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Reply to Questions from a Visitor - Tibyan Publications

This is a discussion on Reply to Questions from a Visitor - Tibyan Publications within the Global Affairs forums, part of the Main Topics category; Someone asked us some questions about our differences with the Tibyn forum, our stance on Ibn Bz, our stance on ...

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    Aim High. Abul Hasan's Avatar
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    Aug 2008

    Default Reply to Questions from a Visitor - Tibyan Publications

    Someone asked us some questions about our differences with the Tibyn forum, our stance on Ibn Bz, our stance on Tahkum, and our stance on retaliation against non-combatants. They didnt want their name published and they asked for the reply to be in e-mail. We are answering it publicly due to the number of people who have asked about these issues in the past.

    Wa Alayk As-Salm,

    Firstly, the people who ran the forums before it was abandoned are the same people at the blog, minus the Brother who was in charge of the technical matters.

    As for the issue of the Takfr of Ibn Bz, then our stance is that we dont agree with making Takfr of him. The reason for this is that none of the contemporary Scholars that we take from ever did this, in fact, many of them praised him, and some explained their reasons for not making Takfr for him, and forbid people from doing so as well. The one Brother who is no longer with us was the only one who ever took this opinion, yet it was never in any of our works, nor did any of the other contributors agree with it. In fact, many of us debated this with him as well as with some of the members of the forum, in private as well as publicly. This ended up being one of the three main reasons that the Brother left us, due to him feeling we were too lenient.

    As for the issue of Tahkum, then we assume that you are referring to the issue of seeking judgments from a non-Islmic court, when a persons rights have been taken, and the person only wants his rights, nothing more. This is an issue in which our Scholars have differed. Some viewed it to be permissible and did not believe that it was included in the issue of Tahkum ilat-Tght, others viewed it as kufr, while others refrained from judging upon it. From those who considered it kufr as an action, were some of the Scholars of Najd, such as Hamad ibn Atq an-Najd in Ad-Durar as-Saniyyah, Vol. 8/273, and from the current day Scholars, Shaykh Abdullh ibn Muhammad al-Ghunaymn. As for those who refrained from judgment, then that was Shaykh Abdul-Qdir ibn Abdil-Azz. As for those who permitted it and did not consider it coming under the issue of Tahkum ilat-Tght, or that it was allowed due to necessity, then from amongst them were Siddq Hasan Khn in Al-Ibrah Fm Warada Fil-Ghazwi wash-Shahdati wal-Hijrah, pg. 252, and from the current day Scholars, Ab Qatdah al-Filastn, Hmid ibn Abdillh al-Al, Ab Basr at-Tarts, and Abdul-Azz ibn Slih al-Jarb, and al-Hfith Sulaymn ibn Nsir al-Ulwn explained the issue of retaining lawyers in order to defend oneself and seek damages when your rights are violated. The opinion that we feel is the strongest is that this does not come under the Tahkum ilat-Tght which was declared kufr, due to the absence of an Islmic court to implement the peoples rights. However, if a person is seeking something that isnt his right, or if he has the ability to take the judgment to a Muslim who will be able to implement the rulings as a Hakam, yet chooses to go to a kfir court, then this still falls under the Tahkum ilat-Tght. For more information on these topics, look to Refutation of the Doubts Concerning Bayah and Imrah, by Shaykh Abdul-Qdir ibn Abdil-Azz, and The Slicing Sword Against the One Who Forms Allegiances with the Disbelievers, by Abdullh ibn Abd al-Br al-Ahdal, both translated by At-Tibyn Publications. As for the lies that have been made against us, that we make Takfr for people appealing parking tickets, etc. then these are lies from people who have a vested interest in people thinking we are extreme, so that our material isnt read and they can keep spreading their ideas about current affairs. Also, this opinion of the permissibility of seeking rights was another reason that the aforementioned Brother left us.

    On the issue of non-combatants and Qiss, first we need to define the word non-combatant. If what is meant by it is civilian; someone who isnt in the military, then this is a terminology which is not from Islm. In Islm, there is no term civilian. In Islm there are the following categories and sub-categories. There are Muslims and disbelievers. The Muslims are protected unrestrictedly, except in a small number of instances in which their blood is permitted, such as Zin from someone who has previously had intercourse, killing another Muslim, and some other instances when a judgment is placed on him. The disbelievers blood is permitted as the default ruling, but there are instances in which they are protected. These are times when they are given an Ahd or covenant of security by the Islamic state, or by a Muslim individual. There are also certain categories of disbelievers who are protected as a category. Some of these categories are agreed upon by the Scholars and others are disagreed upon. As for the categories agreed upon, then they are the children; those under the age of puberty, and women; females above the age of puberty. As for the categories disagreed upon, then they are the blind person, the one missing a limb which makes him unable to fight, the old person who is not able to fight and does not have any political or other influential power amongst the disbelievers, the monks and the likes who have secluded themselves away from the people and do not get involved in political matters, and a few others. With regards to the Qiss or retaliation against these groups, then for all of the categories other than women and children, it is clear that retaliation is allowed, because even the evidences used to forbid their blood to begin with are either weak or are not of a type which would legislate laws. As for the women and children, then the stronger opinion seems to be that it is allowed, as long as those being retaliated against are from the same people whom the original attacks came from against the Muslims. For more detailed reading on these topic, refer to articles by Shaykh Abdullh ibn Nsir ar-Rashd (Abdul-Azz ibn Rashd at-Tuwayla), may Allh free him, in Sawt al-Jihd Magazine, Issue #26, pages 13-15, Issue #27 pages 13-15, Issue #28, pages 18-24 and Issue #29, pages 28-33. Also look to Masil Min Fiqh al-Jihd, by Shaykh Ab Abdillh al-Muhjir, may Allh free him, pages 29-162.

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    Also look to Masil Min Fiqh al-Jihd, by Shaykh Ab Abdillh al-Muhjir, may Allh free him, pages 29-162.
    A Book that every Mujahid must read!

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