Jamiatul Ulama South Africa (Council of Muslim Theologians), Johannesburg

Jamiatul Ulama South Africa

Online Newsletter

Vol.: 3 No.: 33

18 Sha'baan 1429 / 20 August 2008

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Weekly Comment

Public Funds: Easy Come, Easy Go?
The Minister of Sport was questioned yesterday about the vast amount of money that had been spent on functions meant to welcome the South African Olympic team in Beijing. Considering the fact that nine million was allocated to the team itself last year, one finds it strange that 11 million plus South African Rands had been used for functions to welcome the same team. As it happens the funds were used for four functions, one of which had to be abruptly and prematurely cut short and one that did not even take place. Most commentators would consider the minister’s response highly inadequate and derisory, together with the fact that there was a partial admission of an administrative blunder.

It would be extremely interesting to see the results of a survey of how much hard-earned tax payers money is being spent on ceremonial functions which, on most occasions result in a mere nothingness in terms of any type of value (if such a survey were to take place, if it were allowed to take place and if its results were to be released).

At a time when resources are scarce and needs are great, is there no there no other worthy place where our money can be productively utilised and not merely spent. Is it not time South Africans insist that there be stricter accounting of the purse of public money, and that those found guilty of been careless in this regard be brought to book.

At the same time, many point out that there have been fewer reports in the media of corruption and abuse of public funds in the very recent past. One would hope that this would have been as a result of a decrease in the corruption levels and a more careful and effective use of public money. However, one wonders whether the debacles surrounding the disbanding and resultant limited functioning of the scorpions has anything to do with it … the less discovered the less reported.

Gen. Musharraf: Unceremonious Departure
He must have cut a lonely figure at the time when even allies could hardly voice support.

From the time Musharraf imposed a state of emergency in November 2007, it showed that the days of the erstwhile chief-of-staff at the helm were fast running out. By wide margins, provincial assemblies adopted a resolution calling for his head. It was either impeachment or resignation. He chose to step aside.

Why did the US allow such a key ally in the ‘War on Terror’ to go so easily? Has Uncle Sam secured guarantees for ‘business-as-usual’ with the likes of Asif Zardari and Nawaz Sharif?

Anwar Iqbal of The Dawn online newspaper from Pakistan reports of a US envoy who expresses concern for Musharraf saying: “…We have always said he is a friend of ours and he needs to be treated with respect.” So, would the US underwrite Musharraf’s honourable retirement? Or has he outlived his utility just as many other hitherto ‘special friends’ of America learnt the hard way of their disposability?

Musharraf is but one man. All the people of Pakistan as part of humanity deserve respect and dignity. The people of Pakistan have borne the brunt of the great political game of the region. The restoration of a civilian government should also be a return to normalcy. The violent incidents that have become a regular feature of a nation at war with itself should be curtailed and allow peace a chance.

Will Zardari and Sharif guarantee that for trouble Pakistan?

C O N T E N T S

Summarised Jumuah Bayaan
Question and Answer
Update
Message from the Ameer

I N F O R M A T I O N

Min. Mahr

R 120.22

Mahr Faatimi

R 6,011.22
Zakaat Nisaab R 2,404.49

Words of Wisdom

Hadith of the Week

Virtuous Mercy


Abu Hurairah Radhi-Allahu
anhu reported that the
Prophet Sallallahu ‘alayhi wasallam said: "The time between the five prayers, two consecutive Friday Prayers, and two consecutive (months of) Ramadan are expiations for all that has happened during that period, provided that one has avoided the grave (major) sins."
(Muslim)

Quotation for the Week

Friendship


Wishing to be friends is quick work, but friendship is a slow-ripening fruit.
(Aristotle)

Point of Reflection

Power of Gentleness


Softness overcomes hardness.

(Zuo Qiuming, Chinese Courtier)

Q and A

Question: I am a distributor of goods and my agents whom I supply goods to are continuously arguing with each other regarding the selling price. They are cutting each others’ prices making it more difficult for the smaller businesses to cope.

Answer: Is it permissible to enter into an agreement between the Wholesale distributor [myself] and the retail outlets to set a price that is market related and agreeable to all. A contract would be drafted to put the above mentioned agreement into place. At No stage will any party be compelled to enter into the agreement. Is such an agreement shariah compliant? If not, is there any shariah way of keeping the price uniform?

Answer: Islam correctly encourages the free functioning of market forces. Therefore, any activity that will lead to an irregularity in the market will be abhorred in Islam.

The matter in question is referred to as a 'cartel' in economic terms. They are said to occur as a formal agreement between firms regarding price fixing, market shares, establishing common sales agencies etc.
The main aim of such agreements is to increase an individual member's profits by reducing competition. These agreements are illegal in most countries.

Apart from the above, if you intend embarking on drawing up such an agreement, it would not be encouraged for the following reasons:-

In the event of a member contravening the laws of the agreement, which authority will intervene? After intervention, who will ascertain the degree of punishment?

Businesses operate at different levels of cost. They also have different levels at which they maximise profits. Many will have no option but to fall out after agreeing to abide by the agreement due to it not meeting their cost/profit requirements adequately.

The more difficult it becomes to standardise prices, all the more will it cost to maintain such an agreement.

With the passage of time, more businesses might decide to join in. As a result, coordination of the agreement will become difficult and could possibly lead to disputes.

If short term cheating is more profitable than long term losses, members will most probably be tempted to cheat on the agreement by not selling according to the agreed price.

Shah Waliyullah has commentated on the nine reasons that would affect the validity of a transaction. From amongst them, is to carry out any activity that is not in the best interest of the community. The matter in question might appear to be a solution but is in actual fact hampering competition which can be of benefit to consumers. (Hujjatullah 574/4)

When the Sahaba (R.A) requested Nabi (Sallalahu Alayhi Wa Sallam) to fix prices for them, he abstained from ceding to that demand simply because the fluctuation of prices is the Hikmah (wisdom) of Allah Ta'aala
(Hujjatullah 597/4)

In view of the above facts, we recommend that one abstain from the practice made mention of in your query. Instead, prices should be left to be determined by the market forces. Businessman should be honest and refrain from impermissible actions.

And Allâh Ta’âla Knows Best.

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U P D A T E

Zakaah Workshop
The Jamiatul Ulama and Masjidul Khair (St. Gothard Street, Mayfair West) will host a Zakaah Workshop on Wednesday 20 August 2008 after Esha Salaah (Jamaat: 7:30pm).

At the workshop, participants will interact with Ulama to learn how to calculate Zakaah among other aspects of this important pillar of Islam. Notes and Zakaah Calculation tables will be provided, insha-Allah.

Huffâz Seminar
The first-ever Jamiatul Ulama organised huffâz seminar took place at Mayfair Jumuah Masjid on Sunday 17 August 2008 from 10:30am until 12:30pm. The seminar focusing on the status and role of a hafiz and the conduct of Tarawih Salah was addressed by Moulana Hassan Dockrat and attended by a total of 70 huffâz.

Due to the success of the seminar, more programmes will be organized in the future insha-Allah.

Jamiat Appeal for Funds
The Jamiatul ‘Ulama, South Africa - the oldest ‘ulama organization of South Africa - has been serving the community for the past 84 years. It has 7 provincial branches.

The Jamiatul Ulama has various departments such as education, relief, hilaal notification, halaal supervision, social welfare, da’wah, ifta and counseling. It also responds to local and international crises.

The Jamiatul Ulama ensures that all zakaat monies are spent in accordance with the laws of shariah. All of our activities are made possible by your continuous generous contributions.

We appeal, in this blessed month of Ramadaan, for donations towards the activities of the Jamiat. You will, insha Allah, share in the reward of all the activities.

Kindly deposit your contributions in to the following account: Jamiat Ulama Transvaal, Nedbank Fordsburg, A/c No. 1953 285 937; Branch code: 195305, and fax your deposit slip to (011) 373 8022, clearly stating whether the contributions are Lillah or Zakaat.

Azaadville Darul Ulum End of Year Jalsah
Madrasah Arabia Islamia in Azaadville will be holding its annual Jalsah. The series of events lined up as part of the Jalsah will take place from Friday, 22 Aug. until Sunday, 24 Aug. 2008.

Included on the programme are speeches of senior Ulama from South Africa as well as overseas.

The final ceremony of Bukhari Khatam will start in the morning on Sunday 24 Aug 2008 when students under the tutelage of Moulana Fadhlur Rahman Azmi will graduate, insha-Allah.

Centenary of Burning of Passes at Newtown
On Saturday 16 August 2008 Newtown hosted an event marking 100 years since a group of people that included Mahatma Gandhi burnt a passes in a bonfire outside Hamidia Masjid in 1908.

The ceremony marking the event was organised by the City of Johannesburg, the Hamidia Masjid Society and the Indian High Commission. Muslims were strongly opposed to the pass laws which culminated into the discredited system of apartheid.

A 16 August 1908 picture (http://www.scnc.udw.ac.za) of the event which shows the historic protest gathering at the courtyard of Hamidia Masjid bears testimony to the important role of this mosque in the socio-political life of the people of the time.

Summarised Jumu’ah Bayaan:

Zakaah: The Third Pillar of Islam

“…of their goods, take alms, so that you (O Muhammad) may purify and sanctify them.” (9:103)

“Truly those who believe, and do deeds of righteousness, and establish Salaah,
And pay Zakaah, they will have their reward with their Lord. On them shall be no fear, nor
Shall they grieve.” (2:277)

• Zakaah is the third pillar of Islam, as Rasulullah salallahu alayhi wasalam mentioned in the famous narration, ‘Islam is founded upon five pillars: Bearing testimony that there is none worthy of worship besides Allah and that Muhammad salallahu alayhi wasalam is the messenger of Allah, establishment of Salaah, payment of Zakaah, performance of Hajj and fasting during Ramadhan.’ (Bukhari & Muslim). A person who denies this injunction automatically is considered out of the fold of Islam.

• In several places in the Noble Qur’an, Allah has made mention of the commandment to establish Salaah together with that of Zakaah. Its importance can thus be understood. It is for this very same reason that Abu Bakr radhiyallahu anhu was prepared to wage war against those who were not willing to pay their Zakaah after the demise of Rasululah salallahu alayhi wasalam. He exclaimed, ‘By the oath of Allah! I will fight with those that make a distinction between Salaah and Zakaah.’ (Bukhari). Ibn abbas radhiyallahu anhu said that these two orders of Allah are mentioned together and he who performs Salaah and but does pay Zakaah, his Salaah will not be accepted from him.

• Zakaah is form of worship rather than a tax levy. It is not a tax harshly removed from the pockets of people; rather it is a sign of the human instinct of helping those in need of the basic necessities of life. This beautiful pillar of Islam manifests its way in society in the most appropriate ways. A society can only flourish when the excess of those who have is used to assists those are in need, thus creating a balance in society.

• This injunction of Allah purifies ones wealth as well as inner self. Says Allah in the Noble Qur’an, ‘…of their goods, take alms, so that you (O Muhammad) may purify and sanctify them.’ (9:103) Giving of Zakaah removes miserliness from a person and creates generosity. Furthermore, it serves as means of purifying ones income from any taint in the form of acquisition through trade or otherwise.

• Those who are unmindful of discharging their Zakaah are severely reprimanded by Allah in the Qur’an and are warned against a severe punishment. A verse is Surah Taubah reads, ‘And those who hoard gold and silver and spend them not in the way of Allah, announce unto them a painful torment.’ (9:34)

• Whoever leaves a treasure of wealth behind after passing away, on which the dues of Zakaah have not been paid; on the Day of Resurrection his wealth will take the form of a bald-headed poisonous male snake with two black spots over its eyes. The snake will follow him, and he will say, ‘Woe to you! Who are you?’ The snake will say, ‘I am your treasure that you left behind,’ and it will keep following him until the man gives it his hand; the snake will devour it and then devour his entire body. (Tafseer Ibn Kathir)

• Zakaah is paid at 2.5% of the assets that a person owns. Allah has given us so much of wealth and we are asked to return merely 2.5% of that wealth in the path of Allah. Let us not focus on how much we are giving, rather let us consider how much we have.

• Whilst Zakaah is the pillar of Islam and compulsory, we should not forget the optional charity, commonly known as Lillah or Sadaqah. Allah loves those that give charity and rewards them accordingly. In Surah Al Baqarah, Allah says, ‘The parable of those who spend their substance in the way of Allah is that of a grain of corn: it grows seven ears, and each ear has a hundred grains. Allah gives manifold increase to whomsoever He pleases. And Allah cares for all and He knows all things.’ (2:261)
 
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Message from the Ameer of the Jamiatul Ulama

School Killings
The spate of reported incidents of crime, fighting, conflict and actual warfare on school grounds has reached extreme proportions. As an example the last few days have recorded that a sixteen year old in Heidelberg stabbed another student at school; a teenager was found with a gun at a school in Pretoria, a gang fight had to be stopped at a Johannesburg school and the gruesome and shocking bizarre murder of a youth in Krugersdorp made everyone suddenly take note.

The Krugersdorp killing has been put in the spotlight and many questions have been asked about heavy metal music, satanism and the like. While specifics can be considered in individual cases, incidents such as these need to be looked at and examined in a holistic manner. The Krugersdorp incident is a microcosm of the deviated mindsets of the youth of our community. It is not a phenomenon that exists in a vacuum or that originates or emanates out of naught or nothingness. Sick incidents need to be looked at as being resultant of a sick society.

The moral regeneration of our society must be stressed upon most strongly. Government plans on the moral regeneration need to be effectively implemented and every sector of society must become involved in reviving and revitalizing the moral spirit within the community. Factors that contribute towards the development of the moral diseases that have evolved into all consuming monsters must be fought on every front without any hindrance.

In addition the entire education programme and structure needs to be examined and re-examined. Is OBE working … or is it still too early to tell – what if it is too late when the time is right to tell? Educators must become more alert and aware to be able to effect a timorous detection and intervention of possible problems. Educators also need to be trained in this regard.

Parents too must accept an equal share (if not more) of the blame. They must become more involved in the lives of their children, provide them with guidance and become role-models their children want to follow. Parents must also rid themselves of the denial syndrome that has become ever apparent in our societies.
As Muslims we must remember that Allah has granted us a beautiful and complete Deen with a comprehensive formula. Those who follow it will become Allah conscious will not violate the laws of Allah and the rights of others.

As Muslim parents we need to take care, monitor and be all-conscious of what our children are doing while at the same time take that they are not effected by the influence of the immorality of the present world society. We must also strive to strengthen our imaan and our relationship with Allah, so that we can become responsible Muslims and exemplary members of the larger society we exist in.

The month of Ramadan is fast approaching. It is an ideal opportunity to grow and cultivate the consciousness of Allah that we describe as taqwa; it is a extraordinary opportunity to imbibe a spirit of obedience within our children and it is an incredible occasion to strengthen our relationship with Allah.

May Allah Subhanahu wa Ta’aala guide us to see the right, accept it, practice upon it and spread its message to the four corners of the world. Aameen.

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