Jamiatul Ulama (Council of Muslim Theologians), Johannesburg

Jamiatul Ulama

Online Newsletter

Vol.: 4 No.: 01

17 Muharram 1430 / 14 January 2009

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Weekly Comment

Israelis must stop the murder of innocents
No propaganda can cover the war crimes being committed against Palestinians

The Star (January 07, 2009)
Ebrahim I Bham (Moulana)
Israel's bombardment of Gaza has given rise to shock, anger and resentment within the international community. Protests have taken place around the world as a unified civil society cries out in outrage at the brutality of the airstrikes, preceded by an inhumane siege of more than 18 months.

The death toll has risen to more than 500. But death is a mercy over injury when one considers there is a shortage of anaesthetics for surgery and basic painkillers for wounds and fractures. Most of the 1 000 people with the horrific injuries can't be adequately treated by Gaza's ill-equipped and now bombed hospital.

These airstrikes are not just an attack on Palestinians; they are an attack on the collective conscience of the world.
The past 40 years clearly reflect that with each act of Israeli aggression against Palestinians, the resistance has become more intense. Yet Israel continues to seek to punish Palestinians for daring to claim a right to govern themselves. Israel has always manufactured a motive to expel or kill Palestinians. In the 1980s there was Sabra and Chatilla; before that the flattening of Beirut. Thousands of Palestinians were killed for throwing stones during the first intifada, thousands more were killed during the second intifada, apparently to stop suicide bombing. The current justification is Hamas and the Qassam rockets. Each time the Palestinian demon is evoked as an existentialist threat.

Palestinians in Gaza are fighting for survival, against annihilation by the state of Israel, which could so easily push them into the sea. They have no armed forces to match the sophistication of the Israeli army; only crude weapons and a steely resolve never to give in to the occupier.

Israel has made no secret of the degree and intensity of the planning behind the current brutal assault. The festive holidays were chosen to catch governments off guard.

Preparations for the war included a well-devised PR plan to convince the world that the state was merely defending itself. The Jerusalem Post reported that between 4pm and midnight on December 28, the main broadcasters - including CNN, the BBC, Sky News and Al Jazeera - devoted three-quarters of all their airtime to Israeli spokespersons.

The number of civilians killed has been massive, and this is no surprise when one considers the population density in Gaza.

What Israel has unleashed on Gaza is outrageous even by Israeli standards.

Every airstrike will kill innocent people. For the purposes of the Geneva Convention, all the people in Gaza are civilians as there are no regular armed forces in the territory. Thus, this attack breaches the provisions of the Fourth Convention and is a war crime.

Israel claims that its targets are legitimate - Hamas officials and security personnel. Israel may hate Hamas, but it has no right under international law to target its leaders for execution. In this assault, police stations have been targeted, although the police are regarded as civilians and should be protected as such in accordance with the Fourth Convention. The list of target also includes educational establishments, hospitals and places of worship, all in breach of international law.

Condemnation from Israel's allies has been missing. Calls for restraint are not sufficient and it is this weak response that has galvanised street protests around the globe. Israel may have won the war for airtime on the world's leading media stations, but it has lost the battle in convincing the world's citizens that it is justified in wreaking this havoc on the Palestinian people.

As with the war in Lebanon, civil society will not forget this inhumanity. Israel's continued performance as the playground bully is serving one purpose only: to alienate it and its people from everyone else in the world. Unless the Israeli people bring an end to this, they will be faced only with continued insecurity and hostility.

Moulana Ebrahim I Bham is secretary general of the Jamiatul Ulama (Council of Muslim Theologians).

http://www.thestar.co.za/index.php?fArticleId=4782727

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 125.66

Mahr Faatimi

R 6,282.81
Zakaat Nisaab R 2,513.13

Words of Wisdom

Hadith of the Week

People of Palestine

Umamah al Bahili Radhi-Allahu anhu reports that the Prophet Sallallahu 'alayhi wassalaam said: "A group of my community will remain on truth, they will vanquish their enemy and those who diasagree with them will not be able to harm them until Allah Subhanahu wa Ta'aala commands." "Where are these people?" The companions asked. The Prophet Sallallahu 'alayhi wassalaam replied: "In and around al-Quds (Jerusalem)."
(Imam Ahmad)

Quotation for the Week

Myths and Lies

 
"The history of an oppressed people is hidden in the lies and the agreed myth of its conquerors."

(Meridel Le Sueur)

Point of Reflection

Instinct


“A desire to resist oppression is implanted in the nature of man.” (Tacitus)
 

 

Q and A

Question: A number of scholars have discouraged me from seeking justice through non-Shariah courts of law. Under what circumstances can I take recourse to the courts by suing someone?

Answer: If by suing, you mean initiating legal proceedings to gain a right due to a person in terms of Shari’ah (and not more than the right due to him) and after exhausting all other efforts, the only recourse left to gain his right was to go to court, then it will be permissible to do so. If, on the other hand, by “suing” you mean suing a person for defamation of character and thereby getting some monetary compensation from the opposite party, then that will not be permissible.

May Allah Ta’aala grant us the correct understanding of His religion and make us practice upon it.

And Allâh Ta’âla Knows Best.

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U P D A T E

Rally on Gaza
A rally has been organized today, Wednesday 14 Jan 2009 in Lenasia where hundreds of people are expected to attend. It will held at Baitun Nur Hall starting from 7:30.

Among the speakers will be: Moulana Ebrahim I Bham of the Jamiatul Ulama, Salim Vally of Palestinian Solidarity Commitee, Eddie Makue of South African Councial of Churches Fatima Hujaig as well as Zwelinzima Vavi of COSATU)


Taalimi Board Visits Thailand
A delegation of Ulama from the Jamiatul Ulama’s Taalimi Board have just concluded a working visit to Thailand. Thailand is one of the countries where organizations have adopted the Tasheel series in their instruction of Islam for school-going children. During the trip, the Ulama shared their experiences and techniques for the implementation of the Islamic curriculum under the series.

Textbooks under the Tasheel series have been translated into the Thai language.

Summarised Jumu’ah Bayaan:

Gaza on Fire
Prepared for presentation on Friday, 16 January 2009 (19 Muharam 1430)

Whilst the region of Gaza and its people find themselves in the grips of Israeli Terror since the avalanche of bombarding which began in late December 2008, the issue is close to the hearts of Muslims. Ulama are requested to highlight the crisis by developing their lecture around the following themes:

Allah says in the Noble Qur’an:
سُبْحَانَ الَّذِي أَسْرَى بِعَبْدِهِ لَيْلاً مِّنَ الْمَسْجِدِ الْحَرَامِ إِلَى الْمَسْجِدِ الأَقْصَى الَّذِي بَارَكْنَا حَوْلَهُ لِنُرِيَهُ مِنْ آيَاتِنَا إِنَّهُ هُوَ السَّمِيعُ البَصِيرُ
Glory be to Him Who made His servant to go on a night journey from the Sacred Mosque to the remote mosque of which We have blessed the precincts, so that We may show to him some of Our signs; surely He is the Hearing, the Seeing.
[Al-Israa, Ayah 1]

What does Al-Aqsa Mean to Us?
• Islam’s First Qiblah - Rasulullah sallallahu ‘alayhi wasallam instructed the early Muslims to perform Salah whilst facing towards Al-Quds before the revelation to face towards Makkah as Qiblah.
• Its sanctity is matched only by Makkah and Madinah - In the Noble Qur’an there are many verses implying that the Land of Palestine, the city of Jerusalem and the entire environs are set apart as blessed. The land around Masjid Al- Aqsa is referred to 70 times in the Qur’an.
• Land of the Isra and Miraj -The Night Journey of Rasulullah sallallahu ‘alayhi wasallam was to Jerusalem. It was from here that the Ascension to the Heavens took place.
• Virtues of praying in Masjid Al Aqsa are exalted - Up to 500 times more virtuous than any Masajid other than Baitullah and Masjid Nabawi sallallahu ‘alayhi wasallam. (Hadith: Abu Darda; Al Bukhari).
• It is an article of Islamic faith to respect all the Prophets - As many Ambiyaa were associated with Al Quds and its surroundings, every inch has become an object of reverence.
• Linked to the Last Day - Maimunah bin Sa’d radhiallahu ‘anha asked: ‘O Prophet of Allah! Tell us about Baitul Maqdas,’ to which he replied, ‘It is the land of gathering and resurrection.’ (Abu Dawud)
• Waqf - After ‘Umar ibn Khatab radhiallahu ‘anhu signed an agreement, he refused to distribute the land amongst the Muslim soldiers and declared it an Islamic endowment [waqf] for the benefit of future generations. Waqf, by definition, is a property that belongs to Allah until the Day of Qiyamah. Islamic literature is filled with references to Palestine as an Islamic trust or endowment.
• Sahabah - Approximately four thousand Sahabah radhiallahu ‘anhum are buried in this sacred land.

What’s happening in Palestine Today?
• Extrajudicial killings and assassinations by Israeli occupation of Palestinian freedom-fighters and activists are well-documented.
• Zionists continue to implement their policies of exclusion by building an apartheid wall on Palestinian land.
• Land is routinely expropriated for establishment of illegal settlements of migrant settlers from around the world except Palestinians.
• Palestinian refugees within Palestine and beyond are denied their right of return to their homeland.
• The so-called Israeli-Arabs risk losing their citizenship at any given time while more and more settlers are naturalized so long they claim Jewish descent. With the exception of Jordan, all other Arab states have not given Palestinian refugees citizenship status.
• Palestinian people live in squalor and abject poverty in Lebanon, Syria and in the Occupied Territories.
• Acts of provocation such us excavation of the area around and under the Haram al-Sharif under the pretext of archaeological research are sanctioned as legitimate.
• Routinely such provocation leads to confrontation through which disproportionate force is used against Palestinian defending the Haram al Sharif to decimate, terrorize, maim and put under siege the wider Palestinian community.
• The Palestinian economy is at the mercy of the Occupying Power: Israel decides what can be imported or exported, restricts movement of people and controls access to all borders and sea.
• Israeli stands out a record-breaker in ignoring United Nations resolutions. In cases where no resolution was passed against Israel, it was with complicity of the US vetoing such a resolution.

Where is GAZA?
• Gaza, which is one of the most densely populated areas in the region, which has been suffering a large scale humanitarian over the past 18 months. It is boarded by ‘Israel’ in the north and east, Egypt in the south and the Mediterranean to the west. Present day Gazans originally resided in the Occupied Territories and were later forced into this region by the Israeli regime only to expand its own land mass.
• Israeli war planes have repeatedly bombed and utterly demolished Gaza's only power plant. About 700,000 of Gaza's 1.3 million people have had no electricity, and have been without basic necessities of day to day life.
• In short, over a million civilians have been trapped in their homes listening to Israeli shells, while facing the awful prospect, within days or weeks, of having to give toxic water to their children that may consign them to quick but agonizing deaths.
• Gazans are practically living in the world largest ‘concentration camp.’

Who is Hamas?
• Hamas is organization which draws its guidelines from the principles of Islam. Its interpretation of reality, life, humanity and conduct stems directly from the Islamic ethos, thus creating a departure from the ideology of the PLO which is founded on Palestinian/Nationalistic Consciousness.
• According to Hamas, the issue of Palestine is the responsibility of the Ummah and not merely of those residing there. Thus, the liberation of this land is binding upon every Muslim.
• The cornerstone of this movement is that the land of Palestine is an Islamic Endowment (waqf); therefore no person can renounce and abandon it or a portion of it.
• Believing that a divided leadership would undermine the interest of the region, Hamas has and continuously strives to maintain healthy relations with the Palestinian Authority and other regimes in the Arab world.
• Based upon these fundamentals, the Hamas Administration has always posed a threat to the Zionist State of Israel to achieve its sinister goals and dreams. This is despite the fact that Hamas was democratically elected in February 2006 by its people to administer the affairs of the region of Gaza.

Who broke the ‘Truce’?
• The Egyptian-mediated truce between Hamas and Israel took effect on 19 June 2008. The six month ceasefire deal stipulated that Hamas, will halt the fire of homemade shells into Israeli territory, in exchange for Israel lifting the 12 month-blockade and ceasing all military attacks against the Gaza Strip. In addition the truce deal included that Israel and Hamas will start to conduct indirect talks over a prisoners swap deal. Both Hamas and Israel announced that they agreed on the conditions.
• Throughout the truce Israel did not lift the siege on Gaza as required and on more than 20 occasions during this six month period they defied the articles of the truce.
• The most recent series of airstrikes on Gaza is not just an attack on Palestinians, rather an attack on the collective conscience of the world. The past 40 years clearly reflect that with each act of military aggression against Palestinians by Israel, the more intense the resistance becomes.
• Historical fact indicates that Israel always manufactured a motive to expel or kill Palestinians. In 1980’s there was Sabra and Chatilla; prior to that the flattening of Beirut; thousands of Palestinians were killed for throwing stones during the first Intifada; thousands more killed during the second intifada apparently to stop suicide bombing and; the current justification is Hamas and the Qassam rockets. Each time the Palestinian demon is evoked as an existentialist threat.
• The facts are clear: Palestinians in Gaza are fighting for their very survival, against annihilation by the state of Israel, who could so easily push them into the sea. They have no armed forces to match against sophistication of Israeli army, only crude weapons and a steely resolve never to give in to the occupier.

Our Attitude
• There’s no need for despondency. Remember the words of Rasulullah sallallahu ‘alayhi wasallam, “How wonderful is the affair of the believer, for his affairs are all good, and this applies to no one but the believer. If something good happens to him, he is thankful for it and that is good for him. If something bad happens to him, he bears it with patience and that is good for him.” (Muslim)
• In another narration Nabi sallallahu ‘alayhi wasallam is reported as saying: “The greatest reward comes with the greatest trial. When Allah loves a people He tests them. Whoever accepts that wins His pleasure but whoever is discontent with that earns His wrath.” (Tirmidhi and Ibn Maajah)
• The ‘Ulama explain that any difficulty befalls a believer either as a means of forgiveness or of raising one’s rank in the eyes of Allah if he finds himself living the obedience of Allah. However, if perchance a believer has strayed from the path of righteousness, discomfort comes his way as a wake call to come back to Allah.

What must we do?
• Du’a is the weapon of a believer. Rasulullah sallallahu ‘alayhi wasallam said: “The du’a of a Muslim for his brother (in Islam) in his absence is readily accepted. An angel is appointed to his side. Whenever he makes a beneficial du’a for his brother the appointed angel says, 'Aameen. And may you also be blessed with the same.” [Sahih Muslim]
• Rasulullah sallallahu ‘alayhi wasallam said: “Believers (in their mutual concern for each other) are like a single individual, if his eye is in pain, his entire body is in pain, if his head is in pain, his entire body (becomes restless) with pain. (Muslim) Their pain is our pain, their loss is ours! The minimum we can do is read the Qunoot-e-Naazila and beg Allah for His forgiveness and mercy.
• Educate yourself and your community about Palestine and the issues related to it.
• Support causes for Palestine through charity.
• Engage the media and government in the highlighting of the issue of Palestine as a humanitarian crisis.


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Message from the Ameer of the Jamiatul Ulama

The Muslim Ummah is like one body
The period of the last twenty days has been an extremely difficult and distressing period. It was period wherein the Israeli Occupation Army went on a pre-planned, unwarranted and unjustified rampage of murder and pillage in Gazza. The offensive began with indiscriminate aerial bombings on every conceivable type of structure including schools, hospitals, buildings from which non-governmental organisations were operating from and even Masjids. The assault continued with the entering of ground troops , but did not bring to end the aerial battering. The onslaught continued with the troops then going full-force into the built-up areas and the wholesale killing continued.

Over the last less-than three weeks over a thousand people have been confirmed killed, more than a third of them being women and small children. Thousands have been injured and tens of thousands have been left homeless. There is little, if no, food and there is hardly any electricity. Hospitals are finding it hard to continue and often have to make difficult choices between life support machines and just-born infants, medicine is in short supply, ambulances find it difficult to travel to where the critically injured lie bleeding to death while many ambulance have been damaged and destroyed by the blanket bombing.
The fact that the Israeli offensive was clearly pre-planned is unmistakable and the transparency of the lies is more than clear for all to see.

The world stands by and looks on with half-hearted attempts to reach unfair agreements that the Israelis still reject. The leadership in the Muslim world has not been forthcoming and the people of Gazza feel deserted.

In all this, we do, and we must feel the pain. We must remember the hadeeth of the Prophet (sallallahu `alayhi wa sallam) that teaches us that the Muslim Ummah is like one body. The verses of the Qur’an are also clear in this regard. We must remember that it is our duty to assist in the best way possible. We must support every effort that is made. Our financial assistance is also of great importance and we must create an awareness of the true situation in Gazza and the rest of Palestine. We must make istighfaar and correct our actions and most importantly, we must make du`aa to Allah, that He changes the situation.

Every effort we make (whether it be financial assistance, writing of letters, signing petitions, boycotting of companies that openly support the Israeli army, etc) must be strongly highlighted with the realisation and understanding that only Allah can change the situation – it must include turning to ad putting our trust in Allah, knowing and believing with all our hearts that Allah is Most Just and His Justice must prevail.

May Allah (subhanahu wa ta`aala) grant sabr and istiqaamat to our brothers and sisters in Palestine, may He protect them and grant them success in the fight to protect themselves against the flagrant oppression and may He raise the status of the shuhadaa. Aameen.
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