japan has the legendary Studio Ghibli, responsible for such classics as The Wind Rises and Spirited Away. Also making waves is Irish studio Cartoon Saloon, with their two films The Secret of Kells and Song of the Sea.The Secret of Kells was nominated for an Oscar and is one of the most popular films with our film clubs. We're willing to bet that Song of the Sea (also nominated for an Oscar) quickly becomes just as successful and Cartoon Saloon start giving Hollywood a real run for its money. Fans of The Secret of Kells should keep their eyes peeled when watching Song of the Sea, as Aisling makes a surprise appearance. Let us know in your review if you spot her. Hand-drawn techniques As opposed to computer-generated animation, the whole of Song of the Sea is hand animated. Hand-drawn animation looks beautiful, but it is also a very long process - each second of footage requires twelve drawings per character. The tradition of hand drawn animation seemed to dying out, but the popularity of recent films such as The Tale of The Princess Kaguya, as well as the Disney short film Paperman prove that hand-drawn animation still has an audience. Song of the Sea is about an Irish boy called Ben, who lives on a remote island and discovers that his mute younger sister Saoirse is actually a mysterious creature called a selkie. The turn of events sees them set off on a wondrous journey full of challenges and adventures, taking in enchanted forests, Faeries and magical wells, in a story inspired by ancient myths and legends from Celtic culture. But the filmmakers also wanted to make the film relatable, so like many of the best animated films, such as Bambi and the recent Big Hero 6, it also deals with complicated human emotions in a very recognisable way. Selkies are mythological creatures in Scottish and Irish culture, half-human, half-seal, living in the sea and on the land, and gifted with magical songs. They also play an important part in The Secret of Roan Inish, another of our favourites, described as 'spellbinding' by a member of our Youth Advisory Council. More myths and legends Folklore stories form the basis of lots of films from around the world. Some of our favourites are The Sword in the Stone, The Adventures of Robin Hood; Snow White; and Tangled. Many more films draw heavily on ancient myths and legends, such as How to Train Your Dragon, The Lord of the Rings, and Brave. The film begins with lines taken from a poem called 'The Stolen Child' by the famous Irish poet WB Yeats. He was particularly known for including references to local myths and folklore in his writing. In Song of the Sea, scary witch Macha tries to turn Saoirse to stone. This is another common feature in myths and legends and is called petrifaction. Have you heard of the Greek legend of Medusa, a monster with live snakes instead of hair? People would be turned to stone just by looking at her. Think too of The White Witch in the Chronicles of Narnia stories or of Bellatrix Lestrange in the Harry Potter films. About the filmmakers Song of the Sea's Director, Tomm Moore, says he was inspired by lots of the Studio Ghibli films when making this film, particularly My Neighbour Totoro, which is also about magical adventures in a mysterious forest. Tomm was also inspired by his own childhood memories of watching the Irish fable Into the West, about two children whose lives are transformed when their grandfather brings them a beautiful white horse. Like all film directors,Tomm had to be very aware of his audience while he was making the film. To be sure that children would enjoy and understand the finished story, Tomm screened parts of the film at his local primary school, long before anybody else in the world could watch it. The filmmakers wanted the sounds in the film to feel as real as possible. So instead of using archive sounds that are commonly used, they went out into forests and onto the sea itself to record sounds as captured in the wild. Tomm is already busy working on his next film, called The Wolf Walkers, which is set in Ireland during the 1650s and is again based on ancient folklore. Cartoon Saloon are also making The Bread Winner, which is set in modern-day Afghanistan. We're eagerly anticipating both!	cc/2021-04/en_head_0017.json.gz/line1070
__label__wiki	0.996544	0.996544	even more games 3 Capcom games that could launch before March 2021 The company teased "major new titles” are coming soon. What could they be? Capcom, the developer and publisher behind the Resident Evil and Monster Hunter series, confirmed on Tuesday that it has plans to release a flurry of new games throughout the rest of 2020 and early 2021. The company is hot off the release of the Resident 3 Remake in April but has even bigger surprises for fans over the course of the next year. What might they be? Capcom released a quarterly financial report on Tuesday that details plans for the 2021 Fiscal Year which runs from April 2020 to the end of March 2021, and the company revealed that it aims to “release major new titles” by the end of that time period. In all likelihood, that probably means three or four new games. Capcom also broke down how it intends to double-down on a digital release-focused strategy during the coronavirus pandemic, so fans might be in store for a handful of Nintendo Direct-style announcements from the company very soon. But what could Capcom have up its sleeve? The game developer and publisher owns a massive roster of IPs, ranging from the fast fantasy world of Monster Hunter to classic franchises like Mega Man. Here are three Capcom releases that could be right around the corner: The follow-up to 'Resident Evil 7: Biohazard' might be here soon. Capcom While looking back on the Resident Evil franchise has been a business boon for Capcom, it hasn’t added a new installment to the series since 2017 with the release of Resident Evil 7: Biohazard. But there’s plenty of evidence to suggest Resident Evil 8 could soon be announced. Industry insider Dusk Golem first leaked information about Resident Evil 8 on April 3 via a Twitter thread: "'Resident Evil 2021' is Resident Evil 8, but it wasn't always RE8," they wrote. "During most of its development, it existed as Revelations 3." They claim it became the next mainline entry after positive internal testing. "Hallucinations, occultism, insanity and not being able to trust others are huge thematics of the game," they wrote, also noting the return of Ethan Winters, Resident Evil 7's protagonist, who would have to contend with werewolves in a "snowy village." The 'Resident Evil' remakes have been so successful that Capcom could be cooking another right now. Capcom The RE3 Remake has already sold 2.5 units since its April 3 launch, according to Capcom’s latest financial report, which leaves the door open for the seemingly inevitable release of Resident Evil 4 Remake. Such a remake hasn’t been officially confirmed yet, but it has been allegedly leaked by multiple sources. On April 12, Video Games Chronicle revealed that the remake did exist and was in development. The leak was short on gameplay and story details, but revealed it had the blessing of series creator Shinji Mikami and is in full development and Resident Evil 3 co-developer M-Two. Dusk Golem subsequently backed up those claims, saying that M-Two started its development in 2018. Both the RE2 and RE3 remakes were released about a year apart, so a March 2021 released date for RE4 Remake wouldn’t come as a total surprise. 'Street Fighter 5' have received a ton of DLC expansions, but could a new game be just over the horizon? Capcom Capcom’s iconic fighting game franchise was last updated in February 2016 with the release of Street Fighter 5. The title has received a steady stream of DLC expansion in the form of new characters, maps, and challenges, but Capcom could be cooking up a new addition to Street Fighter for the upcoming PlayStation 5. After the Capcom Cup 2019 Street Fighter 5 finals, the company announced a certain change that made fans believe that Street Fighter 6 could be slated for a 2021 release. Capcom stated that the 2020 champion will not automatically qualify to compete in the 2021 Capcom Cup, which is exactly what it did in 2016 when it transitioned the annual tournament from Street Fighter 4 to Street Fighter 5. Granted, Street Fighter 5 was released a whopping eight years after Street Fighter 4 so it does seem a bit early for another installment. But the Capcom Cup statement has raised a lot of eyebrows.	cc/2021-04/en_head_0017.json.gz/line1071
__label__cc	0.629179	0.370821	Follow @income_inv https://www.incomeinvestors.com/collect-10-8-percent-yield-from-this-high-dividend-stock/20992/ Sunoco LP: 10.8% Yield from This High Dividend Stock Jing Pan, B.Sc., MA Income Investors 2017-05-18T08:00:36Z 2017-08-23 05:39:33 high dividend stock high dividend stocks Sunoco LP Sunoco stock NYSE:SUN SUN stock dividend paying stock dividend yield Double-digit yielders are not always the safest picks for income investors, but you may want to make an exception for Sunoco LP (NYSE:SUN). Dividend Stocks,News,Sunoco Stock https://www.incomeinvestors.com/wp-content/uploads/2017/05/High-dividend-stock-150x150.jpg Sunoco LP: 10.8% Yield from This High Dividend Stock By Jing Pan, B.Sc., MA \| May 18, 2017 This High-Dividend Stock Now Yields 10.8% With the stock market soaring past its all-time high, not many people cared about high-dividend stocks. Still, for income investors, using high-yield stocks to boost portfolio returns can have its benefits. For instance, if you invest $200,000 in a portfolio that’s currently yielding five percent, you can collect a return of $10,000 in a year. If the portfolio can yield 10%, though, you would only need $100,000 of initial investment to have the same dollar return. That’s an extra $100,000 that you can spend, invest, or do whatever you want with. The thing is, most companies don’t offer a yield of 10%, or even five percent. In fact, the average dividend yield of S&P 500 companies right now is less than two percent. This means if you want to collect $10,000 a year from dividends of an S&P 500 portfolio, you would need to set aside a whopping $500,000. Fortunately, there are still companies paying solid dividends. Sunoco LP (NYSE:SUN), for instance, is a high-dividend stock that’s currently yielding 10.8%. Sunoco LP is a master limited partnership (MLP) that operates through two main segments, wholesale fuel distribution and retail convenience stores. In its wholesale business, the partnership distributes Sunoco-branded motor fuel to approximately 7,825 convenience stores, independent dealers, distributors, and commercial customers. In 2016, the partnership distributed 5.3 billion gallons of third party wholesale fuel. In the retail segment, Sunoco operates approximately 1,355 convenience stores. These stores sold 2.5-billion gallons of retail fuel and generated $2.3 billion in merchandise sales in 2016. In an industry where the product is highly commoditized, Sunoco managed to build a strong brand name. The partnership’s Sunoco fuel brand has been around for 125 years. It is currently the only non-refiner wholesaler that has its own fuel brand. Furthermore, Sunoco boosted its brand by having a strong presence in motor racing. The company is the largest manufacturer and marketer of racing fuels in the world and is currently the official fuel sponsor of NASCAR. Sunoco also provides the official racing fuel to over 500 racetracks in the U.S. Chris/Flickr Strong Brand Presence Of course, in this day and age, having a brand name does not guarantee success in the energy industry, especially with the downturn in oil prices. However, note that Sunoco’s wholesale motor fuel distribution business is secured by long-term, fee-based distribution contracts. This provides stability to the partnership’s cash flow. But what about retail? Well, as it turns out, Sunoco is divesting its retail business. In April, the company announced that it would sell most of its convenience stores to 7-Eleven, Inc. in a deal worth $3.3 billion. (Source: “Sunoco LP Announces Strategic Divestiture of Convenience Stores in Continental United States,” Sunoco LP, April 6, 2017.) Under this agreement, Sunoco would sell approximately 1,110 convenience stores located in 19 geographic regions. Moreover, after 7-Eleven acquires these stores, they would continue to sell Sunoco brand fuels. The companies have entered into a 15-year take-or-pay fuel supply agreement. The transaction is expected to close by the fourth quarter of 2017. This is great news for Sunoco. The company not only got rid of most of its retail business, but maintained its fuel distribution to these convenience stores through a long-term, fixed-rate take-or-pay supply contract. At the same time, Sunoco can use the proceeds from this transaction to repay its debt and improve its financial profile. According to the partnership, Sunoco would reduce its long-term leverage target to a range of 4.50 to 4.75 times. Improving Financial Profile (Source: “Divestiture of Retail Operations in Continental U.S.,” Sunoco LP, last accessed May 16, 2017.) The divestiture is also good news for investors counting on Sunoco’s distributions. While transaction expenses would certainly have an impact at first, reducing leverage would eventually allow Sunoco to target a long-term distribution coverage ratio of 1.1 times. In addition, retail has been the more capital-intensive part of Sunoco’s business. With the retail business massively reduced, the partnership would be able to reduce its capital needs by nearly 50% from its initial 2017 guidance of $290.0 million. The Bottom Line on This High Dividend Stock Shares of Sunoco LP stock are up more than 25% since the divestiture announcement. A company’s dividend yield moves inversely to its price. But, even with a higher price, Sunoco is still yielding an impressive 10.8%. Investors looking to boost the yield of their income portfolios should seriously consider this high-dividend stock. 5 Oil ETFs to Invest in 2017 7 Energy Stocks That Pay Healthy Dividends Sign up to receive our FREE Income Investors newsletter along with our special offers and get our FREE report: 5 Dividend Stocks to Own Forever This is an entirely free service. We hate spam as much as you do. PPL Corp: Boring Utility Is a High-Yield Cash Cow Illinois Tool Works Inc.: A Little-Known Powerhouse for Dividend Investors EPD Stock: Look at This Safe, Rising, 8.4% Yielder British American Tobacco PLC: Cigarette Maker With 7.1% Yield Raises Guidance Starwood Property Trust, Inc.: 10.4% Dividend Yield Hard to Ignore Energy Transfer LP: 8.5% Yield an Opportunity for Income Investors? GlaxoSmithKline plc: A High-Yield Stock You Likely Haven’t Considered BlackRock TCP Capital Corp: Investors Can Earn a 10.4% Yield U.S. Bancorp: Returning Another $3 Billion to Investors? Kimberly Clark Corp: Is Recent Pullback an Opportunity for Dividend Investors? We hate spam as much as you do. Check out our privacy policy. This is an entirely free service. No credit card required. You can opt-out at anytime. John Whitefoot Jing Pan © Copyright 2021: Income Investors. All rights reserved. No part of this document may be used or reproduced in any manner or means, including print, electronic, mechanical, or by any information storage and retrieval system whatsoever, without written permission from the copyright holder. Dear Reader: There is no magic formula to getting rich. Success in investment vehicles with the best prospects for price appreciation can only be achieved through proper and rigorous research and analysis. We are 100% independent in that we are not affiliated with any bank or brokerage house. Information contained herein, while believed to be correct, is not guaranteed as accurate. 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__label__wiki	0.992375	0.992375	Clemson Football: Quarterbacks' even split, Etienne's day highlight under-the-radar stats Marcel Louis-Jacques Anderson Independent Mail Saturday's game between No.2 Clemson and Georgia Southern came and went without any inclement weather, treating fans to a predictable, yet much-needed afternoon of football as Hurricane Florence worked its way through the Carolinas. Despite the final score, there were a few important statistical takeaways from the game, including: On its 136th play of the 2018 season, Clemson committed its first turnover — a Kelly Bryant interception. That streak represents Clemson's most plays without a turnover to start a season since 2005, when Charlie Whitehurst threw an interception on the team's 219th play of the season in its third game. Travis Etienne finished a game with double-digit carries for just the fourth time in his career, an almost-incomprehensible figure given he led the team in rushing last season. After receiving just eight carries against Texas A&M, Etienne set career-highs in carries and rushing yards with 162 yards on 16 attempts. Over his 16-game career, Etienne has now rushed for 1,036 yards and 17 touchdowns on 142 carries, good for an average of 7.3 yards per carry. In the 12 games he received single-digit carries, he's run for 676 yards and 11 scores on 86 touches, which averages out to an absurd 7.86 yards per carry. In the four games he's carried the ball 10 or more times, Etienne racked up 390 yards and six scores on 56 carries, which equates to a still-absurd 6.9 yards per carry. Yesterday was a sloppy day by Clemson's standards, as the team turned the ball over three times. This type of performance is a rarity for the Tigers over the past two seasons; they didn't register a single three-turnover game in 2017. However, Dabo Swinney's teams have turned the ball over three or more times in 26 games since 2009, winning 15 of them. With its 3-0 start to the 2018 season, Clemson has won its first three games of the season for the fourth time in a row — the longest streak in program history. It's especially impressive given the non-conference opponents Clemson beat early in the season: Texas A&M, Auburn in 2017 and Auburn again in 2016. Through three games, Trevor Lawrence and Kelly Bryant have each thrown 43 passes with remarkably similar production. Lawrence has completed 26 passes for 424 yards, five touchdowns and one interception, while Bryant completed 29 passes for 400 yards, two touchdowns and one interception. Clemson's coaching staff has described this as a true two-quarterback situation and the numbers don't lie here. Both players have received equal opportunity on the field. Freshman wide receiver Justyn Ross' first career catch turned into his first career touchdown in Week 1, and he dazzled the Memorial Stadium crowd once again Saturday with a 57-yard catch-and-run for his second career score. The former four-star recruit has now scored on 40 percent of his five career catches, is fourth on the team in receiving yards and leads the team in receiving touchdowns. Not a bad start to his career.	cc/2021-04/en_head_0017.json.gz/line1076
__label__wiki	0.90782	0.90782	‘Pavarotti’ Review: Ron Howard Doc About History’s Greatest Tenor Needs a Stronger Voice A warm but distant documentary about the most lucrative tenor who’s ever lived. @davidehrlich Ron Howard’s “Pavarotti” is a warm but distant (and hagiographic) documentary about the most lucrative tenor who’s ever lived. It opens with its boisterous namesake belting out an aria in the middle of the Amazon, and then spends the rest of its running time showing us how the humble son of an Italian baker managed to fulfill his dream of bringing opera to the entire world. That’s a hell of a story — more than compelling enough to sustain a well-edited womb-to-tomb portrait that moves along a clean upward trajectory. But while this film provides an open invitation for people to rediscover Pavarotti’s genius, the man behind the Maestro remains something of a mystery. If the best moments of Howard’s doc suggest that Pavarotti was a pure soul whose generosity resonated as strongly as his vibrato, the worst stretches leave the flimsy impression that this larger-than-life figure was just an empty vessel for the 20th century’s fullest voice. Made with the full support and participation of Pavarotti’s family, Howard’s film tells the surface-level story of a charismatic man who was born with a gift, and devoted his life to sharing it with as many people as possible. And thanks to a wealth of archival material — including family photographs, performance recordings, and choice video interviews — Howard is able to make it seem as though his subject were born with no other purpose. New Movies: Release Calendar for January 15, Plus Where to Watch the Latest Films 'Outside the Wire' Review: Anthony Mackie Is an Android Soldier in Netflix's Silly Future 'Training Day' HBO Max: The Under-the-Radar TV Shows You Should Add to Your Queue Every IndieWire TV Review from 2020, Ranked by Grade from Best to Worst There’s an entrancing sense of inevitability to how “Pavarotti” sketches the singer’s formative years in just a few quick strokes, as if Pavarotti was just some poor kid from Modena, Italy who inherited his father’s business. And, in a way, perhaps he was. One quote, lifted from a mid-career television piece, speaks volumes: “My father was a baker and a tenor,” Pavarotti says, giving all three nouns in that sentence equal weight. That’s where Howard’s refined storytelling instincts kick in, as he recognizes how there were really only two relevant moments in his subject’s young life: When Pavarotti discovered that he could hit a high C, and when other people discovered that Pavarotti could hit a high C. And just like that — before opera neophytes and non-fans have time to remember how little they think they care — the film confronts us with a scratchy recording of the Maestro’s first-ever performance of “La Bohème,” and the course of history takes hold from there. Bottomless yet filled with feeling, Pavarotti’s voice is most defined by the immediacy of its power, and Howard is smart not to awe at the sound of it; hearing that music warble out of a human being is all that it takes to appreciate why doors opened and the earth moved every time Pavarotti opened his mouth. The singer insists that the voice is like a jealous lover that’s impossible to control, but the notes always seem to do his bidding (despite the stage fright that inspired him to wave an iconic white handkerchief around during his recitals), and brief asides about how opera singers master their air flows only make it easier to appreciate Pavarotti’s genius). The talent was just there, and whatever time the Maestro spent training is brushed under the rug. Someone insists that Pavarotti’s voice could be a heavy burden, but it seems to carry him as often as he carried it. Or perhaps, to use a different metaphor, they both had one hand on the wheel. One of Howard’s talking heads (either his first wife or one of their three daughters) insists that Pavarotti “was not someone who planned things,” and the documentary bears that out, as it careens from one great success to another before inviting the singer’s managers and bookers to explain how Pavarotti eventually broke down the barriers between opera and mass culture. But while Howard makes clear that Pavarotti received plenty of criticism for “betraying” his background with his wildly popular crossover work, the man himself is painted as the only victim of his success. Although Howard interviews soprano Madelyn Renee, and even includes a video clip of the first meeting between the Maestro and his mistress, “Pavarotti” makes it seem as though the opera star was an innocent bystander in their affair. And while Howard offers a passage in which Pavarotti puts his career on hold to care for his daughter during a terrible illness, the director carefully dances around the singer’s controversial romance with his second wife; we see why a divorce was scandalous for one of the world’s most famous Catholics, but the film elides how the fallout landed on Pavarotti’s family. The harder that Howard leans into his subject’s charity work in the ’90s — with extra attention being paid to his very special friendship Princess Diana — the more we’re left to wonder if his aggressive fight against global suffering was meant to deflect from the hurt he caused at home. At one point, Bono tells a story about how persuasive and unrelenting Pavarotti could be, referring to him as “one of the great emotional arm-wrestlers of all time,” and the edge in his voice is the film’s only clear glimpse of a man who may have needed to be liked more than he needed to be loved. Pavarotti was blessed with a profoundly real gift, but he offered it to people with a huckster’s ability to make his marks feel like friends for as long as he gave them his attention; the spotlight followed him everywhere he went, and it was bright enough to blind those closest to him. “Pavarotti,” much like its subject, is fun and full of life for as long as it lasts, but as soon as it’s over you realize how little of it you got to see. Howard’s doc offers a crystal clear record of how Pavarotti brought opera to the world, but it leaves us guessing at what he might have left behind. CBS Films will release “Pavarotti” in theaters on June 7. This Article is related to: Film and tagged Pavarotti, Reviews, Ron Howard	cc/2021-04/en_head_0017.json.gz/line1077
__label__wiki	0.783225	0.783225	Home / Featured / India / Indian Navy / Naval Engineering / Navy / News / Surveillance / VC 11184 — Indian Navy's First Ocean Surveillance Ship VC 11184 — Indian Navy's First Ocean Surveillance Ship IndraStra Global Friday, July 20, 2018 Featured , India , Indian Navy , Naval Engineering , Navy , News , Surveillance Edit By IndraStra Global News Team Image Attribute: Floating out of VC 11184 Ocean Surveillance Ship at Hindustan Shipyard Limited (HSL), Visakhapatnam, April 25, 2016, / Source: Wikipedia The VC 11184, an Indian Ocean Surveillance Ship (OSS), being custom built for the Indian Navy by Hindustan Shipyard Limited (HSL) (The shipyard was transferred from India's Ministry of Shipping to Ministry of Defence on February 22, 2010), is on its way to completion just over four years after its keel was laid. The OSS programme is under the direct control of the prime minister’s office routed through the national security advisor. The ship (yet to receive a formal commissioning name, as of now it's using the designated yard number) will be the — "first" to be a "dedicated element" — in the second phase of India’s multi-tiered Ballistic Missile Defense (BMD) architecture and also be deployed for duties to support India’s strategic weapons program. The VC 11184 was floated out on April 25, 2016, at a ceremony. This was the first time when the HSL yard successfully undertook multiple float out of four different vessels (on the same date) at the same time in the "Building Dock". The ship cost around ₹15 billion (US$ 231.29 million) and has been designed in India by New Delhi-headquartered Vik Sandvik Design India Pvt. Ltd. (VSDI). In January 2016, a transitional rejig happened with respect to HSL's Procurement Committee, which was reconstituted by the HSL board after Rear Admiral L.V. Sarat Babu, Indian Navy (Retd.) assumed the charge of chairmanship and the role of managing director at the yard. This led to the revision of financial powers of "Procurement Sub Committee (PSC)" to directly approve the proposals for the procurement of materials and equipment valued between ₹250 million (US$ 3.6 million) to ₹500 million (US$ 7.2 million) for the Project VC 11184 only. Architectural Design Attribute: VC 11184, Vik Sandvik Design India (VSDI) \| Commodore Saibal Sen (Indian Navy), the Project Director of VC 11184 was a special invitee for 4th and 5th Project Review Committee held at the shipyard on September 26, 2016, and March 31, 2017, respectively. The design department of HSL used AVEVA Marine software for 3D-modeling of Structural foundations and complete modeling of heating, ventilation, and air conditioning (HVAC) and modifications in piping and cable trays for VC 11184. The software has a capability to model a complete ship, extract the design drawings & documentation; and build a complete end-2-end knowledge repository in AVEVA Marine. The VC 11184 has a displacement of more than 10,000 tonnes, length of 175m, a beam of 22m, depth of 6m and can attain a speed of 21 knots (kN). It is powered by two imported 9000kW combined diesel and diesel (CODAD) configuration engines and three 1200 ekW auxiliary generators. CODAD is a propulsion system for ships using two diesel engines to power a single propeller shaft. A gearbox and clutches enable either of the engines or both of them together to drive the shaft. Diagram Attribute: Principle of a CODAD propulsion system - Diagram of a single shaft CODAD system. Note that a real CODAD system would have a different gearbox and clutch arrangement. / Source: Wikipedia As per the publicly available information, the OSS is fitted with primary X-Band and secondary S-Band active electronically scanned array (AESA) radar to monitor indigenously developed strategic and other missile systems. It can also identify decoys with actual warheads fired from multiple independently targetable reentry vehicle (MIRV) warhead capable ballistic missiles. Also, there is a helicopter deck (or helo deck) located on the stern to accommodate a single helicopter. It will be manned by a crew of 300 navy personnel, including a special team from National Technical Research Organisation (NTRO). The ship is currently said to be undergoing harbor trials in Visakhapatnam, a major naval base situated at the eastern seaboard. Later it will embark on a full-fledged sea trial. The main focus of the trial phase is to assess the efficiency of the ship’s surveillance hardware and tracking antennae. It is set to be delivered by December 2018. DISCLAIMER: All actual statements and figures have been sourced and analyzed from publicly available information such as Annual Reports, News Briefings, and Press Releases.	cc/2021-04/en_head_0017.json.gz/line1078
__label__cc	0.724407	0.275593	Marcos Alepuz Requena, M.Sc. R&D Manager of IVI Foundation. IVI Foundation Home/Investigators and Research Centers/Investigators/Marcos Alepuz Requena, M.Sc. Marcos Alepuz Requena, M.Sc., is the R&D Manager of IVI Foundation. Mr. Alepuz obtained his Industrial Engineering from the Polytechnic University of Valencia in 2000, followed by a M.Sc. in Rotating Machines at Cranfield University, United Kingdom. He also obtained a Degree in Biotechnology and Business in 2010 and a Bachelor’s Degree in Organization Engineering from the Polytechnic University of Valencia in 2017. He served as a researcher in the aerospace and biomedical area from 2000 until 2004. Since then, he has worked as R&D Manager in some research centers and from 2007 at IVI Foundation. M. Eng. Polytechnic University of Valencia, Spain (2000) M. Sc. Cranfield University, UK (2000) B. Eng Polytechnic University of Valencia, Spain (2017)	cc/2021-04/en_head_0017.json.gz/line1080
__label__wiki	0.660767	0.660767	International Road Federation U.S. Transportation Policy Update 07 December 2009 In the last couple of weeks, we have seen further action from both Congress and the White House on their budget plans that will guide the transportation reauthorization bill for the next six years. Last Thursday, the President proposed large increases for rail and highways in his 2010 Budget plan, including the largest amount of funding that any president has requested for Amtrak or for the development of High-speed rail in the United States. He requested $1.5 billion for Amtrak and another $1 billion for high-speed rail, attempting to lay the foundation for the long term growth. On April 29th, Congress passed the 2010 Budget resolution that establishes a minimum funding level at $324 billion over the next six years for highway, highway safety and transit programs. The $324 billion baseline established in the budget is a 13% increase over the current program that expires in September. The budget also includes a reserve fund to allow for an increase above this funding level to the extent it can be supported by the Highway Trust Fund. Transportation Reauthorization Bill Over the last couple of months, the House Transportation and Infrastructure Committee has turned its attention to the mammoth transportation reauthorization bill. This bill serves as a blueprint for federal transportation programs and spending priorities. Rep. Jim Oberstar, (D-Mn), Chairman of the House Transportation Committee has said he intends to use the bill to continue the recovery efforts started by infrastructure spending in the stimulus, while also modernizing the nationâ€™s surface transportation systems. Chairman Oberstar, ranking member John Mica (R-Fl), and Highways and Transit Subcommittee Chairman Peter DeFazio (D-Or), and ranking member John Duncan, (R-Tn), have all agreed to an outline of the reauthorization bill. Agreement is reported on the "major parameters of the bill" with the exception of how to pay for it. There will be a heightened focus on intermodal traveling and "livability" ideas in the bill, along with language to speed up the project approval process. Additionally, a key issue in the debate will be overhauling the financing mechanism that pays for road construction and other surface transportation programs. Oberstar is hopeful that he will be able to introduce the bill in May and win House approval of the House package by the end of June. He expressed confidence that Congress would meet their deadline for final passage of the Reauthorization by September. Highway Trust Fund Despite the proposed funding increases for the reauthorization bill, many argue that it still falls too short of the funds needed to maintain our current highway system. It is widely acknowledged that the current fuel-tax based financing system is unsustainable and many have proposed a gradual move towards a system based on direct user payments for miles driven. The Obama Administration has shown initial interest in boosting transportation spending and put a down-payment on that plan in the economic stimulus package earlier this year. But the White House has repeatedly spoken against raising fuel taxes during a recession or moving to a mileage-based tax. But Chairman Oberstar said during a recent hearing that he believes a national vehicle miles traveled (VMT) charging system could be phased in within two years and has directed the House Subcommittee on Highways and Transit to explore it further.	cc/2021-04/en_head_0017.json.gz/line1082
__label__wiki	0.508475	0.508475	Tapan Parikh parikh@ischool.berkeley.edu tap2k.org @tap2k HCI, ICTD, information technologies for international development, governance and education Tapan Parikh is an associate professor in the Department of Information Science at Cornell Tech and an adjunct professor at the School of Information at the University of California, Berkeley. Tapan's research interests include human-computer interaction (HCI), mobile computing, paper and voice UIs and information technologies for education, governance and international development. Tapan and his students have started several technology companies serving community-based organizations (CBOs), non-governmental organizations (NGOs), governments and non-profits. He holds a Sc.B. degree in Molecular Modeling with Honors from Brown University, and M.S. and Ph.D. degrees in Computer Science from the University of Washington, where his dissertation won the William Chan Memorial award. Tapan has also received the NSF CAREER award, a Sloan Fellowship, was named TR35 Humanitarian of the Year, and has won several best paper awards for his group's work. Recent courses taught Info 213. User Interface Design and Development Info 290. ICTD Research Seminar Info 287. Entrepreneurship: New Venture Discovery Info 290. Alternative Visions of Technology MobileWorks: Designing for Quality in a Managed Crowdsourcing Architecture Mobile Phone Tools for Field-Based Health care Workers in Low-Income Countries A comparative study of speech and dialed input voice interfaces in rural India Engineering Rural Development: Improving the Performance and Accountability of Civil Society Organizations e-IMCI: Improving Pediatric Health Care in Low-Income Countries	cc/2021-04/en_head_0017.json.gz/line1085
__label__wiki	0.926624	0.926624	About The ISJL Goldring and Woldenberg Community Engagement > CE Initiatives > Literacy > Our Reading Family > ORF Program Partners TAP > TAP Basic Resources Order TAP Supplies TAP Newsletter TAP Workshops Zadeck TAP Mentors CE Department History Curriculum Highlights > ISJL Education Store Education Fellowship Lesson Plan Evaluation Encyclopedia of Southern Jewish Communities > Alabama Encyclopedia Arkansas Encyclopedia Georgia Encyclopedia Florida Encyclopedia Kentucky Encyclopedia Louisiana Encyclopedia Mississippi Encyclopedia North Carolina Encyclopedia Oklahoma Encyclopedia South Carolina Encyclopedia Tennessee Encyclopedia Texas Encyclopedia Virginia Encyclopedia Encyclopedia Credits Meet the Historian Oral History > Oral History Guide > Oral History Guide - Technology Oral History Guide - Technique Oral History Guide - Recording Oral History Guide - Archiving Oral History Guide - Notes and Appendices Southern Jewish Voices Heritage & Interpretation > Virtual Vacation Virtual Road Trip Through the Jewish South Jewish Heritage Tours > Service Learning & Alternative Break Tours Traveling Trunk Temple B'nai Israel - Natchez Cultural Programming > Presenters Roster > Programming Video Samples Rabbinical Services > Meet Our Rabbis Taste of Torah Rabbis on the Road Join the Chai Club The Susan & Macy B. Hart Fund Donor's Bill of Rights Shalom Y'all Connection in the time of Coronavirus ISJL In The News Peddler's Cart Southern & Jewish Blog ISJL Travel & Events Calendar FAN - The Fellow Alumni Network Virtual Press Kit HH Resource Overview HH Services & Worship HH Digital Prayerbooks HH Liturgy & Music HH Zoom Resources HH Pandemic Resources HH When is it safe to reopen? High Holidays Helper - Planning High Holidays Streaming Services Encyclopedia of Southern Jewish Communities - Atlanta, Georgia Overview >> Georgia >> Atlanta Atlanta: Historical Overview For almost 150 years, Atlanta has symbolized a “New South,” where commerce, industry, and economic progress overshadowed the poverty and agricultural economy of much of the rest of the region. As merchants and businessmen with little interest or experience with farming, Jews have always been a good fit in Atlanta. Jews played an important role in Atlanta’s rise and development, helping to build the city and gaining remarkable acceptance. Despite this, Atlanta has also witnessed two of the most infamous incidents of anti-Semitism in American Jewish history, as Jews were targeted by forces who opposed the economic and social changes which Jews had come to symbolize. In recent decades, Atlanta has become a national center of American Jewish life as Jews have flocked to the city from smaller cities across the South and larger cities in the North. The railroad gave birth to the city of Atlanta, and even named it. Originally founded as Marthasville in 1843, the name was too long to fit on a train ticket, which was essential as the new settlement was established as a terminus of the Georgia Railroad. Renamed Atlanta in 1845, the small town quickly became a railroad center for the southeast, growing from 500 people in 1847 to 9,500 on the eve of the Civil War. With such incredible growth, there were tremendous economic opportunities for enterprising Jewish immigrants. The Breman Jewish Heritage Museum Atlanta Jewish Life Synagogue List Stories of the Jewish Community in Atlanta The first two Jews to settle in Atlanta, Jacob Haas and Henry Levi, arrived in 1845. The two German Jewish immigrants went into business together in a general merchandise store. They didn't stay in Atlanta long; both were gone by 1851. Other early Jewish pioneers in Atlanta included Aaron Alexander, who opened the town’s first drug store, Moses Sternberger, Simon Frankfort, and Adolph Brady. These early settlers were heavily concentrated in retail trade, especially dry goods and clothing; by 1850, Jews owned 10% of Atlanta’s stores, many of which were located on Whitehall Street. During these early years, there was a high degree of population turnover, and most of these Jewish settlers did not stay in Atlanta. Of the 16 Jews who moved to Atlanta prior to 1850, only one couple, David and Eliza Mayer, still lived in the Gate City in 1860. David Mayer had become a very successful dry goods merchant; by 1859, he was worth $59,000 and owned six slaves. During this early period, there was usually not ten men to make a minyan, so religious services were held only sporadically. In 1852, one of the leading rabbis in America, Isaac Leeser, came to Atlanta and led services at someone’s home. While Rabbi Leeser urged Atlanta’s small Jewish community to found a religious congregation, it was another eight years before Atlanta Jews began to establish Jewish institutions. Most likely, it was the high degree of population turnover that slowed the process of establishing a Jewish congregation in Atlanta. In 1860, Atlanta’s Jews founded the Hebrew Benevolent Society, a burial society which soon acquired six lots in the city cemetery. Not until 1862 did members of the society formally establish the Hebrew Benevolent Congregation, which had 30 founding members with many living in surrounding towns. Initially, the group worshiped in the local Masonic Hall. Image courtesy of The Temple The Hebrew Benevolent Congregation benefited from Atlanta’s extraordinary growth during the Civil War. Atlanta’s population more than doubled during the war, reaching 20,000 people as the city became an important war supply manufacturing and storage center. This role made it a target for the Union Army, which burned the city after its capture in 1864. Atlanta Jews were divided by the war. Some, like David Mayer, were strong secessionists who quickly signed up to fight for the Southern cause. Others like Leo Cahn, who worked as a clerk in Mayer’s store, had no allegiance to a land where he had just recently settled and little interest in fighting for it. Cahn left Atlanta soon after mandatory conscription was implemented. The war ended badly for Atlanta, as General Sherman and his men burned two-thirds of the city. After the Civil War Despite this economic blow, Atlanta and its Jewish community soon reemerged from the ashes of the city’s destruction as the Gate City became an economic center of the “New South.” It did not take Atlanta long to rebound from the war. In 1865, the city had 150 stores; by 1869 it had 875 stores. While $3 million worth of goods had been sold in Atlanta in 1859, this annual figure had risen to $35 million by 1872. By 1873, there were five different railroad lines in the city. A growing number of Jews settled in Atlanta seeking to take advantage of this remarkable growth. Their presence was hailed by civic boosters. One local newspaper declared in 1875, “nothing is so indicative of a city’s progress as to see an influx of Jews…because they are thrifty and progressive people who never fail to build up a town they settle in.” Among these newly arriving Jews were the Rich brothers. Morris and William Rich left Hungary in 1859 as young men, settling in Cincinnati. In 1862, their brothers Daniel and Emanuel joined them. After the Civil War, the brothers moved south. William Rich opened a dry goods and clothing store in Atlanta in 1865, while David and Emanuel Rich opened a store in Albany, Georgia. Morris Rich came to Atlanta in 1867, joining his brother William who helped him establish his own dry goods store. David and Emanuel later moved to Atlanta and joined the business. The M. Rich Dry Goods store started modestly, but eventually became the hugely successful Rich’s Department Store, which was run by members of the Rich family until they sold the chain of stores in 1976. Rabbi David Marx. Photo courtesy of The Temple Jewish Businesses in Atlanta While most Atlanta Jews did not become as successful as Morris Rich, they too concentrated in commercial trade. According to the historian Steven Hertzberg, in 1880, 71% of adult Jewish men in Atlanta worked in commercial trade; 60% were either business owners or managers. Most Atlanta Jews were in the dry goods or clothing business. One exception was Joseph Jacobs, who opened Jacobs’ Pharmacy after moving to Atlanta in 1884. Jacobs made a name for his business when he began to give pennies as change at a time when they were rare and most Atlanta businesses rounded off their prices to the nearest nickel. When his competitors tried to pressure Jacobs’ suppliers not to sell to him, Jacobs filed a number of successful anti-trust suits. He had opened 10 locations of his pharmacy in Atlanta by 1910. Jacobs was not always such an astute businessman, selling his one third interest in a new soft drink that would eventually become Coca-Cola. In addition to retail trade, Atlanta Jews were involved in manufacturing. Jacob Elsas moved to Atlanta in 1869 and founded the Fulton Cotton Spinning Company along with three other partners. This company later became the Fulton Bag & Cotton Mill, which at one time employed more people than any other industrial firm in the city. Several other Atlanta Jews owned manufacturing companies as Atlanta transcended the agricultural economy and became a regional industrial center. The Hebrew Benevolent Congregation The Hebrew Benevolent Congregation was not as quick to rebound after the war as Atlanta’s economy. The congregation had become dormant during the war. In 1867, Rabbi Isaac Leeser visited Atlanta once again and convinced local Jews to revive the congregation. The group borrowed Torahs from the congregations in Savannah and Augusta and began worshiping in a series of rented halls. In 1875, they bought land on the corner of Garnett and Forsyth streets and built a Moorish-style synagogue out of brick and stone. Atlanta’s mayor and city council took part in the cornerstone laying ceremony in which a local Protestant minister gave the invocation. When completed in 1877, the Hebrew Benevolent Congregation’s synagogue was a symbol of the prominent role Jews were playing in the boom city of the New South. Most members of the Hebrew Benevolent Congregation were immigrants from central Europe. By 1880, Atlanta had 538 Jews, most all of whom were of German or Austro-Hungarian heritage. As its membership adapted to life in Atlanta, the Hebrew Benevolent Congregation began to wrestle with the issue of how much to change its religious practices to fit its new environment. Initially, the congregation was Orthodox, with separate seating for men and women and services consisting of chanted Hebrew with no musical instruments. By the late 1860s, the congregation began to be influenced by Isaac Mayer Wise, the Cincinnati rabbi who helped establish Reform Judaism in the United States. In 1869, the congregation hired Rabbi David Burgheim, who introduced various reforms, including a mixed-gender choir, sermons in German, and Wise’s Minhag America prayer book. Though Burgheim only stayed for one year, his replacement, Benjamin Bonnheim, continued to move the congregation toward Reform, introducing the confirmation ceremony. Isaac Mayer Wise came to Atlanta himself in 1873 and convinced the congregation to dispense with the traditional second day of Jewish holiday observances. By the time of the synagogue dedication in 1877, the Hebrew Benevolent Congregation had mixed-gender seating and an organ and soon became known by the nickname “The Temple.” It also affiliated with the Union of American Hebrew Congregations. This embrace of Reform was not a simple and straightforward process. Under the leadership of Rabbi Leo Reich, who came to Atlanta in 1888, the Hebrew Benevolent Congregation moved back toward tradition, restoring the second day of holiday observance and replacing Minhag America with the more traditional Minhag Jastrow prayer book. The congregation even withdrew from the UAHC. This retrenchment was a source of controversy within the congregation, which culminated in a tumultuous congregational meeting in 1895. The Reformers pushed for the prohibition of head coverings and tallit and advocated the use of the new Union Prayer Book, which replaced much of the traditional liturgy with English prayers. When Rabbi Reich refused to accept these changes, he was fired. By the end of the 19th century, most Temple members were native-born or had been in the U.S. for several decades; they had little interest in preserving religious traditionalism. Seeking to cement their identity as a Reform congregation, a narrow majority of the members voted to hire a recently ordained 23-year-old rabbi, David Marx, to lead them. Over his 51-year tenure, Rabbi Marx pushed The Temple further into classical Reform. Rabbi Marx was very active in the both the Jewish and the larger Atlanta community. He helped to found the Young Men’s Hebrew Association in Atlanta, the Federation of Jewish Charities, and a local chapter of the National Council of Jewish Women. He was also closely involved in efforts to establish free kindergartens in Georgia, mandatory school attendance laws, and improved public health. Marx worked closely with prominent Christian ministers in town as he became recognized by Atlanta’s Gentiles as the leader of Atlanta’s Jewish community. The Temple quickly thrived under Marx’s leadership, growing from 169 members in 1895 to 289 in 1905. In 1902, the congregation moved to a new synagogue on the corner of Pryor and Richardson Streets. In the 1930s, the Temple moved to a grand new synagogue on Peachtree Road on the north side of the city. Rabbi Tobias Geffen. Photo courtesy of the The Cuba Archives of theBreman Museum. A Diverse Jewish Community While Rabbi Marx was perceived as a spokesman for the entire Atlanta Jewish community, in reality he represented only a portion of Atlanta’s Jews. During the late 19th century, Eastern European Jews began to arrive in the Atlanta. By the early 20th century, these Yiddish immigrants and their children were a majority of the Atlanta Jewish community, outnumbering the German Jews of Rabbi Marx’s Temple. Most of these recent immigrants had little interest in the Reform worship of the Temple and as early as 1886 they were gathering together to pray on the High Holidays. In 1887, the group officially organized Congregation Ahavath Achim. For 14 years, the congregation met in various rented rooms. In 1901, Ahavath Achim built a synagogue on Piedmont Avenue and Gilmer Street, in the heart of the south side neighborhood where most Yiddish Jews lived. Only a minority of these Jewish immigrants belonged to the Orthodox congregation; most were unaffiliated, possibly because they could not afford the dues. Ahavath Achim’s early years were often tumultuous, with several dissenting groups breaking off, though only one of these splits was permanent. This division began early. In 1890, a group of Jews from Kovno left the congregation to form B’nai Abraham, though they rejoined Ahavath Achim seven months later. They broke away again in 1897 for a brief time before going back to Ahavath Achim. Another group left in 1896 to form Congregation Chevra Kaddisha, but rejoined Ahavath Achim two years later. In 1905, 15 Ahavath Achim members left the congregation seeking changes to the traditional style of worship. Calling themselves a conservative congregation, the group founded Beth Israel. In 1907, Beth Israel held a dedication for its new synagogue on the corner of Washington and Clarke Street which ended in disaster. While Governor Hoke Smith and Atlanta’s mayor took part in the ceremony, the roof of the synagogue collapsed during a wind and rain storm. This ill-fated beginning did not bode well for Beth Israel. The congregation disbanded in 1920, with some of its members joining The Temple and the remainder rejoining Ahavath Achim. Many of the disputes within the congregation related to religious observance, especially maintaining the Sabbath, which was often difficult for Jews who owned retail businesses. Members of Ahavath Achim who did not refrain from working on the Sabbath were still allowed Torah honors. This angered more traditional members of the congregation, who were also upset when non-ticket holders were turned away from High Holiday services. In 1902, they broke away to found Shearith Israel. Three years later, the group bought a former church and turned it into a synagogue. Unlike the other splinter groups, Shearith Israel was successful, largely due to their hiring of Tobias Geffen as their rabbi in 1910. Geffen brought tighter regulation of kosher slaughtering, improved Jewish education, and oversaw the construction of a mikvah for the community. For the next 60 years, Rabbi Geffen led Shearith Israel and Orthodox Jews across the southeast, often ruling on disputes in other Jewish communities. Most famously, Rabbi Geffen ruled that Atlanta’s most popular product, Coca-Cola, was kosher, after he was given access to the secret recipe. While Shearith Israel remained Orthodox, Ahavath Achim, under the leadership of Rabbi Harry Epstein, gradually moved toward Conservative Judaism. Even before the congregation hired Epstein in 1928, the congregation had instituted the confirmation ceremony and Friday night services. Epstein came to Ahavath Achim seven years after the growing congregation built a large new synagogue on Washington Street. Responding to the needs of the second generation immigrants who made up a growing portion of the congregation, Rabbi Epstein gave sermons in English rather than Yiddish and added English prayers to the liturgy. He convinced the congregation to adopt mixed-gender seating and added women to the choir. In 1952, Ahavath Achim formally joined the Conservative movement, though it had been conservative in practice for a long time. Rabbi Epstein served the congregation for 54 years, until his retirement in 1982. Atlanta received a third wave of Jewish immigrants in the early 20th century. Sephardic Jews, from Turkey and the Isle of Rhodes in particular, began to arrive in Atlanta after the turn of the century. In 1910, 40 Sephardic Jews formed their own congregation, Ahavat Shalom. The Sephardic congregation was not free from the rifts that plagued the Ashkenazic community; in 1912, a group of Turkish Jews left the congregation to form Or Hahyim. Two years later, the two Sephardic congregations merged to form Or Ve Shalom (Light and Peace) in 1914. That year, there were 150 Sephardic Jews in Atlanta, with over half of them coming from Rhodes. Or Ve Shalom dedicated its first synagogue in 1920 at Central and Woodward Avenue. A small group of Hasidic Jews founded their own Orthodox congregation, Anshi S’fard, in 1913. With a Torah borrowed from Ahavath Achim, the group initially worshiped in the Red Men’s Hall. By the end of 1913, they had bought a building on the corner of Woodward Avenue and King Street. A few years later, the congregation moved several blocks to the west on Woodward Avenue.ants belonged to the Orthodox congregation; most were unaffiliated, possibly because they could not afford the dues. Ahavath Achim's 1921 synagogue. Photo courtesy of the Cuba Archives of the Breman Museum. The Early 20th Century Atlanta’s Jewish community in the early 20th century was concentrated in business. There were 214 male members of The Temple in 1917, and 80% of them were either business owners, managers or professionals. Among business owners and managers, 43% were in commercial trade, while 39% worked in the manufacturing business. This tendency toward self-employment was even true for the poorer Eastern European Jews in Atlanta. As early as 1900, 63% of Russian-born males in Atlanta engaged in commercial trade. Many started out as peddlers and then opened small retail stores in the city. These Eastern European Jews enjoyed economic mobility, usually moving up into the middle class within one generation. Stephen Hertzberg has studied a group of 62 Yiddish Jews in Atlanta between 1896 and 1911. In 1896, 67% of these Jews had less than $50 in total wealth; by 1911, only 37% were worth less than $50, while 30% were worth over $3000. The small Sephardic community clustered in skilled manual labor, especially shoemaking. According to Hertzberg, in 1914, 67% of the employed Sephardic Jews in Atlanta were shoemakers, with most owning their own small shops. Another 20% owned restaurants, saloons, or fruit stands. David Yampolsky’s experience was characteristic of the path of economic mobility which many Jewish immigrants traveled in Atlanta. Yampolsky had been a manual laborer in Russia and in New York, where he had lived briefly after coming to the U.S. He moved south after his uncle, who had already settled in the city, convinced him that there was more economic opportunity in Atlanta. On his first day of work in Atlanta, Yampolsky purchased merchandise from a local Jewish-owned peddler supply store, got on a random street car, rode to the end of its route, and began to go door-to-door to sell his merchandise. While he did not know much English, he memorized the names of all of the products he was selling and soon learned the meaning of the phrase, “got no money.” Nevertheless, Yampolsky made a good profit on his first day, $3, and his business career had begun. A few years later, he opened his own grocery store along with six other immigrant partners. Spanish Ball at the Standard Club c. 1925. Photo courtesy of the Cuba Archives of the Breman Museum Yiddish Jews like Yampolsky lived in an almost separate world than the “German Jews” who belonged to the Temple. While the German Jews worked to help assimilate the Eastern European immigrants who came to Atlanta, they also tended to look down on them and erected social barriers to keep them separate. The Hebrew Relief Society and the Hebrew Ladies Benevolent Society, run by German Jews, assisted those Jewish immigrants who were in need. Tensions sometimes arose between the two communities. When the Council of Jewish Women opened a Sabbath School for the immigrants, Yiddish Jews were offended. The editor of the local Jewish newspaper defended the school, claiming that these newly arrived immigrants were “ignorant” and “coarse” and that “we want to make good American citizens out of our Russian brothers.” The city’s German-Jewish elite founded the Standard Club and bought a mansion for their clubhouse. Yiddish Jews were largely excluded from the Standard Club until the hardship of the Great Depression caused them to end this discrimination. Yiddish Jews founded their own social club, the Progressive Club, in 1913. By most accounts, this social barrier between German and Yiddish Jews did not die out until World War II. David Mayer. Despite these tensions, the German and Yiddish Jews cooperated in the creation of the Jewish Educational Alliance, which arose from a 1909 merger between the Russian-founded Hebrew Institute and the German-founded Free Kindergarten and Social Settlement. The purposes of the new institution included Americanization of recent immigrants as well as offering a place for manual training classes, Hebrew language instruction, “clean and wholesome amusement and recreation,” and meeting rooms for the city’s Jewish clubs and organizations. When the Jewish Educational Alliance (JEA) was completed in 1911, extra money raised for the project was used to endow a free health clinic in the building. Located on Capitol Street, in the center of Atlanta’s Jewish enclave, the JEA acted as both a social settlement and a community center for local Jews. It held citizenship and English classes at night as well as cooking classes to acquaint Jewish women with the foods and cooking styles of the South. It later became more of a community center than an immigrant help center, hosting social, theatrical, and athletic events. The JEA became the center of the local Jewish community. In just one month in 1914, over 14,000 people attended some event or program in the building. JEA Basketball team, 1935. The Atlanta Jewish community established institutions that helped fund and manage Jewish charities in the city. In 1905, Atlanta Jews founded the Federation of Jewish Charities as an umbrella organization that helped to coordinate Jewish fundraising and charity in the city. Although it has undergone several reorganizations over the years, the Atlanta Jewish Federation still serves the community today. The Jewish community also worked together to support the Hebrew Orphan’s Home in Atlanta. Founded by the District Grand Lodge of the B’nai B’rith, the home was constructed in Atlanta in 1889 after the city raised the most money to build it, beating out Richmond and Washington, D.C. Almost 400 children lived in the home during its first 25 years; two-thirds came from outside of Atlanta and most were of Eastern European background. By 1910, the home began shifting toward supporting foster care and financial support of widows. By 1930, the Hebrew Orphan’s Home was closed. Jewish Orphan's Home In addition to caring for their own, Atlanta Jews were also involved in the larger society. Several Jews served on the city council in the late 19th century, including Jacob Haas and Joseph Hirsch. Aaron Haas served on the city council and became the city’s first mayor pro tem in 1875. David Mayer helped to create Atlanta’s public school system and served on the board of education from 1869 until his death in 1890. Several other Jews served on the school board during the 1890s and 1900s, including Joseph Hirsch and Oscar Pappenheimer. Jacob Elsas had the idea to build a public hospital in 1888 and kicked off the fundraising effort with a $1000 contribution that helped establish the city’s Henry Grady Memorial Hospital. Joseph Hirsch served as chairman of Grady’s board and helped convince the city government to subsidize the hospital. Leo Frank during the trial Anti-Semitism in Atlanta Despite the significant contribution of Atlanta Jews to city life, according to Steven Hertzberg, anti-Semitism was on the rise in Atlanta by the turn of the century. Jewish candidates were increasingly losing local elections in the first decade of the 20th century; in several cases their opponents were explicitly anti-Semitic in their appeals. One of the major political issues of the time was alcohol prohibition; Jews were overwhelmingly on the “wet” side of the debate. Public campaigns against alcohol sometimes took an anti-Semitic tone. After the 1906 riot, in which white mobs terrorized the city’s black population, some blamed Jewish saloon keepers for serving alcohol to blacks; after the riot, several Jewish saloon owners lost their licenses. This growing anti-Semitism would soon peak during the Leo Frank Case, which ended in violent tragedy. Raised in New York, Leo Frank moved to Atlanta as a young adult, where he worked as a superintendent at his uncle’s pencil factory. On April 26, 1913, Confederate Memorial Day, a 13-year old employee, Mary Phagan, was found murdered in the factory basement. Suspicion soon fell on Frank, who was arrested and indicted for the murder a few weeks later. The chief witness against him was Jim Conley, an African American who worked as a janitor at the factory. Conley claimed that Frank ordered him to help move Phagan’s body. It was extremely rare in Jim Crow Georgia for a white suspect to be prosecuted for a capital crime on the testimony of a black witness. The case became a major news story in Atlanta, covered in detail by the local newspapers. Attacks on Frank, especially in populist leader Tom Watson’s Jeffersonian newspaper, often took an anti-Semitic tone. Scurrilous rumors about Frank were printed and widely discussed in the community. During the trial, Frank’s defense lawyers challenged the veracity of Conley, often in racial terms. Despite Conley’s changing story, the jury voted to convict Frank for the murder of Mary Phagan and sentenced him to death after less than four hours of deliberations. As the verdict was read, a mob outside the courthouse cheered wildly. Frank appealed the verdict all the way to the U.S. Supreme Court, but was denied. Under tremendous pressure from both sides, Governor John Slaton of Georgia studied the case in depth and found serious doubt about Frank’s guilt. In the final week of his term of office, Slaton decided to commute Frank’s sentence to life in prison, which enraged many Atlantans, who burned the governor in effigy. On August 19, 1915, a vigilante group calling itself the “Knights of Mary Phagan” kidnapped Frank from the state prison farm, took him to Marietta, a small town outside of Atlanta where Phagan was from, and lynched him. The ringleaders of the lynching were among the prominent political and business leaders in the state, including the son of a U.S. Senator who was a former mayor of Marietta. The leaders of the Knights of Mary Phagan helped to revive the Ku Klux Klan on Stone Mountain in the aftermath of the Frank lynching. National Jewish leaders, alarmed by the anti-Semitism that swirled around the case, established the Anti-Defamation League. Atlanta Jews, especially the assimilated and successful members of the Temple, were shocked and terrorized by the lynching. Frank was an assimilated, American-born Jew who was president of the local Golden Gate Lodge of B’nai B’rith. His lynching convinced many Atlanta Jews that they would never be safe from anti-Semitism. In the decades after the lynching of Leo Frank, Atlanta Jews took a step back from the political sphere. It would be another two decades before an Atlanta Jew would run for office again. According to Steven Hertzberg, the anti-Semitism unleashed during the Frank case “demonstrated the vulnerability of Atlanta’s Jews” and “hung like a threatening cloud over the Jewish community” for several decades. Eli Evans has written that the lynching “left a deep and lasting scar on the soul of the immigrant generation.” When Warner Brothers released a movie about the Frank case in 1937, local Jewish leaders fought successfully to keep it from playing in Atlanta. Workmen's Circle School Photo courtesy of the Cuba Archives of the Breman Museum . The Community Grows Despite the fears stemming from the Frank lynching, Atlanta’s Jewish community continued to grow. In 1910 there had been 4,000 Jews, by 1937 there were 12,000. While they were still a small percentage of the city’s overall population, Jews made up over a third of Atlanta’s foreign-born population in 1920. Divisions still existed within the community, especially over the issue of Zionism. After the first Zionist congress was held in Basel, Switzerland in 1897, Atlanta Jews had very different reactions. Rabbi David Marx of the Temple led his congregation to pass a resolution opposing Zionism, arguing that the movement was anathema to Jews who wished to assimilate and live as Americans. His strong anti-Zionism was extremely influential and played a significant role in early Zionism’s failure to attract much support in Atlanta. Around the same time as the Temple’s declaration, a group of 50 Jewish immigrants founded the Atlanta Zionist Society. The society, which met at the Orthodox synagogue Ahavath Achim, was small and not very active, though when guest speakers came through town, they could attract a large crowd. By the early 20th century, it had become inactive. Atlanta women founded the Daughters of Zion in 1905. These groups were small and went through long periods of inactivity. Zionism did not gain significant popularity in Atlanta until the 1920s. In 1920, a mass meeting to celebrate the San Remo Conference, during which the World War I allies expressed support for a Jewish homeland in Palestine, drew over 2,000 people. During the celebration, the stage was decorated with American, British, and Zionist flags and Jewish children sang both the Zionist and American national anthems. Atlanta Zionists focused largely on raising money for the Jewish settlement in Palestine. In 1916, Atlanta women founded a chapter of Hadassah; by 1927, it had 300 members. Some Atlanta Jews were drawn to socialist groups. In 1910, a small group of socialist immigrants, who opposed the idea of a Jewish state, founded a chapter of the Arbeter Ring (Workmen's Circle), a socialist benevolent society that stressed working class politics and Yiddish language and culture. M.J. Merlin and Samuel Yampolsky were the leaders of the local chapter, which had 97 members by 1915. Few if any of the members were wage laborers; most owned small retail businesses. The group even had a Yiddish school for members' children. As elsewhere, Atlanta's Arbeter Ring membership peaked in the 1920s, shortly after the end of Jewish mass migration from Eastern Europe. Though the group began to decline in the 1930s, a local branch remained active into the 1970s. Despite the group's efforts with its school, many children of Jewish immigrants had little interest in the organization. Other Yiddish immigrants founded a chapter of the Farband, or Jewish National Workmen’s Alliance, which shared the socialist ideology of the Arbeter Ring but also supported the Zionist cause. The Farband and Arbeter Ring sometimes partnered to bring in major Jewish socialist speakers to the city, including Baruch Vladeck and Chaim Zhitlowsky. As Atlanta’s Jewish community assimilated and prospered economically, these socialist groups largely died out. Atlanta Jews also moved from the city’s south side to nicer areas in the northern part of the city. The German Jews moved first, but were soon followed by Eastern European Jews. By the late 1920, the north side was becoming the center of the Jewish community in Atlanta. In 1945, two-thirds of Atlanta Jews lived in the northeastern part of the city, while most of those remaining on the south side planned to move north eventually. The city’s congregations followed suit. Shearith Israel moved to University Avenue in 1946 to be closer to its membership which had largely left the south side of the city. Or VeShalom moved to a larger building on North Highland Avenue in 1948. In 1958, Ahavath Achim, which had over 1500 members at the time, followed its membership and built a new synagogue in the northeast part of the city. As Congregation Ahavath Achim began shifting towards Conservative Judaism in the late 1920s, a group of Orthodox Jews began holding High Holiday and then daily and weekly Shabbat services in private homes or storefronts in the early 1930s. In 1944, this group formally established Congregation Beth Jacob, using a remodeled apartment building as a synagogue. The sanctuary was expanded twice and an assembly hall, rabbi’s office, and classrooms were constructed soon thereafter. Beth Jacob’s second rabbi, Emanuel Feldman, arrived in 1952 and served the congregation until his retirement in 1991. He saw the temple through a period of growth followed by the construction of a new synagogue in 1956 and, with a membership of 190 households, the dedication of another new facility in 1962. Beth Jacobs’ membership reached 400 families in 1970. During the 1980s, membership reached 500 families. Mrs. & Mr. Ben Massell with Eleanor Roosevelt at Israel Bond Dinner, 1962. After World War II A study of the Jewish population of Atlanta in 1947 reveals a large but stable community. An estimated 10,217 Jews lived in Atlanta just after World War II. Over half of Atlanta’s Jewish families had been living in the area for over 20 years, while 15% had been living in Atlanta for five years of less. Jews enjoyed relatively high economic status, with 54% owning their own homes, about twice as high as the overall rate in Atlanta. Over half of Atlanta Jews who worked owned their own businesses; 47% worked in retail or wholesale trade while 13% were professionals. One of the most successful businessmen in the city was Ben Massell, a real estate mogul who helped to transform the physical landscape of Atlanta. Born in Lithuania, Massell came to Atlanta as a young child with his family. Labeled by Mayor William Hartsfield as “Atlanta’s one-man boom,” Massell built over 1000 buildings in the city. After World War II, most Atlanta Jews were active in the Jewish community. According to the 1947 population study, only 6% of Jewish adults in Atlanta did not belong to any Jewish organization. 56% belonged to a synagogue, while 40% belonged to a Zionist organization. There were six congregations in the city at the time, five of which were Orthodox. 38% belonged to one of the three Jewish social organizations in the city. 61% of adult Jews belonged to two or more Jewish organizations. Contributing to the stability of Atlanta’s Jewish community were the tenures of the three rabbis, David Marx, Tobias Geffen, and Harry Epstein, who led the three largest congregations in the city for a combined 165 years. Mayor Hartsfield with Rabbi Rothschild after bombing. Photo courtesy of The Temple Civil Rights and White Supremacist Terror Rabbi Marx was succeeded by Jacob Rothschild, who came to The Temple in 1946. Rothschild quickly became a critic of Southern segregation. After the Supreme Court’s Brown v. Board of Education ruling in 1954, Rothschild called on the state of Georgia to abide by the decision and integrate the public schools. As Rothschild became increasingly outspoken on the issue of civil rights, an underground group of white supremacists began a campaign of terror against Jewish communities across the South. Unexploded dynamite was found in synagogues in Charlotte and Gastonia, North Carolina, and Birmingham, Alabama. Racists bombed a synagogue in Miami and the Jewish Community Center in Nashville. On October 12, 1958, a group of white supremacists calling themselves the “Confederate Underground” bombed The Temple in Atlanta. Although no one was hurt, the bomb caused over $100,000 in damage. Mayor William Hartsfield denounced the attack, which had shocked many Atlantans who did not want their city associated with hatred and violence. Ralph McGill, the editor of the Atlanta Journal Constitution, condemned the attack in a Pulitzer Prize winning editorial in which he blamed the bombing on a climate of racial hatred that white Atlanta had allowed to fester. Many in the Christian community expressed solidarity with the Temple, several made donations to the congregation to help them rebuild, even though the Temple did not ask for financial support since the damage was covered by insurance. In contrast to the lynching of Leo Frank, the Temple bombing did not scare Atlanta Jews away from the public sphere. During the first Shabbat service after the bombing, Rabbi Rothschild gave a sermon entitled “And None Shall Make Them Afraid.” Instead of being silenced, Rothschild became more outspoken on civil rights. He publicly supported the work of Martin Luther King Jr., even befriending the minister after he moved to Atlanta in 1960. Temple members who had been uncomfortable with Rothschild’s activism rallied behind their rabbi after the bombing. The outpouring of support from the larger community comforted Atlanta Jews. Rabbi Rothschild’s wife Janice called it “the bomb that healed.” Sam Massell Jewish Political Involvement In the aftermath of the bombing, Jews became active once again in local politics.Sam Massell was elected vice mayor in 1961. Four years later, he was re-elected with 72% of the vote. In 1969, he ran for mayor in a bitter campaign in which Massell accused his political opponents of anti-Semitism. Massell ran against the downtown interests and the city’s “old boy” power structure. He won the election with 90% of the black vote and only 25% of the white vote. In 1973, Massell was challenged by the African American vice mayor, Maynard Jackson. After a racially charged campaign, Massell was defeated by Jackson, who became Atlanta’s first black mayor. In 1974, attorney Elliott Levitas, who had served nine years in the Georgia legislature, was elected to his first of five terms in the U.S. House of Representatives from Atlanta. When Georgia Governor Jimmy Carter won the presidency in 1976, he took several Jewish advisors from Atlanta with him to Washington, including Robert Lipshutz, who was White House Counsel, and Stuart Eizenstat, who was his Chief Domestic Policy Advisor. The Jewish Community in Atlanta Today In recent years, Jews have remained active in Atlanta Metropolitan Area. Sam Olens is a prominent Georgia politician. As chairman of the Cobb County Commission, Olens worked to pass two bond referendums for county parks and convinced voters to pass a sales tax increase to improve local roads. In 2004, Olens was reelected with over 80% of the vote and ran unopposed in 2008. Building on this local success, Olens was sworn in as Attorney General in 2011. Olens’ political success is especially interesting considering he represents Marietta, the site of Leo Frank’s lynching in 1915. Olens is part of large wave of Northern-born Jews who have transformed the Atlanta Jewish community over the last few decades. Jewish Atlanta has grown along with the city itself. The Atlanta metropolitan area grew from 726,789 people in 1950 to 4,247,981 in 2000. Atlanta remains one of the fastest growing cities in America, with its metro area growing 38% between 1990 and 2000. The Jewish community of Atlanta has grown at an even faster pace than the city itself. According to estimates in the American Jewish Year Book, Atlanta had 14,500 Jews in 1960 and 27,500 by 1980. Since then, the Jewish population has exploded, increasing over 300% to 86,000 in 2000. A population survey by the Atlanta Jewish Federation found that there were 120,000 Jews in the Atlanta metropolitan area in 2006. This growth has occurred due to Atlanta’s emergence as a corporate center. Atlanta’s position as a vital transportation hub, combined with the city’s temperate climate, has prompted many corporations to locate their headquarters in the city. Atlanta has grown from a regional to an international business center. This status is reflected in the rise of CNN as an international news organization and by the city’s hosting of the 1996 Summer Olympics. By the end of 2004, 700 of the “Fortune 1000” firms had offices in Atlanta. One of these was Home Depot, founded in 1978 in Marietta by New Jersey-born Bernie Marcus and native New Yorker Arthur Blank. Both Blank and Marcus have become important philanthropists in both the Jewish and larger community. Atlanta’s rise as a corporate center occurred as southern Jews entered the corporate world in larger numbers. While only 13% of working Atlanta Jews were professionals in 1946, by 1984, this figure had risen to 57%. The growth of Atlanta’s Jewish community and the decline of small town communities since World War II reflects the movement of southern Jews away from retail business ownership and toward corporate and professional occupations. Arthur Blank & Bernie Marcus This amazing growth in the Atlanta Jewish community can be seen in the increasing number of Jewish congregations in the city. In 1947, there were six Jewish congregations in Atlanta. By 2004, there were 38 congregations in Metropolitan Atlanta. Of these 38, 33 were founded after 1968. These new congregations are concentrated in suburbs like Marietta, Dunwoody, and Alpharetta, where Jews are seeking places to worship close to home, a process influenced by Atlanta’s notorious traffic problems. This movement to the suburbs began as far back as 1946, when the local Jewish Welfare Board found that “the trend of [general] population is from the central area of the city towards the outskirts and the suburbs.” By 1984, 70% of Atlanta’s Jewish population lived outside of the city limits. In the late 1990s, the Jewish Community Center followed the city’s Jewish population, moving to the northern suburb of Dunwoody. The far northern suburbs of Atlanta are the cutting edge of the South’s Jewish population in the early 21st century. In 2004, the Atlanta Jewish Federation commissioned a demographic study of this suburban Jewish community. The area had experienced rapid growth during the previous decade. In 1996, when the Federation analyzed the metro area’s Jewish population, the far northern suburbs were not even included in “Jewish Atlanta.” By 2004, they found that 16,100 Jews lived in northern suburbs like Alpharetta and Roswell. More Jews lived in these few suburbs than in Alabama, Arkansas, and Mississippi combined. This demographic growth has been going on for several decades. Since the 1970s, the Atlanta suburb of Marietta has grown from a small town of 27,000 people to a thriving suburb of 63,000 residents in 2004. Jews were part of this growth. In 1975, a group of young Jewish families founded the city’s first congregation, Etz Chaim. Most were recent transplants from Florida or the east coast who saw themselves as “landsmen” in the strange new world of the South. The Conservative congregation grew quickly from a handful of founders to hundreds of families. A second congregation, the Reform Temple Kol Emeth, was founded in 1982, and continues to thrive today. In 2006, 17,000 Jews lived in this eastern portion of suburban Cobb County. That same year, a new Reform congregation, Ner Tamid, was created in west Cobb County; after five months, it already had 100 member families. This rise of Jewish Atlanta raises an important question: is this a Southern community? According to the 2006 study of Atlanta’s Jewish population, only 19% of Atlanta Jews were born in the metro area; 30% were born in New York. 31% of Jewish households had moved to the area in the last 10 years. This trend is even more pronounced in the new northern suburbs. The 2004 survey found that only a tiny fraction of the northern suburbs’ Jewish population, 7%, were native Atlantans. Six percent were born in the former Soviet Union, 32% were born in New York State. Many of the Jews moving to Atlanta from the North are more religiously observant. Indeed, new congregations in Atlanta are much more likely to be Orthodox. Between 1984 and 2006, 24 congregations were founded in the metropolitan area, 13 of which were Orthodox or traditional. Only five of the new congregations were Reform or Conservative. Many of these new congregations are quite small; only 9% of Atlanta Jews identified as Orthodox in 2006, though this is three times the number who identified as Orthodox a decade earlier. Grocery stores have opened kosher sections to appeal to this growing observant population. There is even an eruv in the northern suburbs of the city, an unbroken string around the perimeter of an area that allows Orthodox Jews to carry items on the Sabbath. The city has seven Jewish day schools, with institutions serving the Reform, Conservative, and Orthodox communities. Another religious trend in Atlanta is non-traditional Jewish congregations. Since 1985, two Reconstructionist congregations, three multi-denominational, one humanist, and one Gay & Lesbian congregation have been founded. In 1985, the William Breman Jewish Heritage Museum, which maintains a large archive of Atlanta Jewish History, was founded. The religious diversity and institutional resources of Atlanta’s Jewish community now match that of almost any city in the United States, in stark contrast to most Southern Jewish communities today. In the 21st century, Atlanta has become one of the ten largest Jewish communities in the United States, and its tremendous growth shows no sign of abating. Young Jews raised in smaller cities and towns across the South have flocked to Atlanta, drawn by its strong economy and vibrant Jewish social and cultural life. And yet, Atlanta’s Jewish community faces several challenges. In 2006, only a third of Atlanta Jewish families belonged to a synagogue, while the rate of intermarriage was 50%. As Jews have flocked to Atlanta from around the country, local institutions have struggled to create a rooted, unified community. How the Atlanta Jewish community manages this tremendous growth will profoundly shape its history in the 21st century. The first part of this history is heavily indebted to Steven Hertzberg’s book Strangers Within the Gate City, The Jews of Atlanta, 1845-1915. ©2020 Goldring/Woldenberg Institute of Southern Jewish Life	cc/2021-04/en_head_0017.json.gz/line1086
__label__cc	0.64156	0.35844	Just like any other creative and artistic endeavour, the IFF needed patronage to flourish; a patron who not only shared the same mindset and ideals but would also be fully committed in championing its cause. In Her Excellency Datin Paduka Seri Rosmah Mansor, wife of Malaysian Prime Minister the Rt. Hon. Dato’ Sri Najib Tun Razak (then Deputy Prime Minister), the IFF found not only a patron who understood its core ideals but also believed that Islamic fashion, a category that is often ignored or neglected, has an enormous economic growth potential offering huge business opportunities for designers and industry players in Malaysia and the region. She shares with Dato’ Raja Rezza Shah the vision to establish the IFF as a strong new entity in the fashion world, with Kuala Lumpur as the capital of Islamic fashion. Datin Paduka Seri Rosmah Mansor has since been relentless in pursuing the IFF’s mission to connect Islam with the Western world through fashion, resulting in IFF being showcased across South East Asia, Central Asia, the Middle East, Europe and America.	cc/2021-04/en_head_0017.json.gz/line1087

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