The Nature And Character of Shaykh ʿAbd Allah b. Foduye

The Nature And Character of Shaykh ʿAbd Allah b. Foduye

By

Professor. A. A. Gwandu

Usmanu Dan Fodiyo University, Sokoto

Introduction

Much has been said and written about Shaykh ʿAbd Allah b. Foduye both by his contemporaries and by later generations. A lot has been written about his scholarship and his military prowess, qualities which no-one can contest because they are as obvious and clear as the daylight.

Similarly there is a general consensus that Shaykh ʿAbd Allah was extremely pious  and God-fearing and had very strong, deep and unwavering faith. However, although this much was known about Shaykh ʿAbd Allah, no in-depth study known to me has been made about the whole nature and character of this icon of light.

I believe that the study of history is very important because, among other things, history tells you about people and events so that you can learn from the interplay of individuals and groups, people and environment, those elements that can help you in your current situation and environment. I believe that in times like ours we need to learn about the character of people like Shaykh ʿAbd Allah and try to emulate them. Our time in particular needs the likes of the character of Shaykh ʿAbd Allah because our present circumstances and environment are in many ways very similar to those under which Shaykh ʿAbd Allah lived. To be specific, our society today witnesses hypocrisy of the highest order, where-in even the most highly placed officials are generally known to be hypocritical in their utterances and actions, just as was the case during the time of Shaykh ʿAbd Allah. We are living witnesses to corruption of the highest order everywhere, including in the building of Churches and Mosques. We see the elites, who constitute a small proportion of the population, cornering most of the resources of the nation. We see venal and corrupt people parading themselves as Ulamii and Shuyukh. We see those who claim to be representatives of the people sucking such people dry. We see Muslims and Christians who would dedicate their lives to studying in various fields of human endeavour but who will not be willing to make a little time to learn even the most basic things regarding their religion. The last time such people would learn about religion may be when they would have taken Senior Secondary School Certificate examination or even before. The Muslims among them forget or may not even know the verse of the Holy Qur’an which explains the whole purpose and meaning of creation.

In our days the Muslims have even succeeded in the total and wholesale adoption of the modern Christian philosophy which confines the jurisdiction of God to matters relating to rituals only, believing that in all other matters – social, political and economic – God should have no say.

Indeed, as far as such modern Muslims are concerned, morality and ethical questions have no intrinsic value: the end justifies the means. If such people would only acknowledge that their brand of Islam was distorted and that they were ignorant of what Islam is all about. there would be some hope. Unfortunately, however, they would regard their own whims and caprices as the true and only correct Islam which they so clearly understand and which no-one else understands. They, therefore, have no apology to God or Man for what they do, nor do they have to beg God for forgiveness or try to learn the true Islam from its sources.

In a situation like the one described above, there is need to learn about the qualities and character of people like Shaykh ʿAbd Allah, and how such qualities helped not only their possessors but others in their communities as well.

Nature and Character of Shaykh ʿAbd Allah.

Shaykh ʿAbd Allah b. Foduye, described by Hiskett as physically “tall, fat and black”[1] is a rare gem in many respects. His most important quality and the one from which all the others sprang was his deep and unshakable faith in Allah and his complete, unalloyed and absolute submission and resignation to the will of Allah. This is his source of strength. Armed with faith and with submission to the will of Allah, Shaykh ʿAbd Allah tried to model the whole of his life on the teaching of Islam. He had the Prophet Muhammad (SAW) as a physical example to emulate and he did everything possible towards that end. It is no wonder, therefore, that the first serious poem he had composed was his takhmis (quintain) on the poem of Shaykh ʿUthman in praise of the Prophet (SAW) [2]. For Shaykh ʿAbd Allah a true Muslim must always be God-conscious and must have Prophet Muhammad as a model to emulate. This quality means that Shaykh ʿAbd Allah would direct his attention to the acquisition of learning, but whatever is learnt must be put into practice. This is the only way the individual, the group and the environment can interact and produce the desired objective of creation.

It follows from the above that Shaykh ʿAbd Allah would be expected to dedicate himself to study and learning – which he actually did until he became recognized throughout West Africa as one of the most learned scholars. Muhammad al-Bukhari described him thus:

… a Shaykh who has no equal in knowledge in these countries. I mean the Imam of his time, ʿAbd Allah’, who led the noble Shaykhs since he was a youth. Master of sciences, their servant and their follower; friend of piety,  learned, generous, perfect; …Wide sea of learning, …Firmly grounded in every branch of knowledge, deeply learned, rightly guided in everything he says. [3]

Shaykh ʿAbd Allah is a great authority in Tafsir, Hadith and Fiqh, having to his credit, two Tafsirs: Diyā’ a!-Ta’wil and Kifāyat Du’afā’ as-Sūdān, a work on Hadith Science: Sirāj Jamiʿ al-Bukhari and a number of works on fiqh.

After the acquisition of knowledge ʿAbd Allah did the next logical thing; he taught and wrote. As an author and a teacher he achieved quite a lot. Even in his youth, he participated in the preaching tours of Shaykh ʿUthman b. Foduye. He continued, throughout his life learning, teaching and writing at the same time. An idea about the number of his students can be gauged from the number of his as-hāb (companions) who, according to Salad b. ʿAbd al-Rahman numbered about 750.(4)It is assumed that all these were advanced students who came to him from different parts of West Africa and sat to learn at his feet.

Although one has no concrete evidence of Shaykh ʿAbd Allah having directly involved in teaching at primary level, yet one would assume quite reasonably, that he must have undertaken that at some stage in accordance with the general practice during his time. This assumption has some support in the fact that he showed a lot of understanding of the atmosphere in a primary school environment as depicted by his views on the handling of small children in the maktabah. Such detailed and precise discussion can only normally come from someone who has experienced the teaching himself.(5) While dealing with the issue of Shaykh ʿAbd Allah as a teacher, one would like to refer to his wonderful methodology of addressing his students according to their level of understanding and their standing in society.  This methodology was employed also in addressing audiences, readers and others. Examples of this can be seen in the way Shaykh ʿAbd Allah writes his books. Those of them meant for the ordinary people are written in a simple language and are all based on the Mālikī School of Law. Even within that School, only the views acceptable to the majority of the Mālikī scholars were adopted. The book Diyā’ ʿUlūm al-Dīn is an example of this sort of writing, so in Taqrib Darūri al-DIn. When writing for scholars and those in authority on the other hand, Shaykh ʿAbd Allah would include a lot of details such as differences of opinion of scholars from within the Maliki School of Law. He also at times brought in opinions from outside that School. An example of this is his Tafsir, Diyā’ al-Ta’wīl meant for advanced students, and his book on constitutional theory and the administration of the state Diyā’ al-Hukkam.

In such books Shaykh ʿAbd Allah would treat issues in some detail, providing various options to a given issue, hoping thereby that those for whom the book was written, who were supposed to be qualified to use it, would consider the various options and use the one most appropriate in their particular situation. Such scholars were learned enough not be confused by the various views and opinions expressed on one issue, unlike the ordinary readers. However, in order to ensure that justice is not miscarried with the resultant negative consequences, Shaykh ʿAbd Allah restricted the judges to the application of only the most well-known rulings (Mash-hur al-Mazhab) which must be drawn from the Mālikī School of Law. With this, uniformity is achieved and the danger of personal, selfish and capricious actions by the judges was curtailed.

Before we leave the subject of teaching, it is pertinent to point out that Shaykh ʿAbd Allah expected parents to bear responsibility for the education of their children. Under no circumstance should a parent dump his child in school in order to get rid of his nuisance and escape responsibility for providing for him or her. No-one should be condemned to begging, a practice ʿAbd Allah seriously criticized. Parents should cater for their children and pay for their children’s education. Teachers should, therefore, have no cause to send the children begging.(6)

Now apart from preaching, teaching and writing, Shaykh ʿAbd Allah as an admirer and emulator of the Prophet (SAW) turned his attention to the other qualities of the Prophet (SAW) among which is courage of conviction and action. Just as the Prophet (SAW) refused pressure from all quarters to give up his mission so did Shaykh ʿUthman and ʿAbd Allah. No amount of gifts from the Gobir kings could influence them.(7) They believed that worldly possessions are worth nothing compared to the reward they anticipated from Allah if they should remain steadfast in pursing their objectives. These objectives are expected to lead to the creation of a just, Allah – oriented society that lives in happiness here on Earth and in the Hereafter. However, this mission can only be fulfilled by following the teaching of Islam as expounded by the Qur’an and the Sunnah of the Prophet (SAW). These qualities of courage and steadfastness can also be seen when the Jama’ah (Community) of Shaykh ʿUthman b. Foduye, led by Shaykh ʿAbd Allah, resolved to offer oath of allegiance to Shaykh ʿUthman as the Amir al-Mu’minīn – a decisive factor which marked a watershed in the struggle of the Jihad leaders to create a conducive environment in which the Muslim Community could live and practice their religion unmolested.8)

Shaykh ʿAbd Allah’s courage is perhaps demonstrated best when he came out openly to disagree with some of the views expressed by his brother Shaykh ʿUthman, despite his high regard for the Shaykh and reverence with which he held him. While making public his disagreement with these views, however, he exhibited other important qualities he possessed. He was polite, courteous and respectable in the language he used and in the manner he expressed his disagreement. In all he did, he was guided by the general principle that people should act according to facts available to them, but should be prepared to accept the other point of view if and when evidence is made available to establish that view. (9)

Let us consider also the instance when Shaykh ʿUthman, basing his ruling on a fatwa given by Muhammad b. ʿAbd al-Karirn al-Maghīlī, ruled that any scholar or student or ordinary Muslim who offered assistance to non-Muslims should be considered as an unbeliever. Shaykh ʿAbd Allah said that Shaykh Uthman’s :

“generalization in anathematizing those who mingle the truth with bāṭil (untruth) is clear if (that charge) is established. This is because the truth (here) means Islam and the bāṭil means unbelief; and clearly anyone who mixes Islam with Kufr (unbelief) is surely an – unbeliever as earlier stated. However, his anathematization of those who assisted the unbelievers in their armies against the Muslim armies is not clear to me because the verse which al-Maghīlī quoted. (in support of his assertion) was revealed in respect of assistance given by the Muslims to unbelievers in furtherance of their unbelief in line with the normal practice of the hypocrites concerning whom the verse was revealed as the Mufassirun (Exegetes) have explained. Thus assisting them in unbelief is unbelief. However, he who assists them in sin cannot be regarded as an unbeliever so long as he does not regard that (sinful action) as permissible and lawful. The sending of armies against Muslims itself definitely does not constitute unbelief, but rather it is a sin, if it is not based on ta’wil (genuine interpretation allowing that). What more of merely assisting in that? And if an action itself does not constitute unbelief, how then can what it leads to constitute unbelief? As for Ibn ʿAbd al-Karim al-MaghīIī, he did not qualify the meaning of the word “nasr” (assistance). It should, therefore, be taken to mean assisting them in committing unbelief not in committing something sinful. This will bring (the ruling) in line with the views of Orthodox Muslims. May God protect him (al-Maghīlī) from making the taking up of arms against Muslims an act of unbelief. Were the Shaykh (Uthman) to delete his words “in their armies against the armies of the Muslims” it would have been better since we know, by necessity, that a Muslim does not become an unbeliever by fighting a fellow Muslim, what more of his just giving assistance (to unbelievers) in their fight against Muslims’?(10) 

I have decided to quote this whole passage in order to show clearly the attitude of Shaykh ʿAbd Allah to issues and individuals.

Here he is, faced by a very difficult situation. His revered brother, relying on a famous and worldly renowned scholar, al- Maghīlī, has given a ruling on an issue. Shaykh ʿAbd Allah, as a scholar, found it impossible to accept the position of these two respectable and learned scholars. He had one of two options to choose from: either to let things pass as they were, due to the high regard he had for the two personalities, or declare his position, reflecting his understanding and knowledge though it contradicts theirs. Shaykh ʿAbd Allah’s courage of conviction, reinforced by his piety, led him to opt for what he believed in. However, his humility and the respect he had for others manifested themselves in the way and manner he managed the differences of opinion. In the case of al Maghīlī, he gave him the benefit of doubt by arguing that his ruling that anyone, no matter who he is, “who gives assistance to anyone of the (unbelievers) becomes an unbeliever by the testimony of God the Vanquisher of all” he must have meant by “assistance” assisting non-Muslims in unbelief, which is in order and in line with the orthodox view.

He considered al-Maghīlī innocent of condemning, as unbelievers, Muslims who assisted non-Muslims in their armies. This is in line with Shaykh ʿAbd Allah’s principle of searching for an excuse to justify the action of every Muslim. In the case of the view of the Shaykh, however, he was unable to find an acceptable interpretation in line with his view, which he claimed was the view of the Orthodox Muslims. The only thing he could do in that case was, therefore, to suggest how, by removing a few words from the Shaykh’s statement, the rest of the passage could stand.

Similarly Shaykh ʿAbd Allah disagreed with the view expressed by al Maghīlī in his fatwa to the Sultan of Songhay, Askia Muhammad b. Abi Bakr where al-Maghīlī ruled that whenever Muslims voluntarily settled among Muhāribūn, (Muslim rebels) and were captured along with the rebels they should be considered as being part of them. Thus they should be killed and their property confiscated and their repentance should not be accepted. Shaykh ʿAbd Allah opined that this is not correct, because the property of Muslim rebels could not be confiscated when they are fought nor could their wives and children be enslaved since they still remained Muslims. However, as usual. he looked for a way out for al Maghīlī, by suggesting that he might have meant by Muhāribūn (rebels) the Mustaghraq al-Dhimmah (those whose property had earlier on been ruled to belong to the Bayt al-Mal (Muslim Treasury). He also suggested that perhaps by Muhāribūn (rebels) al-Maghīlī might have meant unbelievers at war with the Muslims (Harbiyyūn).(11)

So it is with Shaykh ʿAbd Allah. He would on all occasion say his mind and express his views, but at the same time try to find an excuse to explain the point of view of others. Sometimes also he tries to find an interpretation for the statement of others in order to reconcile it with what he regarded as the correct or acceptable view. In doing this, his politeness and respect for others are always manifested, while his courage to say his mind is not sacrificed.

The courage of Shaykh ʿAbd Allah and his bravery also manifest themselves on many occasions during his military campaigns. Take for instance the battle of Alkalawa in which he commanded the Jihad forces. ʿAbd Allah was struck by an arrow during the first of the three assaults the Jihadists made on the fortress. Before they could prepare for the next assault they learnt that the Touareg were raiding their families. Having made straight for home they, along with Shaykh ʿUthman and the whole family and the rest of the Community left for Tsuntsuwa. The Gobir forces and their Touareg allies now made a surprise attack on the Community at Tsuntsuwa and gave them a crashing defeat in which many notable personalities were killed. Now Shaykh ʿAbd Allah, who was not able to rise up on account of the arrow wound which he suffered earlier at the battle of Alkalawa, rose up lame, confronted the fleeing Jihad soldiers and was able, with a lot of difficulty to rally some of them whom he led in pursuit of the enemy. They eventually met the army who were busy killing and taking booty. He formed those who followed him into ranks and fought and defeated the enemy.(12)

Again when Shaykh Uthman decided to move to Sifawa from Gwandu, the need arose for Muslims in the Western fringes of the Caliphate to be assured that the move did not mean that they would be abandoned to the mercy of the unbelievers in that part of the country. Shaykh ʿUthman, therefore, equipped a small army under the command ofShaykh ʿAbd Allah to pacify the area and give confidence to the Muslim community there. Shaykh ʿAbd Allah, a highly dedicated man, accepted the challenge and was able to get only a few people to join him in this campaign because most people decided to move to Sifawa with the Shaykh in order to acquire houses and virgin land for farming. Despite the small number of his troops, Shaykh ʿAbd Allah moved on until he reached River Niger where he joined some Muslim soldiers from Jarma. Here he had an injury from a horse kick and for five days when the army was crossing the river he could not stand up. But the brave and courageous ʿAbd Allah was able to conceal this from his companions until they had reached the country of Jawaru in Qurma from the northern side, beyond the river and conquered the area.(13)

Next to courage and bravery Shaykh ʿAbd Allah was humane, magnanimous and forgiving when occasion demanded that. For instance, when he commanded the army which conquered the fortress of De’be in Gurma country beyond the Niger all the people there were captured, but Shaykh ʿAbd Allah was so magnanimous and forgiving that he set them all free and sent them away to the countries of Islam.(14)

Again when the forces commanded by Shaykh ʿAbd Allah made a surprise crossing of the Niger and sacked the island of Fas after destroying their crops, the enemy who had taken refuge in the various fortresses around all came to him for submission. ʿAbd Allah accepted their submission and allowed all of them not only to go free but also to remain in their fortresses.(15)

Referring to this, he said in one of his poems:

Turwa and Komba saw destruction and sought refuge with God And Islam, for fear of misfortune. They were saved, after destruction had seized their throats by the copious rain of forgiveness which came after despair.(16)

A similar act of magnanimity, tolerance and even compromise by Shaykh ʿAbd Allah can be seen in his acceptance of the submission of the rebel Fodi, a former king of Kebbi led a revolt against the Jihadists shortly after the sack of Kalambaina. Shaykh ʿAbd Allah, apart from accepting the submission made on behalf of Fodi, a~reed to appoint the latter’s son, Jibrin as Sarkin Kebbi after Fodis’ death.(17)

We have said above that Shaykh ʿAbd Allah could be humane, magnanimous and forgiving when occasion demanded that. We must add, however, that when occasion so demanded he could be ruthless as his attack on Fas demonstrate where his people not only killed and captured the enemy but destroyed all their crops. (18)

Listen to him again saying about some of the people they fought in Gurma country as recorded in one of his poems:

A victory for us through our spears and our arrows and our swords in their bellies, and in their heads. Their children and their women were taken prisoner, and their men were slain with the axe. After the spreading of our carpet on their crops, and after our horsemen had shattered their shields. (19)

Shaykh ʿAbd Allah had consistently throughout his life supported the rule of law and condemned tyranny, injustice and oppression. To check that he ruled that a ruler must make himself easily accessible every day so that he would hear complaints, if any, from the strong and the weak members of the community against oppression or injustices from his officials.(20)

He also saw tyranny oppression and injustice as some of the basic things which distinguish mulk (Kingship) from Khilāfah (Caliphate).(21) He also said that if a ruler oppresses his people “whims will slaughter him by cutting veins of taqwa (God – consciousness).(22) He identified some acts of oppression from which a ruler must keep away. There include punishment by imposing fines in the form of cash or in kind for offences such as adultery and theft whose punishment has nothing to do with fines. They also include illegal taxes and surcharges on the subjects properties.(23) Shaykh ʿAbd Allah’s prowess as a great military leader needs no emphasizing. He was’ a tactician of the first order and used his military skill and expertise to great advantage as we have seen at Kwotto and during the attack on the island of Fas along the Niger river.(24)  Before the battle of Kwotto, Shaykh ‘Abel Allah at first spent three days waiting for Gobir forces until the 4th day when he was convinced that the enemy was faint-hearted and afraid of advancing on their with the knowledge, the Jihadist forces morale must have risen very high and consequently they moved towards the enemy full of confidence. However when they learnt that the enemy had moved towards Kwotto, Shaykh ʿAbd Allah hurried with the few people whom he could muster and met them near the lake of Kwotto. And experienced on skilful tactician, Shaykh ʿAbd Allah ordered his people to ensure that they secured the water source and cut off the Gobir forces from it. They Jihadist forces, with these advantages were able to dislodge and send fleeing the Gobir forces who were twice their number. (25)

One may venture to say at this juncture that Shaykh ʿAbd Allah must have used military intelligence to find out the psychological readiness of the Gobir forces before the battle. It is not unlikely that the four days he and his army had been waiting for the Gobir forces had been used to gather intelligence because, as Shaykh ʿAbd Allah has shown in his Diya alHukkan, the use of spies to gather military intelligence is very important in war as is the imperative of never under rating or under estimating the capability and resources of the enemy. He states:

Know that military tactics require that you do not under rate the enemy, and that you dispatch spies or military intelligence officers (to spy on the enemy). It also requires the choice of brave and courageous soldiers; and none but a brave courageous person should be appointed to lead an army, a person who is experienced in war, and in managing men.(26)

In Fas, Shaykh ʿAbd Allah made use of one of the most important elements in fighting the enemy – the element of surprise. His people made a surprise crossing of the Niger river and fell upon the unsuspecting enemy and thus easily won victory. In connection with this incident Shaykh ʿAbd Allah has this to say in one of his poems:

‘They (the inhabitants of the island of Fas) thought that the river would prevent our army from crossing; The devil with his suggestions deceived Them! They saw multitudes to their right and to their left To east and west, and it was a steadfast army”.(27)

Celebrating this success Shaykh ʿAbd Allah Said:

Then we came back home, hoping For reward with which the sadness of penury would cease. No arrow touched us, nor spear, no sword; We were like those who return from marriage feasts!(28)

Shaykh ʿAbd Allah was an ascetic of repute. Throughout his life he allowed the virtues of asceticism taught by Islam to guide his actions and behaviour. He was always un-easy in the face of temmporal ambitions and the affairs of the world. Thus in the fourth year of the hijrah of the Jama’ah to Gudu Shaykh ʿAbd Allah left the army on its way to fight Alkalawa. He was so disappointed with the way and manner his contemporaries had abandoned the ideals of Jihad in favour of the pursuit of material gains like wealth power, political authority and influence that he decided to abandon his country and people and travel to the Holy land of Arabia where he hoped to stay permanently near the Prophet (SAW).(29) This asceticism is reflected in the number of works written by Shaykh ʿAbd Allah on the subject, and in references made to it in other works.

ʿAbd Allah, who led the noble Shaykhs since he was a youth. Master of sciences, their servant and their follower; friend of piety, learned, generous, perfect. Landmark of right guidance, joy of the time; its pillar, gentle, kindly towards mankind, a mighty chieftain. Strong in his religion, humble, awe-inspiring, pious, trustworthy, sweet as honey. Famous Qur’an scholar, foremost in the science if Prophet tradition, and rhetoric, one on whom others rely.(30)

Conclusion

Shaykh ʿAbd Allah, as we have seen, is a man of very strong faith. His faith is so strong that many people would not appreciate why he acted the way he did on many occasions. Because of his deeply rooted and strong faith he committed the totality of his life to the service of Allah. While doing this, he would not mind whose ox is gored. He rejected all forms of worldly interests if they were not lawful. To him wealth and happiness lie in contentment. Leadership is worth having and authority worth exercising only if the exercise is seen as service to Islam and humanity. This may explain why after the battle of Kalambaina, Shaykh ʿAbd Allah, without rancour, formally stepped down in favour of Sultan Ballo. Shaykh ʿAbd Allah would not be the type to bring about dissension and division among the Jama’ah. That is why it is difficult to believe the claim made by Shaykh Ahmad Labbo of Masina that Shaykh ʿAbd Allah claimed to be the legitimate heir to Shaykh ʿUthman. Certainly no one who understands the nature and character of Shaykh ʿAbd Allah would ever expect him to take such a drastic negative action.

Shaykh ʿAbd Allah tried to model his life on that of the Prophet (SAW). Many incidents in his life can be compared to similar ones in the life of the Prophet (SAW). In fact, Shaykh ʿAbd Allah so much imitated the life of the Prophet (SAW) that he saw in many things that happened a reflection of what happened in the life time of the Prophet (SAW). For instance, the battle of Tabkin Kwotto brought to his mind vivid memory of the battle of Badr. It is interesting to note that after the conquest of Makkah the Prophet (SAW) forgave the inhabitants of the city for all the injustices meted out to him and his followers earlier. Similarly Shaykh ʿAbd Allah set free the inhabitants of Fas after he had got all of them under his control and mercy.

As someone modeling his life on that of the holy Prophet (SAW) Shaykh ʿAbd Allah possessed virtually all the good virtues one could think of.

If our society of today can learn the virtues and adopt the character of Shaykh ʿAbd Allah, most of its ills would be cured. Security, peace, and tranquility will prevail, everywhere. Justice will be dispensed without fear or favour, love and understanding will guide mutual relations and honesty, integrity and rule of law will be the order of the day. If we succeed in emulating his character our nation will be as safe and secure as the Sakkwato Caliphate was during the 1820’s when Clapperton described it as follows:

The laws of the Qur’an were in his (Sultan Ballo’s) time so strictly put in force — that the whole country when not in a state of war, was so well-regulated that it is a common saying that a woman might travel with a casket of gold upon her head from one end of the Fellata dominions to the other. (31)

Notes

1. ʿAbd Allah b. Foduye, Tazyyīn al-Waraqāt (T.\V) (edt. M. Hiskett)

(Ibadan, 1963), p. 21.

2. Ibid, pp. 26, 84 – 85.

3. Ibid. p. 23,

4. Sa’ad b. ʿAbd al-Rahman, Tartīb al-Ashāb.

5. See ʿAbdAllah b. Foduye, Lubāb al-Madkhal. pp. 59 -83 for details

6. Ibid, pp. 67 – 69.

7. T W pp. 30, 88 – 89

8. Ibid, pp. 55, 108.

9. ʿAbd Allah b. Foduye, Diyā’ al-Sultān (O.Su) in Majmuʿ al-Diyā’āt

(published by Alhaji Dan-Ige, Tsamiyar Yaro) (Cairo, n.d), p. 189.

10. Ibid, p. 198.

11. Ibid, p. 191.

12. T.W, pp. 61 – 62, 114.

13. Ibid, pp. 78 – 79, ]27 – 128.

14. Ibid, pp. 75,125.

15. Ibid, pp. 75, 125

16. Ibid, pp. 77, 125

17. Ibid,p.21.

18. Ibid, pp. 75, 77, 125, 126.

19. Ibid, pp. 76, 126.

20. ʿAbd Allah b. Foduye, Diyā’ al-Umarā’, in Majmuʿ al-Diyā’āt p.222.

21. ʿAbd Allah b. Foduye, Diye’ al-Hukkam, in Majmuʿ al-Diyā’āt p.245.

22. Ibid, p. 247.

23. Ibid, p. 251.

24. T. W, pp. 56 – 57,109 -110, 75 – 77, ]25 – 126.

25. Ibid, pp. 56 – 57 – 109 -110.

26. D.H., p. 273.

27. T. W, pp. 77, 126.

28. Ibid, pp. 78, 127.

29. Ibid, pp. 70 – 72, 120 -122.

30. Ibid, p. 23.

31. Clapperton, Narrative of Travels and Discoveries in Northern and Central Africa in the years 1822, 1823 and 1824, (Dixon Henjam, Hugh Clapperton, Dr. Oudney, second edn. (London, 1826), p. 206.

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The Chapter About الصِّيَامِ (Fasting) from the Matn Al Ashmaawiyyah

The Chapter About الصِّيَامِ (Fasting)

وَصَـوْمُ‮ ‬رَمَـضَانَ‮ ‬فَرِيضَةٌ (The fast of Ramaḍaan is an obligatory duty) يَـثْبُتُ‮ ‬بِكَمَالِ‮ ‬شُعْبَانَ‮  ‬ (which is fixed to the completion of the month of Shaʿbaan) أَوْ‮ ‬بِـرُؤُيَـةِ‮ ‬عَـدْلَـيْـنِ‮ ‬لِلْهِلاَلِ (or the sighting of the crescent moon by two reliable witnesses) أَوَ‮ ‬جَـمَاعَةٍ‮ ‬مُسْـتَفِيضَة (or the spread of the news among a large portion of the community) وَكَـذَالِـكَ‮ ‬فِي‮ ‬الفِطْرِ (and it is the same as this with the ending the fast). وَيُـبَيِّتُ‮ ‬نِـيَّةَ‮ ‬الصِّيَامَ‮ ‬فِـي‮ ‬أَوَّلِـهِ‮ ‬ (The one who is fasting makes the intention to fast at the beginning of Ramaḍaan), وَلَـيْسَ‮ ‬عَـلَيْهِ (but it is not incumbent upon him) الْـبَيَاتُ‮ ‬فِـي‮ ‬بَـقِيَّتِهِ‮ ‬ (to do so for the rest of Ramaḍaan).

يُـتِمُّ‮  ‬الصِّيَامَ‮ ‬إِلَـى اللَّيْلِ (He should maintain the fast until nightfall), وَمِـنَ‮ ‬السُّنَّة تَعْجِيلُ‮ ‬الْـفِطْرِ (while it is the Sunnah to hurry to break the fast) وَتَـأْخِـيرُ‮ ‬السُّحُورِ (and to delay the Suḥuur).  وَحَيْثُ‮ ‬ثَـبُتَ‮ ‬الشَّهْـرُ‮ ‬قَـبْلَ‮ ‬الْفَجْـر (If the arrival of the month of Ramaḍaan is confirmed before Fajr (dawn), وَجَـبَ‮ ‬الصَّوْمُ (the fasting will become obligatory), وَإِنْ‮ ‬لَـمْ‮ ‬يَـثْبُتُ‮ ‬ (however, if it is not confirmed) إِلاَّ‮ ‬بَـعْدَ‮ ‬الْفَجْـرِ (until after Fajr, وَجَـبَ‮ ‬الإمْـسَاكُ (observing the fast will become [immediately] obligatory)). وَلاَ‮ ‬بُـدَّ  (That undoubtedly) مِـنْ‮ ‬قََـضَاءِ‮ ‬ذَالِـكَ‮ ‬الْـيَوْمِ (it is obligatory to make up that day).

 وَالنِّيَّة (The intention to fast [which has been made]) قَـبْلَ‮ ‬ثُـبُوتِ‮ ‬الشَّهْـرِ‮ ‬(before the arrival of the month of Ramaḍaan has been confirmed) بَـاطِـلَةٌ‮ ‬(is invalid), حَـتَّى لَـوْ‮ ‬نَـوَى (like when the individual who made the intention) قَـبْلَ‮ ‬الرُّؤْيَةِ (before the sighting of the hilaal), ثُـمَّ‮ ‬أَصْـبَحَ (then), وَلَـمْ‮ ‬يَـأْكُـلْ‮ ‬وَلَـمْ‮ ‬يَشْـرَبْ (and he didn’t eat nor drink), ثُـمَّ‮ ‬تَـبَيَّنَ‮ ‬لَـهُ (and then it became clear to him) أَنَّ‮ ‬ذَالِـكَ‮ ‬الْيَوْمَ‮ ‬مِـنْ‮ ‬رَمَـضَانَ (that that day was the first day of Ramaḍaan), لَـمْ‮ ‬يُجْزِهِ‮ ‬(that day is not permitted to him [as one of his fasting days of Ramaḍaan]). وَيُـمْسِكُ‮ ‬عَـنِ‮ ‬الأَكْـلِ‮ ‬وَالشُّرْبِ‮ ‬فِـهِ (however, he must  continue to abstain from eating and drinking in it), لِـحُـرْمَـةِ‮ ‬الشَّهْـرِ (because of the sacredness of the month), وَيَـقْضِيهِ (and he must make it up [the day’s fast as well.]).

وَلاَيُـصَامُ (There should be no fasting) يَـوْمُ‮ ‬الشَّكِّ (on the Day of Doubt),  لِيُحْتَاطَ‮ ‬بِهِ‮ ‬مِنْ‮ ‬رَمَضَانَ (in order to make sure it is not the first day of Ramaḍaan). وَيَـجُوزُ‮ ‬صِـيَامُـهُُ‮ ‬لِـلتَّطَوُّعِ‮ ‬وَالنَّذْرِ‮ ‬ (Performing voluntary fast and the fast that one has pledge to do is allowed), إِذَا صَـادَفَ (if it coincides with [the Day of Doubt]). وَيسْـتَحَبُّ‮ ‬الإمْسَاكُ‮ ‬فِي‮ ‬أَوَّلِهِ (It is recommended however, to refrain from eating at the beginning of the day [the Day of Doubt]), لِــيَتَحَقَّقَ‮ ‬النَّاسُ‮ ‬الرُّأْيَةَ  (in order to allow the people to confirm the sighting [of the crescent moon of Ramaḍaan]). وَإِنَ‮ ‬ارْتَـفَعَ‮ ‬النَّهَـرُ (If the day passes) وَلمْ‮ ‬تظْهَـرْ‮ ‬رُؤْيَـةٌ‮ ‬ (and a sighting is not clear), أَفْـطَرُ‮ ‬النَّاسُ‮ ‬(the people must eat).

وَلاَ‮ ‬يُـفْطِرُ‮ ‬مَـنْ‮ ‬ذَرَعَـهُ‮ ‬قَـيْءٌ (The person who vomits does not break his fast), إِلاَّ‮ ‬أَنْ‮ ‬يُـعَالِـجَ‮ ‬خُـرُوجَـهُ‮ ‬ (unless he caused himself to regurgitate). فَعَلَيْهِ‮ ‬الْقَضَاءُ  (In that case, he must make up the fasting day). وَلاَ‮ ‬يُـفْطِرُ‮ ‬مَـنِ‮ ‬احْـتَلَمَ (The one who emits seminal fluid while dreaming doesn’t break his  fast) وَلاَ‮ ‬مَنِ‮ ‬احْتَجَمَ (nor does the one who is cupping break his fast), وَتُـكْرَهُ‮ ‬الْـحِجَامَـةُ‮ ‬لِلْمَرِيضِ‮ ‬خِـيفَة التَّغْرِيرِ (but cupping is disliked for a sick person who fears exhaustion / feeling faint).

وَمِـنْ‮ ‬شُـرُوطِ‮ ‬صِـحَّةِ‮ ‬الصَّوْمِ (Among the conditions of a sound fast is) النِّيَّةُ‮ ‬السَّابِـقَةُ‮ ‬لِـلْفَجِـرِ (the intention to fast which is made before dawn), سوَاءُ‮ ‬كَـانَ‮ ‬فَـرْضًـا (whether the fast is an obligatory) أَوْ‮ ‬نَـفْلاً (or a non-obligatory one which is being performed for additional reward from Allah). وَالنِّيَّةُ‮ ‬الْـوَاحِـدَة كَـافِـيَةٌ (One statement of intention is sufficient for [the entire] fasting period]). يَـجب تَـتَابُـعْهُ (The fast must be done immediately after the statement), كَـصِيَامِ‮ ‬رَمَـضَانَ (like the fast of Ramaḍaan), وَصِـيَامِ‮ ‬كَـفَّارَةِ‮ ‬الظِّهَارَةِ‮ ‬ (the fast of reparation for ḍhihārah) وَالْـقَتْلِ (killing someone by mistake), وَالنَّذْرِ‮ ‬الَّذِي‮ ‬أَوْجَـبَهُ‮ ‬الْـمُكَلَّفُ (and the vow that al-mukallaf who swears an oath which he  makes binding) عَـلَى نَـفْسِهِ (upon himself).  فَـأَمَّا الصِِّـيَامُ‮ ‬الـمَسْـرُودُِ (as for the [voluntary] fast that is done for a consecutive number of days),‮  ‬وَالْـيَوْمُ‮ ‬الْـمُعَيِّنُ (the [fast done on a] fixed  day), لاَ‮ ‬بُـدَّ‮ ‬مِنَ‮ ‬التبْيِيتِ‮ ‬فِِـيهِ‮ ‬كُلَّ‮ ‬اللَّيْلَةٍ (undoubtedly, the niyyah is made for it nightly / every night.)

وَمِـنْ‮ ‬شُـرُوطِ‮ ‬صِـحَّةِ‮ ‬الصَّوْمِ (Among the conditions of a sound fast is) النَّقَاءُ‮ ‬مِـنْ‮ ‬دَمُ‮ ‬الْـحَيْضِ‮ ‬وَالنِّفاسِ (purity from the  blood of menstruation and the blood after childbirth). فَـإنَ‮ ‬انْـقَطَعَ‮ ‬دَمُ‮ ‬الْـحَيْضِ‮ ‬وَالنِّفاسِ (If the  blood of menstruation and the blood after childbirth stops flowing)‮ ‬قَـبْلَ‮ ‬الْفَجْـرِ (before dawn), وَلَـوْ‮ ‬بِلَحْـظَةِ (at that moment), وَجَـبَ‮ ‬عَـلَيْهَا صَـومُ‮ ‬ذَالكَ‮ ‬الْيَوْمِ (the fast of that day becomes incumbent upon the woman),وَلَـوْ‮ ‬لَـمْ‮ ‬تَغْتَسِـل (even if she did not bath) إلاَّ‮ ‬بَـعَدَ‮ ‬الْفَجْـرِ (until after fajr). وَتُــعَادُ‮ ‬النِّيَّةُ (The intention [to fast] should be repeated)  إِذَا انْـقَطَعَ‮ ‬التَّتَابِـعُ‮ ‬بِـ‮ ‬(when the following comes to an end): الْـمَرضِ‮ ‬وَالْـحَيْضِ‮ ‬وَالنَّفَاسِ‮ ‬وَشِـبْهِ‮ ‬ذَالِـكَ (sickness, menstruation, and parturition, and what is similar to these).

وَمِـنْ‮ ‬شُـرُوطِ‮ ‬صِـحَّةِ‮ ‬الصَّوْمِ (The other conditions of a sound fast that are): والْـعَقْلُ (full intellectual consciousness). فَـمَنْ‮ ‬لاَ‮ ‬عَـقْلَ‮ ‬لَـهُ (As for those who doe not have full intellectual consciousness), كَـالْـمَجْنُونِ (like the insane person) وَالْـمُغْمَى عَـلَيْهِ (and the person who is unconscious), لاَيَـصِحُّ‮ ‬مِِـنْهُ‮ ‬الصَّوْمُ‮ ‬فِـي‮ ‬تِـلْكَ‮ ‬الْـحَالَـةِ (fasting is not sound for them in that condition), وَيَـجِبُ‮ ‬عَـلَى الْـمَجْنُونِ‮ ‬إِذَا عَـادَ‮ ‬إِلَـيهِ‮ ‬عَـقْلُهُ‮ ‬ (It is requisite, for the insane person who regains his full intellectual consciousness) وَلَـوْ‮ ‬بَـعْدَ‮ ‬سَـنِيينَ‮ ‬كَـثِيرَةٍ (even if it is after a many of years) أَنْ‮ ‬يَـقْضِي‮ ‬ (to complete) مَـا فَـاتَـهُ‮ ‬مِنَ‮ ‬الصَّوْمِ (the fasting that he didn’t do) فِي‮ ‬حَالِ‮ ‬جُنُونِهِ (while he was in his state of insanity), وَمِـثْلُهُ‮ ‬الْـمُغٌمَى عَلَيْهِ (and it is the same for the unconscious person) إذَا أَفَاقَ (when he regains his consciousness).

وَمِـنْ‮ ‬شُـرُوطِ‮ ‬صِـحَّةِ‮ ‬الصَّوْمِ (The other conditions of a sound fast that are): تَـرْكُ‮ ‬الْـجِـمَاعِ‮ ‬ (to refrain from sexual intercourse), وَالأَكْـلِ‮ ‬(eating) وَالشَّرْبِ (and drinking). فَـمَنْ‮ ‬فَـعَلَ (The one who does) فِـي‮ ‬النَّهَارِ‮ ‬رَمَـضَانَ‮ ‬شَـيْئًا مِـنْ‮ ‬ذَالِـكَ (any of these things during the day during Ramaḍaan) مُتَعَمَّدًا (intentionally), مِـنْ‮ ‬غَـيْرِ‮ ‬تَـأْوِيلٍ‮ ‬قَرِيبٍ (and it is not from his own understanding (interpretation) وَلاَ جَهْـلٍ (nor out of ignorance), فَـعَلَيْهِ‮ ‬الْـقضَاءُ‮ ‬ (then he must make up the fast day) وَالْـكَفَّارَةُ (and do reparation for it). الْـكَفَّارَةُ‮ ‬فِـي‮ ‬ذَالِـكَ‮ ‬كُـلِّهِ (The reparation required for each of these cases) إِطْـعَامُ‮ ‬سِـتِّيـنَ‮ ‬مِـسْكِيـنًا‮ ‬ (is the feeding of sixty destitute people) مُـدًّا لِـكُلِّ‮ ‬مِـسْكِيـنٍ‮ ‬(with one mudd for each destitute person) بِـمُدِّ‮ ‬النَّبِيِّ (using the mudd of the Prophet), صَـلَّى اللَّهف عَـلَيْهِ‮ ‬وَ‮ ‬سلَّمَ‮ ‬(may Allah bless him and grant him peace). وَهُـوَ‮ ‬أَفْـضَلُ (It is what is most preferred). وَلَـهُ‮ ‬أَنْ‮ ‬يُـكَفَّرَ (The person who must do reparations can also do it) بِـعِتْقِ‮ ‬رُقْـبَةٍ‮ ‬مُـؤْمِـنَةٍ (by freeing a believing slave) أَوْ‮ ‬بِـصِيَامِ‮ ‬شَـعرَيْـنِ‮ ‬مُـتَتَابِـعَيْـنِ (or by fasting two consecutive months).

مَـا وَصَـلَ‮ ‬مِـنْ‮ ‬غَـيْرِ‮ ‬الْـفَمِ‮ ‬إِلَى الْـحَلْقِ (As for what arrives in the throat through a place other the mouth), مِـنْ‮ ‬أُذُنٍ (like the ear) أَوْ‮ ‬أَنْـفٍ (or the nose) أَوْ‮ ‬نَـحْوَ‮ ‬ذَالِـكَ (or what is similar), وَلَـوْ‮ ‬كَـانَ‮ ‬بَـخُورًا (even if it is incense), فَـعَلَيْهِ‮ ‬الْـقَضَاءُ (the person fasting only has to make up the fast). وَمِـثْلُهُ‮ ‬الْـبَلْغَمُ‮ ‬ (It is the same with regards to phlegm) الْـمُمْكِنُ‮ ‬طَـرْحُـهُ (which he can spit out), وَالْـغَالِـبُ (and what went down the throat beyond control)  مِـنَ‮ ‬الْــمَـضْمَضَةِ (from rinsing the mouth with water), وَالسِّواكِ (and the siwaak), وَكُـلُّ‮ ‬مَـا وَصَـلَ‮ ‬إِلَى الْـمَعِدَة‮ ‬ (everything that goes into the stomach), وَلَـوْ‮ ‬بِـالْـحُقْنَةِ‮ ‬الْـمَائِـعَةِ (even if by colonic iirigation), وَكَـذَا مَـنْ‮ ‬أَكَـلَ‮ ‬ (and similarly, the one who ate) بَـعَدَ‮ ‬شَـكِّهِ‮ ‬فِي‮ ‬الْفَجْرِ (after having doubted that the dawn had come in), لَـيْسَ‮ ‬عَـلَيّهِ‮ ‬فِـي‮ ‬جَـمِيعِ‮ ‬ذَالك (he is not required to do anything in regards to any of these previously mentioned things)‮ ‬إِلاَّ‮ ‬الْـقَضَاءُ (except the making up the fast day).  وَلاَ‮ ‬يَـلْزَمُـهُ‮ ‬الْـقَضَاءُ (He is not required to complete the fast however), فِـي‮ ‬غَـالِـبٍ‮ ‬مِـنْ‮ ‬ذُبَـابٍ‮ ‬(if he is overcome by flies {enter his throat]),‮ ‬أَوْ‮ ‬غُـبَارِ‮ ‬طَـرِيقٍ (dust of the road), أَوْ‮ ‬دَقِيقٍ (flour), أَوْ‮ ‬كَيْلِ‮ ‬جِبْسٍ (or plaster) لِصَانِعِهِ (used by his workman), وَلاَ‮ ‬فِي‮ ‬حُقْنَةٍ‮ ‬مِنْ‮ ‬إِحْلِيلٍ (or an injection of a lawful substance into the penis), وَلاَ‮ ‬فِي‮ ‬دُهْنِ‮ ‬جَـائِفةٍ (nor putting any substance in the stomach).

وَيَجُوزُ‮ ‬لِـلصِّيَامِ  is lawful in regards to the fast):1. السِّواكُ‮ ‬([the use of] Siwaak) فِـي‮ ‬جَمِيعِ‮ ‬النَّهَارِ (the entire day) 2. وَالْــمَـضْمَضَةُ (as well as rinsing the mouth with water) لِـلْعَطْشِ‮ ‬(because of thirst) 3. وَالإصْـبَاحُ‮ ‬بِـالْـجَنَابَـة (major impurity if it occurs). 4. وَالْـحَامِلَةُ‮ ‬ (If the pregnant woman) إِذَا خَـافَـتْ‮ ‬عَـلَى مَـا‮  ‬فِي‮ ‬بَـطَنِهَا‮ ‬(fears for what is in her stomach), أَفْطَرَتْ (she should break her fast). وَلَـمْ‮ ‬تُـطْعِمْ (and she does not have to feed anyone because if breaking her fast), وَقَـدْ‮ ‬قِـيلَ (It has also been said), تُـطْعِمُ (that she should feed people), وَالْـمُرْضِـعُ (and the nursing mother), إِذَا خَـافَـتْ‮ ‬عَـلَى وَلِـدِهَا (if she fears for her child), وَلَمْ‮ ‬تَـجِدْ‮ ‬مَـنْ‮ ‬تَسْـتَأْجِـرُهُ‮ ‬لَـهُ‮ ‬ (and she can’t hire a wet nurse for him) أَوْ‮ ‬يَـقْبَلُة (or the child doesn’t accept [being breast fed]) غَـيْرَهَـا (by anyone other than her), أَفْـطَرَتْ‮ ‬وَأَطْـعَمَتْ (she should break her fast and she must feed people). وَكَـذَالِـكَ‮ ‬الشَّيْخُ‮ ‬الْهَرِمُ (It is the same with the elderly person), يُـطْعِمُ‮ ‬إِذَا أَفْـطَرَ (it is recommended that he feed people, if he breaks his fast). وَمِـثْلُهُ‮ ‬مَـنْ‮ ‬فَـرَّطَ‮ ‬فِـي‮ ‬قَضَاءِ‮ ‬رَمَـضَانَ (and similar is someone who fails to make up missed days) حَـتَّى دَخَـلَ‮ ‬عَـلَيْهِ‮ ‬رَمَـضَانَ‮ ‬آخَرُ (until another Ramaḍaan comes). وَالإطْـعَامُ‮ ‬فِـي‮ ‬هَـاـذَا كُلِّهِ (The feeding in all of these cases) مُـدٌّ (is a mudd) عَـنْ‮ ‬كُـلِّ‮ ‬يَـوْمٍ‮ ‬يَـقْضِيهِ (each day that has to be completed).

وَيَستَحَبُّ‮ ‬لِـلصَّائِـمِ (It is highly recommended for the one fasting) كَـفُّ‮ ‬لِـسَانِـهِ (to guard his tongue), وَتُـعْجِيلُ‮ ‬قَـضَاءِ (to quickly complete), مَـا فِي‮ ‬ذِمَّتِهِ‮ ‬مِـنَ‮ ‬الصَّوْمِ (what he owes from the fast), and وَتَتَابُعُهُ (to do what’s owed in the correct order).

وَيَستَحَبُّ‮ ‬صَـوْمُ‮ ‬يَوْمِ‮ ‬عَرَفَةَ (Fasting is highly recommended on the Day of ʿArafat)لِـغَيْرِ‮ ‬الْـحَاجِّ (for those who are not performing the Ḥajj), وَعَـاشُـورَاءَ (alsoʿĀshūrā’), وَصَوْمُ‮ ‬عَشَـرِ‮ ‬ذِي‮ ‬الْـحِجَّةِ (the Fast of the 10 days of Dhū-l-Ḥijr), والْـمُحَـرَّمِ (al-Muḥarram), وَرَجَـبٍ (Rajab), وَشَـعْبَانَ (and Shaʿbān),  وَثَـلاَثَـةِ‮ ‬أَيَّامٍ‮ ‬مِنْ‮ ‬كُـلِّ‮ ‬شَهْرٍ‮ ‬(and three (3) days every month).

وَكَـرِهَ‮ ‬مَـالِـكَ‮ ‬‮ ‬(Mālik disapproved) أَنْ‮ ‬تَـكُونَ‮ ‬الْـبِيضَ‮ ‬لِـفِرَارِهِ (them [the fasting days] to be the “Bright  Days” )‮ ‬لِـفِرَارِهِ‮ ‬مِـنَ‮ ‬التَّحْـدِيدِ (in order for them [these fasting days] avoid the limiting of them).

وَكَـذَا كَـرِهَ‮ ‬صِـيَامَ‮ ‬سِـتَّةِ‮ ‬مِنْ‮ ‬شَـوَالِ (Similarly, he disliked fasting the 6 days of Shawaal) مُـحَافَـةَ‮ ‬أَنْ‮ ‬يُحلْحِقَهَا الْـجَاهِـلُ‮ ‬بِـرَمَـضَانَ (fearing that the ignorant person would join them with Ramaḍān).

وَيَـكْرَهُ‮ ‬ذَوْقُ‮ ‬الْـمِلِحِ‮ ‬لِلصَّائِمِ (Tasting salt is disliked for the person whose fasting). إِنْ‮ ‬فَعَلَ‮ ‬ذَالك (If he does that) وَمَـجَّهُ (and spits it out), وَلَمْ‮ ‬يَـصًلْ‮ ‬إِلَى حَـلْقِهِ‮ ‬مًـنْهُ‮ ‬شَـيْءٌ (and none of it goes down his throat), فَلاَ‮ ‬شَىْءَ‮ ‬عَلَيْهِ (he is not required to do anything).

وَمُـقدِّمَـاتُ‮ ‬الْـجِـمَاعَـةِ‮ ‬مَـكرُوهَـةٌ (Sexual foreplay is disliked) لِلصَّائِمِ (for the person who is fasting), كَـالْـقُبْلَةِ (for example: kissing), وَالْـجَسَّةِ (touching), ‮ ‬النَّظَرِ‮ ‬مُسْـتَدَامِ (continuous gazing [with lust]), وَالْـمُلاَعَـبَةِ (and playing around) إنْ‮ ‬عُلِمًتِ‮  ‬السّلْاَمَةُ‮ ‬مِنْ‮ ‬ذَالك (when it is know how to prevent it), ‮ ‬إلاَّ‮ ‬حُـرِمَ‮ ‬عَـلَيْهِ‮ ‬ذَالك‮ ‬(unless the foreplay is unlawful for him), وَلَـكِنَّهُ‮ ‬إِنْ‮ ‬إِمْـذَى (but if he emits prostatic fluid) مِـنْ ذَالك (as result of it), فَـعَلَيْهِ‮ ‬الْـقَضاءُ‮ ‬فَـقَطْ (he only has to make up that fast day),   وَإنْ‮ ‬إِمْـنَى (but if he emits sperm), فَـعَلَيْهِ‮ ‬الْـقَضاءُ (then he must make up the fast day) وَالْكَفَّارَةُ (and do reparations as well).

قِيَامُ‮ ‬وَمَضانَ (Standing during Ramadān) مُسْـتَحَابٌ (is highly recommended). قَالَ‮ ‬رَسُولُ‮ ‬اللهِ (The Messenger of Allah صَـلَّي‮ ‬اللهُ‮ ‬عَـلَيْهِ‮ ‬وَسَـلَّمَ said), مَـنْ‮ ‬قَـامَ‮ ‬رَمَـضَانَ‮ ‬ (“Whoever stands in Ramaḍān) إِمَانًا (with belief) وَإِحْـتِسَابًا (with anticipation of his reward from Allah) غُفِرَ‮ ‬لَهُ‮ ‬مَا تَقَدَّمَ‮ ‬مِنْ‮ ‬ذَنْـبهِ (will have his prior sins forgiven).” ويَسْـتََبُّ‮ ‬الاَنْـفِرادُ‮ ‬بِهِ (It is recommended do it alone [at home]), إِنْ‮ ‬لَـمْ‮ ‬تُـعَطَّلْ  (if does not lead to the masjids being empty). وَاللهُ‮ ‬أَعْـلَمُ (Allah is the best Knower).

Al Ajurruumiyyah – Chapter 26 – (The Chapter About Al-Makhfuuḍaat [The Nouns Caused to be in The Case of Khafḍ)

بَابُ‏‮ ‬‬الـْمَخْفُوضَاتِ

26 – (The Chapter About Al-Makhfuuḍaat [The Nouns Caused to be 

in The Case of Khafḍ) 

ʿArabic Text:

‏‮(‬‬الـْمَخْفُضَاتُ‏‮ ‬‬ثَلاَثَةُ‏‮ ‬‬أَقْسَامٍ‏‮ ‬‬مَخْفُوضٌ‏‮ ‬‬بِالحَرْفِ‏‮ ‬‬وَمَخْفُوضٌ‏‮ ‬‬بِالِإضَافَةِ‏‮ ‬‬وَ‏‮ ‬‬تَابِعٌ‏‮ ‬‬لِلْمَخْفُوضِ‏‮ ‬‬فَأَمَّا الـْمَخْفُوضُ‏‮ ‬‬بِالْحَرْفِ‏‮ ‬‬فَهُوَ‏‮ ‬‬مَا‏‮ ‬‬يُخْفَضُ‏‮ ‬‬بِمِنْ‏‮ ‬‬وَإِلَى وَعَنْ‏‮ ‬‬وَعَلَى وَفِي‏‮ ‬‬وَرُبَّ‏‮ ‬‬وَالْبَاءِ‏‮ ‬‬وَالْكَافِ‏‮ ‬‬وَاللاَّمِ‏‮ ‬‬وَبِحُرُوفِ‏‮ ‬‬الْقَسَمِ‏‮ ‬‬وَهِيَ‏‮ ‬‬الْوَاوُ‏‮ ‬‬وَالْبَاءُ‏‮ ‬‬وَالتَّاءُ‏‮ ‬‬وَبِوَاوِ‏‮ ‬‬رُبَّوَبِمُذْ‏‮ ‬‬وَمُنْذُ‏‮ ‬‬وَأَمَّا مَا‏‮ ‬‬يُخْفَضُ‏‮ ‬‬بِالإِضَافَةِ‏‮ ‬‬فَنَحْوُ‏‮ ‬‬قَوْلِكَ‏‮ ‬‬غُلاَمُ‏‮ ‬‬زَيْدٍ‏‮ ‬‬وَهُوَ‏‮ ‬‬عَلَى قِسْمَيْنِ‏‮ ‬‬مَا‏‮ ‬‬يُقَدَّرُ‏‮ ‬‬بِاللاَّمِ‏‮ ‬‬وَمَا‏‮ ‬‬يُقَدَّرُ‏‮ ‬‬بِمِنْ‏‮ ‬‬فَالذِي‏‮ ‬‬يُقَدَّرُ‏‮ ‬‬بِالاَّمِ‏‮ ‬‬نَحْوُ‏‮ ‬‬غُلاَمُ‏‮ ‬‬زَيْدٍ‏‮ ‬‬وَالذِي‏‮  ‬‬يُقَدِّرُ‏‮ ‬‬بِمِنْ‏‮ ‬‬نَحْوُ‏‮ ‬‬ثَوْبُ‏‮ ‬‬خَزٍّ‏‮ ‬‬وَ‏‮ ‬‬بَابُ‏‮ ‬‬سَاجٍ‏‮ ‬‬وَخَاتَمُ‏‮ ‬‬حَدِيدٍ‏‮)‬‬

English Translation:

الـْمَخْفُضَاتُ (the nouns caused to be in  the case of khaf)‏‮ ‬‬ثَلاَثَةُ‏‮ ‬‬أَقْسَامٍ‏‮ ‬‬(are three kinds): مَخْفُوضٌ‏‮ ‬‬بِالحَرْفِ (the nouns caused to be in the case of khaf by الْـحَرْف [the particle]) وَمَخْفُــوضٌ‏‮ ‬‬بِالِإضَافَةِ (and noun which is caused to be in the case of khaf by الإِضَافَة (the iḍaafah construction)‏‮ ‬‬تَابِعٌ‏‮ ‬‬لِلْمَخْفُوضِ (and noun which is caused to be in the case of khaf as a result of following a noun which has been placed in khaf).  فَأَمَّا (As for) مَخْفُوضٌ‏‮ ‬‬بِالحَرْفِ (the noun which is caused to be in the case of khaf by the particle), ‏‮ ‬‬فَهُوَ (it is) مَا‏‮ ‬‬يُخْفَضُ‏‮ ‬‬بِ (what is caused to be in the case of khaf by):

مِنْ‏‮ ‬‬وَإِلَى وَعَنْ‏‮ ‬‬وَعَلَى وَفِي‏‮ ‬‬وَرُبَّ‏‮ ‬‬وَالْبَاءِ‏‮ ‬‬وَالْكَافِ‏‮ ‬‬وَاللاَّمِ‏‮ ‬‬وَبِحَروفِ‏‮ ‬‬الْقَسَمِ‏‮ ‬‬وَهِيَ‏‮ ‬‬الْوَاوُ‏‮ ‬‬وَالْبَاءُ‏‮ ‬‬وَالتَّاءُ‏‮ ‬‬وَبِوَاوِ‏‮ ‬‬رُبَّ ‏‮ ‬‬وَبِمُذْ‏‮ ‬‬وَمُنْذُ

وَأَمَّا (As for) مَا‏‮ ‬‬يُخْفَضُ‏‮ ‬‬بِالإِضَافَةِ (that which is caused to be in the case of khaf by the iḍaafah construction), فَنَحْوُ‏‮ ‬‬قَوْلِكَ‏‮ ‬‬(and so it is like when you say): غُلاَمُ‏‮ ‬‬زَيْدٍ (the servant of Zayd); وَهُوَ‏‮ ‬‬عَلَى قِسْمَيْنِ‏‮ ‬‬(and it is  of two kinds): مَا‏‮ ‬‬يُقَدَّرُ‏‮ ‬‬بِاللاَّمِ‏‮ ‬‬ (that which implies اللاَّم(the preposition li-) وَمَا‏‮ ‬‬يُقَدَّرُ‏‮ ‬‬بِمِن (and that which is  implies the preposition min). فَالذِي‏‮ ‬‬يُقَدَّرُ‏‮ ‬‬بِالاَّمِ (As for that which implies the preposition li-), نَحْوُ (is like when you say): غُلاَمُ‏‮ ‬‬زَيْدٍ (a servant of Zayd) وَالذِي‏‮  ‬‬يُقَدِّرُ‏‮ ‬‬بِمِنْ(while that which implies the preposition min) نَحْوُ (is like when you say): ثَوْبُ‏‮ ‬‬خَزٍّ (a garment of silk) وَبَابُ‏‮ ‬‬سَاجٍ and (a door of teak wood) وَخَاتَمُ‏‮ ‬‬حَدِيدٍ and (a ring of iron).      ‏‮ ‬‬ 

Explanation of Text in ʿArabic:

إن الـمخفوضات تـنقسم إلى ثلاثة أنواع نوع‏‮ ‬‬يُخفض بالحرف ونوع‏‮ ‬‬يخفض بالإضافة ونوع‏‮ ‬‬يخفض بالتَّبَعِيَّة والذي‏‮ ‬‬يخفض بالحرف هو كل إسم دخل عليه حرف من حروف الخفض كزيد والسطْح ورجل من قولك مَرَرْتُ‏‮ ‬‬بِزَيْدٍ‏‮ ‬‬وجَلَسْتُ‏‮ ‬‬عَلَى السَّطْحِ‏‮ ‬‬ورُبَّ‏‮ ‬‬رَجُلٍ‏‮ ‬‬كَرِيمٍ‏‮ ‬‬لَقِيْتُهُ‏‮ ‬‬فإنها أسماء مخفوضة بدخول حرف الخفض عليها وهي‏‮ ‬‬البَاءُ‏‮ ‬‬وعَلَى ورُبَّ‏‮ ‬‬وأمّا حروف الخفض فقد مرّ‏‮ ‬‬ذكرها أوّلاً‏‮ ‬‬فلا حاجة إلى الـمراجعة والذي‏‮ ‬‬يخفض بالإضافة هو كل إسم نُسب إليه‏‮ ‬‬غيره على‏‮ ‬‬غير إسنادِ‏‮ ‬‬كزيد من قولك‏‮ ‬‬غُلاَمُ‏‮ ‬‬زَيْدٍ فإنه إسم مخفوض منسوب إليه‏‮ ‬‬غيره وهو‏‮ ‬‬غلام وأمّا الـمخفوض بالتّبعية فقد تقدّم الكلام عليه في‏‮ ‬‬باب التّوابع‏‮ ‬‬

Explanation of Text in English:

الْـمَخْفُوضَاتُ (The nouns that are caused to be in the case of khafḍ) are of three kinds – one kind which is caused to be in the case of khafḍ by الْـحَرْف (the particle) which precedes them.  Another kind is caused to be in khafḍ due to الإِضَافَة (the  i∂aafah construction) and another kind is ‏‮ ‬‬يُخْفَضُ‏‮ ‬‬بالتَّبَعِيَّة caused to be in khafḍ as a result of following a noun which has been placed in khafḍ.  And so the one which is caused to be in the case of khafḍ by الْـحَرْف is every noun which has a حَرْفٌ (particle) from the particles of khafḍ preceding it, like: َزَيْد ( Zayd) and  السَّطْحُ (the roof) and الرَّجُلُ (the man) – like when you say: مَرَرْتُ‏‮ ‬‬بِزَيْدٍ (I passed by Zayd) and جَلَسْتُ‏‮ ‬‬عَلَى السَّطْحِ (I sat on the roof) and رُبَّ‏‮ ‬‬رَجُلٍ‏‮ ‬‬كَرِيمٍ‏‮ ‬‬لَقِيتُهُ (many a noble man I have met).  And these are nouns which have been caused to be in the case of khafḍ by placing the حُرُوفُ‏‮ ‬‬الْـخَفْضِ in front of them. They are the بِـ and عَلَى and رُبَّ.

As for حُرُوفُ‏‮ ‬‬الْـخَفْضِ, they have already been discussed previously in the beginning.  And so there is no necessity to repeat them.  That which is caused to be in the case of khafḍ by الإِضَافَة the  iḍaafah construction) is every noun which has had another noun linked to it which is not its predicate – like زَيْد when you say: غُلاَمُ‏‮ ‬‬زَيْدٍ (the servant of Zayd).  And so زَيْد is the noun is in khafḍ which has been linked with the other noun and that noun is غُلاَم.

As for the noun which is caused to be in the case of  khafḍ because of يُخْفَضُ‏‮ ‬‬بالتَّبَعِيَّة (following a noun that is in the case of khafḍ), there has already been a discussion about it in the chapter dealing with التَّوَابِع (the appositives).

(*note in ʿArabic)

إن أحكام الإضافة ما‏‮ ‬‬يكون بتقدير اللام كغُلاَم زَيّدٍ‏‮ ‬‬فإن تقديره‏‮ ‬‬غُلاَمٌ‏‮ ‬‬لِزَيْدٍ‏‮ ‬‬ومنها ما‏‮ ‬‬يكون بتقدير مِنْ‏‮ ‬‬كخَاتَم فِضَّةٍ‏‮ ‬‬أي‏‮ ‬‬خَاتَمِ‏‮ ‬‬مِنْ‏‮ ‬‬فَضَّةٍ‏‮  ‬‬وزاد بعضهم تقدير في‏‮ ‬‬كَمَكْرِ‏‮ ‬‬اللَّيْلِ‏‮ ‬‬أي‏‮ ‬‬مَكْرٌ‏‮ ‬‬فِي‏‮ ‬‬اللَّيلِ‏‮ ‬‬والّه أعلم

(*note in English)

The rules of  الإِضَافَة (the iḍaafah construct) imply the meaning of اللاَّمُ = لِـ (the laam of possession) – like when you say: غُلاَمُ‏‮ ‬‬زَيْدٍ (the servant of Zayd).  This construction implies غُلاَمٌ‏‮ ‬‬لِزَيْدٍ (a servant belong to Zayd). What is also being implied within the rules for the i∂aafah construct الإِضَافَةُ is مِنْ – like when you say: خَاتَمُ‏‮ ‬‬فِضَّـــــةٍ ( a ring of silver) – that is to say: خَاتَمٌ‏‮ ‬‬مِنْ‏‮ ‬‬فِضَّةٍ (a ring made of or from silver) and some of the grammarians also add that the iḍaafah construct implies فِي  – like when you say: كَمَكْرِ‏‮ ‬‬اللَّيْلِ (like the deception of the night) – that is to say: مَكْرٌ‏‮ ‬‬فِي‏‮ ‬‬اللَّيلِ (a deception in / during the night).  And Allah is the Best of Knowers.

Published in: Uncategorized on June 7, 2012 at 07:36  Leave a Comment  

Al Ajurruumiyyah – Chapter 25 – The Chapter About Al-Mafʿuul Maʿahu [The Object Which Accompanies The Subject In The Execution Of An Action])

بَابُ‏‮ ‬‬الـْمَفْعُول مَعَهُ

25 – The Chapter About Al-Mafʿuul Maʿahu [The Object Which Accompanies The Subject In The Execution Of An Action])

ʿArabic Text:

‏‮(‬‬وَهُوَ‏‮ ‬‬الإِسْمُ‏‮ ‬‬الـْمَنْصُوبُ‏‮ ‬‬الِذي‏‮ ‬‬يُذْكَرُ‏‮ ‬‬لِبَيَانِ‏‮ ‬‬مَنْ‏‮ ‬‬فُعِلَ‏‮ ‬‬مَعَهُ‏‮ ‬‬الْفِعْلُ‏‮ ‬‬نَحْوُ‏‮ ‬‬قَوْلِكَ‏‮ ‬‬جَاءَ‏‮ ‬‬الأَمِيرُ‏‮ ‬‬وَالْـجَيْشَ‏‮ ‬‬وَاسْتَوَى الـْمَاءُ‏‮ ‬‬وَالـْخَشَبَةَ‏‮ ‬‬وَأَمَّا خَبَرُ‏‮ ‬‬كَانَ‏‮ ‬‬وَأَخْوَاتِهَا وَاسْمُ‏‮ ‬‬إِنَّ‏‮ ‬‬وَأَخْوَاتِهَا فَقَدْ‏‮ ‬‬تَقَدَّمَ‏‮ ‬‬ذِكْرُهُمَا فِي‏‮ ‬‬الْـمَرْفُوعَاتِ‏‮ ‬‬وَكَذَلِكَ‏‮ ‬‬التَّوابِعُ‏‮ ‬‬فَقَدْ‏‮ ‬‬تَقَدَّمَتْ‏‮ ‬‬هُنَاكَ‏‮)‬‬

English Translation:

وَهُوَ (It [al-mafʿuul maʿahu – the object which accompanies the subject in the execution of an action] is) الإِسْـمُ‏‮ ‬‬الـْمَنْصُــوبُ‏‮ ‬‬(the noun in the case of naṣb) الِذي‏‮ ‬‬يُذْكَرُ‏‮ ‬‬(which is mentioned) لِبَيَانِ‏‮ ‬‬(in order to clarify), مَنْ‏‮ ‬‬فُعِلَ‏‮ ‬‬مَعَهُ‏‮ ‬‬الْفِعْلُ‏‮ ‬‬(with whom the action has been done) – ‏‮ ‬‬نَحْوُ (like when you say): جَاءَ‏‮ ‬‬الأَمِيرُ‏‮ ‬‬وَالجَيْشَ (The Amir came with the army) وَاِِسْتَوَى‏‮ ‬‬الـْْمَاءُ‏‮ ‬‬وَالْخَشَبَةَ and (The water is level with the wood).  وَأَمَّا

(As for)  خَبْــــرُ‏‮ ‬‬كَانَ‏‮ ‬‬وَأَخْواتِهَا (the predicate of kaana and its sisters) وَاسْمُ‏‮ ‬‬إِنَّ‏‮ ‬‬وَأَخْواتِهَا‏‮ ‬‬(and the noun of inna and its sisters), ‏‮ ‬‬فَقَدْ‏‮ ‬‬تَقَدَّمَ‏‮ ‬‬ذِكْرُهُمَا (they were mentioned previously) فِي‏‮ ‬‬الْـمَرْفُوعَاتِ (in the chapter about الْـمَرْفُوعَاتِ [the nouns in the case of rafʿ]) وَكَذَلِكَ‏‮ ‬‬التَّوابِعُ‏‮ ‬‬ (and similarly التَّوَابعُ [the appositive nouns]) فَقَدْ‏‮ ‬‬تَقَدَّمَتْ‏‮ ‬‬هُنَاك (were introduced there).    ‏‮ ‬‬

Explanation of Text in ʿArabic:

الـمفعول معه هو الإسم الـمنصوب بعد واو بمعنى مع بيانًا لـمن شارك الفاعل الـمتقدّم في‏‮ ‬‬فعله نحو اِسْتَوَى الـْمَاءُ‏‮ ‬‬وَالْـخَشَبَةَ‏‮ ‬‬فالخشبة إسم منصوب لأنه قد ذُُُكِر بعد واو الـمعيّة بيانًا لـما شارك الـماء في‏‮ ‬‬الاستِواءِ‏‮ ‬‬والتّقدير استواى الـماءُ‏‮ ‬‬مع الخشبة وهكذا قولك سِرْتُ‏‮ ‬‬وَزَيْدًا وأَنَا سائِرٌ‏‮ ‬‬وَزَيْدًا أي‏‮ ‬‬مع زيد ولا‏‮ ‬‬يصلح عطفه بالواو على ما قبله أمّا من جهة الـمعنى كقولك سَـيْرِي‏‮ ‬‬وَالطَّرِيقَ‏‮ ‬‬فالعطف ممتـنع هنا لا ستحالة السّير على الطّريق‏‮  ‬‬وأمّا من جهة اللفظ‏‮  ‬‬كمَشَيْتُ‏‮ ‬‬وَزَيْدًا فالعطف ممتنع هنا لأنه لا‏‮ ‬‬يجوز العطف على الضّمير الـمرفوع الـمتصل‏‮ ‬‬غير موكّد بالـمنفصل وأمّا في‏‮ ‬‬قولك مَشَيْتُ‏‮ ‬‬أَنَا وَزَيْدًا فيصح العطف ويضعف النّصب‏‮   ‬‬

Explanation of Text in English:

الْـمَفْعْولُ‏‮ ‬‬مَعَهُ (the object which accompanies the subject)  is the noun in the case of naṣb which follows وَاو (a waaw) that has a meaning that corresponds to the word مَعَ (with), which makes clear who accompanies the الْفَاعِلُ‏‮ ‬‬الْـمُتَقَدِّم (the doer that came before [مَعَ]) in its action – like when you say: اِسْتَوَى الـْمَاءُ‏‮‬‬ وَالـْخَشَـبَةَ (The water is level with the wood).  And so وَالـْخَشَـبَةَ (the wood) is the noun in the case of naṣb because it has been mentioned after وَاوُ‏‮ ‬‬الْـمَعِّيَــة (the waaw of accompaniment) which has been clearly designated for the noun that accompanies الـْمَاء (the water) in the act of ‘being level’.  What is being implied is that اِسْتَوَى الـْمَاءُ‏‮ ‬‬مَعَ‏‮ ‬‬الـْخَشَـبَةِ‮ ‬(the water is level with the wood).  And similar to this you say: سِرْتُ‏‮ ‬‬وَزَيْدًا (I and Zayd traveled) and أَنَا سائِرٌ‏‮ ‬‬وَزَيْدًا (I and Zayd travelled) – that is to say (I traveled with Zayd).

It is not permissible however, to use the conjunction وَ to conjoin الْـمَفْعُولُ‏‮ ‬‬مَعَهُ to what precedes it.  As for what is figurative, like when you say: سَيْـرِي‏‮ ‬‬وَالطَّرِيقَ (my journey and the road), the use of the conjunction وَ is not permitted here because it is impossible for the road to travel.  As for the literal expression like:مَشَيْتُ‏‮ ‬‬وَ‏‮ ‬‬زَيْدًا (desiring to say: [I walked with Zayd]),  the conjoining of it (زَيْدًا) with what comes before it is prohibited here (also), because the conjunction وَ  cannot be used with الضَّمِير الْـمَرْفُوع الْـمُتَّصـــِل (the attached pronoun in the case of rafʿ) without being supported by الـْمُنْفَصِل (a detached pronoun) like when you say: مَشَيْـتُ‏‮ ‬‬أَنَا وَ‏‮ ‬‬زَيْدًا (I and Zayd walked).  The conjunction is correct in its usage while the naṣb case ending is weak.

Published in: Uncategorized on June 7, 2012 at 07:15  Leave a Comment  

Course on the Maliki text, Mukhtaṣar al Akhḍarī taught by Shaykh Rami Nsour Al Maliki (fiqh maliki) Presented by AlMaliki22 Channel

Course on the Maliki text, Mukhtassar al Akhdari by Shaykh Rami Nsour Al Maliki (fiqh maliki) PART 1 by AlMaliki22

 Course on the maliki text, Mukhtassar al Akhdari by Shaykh Rami Nsour Al Maliki (fiqh maliki) PART 2 by AlMaliki22

 Course on the maliki text, Mukhtassar al Akhdari by Shaykh Rami Nsour Al Maliki (fiqh maliki) PART 3 by AlMaliki22

Course on the maliki text, Mukhtassar al Akhdari by Shaykh Rami Nsour Al Maliki (fiqh maliki) PART 4 by AlMaliki22

Published in: Uncategorized on June 7, 2012 at 05:03  Leave a Comment  

The Role of the ‘Free and Open Market’ in Any Future African Economy

(Adapted from an  articlefirst published in Journeyman’s Review October 1997)

Building Sound Economic Foundations (part 2)

The Role of the ‘Free and Open Market’ in Any Future African Economy

Market* A public place, whether an open space or building in which cattle, provisions etc. are exposed for sale;

Fish Market  A market or part of a market set aside for the buying and selling of fish and or products related to fish.

Brixton Market  A market or group of individual markets in that part of South London known as Brixton and subject to the laws and bye laws in effect in that area.

African Market ….?

(* Oxford English Dictionary Definition)

There is something wrong with the concept of the supermarket. Yet it is easy to accept all the arguments put forward about convenience, cheaper prices, more choice and so on. To accept this line of reasoning is to gullibly accept what is in fact a total distortion of the truth. Supermarkets do not mean cheaper prices and more choice, they ultimately mean dearer prices, modern slavery and less choice (if any at all). The supermarkets must be viewed in the same way one views a bank and the bank manager when seeking a loan knowing full well that the real decisions and criteria are set by nameless, faceless people who you have never seen and they have never seen you. Both institutions present themselves as being there to serve the community while in reality both are symbols and tools of monopoly, oppression and greed.

Building Sound Economic Foundations Part I exposed unequivocally the fragility and inherent corruption of the banking system, paper money, and the concept of legal tender as tools of usury and oppression. The present article is intended to show that there is a superior alternative to the supermarkets, hypermarkets, and the high street chains. It is the Open Market based upon the economics of open trade, without usury and without the need for banks. First we have to be clear about what is happening on the high street today. To call the supermarket the direct descendant of the cotton field is no exaggeration.

The supermarket not only enslaves the worker by his dependency on his salary but also by the stifling of his or her entrepreneurial potential (how many supermarket employees are likely to be asked to suggest even where to display the baked beans?). The producers are enslaved in turn by being forced to produce exclusively for one buyer, the supermarket. The producers will openly admit their hatred for the situation but feel powerless to challenge it for fear of losing any contract they may have and thus endangering their livelihood. Once a producer begins to supply a supermarket or retail chain inevitably the supermarket will begin to dictate quality, pricing and other details to the extent that the product supplied is only suitable for sale in that supermarket chain and thus the producer is trapped and unable to revert to a system of supplying the local market directly. The consumer is so bombarded by propaganda about convenience, better products (or at least better than the last new improved version), phoney price wars and hype upon hype that we are in the worst position because we actually think we are exercising choice. Choosing between one supermarket and another is no different to choosing between one bank and another, it is tantamount to making a choice between one slave master and another. If all this is not clear then you have missed the point. If you disagree it’s understandable given the level of propaganda we are subjected to day in day out but you have to understand that this is not a matter for debate. This is just how it is. It is not even a matter of the small shopkeeper being unable to compete for they are in effect a ‘supermarket waiting to happen’ and given half a chance will open another shop and the next thing you know we have another WH Smith. The truth of the matter is that the supermarket enslaves a thousand traders while the open market gives freedom to a thousand workers.

The bustling bazaars that can be found today in places like Fez, Istanbul and Kano despite the traditional feel they may have are still far removed from the model that we need to recover. These places now house what are in effect no more than retail shops. The traders by law have to use the local currency deemed as legal tender no matter how devalued or worthless it is, and rental costs along with demand for space make it impossible or at best unprofitable for many would be traders to participate in the market. For those who do participate they have no choice but to pass those costs down to the consumer through inflated prices. So already it should be clear that by Open Market we are not talking about hypermarkets, supermarkets, a string of local corner shops or indeed the local markets and flea markets found in most towns and cities today. By the same token neither are we talking about the car boot sale. We admire their openness and spontaneity as expressions of freedom to trade which are shared by the open market, but they are doomed either to be absorbed into the system as a result of being subjected to tighter and tighter regulation, or to be outlawed to the margins of the ‘moonlight economy.’

The free and open market is an open space (as described in the definition of the word Market at the beginning of the article) but the word ‘open’ also indicates that the market is open to virtually anyone who has something to sell, from a tea cup to a container of tea. The market we are describing will have space enough for anyone who wants to display their goods for sale. The open market will have every modern convenience found in a modern shopping centre including toilets, parking facilities, restaurants, transportation services and rest rooms. Free means freedom as a trader to choose what you want in return for your goods. You can exchange, barter or demand payment in gold or silver. No one is allowed to impose the currency or medium of exchange that you use. It is something the two parties agree between them in the moment. Free also means free of rent. No one pays for space in the open market. ‘You want to sell? You turn up!’ If it sounds over simplified that’s because we have been brought up on a diet of technical terms spawned by  the ‘pseudo’ science of economics.

Political freedom goes hand in hand with economic freedom. A major aspect of economic freedom is access to open markets under a just authority. Whether one looks at Ancient Egypt, Timbuktu or the Ottoman Empire one will always see this concept of the open market being both encouraged and protected. Free and open markets have been replaced and what remnants we have left today have been totally corrupted. Corruption in the market place is a sure sign of corruption in society. Therefore the market must be protected and rules of conduct must be laid down and enforced. The open market is protected and supported by:

  1. • The establishment of trading and manufacturing guilds established upon non-monopolistic methods of production and distribution;
  2. • the abolition of restrictions on the medium of exchange;
  3. • outlawing oppressive forms of business contracts;
  4. • a clear and just authority with jurisdiction over the marketplace;
  5. • no permanent stalls being allowed in the market;
  6. • no rental charges for pitches.

Without a doubt any framework for economic autonomy that does not contain provision  for the establishment of free and open markets is seriously flawed. The city without a free market is a city of slaves.

The modern open market will surpass the modern day shopping centre in terms of accessibility, practicality and choice. It will have both indoor and outdoor areas. Although the exact layout will vary in different geographical locations, the following designated areas will be common to most:

  1. • Parking facilities;
  2. • warehousing & storage;
  3. • workshops;
  4. • various selling areas;
  5. • office facilities;
  6. • areas for cultural and artistic displays and performances;
  7. • public transportation access;
  8. • courthouse;
  9. • market office;
  10. • toilet and ablution facilities.

These elements will vary according to the size of the market, climate and local customs which will also tend to determine how the trading areas are designated. For example, you would expect separate areas set aside for fruit, vegetables and other staples, clothing, white goods and home furnishing, jewellery and luxury items, catering, machinery, vehicles sales and also one or more auction areas. The small local seller and the big importer are both there and both accessible to all.

The ancillary services that will naturally evolve and also be encouraged along with the market include public transportation services, hotels and guest houses, sports clubs, places of worship, courier services, freight services, fax/telephone and email services, cinemas and theatres, all adding to the prosperity of the local community. It now becomes clear that the problem of structural unemployment disappears with the return to the open trade economy.

There are a number of groups today pursuing the re-establishment of the open market in various locations and it is worth mentioning some of these projects to give us a sense of the possible approaches.

South Africa

In Atteridgeville, a township outside of Pretoria, a group of young African men under the authority of an Amir (leader of a Muslim community) have recently set up a weekly market on common land (or at least unused government land). The sight of twenty market stalls in a black township in South Africa should not be taken lightly. The legacy of apartheid is that nothing but eating, sleeping, sex and crime are expected or encouraged in the townships while all commercial activities and employment are centred around the big cities.

Bermuda

A proposal was put forward by the League of the Black Stone directly to the government of Bermuda concerning the development of a free port and open market. The proposed site is a recently vacated US Airbase on the island. The proposal encompasses all that we have been describing. Being based around a shipping port and an airport there is scope for container, ship and plane loads of merchandise, and therefore international trade on a large scale, as well as local trading on a small scale. However the concept remains the same, no taxes, no import or export duties or tariffs. The ancillary services needed to support such an operation would provide employment and business opportunities for hundreds of Bermudians. They include fresh water facilities, hotels, security,  communications, storage, lifting facilities and local agents. A sudden change of leadership has stalled the process for the time being.

Switzerland (Zurich)The European Souk

A project to design and build an open market on a large scale with room for thousands of traders has reached an advanced stage of development at a site in Zurich and is due to open in Summer 1998.

As we said before it is the providing of ancillary services and the opportunity to trade that make an area with a free market prosperous. There are no truly free markets around today. The Ottoman Empire and parts of North and West Africa saw some of the last prominent examples of what we are describing. Significantly these were all operated under Islamic governance. The Muslims recognised the importance of the market and made no bones about keeping it clean, in every sense of the word. It is that historical model that is the most accessible to our scrutiny today in terms of the necessary detail. If we do that we will see that the market reflects certain conditions in the society. Namely clear and accepted leadership, clear and commonly accepted moral principles and an efficient judicial system. It did not mean that all the traders were Muslim, far from it, these markets attracted traders from far and wide, but it was known for example, that in the Islamic market, one would not openly consume or sell alcohol or pork. So it must be clear that the leadership of all the prominent and active groups amongst us need to cooperate in order to determine common principles for our own communities. This combined with a clear political leadership will  be the beginning of redefining what we can call a Black Economy. The task of charting a common way forward for the black community has been set in motion by those involved in the New African Global Alliance (see notes).

Where there is trade there are trade disputes therefore there needs to be an authority in the market responsible for arbitration He or she may be referred to as the judge, qadi, steward, sheriff or some other title. Disputes are settled there and then in the market and the judge’s decision must be implemented immediately. This brings us to the question of the other personnel needed to run the open market efficiently. They would include security staff, maintenance staff, market supervisors, administrators cleaners and messengers. They would use the common tools of their trade including computers, and closed circuit television.

You may wonder how it is that you have all these staff and yet charge no rental for stall space but we will come to that shortly. First we have to look at this question of the medium of exchange or money. It is important that we understand that the concept of legal tender is diametrically opposed to the concept of a free and open market. If you are selling a product I want and I have something you want then a straight forward exchange is possible which we call bartering. However, this is often not the case so I would be forced to go around bartering until I get something you will accept in exchange for what I want from you. The solution is a medium of exchange acceptable to everybody, something of value in itself.

In examining this issue one’s attention is drawn to two very interesting schemes currently in operation, the Local Exchange Trading System (LETS) in Stroud (England), and a similar system in Ithaca New York. Both schemes are aimed at facilitating the barter of products and services in their local communities and eliminating the necessity for using banknotes. The Stroud scheme now boasts hundreds of members and both produce directories of those participating in the scheme. The scheme is backed up by an increasingly beaureacratic system of debits and credits and balances not unlike the modern clearing systems used by banks. In Ithaca in particular the use of locally printed currency has become increasingly popular using local materials and designs. These schemes are now being seconded by the state which is a sure sign of their compatibility with the very system they set out to challenge. Indeed, the so called Stroud Pound and Ithaca Hour are valued in terms of the pound and the dollar respectively meaning that there is no real autonomy. Indeed the Ithaca Hour is treated just like the US Dollar as this quote from Ira Katz, an Ithaca member, clearly demonstrates:

  1. “Tompkins County District Attorney George Dentes has ruled that couterfeiting Ithaca Hours would be a felony– second degree forgery of a financial instrument–punishable by 2.3-7 years in jail.”

Barter is simple and therefore anything that aids the process of barter must also be simple. These schemes ultimately do not challenge the monopoly of paper money they can only support it. Their great advantage is their effectiveness in keeping resources and wealth circulating within a local community. The prospects they offer for international or even national trade are much more limited.  A medium of exchange must be something easily transferable, moveable and readily accepted. Something that, unlike our pounds and dollars, does not begin to depreciate the moment it goes into our pockets. Cowrie shells, salt, copper and rice have been known to be used in different places at different times. However, two commodities have always remained universally acceptable up until the present day, namely gold and silver.

There are communities around the world, including this country, who are minting gold and silver coins and who use them when they trade amongst themselves. Our leaders, and every responsible man and woman, must take it upon themselves to grasp the enormous significance of this. There are people amongst us familiar with these issues and who are involved in the distribution and use of these coins. They understand this crime of usury and how it affects our community, and that understanding is something we all need to take on as a matter of priority.

The other important building block is the formation of Traders Associations and ultimately the restoration of the Traders and Manufacturers Guilds. It is elimination of usurious trading practices and implementation of just and fair business contracts that will enable the traders to fulfil their historical, fundamental, economic and social roles. Unfortunately a fuller examination of this subject is beyond the scope of the present article.

Let us now look at the market in operation and some of the rules that have to be upheld which include:

  1. • Only selling in the designated trading areas;
  2. • no selling from workshops, offices or store rooms;
  3. • all trading must be open for scrutiny;
  4. • no permanent pitches and no reserving of space;
  5. • all stalls on a first come first serve basis;
  6. • no selling of products deemed illegal;
  7. • no usurious trading practices.

The market authority will only intervene if someone is clearly contravening the rights of others or if there is a justifiable complaint.

The running of the market is in the first instance financed by the renting of storage space and workshops. So in the purpose built open market you could for example have the main trading areas situated on the ground floor and the storage and workshops on the above floors, not unlike some modern shopping centres. Other income will be derived from other ancillary services that become necessary such as the rental of catering equipment and physical stalls and parking fees to the public. In the Islamic model the markets were established on free land designated by the rulers, or the wealthy and influential were called upon to set up charitable endowments for the same purpose. The deed of endowment was drawn up before the judge under the direct authority of the reigning Sultan so as to avoid any corruption or abuse of power in the process and also as a mark of its significance as a factor in urban development. It is these same institutions that would have been responsible for the maintenance of the mosques, hospitals, public baths, schools and  hostels.

Free markets have been replaced by monopolistic distribution. The free markets meant the movement of merchandise for public sale while monopolistic distribution represents the movement of goods already sold. For with the supermarkets the movement of goods is the delivery of products to them that they already own. No one else gets a look in. Monopolistic distribution kills free trade and the free trader. It is the traders travelling between the open markets that constituted the old time Trading Caravans. Our own traders travelling between the new markets will constitute the modern day caravans or Trading Delegations and it is no less than access to open markets that will move Africa and the Caribbean from being some of the most impoverished places in the world to some of the wealthiest.

Today many desiring to trade freely in an open market are forced into cyberspace on the internet with its unlimited and easy access. Stories abound concerning the money made by quick thinking and shrewd traders, but the proposed future of the internet will be a ‘virtual’ repeat of the story of the marketplace except that it will be much quicker. The monopolies are now moving in with the sole purpose of taking effective control of the whole internet setup and we now hear that the Microsoft magnate Bill Gates is prepared to spend literally billions of dollars pursuing this aim. We may rest assured that it is not a charitable endowment he has in mind.

This article has been written with the aim of propagating the kind of thinking and action that will enable us to work towards establishing a new economic framework, not for its own sake but because in the final analysis we are left with no other choice. As a first step we strongly recommend the publication Trade First and The Forbidden Dialogues (see bibliography) as compulsory reading for those who wish to acquire a firm grasp of the historical and economic context together with a clear tactical appreciation of the following:

  1. • The formation of traders alliances/associations and ultimately guilds;
  2. • the minting of gold and silver currencies;
  3. • the strategic use of gold and silver as the medium of exchange in transactions;
  4. • eliminating the use of oppressive business contracts amongst each other;
  5. • the leadership of all politically active groups initiating a programme of education around these issues.

African Market:   A market  situated in a African community and under the authority of the leadership of that community with free and equal access to all who wish to trade without usury or monopoly within the just parameters prescribed by that authority.

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Selected Bibliography

Building Sound Economic Foundations (part 1)  Carberry A. & Morrison U. – Alarm Magazine (issue 12 – May 1995)

Developing a Free Society  Dockrat H. – The Institute for Human and Environmental  Development

The Islamic Market   Vadillo U. – Murabitun World Movement

Last of the Lion Kings   Carberry A. & Morrison U. – Black Stone Press

The Return of the Gold Dinar  Vadillo U. – Madinah Press

Trade First  Ibrahim-Morrison. U. – Black Stone Press

The Forbidden Dialogues  Ibrahim-Morrison. U. – Black Stone Press

Related Topic:

Click link to download: Aḥkaamu-s-Suuq (The Rules of the Market )

Mālikī fiqh text concerning the rules governing the operation of the market 

Published in: Uncategorized on June 7, 2012 at 04:30  Leave a Comment  
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AlMaliki22’s Channel: Course: Matn Al Ashmaawiyyah Taught in English by Ustadh Abdush Shakur Brooks


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