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Khawarij Ideology, ISIS Savagery: Part II

Sh Abu Aaliyah Surkheel charted the rise of Islam’s first heterodox sect, the Khawarij, in the first segment of this series.

The Khawarij are those who were described by the Prophet ﷺ as being: ‘the worst of mankind and beasts’1 and ‘dogs of Hellfire.’2 We saw how their defining traits were: (i) rebellion (khuruj) against legitimate state rule; (ii) declaring Muslims to be apostates (takfir) for sins or opinions that do not warrant apostasy and; (iii) shedding peoples’ blood and causing chaos and terror throughout the land (fasad fi’l-ard). Such have tended to be this heinous group’s timeless traits.

Whatever other motives or pathology are at work in the Khariji mind, the underlying cause of their deviation was clearly stated by Ibn ‘Abbas when he said to them, in his encounter with them: ‘I come to you from the Emigrants (muhajirun) and the Helpers (ansar) and the son-in-law of Allah’s Messenger ﷺ. To them the Qur’an was revealed. They are more learned about its meanings than you are; and there is not a single one of them among you.’3 In other words, Ibn ‘Abbas is insisting that he has come from a people educated and nurtured by the Prophet ﷺ himself; a people whose knowledge of the meanings, context and intent of the Quranic teachings is second to none. It’s as if he was saying: ‘Pray tell, with what authority do you presume to know better than the sahabah – the actual people of knowledge, understanding and excellence?’

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With that short recap, let’s now turn our focus to ISIS. At the outset, it is important to note that no single writing of this size can hit every relevant nail on the head in this affair. There are far too many questions and concerns to tackle for that to realistically happen. Nor is this piece meant to be academically exhaustive or politically thorough. Instead, the purpose is to compare the claims and modus operandi of ISIS with that of Islam’s well-established juristic norms, and to show how they are the most recent face of Kharijite misguidance, barbarity, indiscriminate killings and takfirism.

I’d also like to stress here that not all those waging jihad in Syria are the ISIS/al-Qaeda types. Many groups and individuals are; but not all. Likewise, not all who are fighting under, or migrating to, the ISIS banner deserve the same ruling or description. While it is true that many (or even most) ISIS-affiliates are no more than thugs, deviants and followers of false desires; others are sincere, but betaken with idealism and naivety; or are ensnared by claims of an alleged caliphate (khilafah) and misled into believing the grass is greener on the other side.

Yet since ISIS has a clear-cut command structure, and its ideology and decrees come from top down, there is sufficient enough shari‘ah justification to be able to describe the group in collective, generic terms – even if not every individual affiliated with the group fits the description. This shall be the stance I take when writing this blog. So to continue on from Section III of the first part of the blog, let’s start with a declaration from the leader of ISIS:

IV

On May 14th, 2015 Abu Bakr al-Baghdadi, the alleged khalifah of all Muslims, said in a 34 minute audio address: ‘O Muslims, Islam was never for a day the religion of peace. Islam is the religion of war. Your Prophet ﷺ was dispatched with the sword as a mercy to the creation.’4 The issue of jihad and Islam’s attitude to war is as good a place as any to start our examination of ISIS.

Without a doubt, jihad in the sense of qital (“fighting”, “military war”) is enjoined on the faithful at numerous places in the Qur’an and is seen as a highly meritorious form of duty and sacrifice in Islam. Al-Raghib wrote about the schematics of jihad in these terms: ‘Jihad is of three types: jihad against the apparent enemy; against the devil; and against the ego (nafs). All three types are included in Allah’s words, exalted is He: And wage jihad in Allah’s path with all the striving that is due to Him. [22:78] And wage jihad with your wealth and your lives in the way of Allah. [9:41] … Jihad is to be waged with the hand and the tongue, as he [the Prophet] ﷺ said: “Wage jihad against the unbelievers with your hands and your tongues.”5’6

Undeniably, then, military or armed jihad is well-attested to in the revealed texts.7 Yet to equate this one virtuous act of the faith with the totality of Islam is nothing short of being perverse or pathological.

The self-proclaimed Caliph and so-called caretaker of the ummah has nothing to say about prayer, fasting or pilgrimage. No significant exhortation to piety or to purifying the heart. No word about cultivating good morals and ethics, or kindness to parents, fulfilling contracts or guarding the tongue. There’s just a call to fighting, violence and shedding blood. The slick ISIS media output is filled with images of blood and gore; of victims in the process of being executed, burnt or beheaded; and children playing amidst decapitated heads. ISIS wants us to believe this is the real Islam; that this is the spirit of a true Muslim: and that anyone who recoils from such imagery is but a pale reflection of the real deal. In the ISIS reading of Islam, this is how the Prophet ﷺ was. This is what al-Baghdadi is hell bent on making us believe. In fact, this is what so many in the world have come to believe; and it utterly repulses them.

So what was the Prophet’s attitude ﷺ to war? And how does the shari‘ah, the Sacred Law of Islam, countenance war?

In classical Islam, warfare is regulated by an all-important shari‘ah dictum that states about jihad: wujubuhu wujubu’l-wasa’il la al-maqasid – ‘Its necessity is the necessity of means, not of ends.’8 Indeed, Islam’s overall take on war is best seen in the following declaration of our Prophet Muhammad ﷺ: ‘Do not wish to meet your enemy, but ask Allah for safety. If you do meet them, be firm and know that Paradise lies beneath the shades of swords.’9 That is to say, pursue the path of peace and reconciliation; if such a path be denied by belligerence or hostile intent, then be prepared to act differently. The following hadith might also be used as a support: ‘After me there will be conflicts and affairs. If you are able, resolve them peacefully.’10 Also revealing are these words of the Prophet ﷺ: ‘The most detested of names to Allah are War (harb) and Bitterness (murrah).’11

All this is a far cry from the ISIS reinvention of the Muslim personality and from their irreverent portrayal of the Prophet ﷺ. If anything, their portrayal is more a betrayal. Jihad of the military kind, as we have seen, is not a goal in itself; it’s a means to a goal: the free and unhindered invitation to Islam and the summons to worship Allah alone. Let’s not forget this martial jihad has rules and codes of conduct too. Among them is that the leader carefully evaluate the potential benefits and harms of armed struggle; ensure civilians and non-combatants are not killed or wilfully attacked; abide by the other sanctities upheld in Islam; and keep in mind receptivity to the call (da‘wah) to Islam.

ISIS, however, seems not to give much thought about receptivity to Islam, nor about sanctity of life – including Muslim life. Despite their claims to uphold the shari‘ah, the list of their atrocities and violations reads like an Argos catalogue. These involve: the indiscriminate killing of Muslims; kidnapping and killing of non-Muslims who have entered Muslims countries as aid workers, journalists or under a covenant of security; torturing and killing prisoners as well as mutilating their bodies; exacting revenge and retribution upon the public if they disagrees with ISIS; illegally seizing the wealth and property of Muslims; and, of course, their rampant takfir of a large numbers of Muslims – scholars and mujahids included. It seems the only difference between ISIS and the Khawarij of earlier times is in the sheer scale of ISIS’s takfir, bloodshed and savagery. In this sense, ISIS are not Khawarij, they are ubër-Khawarij! And nor should one be taken in by their apparent Islamic rhetoric. For the Prophet ﷺ warned about the Khawarij thugs that: ‘There shall appear in my ummah schisms and divisions, and a people who will beautify their speech, but their actions will be evil. They shall recite the Qur’an, but it will not pass beyond their throats …’12 Also: ‘They shall recite the Qur’an thinking it is for them, but it is against them.’13 And that: ‘They would call to the Book of Allah, but would not be from it at all.’14

V

In the same audio speech, al-Baghdadi goes to great lengths to rally every able-bodied believer to his cause: ‘Muslims! Do not think the war that we are waging is the Islamic State’s war alone. Rather it’s the Muslims’ war altogether. It’s the war of every Muslim in every place, and the Islamic State is merely the spearhead in this war. It is but the war of the people of faith against the people of disbelief, so march forth to your war O Muslims.’15

This brings us to another crucial aspect about jihad in Islam: who may be fought? Are Muslims required to wage jihad against disbelievers due to their disbelief (kufr)? Imam Ibn Taymiyyah takes up the issue, stating: ‘The disbelievers, they are only to be fought on condition of them waging war first – as is the view of the majority of scholars; and as is proven by the Book and the Sunnah.‘16 Which is to say, Islam permits fighting disbelievers, not because of their disbelief, but only if they initiate war against Muslim societies, or manifest belligerence towards them. The Qur’an says: Fight for the sake of Allah those that fight against you, but do not transgress the limits. [2:190]

Ibn al-Qayyim, another medieval maestro of Islamic jurisprudence, wrote: ‘Fighting is only a duty in response to being fought against, not in response to disbelief. Which is why women, children, the elderly and infirm, the blind, or monks who stay out of the fighting are not fought. Instead, we only fight those who wage war against us.’17

Ibn al-Qayyim also stated about the Prophet ﷺ: ‘Never did he force the religion upon anyone, and he only fought those who waged war against him and fought him. As for those who entered into a peace treaty with him, or concluded a truce, he never fought them, nor ever coerced them to enter his religion, abiding by his Lord’s order: There is no compulsion in religion. True guidance has become distinct from error. [2:256] … It will be clear to whoever ponders the life of the Prophet ﷺ, that he never coerced anyone to enter his religion and that he only fought those who fought against him first. As for those who ratified a peace treaty with him, he never fought them, provided they kept to their covenant and did not violate its terms.’18

Again, the issue of jihad isn’t quite as ISIS makes it out to be: ‘It is but the war of the people of faith against the people of disbelief.’ Rather, as per the above, and as most of the qualified jurists and recognised fatwa bodies of our time hold – and their word in shari‘ah affairs is authoritative and represents orthodoxy – that a state of war shall not exist between Muslims and others except if hostility against a Muslim land is initiated or barriers to da‘wah erected.19

As for when the Muslim army is in the thick of a religiously-sanctioned war, then this is where the following verses of the Qur’an (and their like) come into play: Slay them wherever you find them; drive them out of the places from which they drove you. [2:190-91] Also: Slay the idolaters wherever you find them, and take them [captive] and besiege them, and lie in ambush for them everywhere. [9:5] And then, of course, there is this: But if they incline towards peace, incline to it too. [8:61]

Lastly, let’s touch upon the following: the believer’s love of martyrdom. In one hadith, we see the Prophet ﷺ relish the following: ‘By Him in whose hand is my life. I would love to be killed in Allah’s way and then be brought back to life; then be killed and be brought back to life; then be killed and be brought back to life; then be killed.’20 The Prophet ﷺ cherished martyrdom, not because of the love of blood and gore; nor for the glory of war itself; nor for the clanging of steel or the thrill of the fight. He loved it because of what it manifested of the highest service and the ultimate sacrifice for God. To surrender to Allah one’s actual life, for a cause Allah loves and honours, is the greatest possible expression of loving Allah. It’s no wonder, then, that the Prophet ﷺ said: ‘Whosoever dies without partaking in a military expedition, or even desiring to do so, dies upon a branch of hypocrisy.’21 Believers, though, whilst they long to meet a martyr’s death, strive to live a saintly life. For how can one truly desire to die for God, if one doesn’t sincerely try to live for God?

VI

ISIS has no qualms in shamelessly flaunting its cruelty and deviancy. Although the so-called khalifah hides away from the public’s gaze, the khariji ideology and attitudes he propagates and presides over are on display for all to see. But ideology isn’t always the core appeal. Some are drawn to ISIS, not because of its ruthless ideology, but because for them it represents a rallying force against taghut rulers, establishments that have failed them, and western foreign policies. The claim to have reestablished the khilafahis the ultimate rallying force to galvanise the disaffected and disempowered. But has ISIS really reestablished the Caliphate? Is Abu Bakr al-Baghdadi truly the khalifah, the amir al-mu’minin, of all Muslims? Is there an Islamic duty upon each of us to give him the oath of allegiance, or bay‘ah? The short answer to all these questions is: Of course not! And here are a few reasons why:

1. The khalifah must be appointed by consultation (shura) of the ummah’s movers and shakers: its senior scholars, political leaders, wealthy ones, and any others who exert influence on large factions of the ummah and whose agreement is vital to bring about a unified stance. Without their approval, any claims of a khilafah is both unachievable and illegitimate. If anything, it will have the exact opposite effect. It will be the cause for schisms, divisions and civil unrest to erupt. ‘Umar, may Allah be pleased with him, said: ‘Whoever gives the oath of allegiance to a man, without consulting the Muslims, is not to be sworn allegiance to, nor is the one whom he swore allegiance to, for fear they both may be killed.’22 From this angle alone, there simply is no shari‘ah legality to al-Baghdadi’s claim to be khalifah. For consultation with a few unknowns and misfits doesn’t count as shura in such a key public affair.

2. Shaykh al-Islam Ibn Taymiyyah wrote: ‘The Prophet ﷺ ordered us to obey leaders who were both present and well-known (al-a’immah al-mawjudin al-ma‘lumin); those who wield executive political authority and have the capability to address the political needs of the people. He did not [order us with] obedience to leaders who are absent or unknown; or to those who lack executive authority and have no real governing power over anything.’23 So these are a few more reasons which make al-Baghdadi’s claim of being caliph bogus. He’s an unknown (as are the many former high-ranking Ba’athists he’s chosen to fill top organisational positions in ISIS). Moreover, his political clout is confined; it doesn’t extend globally, nor reach into Muslim majority countries.

3.  Ibn Hajr al-‘Asqalani wrote of one of the pragmatic rulings that have shaped Sunni political theory and its rules of governance (ahkam al-sultaniyyah): ‘The scholars have united upon the obligation to obey the ruler who gains ascendency by force … For in it lies preservation of blood and public order.’24 The rationale here is quite simple: al-bay’ah khayrun min al-furqah – ‘Oath of allegiance is better than dissension.’25 Now it has been argued that since al-Baghdadi and ISIS have conquered territory and gained sovereignty by force, this somehow makes him khalifah. This is nonsense; as shown by the previous point. At best, ISIS is an emirate and al-Baghdadi is its amir, or leader. At worst, it temporarily controls conquered territories in an ongoing war zone, and al-Baghdadi a calculated fitnah-maker falsely claiming the title of Caliph; splitting the ranks of those who are fighting Syria’s tyrant; and turning his guns on mujahidun and anyone else who disagrees with his caliphal claim. Either way, ISIS most certainly isn’t a khilafah by any stretch of the imagination. Those that aid and abet ISIS, only aid and abet murder, mayhem and misguidance.

Then there’s the matter of whether multiple rulers (ta‘addud al-a’immah) are lawful or not in Islam, or are Muslims always required to be politically unified under one single ruler or caliph? Here’s an outline of the issue:

4. After citing the hadith, ‘Whoever comes to you whilst your affairs are unified under a single person, seeking to undermine your unity or divide your ranks, execute him,’26al-Qurtubi remarked: ‘This is the strongest evidence prohibiting the establishment of two leaders [simaltaneously]. For this will lead to hypocrisy, dissension, schisms, civil strife and the removal of blessings. But if the lands are far apart and independent, like Anadulsia and Khurasan, it becomes permissible.’27

5. First stating the ideal, then supplying this dispensation on the topic, Ibn Taymiyyah wrote: ‘The Sunnah is for the Muslims to have a single ruler (imam), with others being his deputies. But if it happened that the ummah left this, due to sin from some and inability from others, so that it had multiple rulers, it would them be incumbent upon each ruler to establish the prescribed punishments and preserve peoples’ rights.’28

6. Adapting to the changing realities and seismic political shifts of the eighteenth and nineteenth century Muslim world, the jurist and murajjih, Imam al-Shawkani, stated: ‘However, as for after Islam became widespread and had reached many far away lands, then as is known, there arose in each province or territory a state with its own leader or ruler. This happened in all regions. The authority of each of them does not extend to the area of others, hence there is no harm in there being a number of leaders and rulers. Obedience to each of them, after the oath of allegiance, is obligatory upon the people of that area where his orders and prohibitions are operative. The same goes for the ruler of each area … So realise this. For it is in full accord with the principles of the shari‘ah and agrees with what the texts indicate. Ignore what is said contrary to this, since the difference in the condition of the rule of Islam in the beginning and the condition today is clearer than the daytime sun.’29

7. Although Muslims being split into countries, states and kingdoms is nowhere near ideal – given that sectarian strife and political discord exists in and among them; and many of their rulers are shabby tyrants, unfit for purpose, or have betrayed their trust as political caretakers – there is no shari‘ah duty to establish the khilalfah via terror or savagery or the destruction of peoples’ lives, property and honour. As the saying goes: al-‘aqil la yubni qasr wa yahdamu misr – ‘The intelligent one does not build a palace by laying waste to the city.’ Rather, each subject or citizen lends their hand to obedience and law-abidingness, in that which does not entail disobedience. Shaykh Muhammad ibn ‘Abd al-Wahhab said: ‘For a very long time, since before the time of Imam Ahmad, till nowadays, the people have not united under one single ruler. Nor is it known that any of the scholars have said that there is any ruling which is not correct except with the greater imam (al-imam al-a‘zam).’30

In Part 2, we’ve seen reasons why ISIS’s claim of a caliphate is fraudulent and invalid, and how some of its key views on warfare and jihad do not reflect normative readings or attitudes at all. ISIS, rather than being a true defender and carer of Muslim sanctity and lives, has gone out of its way to murder Muslims and perpetrate violence against them on a horrific scale. That their glossy media machine is now pushing the-idyllic-life-in-the-Islamic-State image, more than their usual blood and gore one, should not hoodwink anyone. If ISIS had done what they’ve done, under the name of politics and power grabbing, that would have been one thing. But it has done so under the name of Islam; using Islamic rhetoric; trying to justify its deeds with gross misreadings and misapplications of shari‘ah texts. This is what makes ISIS so utterly shameless. This is what makes ISIS so Khawarij-like in its self-righteous obstinacy. We ask Allah that He guide us and them and forgive us our sins. We also ask Him that He steer them aright or break their backs.

As for my brothers and sisters whose hearts have not been dulled by the dunya; whose souls yearn to strive in Allah’s cause; whose blood flows with the love of tawhid, piety and justice; but who may have become persuaded by the ISIS narrative or feel inclined to its call – please think! Think about the proofs and arguments laid out here, as well as the words of the people of knowledge cited here. Do not dismiss them out of hand merely because the heart of the one writing this has long ago been numbed by dunyaand courage no longer courses through his veins. Instead, think about what is written here on its own merits. Consider it carefully. Consider also the many hadiths which warn against the Khawarij, and how they shall appear throughout time – even until close to the End of Days. Then ask yourselves: Who do these numerous hadiths refer to in our present day and age? Who best fits their description in these recent times? And then, with anger and emotion aside, be led by knowledge, piety and the courage of your conviction; and see ISIS for what it truly is. As for those preparing to secretly sneak away from home and join the so-called caliphal caravan, let me leave you with the following:

Describing how the Khawarij sent a call out to recruit people, urging them to secretly leave their homes and join their ranks, al-hafiz Ibn Kathir wrote: ‘How superb is what one of the salaf said about the Khawarij, in that they are the ones mentioned in Allah’s words, exalted is He: Say: ‘Shall We tell you those whose works will bring the greatest loss.’ Those whose efforts have been wasted in the life of this world while they thought they were doing good. Those are they who disbelieve in the signs of their Lord and the encounter with Him. Therefore their works are in vain, and on the Day of Resurrection We give no wait to them. [18:103-5] The point is that such ignorant and misguided ones, wretched in both words and deeds, agreed upon rebelling against the Muslims …’31

After stressing how their self-righteousness is so entrenched, that they go through life working mischief and misguidance, thinking that they are acquiring virtue, Ibn Kathir then said:

‘They then wrote an open letter to whoever was upon their way and path in Basra and elsewhere, sending word to tell them to meet them by the river so they could form a single hand against the people. They then began to leave, sneaking out one by one, lest it was realised and they were then prevented. They left from amidst their fathers and mothers, and uncles and aunts; leaving all their near ones. They did this thinking, in their ignorance and in their lack of knowledge and understanding, that this matter would please the Lord of the heavens and the earth. What they didn’t realise was that this was one of the worst of the major sins and destructive deeds, and one of the most contemptible of wrongdoings; and that it was made to look appealing to them by Iblis and by their egos which constantly incited towards evil. A group realized what some of their children, cousins and brothers were up to, so they stopped them, restrained them and censured them. Thereafter, some turned back and continued to be upright, while others fled and joined the Khawarij and thus were made wretched until the Day of Resurrection.’32

Abu Aaliyah is the founder of The Jawziyyah Institute, a leading institute for Islamic moderation and contemporary thought in the United Kingdom. Sidi Abu Aaliyah has been in involved in da’wah and Islamic teachings since 1986. He has translated a number of books from the Arabic language into English such as “The Exquisite Pearls”. Abu Aaliyah’s written works and audio lectures can be found online. He blogs at thehumblei.com

1. Muslim, no.750.

2. Ibn Majah, no.176. Al-Albani graded it as sahih in Sahih al-Jami‘ al-Saghir (Beirut: al-Maktab al-Islami, 1987), no.3347.

3. Cited in Ibn al-Jawzi, Talbis Iblis (Beirut: Dar al-Qalam, 1982), 89-90.

4. Dabiq (issue #9: Sha’ban, 1436), 52; the official online magazine of ISIS. The quote starts 13 minutes, 12 seconds into the audio.

5. Abu Dawud, no.2504. Its chain is sahih, as per al-Nawawi, Riyadh al-Salihin (Riyadh: Dar Ibn al-Jawzi, 2000), no.1357, but with the wording: ‘ … with your wealth, lives and tongues.’

6. Al-Raghib al-Asbahani, Mufradat Alfaz al-Qur’an (Beirut: Dar al-Qalam, 2002), 208; under the entry, j-h-d.

7. For the merits and shari‘ah status of the inner jihad against the unruly ego, refer to my article: The Greater Jihad.

8. Ibn Hajr al-Haytami citing al-Zarkashi, Tuhfat al-Muhtaj bi Sharh al-Minhaj (Beirut: Dar Sadir, 1972), 9:211.

9. Al-Bukhari, no.3024; Muslim, no.172..

10. Ahmad, Musnad, no.695. Its chain was graded sahih by Ahmad Shakir, al-Musnad al-Imam Ahmad bin Hanbal (Egypt: Dar al-Ma‘arif, 1954), 2:84-5, despite the presence of two questionable narrators in the chain: Faysal b. Sulayman and Iyas b. ‘Amr.

11. Abu Dawud, no.4950. The hadith, with its various chains, strengthen each other to yield a final grading of sahih. Consult: al-Albani, Silsilat al-Ahadith al-Sahihah (Riyadh: Maktabah al-Ma‘arif, 1987), no.1040.

12. Abu Dawud, no.4765. The hadith was graded sahih in al-Albani, Sahih al-Jami‘ al-Saghir (Beirut: al-Maktab al-Islami, 1986), no.3668.

13. Muslim, no.1066.

14. Ahmad, no.1338, and it is sahih. Consult: al-Albani, Sahih al-Jami‘ al-Saghir (Beirut: al-Maktab al-Islami, 1986), no.3668.

15. Dabiq (issue #9: Sha’ban, 1436), 54.

16. Kitab al-Nubawwat (Beirut: Dar al-Kutub al-‘Ilmiyyah, 1985), 140.

17. Ahkam Ahl al-Dhimmah (Dammam: Ramadi li’l-Nashr, 1997), 1:110.

18. Hidayat al-Hiyara (Makkah: Dar ‘Alam al-Fawa’id, 2008), 29-30.

19. Consult: al-Khallaf, al-Siyasat al-Shar‘iyyah (Cairo: Matba‘ah al-Salafiyyah, 1931), 75. In an age of the Internet and social media, it’s almost nigh on impossible for countries to erect barriers to prevent the da‘wah to Islam.

20. Al-Bukhari, no.2797; Muslim, no.1497.

21. Muslim, no.1910.

22. Al-Bukhari, no.6830.

23. Minhaj al-Sunnah (Riyadh: Jami‘ah al-Imam Muhammad ibn Sa‘ud, 1986), 1:115.

24. Fath al-Bari Sharh Sahih al-Bukhari (Cairo: al-Dar al-‘Alamiyyah, 2013), 15:593.

25. See: al-Shatibi, al-I‘tisam (Amman: al-Dar al-Athariyyah, 2007), 3:46.

26. Muslim, no.1852.

27. Al-Jami‘ li Ahkam al-Qur’an (Beirut: Dar al-Kutub al-‘Ilmiyyah, 1996), 2:30.

28. Majmu‘ Fatawa (Riyadh: Dar ‘Alam al-Kutub, 1991), 35:175-76.

29. Al-Sayl al-Jarrar (Beirut: Dar al-Kutub al-‘Ilmiyyah, 1985), 4:512.

30. Al-Durar al-Saniyyah fi’l-Ajwibat al-Najdiyyah (n.p., 1995), 9:5.

31. Ibn Kathir, al-Bidayah wa’l-Nihayah (Dar al-Hijr, 1998), 10:580.

32. ibid., 10:581.

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Abu Aaliyah is the founder of The Jawziyyah Institute, a leading institute for Islamic moderation and contemporary thought in the United Kingdom. Sidi Abu Aaliyah has been in involved in Dawah and Islamic teachings since 1986. He has translated a number of books from the Arabic language into English such as "The Exquisite Pearls". Abu Aaliyah's written works and audio lectures can be found online.

14 Comments

14 Comments

  1. Pingback: » Khawarij Ideology, ISIS Savagery: Part One

  2. Avatar

    Akhi

    October 9, 2015 at 7:05 AM

    As Salaamu alaykum wa RahmatUllah Abu Aaliyah. Thanks for this 2nd edition challenging and undermining this narrative and worldview. What I feel is unaddressed and seems to be skirted around is these groups shameless attitude to reinstitution of slavery. I dont understand why this matter is being skirted around. It needs to be addressed as it ties into the matter of the sanctity of the human beings. Why would they use extensive scriptural justification on this topic particularly to support reenslavement whilst we focus on their illegitimacy. Once again may Allah reward you for your efforts and perhaps you can engage this topic esp. for those of black backgrounds (like me) who see a direct link between not addressing their slavery causing harm to : 1) dawah and 2) istiqaamah amongst black communities whether muslim or non muslim. How do we reconcile muhammad Ali, malcolm x, bilal (radiyAllahu an) etc etc with fervent desire to enslave, rape and humiliate people? I can’t answer this to people who’d be asking this and i’m concerned in months of research no one has cared about giving me or other muslims the tools to answer this. As Salaamu alaykum wa RahmatUllah.

    • Avatar

      Raadiya

      October 9, 2015 at 11:10 PM

      Wa alykumu salam,
      If you would like to learn more about Islam and Slavery you could watch these two lectures by Yasir Qadhi and Omar Suleiman:

      https://youtu.be/5sjuwzJl9SY

      -https://www.youtube.com/watch?v=pR50Lw_16zo

  3. Avatar

    Akhi

    October 9, 2015 at 7:09 AM

    A bit convoluted after re- reading the above ( i feel strongly about this thats why). In short please address their scriptural justification of institutionalised mass enslavement, rape and humilitation

    • Avatar

      John

      October 10, 2015 at 2:43 PM

      No one can’t justify that. That is the point for the first response. We may play with words skirting the underlying issue, but it will not go away.
      Therefore, why are not all true Muslims expressing outrage with this crazy behavior?
      You may meditate about it, look it up on google :), read the kuran five times, read the Torah, and the Bible to look for justification, but there is none.

      We could instead talk about Abrahim, and invite all believers of God to talk about how To stop ISiS from this craziness, cut their ties with Moslem related matters, and start addressing them as the criminals they are.

  4. Avatar

    Peace

    October 13, 2015 at 3:13 AM

    A positive and constructive article.

  5. Avatar

    Aafia

    October 16, 2015 at 2:43 PM

    Masha Allah.
    There is a book too on ISIS.And it is “REFUTING ISIS”,by Shaykh Muhammad Al-Yaqoubi which gives a plethora of proofs that demonstrates ISIS’ actions do not represent Sunni Islam and its claims are based on clear fallacies.Authentic quotes and references are given that destroy the allegations of ISIS.

    If anyone would like to read the review of book,they can read it here:

    http://islamhashtag.com/refuting-isis-book-review/

  6. Avatar

    Observer

    October 27, 2015 at 8:24 PM

    To be honest, what I understand from this article (both parts) is that this ISIS phenomenum remains an enigma to the mainstream scholars, with all due respect. You quote (albeit out of context) Ibn Taimiyya, Ibn Qayyim, Sheikh Muhammad Ibn Abdulwahab and even from the seerah of our beloved cheerful warrior Prophet صلى الله عليه و سلم while ironically those are the very mentors and inspirers of ISIS.

    You interestingly say ISIS kill “mujahidun” in Syria… (don’t even want to go into that double standard).

    By the way, Ibn Taymiyya, Ibn Qayyim and Muhammad Ibn Abdulwahab رحمهم الله were all classified as “khawarij” by the mainstream scholars during their times. *scratches head*

    May Allah guide us to and make us steadfast on the truth and “break the backs” of those trying too hard to stand in the way. Ameen Yaa Rabb

    • Surkheel

      Surkheel

      October 30, 2015 at 12:09 PM

      Observer: Thank you for your frank and succinct comment. Although it would have been useful if you had briefly noted how Ibn Taymiyyah and co. were cited out of context. That could have given me something to work with.

      As for quoting such scholars, the main reason for doing so was that these are the main religious authorities that ISIS respect and look up to; and it was/is a matter of reaching out to hearts and minds. So there really is no irony here, nor any incredulity so as to get into head scratching.

      As for the accusations of being Khawarij, you are most certainly right in the case of Ibn ‘Abd al-Wahhab. But as for Ibn Taymiyyah and Ibn al-Qayyim, I’m not aware of their contemporaries labelling them as such. The common charge against them was that of anthropomorphism, and of violating an ijma’ in a few other doctrinal and fiqhi issues.

      Your brother,
      Surkheel Abu Aaliyah

    • Avatar

      Zaid

      November 28, 2015 at 1:43 PM

      Very true comment never fear for telling the truth

  7. Avatar

    Knockknock

    November 25, 2015 at 2:56 AM

    “the self styled Caliph has nothing to say about prayer fasting or pilgrimage”.
    Here’s his speech from Ramadan just last year :
    We congratulate the ummah (people) of Islam, in the East and in the West, on the advent of the blessed
    month of Ramadan, and we praise Allah (the Exalted) for allowing us to reach this virtuous month.
    Al-Bukhārī and Muslim reported on the authority of Abū Hurayrah (may Allah be pleased with him) who
    narrated that the Messenger of Allah (peace and blessings be upon him) said, “Whoever fasts the month
    of Ramadan, having faith and anticipating a reward, will have his past sins forgiven.” He also said,
    “Whoever stands in prayer in the month of Ramadan, having faith and anticipating a reward, will
    have his past sins forgiven.”
    So congratulations to you, O slaves of Allah, as Allah has allowed you to reach this noble month. Praise
    Allah and thank Him for having granted you long lives, thereby giving you a chance to correct your past
    deeds. Meet the month of Ramadan with sincere repentance and truthful resolve.
    {O you who have believed, repent to Allah with sincere repentance. Perhaps your Lord will remove
    from you your misdeeds and admit you into gardens beneath which rivers flow [on] the Day when
    Allah will not disgrace the Prophet and those who believed with him} [At-Tahrīm: 8].
    {And hasten to forgiveness from your Lord and a garden as wide as the heavens and earth, prepared
    for the righteous} [Āl-‘Imrān: 133].
    Source :
    https://ia902501.us.archive.org/2/items/hym3_22aw/english.pdf

  8. Avatar

    Islam Barcelona

    December 18, 2015 at 6:42 PM

    True!

    Thanks for this beautiful post!

  9. Avatar

    M.Mahmud

    December 20, 2015 at 1:15 AM

    Alhamdulilah MM’s contributor Abu Aaliyah is ON A ROLL!!! Refuting blasphemy and murderers. May Allah exalt you in this life and the next!

  10. Avatar

    M. Aziz

    October 15, 2016 at 2:46 AM

    Interestingly baghdadis “khilafah map” does not include ksa territory and the two cities?!! Regarding the well known hadith “crawl on ice to join the Army of the Black Flag”, this Army that will conquer Al-Quds, is supposed to arise in far away Khorassan (thats why the US does not want to leave Afghanistan) and not in Jordan with the thousands of CIA jinn supplied sand colored Toyota Tacomas straight from a US Texas plant !! Enough here to keep the takfiri scholars deep in contemplation before the suddenly find themselves at the Gates of Hell !!

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#Current Affairs

In The Name of God: A Communal Rupture Sowed By Communal Legacy

At one point of time, there used to be a mosque in Ayodhya. It stood tall and lofty for 470 long years, until a mob of extremist Hindu fanatics came at it with axes and pickets and razed it to the ground. Stemming from the popular belief that it was the birthplace of the mythological figure of the warrior Hindu god called Ram, the act was carried out for the future construction of a temple devoted to him, and one that had to be erected at the same spot where the 16th century mosque had existed for so long. 

“All we need for the betterment of life is Lord Ram, and there is no survival without Lord Ram”.

The supporters of the Ram Janmabhoomi cause kept reiterating this loud and clear in Anand Patwardhan’s documentary film Ram ke Naam (In The Name of God), that still serves as the single-most myth busting source centred round the whole dispute. But this very claim itself is based on partial accounts that stem from loose historicity, as depicted in the footage.

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On December 22 1949, Lord Ram was said to have appeared in the dream of a priest in Ayodhya, who along with a few other men installed an idol of the god inside the mosque in the dead of night. The film tracked down one of the priests who had participated in the plan, and identified him as Mahant Ramsevak Das Shastri. He claimed that the erstwhile district magistrate K.K. Nayar was also an organiser of this act and had ensured that Shastri and the others accused were released on bail. Although generally identified as the first breach of communal trust that gradually gave rise to the whole dispute, in truth, this religious fundamentalism has its roots running deeper than most of us fully grasp or acknowledge. 

Even at present, about a dozen places in India and Nepal claim to be the potential birthplace of Ram and there is no consensus among Hindu scholars and historians regarding the same. Ayodhya has been housing many Ram temples since the 19th century, and incidentally, quite a lot of them had claimed to be the birthplace of Lord Ram at one point of time or the other. After the construction of the Babri Masjid in 1528 by the Mughal emperor Babur, historic records show that the first instance of communal riots in the area was not before 1855. Sunni Muslims clashed with Bairai Hindus in the area claiming that the temple of Hanumangarhi (for the Hindu mythological figure Lord Hanuman) was built where once stood an already demolished mosque. Nawab Wajid Ali, the then ruler of Ayodhya promptly intervened and made peace, but not before the incident caught the attention of the colonial overlords. This took place just two years prior to the Great Revolt of 1857. It was the first known pan-Indian unified struggle for independence, and one that was founded upon the Hindu-Muslim unity which had been turning into a growing threat for the ruling East India Company. And of all the temples claiming to be the holy birthplace of Lord Ram, the British chose a mosque having Mughal origins to be the designated one for spreading the rumour that Babur had constructed it after destroying what was once a temple housing Lord Ram’s original birthplace. 

As this notion started gaining momentum, the British installed a fence on the premise, which led to an arrangement that had the Muslims praying inside the inner court and the Hindus being allowed to use the outer courtyard. This communal understanding and secular practice went on and in peace till 1949, until the breach orchestrated by Nayar occurred. 

The 1949 breach then led to communal rifts, which was followed by the mosque being sealed. This marked the beginning of how those in power have been manipulating the masses for centuries, either for ensuring a vote bank, or being mostly fueled by a blind sense of religious fanaticism that made them feel empowered over other religions. 

Repeated petitions were filed to open the locks and allow namaz inside the mosque. While the inner court was kept out of bounds, puja was allowed to be carried out in the outer courtyard. As many as four suits were filed between 1950 and 1961 asking for the restoration of the Muslims’ right to pray, none of which were heeded. Twenty years later, the Sunni Waqf Board finally filed a suit for complete possession of the site, and the one which turned out to be the final blow. Hindu groups in turn formed a committee to protect their rights, and the plan to construct the Ram temple was spearheaded, causing the Ram Janmabhoomi movement gaining momentum like never before, with erstwhile Bharatiya Janata Party (B.J.P.) member L. K. Advani giving leadership to the same. 

It was no less than a “political game”, according to the court appointed priest Laldas, who was charged with tending to the Ram idol after the mosque was sealed. During his tenure from 1983 to 1992, he was known to have been critically vocal against the whole Ram Janmabhoomi movement and the premeditated conspiracy that was growing around Babri at that time. He was removed from service 9 months prior to the demolition act and was found to be shot dead a year later under mysterious circumstances. 

“BJP does not believe in Ram, only in hatred…the Hindu Parishad members have never made a single offering or prayed at the temple even once,” he had told Patwardhan during an interview clip in the documentary. 

Surprisingly, none of the subjects that Patwardhan approached in the film knew exactly when Lord Ram was born, or at least even in which century. Not the poor tanner squatting on the ground, not the first year law student brandishing a sword before the march to Ayodhya and not even the saffron clad priest inside the air conditioned Toyota van. But all of them were unwaveringly certain in their belief that Ram’s birthplace was none other than Babri, and how it has been a known fact for many years. 

It was December 6, 1992 that witnessed the right wing mobilisation movement carry out the act of political vandalism quite unparalleled in the modern world, leading to subsequent communal riots, and a massacre which the country has not completely recovered from since. Babri was destroyed. 

Twenty seven years, varying heartbeats, deadly communal violence acts and the loss of about 5,000 odd lives later, the landmark justice on the Ram Janmabhoomi dispute was delivered. 9th November 2019 was a date that meant too much to too many people. It was a day that either meant the end to so many years of rioting, divisibility and cut-throat communalism, or a further tint in the already widening secular fabric of the nation. 

2019 was also the year that Prime Minister Narendra Modi was sworn in for a second term and had implemented a number of administrative decisions that gave BJP’s Hindu supremacist ideology a new momentum and utmost urgency. One of the first things that he did after taking office was revoke the Article 370 of the Indian Constitution on August 5, 2019, which had so far granted the internationally disputed Muslim dominated region of Kashmir a special status independent of Indian jurisdiction. The abrogation allowed Kashmir to be reinvaded by a strong Indian military, annexed to the Indian subcontinent and put under complete curfew with an internet blackout. And exactly one year later, Prime Minister Modi is about to lay the foundation stone for the newly constructed Ram temple in Ayodhya on the site of the demolished mosque on August 5, 2020, as thanks to the landmark verdict on the decades-spanning historic wound that has completely redefined the politics of the country, the forces responsible for the demolition had found themselves in complete legal possession of the land. 

For many blinded by irrational faith and hyper nationalism, the judgement reinstated the inherent vice of fanatic Hindutva ideology in the sense that their religion is all superior, and one that fuels the necessity to construct the Ram temple at the very spot of the Babri Masjid. But to others still believing in the idea of the independent India that awoke at the stroke of the midnight hour on 15th August 1947, the judgement could have very well been a bigger, and more dangerous rupture in the democratic and secular pillars of the country than the actual act of the demolition itself. 

The current chief minister of Uttar Pradesh, who was charged with overseeing the construction of the temple had gone on record as early as 2017 during a pre-election campaign to promise a Ram Mandir

Agar Samajwadi Party jeetegi to Karbala-kabristan banega, jabki Bhajapa ki Sarkar banegi toh Ayodhya mein Ram mandir banega.

30 years ago it was L.K. Advani who had promised that Mandir wahi Banega and today, it is Yogi Adityanath, the third face in line on the saffron political firmament, who is delivering on this promise.

Vikas Pathak, who is a professor at the Asian College of Journalism in Chennai, said that this is Hindutva’s true and unalloyed form, one that was supposedly hidden beneath layers of political exigencies for so many years leading up to this. This claim is further supported by an independent multimedia journalist in Kashmir, who said he feels the same due to the obvious choice of the date of inauguration. Requesting to be anonymous, he expressed his thoughts on how this is more of a planned move than a mere coincidence, and one which gives out a clear message.

The fact that it’s happening on the anniversary of the repeal of Kashmir’s autonomy, accentuates the importance that the Modi government places on its aggressive pursuit of a Hindu nationalist agenda”, also augmented Michael Kugelman in his comment on the matter. He is senior associate of the Wilson Center and the deputy director of its Asia Program. 

Just like Jai Shree Ram, this Mandir agenda too had been normalised into one which sounded like a clarion call for battle. In Patwardhan’s film, an unnamed Congress politician held a campaign where he asked the Vishwa Hindu Parishad that if indeed a Ram temple should be built, why could it not be anywhere else in the city, as Ayodhya is such a large place. 

“I am amazed at this stubbornness that they will build the temple at the very same spot! And that too, only after destroying the mosque… He (Advani) can easily build a temple anywhere in Ayodhya, but please do not insist that this can only be possible by demolishing an existing mosque. I want to promise that the temple will most definitely be built, but the mosque must also remain.”

As we went on to see in the film, and even twenty seven years down the line, it was firmly decided that Mandir wahi banega, and one existing holy site was destroyed to give rise to another. Come November 2019,  the temple plan gets sanctioned by the Supreme Court of India as well, ironically granting the Sunni Waqf board an alternate piece of land to construct their mosque instead.

While the 5-judge bench lay claim to the demolishing act accepting it as a crime, and while they also accepted that the installation of the idols inside the mosque was an act of desecration, it also gave the land over to those who desecrated it at the same time. A judge on the bench had called it “one of the most important cases in the world,” but when the perpetrators of what the Supreme Court has openly identified as a crime find themselves to be the main beneficiaries of the judgement, it brings to question how just the verdict actually is.

Quite bizarrely, the court had declared that while there was some evidence of Hindus worshipping on the disputed site, no such documentary evidence could be found in the case of Muslims until before 1857. 

“The mosque was built in 1528, and the area was under Mughal occupation till 1722. Then it was ruled by Nawabs, and finally annexed by the British in 1856. It must be self-evident that during this entire period of being under Muslim rule, Muslims were offering namaz inside the mosque and not the other way round”, said a Kashmiri student currently studying at Jadavpur University in Kolkata on the condition of anonymity, adding how such a reasoning based on “balance of probabilities” as one of the reasons to give it to the Hindu side is itself one of inequality. 

On the other hand, the judgement also referred to a 574 pages long report published by the Archaeological Survey of India (ASI) 15 years ago, which claimed that Babri Masjid was not built on vacant land. Reading the unanimous judgement and considering the report valid on the assurance of being scientifically tested, Chief Justice of India, Ranjan Gogoi who was leading the bench said: 

“There was a structure underlying the disputed structure. The underlying structure was not an Islamic structure.”

While the court relied heavily on this ASI report, independent archaeologists who observed the site on behalf of the Sunni Waqf board differed entirely with the ASI findings. While the six month long court ordered investigation did reveal the existence of an underlying structure beneath the mosque, eminent archaeologists Supriya Varma and Jaya Menon believe that the evidence collected on their part do not support the claims made by ASI. 

Their report read: “underneath the Babri, there existed older mosques.” 

They further added that even if the underlying structures were not of Islamic origin, they closely resembled Buddhist stupas at the most, and in no way anything remotely close to a Hindu temple. This particular claim is in turn also supported by the archaeological surveyor Alexander Cunningham, who was the first individual to survey Ayodhya (around 1862-63), and was known for his interest in tracking down and identifying places associated with Buddhism.

Had India as a country boasted of a very robust and strong judicial institution, such an incident would not have been dragged all the way from 1949 to 2019, let alone pave the way to constructing a temple on the disputed land. December 6, 1992 should have been permanently brought an end to it with strict actions being taken against the perpetrators. While the B.J.P. indeed is directly linked to the whole incident, the Congress government led by Rajiv Gandhi allowed the locks to be opened in the 1980s. Following the demolition, the Congress Prime Minister Narsimha Rao allowed them to get away with the violence in 1992. And in 2019, the Supreme Court judges have done the same. 

Ayodhya, for more than a quarter of a century, had been turned into a place of cynical and political revanchism. And thrust between this politics of a loosely manufactured historicity aiming to upend the Republic of secularism by replacing it with a system running on Hindutva ideology, were those that represented what India truly stands for. Of the numerous subjects that Patwardhan interviewed, both Hindus and Muslims, most of them unanimously awaited, and wanted peace. Something that was so easy to understand for someone who lived a simple life of an ironmonger, belonging to the low Bishkarma caste, was at the same time completely unimaginable to those amassing trucks and weapons to demolish the mosque:

“Once it exists, it is wrong to break. If someone tried to break our temple, would we allow it? We’d say go build your mosque elsewhere.”

Zahir Adil, the lead on Save India From Fascism Project of the human rights organization Justice For All also expressed a similar sentiment, saying how he would have actually welcomed it if the temple was not built after illegally destroying a historic mosque. 

“Apart from being a day that RSS criminals are rewarded with a new temple after perpetuating systemic violence in India, 5th August 2020 also goes down in history as the day that the words Jai Shree Ram will be displayed in the iconic Times Square as the Prime Minister will lay the foundation stone for a Ram Temple on the site of the demolished mosque”, informed Masood Rab, spokesperson of Coalition of Americans for Pluralism in India (CAPI). It is one among the coalition of organizations that  have refused to carry forward the programming by the pro-Modi group in Times Square. 

The RSS, or the Rashtriya Swayamsevak Sangh, being the parent organization of the current ruling party in India has its roots in pre-Independence times and were also known for openly supporting Hitler’s Nazi agenda. They were banned as many as four times when India was ruled by the national Congress, but it has now become the de-facto power under BJP rule, with Modi himself being a known RSS member. 

Indian American Muslim leaders, as well as human rights organizations, having categorically denounced this display of religious bigotry has called for a day long protest in the iconic Times Square from 8 AM, asking for this display of vehement arrogance to be stopped. Those like Adil and Dr. Shaik Ubaid (President of the Indian Minorities Advocacy Network) have also expressed concern on how the proponents of this fascist ideology have become so confident that they are celebrating an illegal and bloody act in the middle of Times Square, and for the entire world to see. But others like Kugelman expect, and have pointed out that while there will be messages in Times Square blaring out communal rhetoric, there may also be messages expressing solidarity for Kashmiris.

“It is perhaps fitting, in this globalized era, if the incredibly polarizing Kashmir issue plays out under the bright lights of Times Square”, said Kugelman over a brief electronic conversation, but added how this juxtaposition is also extremely divisive within the country on the whole.

The mandatory in this case seems more like a political campaign trick than anything to do with actual Hinduism, and essentially a symbiotic Displace perpetrated by a fascist government.

It wouldn’t be wrong to say that this could be the rise of divisive Hindu supremacy as never seen before. In all its entirety, the day of August 5, 2020 marks the end of an era and the possible beginning of a new one. It detriments the idea that our founding forefathers had envisioned for the nation, and while we may not like it at the same time, this is essentially a new India that is emerging for everyone to see – one that is a land of strident Hindutva and religious dissonance at the forefront. 

LINK to the documentary: https://www.youtube.com/watch?v=GMT18TMNQbY

 

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#Current Affairs

The Perennial Siege: Kashmir’s Tense Lockdown Anniversary

A year after the revocation of Article 370—special status of the valley, Kashmir continues to be under security lockdown, intermittent internet restrictions, almost negligible functioning of education system, amid reports of continuous detentions and across-the-board human rights violations.

Two-day curfew has been imposed in Indian-administered Kashmir in anticipation of containing any form of dissent ahead of the 5 August anniversary—the day Indian government stripped Kashmir of its special status. Officials say the curfew is meant to prevent violence by groups planning to observe 5 August as “black day”.

On August 5 2019, the state was split into two federally administered regions and its semi-autonomous status was revoked. The decision to revoke article 370—part of Indian constitution that guaranteed Kashmir special status—an action with potentially devastating consequences for Kashmiri identity and community was met with anger and feeling of betrayal in the region although it was widely welcomed in the rest of the country. In preparation for this, it put Kashmir into a complete lockdown at midnight on Aug. 4, 2019. Eight million Kashmiris were restricted in their homes. In-an-effort to impose a complete communication blockade, internet connections were cut, and phone connections were terminated.

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Everything seems to have come to a halt, and the past experiences have begun to conjure the images of unprecedented violence. Since the revocation or illegal annexation of Kashmir on August 5, the betrayed and besieged population, including me, treated like a prisoner in a forsaken paradise on earth, continue to mourn India’s deceptively organized virulent manifestation of democracy. The fact-finding report, Women’s Voice, counters the state narrative of “return to normalcy,” indicating that 13,000 boys and young men were detained illegally after August 5, including some as young as 14, with some imprisoned for up to 45 days, and with families paying as much as 60,000 rupees ($850) for their release

Kashmiris, however, saw their integration as a threat to the state’s ethnic character, and a milestone on the road to the realization of the BJP’s dream of a fundamentally Hindu nation. Many legal commentators decried the Indian government’s unilateral abrogation as “illegal,” calling it an “unconstitutional deed,” which was “accomplished by deceitful means” (Noorani 2019). 

The Problem oF Kashmir

A brief context of the conflict offers a perspective to understand the problem of Kashmir. “The world is reaping the chaos the British Empire sowed,” Amy Hawkins wrote in Foreign Policy, and “local populace is still paying for the mess the British left behind in Hong Kong and Kashmir.” The anti-colonial uprisings in the Indian subcontinent, China, the Arab world and elsewhere did not result in freedom or democracy for the nations ruled by the British Empire”. In Kashmir, the British left a bleeding wound amid the partition of colonial India. Kashmir in post-partition and to be more succinct, post-1947 emerged as a boiling pot from the cultivation uterus of the two-nation theory.

Since then, Kashmir is known to be the most heavily militarized zones in the world. More than 7 million soldiers have been deployed, as per the reports, to counter what the Indian army itself claims as “cross-border terrorism”. This myth has been busted time and again because of the actions of the Indian government in the last three decades. If there were any doubts earlier, they should have cleared by now. Their real enemy is the Kashmiri people, especially “Kashmiri Muslims”, the hindrance in the way of turning India into a “Hindutva nation” claims Pakistan’s Prime Minister Imran Khan in 2019 U.N. general assembly speech.

India’s decision to abolish the state’s nominal autonomy last year is the most far-reaching move in the region in the last 70 years and has been pushed by the ruling Bhartiya Janata Party (BJP) as a development-focused action to “mainstream” the only Muslim-majority state in the subcontinent. While the government —which justified the shutdown as “preventive” — and the leading Indian media outlets are propagating an image of the region as slowly returning to “normalcy”, the reality on the ground, as documented by the New York Times, is very different. 

Kashmir continues to simmer under the siege.

Post 5—August SiegeAnd  Defiance

This season’s siege is more crushing than ever, possibly the worst since the first one nearly 30 years ago, a stratagem designed carefully to humiliate an entire population. There is also an unwavering manifestation of defiance, as by now the Kashmir street is sufficiently educated politically to not pin its hopes on an infusion of benevolence in the government’s Kashmir policy or any practical outcome from the partial solidarity from the international community. The mass arrests, in thousands, including minors and pellet victims [including a cancer patient] holding 7 million populations under eight hundred thousand jackboots has unveiled the façade of Indian democracy. 

“No government in the world has blocked Internet access as frequently as India. An incredible 213 times in just three years”, reports Time Magazine, “which is far more than Syria, Iran, Turkey, and Egypt together”. And more than half of those shutdowns have been enforced on Kashmir—is that because, questions Abid (PhD scholar, Dept. of political science department, Kashmir University) “of the special (autonomous) status Kashmir “enjoyed” in the larger Indian union? Will they also ban clean air, now that the special status has been erased?” 

Picking out promising adolescents; sometimes old men and even women, they branded them, as with batons and red-hot irons, to forcefully teach them how to behave. Abid Khan, 28, and Idrees, 29 from Shopian district in South Kashmir were raided in the middle of the night, tortured for hours by dozens of army men. Khan says he was dragged out and blindfolded along with his brother, who has learning difficulties, on August 14. “They gave electric shocks to my brother on the road outside our home. I heard him scream painfully,” quoted in AFP story, showing marks on his arms, legs and buttocks. Khan said. “Then they gave me electric shocks again on my genitals and wounds. One of them said ‘I will make you impotent’.” On September 13, Irshad Ahmed, a 12-year-old boy from neighboring Buchpora, Srinagar, suffered a serious head injury. His hospital registration card noted that it was a ‘fire-arm injury’, adding the word “alleged”. Those accompanying him said he had been hit by a cluster of pellets in his head. The bar has been raised so high for all forms of political dissent, and the detentions, numbering in thousands have choked any form of political activity on the ground. What remains still is an unwavering manifestation of the overarching defiance against the government-enforced execution of oppression. 

Pandemic Lockdown- In and Out of Kashmir

Since the world has now entered the sixth month of Covid-19 restrictions. With self-isolation, physical-distancing and e-learning online education, for most populations the robust internet and phone service has still provided a lifeline to let them work and be engaged and entertained. But in the Himalayan territory of Kashmir, the repression and militaristic method in the latest indignity in a 73-year cycle of oppression, militarization and scarcity especially since last year August in Kashmir has intensified: communications were completely cut in August 2019 and were only beginning, even after weeks pandemic broke out. Since March, only 2G is available, and only sporadically. As Waheed Mirza, novelist and political commentator on Kashmir asserts “A military siege is like a chokehold on an entire people”.  

For the world, asserts Arundhati Roy:

“Kashmir and Kashmiris signify as a prototype to learn the craft of surviving under a lockdown. For the former, it is a self-imposed precautionary measure experienced for the first time in the recent history by the world to fight against an unseen disease; as for the latter, it is the endless fight against the continuation of a seven month long enforced siege against their will.”

 This reality soon turned into a buzzword “the world is turning into Kashmir”. Azad Kashmir President Sardar Masood Khan asserted India has been using the “cover of the coronavirus” to “mow down” Kashmiri youth and change the Muslim-majority character of the disputed region.  

According to news reports on Kashmir, anyone who violates curfew–even those with valid passes allowing them to leave their homes–risks being detained by soldiers or police and possibly beaten. Even doctors, who’ve been celebrated as heroes elsewhere in the world, report being harassed on their way to work in Kashmir, which already suffers an acute lack of medical resources and staff. Limited access to information has also obstructed Kashmir’s coronavirus fight. The region uses 2G internet, an online connection so slow that it is nonexistent elsewhere in the world. Indian authorities have cut online access in Kashmir 55 times since it was restored in March 2020. According to the Jammu Kashmir Coalition of Civil Societies, a local group that documents and litigates human rights abuses “this has delayed doctors’ ability to read emerging treatment guidelines and new research on the disease”.

For some, the repressive methods allude to the fact that the Indian government’s priorities in Kashmir have not been changed by the pandemic. “Any administration that is willing to impose the longest Internet shutdown in history only believes in the right of censorship and surveillance,” says Mishi Choudhary, the legal director at the Software Freedom Law Center, a group that campaigns for Internet freedoms. The period post 5 August 2019 has changed the whole political landscape of the region. This season’s siege is more crushing than ever, possibly the worst since that first one nearly 30 years ago, a stratagem designed carefully to humiliate an entire people. 

Mental health workers say “Kashmir is witnessing an alarming increase in instances of depression, anxiety and psychotic events”.  Doctors Without Borders estimated after surveying 5,600 households in 2015. Nine of 10 have experienced conflict-related traumas. The figures are much higher than in India, according to other surveys.

Education: The Perennial Casualty

Ten months after India unilaterally revoked Kashmir’s autonomy, reports New York Times, “education stands as one of the crisis’s most glaring casualties”. Previously, Kashmiri Valley in particular suffered huge education losses as the students were forcibly kept away from schools and colleges by frequent official curfews and restrictions, shutdowns, incidents of violence and prolonged political unrest stretching for months, the worst of these witnessed in 2008, 2009, 2010 and 2016. “The long school closures in the valley cause major disruptions in young people’s educational and professional development, producing feelings of insecurity, helplessness, and demoralization,” said Haley Duschinski, an anthropologist at Ohio University specializing in Kashmir.

Around 1.5 million Kashmiri students remain out of school. All educational institutions are closed, and most government and private schools are shut—except for few intermittent opening of educational institutions for some weeks, one of the clearest signs of the fear that has gripped Kashmir since the Indian government locked down the disputed territory. Parents in the Kashmir Valley also show this fear that “they are terrified of sending their children out with any exception reaction from the public amid troops deployed everywhere and on the prowl for trouble”. 

“What if the school or a bus carrying children is attacked?” asked Saqib Mushtaq Bhat, a father worried about violence by Indian troops or militants. “What if there are protests and their faces get shot by pellets?’’ Amid only 2G internet services working in the valley, G.N. Var, chairman of Private Schools Association of Jammu and Kashmir (PSAJK) which has 2,200 schools associated with it, termed it ‘denial of right to education’. The research scholars across the valley have equally suffered due to low speed internet and hugely affected the mental stability of people across the spectrum of the society. 

He said, “The restrictions on high speed internet are making it difficult for our students to avail online courses and access information which is vital in their career-building. We see it as a denial of the right to education.”  Reports suggest “no government in the world has blocked Internet access as frequently as India with 55 Internet blackouts in 2019 alone, including the longest in recorded history, 213 days, when Delhi put the valley on lockdown last year August.

Settler Colonialism

So far, anti-insurgency operations have proved equally devastating for Kashmiris amid the pandemic. As of June 30, 229 killings, 107 CASO’s (cordon and search operation), 55 internet shutdowns, 48 properties destroyed in the first half of 2020. Children and women continued to be victims of violence in J&K as 3 children and 2 women were killed in the first half of 2020. India continues to take possession of Kashmir despite being hit ever harder by the pandemic.

With all the constitutional amendments and new laws India has instituted in Kashmir especially since 5 August last year, the Palestinian case is often invoked to find the parallelism of how this sounds like the beginning of settler colonialism. The recent developments that highlight this process are, on the contrary, a further deepening and expansion of a matrix of control characteristic of such a project, duly aided through laws, to ensure the eventual elimination of the native.

The Jammu and Kashmir administration’s order to withdraw a 1971 circular that made it mandatory for the Indian Army, the Border Security Force and the Central Reserve Police Force to obtain a “no objection certificate” to acquire land in the region is also seen as part of a settler colonial project. Not only has the decrees evoked a sharp reaction among locals, which have long feared Delhi’s forceful integration of the restive region with the Indian union, but observers are also accusing Modi’s right-wing dispensation of using the Covid-19 pandemic to advance its Hindu settler colonial enterprise in the region, saying it is a page right out of the Israeli playbook to transform the region’s demographics. United Kingdom-based Kashmiri lawyer Mirza Saaib Bég argues that “J&K’s demography is bound to be altered beyond belief. And at a speed so astonishing that the procedure for issuing a domicile certificate will seem, unfortunately, a quasi-colonial project”.

Around 400 thousand people have been granted domicile certificates in Indian-administered Kashmir till July, 2020 proving right the fears of the beginning of demographic changes in the Muslim-majority Himalayan region. The certificate, a sort of citizenship right, entitles a person to residency and government jobs in the region, which till last year was reserved only for the local population. “The whole purpose of revoking Article 370 was to settle outsiders here and change the demography of the state. Now this provides the modalities and entitles so many categories of Indians whose settlement will be legalised over here.” – Kashmiri law professor and legal scholar Sheikh Showkat Hussain (Al Jazeera, April 1, 2020).

Democratic presidential hopeful Joe Biden said, “India should take all necessary steps to restore the rights of all the people of Kashmir.” He also asserts “Restrictions on dissent, such as peaceful protests or shutting or slowing down the internet weakens democracy,” in a policy paper posted on his website. Pakistan’s ministry of foreign affairs said in a statement that India’s latest step was a vindication of the country’s “consistent stance that the major intention behind the Indian Government’s illegal and unilateral actions of 5 August 2019 was to change the demographic structure of Indian Occupied Jammu and Kashmir and turn Kashmiris into a minority in their own land”.

“This has long been part of the RSS-BJP’s ‘Hindutva’ agenda,” the statement added.

An  Indian Consul General in New York, Sandeep Chakraborty’s recent call for the ‘Israel model’ in Kashmir should ring alarm bells for the Muslim world. He flagrantly asserted “I don’t know why we don’t follow it. It has happened in the Middle East. If the Israeli people can do it, we can also do it,” Chakravorty said.

Kashmiris on Twitter were quick to call out Al-Jazeera, accusing them of “promoting settler colonialism”. The social media users were mainly drawing a parallel with expansionist or colonial settlements of Israeli Jews in Palestine or of Han Chinese in Xinjiag to forcibly settle and diffuse indigenous identity.

Tailpiece:

Kashmir is transformed into an open prison where the state works with a self-proscribed impunity to confiscate or mitigate basic universal rights, while the Indian state is trying to entice assimilatory participation of the common people. That territory-wide control by the state and its various institutions is countered through years of survival, persistence and resistance against the state’s operations over Kashmiri lives.

One inevitable fact that successive union governments since India’s first Prime Minister Jawaharlal Nehru have arrogantly with military highhandedness ignored is the political question of Kashmir. The recent political expedition of the Indian government in Kashmir paradigmatically problematized the political destiny of Kashmir and future of Kashmiris. Even in the 21st century globalized world, in the middle of a global pandemic, 8 million people are denied access to education, livelihood, entertainment, and health respite via a medium that has become an essential service for the rest of the world.

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#Current Affairs

Indian Myths Channel Genocide in Kashmir

India is a land and society of myths. More so now than ever before, under the Hindutva-inspired Bharatiya Janata Party government led by the claim of the myth manufacturer Modi: “India is a democracy; it is in our DNA.”

A much talked about myth has been that India is a secular state, and in the light of the post August 5 2019 developments in Kashmir and the Indian mainland, much sighing is being aired that Indian secularism is endangered.

However, the question arises, when was India secular? Was India “secular,” when it invaded Jammu & Kashmir (J&K) on October 26, 1947 on the pretext that a non-Muslim should rule a Muslim-majority state, or was it “secular” when Hyderabad Deccan was invaded and annexed on September 23, 1948 on the pretext that a Muslim could not rule over a Hindu majority?

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Based on a myth about the birthplace of the mythical “Lord Rama,” the 600-year old Babri Mosque was attacked and demolished on December 6, 1992. India’s Supreme Court validated the goon squad’s action on November 9, 2019. Today, the mosque’s attackers rule India.

Even the national anthem ‘Vande Matram’ is not secular, where Muslims object to its idolatrous aspects. For instance, the fourth stanza, addresses motherland India as, “Thou art Durga, Lady and Queen, with her hands that strike and her swords of sheen, Thou art Lakshmi lotus-throned…”

When a Muslim sings these words, he is forced to equate his country with the Hindu goddesses Durga and Lakshmi, thereby deifying the land of India. This goes against the concept of tawheed (the Absolute Oneness of God), according to which a Muslim cannot supplicate to anyone except God.

The other long-standing myth, which India validated through a presidential fiat last year, is that J&K are its “integral” part – a territory it has occupied since September 1947 with a million-man force. In doing so, it served up another myth: the constitutional relationship between J&K and India.

Subodh Varma (“Some Myths About Article 370, 35A and Kashmir”, Sabrang India August 8, 2019) explains that in the process of effectively scrapping Article 370 of the Constitution through a presidential order supported by a Lok Sabha (lower house) resolution, the Bharatiya Janata Party (BJP) and its supporters regurgitated a slew of myths, half-truths and sleights of hand that have been part of its parent, the Rashtriya Swayamsevak Sangh (RSS) propaganda for decades. Ironically, many parties and opinion leaders who do not subscribe to the RSS ideology also repeated them, which show how far these myths have traveled. Meanwhile, social media went ballistic with RSS/BJP supporters posting bizarre claims while others started offering land for sale in Kashmir.

Arun Jaitley (d. August 24, 2019), who served as finance minister from 2014 to 2019, had tweeted on August 4, “J&K integration with India took place in October 1947. Article 370 came into force in 1952, Article 35A came in 1954, four and seven years later respectively. How can Articles 370 and 35A be a condition precedent to merger?”

He had sought to prove that Articles 370 and 35A were somehow unrelated to J&K’s “joining” [albeit perforce] the Indian Union implying that they are unnecessary and also that they were the result of some [past] Congress governments’ stupidity.

This is a lie.

On October 26, 1947, India invaded J&K, obliging its ruler, Raja Hari Singh, to sign the Instrument of Accession (IOA); the Dogra ruler’s ancestor having purchased the territory and its citizen from the British. However, this document states that the Indian parliament could only legislate on the state’s defense, external affairs, communications and some ancillary subjects. The agreement’s Clause 5 reads: “The terms of this my Instrument of Accession cannot be varied by any amendment of the Act or of Indian Independence Act unless such amendment is accepted by me by an Instrument supplementary to this Instrument.” Clause 7 says: “Nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future constitution of India or to fetter my discretion to enter into arrangements with the Government of India under any such future constitution.”

Simply stated, it says that many things left pending in the IOA were to be settled later through negotiations. After its invasion, India, which faced the Kashmiri resistance till 1949, finally seeking a UN-negotiated armistice, has yet to lay out the laws and governance mechanism. Accordingly, the UN Security Council adopted successive resolutions call for a plebiscite where the Kashmiris would vote freely to decide their future.

The UN continues to recognize Kashmir as a disputed territory.

The 1947 partition agreed upon by Muslim and Hindu leaders with Britain, the departing colonial ruler, reads that Muslim majority states would merge with Pakistan. Kashmir is a clear case.

To preserve the IOA’s spirit and to reassure the Raja, Article 370 was moved in India’s Constituent Assembly in May 1949, which was voted to be part of the Indian Constitution in October 1949. Consequently, Presidential Orders were issued in 1950, 1952 and 1954 to settle various issues. Jawaharlal Nehru  -India’s first prime minister- and his interior minister Vallabhbhai Patel (d. 1950) were part of these negotiations, which negates the RSS myth that Patel opposed Article 370.

The RSS propped up the full integration bogey to stir up agitation against the land reforms initiated by the Raja-appointed Sheikh Abdullah government. The RSS gave it a communal hue as the landowners were mostly Dogras and Pandits and most peasants were Muslims.

The RSS/BJP propaganda about Article 35A hides the fact that Raja Hari Singh had proclaimed the Hereditary State Subject Order in 1927, which allowed only the state’s residents to own land and to government jobs. The state’s assembly voted to include this order in the J&K Constitution. In keeping with the IOA terms regarding the preservation of rights of state’s residents, Article 35A was added to the Constitution through the Presidential Order of 1954.

Kashmir’s annexation falls under RSS ambition of a pure Hindu India.

The RSS states that J&K, with its “oppressive Muslim-majority character, has been a headache for our country ever since Independence.”

RSS alleges that forces “inimical to Bharat never wanted Kashmir to integrate itself with Bharat …  and in October 1947, these elements conspired with the enemy to defeat every move to save the situation from our [Indian] side.” While, India continues to loudly claim that it was Pakistani tribal fighters and not Kashmiri freedom-fighters who confronted the Indian invading army, RSS claims that it was its fighters who fought alongside Indian troops, adding that if a ceasefire had not been agreed upon, its fighters would have helped completely conquer J&K.

RSS blames the large Muslim presence for J&K being conferred a special status under Article 370, even after its total “accession.”

On December 11, 1991, BJP president Dr. Murli Manohar and Narendra Modi, and also, the now interior minister Amit Shah, led the 15,000 mile “Ekta Yatra” (Unity March) from Kanyakumari -a Tamil Nadu coastal town, the southernmost town in mainland India- which culminated in Srinagar’s Lal Chowk on January 26, 1992 to hoist the Indian flag, signaling that they had “arrived to settle the account.”

RSS claims: “The endless appeasement of the Muslim population, especially in Kashmir, practiced by the successive governments at Delhi, has been the bane of our government’s Kashmir policy. Just as too much mollycoddling and lack of discipline spoil the child, so has been Kashmir, a problem created out of our own folly.” RSS alleges that Pakistan arms militants for armed revolt from within India.

Amit Shah has harped the long-repeated party line that Article 370 is the root cause of spread of terrorism. As a corollary, it is also said that the article was the source of sentimental belief in a separate Kashmir, providing ground to cross-border terrorists to exploit.

However, it is the erosion of Article 370 that has led to increasing disenchantment of Kashmiris and their search for a way out. For instance, Article 370 provided for extending provisions of law to J&K through Presidential Orders, issued after concurrence of the state assembly. However, the 1954 Order has extended almost the entire Constitution to J&K. Out of the 97 entries in the Union List, 94 have been made applicable to the state and out of the 47 entries in the Concurrent List, 26 have been extended to the state. This has largely reduced the state’s powers. Overall, Article 370’s provisions were used at least 45 times to extend Constitution’s provisions to J&K.

Not only have the J&K rights been increasingly restricted, but also the spirit of the section has been violated by simply getting the state government to rubber stamp such extensions.

Also, the J&K Constitution was amended several times using Article 370. For instance, Article 356 was extended removing a similar provision in the J&K Constitution (Article 92), which called for President’s concurrence for imposing President’s rule. Article 370 was used for the extension of President’s rule. Even Article 249 (parliament’s power to make laws on State List entries) was extended to J&K through a recommendation of the governor, bypassing the state legislature.

In the past, Congress governments and later BJP, used these measures to manipulate the politics of the state to install ministries or impose President’s Rule.

Another myth, really a blatant lie, proffered by BJP, is that development was not possible because Article 370 didn’t allow it. Post-August 5, Indian politicians and opinion leaders continue to harp that with the removal of special status, including J&K will now become part of global India. Seriously, how Article 370 stopped any government from providing or encouraging more investment and industry in the state when most provisions of the Constitution, including Union list entries were extended to the state. The Union governments could have undertaken any economic measures or programs they wanted in J&K. In fact, there was nothing except unkempt promises of colossal special packages. No Indian government undertook any economic or political measures that would provide sustainable and long-term benefits to J&K.

Simply, the removal of Article 35A will now free real estate sharks to gobble up properties and use it for setting up private businesses including private schools. It is difficult to believe that private investment will flow into J&K, when an occupied people there are discontented and uncertain.

Indian propagandists in and out of government harp on the myth Articles 370 and 35A, and the arrangements they enshrine, were unique to J&K. In fact, Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, and Goa enjoy similar provisions. In other states too, there are laws preventing non-domiciliary persons from owning land.

The Narendra Modi-led central government had, after the revocation of Article 370 of the Indian Constitution, recently announced that people will now be able to buy land in Kashmir. As a result, the 1971 circular, which restricted land acquisition and requisition without a ‘No Objection Certificate (NOC)” from the Home Department, has now been replaced by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. And, the displacement of Kashmiris with the replacement of Indians has begun the process of ethnic cleansing, leading to a genocide of the Kashmiri people.

Citizens of India ought not to live by the myth of living in the largest democracy and in greatness but instead should heed to Gandhi, “as human beings, our greatness lies not so much in being able to remake the world – that is the myth of the atomic age – as in being able to remake ourselves.”

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