A philosophical answer

We have heard that a member of the C.I.D once approached a senior worker of the Tablighi Jamaat and enquired:

-' What is the name of your Jamaat?

'' Muhammad Jamaat,(PBUH) ' replied the senior.

C.I.D :-' Does your Jamaat follow a set of principles or a code of law? '

Senior:- ' Yes of course! That is the Holy Quran.

'C.I.D:- ' Do you have a head-quarters (a Markaz) ?

'Senior:- ' Yes, there is a city in Saudi Arabia namely Makkah Muazzamah wherein stands the House of Allah. That is our head-quarters.

'C.I.D:- ' How many branches does this head-quarter command and in which countries are they?

'Senior:- ' All the Mosques of the world are the branches of this head-quarters.

'C.I.D:- Who is the leader of this group?

'Senior:- ' Our leader passed away more than thirteen centuries away. His name is Muhammad peace be upon him.

'C.I.D:- What is the total roll of your members and where are they stationed in the world?

'Senior:- ' All those who recite the Shahadah- Laa Ilaha Illallah- are members of this Jamaat.

'C.I.D:- Do you have funds? If so, where are the funds?

'Senior:- The money in the pockets of those who profess the shahadah of Laa Ilaha Illallah makes up our funds.

'Note: This is not a temporary solution, but in fact our mission should be moulded eternally onto these lines and effort is made on this by coming out in Jamaat.

This is an all-encompassing movement which was explained by Maulana Ilyas Saheb thus:-' The aim of our Jamaat is to disseminate amongst the Muslims the Deen bought to us by Prophet Muhammad peace be upon him. This is our cardinal aim. '

Taken from http://engagersindawah.blogspot.com/2008/07/philosophical-answer.html

The Smile

THE SMILE

COMPUTER WONDER:

Ever wondered why one must click on 'start' to turn 'off' the computer?

Message from the Ameer of the Jamiatul Ulama

It is important to always have an exemplary, before us, from whose life we can take examples and be constantly guided to the straight path. There are many pious people in the world today to whom we can align ourselves to in order to preserve our imaan and take good counsel from. Such people are living examples and an inspiration to all; their mere presence in our lives makes it such that it becomes difficult for us to deviate from the straight path. By associating with such people we will be identified with those who are pious and Allah-fearing on the day of judgment.

Win-Win

Abu Yahya Suhaib b. Sinan said that Rasulullah Sallallahu 'alayhi wasallam said:

"Wondrous are the believer's affairs. For him there is good in all his affairs, and this is so only for the believer. When something pleasing happens to him, he is grateful, and that is good for him; and when something displeasing happens to him, he is enduring (sabar), and that is good for him." (Muslim)

Children

It is the responsibility of the whole society to protect children

What society do we think we are going to have if they are the future?

“It takes a village to bring up a child.”

A society which cannot protect her children has no future

THE SMILE: THREE KICK RULE

The Judge President went duck hunting in rural Limpopo Province. He shot and dropped a bird, but it fell into a farmer's field on the other side of a fence.

As the judge climbed over the fence, an elderly Afrikaans farmer drove up on his tractor and asked him what he was doing...

The Judge responded, 'I shot a duck and it fell in this field, and now I'm going to retrieve it..'

The old farmer replied, 'This is my property, and you are not coming over here.'

The indignant judge said, 'I am one of the most important judges in South Africa and, if you don't let me get that duck, I'll sue you and take everything you own.'

The old farmer smiled and said, 'Apparently, you don't know how we settle disputes in Limpopo Province. We settle small disagreements like this with the 'Three Kick Rule.'

The Judge asked, 'What is the 'Three Kick Rule'?'

The Farmer replied, 'Well, because the dispute occurs on my land, I get to go first. I kick you three times and then you kick me three times and so on back and forth until someone gives up.'

The Judge quickly thought about the proposed contest and decided that he could easily take the old codger. He also liked the idea, so he agreed to abide by the local custom.

The old farmer slowly climbed down from the tractor and walked up to the Judge. His first kick planted the toe of his heavy steel toed work boot into the judge's groin and dropped him to his knees!

His second kick to the midriff sent the judge's last meal gushing from his mouth. The judge was on all fours when the farmer's third kick to his rear end, sent him face-first into a fresh cow pat.

Summoning every bit of his will and remaining strength the judge very slowly managed to get to his feet. Wiping his face with the arm of his jacket, he said, 'Okay, you old man. Now it's my turn.'

The old farmer smiled and said, 'Nah, I give up. You can have the duck.'

Impressions of Love

Jamaal (Beauty), Kamaal (Perfection) and Ihsaan (Favour) are three impressions which stir up the bounty of love within hearts.

Looking at the creation of Allah Ta’ala : the skies, the oceans, the flora and fauna, we see reflections of beauty and splendour. If Allah Ta’ala has granted a mere atom of beauty to His creation, then what of His beauty ?

Ponder over the most perfect Sifats (Attributes) of Allah Ta’ala: He is Khaliq, the One who creates from absolutely nothing. He is Baari, creating His creation with excellence in compatibility, conformity and unity. He is Musawwir; giving His creation uniqueness and beauty in form and shape.

Just look at the creation of the universe : the perfect harmony of the day and night; of spring, summer, autumn and winter. Reflect over the creation of Man : the different stages man has to pass through…infancy, childhood, adolescence, adulthood and old age. Consider the various organs of the body; their position, purpose and function.

Thus, we recognise the Greatness and Power of Allah Ta’ala in looking at the perfection in His Creation and in His system.

Then again, we cannot help but love that person who is generous, kind and who showers us with his favours and gifts. What then of the infinite generosity and benevolence of Allah Ta’ala ? He is Wah-haab, The Giver of All and Everything; Muqeet, The Giver of our sustenance; Kareem, The Most Generous One and Naafi’, The One who bestows gifts.
Consider the kindness and favour of Allah Ta’ala in creating us Ashraful Makhlukaat (The best of Creation), without us having even asked for such honour.

Allah Ta’ala says in Surah Teen :
“Verily, We created man of the best stature.”
[Surah Teen 95 : 4]

Added to this, without us deserving, He has blessed us with Imaan, Islam, and thereafter so many gifts; of sight, hearing, speech, intelligence, health, wealth, beauty, etc.

Allah Ta’ala states in the Qur`aan Sharief :
“…And if you count the blessings of Allah, you will never be able to enumerate them…”
[Surah Ibraheem 14 : 34]

Thus, we find that these attributes of Jamaal, Kamaal and Ihsaan are perfect in Allah.

Therefore O Saalik…

Change the Qiblah of your heartFrom ‘Laila’ to Maula.
-

That heart, whose Qiblah is towards the ‘Lailas’ of the world, is easily changed in keeping the company of those who have not only established the Qiblah of their hearts towards their Maula, but whose hearts have already made Sajda to their ‘Maula’ (Master).

The cures, the antidotes and the treatments for the poison of sensual, illicit love are also obtained from these Ahlullah (Friends of Allah Ta’ala). Their company is akin to a dispensary and clinic, providing the curatives to the ailments of the spiritual heart.

Nevertheless and aside from this, the Aashiq of Allah Ta’ala remains happy and content in whichever condition his Beloved Allah keeps him.

His concern, however, is that Allah Ta’ala and Rasulullah (Sallallaahu Alayhi Wasallam) must be pleased with him and that he must not, in any way, incur their displeasure. …And the Love of Allah cannot be complete until the person loves Rasulullah (Sallallaahu Alayhi Wasallam) .

Aashiq-e-Sawdiq - Vol 1
A Discourse by Hazrat Maulana Yunus Patel Saheb [Daamat Barakaatuhum] [Musjid-e-Noor]

Knowledge

Imam ash-Shafi'i(ra) said,

"Knowledge is not what is memorised. Knowledge is what benefits."

Weapon of Rape

- Taken from TheHindu dated 15th June 08.

Mass rape is not just a byproduct of war but also sometimes a deliberate weapon.

Commanders has used it as a strategy of war.

Zahra AbdelKarim - what was her fault?

Eastern Congo - three-quarters of women raped.

Rapes conducted with pointed sticks that leave the victims incontinent from internal injuries.

What Allah has said - Allah Ta��la says in the Noble Qur��n, ���You are the best of nations sent to man. You command good and forbid evil and you believe in Allah���. (Aali Imraan). Allah Ta��la states that one reason for this Ummah being titled as the best of Ummah, is the practice of commanding good and preventing evil.

Hadhrat Abu Hurayra (Radhiallaahu ��nhu) states that Rasulullah (Sallallaahu ��layhi Wasallam) said, ���Command good and prohibit evil or else Allah will send such a punishment that will destroy everyone���.

If people do not prohibit evil and sin in the society, the entire society - innocent and evil - will equally suffer.

Blogging: an Islamic perspective:

-Sikander Ziad Hashmi, sunniforum.com

Blogging is becoming increasingly popular. Thousands of new blogs pop up daily. Many Muslims have joined in on the blogging phenomenon.

Obviously, blogging is a fairly new online activity. The Merriam-Webster dictionary still does not recognize the word “blog”. The few dictionaries that do so define it in various ways:

Weblog (noun): a personal Web site that provides updated headlines and news articles of other sites that are of interest to the user, also may include journal entries, commentaries and recommendations compiled by the user; also written web log, Weblog; also called blog (Webster's New Millennium™ Dictionary of English)

Blog (n): a shared on-line journal where people can post diary entries about their personal experiences and hobbies (WordNet ® 2.0)

Personal journals and diaries are nothing new. People have been keeping diaries for hundreds of years. What is new though is the added interactivity and the wide reach of these new online journals (blogs).

At the outset, it seems like blogging is a harmless activity for Muslims. After all, it’s simply a journal about one’s personal experiences, hobbies, and other ramblings, compiled publicly for others to read and often comment on. But after scratching the surface, we realize that it’s not as simple as it seems.

Many Muslims have begun to wonder about the religious ruling regarding blogs. Armed with personal experience from being an avid blogger in the past, this humble servant will try to wrestle with that question in this article.

Types of Blogs

Generally, blogs can be classified into one of the following three categories:
1. Personal journal: The author writes about whatever comes to mind. That can include feelings, events and happenings in their life, what they did on a particular day, etc.

2. Topic-specific journal: The author picks one area of interest (such as news, Islam, a certain sport, area of study, etc.) and posts his/her experiences, thoughts, and other relevant information regarding the specified topic.

3. Personal/topic-specific journal: The author combines both 1) and 2) in his/her blog.

The first category merits some discussion.

For starters, all bloggers know that since their blogs are public, their entries are accessible by anyone and everyone. As such, every blogger (but specifically a Muslim one) should be extremely cautious about what he/she is divulging in the blog entries. Many times, the contents of a single entry don’t seem to be of much concern, but when read collectively with past entries, they can provide an entire profile on the personality, character, and even physical traits of a person.

This presents some problems from an Islamic point of view. Islam, with its emphasis on modesty and its cautious approach to gender interaction, strongly discourages members of the opposite sex from openly divulging their personality, character, and physical traits (among other things) to each other.

Originally, when the concept of distant communication in real-time was non-existant, the prohibitions that were laid down were for physical, face-to-face contact. However, the advent of telephones, the Internet, SMS, digital cameras, and e-mail, has made it possible to have unhindered communication and interaction without any physical contact whatsoever. As a result, it has become increasingly difficult to differentiate between the two forms of communication (in terms of actual presence vs. distant) from a religious ruling point of view. Therefore, the entire concept of modesty, “lowering the gaze”, and “covering ones self properly” must be extended to all forms of contact. Thus, they must be applied in a holistic sense, to all our actions, and not only to physical interaction.

In essence, blogging about one’s personal life is similar to writing a journal entry and then posting it outside one’s house or at a street corner for all to read. There isn’t anything really wrong with doing that (if one wishes to be so public about one’s private life), as long as one doesn’t divulge any information that doesn’t lead members of the opposite gender to envision and imagine the author, and doesn’t let their hearts and minds become impressed and eventually lean towards the author.

Now, that may seem simple, but the fact is that nobody can really ascertain as to what may cause the above in the minds of the opposite gender. It may seem tempting to write-off this whole notion by saying that what goes through the minds of the readers is not the responsibility of the author. While that may hold true for truly objective pieces of work and in matters of true need, the onlookers would not be completely to blame for not “lowering their gaze” if a muscular, handsome man wearing boxers and a t-shirt were to unnecessarily walk through a group of women. The bulk of the blame would fall squarely on the shoulders of the one committing the unnecessary action, though the onlookers would be responsible for continuing to look even after they knew they weren’t supposed to.

Similarly, bloggers must be careful about what they write, lest they divulge traits about themselves that they should otherwise not be making known to the opposite gender, while at the same time, leading the readers into sin by hooking them on to reading on and learning more about the things they really don’t need to know, and shouldn’t know. Some devoted readers even end up forming an affectionate, emotional attachment with the author.

The fact that the above is in fact possible has proven itself time and time again, with bloggers receiving marriage proposals and other suggestive comments through various means such as e-mail, the comments box on their blogs, etc. It is highly unlikely that a stranger would send off a marriage proposal unless he/she was able to get to know the author well enough to feel comfortable in taking such a step.

It should be noted though that the above is regarding personal journal entries.

The second category, topic-specific journals, isn’t much of an issue. Since the journal is centered on a specific subject or theme, there usually isn’t room for personal details. This is similar to writing a column on a topic of choice for a magazine or a newspaper. Even if the journal contains commentary by the author, it will still be centered on the topic, so there isn’t much of an issue here, provided the subject or theme itself is not an immodest and shameful one.

The third category can pass, as long as some conditions are met. Some people like to discuss issues or make certain points through giving examples of events or situations they face in their personal life. This is fine, as long as it doesn’t reach the point described earlier in the discussion about the first category of blogs (e.g. personal journals).

Proponents of personal journals may argue that there are many benefits in having such a blog. For instance, the blogs help bloggers relieve stress by writing about their problems; they are chronicles for future reading; they inform, entertain, and educate others; they help build bonds of friendship; they allow an exchange of ideas; they give insight and help the bloggers improve their writing skills; and perhaps even allow the readers to “see how I apply Islam in my life”.

While some of the benefits of personal blogs cannot be denied, it becomes a matter of harms outweighing the benefits. Something that can lead to immodesty should be avoided, especially if it doesn’t offer any concrete benefits. Moreover, many of the benefits mentioned can be achieved without having a public personal journal. The entire problem lies in the public part. If the personal journal is limited to same-gender viewing only, there is no problem whatsoever.

Communication and Interaction
As long as the readers of the personal journal can’t communicate with the author, it is a one-way communication. However, the negative aspects of personal journals are multiplied when a mechanism is made available for readers to leave comments for and interact with the author and with others, without any restrictions. As witnessed on some blogs, the ability to leave comments on the blog (either in the form of a ‘comments’ link after each post or a ‘shout’ box) can lead to unhindered communication between members of the opposite gender.

With the Islamic principles of modesty as a backdrop, it must be made clear that cross-gender interaction is permissible when needed, for as much as it is needed. Anything beyond that is impermissible.

When a ‘comments’ page and a ‘shout’ box are made available on a personal journal blog, it becomes almost impossible for at least some members of the opposite gender to not interact with the author and perhaps even other readers about matters pertaining to the author’s personal life. Such needless discussions and ‘light talk’ between members of the opposite gender cannot be deemed as being permissible in Islam.

It is somewhat similar to, though not as extreme as, standing at a street corner and chit-chatting, cracking jokes, and conducting superfluous discussions with the other gender about their personal life and other unimportant matters that neither educate nor help in anything whatsoever – total idle talk.

Such discussions often very clearly lead to immodest behaviour. Some may see the fact that these discussions are held in public as a measure of security. In fact, the opposite is true. The fact that such discussions are held in full view of strangers is even more shameful.

The same rules would apply to such discussions as described by Shaykh Abdurrahman ibn Yusuf Mangera at http://www.sunnipath.com/resources/...qa00001336.aspx .

If the above elements are not found in ‘comments’ pages and ‘shout’ boxes on topic-specific and personal/topic-specific blogs, then they may be used, as long as they are not used as a conduit for unnecessary and immodest discussions between members of the opposite gender, and the discussions are kept on subject.

Anonymous Blogging
Some bloggers resort to blogging anonymously, since it seems like hiding one’s identity can be a remedy for many of the potential problems that personal journals may lead to.

Unfortunately, this notion is incorrect.

The Islamic principles of modesty and cross-gender interaction apply to all Muslims, whether they let others know who they are or not.

Nobody would condone committing shameless and immodest acts in the midst of a group of strangers, simply because nobody recognizes him/her. Similarly, holding indecent discussions is impermissible, regardless of whether or not one divulges his/her gender and identity.

Therefore, rules of modesty and cross-gender interaction apply to all Muslims, regardless of how much others know about them. Holding a needless conversation with a member of the opposite gender doesn’t become OK simply because the other party doesn’t know if he/she is communicating with a male/female.

The onus is one each Muslim to follow the rules and guidelines prescribed by Allah and His Messenger (SAW). It isn’t based on how much others know or don’t know about the person.

In addition, hiding one’s gender is extremely difficult in a personal journal. Sooner or later, something will be said that will enable the readers to discover the gender of the author.

In conclusion, before embarking on a blogging journey, all Muslims are humbly requested to take the above points into consideration. Just think: is a personal journal blog truly needed? Do you really want to share your personal details with the world? Is it really worth it? Do you really want strangers (guys and girls) reading about your life? Do you really want to step into an area you probably shouldn’t be getting into, Islamically? Do you want your life to be indexed by Google?

As an alternative, one can have a private blog on one’s own computer. As well, a gender-specific Yahoo! group can be created for members of the same gender to post their entries. Some blogging sites allow for password-protected entries, through which one can restrict and limit who can read the entries. Soon, some Islamic sites may begin brother- and sister-only blogging services, Insha-Allah.

This humble servant blogged for almost 9 months, writing over 170 000 words. In the end, though he had never thought it possible, he pulled his personal journal blog off the Internet.

It was just not worth it.

Allah knows best.

Source:http://www.sunniforum.com/forum/showthread.php?t=1952

editor@sunniforum.com

The Sweetness of the Love of Allah

“When in Love, the complaint of the Beloved is not Appropriate.
For me there is no Injustice in any of his Actions.

Outwardly though if may be a calamity,
But it is infact a Blessing in Disguised form.

That Calamity in which there is goodness for us,
is not really a Punishment.

The Love of the Slaves of Allah cannot reach perfection
until the blood of Evil desires is not shed.

May that which is pleasing to YOU also become pleasing to me.

What would I do with that Pleasure,
which is not accompanied by YOUR Pleasure?

How can I say that the Pain which is in my heart ( of Your Love)
is not a Gift of YOURS?

He, who is not blessed with the Gift remains
unaware of YOUR Glory.

Do not Rejoice over my Tears of longing for him,
when i am distanced from HIM.

O You initiated in Love, you have not as yet
experienced the Pain of deep-hearted Love.

Whosoever you witness giving his Heart and Soul to gold and
silver,
Believe that he has not tasted
The Sweetness of the Love of Allah."

Source:http://yunuspatel.co.za/books-tafweez.php

Happiness lies only and only in following DEEN

-

Hazrath Maulana Yusuf Saheb(ra) (former Ameer of Tabligh) once said -

Aaj jitney cheezein duniya mein hain,

pehley kabhi bhi nahi thi

Aaj duniya jitni pareshaani mein hain,

pehley kabhi bhi nahi thi

----

Explanation:........Today the volume of things(asbaab) we have, we dint had before, And the amount of misery we are facing today, we dint had before. This is because Happiness and Dil ka sukoon lies only and only in following DEEN i.e Allah(SWT)'s hukum and Nabi(S.A.W.S) ka tareeqa.

We have already come across numerous incidents of student firing his colleagues, teachers etc for no reason in U.S.A and now again comes a story from Japan ( which ranks first in making new things ).

Crisis of Japanese youth, blow to public safety:
Justin McCurry

Source:http://www.hindu.com/2008/06/10/stories/2008061054430900.htm

Japan faces a furious round of public soul-searching as it struggles to make sense of a frenzied killing spree that left seven dead and 10 injured on streets that are supposed to be among the safest in the world.

After ploughing his truck into a crowded street in the electronics district of Tokyo, a 25-year-old man, named by police as Tomohiro Kato, jumped out and began to stab the first people he came across. Six men and one woman died.

Witnesses described a scene of panic, with injured shoppers, some covered in blood, seeking shelter in nearby shops. After being apprehended by the police, Kato reportedly told them he was “sick of everything” and “tired of life.”

While most experts will describe the killing spree as a one-off, others are already pointing to a malaise at the heart of Japanese society that is behind a worrying rise in violent crime, cyber-bullying among primary school children and a new wave of suicides.

Nobuo Komiya, a professor of criminology at Rissho University in Tokyo, described the killer’s actions as a form of terrorism expressed by disaffected men who believe they have no other way of making themselves heard.
“Most murder victims know their killer, and most killers have no intention of being caught,” he said. “But we are beginning to see indiscriminate killings by people who don’t care if they are caught, or even whether they die.”

Though violent crime is still rare in Japan, a string of attacks targeting innocent bystanders in recent years and months has dealt a serious blow to its reputation for safety. Sunday’s incident took place on the seventh anniversary of a mass stabbing in an elementary school, in which eight children were killed. In January this year a 16-year-old boy attacked five people with kitchen knives in Tokyo, injuring two of them.
— © Guardian Newspapers Limited, 2008

Where to Buy

-

Looking to buy some new software for your computer? Not sure where you should go to buy it? Then read here for some great tips on what you should consider before taking the plunge. Check it out!

When you're buying new software, hardware or even a new computer, you have a few choices of buying locations to choose from. Of course, you can buy from a local retailer or from the Internet, but an auction is also a choice to consider.

A local retailer is probably one of the safest buying locations, but there are still some issues that could arise. Unfortunately, some sales representatives are all about "the sale," so they may tell you incorrect information about the product you're looking at just to seal the deal. Or, even worse, they may not even know any detailed information about the product. Both of those situations hurt only you in the end. If you're talking with a sales rep, ask them to demonstrate what they're explaining to you. That way, you know for sure what the item will do.

Another issue with a local retailer is the return policy. Make sure you know how long you have to return something in case it doesn't quite work the way you wanted it to or ends up breaking. You also need to be aware of the warranty that comes along with your purchase. Make sure it's offered by the manufacturer of the product or by the place of purchase itself.

Now, we all know there are some concerns when ordering online. Online shopping is becoming more popular each day, but with it, comes some extended problems. When you order something from the Internet, be sure the Web site you're ordering from is secure. When you're entering in your credit card number, look at the bottom of the screen to see if there is a small padlock there, like this:

If there is, it means your information will be kept secure and it's okay to continue. You can also look at the Web address for clarification. If there's an "https" at the beginning of the URL, the site is secure. If it just has "http," it's not. If you don't see either of those things, you may want to reconsider your purchase.

You should also make sure the company you're ordering from is well known. If the site doesn't contain contact information for the company, be wary of ordering from them. Be aware of piracy issues as well. These days, it's very easy for anyone to copy material to their own CDs and sell them. You need to make sure what you're buying is an authentic copy by looking for documentation of the product as soon as you receive it. You can also tell if a CD is burnt by the color tint. CDs are usually a greenish or goldish tint. A good phrase to go by is "if it sounds too good to be true, it probably is!"

When buying online, you should also check into return policies, warranties and make sure you always keep confirmation e-mails for your records.
Now, another popular buying location is from an auction. You can sometimes get computer products a little cheaper from an auction, but keep a look out for scams by the actual auctioneers. Look into their history and profile before buying anything from an unknown seller. Piracy, return policies and warranties are also issues you should check on when dealing with an auction.

Another type of auction is an online auction, such as eBay. It's recommended to pay by check in that type of situation, if possible. That will help prevent your credit card number from being stolen. If you have to pay by credit card, use a PayPal account for extra security.
When you're buying new computer products, it's better to be safe than sorry. Items may be cheaper at different buying locations, but there are also a lot of different scenarios out there today to look out for. Make sure you do your homework before you make an actual purchase. You'll thank yourself later for doing so. Be safe!

Source:http://www.worldstart.com/

Keep That Cartridge Fresh

Remember to keep your ink cartridges clean and fresh. If you don't print very often, your cartridges (both black and color) can dry out very quickly. You should always run your printer every so often so that doesn't happen. If you don't keep the ink flowing, it will dry up way before it's supposed to. If that happens, you'll just have to buy a new cartridge and that just wastes your money!

You should also remember to clean your print heads every once in a while. That will help keep the cartridge area clean as well. You can read here for some help with cleaning the print heads. Keeping everything fresh and up to date will benefit you greatly in the long run!

Source:http://www.worldstart.com/

Bringing Concentration in Salaah

Prescription of Hazrat Maulana Yunus Patel Saheb

(Daamat Barakaatuhum)
--

A common complaint of many who seek reformation, is their lack of concentration in Salaah, and finding themselves wanting in the spirit of Salaah. They write or ask for some prescription to bring in that spirit and that love of Allah Ta’ala through Salaah.

The following guidelines will, Insha-Allah, assist in improving the quality of one’s Salaah :

Men should try and reach the Musjid before the Azaan, so that they may with etiquette and ease, read the Sunnat Salaah – and this should take them about 5 minutes.

In the remaining few minutes before the Fardh, make Istighfaar, Taubah, or Zikrullah, or think of the Aakhirah (the Hereafter) and accountability and presentation of one’s deeds in the Court of Allah Ta’ala. Reflect over one’s life : What if my death has to come now ? …Try and cut off from the business and worldly activities as much as possible through this little meditation and Zikr.

Now comes the Fardh Salaah : Insha-Allah, by this time, much of one’s heart will be in that Salaah. Insha-Allah, with a little effort and perseverance, there will be full attention and concentration.

Ladies should try and read Salaah in its early time, thus giving themselves the opportunity of making preparation for Salaah, without any haste. They too should make a little zikr before commencing with Salaah, to get into the right frame of mind. Moreover, if we give priority status to fulfilling the Rights of Allah Ta’ala, then He will assist us in fulfilling our tasks. He will grant Barakah in time so that our undertakings are completed, Insha-Allah.

Condition the mind; address yourself – I am standing before the King of Kings. SubhanAllah. …I have been chosen, from millions, to converse with ‘Rabbul ‘Aalameen’ and I am being afforded the greatest honour and privilege (above millions of others), to make sujood to Allah Ta’ala… to be nearest to Allah Ta’ala. [ …If we could truly fathom the greatness of the gift, this ultimate honour, this good fortune – we would never want to leave the position of sujood.]

And whilst reading the Qur`aan Sharif in Salaah (and even outside Salaah) then think : This is the Kalaam (speech) of my Allah – of my Beloved. By contemplating the meaning of the verses that you are reading, think : I am listening to the speech of Allah Ta’ala. And since you are reading His Speech, He is also listening to you … Therefore learn the meaning of the Surahs we normally recite in Salaah. It will not take long to do so, if a little is learnt every day.

And think : In this Salaah, in this Tilawat, in this Zikr, in this Hamd – I have the special attention of Allah Ta’ala. I have exclusive attention because this is my ‘Me`raj’; this is my conversation and communication with the Master of the Worlds. ….What a compounded bounty –
SubhanAllah : So many gifts in the gift packaged as Salaah. How can any sane thinking Muslim ever refuse such a gift ?

In contemplating this, Inshallah we will experience the beauty and sweetness and pleasure of Salaah … we will understand the Hadith in which Rasulullah (sallallahu alayhi wasallam) says that the coolness of his eyes is in Salaah. May Allah Ta’ala grant us the reality.

Download and listen to the talk “Guaranteed Success” – Majlis (27 – 03 – 2006 ) which is an elaboration of the above prescription

Gas agency, bottling unit booked

HYDERABAD: Authorities of Legal Metrology department carried out intensive inspections on several gas companies and agencies in Hyderabad and elsewhere to check for proper cylinder weights.
Cases were booked against Indane Gas Agency for short weighing and not declaring the maximum retail price on the cylinder, a release from the department said. The flying squad also booked a case on the bottling unit of IOC, Cherlapalli for not declaring retail sale price and not providing consumer care address.
It is mandatory for all gas agencies to ensure that the cylinder is weighed at the customer’s doorstep.
Delivery personnel should carry a weighing machine and in case they don’t have a weighing machine or refuse to weigh the cylinder, then authorities should be alerted. Customers can call helpline number 1860-425-3333 and alert authorities of violations.

Source:http://www.hindu.com/2008/06/06/stories/2008060658130300.htm

Colleges sans sports facilities stifle students

R. Ravikanth Reddy

95 p.c. of junior colleges in city do not have playgrounds
BIE had asked RIOs to visit the colleges personally

HYDERABAD: Cramped classrooms and closed minds – that’s how private colleges in the city and their managements can be aptly described. Rarely do they get to see sunlight inside the classrooms as most of them are either sandwiched between two residential apartments or directly face the heavy traffic road in the busiest city centre. A facility to relax and a playground to diffuse the tiredness is a distant dream. No wonder, teenagers feel trapped in these ‘detention centres’.
More than 95% of the 400-odd junior colleges in the city and surrounding areas lack playgrounds and parking space.
If the directive of the Board of Intermediate Education (BIE) is taken seriously all those colleges would have to shut their shops. Interestingly, the Board doesn’t have the figures of how many colleges actually lack such facilities despite issuing a notice.

Stress on academics

Students agree that lack of sports facilities and rigorous academic schedule has stifled them.

“Leave alone providing facilities they don’t even encourage us to play sports. Marks and ranks are the only options before us,” says Avish, a second year student.

Teachers blame the parents who apparently insist on academics alone.
As per BIE rules, junior colleges need to have a minimum of 8,000 sft space of which 20% should be earmarked for parking. Last year, the High Court based on some petitions asked the Government to furnish the rules and details of how many colleges were actually following the rules.
Based on the High Court directive the State Government issued a GO in January 2008 revising some rules.
They were allowed to tie up with municipal playgrounds but the alternative facility had to be provided within a distance of five km from the college premises along with bus facility.BIE directive
The BIE asked all the Regional Inspection Officers (RIOs) to visit the colleges personally and submit a report. “But being busy in examinations the RIOs did not take the work seriously,” confided a senior official of the BIE.
The BIE has now asked them to submit weekly reports so that their role is monitored. “It will pick up now as they have to submit reports on a regular basis,” the official said. Rules say that colleges have to provide these facilities within three years of establishment.
Colleges in urban areas should have one acre and rural colleges should have two acres for sports and parking.
While existing colleges will get some time new colleges will get permission only if they have sports and parking facilities apart from a ‘No Objection Certificate’ from the Fire Services Department

Source: http://www.hindu.com/2008/06/06/stories/2008060659690400.htm

The boy and the apple tree

A long time ago there was a huge apple tree. A little boy loved to come and play around it everyday. He climbed to the tree top, ate the apples, and took a nap under the shadow. He loved the tree and the tree loved to play with him. Time went by and the little boy had grown up and he no longer played around the tree every day.

One day, the boy came back to the tree and he looked sad.
“Come and play with me”, the tree asked the boy.
“I am no longer a kid, I do not play around trees anymore”, the boy replied. “I want toys. I need money to buy them”.
“Sorry, but I do not have money, but you can pick all my apples and sell them so that you will have money” said the tree.
The boy was so excited. He grabbed all the apples on the tree and left happily. The boy never came back after he picked the apples. The tree was sad.

One day the boy who had now turned into a man returned and the tree was excited.
“Come and play with me”, the tree said.
“I do not have time to play. I have to work for my family. We need a house for shelter. Can you help me?” asked the boy.
“Sorry, but I do not have any house. But you can chop off my branches to build your house”, replied the tree.
So the man cut all the branches of the tree and left happily. The tree was glad to see him happy but the man never came back. The tree was again lonely and sad.

One hot summer day, the man returned and the tree was delighted.
“Come and play with me”, the tree said.
“I am getting old. I want to go sailing to relax myself. Can you give me a boat?” said the man. “Use my trunk to build your boat. You can sail far away and be happy”, replied the tree.
So the man cut the tree trunk to make a boat. He went sailing and never returned for a long time.

Finally, the man returned after many years. “Sorry my boy, but I do not have anything for you anymore. No more apples for you”, the tree said.
“No problem, I do not have any teeth to bite” the man replied.
“No more trunk for you to climb on”. “I am too old for that now”, the man said. “I really cannot give you anything… the only thing left is my dying roots”, the tree said with tears.
“I do not need much now, just a place to rest. I am tired after all these years”, the man replied. “Good! Old tree roots are the best place to lean on and rest. Come, come sit down with me and rest.” The man sat down and the tree was glad and smiled with tears.

This is a story for everyone. The tree is like our parents. When we were young, we loved to play with our Mum and Dad. When we grow up, we leave them and only come to them when we need something or when we are in trouble. No matter what, parents will always be there and give everything they could just to make you happy. You may think the boy is cruel to the tree, but that is how all of us treat our parents. We take them for granted, we don’t appreciate all they do for us, until it’s too late.

May Allah forgive us of our shortcomings and may He guide us. Ameen.

Love your parents
“Thy Lord hath decreed, that ye worship none but Him, and that ye be kind to parents. Whether one or both of them attain old age in thy life, say not to them a word of contempt, nor repel them, but address them in terms of honour. And, out of kindness lower to them the wing of humility, and say: “My Lord! bestow on them thy Mercy even as they Cherished me in childhood”. Translation from The Holy Qur’an, Surah Al-Israa (17:23-24).

Taken from http://islaminnewcastle.blogspot.com/2007/04/boy-and-apple-tree.html

The Effects of Television

Most people think that television is Haraam only because it projects images of living creatures. Today, tables in living rooms and bedroom walls are adorned and decorated with family pictures and other portraits, to the extent that some students hang the portraits of their shaikh on the wall for blessings. It is difficult to comprehend how the mercy of Allah ta’alaa is going to descend.

The pictures on the television screen are also still pictures like all other pictures or photos. The motion seen on TV screen is illusory and false. The ‘motion’ depicted on the screen is simulated by the rapid transmission of a large number of still pictures. the pictures on the television screen are also still pictures like all other pictures or photos.

The Encyclopaedia International states:
"The illusion of motion in television is produced by showing 30 still pictures, or frames, each second. Through persistence of vision the brain retains each picture until the next comes along. We are not aware of the fact that our eyes are really seeing a rapidly changing sequence of a large number of slightly different still pictures."

Any home that has images displayed is not visited by angels of mercy. The Holy Prophet of Allah (S.A.W.S) has informed us that any home which contains pictures of living creatures is not visited by angels of mercy. ( This saying of our beloved Prophet(S.A.W.S) must have been enough for us to shun the Television )

However, do you think television is only haraam because it projects images? There are many reasons for the ‘T.V.’ being haraam. Everybody who studies its influences finds new dangers. Televsion is an instrument of violating the injunction of hijaab. We all know that a non-mahram man cannot look at a non-mahram woman. The Prophet (S.A.W.S) has said “verily, the gaze is a poisonous arrow from the arrows of satan”.

Take heed my friends! After having seen one woman you turn to another and then another and are not satisfied and so you move onto magazines. But, the lust in your heart remains unfulfilled so you move onto pornographic images on the television and video and internet. The truth is always bitter and hard, but one does not need to conduct a survey to find out what people think when they are spending hours, watching naked women and men on the filthy ‘box’.

It is reported on the authority of Hasan Basri (R.A) that the Apostle of Allah (S.A.W.S) is to have said “the curse of Allah is on the who sees and on the one who is seen”. When a man looks at a non-mahram woman, then Allah’s curse descends on that individual for as long as he keeps on looking. We are glued to the television for hours, some even more, at a time. Be cautioned my friends. During all this time, Allah’s curse is befalling us.

There is no doubt that society at large influences children, but without any hesitation I can say that the effects the television has are far greater. It is the television that take our children on the path of drugs, alcohol, fornication, disrespect, confrontation, modernism and many other evils that are apparent in our society today. Know that these evils are a direct result of watching and learning from the television. ( But still we dont take heed, we are leading our children into hellfire, May Allah save each one of us )

Infact, television is being used to disseminate evil within the community. You may think that you are passing time and entertaining yourself when you are passing several hours in front of the T.V. You are mistaken my friend! Whatever you watch on television you accept as the truth. The television is not an instrument of entertainment, but an instrument used to reshape and motivate ones thoughts and loyalties.

Television is without any doubt a powerful agent and a stepping stone for fornication. In one Hadith our Nabi sallallahu alaihe wasallam said that among the signs of the Final Approaching Hour is that the whole family (mother, father and children) will collectively indulge in Zina. Hazrat Moulana Yusuf Binnuri has interpreted this Hadith as a reference to the modern mother of immorality, the TV. We find today the whole family – father, mother, sons and daughters – sitting huddled together around the TV set viewing the obscenity and the nudity exhibited on the TV screen.

Together, in a display of stark shamelessness, the whole family is committing Zina of the eyes, Zina of the ears and Zina of the heart, and Allah knows how many multitudes of men and women indulge in the final act of fornication as a result of watching and being aroused by the evil on the TV screen.

Islam lays a great emphasis on modesty, so much so, that our Nabi sallallahu alaihe wasallam said,
"Modesty is a part of Imaan (Faith)."

TV with its emphasis on illicit, depraved and bestial immorality is the very negation of the Islamic concept of modesty and shame. Mother, father and children together viewing the Zina – the fornication and vice on the TV screen – what is now left of humanity?

May Allah protect us and our children from the filth and depravity of the Modern World sunk in perversion and immorality

Guidance for the Seekers of Allah Ta’ala

Selected Quotes from the discourses of
Hazrat Maulana Yunus Patel Saheb
(Daamat Barakaatuhum)

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“My Rights”

Do not go by the book of “My Rights”. Go by the book of Love, Ihsaan and Khidmat.

In other words, if every person goes out of his or her way to fulfill the rights of others, instead of demanding his or her own rights, or goes a step further than just fulfillment of rights, i.e. he or she goes out of his or her way to be kind, caring, loving and forgiving, then automatically this world will become a paradise.

The unfortunate part is that the husband opens the chapter of his rights, and the wife opens the chapter of her rights. The parents open the chapter of their rights, and the children, of their rights. the teacher his rights and the pupils their rights and then everyone demands fulfillment of these rights.

No doubt, rights have been declared so that no person should stop short of their fulfillment, but you cannot have a peaceful society if there are just demands for rights and no fulfillment of the corresponding obligations.
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World of means

We are living in a world of means. We, therefore, make use of the means but we don’t trust in those means. Rasulullah(saws) had said : “Tie your camel and trust in Allah.”

When driving to a destination, check the oil, water, tyres, fuel, etc., but no matter how expensive and new the car may be, don’t believe and trust in the car to get you to your destination. That very car could also take you to the final destination of this world- the Grave.
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Love of Allah Ta’ala and His Rasool(saws)

Allah Ta’ala has given the human being a heart. The food which nourishes and pleases the heart is Love. The food of the eyes is beautiful scenery, beautiful colour, beautiful faces, etc. The ears derive pleasure in listening to beautiful sounds. The tongue appreciates tasty and delicious food and drink.

Thus, the food for everything is different. The food of the heart, the enjoyment and pleasure of the heart is in Love, but the vast majority of people are wasting this precious commodity of love on those things which are transitory and perishable and which will turn to dust.

Maulana Jalaluddin Rumi (Rahmatullah ‘alaih) relates in his Mathnavi : “Your hearts are attached to the things of the world which have their origin in sand. The women of the world are created from sand, the homes are of sand, the food is of sand, the children are of sand. EVERYTHING is of sand. They only appear in different forms and colours. The end result is also sand.

Aside from that, you are to be separated from them one day, so why attach yourself to them? Therefore, we are very immature if we have this attachment to them. Our attachment to these things, which we are to leave behind, should be with a very weak and light adhesive. On the other hand, we are to live with Allah forever, therefore our attachment to Him should be with a very strong adhesive, i.e. create an extremely strong link with Him in your heart.”

The love of one’s parents, wives, children and property is not prohibited, but it should not exceed the love of Allah Ta’ala and His Rasool(saws). This heart is reserved solely for the Love of Allah Ta’ala and His Rasool(saws).

In this regard, Hazrat Khwaja Azizul Hasan Majzoob(Rahmatullah ‘alaih) used to say : “The heart is Allah’s house. It isnot the house for (worldly) idols.”
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Things of this world are necessities, not objects of worship

When a person talks about something EXCESSIVELY, then know that the love of that thing has entered his or her heart.

The one who talks excessively about fast cars, fashionable clothes, pretty women, handsome men, multi-storey buildings, palaces, gold and silver and oil wealth, then know that the love of these things has entered that heart.

There is no sin in earning and using wealth to provide for comfort and maintenance, to go for Haj and Umrah, and to contribute to charity, to the needy and poor. However, the love for material possessions must not enter the hearts.

The toilet is a necessity and some homes have beautiful toilets; some even have gold taps, etc. But what would you think of one who talks excessively about his toilet ? …Just like the toilet, the things of this world are necessities - we, therefore, don’t make the material things of this world objects of worship.

The one who talks excessively about Deen, about the Love of Allah Ta’ala and His Beloved Rasool(saws), then know that their love has entered that heart. Of course, during business hours, the businessman will talk mainly about business with his clients and customers. The doctor will talk about medicine and health, and the fruit seller will call upon passers-by to purchase his fruit. All this talk, with the correct intention, causes no harm to the spiritual self.
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No government forces the Muslim.......

The environment is created by us. If Muslim individuals and families decide to practise upon the teachings of Shariah and rid their homes and lives of evil, then they have, indeed, created an Islamic environment.

No government forces the Muslim to indulge in adultery, gambling, drinking, consuming interest, watching evil and immoral TV programmes, reading filthy literature, etc. No one imposes upon us to emulate the Kuffaar in dress and culture or to organise our marriages and engagement parties in the pattern of the West.

Provided that we are sincere, we can at least create anenvironment at home, if not in the world. Blaming the environment for our failures is like the proverbial ostrich burying its head in the ground.
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We cannot and should not look down upon anyone.

Once, a drunkard found a piece of paper with the name of Allah written on it. Although he was half-drunk, he picked it up, cleaned it, put itr (scent) on it and kept it in a safe place.
When he passed away, someone saw him in a dream in which he informed the person that he had gained salvation because of that good deed. This action of his was the means of his forgiveness and salvation.

As Muslims, our Imaan dictates that we disapprove of and hate sins, but not the person indulging in sin. We do not know over which deed or action a person could gain forgiveness. We should neither consider any good deed as insignificant nor should we consider any sin, too trivial or small.

It is mentioned in the Ahadith, that once Nabi(saws) said to Hazrat Ayesha(rza) : “O Ayesha! Take special care to guard yourself against sins that are regarded ‘minor’, for even these will be brought to account by Allah.”

Even though one may abstain from major sins, one should not be indifferent to those sins categorised as minor sins, for it may well be, that one is taken to task for something which one considered ‘trivial’.
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Seclusion

Seclusion should not be with the intention of protecting ourselves from the mischief and evil of others. Staying away from people should be with the niyyat (intention) of protecting others from the evil and mischief within ourselves.

If our intention is the former, then such seclusion would cause pride and a feeling of superiority to enter the heart. This would cause spiritual havoc.
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No group should consider the other as an opposition.

Each group of “Haq” (Truth), whether engaged in Madrasahs, Darul Ulooms, Khanqahs, Jihad, Tabligh or Welfare, should consider the other as supplementary and complementary, and as an assistance to one another. No group should consider the other as an opposition.

All parts of the aeroplane engine are required to fly the plane.
The Defence Force of a country requires military, airforce, navy, foot soldiers, commanders, transport operators, computer attendants, pilots, etc. to fortify and defend the country’s borders.

For the defence and propagation of Islam, people are required to man different departments. We should therefore not insist that everyone does only one type of Deen work. What is necessary is that all Deeni workers, in all departments, should work with sincerity and in accordance with the teachings of Allah Ta’ala, our Beloved Rasool(saws) and the noble example of the Sahabah(rz), who were the companions of Rasulullah(saws).
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Darkness of Deviation

There can be ‘Jadu’, ‘Sehr’ and ‘Magic’ in the words and writings of those who have deviated from the Siratul Mustaqeem.

Their words have darkness because they have the darkness of deviation in the form of Kufr (Disbelief), Shirk(Polytheism), Nifaaq (Hypocrisy) and Fisq (Sin) prevalent in their hearts. Those who have spiritually pure hearts can sense this darkness in their hearts, when reading such writings.

In fact, Shaytaan glorifies the person’s deviated speech or writings and causes it to enter the heart of the reader or listener, as a result of which a person goes astray, sometimes even losing his Imaan (faith).

There are so many people who read the books of communists, atheists, Qadianis and Shias with a so-called open mind, trusting their intelligence to save them from deviation. However, people of great intelligence and learning went astray. There is no shortage of evidence to prove this point.

The writings and speeches of the Ulama-e-Haq and people who have purified their hearts and souls in the company of the pious have Nur (Light). This, in turn, lights up the hearts of both readers and listeners.

Those who have to do comparative studies should only do so after knowing well the Deen of Islam and its teachings. It should be done under the guidance of Ulama-e-Haq.

A Talk given by Pakistani Cricketer Mushtaq Ahmed

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Transcribed from the talk given by Pakistani cricketer Mushtaq Ahmed ( Talk was given at Redhills, Hyderabad, INDIA )

Shukr hai Allah ka, key usney hamein eik bahut bada inaam diya hai, jo duniya ka sabsey bada inaam hai, woh bhi binmaangey Allah ney hamein ata kiya hain, who kya hai – La ilaha ilallah.

Main agley din hamarey saathi hai NaeemBaig saab unkey saath jaraha tha, toh mainey poocha ye log kyun kartey hain aisa? – woh becharey eik kaam karrain they jo exist nai karta tha insaaniyat key aur deen key uper. Toh mainey kaha ye log kyun karrahey hain, unhuney kaha key – Shukr ada karo key tum nahi karrain, ager tum bhi unjaisey hotey, tumhari sonch bhi un jaisey hoti toh tum bhi waisey hi karrain hotey. Ye toh tum pey Allah ka fazal hain, Allah ka karam hain, key Allahpaak ney tumhey raasta dikhaya, ye Allah ka inaam hain, ismein hamarey bas mein koi baat nai hain.

Main team mein tha, main kehraha hu na, merey paas success tha, shohrat thi, izzat thi, daulat bhi milgayi, saara kuch milgaya, phir ekdum inn sab ka chin jaaney ka darr.
- Toh ye saathi jo hazraat hamarey paas aaye, inhuney aakey bataya key kya faida uss sehat ka jiskey peechey insaan ku beemari ka darr lagjaye,
- Kya faida aisi success ka jiskey peechey nakaami ka darr lagjaye,
Pehley toh baat nai suntey they, phir ahista ahista baat sunney laggaya. Toh ye Allah ka bada ehsaan huwa.

Jab eik doctor sabzi ki dukaan lagaleyga, toh woh kya uskey profession sey justify hoga. Eik doctor ka kaam tha beemaro ko theek karna, eik musalmaan ka kaam tha logo ku kidharleyjana? – Allah key bando ku Allah key taraf bulana. Saarey insaano ko dozakh ki aag sey bachaakar jannat key taraf lekey aana. Hamarey saamney koi billi jalaadey hum woh nai dekhsaktey, toh hum apney aapko aur apney gharwalo ko kaisey jaatey huwe dekhsaktey hain jahannum ki aag mein.

Deen key maamley mein hum apney andazey lagaletey hain. Main aapko apni baat batata hu, main samajta tha key namaaz nai padta per Huququl-Ibaad toh puurey karta hu, Huquuq toh insaano key poorey karta hu. Jo apney Maalik ko nai pehchaansakta woh apney maalik key huquuq kaisey poorey karsakta hain. Aap zara khud apney ander ye baat poochker dekhley key jo banda apney Maalik key ehsaano ko bhuul sakta hain, woh uski makhluuq sey kaisa accha suluuk karsakta hain, ye hamara eik bahana hain, eik excuse hain.

Eik musaafir ka kaam kya hain – safar karna. Aur jab musaafir makeen banjaata hain, toh sabsey zyaada takleef usey hoti hain.

Jab insaan marjaata hain toh laash ghar mein rakhi hoti hain. Toh uskey ander toh saara kuch wahi hain, sirf eik ruuh nahi hain, jo Allah ka amar hain. Allah woh nikaal'letey hain toh woh insaan sey mayyat kehlaney lagti hain. Uskey ander kya thi – Ruuh. Woh ruuh nikli toh insaan kya hogaya – dead body, mayyat. Ab mujhey batayye jo cheez nikli hain uski bhi toh koi khuraaq hogi, uski bhi koi cheez ki requirement hain, uski toh hamein pata hi nai hain. Uski requirement hai Allah ka hukum aur Nabi key tareeqa, ye na hospitals mein milti hain, na bazaaro mein milti hain, na gharo mein milti hain, ye toh yaqeen maniye Allah key hukum aur Allah key Rasul ki zindagi ko apnaney sey milti hain.

Allah toh sona rab hain jo kehta hain key tum apney musalmano bhaiyo key ayeb chupao main tumharey ayeb chupaunga. Aaj key toh hum musalmaan ki shaan ko aisa uthatey hain, aisi izzat ko uchaltey hain. Allah key Nabi(saws) apney munafiqeen key naam chupaliye, sirf eik Sahabi ko Hazrath Huzaifa (rz) ko bataye, key ye ye munafiqeen hai, insey bachkey rehna. Baakhi kisi ko nai bataya. Akhlaaq dekhey hamarey Nabi key, jo jaani dushman ho unkey naam nai batatey, hum toh jinmein koi khaami nai bhi hoti hain, unpey tohmat lagadetey hain key usmein ye khaami hain.

Jab hum jaisey musaafir Hyderabad sey delhi key taraf jayingey hum, aur raasta nai poochingey toh hamara endup hoga kidhar- Chandigarh. Toh jaakey Chandigarh mein poochingey woh Delhi ka restaurant kidhar hain. Toh woh kahingey aap toh chandigarh mein hain, - "ohooo phir toh bahut der hojayegi".

Musaafir ka kaam hain-na poochna, jisku nai pata woh poocheyga toh raasta miltey jaayega. Hum poochtey bhi nai hain. Dekho hum duniya mein kaisey khogaye, har baat pey discussion karsaktey hain.

Hamari saari taakhatey jitni bhi hain – I’lm ko dikhaney key liye hain, koi amal pey yaqeen hi nahi hain, na amal pey hamarey iraadey hain. Saara kidhar zor laga huwa hain, aaj har bandey key paas information hain, mager amal nahi hain.

Aiseyhi hain jaisey eik banda America jaata hain – unpad (illiterate) aur eik banda yahanpey, educated aadmi jo likhkey, kitaab likhkey America key baarey mein imagination karta hain key dekho ye kitaab likhi hain America key baarey mein, aur ye likhi hain. Eik unpad, merey jaisa aadmi America chaleyjaata hain, aur jaakey waha saara kuch dekhkey aata hain, dono ikhattey eik majlis mein bait’tey hain, toh dono America mein baat kartey hain, aap khud batayye kiski baat mein wazan hoga? – jo America ko hokey aayega, jo practically waha gaya hoga. Ye baat toh hamein yahi samajmein aajati hain, key amal sey zindagi banti hain, na key sirf I’lm haasil karney sey.

Allah key Nabi(saws) aakhri khutbey mein kya kehrahey hain key kya deen puura hogaya?- Sahabah(rz) kehney lagey – aye Nabi(saws) aapney haq ada kardiya. Toh aap(saws) ney farmaya phir jao, jidhar jidhar tumharey rukh hain uss taraf nikaljao aur merey deen ko jaakey pehlao. Ab who Sahaba they jo kaha kaha tak pahunchgaye, spain mein , kaha kahan tak pahunchgaye, kya unkey paas jihaaz they tab, kya unkey biwi bacchey nai they, saara kuch tha mager unku kamyaabi ka pata chalgaya tha. Aisey pata chalgaya tha key jab unka dil chahta tha key hum Allah sey baatein karey toh who namaaz padney lagjaatey they, Jab unka dil chahta tha key Allah unsey baatein karey toh woh kehtey they key hum Quraan padney lagjaatey they.

Aap(saws) ney kaha tha – khushkhabri sunado usko jo merey deen key liye benaam hojayingey, gumnaam hojayingey “. Aaj wahi toh daur hain.

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  Hum ye jo bhi nikaltey hain jitney bhi saathiyo key saath, main jab nikalney laga toh merey wife ney-" kaha key ye teen din kidhar jaarahey ho bhai?" Mainey kaha key Allah key raastey mein deen sikhney jaaraha hu, toh kehney lagi - "ye kaha pey likha hain?" Mainey kaha likha toh kai nai, Allah key Rasul(saws) ney kaha tha merey deen key liye niklo, mera deen phailau, toh main ye sikhunga bhi khud jaakey. Waapis aaya teen din key baad, thodi si mujhey jo buzurg hazraat ney bataya tha key wife key saath matters kaisey karney hain, maa ka kya haq hain, baap ka kya haq hain, aulaad ka kya haq hain, woh phir unkey saath jab suluuk aisa kiya toh yaqeen maniye ahista ahista aaj Allah key fazal sey main khushi key saath kehsakta hu key Allah paak ney deeni mahol paida kardiya, ghar pey dish bhi nai hain, itniii happy zindagi, jitna bhi time hota hain unkey saath guzarta hu.

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Allah key fazal sey aaj kya hai hamari situation aur pehley kya thi – bacchey baithey hain, fikar kis cheez ki, kal ki. Bacchey baithey hain - baaba baaba, jo itni pyaari ne’mat hain woh hamarey paas baithey hain, mera dhyaan kai aur hain, business mein hain, cricket mein hain, karobaar mein hain , unko toh enjoy nahi karrain.

Aisehi na dukaandaar kahey ya Allah sabsey zyaada bikri meri ho, namaaz nai padni. Dukaan kholkey baitha hain. Allah ney bhi graahak dena shuru kardiya – "ley abb, graahak ley tu". Aisey graahak diye, dopahar ki roti saamney padi hain, saalan saamney garam garam pada hain, Allah graahak pey graahak diye jaarahey hain, jis rizq key liye toh itna kuch karraha hain, wohi terey naseeb mein nahi hain. Kya faida aisey paisey ka, aisa rizq ka jismein sukuun hi na ho, jisko enjoy na karsakey aadmi.

Isliye merey dosto, choti si zindagi hain, badi jaldi jaldi chaleyjayegi, aaney ki toh tarteeb hain, jaaney ki tarteeb bhi koi nahi, key beta pehley nai jayega, baap pehley jayega, pata nahi kab Allah key paas sey bulawa aajaye.

Isliye iraadey karey sab bhai, key niklingey Allah key raastey mein aur deen sikhingey bhi aur deen ko phailayingey bhi.

A talk given by Abid Khan Saheb

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Transcribed from the talk given by Abid Khan Saheb in the gathering of Pakistani cricketers at Redhills, Hyderabad, INDIA.

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Eik martaba key waqiya key America key ilaaqey mein Jamaat chalrahi thi aur Allah ney wahan per beshumaar insaano ko hidayat di, aur unkey zindagiyo ko badla. Toh usmein eik joda, Allah key taraf sey hidayat unkey liye muqaddar huwi, ab woh islam mein daakhil huwa. Pehley mard daakhil huwa, phir usney apney aurat ko laaker milaya, phir usko haq samajmein aaya, phir dono ko kalma padaya gaya, tajdeedey Nikah huwa aur uskey baad phir unkey zindagi ko joda gaya, woh 6 saal key bacchey ko saath lekar chalney lagey. Phir unhuney hamarey iss mulk mein aaney ka iraada kiya.

Waapsi key waqt pey ye tai huwa key bhai umrah kartey huwe jayingey, toh woh log bhi bechain they key hum Allah ka ghar dekhingey, Nabi-e-paak(saws) ka darbaar dekhingey, Masjid-e-Nabuwii ki Imaani anwaar dekhingey. Ab chunachey unko saath lekar umrah kartey huwe aaye. Jab umrah key liye pahunchey toh hamarey buzurg they Hazrath Maulana Saeed Ahmed Saheb(ra), wahan per hayaat they uss waqt. Toh Hazrath Maulana key I'lm mein jab ye baat aayi key bhai ye joda abhi abhi hidayat paaker eik mahina kuch huwa hain aur saath chalraha hain aur abhi ye Hindustan jaaraha hain, toh Hazrath ney kaha key yaha ki Arabo sey mulaqaat karau - yahan ki aurto ko iss khatoon sey mulaqaat karau, aur yahan key mardo sey iss naumuslim ki mulaqaat karau, taakey dawat ki taaqt aur Imaan ki khuwaat aur zindagi ka maqsad inn ko bhi aisey samajmein aaye, jiskey liye Allah ney ye sarzameen banayi aur ye mubarak ne'mato sey inko sarfaraaz kiya hain.

Chunachey waha ki aurto mein baat chali key bhai America ki eik aurat aayi hain, aur uss sey mulaqaat karna hain aur kuch Imaan key muzaakirey honey hain. Ab woh bechaari seedhi saadhi aurtein samjhi key hum American aurat sey milrahein hain, ab woh apney apney aetbaar sey fashion mein duubkar - koi baalo ko banaaker, koi makeup karker, koi apney apney banau-singhaar key saath, haal bhargaya.
Ab humko jo kaarguzaari mili toh pata chala key ye jab pahunchi toh ye burqa posh, aur ye apney aapko aisey gloves key ander key iskey naaqun bhi - na pair key nazar aarain, na haath key nazar aarain aur ye unmein baithker Imaan ki baat ki aur kaha key - "Aap baitullah key pados mein aur Allah key padosi hain, hum toh aapkey zariye sey Imaan ki taazgi ko leney key liye aaye, aur tumhari shaklo aur tumhari kaifiyat ko dekhker mujhey toh hairat hori hai key jiss tehzeeb ko hum thuuk chukey uss tehzeeb ko tum chaatrahi ho, aur ismein tum apney zindagi ko sonchrahi ho, toh unkey cheekhein nikalgayi aur uss aurat key haath per Arab ki khawateen ba-izzat gharano ki unhuney tauba ki, istighfaar pada aur aaho pukaar key saath unkey zindagiyo mein eik nai tabdeeli aayi.

Phir uskey baad yahan mardaney mein uss naumuslim ko Prince key paas jaaney ka mauqa mila, aur Prince ney mulaqaat ka waqt deydiya key hum inn naumuslimo sey mualaqaat karingey, toh chunachey iskey shouhar ko uskey 6 saal key bacchey ko lekey mulaqaat key liye pahunchey.
Ab jab pahunchey toh wahan per baithkey usney apney zindagiyo ki ghaflato ka zikr kiya, aur kaha key inkey mahol mein mujhey Imaan samajmein aaya, Allah samajmein aaya, aakhirat samajmein aayi, usney merey dil ko jhanjhod'diya aur merey tabiyat ko nichod'diya aur Allah ney apney karam sey mujhey Imaan ki daulat di. Ab woh Prince khamoosh sunraha hai aur bacchey ko dekha key 6 baras ka baccha khamoosh baitha hain, ab uskey khamooshi ko dekhker isey khayaal huwa - Arab ki mehmaan-nawaazi key naatey, toh usney kaha - arey ye baccha khamoosh baitha hain aur Shahi mahel key aisey ajeeb-o-ghareeb drawing rooms unkey aur uskey ander beshumaar cheezey, lekin kisi pey na uski nigaah jamti, na dekhta.
Toh usney hairat sey kaha - beta tumharey liye kuch juice mangadey, kuch toys mangadey, ab jab usney ye kaha toh isney kaha - " nai, nai, aap daddy ki baat suntey rahiye, main bhi eik amal mein mashghool hu, aap bhi amal mein lagey rahiye". Toh usney hairat sey poocha masoom bacchey ki meeti awaaz ko sunker, iss 6 saal key bachey sey key - betey tum kis amal mein mashghool ho? tum toh baitho ho khamoosh, isliye hum poochrahey hain? Kaha -" nai nai main bhi eik amal mein mashghool hu," kaha - kis amal mein mashghool ho?
Kaha- " main jannat mein baagh laga raha hu, Aaka ney farmaya key - Jannat chatiyal maidaan hain aur jo aadmi Subhanallah, Alhamdulillah, Allahuakbar, Lailaha-ilallah padta hain toh har iss mubarat kalimey key badley mein eik darakht ugta hain, aur uski chatiyal maidaan jannat key baagho bahaar mein badal jaata hain, toh main toh apney jannat key baagh ko aabaad karraha hu".

Toh aisa hathoda uss Prince key dil-o-dimaagh per pada key cheekh nikalgayi, woh apney sofey sey uchal pada, aur fauran aaker uss bacchey ko uthaaker pyaar kiya, aur rotey huwe uss bacchey ko lekar apney mahel mein chalagaya, aur kaha dekho ye jinki zindagi peedi-der-peedi ghaflato mein guzargayi, Allah ney chand din pehley hidayat di, iss masoom bacchey ka haal ye hain key ye hamarey mahel mein baithkey kehraha hai key main jannat ka baagh lagaraha hu, aur cheezo sey beyniyaaz hain. Toh iskey kehney per ander sey aurto ki roney ki aahein baaher tak sunayi derahi thi. Allah ney puura ghar ka naqsha badla aur unkey zindagiyo mein tabdeeli aayi.

Toh merey dosto aur azeezo ye zindagi Allah ki amaanat hain. Ager aadmi inn bunyaado per chaleyga toh ye jiss maidaan mein hoga, ye maidaan Imaan ka baneyga, ye maidaan Taqwey-wa-Tahaarat ka baneyga, ye maidaan Hidaayat ka baneyga, ye maidaan Khurbat aur Muhabbat ka baneyga, aur zindagiya iskey ander hamari uss bulandi per jayegi jo hamarey aakhirat key khazano ko duniya mein jama kareygi aur jagey jagey hum numayindey-Muhammadur-Rasuulullah(saws) banker jiyingey aur humko dekhker duniya samjheygi.

Allah paak hamein apney zindagi key maqsad-e-hayaat ko samajney aur usko qadar karney ka raasta dey taakey Allah hamarey duniya aur aakhirat ko banadey aur kamyaabi key raastey per daaldey.

AGE AND EXPERIENCE

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A wealthy old Gentleman decides to go on a hunting safari in Africa, taking his faithful, elderly dog Jack Russell named Killer, along for the company.

One day the old Jack Russell starts chasing rabbits and before long, discovers that he's lost. Wandering about, he notices a leopard heading rapidly in his direction with the intention of having lunch.

The old Jack Russell thinks, "Oh, oh! I'm in deep doo-doo now!" Noticing some bones on the ground close by, he immediately settles down to chew on the bones with his back to the approaching cat. Just as the leopard is about to leap, the old Jack Russell exclaims loudly, "Boy, that was one delicious leopard! I wonder if there are any more around here?"

Hearing this, the young leopard halts his attack in mid-strike, a look of terror comes over him and he slinks away into the trees. "Whew!", says the leopard, "That was close! That old Jack Russell nearly had me!"

Meanwhile, a monkey who had been watching the whole scene from a nearby tree, figures he can put this knowledge to good use and trade it for protection from the leopard. So off he goes, but the old Jack Russell sees him heading after the leopard with great speed, and figures that something must be up.

The monkey soon catches up with the leopard, spills the beans and strikes a deal for himself with the leopard.

The young leopard is furious at being made a fool of and says, "Here, monkey, hop on my back and see what's going to happen to that conniving canine!

Now, the old Jack Russell sees the leopard coming with the monkey on his back and thinks, "What am I going to do now?", but instead of running, the dog sits down with his back to his attackers, pretending he hasn't seen them yet, and just when they get close enough to hear, the old Jack Russell says...

"Where's that damn monkey? I sent him off an hour ago to bring me another leopard!

Moral of this story...
Don't mess with the old... age and skill will always overcome youth and treachery! Brilliance only come with age and experience.

Divorce: Brilliant Advice

When divorce is inevitable, bear in mind this lesson. Others can also learn:

A learned man wanted to divorce his wife. People asked him the reason. He replied, "Why should I disclose my wife’s faults?"
After divorce, people asked why he had divorced. He replied, "Why should I disclose the faults of a strange woman?"

The Principle of Limited Liability in the Shari'ah: Mufti Muhammad Taqi Usmani

The Principle Of Limited Liability

1) Introduction
2) Waqf
3) Baitul-Mal
4) Joint Stock
5) Inheritance under debt
6) The Performance of the Islamic Banks - A realistic evaluation

Introduction

The concept of 'limited liability' has now become an inseparable ingredient of the large scale enterprises of trade and industry throughout the modern world, including the Muslim countries. The present chapter aims to explain this concept and evaluate it from the Shari‘ah point of view in order to know whether or not this principle is acceptable in a pure Islamic economy. The limited liability' in the modern economic and legal terminology is a condition under which a partner or a shareholder of a business secures himself from bearing a loss greater than the amount he has invested in a company or partner-ship with limited liability. If the business incurs a loss, the maximum a shareholder can suffer, is that he may lose his entire original investment. But the loss cannot extend to his personal assets, and if the assets of the company are not sufficient to discharge all its liabilities, the creditors cannot claim the remaining part of their receivables from the personal assets of the shareholders.

Although the concept of 'limited liability' was, in some countries applied to the partnership also, yet, it was most commonly applied to the companies and corporate bodies. Rather, it will be more true, perhaps, to say that the concept of 'limited liability' originally emerged with the emergence of the corporate bodies and joint stock companies. The basic purpose of the introduction of this principle was to attract the maximum number of investors to the large-scale joint ventures and to assure them that their personal fortunes will not be at stake if they wish to invest their savings in such a joint enterprise. In the practice of modern trade, the concept proved itself to be a vital force to mobilize large amounts of capital from a wide range of investors.

No doubt, the concept of 'limited liability' is beneficial to the shareholders of a company. But, at the same time, it may be injurious to its creditors. If the liabilities of a limited company exceed its assets, the company becomes insolvent and is consequently liquidated, the creditors may lose a considerable amount of their claims, because they can only receive the liquidated value of the assets of the company, and have no recourse to its shareholders for the rest of their claims. Even the directors of the company who may be responsible for such an unfortunate situation cannot be held responsible for satisfying the claims of the creditors. It is this aspect of the concept of 'limited liability' which requires consideration and research from the Shari‘ah viewpoint.

Although the concept of 'limited liability' in the context of the modern commercial practice is a new concept and finds no express mention as such in the original sources of Islamic Fiqh, yet the Shari‘ah viewpoint about it can be sought in the principles laid down by the Holy Qur’an, the Sunnah of the Holy Prophet ? and the Islamic jurisprudence. This exercise requires some sort of ijtihad carried out by the persons qualified for it. This ijtihad should preferably be undertaken by the Shari‘ah scholars at a collective level, yet, as a pre-requisite, there should be some individual efforts which may serve as a basis for the collective exercise.

As a humble student of Shari‘ah, this author have been considering the issue since long, and what is going to be presented in this article should not be treated as a final verdict on this subject, nor an absolute opinion on the point. It is the outcome of initial thinking on the subject, and the purpose of this article is to provide a foundation for further research.
The question of 'limited liability' it can be said, is closely related to the concept of juridical personality of the modern corporate bodies. According to this concept, a joint-stock company in itself enjoys the status of a separate entity as distinguished from the individual entities of its shareholders. The separate entity as a fictive person has legal personality and may thus sue and be sued, may make contracts, may hold property in its name, and has the legal status of a natural person in all its transactions entered into in the capacity of a juridical person.

The basic question, it is believed, is whether the concept of a 'juridical person' is acceptable in Shari‘ah or not. Once the concept of 'juridical person' is accepted and it is admitted that, despite its fictive nature, a juridical person can be treated as a natural person in respect of the legal consequences of the transactions made in its name, we will have to accept the concept of 'limited liability' which will follow as a logical result of the former concept. The reason is obvious. If a real person i.e. a human being dies insolvent, his creditors have no claim except to the extent of the assets he has left behind. If his liabilities exceed his assets, the creditors will certainly suffer, no remedy being left for them after the death of the indebted person.

Now, if we accept that a company, in its capacity of a juridical person, has the rights and obligations similar to those of a natural person, the same principle will apply to an insolvent company. A company, after becoming insolvent, is bound to be liquidated: and the liquidation of a company corresponds to the death of a person, because a company after its liquidation, cannot exist any more. If the creditors of a real person can suffer, when he dies insolvent, the creditors of a juridical person may suffer too, when its legal life comes to an end by its liquidation.

Therefore, the basic question is whether or not the concept of 'juridical person' is acceptable to Shari‘ah. Although the idea of a juridical person, as envisaged by the modern economic and legal systems has not been dealt with in the Islamic Fiqh, yet there are certain prcedents wherefrom the basic concept of a juridical person may be derived by inference.

Waqf

The first precedent is that of a Waqf. The Waqf is a legal and religious institution wherein a person dedicates some of his properties for a religious or a charitable purpose. The properties, after being declared as Waqf, no longer remain in the ownership of the donor. The beneficiaries of a Waqf can benefit from the corpus or the proceeds of the dedicated property, but they are not its owners. Its ownership vests in Allah Almighty alone.
It seems that the Muslim jurists have treated the Waqf as a separate legal entity and have ascribed to it some characteristics similar to those of a natural person. This will be clear from two rulings given by the fuqaha’ (Muslim jurists) in respect of Waqf.

Firstly, if a property is purchased with the income of a Waqf, the purchased property cannot become a part of the Waqf automatically. Rather, the jurists say, the property so purchased shall be treated as a property owned by the Waqf. It clearly means that a Waqf, like a natural person, can own a property .

Secondly, the jurists have clearly mentioned that the money given to a mosque as donation does not form part of the Waqf, but it passes to the ownership of the mosque.
Here again the mosque is accepted to be an owner of money. This principle has been expressly mentioned by some jurists of the Maliki school also. They have stated that a mosque is capable of being the owner of something. This capability of the mosque, according to them, is constructive, while the capability enjoyed by a human being is physical.

Another renowned Maliki jurist, namely, Ahmad Al-Dardir, validates a bequest made in favour of a mosque, and gives the reason that a mosque can own properties. Not only this, he extends the principle to an inn and a bridge also, provided that they are Waqf.
It is clear from these examples that the Muslim jurists have accepted that a Waqf can own properties. Obviously, a Waqf is not a human being, yet they have treated it as a human being in the matter of ownership. Once its ownership it established, it will logically follow that it can sell and purchase, may become a debtor and a creditor and can sue and be sued, and thus all the characteristics of a 'juridical person' can be attributed to it.

Baitul-Mal

Another example of 'juridical person' found in our classic literature of Fiqh is that of the Baitul-mal (the exchequer of an Islamic state). Being public property, all the citizens of an Islamic state have some beneficial right over the Baitul-mal, yet, nobody can claim to be its owner. Still, the Baitul-mal has some rights and obligations. Imam Al-Sarakhsi, the well-known Hanafi jurist, says in his work "Al-Mabsut":
"The Baitul-mal has some rights and obligations which may possibly be undetermined."

At another place the same author says: "If the head of an Islamic state needs money to give salaries to his army, but he finds no money in the Kharaj department of the Baitul-mal (wherefrom the salaries are generally given) he can give salaries from the sadaqah (Zakah) department, but the amount so taken from the sadaqah department shall be deemed to be a debt on the Kharaj department".

It follows from this that not only the Baitul-mal, but also the different departments therein can borrow and advance loans to each other. The liability of these loans does not lie on the head of state, but on the concerned department of Baitul-mal. It means that each department of Baitul-mal is a separate entity and in that capacity it can advance and borrow money, may be treated a debtor or a creditor, and thus can sue and be sued in the same manner as a juridical person does. It means that the Fuqaha of Islam have accepted the concept of juridical person in respect of Baitul-mal.

Joint Stock

Another example very much close to the concept of 'juridical person' in a joint stock company is found in the Fiqh of Imam Shafi‘i. According to a settled principle of Shafi‘i School, if more than one person run their business in partner-ship, where their assets are mixed with each other, the Zakah will be levied on each of them individually, but it will be payable on their joint-stock as a whole, so much so that even if one of them does not own the amount of the nisab, but the combined value of the total assets exceeds the prescribed limit of the nisab, zakah will be payable on the whole joint-stock including the share of the former, and thus the person whose share is less than the nisab shall also contribute to the levy in proportion to his ownership in the total assets, whereas he was not subject to the levy of zakah, had it been levied on each person in his individual capacity.
The same principle, which is called the principle of 'Khultah-al-Shuyu‘' is more forcefully applied to the levy of Zakah on the livestock. Consequently, a person sometimes has to pay more Zakah than he was liable to in his individual capacity, and sometimes he has to pay less than that.
That is why the Holy Prophet(S.A.W.S) has said:

'The separate assets should not be joined together nor the joint assets should be separated in order to reduce the amount of Zakah levied on them."

This principle of 'Khultah-al-Shuyu‘' which is also accepted to some extent by the Maliki and Hanbali schools with some variance in details, has a basic concept of a juridical person underlying it. It is not the individual, according to this principle, who is liable to Zakah. It is the 'joint-stock' which has been made subject to the levy. It means that the 'joint-stock' has been treated a separate entity, and the obligation of 'zakah has been diverted towards this entity which is very close to the concept of a 'juridical person', though it is not exactly the same.

Inheritance under debt

The fourth example is the property left by a deceased person whose liabilities exceed the value of all the property left by him. For the purpose of brevity we can refer to it as 'inheritance under debt'.

According to the jurists, this property is neither owned by the deceased, because he is no more alive, nor is it owned by his heirs, for the debts on the deceased have a preferential right over the property as compared to the rights of the heirs. It is not even owned by the creditors, because the settlement has not yet taken place. They have their claims over it, but it is not their property unless it is actually divided between them. Being property of nobody, it has its own existence and it can be termed a legal entity. The heirs of the deceased or his nominated executor will look after the property as managers, but they are not the owners. If the process of the settlement of debt requires some expenses, the same will be met by the property itself.

Looked at from this angle, this 'inheritance under debt' has its own entity which may sell and purchase, becomes debtor and creditor, and has the characteristics very much similar to those of a 'juridical person.' Not only this, the liability of this 'juridical person' is certainly limited to its existing assets. If the assets do not suffice to settle all the debts, there is no remedy left with its creditors to sue anybody, including the heirs of the deceased, for the rest of their claims.

These are some instances where the Muslim jurists have affirmed a legal entity, similar to that of a juridical person. These examples would show that the concept of 'juridical person' is not totally foreign to the Islamic jurisprudence, and if the juridical entity of a joint-stock company is accepted on the basis of these precedents, no serious objection is likely to be raised against it.

As mentioned earlier, the question of limited liability of a company is closely related to the concept of a 'juridical person'. If a 'juridical person' can be treated a natural person in its rights and obligations, then, every person is liable only to the limit of the assets he owns, and in case he dies insolvent no other person can bear the burden of his remaining liabilities, however closely related to him he may be. On this analogy the limited liability of a joint-stock company may be justified.

The Limited Liability of the master of a slave Here I would like to cite another example with advantage, which is the closest example to the limited liability of a joint-stock company. The example relates to a period of our past history when slavery was in vogue, and the slaves were treated as the property of their masters and were freely traded in. Although the institution of slavery with reference to our age is something past and closed, yet the legal principles laid down by our jurists while dealing with various questions pertaining to the trade of slaves are still beneficial to a student of Islamic jurisprudence, and we can avail of those principles while seeking solutions to our modern problems and in this respect, it is believed that this example is the most relevant to the question at issue. The slaves in those days were of two kinds. The first kind was of those who were not permitted by their masters to enter into any commercial transaction. A slave of this kind was called 'Qinn'. But there was another kind of slaves who were allowed by their masters to trade. A slave of this kind was called "Al-a'bdal mazuun". The initial capital for the purpose of trade was given to such a slave by his master, but he was free to enter into all the commercial transactions. The capital invested by him totally belonged to his master. The income would also vest in him, and whatever the slave earned would go to the master as his exclusive property. If in the course of trade, the slave incurred debts, the same would be set off by the cash and the stock present in the hands of the slave. But if the amount of such cash and stock would not be sufficient to set off the debts, the creditors had a right to sell the slave and settle their claims out of his price. However, if their claims would not be satisfied even after selling the slave, and the slave would die in that state of indebtedness, the creditors could not approach his master for the rest of their claims.

Here, the master was actually the owner of the whole business, the slave being merely an intermediary tool to carry out the business transactions. The slave owned nothing from the business. Still, the liability of the master was limited to the capital he invested including the value of the slave. After the death of the slave, the creditors could not have a claim over the personal assets of the master.

This is the nearest example found in the Islamic Fiqh which is very much similar to the limited liability of the share holders of a company, which can be justified on the same analogy. On the basis of these five precedents, it seems that the concepts of a juridical person and that of limited liability do not contravene any injunction of Islam. But at the same time, it should be emphasized, that the concept of 'limited liability' should not be allowed to work for cheating people and escaping the natural liabilities consequent to a profitable trade. So, the concept could be restricted, to the public companies only who issue their shares to the general public and the number of whose shareholders is so large that each one of them cannot be held responsible for the day-to-day affairs of the business and for the debts exceeding the assets.

As for the private companies or the partnerships, the concept of limited liability should not be applied to them, because, practically, each one of their shareholders and partners can easily acquire a knowledge of the day-to-day affairs of the business and should be held responsible for all its liabilities. There may be an exception for the sleeping partners or the shareholders of a private company who do not take part in the business practically and their liability may be limited as per agreement between the partners. If the sleeping partners have a limited liability under this agreement, it means, in terms of Islamic jurisprudence, that they have not allowed the working partners to incur debts exceeding the value of the assets of the business. In this case, if the debts of the business increase from the specified limit, it will be the sole responsibility of the working partners who have exceeded the limit.

The upshot of the foregoing discussion is that the concept of limited liability can be justified, from the Shari‘ah viewpoint, in the public joint-stock companies and those corporate bodies only who issue their shares to general public. The concept may also be applied to the sleeping partners of a firm and to the shareholders of a private company who take no active part in the business management. But the liability of the active partners in a partnership and active shareholders of a private company should always be unlimited.
At the end, we should again recall what has been pointed out at the outset. The issue of limited liability, being a modern issue which requires a collective effort to find out its solution in the light of Shari‘ah, the above discussion should not be deemed to be a final verdict on the subject. This is only the outcome of an initial thinking which always remains subject to further study and research.

The Performance of the Islamic Banks - A realistic evaluation

Islamic banking has become today an undeniable reality. The number of Islamic banks and the financial institutions is ever increasing. New Islamic Banks with huge amount of capital are being established. Conventional banks are opening Islamic windows or Islamic subsidiaries for the operations of Islamic banking. Even the non-Muslim financial institutions are entering the field and trying to compete each other to attract as many Muslim customers as they can. It seems that the size of Islamic banking will be at least multiplied during the next decade and the operation of Islamic banks are expected to cover a large area of financial transactions of the world. But before the Islamic financial institutions expand their business they should evaluate their performance during the last two decades because every new system has to learn from the experience of the past, to revise its activities and to analyze its deficiencies in a realistic manner. Unless we analyze our merits and demerits we cannot expect to advance towards our total success. It is in this perspective that we should seek to analyze the operation of Islamic banks and financial institutions in the light of Shariah and to highlight what they have achieved and what they have missed.

Once during a press conference in Malaysia, this author was asked the question about the contribution of the Islamic Banks in promoting the Islamic economy. My reply to the question was apparently contradictory, I said it he has contributed a lot and they have contributed nothing. In the present chapter an attempt has been made to elaborate upon this reply. When it was said that they have contributed a lot, what was meant is that it was a remarkable achievement of the Islamic banks that they have made a great break-through in the present banking system by establishing Islamic financial institutions meant to follow Shariah. It was a cherished dream of the Muslim Ummah to have an interest-free economy, but the concept of Islamic banking was merely a theory discussed in research papers, having no practical example. It was the Islamic banks and financial institutions which translated the theory into practice and presented a living and practical example for the theoretical concept in an environment where it was claimed that no financial institution can work without interest. It was indeed a courageous step on the part of the Islamic banks to come forward with a firm resolution that all their transactions will conform to Shariah and all their activities will be free from all transactions involving interest.

Another major contribution of the Islamic banks is that, being under supervision of their respective Shariah Boards they presented a wide spectrum of questions relating to modern business, to the Shariah scholars, thus providing them with an opportunity not only to understand the contemporary practice of business and trade but also to evaluate it in the light of Shariah and to find out other alternatives which may be acceptable according to the Islamic principles.

It must be understood that when we claim that Islam has a satisfactory solution for every problem emerging in any situation in all times to come, we do not mean that the Holy Quran or the Sunnah of the Holy Prophet (S.A.W.S) or the rulings of the Islamic scholars provide a specific answer to each and every minute detail of our socio-economic life. What we mean is that the Holy Quran and the Holy Sunnah of the Prophet have laid down broad principles in the light of which the scholars of every time have deduced specific answers to the new situation arising in their age. Therefore, in order to reach a definite answer about a new situation the scholars of Shariah have to play a very important role. They have to analyze every new question in the light of the principles laid down by the Holy Quran and Sunnah as well as in the light of the standards set by the earlier jurists, enumerated in the books of Islamic jurisprudence. This exercise is called Istinbat or Ijtihad. It is this exercise which has enriched the Islamic jurisprudence with a wealth of knowledge and wisdom for which no parallel is found in any other religion. In a society where the Shariah is implemented in its full sway the ongoing process of Istinbat keeps injecting new ideas, concepts and rulings into the heritage of Islamic jurisprudence which makes it easier to find out specific answer to almost every situation in the books of Islamic jurisprudence. But during the past few centuries the political decline of the Muslims stopped this process to a considerable extent. Most of the Islamic countries were captured by non-muslim rulers who by enforcing with power the secular system of government, deprived the socio-economic life from the guidance provided by the Shariah, and the Islamic teachings were restricted to a limited sphere of worship, religious education and in some countries to the matter of marriage, divorce and inheritance only. So far as the political and economic activities are concerned the governance of Shariah was totally rejected.

Since the evolution of any legal system depends on its practical application, the evolution of Islamic law with regard to business and trade was hindered by this situation. Almost all the transactions in the market being based on secular concepts were seldom brought to the Shariah scholars for their scrutiny in the light of Shariah. It is true that even in these days some practicing Muslims brought some practical questions before the Shariah scholars for which the scholars have been giving their rulings in the forms of Fatawas of which a substantial collection is still available. However, all these Fatawas related mostly to the individual problems of the relevant persons and addressed their individual needs.
It is a major contribution of the Islamic banks that, because of their entry into the field of large scale business, the wheel of evolution of Islamic legal system has re-started. Most of the Islamic banks are working under the supervision of their Shariah Boards. They bring their day to day problems before the Shariah scholars who examine them in the light of Islamic rules and principles and give specific rulings about them. This procedure not only makes Shariah scholars more familiar with the new market situation but also through their exercise of Istinbat contributes to the evolution of Islamic jurisprudence. Thus, if a practice is held to be un-islamic by the Shariah scholars a suitable alternative is also sought by the joint efforts of the Shariah scholars and the management of the Islamic banks. The resolutions of the Shariah Boards have by now produced dozens of volumes - a contribution which can never be under-rated.

Another major contribution of the Islamic banks is that they have now asserted themselves in the international market, and Islamic banking as distinguished from conventional banking is being gradually recognized throughout the world. This is how I explain my comment that they have contributed a lot. On the other hand there are a number of deficiencies in the working of the present Islamic banks which should be analyzed with all seriousness.
First of all, the concept of Islamic banking was based on an economic philosophy underlying the rules and principles of Shariah. In the context of interest-free banking this philosophy aimed at establishing distributive justice free from all sorts of exploitation. As I have explained in a number of articles, the instrument of interest has a constant tendency in favor of the rich and against the interests of the common people. The rich industrialists by borrowing huge amounts from the bank utilize the money of the depositors in their huge profitable projects. After they earn profits, they do not let the depositors share these profits except to the extent of a meager rate of interest and this is also taken by them by adding it to the cost of their products. Therefore, looked at from macro level, they pay nothing to the depositors. While in the extreme cases of losses which lead to their bankruptcy and the consequent bankruptcy of the bank itself, the whole loss is suffered by the depositors. This is how interest creates inequity and imbalance in the distribution of wealth.

Contrary to this is the case of Islamic financing. The ideal instrument of financing according to Shariah is Musharakah where the profits and losses both are shared by both the parties according to equitable proportion. Musharakah provides better opportunities for the depositors to share actual profits earned by the business which in normal cases may be much higher than the rate of interest. Since the profits cannot be determined unless the relevant commodities are completely sold, the profits paid to the depositors cannot be added to the cost of production, therefore, unlike the interest-based system the amount paid to the depositors cannot be claimed back through increase in the prices.
This philosophy cannot be translated into reality unless the use of the Musharakah is expanded by the Islamic banks. It is true that there are practical problems in using the Musharakah as a mode of financing especially in the present atmosphere where the Islamic banks are working in isolation and, mostly without the support of their respective governments. The fact, however, remains that the Islamic banks should have gressed towards Musharakah in gradual phases and should have increased the size of Musharakah financing. Unfortunately, the Islamic banks have overlooked this basic requirement of Islamic banking and there are no visible efforts to progress towards this transaction even in a gradual manner even on a selective basis. This situation has resulted in a number of adverse factors :

Firstly, the basic philosophy of Islamic banking seems to be totally neglected.

Secondly, by ignoring the instrument of Musharakah the Islamic banks are forced to use the instrument of Murabahah and Ijarah and these too, within the framework of the conventional benchmarks like Libber etc. where the net result is not materially different from the interest based transactions. I do not subscribe to the view of those people who do not find any difference between the transactions of conventional banks and Murabahah and Ijarah and who blame the instruments of Murabahah and Ijarah for prepetuating the same business with a different name, because if Murabahah and Ijarah are implemented with their necessary conditions, they have many points of difference which distinguish them from interest-based transactions. However, one cannot deny that these two transactions are not originally modes of financing in Shariah. The Shariah scholars have allowed their use for financing purposes only in those spheres where Musharakah cannot work and that too with certain conditions. This allowance should not be taken as a permanent rule for all sorts of transactions and the entire operations of Islamic Banks should not revolve around it.

Thirdly, when people realize that income from in the transactions undertaken by Islamic banks is dubious akin to the transactions of conventional banks, they become skeptical towards the functioning of Islamic banks.

Fourthly, if all the transactions of Islamic banks are based on the above devices it becomes very difficult to argue for the case of Islamic banking before the masses especially, before the non-muslims who feel that it is nothing but a matter of twisting of documents only.
It is observed in a number of Islamic banks that even Murabahah and Ijarah are not effected according to the procedure required by the Shariah. The basic concept of Murabahah was that the bank should purchase the commodity and then sell it to the customer on deferred payment basis at a margin of profit. From the Shariah point of view it is necessary that the commodity should come into the ownership and at least in the constructive possession of the bank before it is sold to the customer. The bank should bear the risk of the commodity during the period it is owned and possessed by the bank. It is observed that many Islamic banks and financial institutions commit a number of mistakes with regard to this transaction:

Some financial institutions have presumed that Murabahah is the substitute for interest, for all practical purposes. Therefore, they contract a Murabahah even when the client wants funds for his overhead expenses like paying salaries or bills for the goods and services already consumed. Obviously Murabahah cannot be effected in this case because no commodity is being purchased by the bank.

In some cases the client purchases the commodity on his own prior to any agreement with the Islamic Bank and a Murabahah is effected on a buy-back basis. This is again contrary to the Islamic principles because the buy-back arrangement is unanimously held as prohibited in Shariah.

In some cases the client himself is made an agent for the bank to purchase a commodity and to sell it to himself immediately after acquiring the commodity. This is not in accordance with the basic conditions of the permissibility of Murabahah. If the client himself is made an agent to purchase the commodity, his capacity as an agent must be distinguished from his capacity as a buyer which means that after purchasing commodity on behalf of the bank he must inform the bank that he has effected the purchase on its behalf and then the commodity should be sold to him by the bank through a proper offer and acceptance which may be effected through the exchange of telexes or faxes.

As explained earlier Murabahah is a kind of sale and it is an established principle of Shariah that the price must be determined at the time of sale. This price can neither be increased nor reduced unilaterally once it is fixed by the parties. It is observed that some financial institutions increase the price of Murabahah in the case of late payment which is not allowed in Shariah. Some financial institutions roll-over the Murabahah in the case of default by the client. Obviously, this practice is not warranted by Shariah because once the commodity is sold to the customer it cannot be the subject matter of another sale to the same customer.

In transactions of Ijarah also some requirements of Shariah are often overlooked. It is a prerequisite for a valid Ijarah that the lessor bears the risks related to the ownership of the leased asset and that the usufruct of the leased asset must be made available to the lessee for which he pays rent. It is observed in a number of Ijarah agreements that these rules are violated. Even in the case of destruction of the asset due to force majeure, the lessee is required to keep paying the rent which means that the lessor neither assumes the liability for his ownership nor offers any usufruct to the lessee. This type of Ijarah is against the basic principles of Shariah.

The Islamic banking is based on principles different from those followed in conventional banking system. It is therefore logical that the results of their operations are not necessarily the same in terms of profitability. An Islamic bank may earn more in some cases and may earn less in some others. If our target is always to match the conventional banks in terms of profits, we can hardly develop our own products based on pure Islamic principles. Unless the sponsors of the bank as well as its management and its clientele realize this fact and are ready to accept different - but not necessarily adverse - results, the Islamic banks will keep using artificial devices and a true Islamic system will not come into being.

According to the Islamic principles, business transactions can never be separated from the moral objectives of the society. Therefore, Islamic banks were supposed to adopt new financing policies and to explore new channels of investments which may encourage development and support the small scale traders to lift up their economic level. A very few Islamic banks and financial institutions have paid attention to this aspect. Unlike the conventional financial institutions who strive for nothing but making enormous profits, the Islamic banks should have taken the fulfillment of the needs of the society as one of their major objectives and should have given preference to the products which may help the common people to raise their standard of living. They should have invented new schemes for house-financing, vehicle-financing and rehabilitation-financing for the small traders. This area still awaits attention of the Islamic banks.

The case of Islamic banking cannot be advanced unless a strong system of inter-bank transactions based on Islamic principles is developed. The lack of such a system forces the Islamic banks to turn to the conventional banks for their short term needs of liquidity which the conventional banks do not provide without either an open or camouflaged interest. The creation of an inter-bank relationship based on Islamic principles should no longer be deemed difficult. The number of Islamic financial institutions today has reached around two hundred. They can create a fund with a mixture of Murabahah and Ijarah instruments the units of which can be used even for overnight transactions. If they develop such a fund it may solve a number of problems.

Lastly, the Islamic banks should develop their own culture. Obviously, Islam is not restricted to the banking transactions. It is a set of rules and principles governing the whole human life. Therefore, for being 'Islamic' it is not sufficient to design the transactions on Islamic principles. It is also necessary that the outlook of the institution and its staff reflects the Islamic identity quite distinguished from the conventional institution. This requires a major change in the general attitude of the institution and its management. Islamic obligations of worship as well as the ethical norms must be prominent in the whole atmosphere of an institution which claims to be Islamic. This is an area in which some Islamic institutions in the Middle East have made progress. However, it should be a distinguishing feature of all the Islamic banks and financial institutions throughout the world. The guidance of Shariah Boards should be sought in this area also.

The purpose of this discussion, as clarified at the outset, is by no means to discourage the Islamic Banks or to find faults with them. The only purpose is to persuade them to evaluate their own performance from the Shariah point of view and to adopt a realistic approach while designing their procedure and determining their policies.

Source: http://attalib.blogspot.com/2008/05/principle-of-limited-liability-in.html