Taliban denied responsibility for the killing of an afghan woman

[RevolutionThroughReason]

strawman does not work with me.
The law we are talking about does not contradict Islam, I have stated this numerous times and we have already had a debate about this before where you lost as usual. Your getting desperate to try to mute the international law remark that I have been using. You cant because international scholars are all in agreement about this.

It does actually

Here's a fatwa about it.

Obeying the law of the land... what about the West?
Answered by Shaykh Muhammad ibn Adam al-Kawthari


Question:
Many Muslim youth in the West do not believe it is important to avoid breaking the law in countries that are not the Khilafah. Is there any evidence that Muslims must "obey the laws of the land" they live in - be that us living the West or those in Muslim countries (in the absence of Khilafah)?
Answer:

In the name of Allah, Most Compassionate, Most Merciful,

Muslims are generally obliged to abide by the laws of the land and the country they live in, whether it is a Muslim state (al-khilafa), Muslim countries, or non-Muslim countries such as those in the west, as long as they are not ordered to practice something that is against Shariah. If they are forced by the law to commit a sin, then in such a case, it will not just be unnecessary to abide by the law, rather impermissible.

Some Muslims are under the impression that it is permissible to violate the laws of countries that are not a Muslim state (al-Khilafa), which is totally incorrect. Muslims must adhere to the laws of any country they live in, whether in the west or the east, as long as the law is not in contradiction with one�s religion.

Sayyiduna Abd Allah ibn Umar (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: �It is necessary upon a Muslim to listen to and obey the ruler, as long as one is not ordered to carry out a sin. If he is commanded to commit a sin, then there is no adherence and obedience.� (Sahih al-Bukhari, no. 2796 & Sunan Tirmizi).

The above Hadith is general, in that it does not distinguish between Muslim and non-Muslim lands, although the understanding of the scholars is that it generally applies to Muslim lands.

Furthermore, many scholars have divided non-Muslim lands (dar al-Harb/kufr) into two categories, Dar al-Khawf & Dar al-Aman. The former (dar al-khawf) refers to a land where Muslims are under a constant threat and fear with regards to their religion, life and wealth, whilst the latter (dar al-Aman) refers to a land where Muslims are relatively secure and safe. In Dar al-Aman (such as many non-Muslim countries), many of the injunctions and rulings are very similar to Muslim lands (dar al-Islam), thus the command of following the laws of the land would also apply in these non-Muslim lands. (See: Radd al-Muhtar).

Those who are of the view that it is not necessary to obey the laws of the land unless it is ruled by a proper Islamic governance system, usually say that these laws are non-Islamic and man made, and one is only obliged to abide by the laws of Allah!

In reality, this is a very immature understanding of Islam, for even an Islamic Khilafa government would implement laws that are the creation of their own minds and Ijtihad. If an Islamic government sees the need to implement a certain law, then it has the full jurisdiction to do so, even if it is not found in the Qur�an and Sunnah. All the scholars unanimously agree that, if a Islamic government decides to implement a law for the benefit of the country and its citizens, then there is nothing wrong in doing so, as long as it does not contradict Shariah, and this law will be binding upon every citizen of that country, even if it was not made obligatory by Shariah initially. Therefore, the laws which an Islamic Khilafa government will set down will also be �man made laws�, and binding upon all the citizens.

Then the case here is not between �Allah�s laws� and �man made laws�, rather one must understand and deal with the issue more rationally and deeply.

When one lives in a particular country, one agrees verbally, in writing or effectively to adhere to the rules and regulations of that country. This, according to the Shariah, is considered to be a promise, agreement and trust. One is obliged to fulfil the trust regardless of whether it is contracted with a friend, enemy, Muslim, non-Muslim or a government. The Messenger of Allah (Allah bless him & give him peace) and his Companions (Allah be pleased with them all) always stood by their word and did not breach any trust or agreement, as it is clear from the books of Sunnah and history. Thus, to break a promise or breach a trust of even a non-Muslim is absolutely unlawful and considered a sign of being a hypocrite (munafiq).

Allah Most High states:

�And fulfil (every) engagement (ahd), for (every) engagement will be enquired into (on the day of reckoning).� (Surah al-Isra, v. 34)

Similarly, Allah Most High states:

Allah does command you to render back your trusts to those to whom they are due, and when you judge between people that you judge with justice.� (Surah al-Nisa, v. 58)

And regarding the one who breaks an agreement and is guilty of treachery, Allah Almighty says:

�Allah loves not the treacherous.� (Surah al-Anfal, v. 58)

Sayyiduna Abu Huraira (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: �The signs of a hypocrite are three: When he speaks he lies, when he makes a promise he breaks it, and when he is given a trust he breaches it.� (Sahih al-Bukhari, no. 33)

Sayyiduna Abd Allah ibn Amr (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: �Four traits, if found in an individual, then he will be a complete hypocrite (munafiq), and if an individual possesses one of these four, he will have one portion of nifaq: When he is given a trust he breaches it, when he speaks he lies, when he makes an agreement (ahd) he is guilty of treachery and disloyalty (gadar), and when he disputes he is fouled mouth.� (Sahih al-Bukhari, no. 34).

The Messenger of Allah (Allah bless him & give him peace) clearly gave guidance as how to one�s behaviour should be towards a person with whom one has an agreement or a covenant.

Safwan ibn Sulaim narrates from a number of Companions of the Messenger of Allah (Allah be pleased with them all) on the authority of their fathers who were relatives of each other, that the Messenger of Allah (Allah bless him & give him peace) said: �Beware, if anyone oppresses (or wrongs) the one with whom one has a agreement (mu�ahid), or diminishes his right, or forces him to work beyond his capacity, or takes from him anything without his consent, I shall plead for him on the Day of Judgment.� (Sunan Abu Dawud, no. 3047)

The above Hadith is quite clear, in that a Muslim is obliged to fulfil the covenant or agreement of even a non-Muslim. If such an agreement (ahd) takes place, then one will be considered to have safeguarded his life, wealth and property. It will be unlawful (haram), as mentioned quite clearly in the Hadith, to take any wealth of the one with whom there is an agreement without his consent. This categorically rules out the notion of some who consider taking of government wealth even by unlawful means to be permissible.

The practice of the Messenger of Allah (Allah bless him & give him peace) and his Companions (Allah be pleased with them all) also clearly illustrates the importance of fulfilling a covenant, and the unlawfulness of treachery.

During the battle of Khaybar which took place between the Muslims and Jews, the Messenger of Allah (Allah bless him & give him peace) and his Companions (Allah be pleased with them all) besieged the fort of Khaybar wherein the Jews were residing. A poor Shepard who was working for his Jewish master had already heard about the Messenger of Allah (Allah bless him & give him peace), and upon seeing the Muslim army, thought that it was a good opportunity to inquire about Islam. He came out of the fort with the goats and sheep he was looking after and asked about the whereabouts of the Messenger of Allah (Allah bless him & give him peace). Upon being directed towards the Messenger of Allah (Allah bless him & give him peace), he inquired about the basic teachings of Islam, and then said: �What will my status be if I accept Islam?� The Messenger of Allah (Allah bless him & give him peace) replied: �I will embrace you, you will become my brother and enjoy the same rights as other Muslims�. He said: �I am very poor and in a bad state. I am totally black and have bad odour coming from my body and cloths. How will you embrace me if I am in such a condition?� The Messenger of Allah (Allah bless him & give him peace) replied: �I shall embrace you, for all of Allah�s servants are equal in His sight�. He said: �If I embrace Islam, what will my fate be?� The Messenger of Allah (Allah bless him & give him peace) said: �I bear witness that if you accept Islam, Allah will change the darkness of your body to light, and the bad odour to good fragrance. These words of the Messenger of Allah (Allah bless him & give him peace) had their effect on his heart, thus he embraced Islam.

After entering into the fold of Islam, he asked the Messenger of Allah (Allah bless him & give him peace) what he was obliged to do? The Messenger of Allah (Allah bless him & give him peace) said that they were at the moment in the midst of war, thus the obligation at this moment and time was to participate in Jihad. However, the Messenger of Allah (Allah bless him & give him peace) said to him: �The first and foremost thing you need to do is to return these animals to its Jewish owner and then engage in Jihad.

As mentioned earlier, these animals belonged to a Jew who was in the opposing army, but the Messenger of Allah (Allah bless him & give him peace) ordered him to go back and return them. The reason being, that he had taken these goats and sheep on a trust, and it is necessary by Shariah to return the belongings taken on trust back to its owner.

Thereafter, he participated in the holy battle (jihad) and was amongst the martyrs. The Messenger of Allah (Allah bless him & give him peace) recognised his body, thus addressed his Companions that I see with my own eyes that he has been given a bath in sacred water of paradise, and Allah has changed his darkness to shining white and his bad foul smell to refreshing fragrance.

The above is an amazing example of fulfilling a trust of even an enemy. The Messenger of Allah (Allah bless him & give him peace) was in the midst of war with the Jews of Khaybar, yet he ordered the herdsman to go back and return the animals.

It is true that, a Muslim army is allowed to seize the wealth and belongings of the opposing army during the state of war, but because the Shepard had taken these animals under a contract before the war, he was ordered to fulfil the contract, thus return them to its rightful owner sound and safe.

Those who claim that one may rob and loot the wealth of the western governments in any way possible, should ponder over the abovementioned incident with due diligence. If the Messenger of Allah (Allah bless him & give him peace) orders the belongings of a Jew (who is in the opposing army) to be returned to him, then how can one substantiate the permissibility of taking the wealth of the government unlawfully!

In conclusion, it is necessary by Shariah to abide by the laws of the country one lives in, regardless of the nature of the law, as long as it does not contradict Shariah. However, if the law demands something that is against Islam & Shariah, then it will be necessary to abstain from adhering to it, for the famous Hadith states:

�There is no obedience of the creation wherein there is disobedience to the Creator.� (Musnad Ahmad).

And Allah knows best

Muhammad ibn Adam al-Kawthari

Darul Iftaa, Leicester, UK

www.daruliftaa.org

[khushal]

It does actually

Here's a fatwa about it.

Why dont you explain to us what a "kuffar" law is.

[RevolutionThroughReason]

Why dont you explain to us what a "kuffar" law is.

Something not ratified under Shari'ah duh

[IamDZJ]

Okay so NATO is not doing anything because they have their own interests and blah blah blah, back to what I asked. What is preventing the Taliban from stopping these crimes?? They don't have full power over these regions but they have some. What have they done for afghans all these years apart for causing them misery and killing people left and right. And these people are our own fellow Muslims and afghans. Thu should be concerned about us whole lot more than others. They should use any opportunity they can to prove themselves. So why aren't they???
All that we have seen of them is fight and kill for power.

[khushal]

Okay so NATO is not doing anything because they have their own interests and blah blah blah, back to what I asked. What is preventing the Taliban from stopping these crimes?? They don't have full power over these regions but they have some. What have they done for afghans all these years apart for causing them misery and killing people left and right. And these people are our own fellow Muslims and afghans. Thu should be concerned about us whole lot more than others. They should use any opportunity they can to prove themselves. So why aren't they???
All that we have seen of them is fight and kill for power.

how can you stop crime if your not in charge. Its like me asking you why don't you who is in Canada do something to stop this from occurring.

http://www.cbc.ca/news/canada/british-columbia/story/2009/10/08/bc-allan-schoenborn-merritt-murders.html

or this:

http://abcnews.go.com/US/video/man-arrested-babys-rape-murder-juan-galindo-albuquerque-new-mexico-child-us-15266461

It would be unreasonable to ask you, I would have to ask the authorities(the ones in charge) why they are not taking steps to stop it from occurring.

[khushal]

Something not ratified under Shari'ah duh

now prove to us how this particular law in question contradicts sharah.

[IamDZJ]

how can you stop crime if your not in charge. Its like me asking you why don't you who is in Canada do something to stop this from occurring.
http://www.cbc.ca/news/canada/britis...t-murders.html

or this:
http://abcnews.go.com/US/video/man-a...ld-us-15266461

It would be unreasonable to ask you, I would have to ask the authorities(the ones in charge) why they are not taking steps to stop it from occurring.

you wouldn't ask me not just because i am not in charge but also because i don't go around flogging people for not dressing up the way i want them to, not imposing my beliefs and opinions on them, not deciding which form of God they should believe in, not shutting down schools and not causing for people to live in fear. and don't tell me that they don't do all that because i have lived amongst them and i am very well aware of what they are like. if regardless of all that, they can't even give 5% of goodness back to the society then they are worthless.
they have managed to destroy the country with whatever amount of authority and power that they have had so it's pretty obvious as to what they would do if they were allowed to take complete charge.
i have said everything that i have to say and don't wish to continue repeating myself while you dance in circles. have fun doing that on your own.

[Afghanistan2010]

Okay so NATO is not doing anything because they have their own interests and blah blah blah, back to what I asked. What is preventing the Taliban from stopping these crimes?? They don't have full power over these regions but they have some. What have they done for afghans all these years apart for causing them misery and killing people left and right. And these people are our own fellow Muslims and afghans. Thu should be concerned about us whole lot more than others. They should use any opportunity they can to prove themselves. So why aren't they???
All that we have seen of them is fight and kill for power.

Here is the investigation department of the islamic emirate at work.

But the Taliban said in a statement on their website Thursday that they had investigated the incident and found the woman was "killed by the decision of the local residents".

"The involvement of the... mujahideen as alleged by some officials of the Kabul government is absolutely untrue and baseless," the statement said.

How do we get information on any prevention of a crime by Taliban,do we get it from CNN,FOX News or what ?

Have you ever heared about the Shinwari connection and its tribal foes in Nangrahar ?

Have you ever heared about the peace process in Paktya between the tribes.

Have you heared about the peace development in Kunar province ?

No,you won't hear it because the Media outlets are onesided "mostly" they report what they desire to report.

[khushal]

you wouldn't ask me not just because i am not in charge but also because i don't go around flogging people for not dressing up the way i want them to, not imposing my beliefs and opinions on them, not deciding which form of God they should believe in, not shutting down schools and not causing for people to live in fear. and don't tell me that they don't do all that because i have lived amongst them and i am very well aware of what they are like. if regardless of all that, they can't even give 5% of goodness back to the society then they are worthless.
they have managed to destroy the country with whatever amount of authority and power that they have had so it's pretty obvious as to what they would do if they were allowed to take complete charge.
i have said everything that i have to say and don't wish to continue repeating myself while you dance in circles. have fun doing that on your own.

The people themselves have to fight back. Communism in Russia was not destroyed by American forces, it was destroyed by the russian people themselves. that is the right way and the way that it has lasting permenent impact.
NATO has no right to prevent them from taking power, Thats actually counterproductive. The people themselves only have the right to prevent them from taking power, and so far they are not prevventing them even with all the money in the world. Can you tell me why that is?

[Afghanistan2010]

Exactly,im on the same page as brother Khushal....not DZJ,but the other extermists doesn't understand this.

If only some tribes start a war against taliban there will be no more taliban,but those tribes even in contrary support them,and encourage them to fight on with weapons,money.

[khushal]

Exactly,im on the same page as brother Khushal....not DZJ,but the other extermists doesn't understand this.

If only some tribes start a war against taliban there will be no more taliban,but those tribes even in contrary support them,and encourage them to fight on with weapons,money.

These western afghan while claiming to be educated are very simple minded and have learned nothing from history.
American social mistakes like institutional slavery were not corrected by foreign forces, they were corrected by americans themselves. It was bloody, but it had lasting impact.
NATO is actually prolonging and making it bloodier for the afghan society to correct itself. Let nature take its course.