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Category Archives: Maktabah

A Library of Writings Dedicated to the Affairs of the Prisoners

Abu Zubayr al-Shawqi: Abandonment of the Muslim Prisoners

A poignant reminder by Brother Abu Zubayr al-Shawqi to the us regarding our obligations to those Muslims imprisoned and the Ummah’s need to work towards their release. His speech also focuses upon how the enemies of Islam use the abduction and incarceration of the Muslims as a weapon in their ideological war on Islam, as well as providing a brief insight on how prison may be a ‘make or break’ situation for the believer.

 
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Posted by on July 5, 2013 in Maktabah, Videos

 

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Secure their Release until not a Single Eye Among us Blinks

بسم الله الرحمن الرحيم

{وَمَا لَكُمْ لَا تُقَاتِلُونَ فِي سَبِيلِ اللَّهِ وَالْمُسْتَضْعَفِينَ مِنَ الرِّجَالِ وَالنِّسَاءِ وَالْوِلْدَانِ الَّذِينَ يَقُولُونَ رَبَّنَا أَخْرِجْنَا مِنْ هَٰذِهِ الْقَرْيَةِ الظَّالِمِ أَهْلُهَا وَاجْعَل لَّنَا مِن لَّدُنكَ وَلِيًّا وَاجْعَل لَّنَا مِن لَّدُنكَ نَصِيرًا }
[سورة النساء]

What has come upon you that you fight not in the cause of God and for the oppressed, men, women and children, who pray: “Get us out of this city, O Lord, whose people are oppressors; so send us a friend by Your will, and send us a helper.}

[al-Nisaa; 4:75]

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Al-Qurtubi ( رحمه الله تعالى ) states in his Tafseer [of ayah seventy-five of Al-Nisaa]: ‘Allah has mandated Jihad in order to raise His word high and for His religion to prevail, and to come to the rescue of the weak believers even if that would lead to the loss of lives.’ Freeing the Muslim ‘prisoners of war’ is fardh, either through fighting or ransom.

Imam Malik ( رحمه الله تعالى )says: ‘Muslims need to free the ‘prisoners of war’ even if that would cost them all their wealth.’ Abu Musa al-Ash’ari (رضي الله عنه) narrated as collected by Bukhari رحمه الله تعالى in his Sahih: Rasulallah (صلى الله عليه وسلم) said: ‘Free the ‘prisoners of war’, feed the hungry, and visit the sick’

The madhab of al-Shafi’i (رحمه الله تعالى ) is that freeing the ‘prisoners of war’ is mustahab. The madhab of Imam Malik (رحمه الله تعالى ) and Ahmad ibn al Hambaal (رحمه الله تعالى ) is that it is fardh. If private money is paid to free the ‘prisoners of war’ and his [the prisoner] permission was sought then he needs to pay it back after he is freed. If the money was paid without his knowledge there is a difference of opinion whether he should pay it back or not.
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Posted by on May 10, 2013 in Maktabah

 

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Establishing al-Hukm Shari’a fi Sijin

Question 3:
In some facilities the Muslims are given a great deal of leeway in policing themselves. It is to the point where some aspects of the Sharii’ah can be implemented in the community without the kuffaar interfering, and the leaders of the Muslim community can enforce these matters.

For example, in a typical facility a Muslim caught drinking khamr by his brothers will receive some kind of physical punishment, and the guards will not interfere. Sometimes the Muslims exceed the limits set in the Sharii’ah in such matters, because many of them have things left over from jahiliyyah. A brother mentioned that before he became a Muslim he knew a brother who used to stab people (non-lethally, I believe) if they did not attend the five prayers in jama’ah.

However, even this did not lead to repercussions from the guards. What is the ruling on implementing the things from the Sharii’ah which Muslims are able to implement without fear of the guards interfering or harming them? Should the community do those things or should they leave them all, because they are not completely in power? In our unit we are not able to do these types of things, but in a typical facility this is how the community is run.

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In the Name of Allah, the Merciful, the Compassionate;

I asked the third

where he [the questioner] stated that the brothers and some Muslims [in prison] may exceed the limits of the Shari’a, such as drinking alcohol and committing other haram actions, and his [the questioners] saying of the brothers, that it is possible to implement the hadud, and carry out what is prescribed of corporal punishment without having interference from the prison guards.

The Sheikh [Abu Muhammad al-Maqdisi] says it should not be upon the brothers to do so because by doing this, such is the condition of the brothers in dar al-Harb and the brothers [in prison] who are now in a position of vulnerability, and by doing this they may alienate the hearts of the people, and instead of causing the people to abandon them [the sinful actions] or turning away [from sin] those who commit these haram things [they may repel him, and not the sin]. And regarding the person who did as the brothers said: that he was stabbing people non-fatal stab wounds who did not pray the five daily prayers in congregation, this [the stabbing] is forbidden in Islam.

 

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Tahakum & Using the Courts & the Kufr Legal System

Question 1 [Tahakum & Using the Courts & the Kufr Legal System]:

We have read in the book Al-Thalaatheeniyyah fit-Tah’theer min al-Ghuluww fit- Takfeer by Sheikh al-Maqdisi (May Allah Hasten his release). Apart where he writes about the issue of filing court-cases, and seeking judgement from the taghut in situations of ikrah or so, and that it is best not to do so (‘azeemah), but that those who do so out of some ikrah, are not out of the fold of Islam, etc.; we remember reading something a long time ago, and if we remember correctly, Insha’Allah, it is discussed in that book. There are brothers here, may Allah guide them and us, who spend an extraordinary amount of time running around in the maze of the taghut’s law-system, day and night; while giving little time to the worship of Allah. And various brothers are at various levels within this description. We seek refuge in Allah from being negligent of His ‘Ibdadah. Can you please advise us regarding this issue?

Also what are the matters that are permissible or fardh to address through their kufr system? Can a Muslim try to defend himself to ward off the evil of being imprisoned by obtaining a lawyer or studying their law in order to better defend his case? Also in some prisons, like ours they do not allow us to make the adhan or pray in jama’ah or to have Jumu’ah. This is not allowed even by their own law. Can we complain to them and fight in their courts to have this right re-established or is this not even this allowed? Can you please clarify these issues for us as we wish to do what is most pleasing to Allah and do not wish to be of those who transgress the limits set by Allah and His Messenger Salalahu Alaihis Wa Salaam?

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In the Name of Allah, the Merciful, the Compassionate;

[Through forgetting some of the details of the first question], the Shaykh [Abu Muhammad al-Maqdisi] did not initially provide a ruling on the permissibility of litigation for the harm caused by the management of prisons or the government, [however] with respect to seeking the right for brothers to establish the congregational prayer or to hold study lessons and also considering (the view) of those who pursue litigation in order to seek those rights, that they have not disbelieved in doing so.

The Shaykh said that it is upon the brothers to be exhaustive in litigating, demanding their above-mentioned rights with a complaint to the Human Rights organizations, in order to appeal for these rights.

[As for the part that was forgotten initially regarding] finding a lawyer for the defense of the brother during the trial, then the Shaykh himself had found a lawyer to defend him and the lawyer carried out the legal procedures in order to defend the Shaykh, and before the ‘resting’ of the defense, he raised an objection before the court of appeals against the ruling which ‘bundled’ against the Shaykh, seeing his condition and the condition of the brothers who were tried in courts that were in reality trying them and they were not the ones bringing suit; so among their rights is to defend themselves.

 

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Sisters Writing to Non-Mahram Prisoners

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Question:

As-salamu alaykum. Is it permissible for Muslim women to write letters to Muslim men who are held in prisons in non-Muslim countries (sometimes in solitary confinement) in order to raise their eeman and keep their spirits high at a difficult time? Some sisters are claiming that it is necessary for them to do this even though these brothers in prison may be married (as may the sisters themselves) since there are not enough men writing letters to these prisoners. It is well-documented that women (including Muslim women) may become infatuated with male prisoners by writing letters to them especially if the men write back. What is the Islamic ruling on this issue and does the issue of infatuation have any bearing on the ruling? If it is permissible to write these letters, are there any Islamic guidelines regarding the content? Jazakallah khayr.
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Posted by on May 8, 2013 in Maktabah

 

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Justice is Essential to Mankind

Former prisoner Sheikh Ahmad Musa Jibril on why Ibn Taymiyyah correlates prosperity to justice, explained in the context of abusive conditions in US prisons. 

Part One

Part Two

 
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Posted by on October 13, 2012 in Maktabah, Videos

 

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Sisters Corresponding With Brothers in Prisons

Question: Is it permissible for female sisters to write brothers who are in prison (may Allah سبحانه وتعالى hasten their release)?

Islam came with guidelines, rules and principles that scholars derived from the study of the Koran and hadith.

Among those principles are what Imam Ahmad, Malik, Ibn Taimieh and others established under (سد الذرائع  ) which is the rule of avoiding something permissible that may lead to a prohibited/haram matter.

Another principle of Islam is (درء المفاسد مُقدّم على جلب المصالح), which means when the evil is greater than the benefit, then leave the benefit as much as possible.  One need not achieve it since it’s buried in the greater evil.

A third principle of Islam is   (ما أفضى إلى مُحرّم فهو مُحرّ), which means whatever leads to haram becomes in itself haram.

Based on the above mentioned principles of Islam, one should avoid corresponding with inmates of the opposite sex.

Most, if not all, the time, females writing male inmates start off with good intentions, but then the shytan enters, instigating and making a person think it’s only an innocent pen pal, or one can earn great reward for writing our beloved brothers in prison, or maybe instill the hope of marriage.

There may be a benefit to writing someone of the opposite sex, but that leads to excessive communication and possibly even haram.

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Posted by on June 12, 2012 in Maktabah

 

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