A Review on 'The Cloak of The Khilafa' by Shaykh Aboo Qataadah

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    A REVIEW ON SHAYKH

    ABOO QATAADAH'S (FA)

    WRITING: 'THE CLOAK OF

    THE KHILAFA’ 

    BY BROTHER ABOO MUSADDAS AKA ABOO YOOSUF UL-HINDIYY

    ISLAMIC STATE CITIZEN

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    A Review on the book “Cloak Khilaafah” by Shaykh Aboo Qatadah

    (hf) by Aboo Musaddas

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    A Review on the book “Cloak Khilaafah” by Shaykh Aboo Qatadah

    (hf) by Aboo Musaddas

    CONTENTS

    Introduction ...........................................................................................................5 

    On Page 3: Rejecting to be judged .................................................................6 

    “Jama’atul Khilafah” ...........................................................................................9 

    “Ignorant Citizens of the Islamic State” ........................................................ 13 

    On Page 8: Declaration of Khilafah causing fighting ................................ 14 

    On Page 9: Verdict of blood and killing ....................................................... 16 

    SECTION ONE: Validity of Khilafah ................................................................. 19 

    Tamkeen is a condition .................................................................................... 19 

    Imaam is a Shield .............................................................................................. 21 Condition of Khilafah & Appointment by the People ............................... 23 

    Purpose of the Khaleefah & Protecting the Ummah ................................. 25 

    Consulting the Muslims ..................................................................................... 27 

    SECTION TWO: Fiqh of Imaarah ...................................................................... 30 

    On Page 23: Further detail on Consultation with Muslims ......................... 33 

    Our Reality Today .............................................................................................. 35 

    Summary ............................................................................................................. 41 

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    A Review on the book “Cloak Khilaafah” by Shaykh Aboo Qatadah

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    A Review on the book “Cloak Khilaafah” by Shaykh Aboo Qatadah

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    INTRODUCTION

    'The Cloak of The Khilaafah' is a writing done by one of the respected

    and honourable Scholars of our time. His words are relied upon and

    referred to by many of those involved in the virtuous obligation ofJihaad.

    The Shaykh, however, is known not to support the group ISIS/Dawlah/IS

    and the announcement of the Khilaafah they made. I read his writing

    as people are referring to it as a way of rejecting the Khilaafah and

    hoped to find strong Sharee’ah-grounded arguments for the invalidity

    of this Khilaafah. The following piece of writing is my humble review on

    Shaykh Aboo Qataadah's book: 'The Cloak of The Khilafa'.

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    ON PAGE 3: REJECTING TO BE JUDGED

    The first fault the Shaykh points out in Dawlah is related to the issue of

    rejecting to be judged between them and Jabhat un-Nusrah. The

    Shaykh says that Dawlah argued that they consider themselves a stateand it is not suitable for a state to sit with a group to be judged.

    Comments:

      Did he find out what happened and what Dawlah said exactly?

     

    Firstly, it needs to be made clear to the reader that the disputewas not just between Dawlah and Jabhat un-Nusrah. It was

    including them and other groups from the FSA, Ahraar ush-

    Shaam, Liwa Al Tawheed etc

     

    It is true that it is wrong to say that a state cannot sit with

    another group to be judged. Remember, Imaam ‘Aliyy (ra)

    settled a dispute between him and Mu’aawiyah (ra), and

    Imaam ‘Aliyy was the Khaleefah and Mu’aawiyah was a

    separate group.

      However, I doubt that Dawlah argued in this way. It does not

    seem so as Shaykh Al-'Adnaaniyy has mentioned cases where

    disputes between other groups and Dawlah were settled

    (sometimes with the judge being from the opposing side) - refer

    to the speech: 'Then let us invoke the curse of Allah upon the

    liars'.

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      It also needs to be said that Dawlah actually didn't reject to be

     judged unrestrictedly. Rather they accepted to be judged, butlaid conditions that the judge must be on the 3Aqeedah of Kufr

    bit-Taaghoot (so that his Islaam is free from Kufr and Shirk) and

    he and the other parties in the dispute declare their stance on

    the neighboring Kufr regimes.

      It is true that, in general, one should not busy himself in testing

    the beliefs of people, but however this is a specific situation in

    war and being judged. Dawlah had every right to request the

    declaration of Tawheed and Kufr bit-Taaghoot from the person

    that would judge them; why would any Muslim want to be

     judged by someone who doesn't have Kufr in Taaghoot?

     

    Since the other groups failed to meet these conditions (and thus

    failed to make their Islaam and Eemaan clear and free from

    Kufr), the artibration did not occur. This was the main reason it

    did not occur and not merely because Dawlah were a 'state'

    while others were just 'groups'.  Another point that should be mentioned is that one of the

    outcomes of this judgement would have been that Dawlah

    should leave Syria and go back to Iraq. So if Dawlah are

    Khawaarij and causing corruption they should let the Muslims in

    Syria be and ruin the lives of the Muslims in Iraq? Or is it the case

    that Dawlah are Khawaarij when they walk in Syria, but are no

    longer Khawaarij when they are in Iraq? Strange. In any way, it isnot allowed to abandon power and stop implementing the

    Sharee'ah so that other secularists or criminals can come and

    spread their Kufr and evil.

      And what is strange and unfair is that this part was not

    mentioned by Shaykh Aboo Qataadah and only the part which

    would make Dawlah look evil was presented. The Shaykh is

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    either being biased and unjust towards Dawlah or he has not

    received correct and complete information about the reality -and it is upon us to give the benefit of doubt.

    In any way, this has nothing to do with the invalidity of the

    announcement of the Khilaafah.

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    “JAMA’ATUL KHILAFAH” 

    After the Shaykh mentions Dawlah's 'error' of rejecting to be judged, he

    mentions 2 deviancies that entered Dawlah:

    i) From page 3 to 4 the Shaykh talks about the deviation of a group

    called Jamaa’at ul-Khilaafah, the leader of which was Shaykh Aboo

    ‘Eesaa ar-Rifaa’iyy (rh). This Shaykh claimed to be the Khaleefah while

    living in London.

    Note: When one reads this part of the book, he may be confused tothink that the Shaykh is talking about Dawlah, but he is not. He is talking

    about a different group with whom he had bad experiences with in the

    past.

    Shaykh Aboo Qataadah spoke of his meetings and discussions with

    Shaykh Aboo ‘Eesaa and members of his group and saw them to be

    very ignorant and extreme in Takfeer. He likened them to the

    Raafidhah in one sense and the Khawaarij in another sense. He saysthat some from this group believe that anyone who does not give

    Bay’ah to their Khaleefah is a Kaafir. The Shaykh points out that the

    group has shown their ignorance in regards to permitting the blood and

    wealth of the people.

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    Now, the reader may wonder how is all of this relevant to Dawlah. The

    relevance is when the Shaykh speaks about one particular individualfrom the above group who used to consider the Shaykh a Kaafir and

    he mentions that this person has joined the ranks of Dawlah. He says:

    'And news reached me from Sheikh Abu Muhammad Al Maqdisi that

    this man today is with the organization “The Islamic State” and was

    imprisoned and that was due to his audacity in making takfir on the

    Muslims who disagree. And this for me is a proof that the previous group

    “Al-Khilafa” has entered into this organization, i.e. “The Islamic State in

    Iraq and Shaam” and has influenced it' 

    Comments:

      From the Shaykh's words one can tell that he is only assuming

    that members from this group have influenced Dawlah

      Just because someone joins Dawlah does not mean he will start

    dictating the policies of the group

     

    Dawlah have always been active in teaching against extremism

    in Takfeer and have imprisoned those who are upon this

    Manhaj. Shaykh Aboo Bakr Al-Baghdaadiyy has even given

    specific orders to kill anyone with this mentally (after court trial

    and discussion with them etc) and to make public examples of

    them

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    Shaykh Aboo Muhammad Al-‘Adnaaniyy said in his speech

    'Then let us invoke the curse of Allaah upon the liars’: "So how is

    it –  and Allaah is our witness –  on how we deal severely with the

    Khawaarij, whom are amongst the ranks of all the groups, since

    the time of the Prophet (saw), have you not heard what their

    grandfather said: "Be just O Muhammad, for you have not been

     just". And the ones who we are aware of their presence, we

    hastily work on correcting their behavior, educating them and

    taking them by their hand or expelling them and excluding

    them from among our ranks."

      What confuses me about how the Shaykh concluded that this

    group influenced Dawlah is when he said (regarding the

    individual who made Takfeer on the Shaykh and later joined

    Dawlah):

    '...and was imprisoned and that was due to his audacity in making takfir

    on the Muslims who disagree'

    So the Shaykh acknowledges that Dawlah do not approve of this

    Takfeeri Manhaj, yet he accuses them? Strange.

    So, I will say again that either the Shaykh is being biased and unjust

    towards Dawlah or he is being given wrong information - and it is upon

    us to give the benefit of the doubt.

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    “IGNORANT CITIZENS OF THE ISLAMIC STATE” 

    This is all up to around 5 page and I will say that if someone ignores all

    of these pages then he will not be at a great loss (if we are concerned

    with the topic of the validity of a Khilaafah).

    ii) The second deviation that the Shaykh accuses Dawlah of is very

    unclear. However, he stresses in this part of the writing the fact that

    there are a lot of ignorant people in Dawlah and those whom recently

    starting practicing the Deen and so on. If this is a way of advice and

    encouragement to seek knowledge then Al-Hamdu Lillaah, it is a goodadvice. Other than that I do not know why such a point has been given

    so much importance. I am sure in every group there exists many with

    deficiency in knowledge and wisdom, but it is not really something to

    write about and magnify.

    This is up to page 7 and had I known that it has no relevance to the

    topic of Khilaafah then I would have avoided reading this much.

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    ON PAGE 8: DECLARATION OF KHILAFAH CAUSING

    FIGHTING

    This is when Shaykh Aboo Qataadah calls our honourable and

    eloquent Mujaahid Shaykh Aboo Muhammad Al-’Adnaaniyy a Jaahil.

    He calls him Jaahil on the same sentence where he mentions that

    Shaykh Al-’Adnaaniyy told Shaykh Ayman Azh-Zhawaahiriyy that the

    announcement of the Khilaafah would end their disputes. How these

    words are words of Jahl (ignorance), that I failed to comprehend.

    Strange; for indeed, the Ummah is united and disputes are settled

    through Eemaan or the Imaam (Khaleefah).

    The Shaykh also mentions that the announcement of this Khilaafah will

    cause Mujaahideen to fight each other and that the announcement

    was directed at the Jihaadi groups all around the world and not to the

    Muslim public.

    Comments:

     

    Firstly, it is important to remember that the establishment of the

    Khilaafah is Waajib and it originally had a time limit of 3 days. It

    has now passed almost a decade; delaying it any further was

    not an option. The matter was too urgent; if no one else was

    announcing it then let the one who can, announce it.

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    Now, if this announcement causes Muslims to fight afterwards, it does

    not become a reason to delay this obligation and remain in a state ofsin. Announcing the Khilaafah is one matter and solving the fighting

    between Muslims is a separate matter.

      Secondly, the group has been implementing the Deen on the

    locals for years (and the leaders of Al-Qaa’idah supported it

    from its time in Iraq). After the announcement of the Khilaafah

    they have addressed Muslims in general and made a call for all

    Muslims to come towards their State ('Therefore, rush oh Muslims

    to your state. Yes, it is your state') and even for Muslims in the

    west to attack the enemies inside their own countries. Hence,

    assuming that Dawlah directed their call to other groups and

    not the Muslim Ummah as a whole is a very evil doubt.

    He also accuses the announcement of the Khilaafah to be a way of

    fighting for leadership and authority and as a way of competing with

    other Jihaadi groups. This is a mere assumption and should not be

    taken seriously. As said before, and as said by Shaykh Al-’Adnaaniyy,

    the matter was too urgent. Delaying the obligation was not an option.

    And again I will say that the Shaykh is either being biased and unjust

    towards Dawlah or he has been given wrong information - and upon us

    is to give the benefit of the doubt.

    And so far nothing is relevant to the invalidity of the Khilaafah.

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    ON PAGE 9: VERDICT OF BLOOD AND KILLING

    He accused Dawlah that they announced the Khilaafah because theywant to use it as an excuse to explicitly kill anyone who goes against

    them. He even accused Shaykh Al-’Adnaaniyy of saying that he

    warned those who break the bondage of obedience, that its verdict is

    blood and killing. He says this is what the dogs of hellfire say, indicating

    that for both the Jamaa’at ul-Khilaafah mentioned before and also for

    Dawlah.

    Comments:

    •  Shaykh Al-’Adnaaniyy never said that

    •  Shaykh Aboo Bakr Al-Baghdaadiyy never said anything like

    this too

    •  No one from the officials of Dawlah ever expressed this belief

    So again, either Shaykh Aboo Qataadah is being biased and unfair

    towards Dawlah or he has been given wrong information - and upon us

    is to give the benefit of the doubt.

    He also says that there are no students of knowledge in the group that

    can speak on this topic. This is a big and bold statement coming from

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    someone far and mostly secluded from the outside world - and again

    this seems like a sign of receiving incorrect information.

    He also says Dawlah made Takfeer on Jabhat un-Nusrah and made

    their blood Halaal.

      I have spoken to 2 Shar ’iyy's who have said Dawlah do not

    make Takfeer on every individual of Jabhat un-Nusrah,

    although there are groups from them that have fallen into

    Kufr Akbar (of allying with the Kuffaar against Dawlah)

     

    There are no statements from the officials of Dawlah on the

    Takfeer of Jabhat un-Nusrah –  although individuals

    (including Shar ’iyyeen) have made Takfeer on them as a

    whole and require the members to make Baraa'ah from the

    Kufr before considering them Muslims

     

    Even if Dawlah make an official Takfeer, it will be based on

    their Kufr Akbar. This is what the Deen teaches and is not the

    way of the Khawaarij

     

    It is the other groups, including Jabhat un-Nusrah, who are

    permitting the blood of Dawlah by constantly calling them

    the dogs of hell-fire without justification and verification

    And again this is a sign of being biased or receiving wrong information

    information - and upon us is to give the benefit of the doubt. It also has

    no relevance to the validity or invalidity of the Khilaafah

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    SECTION ONE: VALIDITY OF KHILAFAH

    On Page 14:

    This is when the Shaykh starts to talk about the Khilaafah more directly,

    so if one wishes they can start reading the Shaykh's writing from here.

    He mentions several points:

    TAMKEEN IS A CONDITION

    1.A) The first point he mentions is that names have implications and

    meanings and if these meanings are missing then that name becomes

    invalid. In other words he is saying that just by calling someone aKhaleefah does not make him a Khaleefah; the Khaleefah has certain

    implications, duties, conditions etc.

    The reason he mentioned this point:

    'This is a reply without elaboration to those who have been ignorant

    and claimed that the condition of tamkeen (strong establishment) is a

    false condition for the achievement of the Khilafa.'

    Comments:

     

    Dawlah do believe that Tamkeen is a condition to establish the

    Khilaafah, just as Allaah (swt) says in Soorat un-Noor

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      Dawlah do have Tamkeen in the lands they control

      The indications that Dawlah have Tamkeen are the following:

     

    People in the State know without doubt who is in authority

    over them

      There are no other armed groups that compete with

    Dawlah in their areas of control

      People obey the laws set out by Dawlah (e.g. related to

    curfews, Niqaab, driving, cigarettes etc - besides the Laws

    of Allaah (swt))

      People know that they will be punished if caught breaking

    the law

    So, once again, the Shaykh is either speaking without knowledge or is

    receiving wrong information - and it is upon us to give the benefit of the

    doubt.

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    IMAAM IS A SHIELD

    1.B) The Shaykh's second point is on the Hadeeth: 'Indeed the Imaam is

    but a shield and protection is sought from him.'

    He says that the shield indicates Shawkah (strength) and Tamkeen

    (establishment) and the Imaam is obeyed and fought behind in return

    of protection from him.

    Comments:

      Dawlah have Ribaat points on all borders of the state and are

    protecting it from invasion i.e. they have Shawkah

      It is continuously expanding by Allaah's Grace (even to new

    countries), even though there is heavy ariel bombardment i.e.

    they have Shawkah

      Even the enemies from the west acknowledge Dawlah as a

    state and a conventional army and have spoken about it in

    high praise –  when else did they speak about others in this

    manner? And, by Allaah, this is not to belittle any other group,

    but only to show the level of Shawkah Dawlah has

     

    Thousands from the Ummah are fighting behind the Imaam

    Aboo Bakr Al-Baghdaadiyy and he is offering the Ummah under

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    him protection as much as he can so he fits the description of

    the Hadeeth

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    CONDITION OF KHILAFAH & APPOINTMENT BY THE PEOPLE

    1.C) The Shaykh mentions that a contract has pillars and purposes and

    if they are missing then the contact is invalid

    Comments:

      This is true

    1.D) He mentions that the leader is someone chosen by the people and

    not a divine selection. He mentions that ibn Taymiyah said that even if

    the Messenger Muhammad (saw) selected a leader and the people

    after that went against it and selected someone else, the one the

    people selected is binding and legitimate. 

    Comments:

     

    This is correct. Just to make it clearer, this is because the Prophet(saw) already said that the matter of leadership is not Divine, so

    if he chose a leader to lead after him, it would not be

    considered Wahy. It will be considered his personal preference

    and hence if people go against it after and chose another

    man, it is valid

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    PURPOSE OF THE KHALEEFAH & PROTECTING THE UMMAH

    1.E) He mentions that the purpose of the contract between the Ummah

    and the Khaleefah is that he implements the laws of Allaah, protects

    the Ummah and invites towards Allaah by Jihaad

    Comments:

      This is not entirely true. The main purpose of the Bay’ah is to

    hand the authority to a man who will implement the Sharee ’ah

    in return for the obedience of the Ummah

      His duty is to protect the Ummah (inside the State) and to wage

    offensive Jihaad, but if he fails to do so he can still be

    considered the Khaleefah as the Bay’ah is given for him to

    implement the Sharee’ah

    1.F)  The Shaykh speaks of the same Hadeeth about the Imaam being

    the shield (i.e. able to protect) and if he is unable to do so anymore

    then he loses the title of being called an Imaam.

    Comments:

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      The Imaam is only obliged to protect the Ummah that are in his

    state and not those who have not made Hijrah to Daar ul-Islaam yet. This is learnt from the Aayah (which the Shaykh

    quotes in his writing too):

    “Verily, those who believed, and emigrated and strove hard and

    fought with their property and their lives in the cause of Allaah as well

    as those who gave (them) asylum and help, these are (all) allies to one

    another. And as to those who believed, but did not emigrate, you owe

    no duty of protection to them until they emigrate, but if they seek your

    help in religion, it is your duty to help them except against a people

    with whom you have a treaty; and Allaah is the All-Seer of what you

    do” (Soorat ul-Anfaal 8:72)

      If the Imaam loses power and ability to rule over the people,

    then he loses his title

     

    If the Imaam is losing battles with the enemy, it does not mean

    he is no longer the Imaam and that we should desert him.

    Rather we should support him even more

      If the Imaam loses land to the enemy then that land is no longer

    part of Daar ul-Islaam as he would have lost Shawkah in thatregion

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    CONSULTING THE MUSLIMS

    1.G) This is when the Shaykh presents evidences and quotes related to

    the validity of a Khaleefah.

    He quotes ‘Umar bin Al-Khattaab (ra):

    "Whoever gave the pledge of allegiance to a man without consulting

    the Al-Muslimeen, then he should not be given the pledge nor the one

    who gave him the pledge, lest they both should get killed" (Saheeh ul-

    Bukhaariyy)

    Comments:

      From this quote, the word 'Al-Muslimeen' needs to be defined: is

    it really talking about every single person in the Ummah,

    including the righteous and the sinners and the people of Bid’ah

    and so on? Or is it referring to a specific group from the

    Ummah? Although it may seem as though the Shaykh is saying itis the entire Ummah, he later mentions that al-Muslimeen here

    refers to the Ahl ul-Halli wal-’Aqd and not the entire Ummah

    1.H) The Shaykh mentions that the obligation of ruling by Allaah's law is

    upon the entire Ummah. However it is not possible for everyone to fulfill

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    this duty himself and thus the way the Ummah fulfills this duty is by

    appointing a man from amongst them who will represent them. Hencethe Khaleefah represents the Ummah. The Shaykh is trying to point out

    that the contract of Bay’ah is a contract of representation.

    1.I) The Shaykh mentions that there must be a group of people that

    represent the Muslims and these are Ahl ul-Halli wal-’Aqd. The Shaykh

    says this group must be knowledgeable, wise and possess power. Andhe also mentions that neither the Imaam nor the Ahl ul-Halli wal-’Aqd

    can remove themselves of representing the Ummah.

    Comments:

     

    Ahl ul-Halli wal-’Aqd are not necessarily the most

    knowledgeable and wisest people, although that is better. The

    proof for this is in the fact that the first Ahl ul-Halli wal-’Aqd in the

    first Islaamic State (in the time of the Messenger Muhammad

    (saw)) were not the most knowledgeable Muslims. They were

    the Sahaabah known as the Ansaar and they were relatively

    new Muslims and definitely not more knowledgeable than the

    Sahaabah from the Muhaajireen

      The main qualities that Ahl ul-Halli wal ‘Aqd must have is power,

    as the Shaykh mentions, and they must represent the people of

    power in the specific region

      It is not required that they represent the entire Ummah (which is

    something close to impossible to find). The proof for that is in the

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    fact that the first Ahl ul-Halli wal-’Aqd at the time of the

    Messenger (saw) did not represent the entire Ummah e.g. theydid not represent the Muslims in Makkah and Abyssinia

     

    Although it is true that the Ummah is in authority, it should be

    clear that the decision of the Imaam is final and not the other

    way around. The Imaam has no obligation to obey the Ummah

    and the Ummah must obey the Imaam, except if he becomes a

    Kaafir

      We should also be clear who the Ahl ul-Halli wal-’Aqd are. They

    are the people of power in the area the Islamic State is to be

    declared. For a detailed read on who the Ahl ul-Halli wal-’Aqd

    are and who they are not, refer to this article:

    http://justpaste.it/ahlulhalliwal3aqd

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    SECTION TWO: FIQH OF IMAARAH

    2. In this section (page 18) the Shaykh points out some beneficial Fiqh

    related to Imaarah and Hijrah which we can learn (although it is not

    really related to the validity of the Khilaafah). The points have beensummarised below and one should refer to his writing for full details:  

    i. 

    The believers have 2 types of allegiance to each other: one

    based on Eemaan and the other based on Hijrah to the Islamic

    State (i.e. a political bond)

    ii.  If one has not made Hijrah to the Islaamic State it does not

    make him a Kaafir

    iii. 

    The Muslims outside the Islaamic State can engage in Jihaad

    and if they ask for support in the Deen then the Khaleefah must

    help them

    iv.  Possibility that if the Islaamic State has a treaty with an enemy, it

    may not be binding on Muslims outside the Islaamic State

    v. 

    The Shaykh mentions that the political division is against the

    norm in the matter of unity as Allaah commanded us to be

    united and not separatedvi.  Then (at page 21) the Shaykh says:

    'All of these prove that it is wrong to make one pledge of allegiance

    obligatory on the Muslims throughout all times. And the one who says

    that would go towards misguidance if he permitted killing them by

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    leaving the pledge. And he will truly be from the dogs of hell fire if he

    declares them to be unbelievers for this action or build upon it, i.e. thebay’ah for his leader, one of the fundamentals for this religion...'  

    Comments:

      I am not sure what exactly the Shaykh is trying to say here, but if

    he is saying that giving Bay’ah to a Khaleefah is not obliged

    upon every Muslim worldwide, then that is a great error and

    words that will cause disunity. If one Khaleefah is selected it is

    binding on every Muslim worldwide to give Bay’ah otherwise

    they will die a death of Jaahiliyyah. It is Haraam to appoint

    more than one Khaleefah so there is no option but to give

    Bay’ah to the first one selected

     

    As for the second two sentences, it has already been said that

    Dawlah do not kill people if they do not give Bay’ah neither do

    they make Takfeer on them

    vii)  The obligation of Hijrah from Daar ul-Kufr is lifted if the person

    can prevail his Deen in that land

    viii)  Jihaad can be fought with the Khaleefah or without him if

    one is not in his jurisdiction, whether in a group or alone

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    3. He says that the action of the Imaam is dependant upon his ability

    and he also mentions that the Prophet (saw) consulted the Sahaabahduring Badr

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    ON PAGE 23: FURTHER DETAIL ON CONSULTATION WITH

    MUSLIMS

    4. A) Here the Shaykh mentions something more relevant to our topic

    and it is the repeat of the quote of ‘Umar bin al-Khattaab regarding thefact that Bay’ah should not be given except after Shooraa with the

    Muslimeen, but with more elaboration.

    The Shaykh uses this Hadeeth to say that just because a group of

    people gave Bay’ah it does not mean the rest of the Ummah need to

    do the same and that the Khilaafah is not valid just because a set of

    people gave Bay’ah. Interestingly, the Shaykh also mentions that the

    'Muslimeen' in the Hadeeth is referring to the Ahl ul-Halli wal ‘Aqd i.e.

    not the entire Ummah, but a specific group from the Ummah.

    Comments:

      The Shaykh's words here are confusing and conflicts with his own

    words (which is found in the same paragraph too)

      He says that Shooraa should be made with the 'Muslimeen' and

    Muslimeen here is referring to Ahl ul-Halli wal ‘Aqd i.e. a specific

    group. So if this specific group make Shooraa amongst

    themselves and elect a Khaleefah, then 'Shooraa with the

    Muslimeen' has been done

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    After this, the rest of the Ummah are obliged to accept theKhaleefah

     

    In other words, if a specific group made Shooraa and elected a

    Khaleefah, this Khaleefah is valid and it is obliged on everyone

    else to give Bay’ah

      It seems like the Shaykh believes Ahl ul-Halli wal-’Aqd must

    represent the entire Ummah. This is impossible. However, after

    the Ahl ul-Halli wal-’Aqd of a certain area elect a Khaleefah,

    then they will represent the entire Ummah as it is obliged on

    everyone else to give Bay’ah and accept their authority after

    the declaration of the Khilaafah

      And again, for a more detailed discussion on Ahl ul-Halli wal-

    ’Aqd, one should refer to this:

     justpaste.it/ahlulhalliwal3aqd

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    OUR REALITY TODAY

    4.B) Here the Shaykh mentions another point relevant to our topic. He

    mentions that our current situation is such that there are groups around

    the world working in their own areas to become established in thatland. He mentions that while some have become more established

    than others and others are still trying, it does not help when one of

    these groups decide to announce the Khilaafah. He sees this close to

    childishness, immaturity and ignorance.

    Comments:

      It is far from ignorance if people with Tamkeen (establishment in

    a land) and Shawkah and Man’ah (power and ability to protect

    the borders) declare the Khilaafah while others with the same

    Tamkeen and Shawkah (or maybe more) delayed the

    obligation without a Sharee’ah permit

     

    The condition for announcing the Khilaafah is the presence of

    Tamkeen and Shawkah. If the conditions are met and one

    delays it then he will be accountable for delaying. This is like the

    Imaam of Salaah who made Wudhoo' and met all the

    conditions of Salaat ul-’Asr and then delayed it until after the

    Azhaan of Maghrib. Would it be childish and immature if a

    group of people gathered and selected another man

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    possessing all the conditions to lead the people for Salaah for

    ‘Asr? Rather, this is obliged and even more so if all the otherMasaajid (in the same time zone) are delaying it

      And again, we should remember the appointment of a

    Khaleefah has a time limit of 3 days, as we learnt from the same

    ‘Umar bin al-Khattaab (ra), and around 36,500 days (100 years)

    have passed since the last time the Ummah had a Khaleefah.Hence, and again, as the wise Shaykh Al-‘Adnaaniyy said, 'the

    matter was too urgent'.

      Regarding making Shooraa with all the different groups who are

    working for Tamkeen around the world, then this is not needed.

    This will become clear when one realizes that the Ahl ul-Halli

    wal-’Aqd are the people of power in a certain land and in the

    land where it is intended to establish the Islaamic State. So if, for

    example, the people of power in Khurasaan make Shooraa

    amongst themselves and elect a Khaleefah, then that is binding

    on the entire Ummah. It so happened that Allaah (swt)

    established it in Iraq and Shaam and only the Shooraa of the

    people of power in that region was needed to elect the

    Khaleefah. This group was, whether one likes it or not, ISIS. They

    were part of the Ummah and Muslimeen that ‘Umar bin al-Khattaab mentioned

      Another point worth reminding is that the size of the land is not

    relevant. Remember, Yathrib was a very small city, but was

    enough to declare the State at the time of the Messenger

    (saw). So, again, if any from those groups had a piece of land in

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    4.C) The Shaykh quotes the Hadeeth: “The children of Israel used to be

    politically led by the Prophets. Whenever a prophet would die, anotherProphet would succeed him. And there is no Prophet after me and

    there will be Khulafa and they will be many”. They said, “So what do

    you order us?” He said, “Fulfill the pledge of the first ones, and give

    them their rights which Allah has made for them. For indeed Allah will

    ask them for what they have been engaged in” (Saheeh ul-Muslim) 

    He mentions the following points from this:

      Shaykh Aboo Bakr Al-Baghdaadiyy does not possess any authority

    and is incapable of protecting the people

     We have spoken about this already and this really shows theunreliability of the people that are relaying information to the

    Shaykh

      The Hadeeth proves that the Bay’ah is obliged on those who

    pledge and does not compel those who have not given the Bay’ah

    to pledge

      Either I have completely misunderstood the Shaykh on this point

    or there was a translation issue or the Shaykh forgot the rulings of

    Bay’ah. I will give the benefit of the doubt and only mention, as

    said before, that it is obliged on the whole Ummah to give

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    Bay’ah to a Khaleefah if he has met the conditions and not

    doing so will cause the person to die a death of Jaahiliyyahaccording the Hadeeth which I am sure everyone is aware of

    by now

      He compares the declaration of the Khilaafah of Dawlah to those

    of previous groups (again most likely thinking of the Takfeeri group

    we mentioned about in the beginning) and says Dawlah's Bay’ahwould be invalid anyway because it is not the first pledge in the

    Ummah

      Dawlah are the first group to declare the Khilaafah while having

    Tamkeen and Shawkah. Which other group declared the

    Khilaafah while possessing Tamkeen and Shawkah? The Takfeerigroup the Shaykh talks about declared the Khilaafah without

    any establishment in the land and without any power to defend

    any land (they were based in London). This is why their Khilaafah

    was invalid. In the case of Dawlah it is clearly different for the

    one whose vision is not blocked or blurred

    Page 24 Until The End:

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    The Shaykh summarizes everything he spoke about and a little more

    regarding his views on Dawlah and the reply for most of which can befound throughout my writing.

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    SUMMARY

    This piece of writing has been made by an average Muslim on the

    writing of one of the exceptional Scholars of our time and the writer ’s

    credentials do not even reach the feet of Shaykh Aboo Qataadah (fa).However, the writing of the honourable Scholar became an obstacle

    for many people to refrain from giving Bay’ah and if a response to it

    can become a way of clarification and unification under one

    Khaleefah for the Ummah, then this poor servant is ready to reply to a

    thousand Shaykh Aboo Qataadahs’ misinformed views, Bi Izhnillaah.

    In relation to the topic of a valid or invalid Khilaafah, in the entire book

    it is very rare to find much words that are relevant. However the main

    relevant points the Shaykh mentioned are:

    1.  To declare the Islaamic State one needs Tamkeen and according

    to the information he received, Dawlah does not believe they needTamkeen neither do they possess it –  this is not true as we have

    explained and his misunderstanding of the reality is due to

    receiving incorrect information about Dawlah

    2.  One needs to make Shooraa with all the different Jihaadi groups

    that are working to establish the Deen as according to him they are

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    the Ahl ul-Halli wal-’Aqd –  this understanding is due to incorrect

    understanding of Ahl ul-Halli wal-’Aqd. To remind, Ahl ul-Halli wal-

    ’Aqd are the people of power and defense in a particular (military)

    group in a particular area and do not have to represent the entire

    Ummah, the way the Sahaabah from the Ansaar were the people of

    power only in Yathrib and did not represent the rest of the Muslims

    outside of Yathrib at that time. And again, the one who wants to

    understand this topic better and in detail should refer to the writing:

     justpaste.it/ahlulhalliwal3aqd 

    Another important thing that needs to be mentioned again is that the

    people that relayed information to the Shaykh are very unreliable and

    had they existed in the time of the compilation of Ahaadeeth, they

    would most likely have been found in the list of weak narrators and

    perhaps even be labeled as Munkar. I believe this is the main problem

    of the book and if these people relayed wrong and twisted information

    to the Shaykh on purpose then I say: May Allaah expose them and give

    them a life and death of humiliation, unless they publically repent.

    Following from this, my advice to Shaykh Aboo Qataadah would be

    that one should not speak about realities as if they can see it and have

    experienced it without actually seeing and experiencing that reality.

    Writing a 10,000+ word document based on hearsay with such

    confidence about Dawlah, creating hatred and rejection for a group

    who strove to establish Allaah's Deen for around a decade and

    accusing and dishonouring it's noble leaders, while being restricted in

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    prison and not being able to see the reality on Dawlah's grounds nor

    having spoken to the leaders of Dawlah is immensely unjust and couldbecome a cause of losing credibility. And one should remember the

    lesson that is learnt from the mistake of Daawood (as) with the 2 Angels.

    And, of course, this advice is being given if it is allowed for a Muslim with

    a low virtue and status to advise a Muslim with a high noble status.

    I ask Allaah (swt) to expose and clarify all the lies against Dawlah andremove the doubts in the Ummah regarding the current Khilaafah.

    Indeed, the hope of the entire Ummah uniting under one leader

    fighting and avenging the enemies of Allaah and Islaam is an

    phenomenal feeling. May Allaah (swt) unite the Ummah amd

    exterminate the Munaafiqeen. Aameen.

    Your humble brother

    Aboo Musaddas

    aka Aboo Yoosuf ul-Hindiyy

    Rabi’ Thaani 1436 / February 2015