Khilafah Magazine March 2002

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Contents Dhul Hijjah 1422 · March 2002

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Cover Issue 3 Volume 15

"Everything we had, our home, our possessions, our money, it's all gone," said Rehmat Bibi, sheltering along with several hundred Muslim families in an Ahmedabad mosque. This was one description of recent days of rioting and violence in India that have seen Hindu mobs rampage through towns, cities and villages slaughtering Muslim men, women and children. Over six hundred people are said to have been killed according to official sources - the real number is unimaginable. Indian authorities are said to have turned a blind eye to the atrocities...

Muslim villagers fleeing firebomb attack are electrocuted by murderous Hindus

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5

1.

IMF or bust

2.

Saudi enters into Middle East peace game

3.

“Please sir; can I have some more?”

4.

Blair, An American Conservative in Africa?

5.

India and Russia - Invited to the feast

6.

Musharraf and Bush - just good friends

7.

House of al-Saud - The Bastions of Kufr

8.

The Word of Truth…

19 The Life of Umar ibn al Khattab

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The 3rd of March this year marked the 78th anniver sary of the abolition of the Khilafah. The Turkish National Assembly this day in 1924 finally put an end to the Islamic ruling system. This followed two days of an intense debate calling for its end lead by Mustapha Kemal. After the debate which ended at 6.30 am on the 3rd of March, it was soon announced that the Greater National Assembly had approved the abolishment of the Khilafah and the separation of the Deen from the state.

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A shift in relations between America & Saudi Arabia

With Iraq's invasion of Kuwait in August 1990, and the big fear that an aggressive and powerful Iraq would come to control more of the world's Oil supply, the Kingdom (under the leadership of King Fahd since 1982) invited Washington to use its territory as the launching pad for rolling back Baghdad's occupation. Some 700,000 U.S. troops followed. This came as an enormous shock to elements within the Saudi Kingdom. One such element being Osama Bin Laden, who had initially lobbied the Royal Family to organise a popular defence of the Kingdom and raise a force from the Afghan war veterans to fight Iraq.

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February 2002 saw the publication of a new book called "Jihad", written by the now well-known journalist Ahmed Rashid. As the cover says, the book explains, "The roots of funda mentalist rage in central Asia…and suggests ways this threat can be neutralised." As an account of the political events in the region this is probably one of the more detailed pieces available. However it goes fur ther, adding views on jihad, inaccurately describing the Islamic political party Hizb ut Tahrir, and criticising its aims. It complains about a lack of detailed policy and highlights the danger of the Hizb changing its ways, before finally concluding that Islam is not the key to resolving the areas problems, but rather...

News from around the world

The 78th Anniversary of the abolition of the Khilafah

magazine

The Secularists Jihad

Editorial

Reference

Khilafah

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The fact that Umar (ra) transformed his personality should show us that each one has the potential for change. The story of Umar (ra) provides the believers with hope and instills within us the drive to seek perfection. Abdullah ibn Masood said of him, "We are still noble since Umar's Submission to Islam." He also said "Umar's Submission to Islam was a conquest, His Migration was a victory, His Imamate (Khilafah) was a blessing, I have seen when we were unable to pray at "the house" (Ka'ba) until Umar submitted, when he submitted to Islam he fought them (the antagonistic idolaters) until they left us alone and we prayed."

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A Cry of Iman from India

More recently since the vile Mushrikeen tore down the Babri Masjid under the instructions of the Hindu fanatics, after this followed days of riots, thousands of Muslims who were gathered in mosques after listening to Islamic speeches made way to their homes in neighbouring cities. They were arrested and put in filthy prisons for no reason. When the Muslims asked for drinking water they were given urine in shoes to drink, and also beaten and humiliated by the police officers to say: "Ram lala ki Jai" (Praise Ram). In the state of Gujarat in areas such as Ahmedabad, Baroda, Navsari, and most notably Surat, hundreds of Muslims were killed in a matter of days as a direct result of mob violence. In Vijay Nagar (Surat) many Muslim women witnessed their men folk brutally killed in front of them. In one colony the electricity was cut and large flash lights were turned on towards the women's homes. The Mushrikeen dishonoured your sisters and then used these lights to film their attrocity...

Imam Shafi did not change Islam according to changing times and places

Those who wish the Ummah to accept submission before US hegemony have sought to amend Islam so that it does not exceed the boundaries set by Blair and Bush. They carry the old call of "modernism". They would have us accept the Western way of life because the West is strong. Such a call is in fact just one part of the crusade against Islam that is being waged under the guise of a "war against terrorism". The mod ernisers who sit in the courts of Blair and Bush and at the feet of the tyrant rulers in the Muslim countries suggest that Islam can change from time to time, and from place to place.

The Contract of Ruling in Islam

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In recent years as the tide of the Islamic resurgence in our lands increased in strength, shaking the power of the rulers of the Muslim countries and creating a widening gulf between the ummah and the rulers, we have witnessed the increased use of Islam by our rulers to justify their positions of power. For example on February 5th 2002, President General Pervez Musharraf invoked a verse from the Qur'an to claim that the authority for his rule is a divine authority ordained by Allah (swt).

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Refutation of Intellectual Property

Intellectual property, arguably a recent phenomenon and perhaps novel to some, nevertheless has characterised western economics, multi national co-operations and aided western economic colonisation. In today's debate it seems to have become an indispensable tool for the Capitalists in aiding the ideolog ical, political, socio-economic, & intellectual hegemo ny as will be argued later...

Government bolsters Indian hegemony

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March 2002 Khilafah Magazine

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Editorial

Khilafah Magazine · www.khilafah.com · magazine@khilafah.com

Editor Dr Imran Waheed

"Everything we had, our home, our possessions, our money, it's all gone," said Rehmat Bibi, sheltering along with several hundred Muslim families in an Ahmedabad mosque. This was one description of recent days of rioting and violence in India that have seen Hindu mobs rampage through towns, cities and villages slaughtering Muslim men, women and children. Over six hundred people are said to have been killed according to official sources - the real number is unimaginable. Indian authorities are said to have turned a blind eye to the atrocities and Indian police are said to have taken part in the slaughter.

In Delhi, Muslims were terrorised by chants saying, "Maro, Maro in Musalmano ko, aaj koi nai bachega" (Kill, Kill the Muslims, none of them will survive today). During Eid al Adha last year the idol worshippers burnt the Qur'an in full view of the world's media near the United Nations Building in Delhi. Muslim families living in non-Muslim areas are terrorised into donating money for Hindu temples and festivals. In August 2001 a mosque in the village of Asind in Rajasthan state was destroyed. Then the mushrikeen placed the idol of "Hanuman" or the monkey-god in the remaining ruins of the razed mosque. Following this the mushrikeen burnt four copies of the Qur'an. The impotence of the Indian government in dealing with these bloodthirsty zealots comes as no surprise given their historical and doctrinal animosity towards Islam and the Muslims. Similarly the impotence of the rulers of the Islamic lands comes as no surprise given their history of cowardice, treachery and capitulation. Rulers who were not moved by the slaughter of the Muslims of India before, the rape of Muslim women and the destruction of the House of Allah (swt). True to the spirit of betrayal, the government of Musharraf announced that it viewed the events in India as an internal matter of law and order, thereby abandoning the Muslims of India. Why does the government persist in such a weak stance before all manner of Hindu transgression when boldness is the need of the time? Their behaviour is far beneath what is required of leaders of Muslims. When Raja Dahir and his Indus Delta pirates fell upon Muslims in 712 CE, Hajjaj bin Yusuf, the Wali of Baghdad, turned to Khalifah al-Walid bin Abdul Malik for permission. Al-Walid did not ask for restraint by dismissing it as 4

Khilafah Magazine March 2002

magazine

Published by Al-Khilafah Publications Suite 298, 56 Gloucester Road, London, SW7 4UB

Assalamu Alaikum wa Rahmatullahi wa Barakatahu,

This is not the first time in recent history that the Muslims of India have been butchered at the hands of the mushrikeen of India. In 1992 Hindu mobs demolished the sixteenth century Babri Masjid, vowing to replace it with a mushrik temple. Some two thousand Muslims were killed in the aftermath of its destruction. Thousands of Muslims who were gathered in mosques were arrested and put in filthy prisons for no reason. They were beaten and humiliated by the police officers and made to say, "Ram lala ki Jai" (Praise Ram - a Hindu idol).

Khilafah Editorial Board Jalaluddin Patel Abdul Hamid Jassat Taji Mustapha Dr Baber Qureshi Fouad Hussein Editorial Advisers Dr Abdullah Robin Walid Gubara Ammar Zalloom Asif Khan Ahmad Jassat Hassan Mujtaba

Sisters Editorial Advisors Dr Nazreen Nawaz Sameena Asghar Hodan Abdullah News Samiul Muquit Production Badrul Rashid Mokbul Hussain Publishing Nurul Amin

an internal matter. Muhammad bin Qasim was dispatched with six thousand cavalry and six thousand armed cavalry drivers. He faced an army several times this size and defeated them. The worshippers of idols were taken from the darkness of idolatry to the light of Islam and its system of life. Islam forbade the forcible conversion of the Hindus to Islam, the insulting of their beliefs and the violation of their property and their honour. Muhammad bin Qasim told the administrators of the Khilafah, "Deal honestly between people and the state. Fix taxes according to the ability of the people to pay." So who is there who will protect the Muslims of India from the savagery, oppression and tyranny of the mushrikeen therein? Who is there who will defend the honour of the Muslim women? And who is there that will maintain the mosques of Allah (swt) with security? The answer is in this simple reality - Muslims in the entire Indian subcontinent owe their existence to the boldness and courage of the statesmen of the Khilafah and their future security and prosperity requires no less than this. Dr. Imran Waheed

No Copyrights Since Islam rejects copyrights and patents you are free to reproduce articles contained within this publication. It is our kind request that when doing so you cite the author and source of the article.

Translation of the Qur’an It should be perfectly clear that the Qur’an is only authentic in its original language, Arabic. Since perfect translation of the Qur’an is impossible, the term ‘Translation of the Meaning of the Qur’an (TMQ) has been used, as the result is only a crude meaning of the Arabic text.

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Reference

From International Media

This article has been quoted from the British paper The Independant

Muslim villagers fleeing firebomb attack are electrocuted by murderous Hindus The cement homes in the narrow cul-de-sac on the edge of the village stand open today, ready for their owners to return, to light a wood fire in the kitchen, turn on the small television on a shelf in the corner and bolt the door. But after what happened here early on Saturday morning, no one believes the Muslim labourers of Sadarpur will come back. The assault began soon after 2am. I was told that 10,000 people (likely to be an exaggeration), from surrounding Hindu-majority villages descended on Sadarpur and in little more than one hour slickly eviscerated this little community of about 140 Muslims. BJP failure demonstrates ethnic fragility of India BJP's humiliating defeat in crucial mid-term polls, inspite of weeks of anti-Pakistan sabrerattling designed to incite Hindu fundamentalist fervour, demonstrates the fragile nature of Indian society and the failure of democracy and Hinduism in holding together its various ethnic and religious groupings. BJP came to power on the back of its conflict with Pakistan in Kargil. Its February election campaign involved a similar strategy with mass troop movements and humiliating demands from Pakistan on the matter of extradition. In spite of Musharraf's shameless complicity, the BJP was unable to muster support from a disenfranchised population. From the Muslims of Assam to Kashmir, from the Tamils of Sri Lanka to the Sikhs of Amritsar and the Untouchables throughout India, many are disaffected by the Indian polity. This is testimony to the failure of democracy and Hinduism as unifying forces. Neither democracy nor Hinduism deserve any role in the India subcontinent. Islam alone has proven throughout the world its ability to melt people's of different races and creeds as a productive whole. In fact, although the Hindus today try to present Muslim rule in India as just another form of imperialism, the reality is that the best time for ethnic cohe sion and harmony in the Indian subcontinent was under Muslim rule. www.khilafah.com.pk 26 February 2002

Tree branches and lengths of concrete sewer piping were dragged across access roads to stop army and police reaching the village. When the thugs arrived they flooded the dead-end lane with water, then electrified the water with cables hooked up to the mains. They clambered on to the low roofs of the houses, smashed holes in them and hurled in petrol bombs and Calor gas cylinders that exploded inside, driving the residents out into the lane. There, many were electrocuted. Their bodies were dragged back into the houses to burn. Others fled out of back windows into fields. Some got away, others were hunted down and incinerated. Some were sheltered in homes of sympathetic Hindus in the village, but the marauders tracked them down and butchered them. At least 28 men, women and children died. "Now it's not possible for Muslims to stay here," a Hindu living near by says flatly. Fifty kilometres (30 miles) away, in the majorityMuslim village where the survivors have found shelter, one of them agrees. "We decided that we must leave that place," says MY Pathan, a teacher. "We left everything behind, we came with what we were wearing. And we don't want to go back, even to collect our belongings." The Hindu-Muslim violence in the west Indian state of Gujarat has claimed almost 500 lives in the past five days, though senior police say privately the figure may exceed 1,000. The first 58 to die were Hindus, pilgrims returning from Ayodhya, incinerated in their train carriages. But in wave after wave of retribution that followed, almost all who died have been Muslims. The violence spread yesterday to the country's most populous state, Uttar Pradesh, where Hindus and Muslims clashed. While arsonists continued to attack Muslim homes and businesses in Ahmedabad, the

state's commercial capital, yesterday, Gujarat was struggling to come to terms with the fact that these new waves of murder and destruction have been different from anything the state has seen before. Across Gujarat, Hindu militants are seizing the opportunity to kick-start a programme of brutal communal cleansing. Like many of last week's victims, the Muslim labourers of Sadarpur were extremely vulnerable: their simple homes are notably smaller and more primitive than those of the Hindus who surround them on three sides. But until last week, such exposure meant nothing. As well as a temple, the village has a sizeable mosque, and a higher-caste Muslim community living close to it. Hindu-Muslim riots have broken out almost every year in Gujarat - the fountainhead of Hindu nationalism - but they have been confined to the big cities. With the killing of the Hindu pilgrims last Wednesday, a new era arrived. A Hindu hotel clerk in Ahmedabad said: "Now each and every Muslim is a target." There was rumour of trouble in Sadarpur on Friday evening. Mr Pathan says: "We were told some people will attack. So we called the police." An officer and five constables showed up, distributed bland assurances and went away again. Far from being an outburst of communal frenzy, this was a surgical strike, carried out with military ruthlessness and discipline. All the bodies had been removed when The Independent visited the site, but evidence of the massacre was all around: the huge puddle in the lane, anomalous in this parched zone; a burnt-out jeep; bags hastily half-packed for flight; and in home after home, beds where victims had died, burnt out, nothing left but the charred frame and a stinking black spongy mess on the floor. Yet there was no looting here. Televisions sit untouched. Shiny galvanised food dishes are still neatly aligned on sideboards. The murder of 28 people in Sadarpur - one survivor claims the true figure is 55 - followed precise instructions. In Sawala, where 20 survivors from Sadarpur have taken refuge, I spoke to GM Bahelim, a teacher. about the Muslims' future. Hindus from surrounding villages have destroyed crops in Sawala, stolen buffalo and vandalised wells, but only two men have died. Mr Bahelim is bleak. "India is our country, our motherland. But the BJP [the Hindu nationalists who rule both in Gujarat and, in a coalition, at the centre] want the Muslims of India to go to Pakistan. They don't want to give us any protection. They are saying, 'If you want to live in India, become our serfs'." By Peter Popham in Ahmedabad 04 March 2002

March 2002 Khilafah Magazine

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News From Around The World

IMF or bust In the beginning of February, President Musharraf made assurances to senior IMF officials that he and his administration were in the process of making current political and economic reforms (such as trade liberalisation, tax reforms and privatisation of state-owned companies) irreversible, even after the October elections. It has been reported that, Musharraf told several officials including Henri Ghesquiere, the funds senior resident representative in Islamabad, that "neces sary legal requirements" were being completed to protect all of the political and economic decisions of the government, and that these could not be changed or challenged in any court of law. It was pointed out by Musharraf, himself, that his government had been taking bold and unpopular decisions with a view to removing distortions from the economy. Sources said Musharraf and his government would like to ensure that the development strategy benefited the common man and revived economic growth. Musharraf made assurances to these officials of the IMF as it is the IMF that dictates the economic policy of any country that it loans money to. Theoretically, the money that has been borrowed is infused into the economy and aids economic growth, the rewards of which are then used to improve the general condition of the nation, and lead to greater foreign investment as the nation's economy gains confidence. However, if one analyses the economic reality of Pakistan one sees a completely different picture. The country has an external debt of £38 billion (2000 estimate), 50 percent of the annual budget goes towards debt repayments and of the remaining amount the majority goes towards defence, leaving a small amount to be spent internally. On top of these figures, Pakistan's imports outweigh her exports, so each year the country moves further into debt. In light of these startling figures, one wonders how Musharraf expects to improve the situation of the 40 percent of Pakistan's population that are living below the poverty line. For Musharraf to make assurances for the implementation of such crippling policies, which are Haram in Islam as they are interest based, is another evidence of his subservience to the West.

Saudi enters into Middle East peace game

“Please sir; can I have some more?”

Blair, An American Conservative in Africa?

For years the Muslims have refused recognition to the state of Israel, and the sincere sons and daughters from amongst them have exalted the rejection of any peace over the land stolen by the Kuffar and given to the Jews.

"We have to beg", said the Qatari foreign minister, Hamad bin Jasim alThani. Though superficially it may have appeared that he was making a random, enthusiastic statement about 'Oliver Twist', he was, quite worryingly, trying to propose a solution for the Arab-Israeli issue. This was during a recent comment on the lack of success that the Arab regimes have had in affecting US policy in this area. He continued, "The word 'beg' disturbs me, but begging is the right word, for the Arabs don't possess the power, and their situation doesn't allow them to exercise any pressure in favour of the Palestinians."

Blair just can't get enough of his second term. Domestically he was initiating that well known innovation, 'Private, Public Initiatives', or just simple 'privatisation' in the words of Thatcher. Not stopping at this lack of thought and established failure, he is now trying to revive the concept of the 'Marshall Plan' on the foreign front in Africa.

Now Crown Prince Abdullah, the de facto ruler of Saudi Arabia, has entered the game in an overt fashion, it seems whatever remained of Yassir Arafat's credibility as a leader able to manufacture a peace deal has disappeared after his house arrest, so the Americans have entered the 'prince' as their new pawn. In doing so a new danger looms for the Muslims to be wary of, for they have potentially granted the Israelis a boon they have long sought, this being recognition as a legitimate state by the Arab states. Bush has already praised the initiative as has Javier Solana, foreign policy chief of the EU. "Mr Solana would like to hear from Crown Prince Abdullah the ideas he has in mind," an EU spokeswoman said. The PLO of course continue to serve by endorsing the new proposals also and Sharon too is eager to take this opportunity that has arisen through the total discrediting of Arafat at the hands of the Israeli military. In fact Israeli President Moshe Katsav offered to fly to Saudi but was refused as part of the Saudi brokered plan is for Israel to first remove itself from Gaza and the West Bank, and the Saudis desire this first before any permanent move is made. The Muslims must recognise and rebuff this new deception by the Americans to aid her Middle East wild card in her quest for recognition and peace. The deployment of Saudi Arabia in this role is a sinister development as it adds both weight and legitimacy to the peace process that was lacking with the PLO and places pressure on the other Arab states to follow suit and recognise Israel. Perhaps most twisted of all is that it brings an apparent Islamic legitimacy to this agenda of Kufr. Notorious for avoiding any type of political sermon, Saudi Arabia's grand mufti, Sheikh Abdul Aziz al-Sheikh addressing over two million Hujjaj on Mount Arafat, criticized the state of Israel in an uncharacteristic political attack allowed by the Saudi regime, labelling Israeli actions as "injustice, aggression and terrorism". Whilst this was a novel style of Khutba permitted by the Saudis it creates great pressure upon the Israelis to conform to the Saudi proposals, a dangerous new strand to push the surrender Masjid alAqsa and its vicinities. Dr Baber Qureshi

Mohammed Ashifuddin.

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Khilafah Magazine March 2002

In the true spirit of sell-out politicians, his statement had nothing at all to do with Islam. Muhammad (saw) never took the help of the Kuffar in this way, and Allah (swt) has forbidden it for all the believers;

"Let not the believers take the disbelievers as helpers instead of the believers, and whoever does that will never be helped in any way" [TMQ Al-'Imran: 28]. Rather we should turn to Allah (swt) for guidance on how to solve the Israeli issue, and follow it to the letter. It is not befitting for the great Islamic Ummah to extend its hand to the Kuffar for help. It wasn't because Allah (swt) didn't grant the Muslims the greatest of power, wealth and guidance that we have entered into this situation; forced to take out the begging bowl. Rather it was due to the complete lack of political will of the Muslims' rulers; the ones that are in bed with the West, and who have sold Islam and its Ummah for a cheap, cheap price. It is they that make this Ummah weak, and it is their fault that they are unable "… to exercise any pressure in favour of the Palestinians." This is only another example of that lack of will and determination.

Nepad (New Partnerships for Africa's Development), dubbed the 'Marshall Plan for Africa', will set about transforming the economy and government in the African countries. It has been hailed by some of the African premiers, as the final hope for Africa. The question is, was the hailed Marshal plan, actually a success, and for whom? The Marshall plan, which involved a vast transfer of resources from the US to the bombed-out post-war economies of Europe, ensured that the European economies became dependant on America, and gave America the exclusive right to interfere with them. Hence it served the purpose of further subjugat ing Europe. The reason for the survival of some European countries lies in their corrupt but well established political and economic institutions. What will result from a 'Marshall plan' for countries that have no developed political or economic institutions to safeguard them? Allah (swt) said:

"The devil promises you destitution (poverty), and bids you to conduct unseemly" [TMQ Al-Baqarah: 268]. Should Blair's plan be executed it would enslave these countries and their economies and the governments would find themselves directly tied to the British economy and its interests. Allah (swt) says:

"The wrongdoers followed that by which they were surrounded with luxury" [TMQ Hud: 116]. "But Allah has full knowledge of your enemies: Allah is sufficient as a protector and Allah is sufficient as a helper" [TMQ An-Nisa: 45]. Dawud Masieh

It appears as though the colonial masters did not lose their taste for the blood of the sons of Africa. As they look for a stronger presence in the area, this could only spell further problems for the troubled people of this continent. Adil Jan


News From Around The World The Word of Truth…

Al-Saud - The Bastions of Kufr

A Muslim schoolgirl called Prime Minister Blair a "liar", when he defended the US bombing of Afghanistan. The Muslim News reported that Mr Blair told 1,500 pupils at Westminster's Methodist Central Hall that the people of Afghanistan regarded the British and American military intervention as a "liberation". But a 16 year old girl, taking part in the annual Westminster Day, to introduce youngsters to politics, shouted from the gallery: "They don't! They don't!" Other members of the audience murmured in support for her. The girl remarked: "They clapped when I told the Prime Minister that he was lying."

Al-Saud's subservience to the vanguard of Kufr, America, appears to know no bounds.

This incident is a cause for celebration and for shame for the Muslim Ummah. It is a celebration because a 16 year old Muslimah did not fear for anything except Allah, when she spoke the word of truth, in this most hostile of environments. She fulfilled the command of Allah (swt), and His Messenger (saw) who said a noble Hadith: "Let not the fear of people prevent one of you to utter the truth when he sees it (i.e. sees the munkar) or hears it" [Bukhari and Muslim]. In another authenticated Hadith: "The best Jihad is the Word of Truth in front of the tyrant ruler." This is all a great reason for us to rejoice that there is the like, in today's Ummah, of Summayah bint Khayyat, who spoke the words of truth to the tyrants of Makkah. The reason for shame is that so many of the rest of us remain silent. Certainly, we may hear anger against the west, but where are the brave lions who should speak such words to the tyrants, and agents who sit in the positions of power in the Muslim world. Indeed, it is a fur ther indictment of these puppet rulers in the Muslim countries that they failed to say what a 16 year old has said. Unless the Ummah at large heeds the commands of forbidding the munkar like this young sister of ours we have much to fear. Imam Ahmed, Tabarani, Al-Hakim, and Al Baihaqi narrated on the authority of Abdullah bin Amr that Allah's Messenger (saw) said: "If you see my Ummah afraid of telling the oppressor: You are an oppressor, it is farewell to the Ummah."

Seeking the appraisal of Kuffar and the wrath of Allah (swt), it has earnestly relinquished any honour in being the custodian of the two holy mosques for the bastions of Kufr. Ironically, even in this noble month of Dhul-Hajj, her oblivion of the rituals of Hajj is poignantly apparent. Prince Abdul Majid, the governor of Mecca and head of the central Hajj committee, on Saturday 9th February told the Okaz daily newspaper, "We will not allow the manipulation of Hajj this year because it is a season for worship… Saudi Arabia will not allow the Hajj to be used to denounce the United States." In a yet further unprecedented manoeuvre, it was reported that eye-scanning and fingerprinting devices had been installed at nearby Jeddah Airport, in a drive to tighten security amid 'terrorism' fears. Individuals selected randomly and considered "suspicious" among the hundreds of thousands of Muslims arriving will be taken aside to have their irises digitally scanned. On the last day of Hajj, Saudi Arabia's grand mufti, Sheikh Abdul Aziz alSheikh, attempted to appease the Arabs by criticising Israel's killing of unarmed Palestinians. This was a gesture devoid of any credence as he chose verbal condemnation, which is the only attack that will never harm the Israelis. However, he did not criticise US policies or the Muslim governments for their apathy. It would seem that the Saudi regime is oblivious to the fact that the very rituals of Hajj are an ostensible and vociferous denouncement of Kufr. What else could be the significance of the Hujjaj stoning the shayateen in emulation of the Prophet Ibrahim (as)? As for allegations concerning manipulating the Hajj, alSaud's very creation and existence today is akin to nothing other than betrayal against Allah, His Messenger (saw) and the Islamic Ummah! Rather than al-Saud emulating Prophet Ibrahim (as) and throwing stones (or aiming their missiles) at America, or emulating the Messenger Muhammad (saw), it persists in its unstinting servitude that characterises the entire notorious family of rulers reigning over the Islamic Ummah today!

India and Russia - Invited to the feast

Musharraf and Bush - just good friends

The American cronies in New Delhi, have signed a defence agreement with Russia, and are on the verge of buying a 4,4000 tonne Kiev class aircraft carrier from them. This accord is in the wake of an agreement with the British to buy £1 billion worth of war equipment. Why are the Kuffar so eager to arm the Hindu regime up to the hilt?

Promising closer ties between the United States and Pakistan, President Bush on Wednesday 13th February hailed Pakistan's president, Gen. Pervez Musharraf, as a leader of "great courage and vision" and praised him for his assistance in the US-led war on terror ism.

Jaswant Singh, the Indian foreign minister, trying to calm Russian fears of US presence in the region, exposed the Indian government's motives, saying that the US presence was ''part of the international coalition of forces, not only in Afghanistan but in central Asia…" All of this shows that the Kuffar, led by the US, are building India into the regional power, to underpin her interests in the area. Ari Fleischer, a Whitehouse spokesman said, "... and as the global campaign continues, the President urges all who support that effort to assist India, as India deals with the problem ..." The US wishes her agents in New Delhi, helped by the criminal regime in Islamabad, to spearhead phase 2 of her crusade against Islam, against the Muslims of Kashmir. Thus we see those nations clambering to be part of this feast, to attack the Muslims throughout the region and the world at large. Atop of arming India the Kuffar have also sent to them their elite special forces into Kashmir that they may finally subvert any resistance, both the US Delta Force and British SAS are operating in occupied Kashmir. The Prophet Muhammad (saw) warned us of the descent of the Kuffar upon us and of their plans to subjugate us and plunder our lands. He has said, "The nations will gather against you like those who are invited to feast while they are starving." The Sahaba asked the Prophet, "Is this going to occur because we are few in number?" The Messenger (saw) replied, "No you will number many but you will be like the froth that floats on the flood waters. Your enemies will no longer be scared of you and Wahan will be in your heart". The Sahaba then asked, "What is Wahan?" The Prophet (saw) replied, "It is the love of this life and the hatred of death?" [Sahih - Sunan Abu Dawud]

To return the complement Musharraf comforted Bush saying, "I can assure you that my government is committed to the continuance of our friendship. A friendship based on principles, common goals and vision." One should ask what goals and principles could be shared with a regime that has declared war on Islam and attempts to subjugate the weak all over the world. Musharraf's statement is far from the promise he gave to the Muslims of Pakistan a month ago. Where is his empty rhetoric of "Pakistan first" and "Pakistan's national and strategic inter ests"? He has obviously forgotten his objective already. His goal and vision seems to now be from the eyes of America, and he is bending over back wards to achieve them. Perhaps Musharraf has ambitions of acquiring the Nobel Peace Prize for the spilling of Muslim blood in Kashmir. Does the General still not recall the numerous times that he has been let down by these very people he calls friends? Was he not public enemy number one when he took position via a coup d'tat? Did America not promise to resolve Kashmir if he allowed planes to leave from air bases in Pakistan to bomb Afghanistan? In return for his trust they have allowed India to be armed to the teeth while using him to clamp down on the Mujahideen in Kashmir. Musharraf conveniently forgets the words of Allah (swt):

"O you who believe, take not the Jews and Christians as Awliyah (friends, pro tectors and helpers), they are but Awliyah of each other. And if any amongst you takes them (as Awliyah), then surely, he is one of them. Verily Allah guides not the wrongdoers" [TMQ al-Maidah: 51].

Asif Khan Ruksana Rahman

Dr. Abdul Wahid Sha'ban ul-Haq

March 2002 Khilafah Magazine

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The 78th Anniversary of the abolition of the Khilafah

he 3rd of March this year marked the 78th anniversary of the abolition of the Khilafah. The Turkish National Assembly this day in 1924 finally put an end to the Islamic ruling system. This followed two days of an intense debate calling for its end lead by Mustapha Kemal. After the debate which ended at 6.30 am on the 3rd of March, it was soon announced that the Greater National Assembly had approved the abolishment of the Khilafah and the separation of the Deen from the state.

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By 1924 large parts of the Muslim world had been cut off from the state and even physically occupied by Western Colonialists such as Britain, even Istanbul was under British occupation. Britain then went about creating new states in the Arab and other areas. During that occupation Britain stipulated her conditions to recognise Turkey in the Laussanne conference in November 1922, these were: The total abolishment of the Khilafah, the expulsion of the Khalifah beyond the borders, the confiscation of his assets and declaring the state's secularisation. The success of the conference rested on the fulfilment of these four conditions. On the 3rd day of March 1924 Mustafa Kemal abolished the Khilafah and on that night sent an order to the governor of Istanbul stipulating that the Khalifah Abdul-Majid should leave Turkey before the dawn of the next day; so he went with a garrison from the police and the army to the Khalifah's palace in the middle of the night and the Khalifah was forced to climb aboard a car that took him through the borders towards Switzerland, after he had been supplied with a suitcase containing some clothes and some money. 8

Khilafah Magazine March 2002

Two days later, Mustafa Kemal gathered all the throne's princes and princesses and deported them outside the country. All the religious functions were cancelled and the "Awqaf" (endowments) of the Muslims became the property of the state, and the religious schools were turned into civil schools under the auspices of the education ministry. Therefore, Mustafa Kemal fulfilled the four conditions which Lord Curzon, the British Foreign Secretary had demanded in 1922. On the 8th March 1924, Ismat Pasha, Turkey's foreign minister and head of the delegation, sent a letter to the conference requesting the resumption of negotiations, and the Allies agreed. On 23rd April 1924, the conference was reconvened and the conferees agreed on the peace terms. The Lausanne Treaty was signed on 24th July 1924, the states recognised Turkey's independence, and Britain evacuated Istanbul and the straits. Back in London, when a British MP protested against Curzon in the House of Commons for recognising Turkey's independence Curzon answered him by saying: "The point at issue is that Turkey has been destroyed and shall never rise again, because we have destroyed her spiritual power: the Khilafah and Islam." This was in brief how the Khilafah was destroyed; it was the last part of a campaign that began centuries earlier with the missionary invasions in the Muslim lands and a campaign that took advantage of the Ummah's decline. It was as a result of this decline that the Muslims had forgotten their priorities or vital issues from Islam and despite their huge numbers did not even defend the Khilafah.

This intellectual weakness began in the fifth century Hijri when some scholars called for the phasing out of ijtihad. This signalled the downfall of the State. Although there were still some mujtahideen left, intellectual weakness had already taken root and this affected the State enormously. Disintegration began creeping in and the State waned. By the time the crusaders came the State was in no position to repel the danger. The State became engaged in continuous battles with the crusaders, which were to last for two centuries. The crusaders emerged victorious at first and managed to occupy parts of the Islamic State, then the State managed to recapture the occupied land and vanquish the crusaders. Rule and authority were taken over by the Mamluks who neglected the Arabic language and the intellectual and legislative side of ruling. The door was slammed in the face of ijtihad and the understanding of Islamic concepts weakened considerably, as a result. Scholars were forced to content themselves with taqleed (imitation) and the ailment worsened. This, however, only affected the State from within, since the State remained strong and its international standing remained intact. The Islamic State remained a superpower feared by all other nations, occupying the largest and strongest part of the inhabited world at the time. The 'Uthmani State took over control of most of the Islamic world. In the 9th century Hijri (15th century CE) it united the Arab lands under its rule and its dominion stretched over wide areas of land. The 'Uthmani State concentrated on its military might and the expansion of its authority as well as the glamour of its rule and power. It also concentrated its efforts on the conquests and neglected the Arabic language despite the fact that it is essential in order to fully understand Islam and one of the conditions necessary in order to effect ijtihad. The 'Uthmani State never paid attention to Islam from the intellectual and legislative point of view, consequently its level of intellect and legislative ability dropped dramatically. Its strength was superficial due to this intellectual and legislative ailment. At the time, this weakness was not noticed by the Islamic State because it was at the prime of its glory and at the height of its power and military might. It used to measure its ideology, legislation and culture with that of Europe and at this time it found itself superior in every respect. This comparison reassured the State and served to make its weakness seem both bearable and negligible. At that time Europe was still plunged in total darkness, chaos and unrest. Europe attempted to launch a renaissance but it failed each time. The 'Uthmani State was in a much better situation compared with Europe and as a result it viewed itself as being superior in culture and in its system of ruling, which led the 'Uthmani State to ignore the internal malaise that it was suffering from. Thus, it unfortunately failed to notice its intellectual stagnation, legislative misadministration and the fragmentation of the Ummah. What turned the 'Uthmani State's attention from


internal problems was its sweeping victory over Europe - its seizure of the Balkans and the Southeastern part of Europe. This victory sent a shock to the rest of Europe and everyone became resigned to the fact that the Islamic army could never be defeated and that nobody could ever successfully face the Muslims. This was when the orientalist idea began. Its meaning then, was to abort the danger of the 'Uthmani invasion headed by Mohammed alFatih, this was in the 9th century Hijri (15th century). The invasion continued until the end of the 11th century Hijri under the leadership of Sulayman alQanuny. The conquests were concentrated up until the middle of the 12th century Hijri (18th century) during which time the continuity of the struggle remained a major source of strength to the Islamic State. The strength of the 'aqeedah of the Muslims and the specific concepts that they carried - although those concepts were not clear in their minds - had given the State a great moral boost and this helped to maintain that military might. Additionally, the presence of the Islamic ruling system, despite its misadministration contributed to the continuity and superiority of the Islamic State. At that time the Islamic State could have attempted to understand Islam properly and could have devoted much more effort to the teaching of the Arabic language and the encouragement of ijtihad. The State could have devoted more effort to the intellectual and legislative side so that it established a strong foundation with which to launch its conquests while marching on a strong footing with sound concepts. This would have enabled the State to conquer the rest of the world in the name of Islam. The State would have been in a position to strengthen its structure and flood the world with the Islamic culture and in the process save the world from corruption and mischief. However, none of this actually happened. Encouragement of the Arabic language was limited to giving the Arabs a few teaching posts and other minor positions of jurisprudence, which had little effect on improving the knowledge of the Arabic language and had no effect in awakening the intellect. In order to revive the Arabic language the State should have made it the official language, as it should always have been in the Islamic State, but this was not carried out. Again, because nothing was done on the intellectual and jurisprudent (fiqhih) fronts the feeble and misguided efforts of the State resulted in the status quo continuing and the State remaining on the same wrong track. As soon as the second half of the 12th century Hijri (18th century) came the trend was reversed and the internal weakness became apparent because the State was founded on the remains of the Islamic system which was administered in the incorrect fashion and on confused concepts, some of them Islamic and others alien to Islam. The rule as a whole was more within the Islamic system's milieu rather than being an Islamic system itself. This was due to the lack of understanding of the Islamic concepts and also to the misadministration of the Islamic ruling system because of the lack of ijtihad and mujtahideen. In the 13th century Hijri (19th century) the scales of history swung between the Islamic State and the non-

Islamic countries. The awakening of Europe had just begun and its results became evident, meanwhile the consequences of the intellectual stagnation coupled with the misadministration of the Islamic system finally caught up with the Muslims. The possibility of once again taking up the intellectual leadership in the world was still there. The 'Uthmani State was an Islamic State, Islam was the 'aqeedah of the State and its system, the concepts of Islam were its concepts and the Islamic viewpoint about life was its viewpoint. It should have in fact looked into the new concepts that were emerging from Europe and measured them against its own ideological criterion. Then it should have studied the new problems from an Islamic perspective and given its verdict on those concepts and problems with the help of adequate ijtihad according to the Islamic viewpoint. Finally, the validity of such concepts would have to be judged. But the State did none of this simply because the Islamic concepts were not clear to it, it did not have any specific concepts because it did not take the Islamic 'aqeedah as an intellectual foundation on which all the concepts were based, it was only a traditional 'aqeedah for it. The basis on which the State was founded, which was the 'aqeedah and concepts, was not clear to the 'Uthmani State and the system was also idle due to the absence of ijtihad. The culture, which can be considered as the host of concepts concerning life, was not crystallised and was not linked to the State's actions. This led to the intellectual decline and put a halt to progress. As a result of all this they were taken aback by the intellectual, cultural and industrial revolution they witnessed in Europe, however, they did not react for they could not come to a decision about whether to take what Europe had achieved or not. They could not differentiate between what is allowed to be taken of scientific inventions, discoveries and industry and what is forbidden to be taken from a particular philosophy, since a philosophy determines the viewpoint about life, and culture, which represents a group of concepts concerning life. Therefore they froze and they did not react and it was this, which led to the stagnation of progress while the European progression gathered momentum. All this was in turn caused by the lack of a proper understanding of Islam by failing to realise the contradiction between the Islamic concepts and the European ones. Another cause was their failure to distinguish between science, industry and inventions, which Islam encourages Muslims to acquire, regardless of the source, and the philosophy, culture and ideology, which can only be adopted from Islam. The 'Uthmanis did not properly understand Islam, it was not at all clear in their minds. Such short sightedness led the Ummah and the State to the adoption of a casual life to which little attention was spared towards the system. Meanwhile its enemies held onto a specific system and carried it out. Europe became the holder of an ideology, regardless of its creed whereas the Islamic Ummah who held the right ideology lived in the shadow of that ideology. That ideology, however, seemed distant and a thing

of the past because the Ummah lived in a State where the ideology was not flourishing. Despite the fact that the Messenger of Allah (saw) said, "I have left with you two things if you held to you would never go astray, the Book of Allah and my Sunnah" and despite the fact that the State was Islamic and the Ummah was Muslim, and despite the fact that the intellectual and fiqhih wealth was available and accessible to everyone, the State did not grasp the meaning of that hadith and did not take the necessary steps to go back to the roots of Islam the 'aqeedah and the system. The State did not make use of this wealth, a wealth that no other nation possessed or possesses. This wealth from Islam was much ignored, even after the abolition of the Khilafah, the Kuffar had created new secular nations for the Islamic Ummah, and the many Muslims simply got on with the task of building them, not realising the danger in doing so. However this scenario was not to last long, within a short period some Muslims had realised the error and began to reverse the state of affairs. But by now the Khilafah had been destroyed, new societies had been created in its wake and many Muslims had been taken in with the new direction of the states based on nationalism, patriotism and separation of religion from politics even though Khilafah had been their state and the state without which they would never have become Muslim in the first place. The Muslim Ummah was caught unaware of the dangers of such culture, earlier on they began resisting and fighting the physical occupation of their lands whilst embracing the Western culture, which was the real reason behind the occupation taking root in their lands. The sad irony is that Muslims, while allegedly turning their backs on the foreigner and fighting the occupation, welcomed the West with open arms and drank from its poison until they collapsed, weary and lifeless; one would think them casualties of war, alas they were in fact victims of ignorance and misguidance. What did they actually seek? A state based on other than Islam? Or several states on Muslim land? The West, since becoming the effective ruler, had already given them several states; completing therefore its scheme of keeping Islam out of government, dividing the Muslim land and giving the Muslims a trivial and facade rule. From time to time, the West created for Muslims a new state, and it was more than willing to give them even more as long as they held on to Western principles and concepts. The point at issue is not establishing several states, but one single state over the whole of the Muslim world. And not establishing any state, nor a state that calls itself Islamic but rules by other than what Allah (swt) has decreed; nor a state calling itself Islamic and implementing Islamic Laws without carrying Islam as an intellectual leadership. The crucial point at issue is not the establishment of such pseudoIslamic states, but of a single state which would resume the Islamic way of life based upon the Islamic 'aqeedah, implement Islam within society after this was deeply rooted in the peoples' hearts and

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Excerpt from www.khilafah.com minds, and would carry the Message of Islam to the whole world. The Islamic State is not a dream, nor is it a figment of the imagination, for it had dominated and influenced history for more than thirteen hundred years. So, it is a reality, it has always been and always will be. The vital elements of its existence are far greater than can be ignored or fought against by anything or anyone; the enlightened people have adopted it and it is the wish of the Ummah, which is eager for the glory of Islam. The Islamic State is not a desire that one aims to satisfy, but an obligation that Allah (swt) has decreed on Muslims and commanded them to execute. He (swt) warned of the punishment awaiting those who neglect this duty.

few millions, and despite that when she embraced Islam and carried its Message she represented a world superpower in the face of the two major camps at the time, whereupon she struck them both simultaneously, conquered their lands and spread Islam over almost the whole of the inhabited parts of the world at that time, then what are we to say about the Ummah today - numbering more than one billion, spread over countries that are geographically linked together - if she were a single country, stretching from Marrakesh to India right up to Indonesia, occupying the best part of the world in terms of resources and strategic points, and carrying a single ideology which is the only correct ideology in the world? She would undoubtedly form a front, which would be stronger than any camp, in every domain.

The evidence that the appointment of a Khaleefah is obligatory upon all Muslims is in the Sunnah and the Ijma'a (consensus) of the Sahabah. As for the Sunnah, Nafi'a reported saying: " 'Umar said to me that he heard the Prophet (saw) saying: 'Whosoever takes off his hand from allegiance to Allah (swt) will meet Him (swt) on the Day of Resurrection without having any proof for him, and whoso dies whilst there was no bay'ah (allegiance or a pledge) on his neck (to a Khaleefah), he dies a death of jahilliyah.' " So the Prophet (saw) made it compulsory upon every Muslim to have a bay'ah on his neck, and described whoever dies without a bay'ah on his neck that he dies a death of jahilliyah. The bay'ah cannot be for anyone except the Khaleefah, and the Prophet (saw) made it obligatory upon every Muslim to have on his neck a bay'ah to a Khaleefah. Yet he did not make it an obligation upon every Muslim to give bay'ah to a Khaleefah. The duty is the existence of a bay'ah on the neck of every eligible Muslim, i.e. the existence of a Khaleefah who accordingly deserves a bay'ah upon the neck of every Muslim. So it is the presence of the Khaleefah, which places a bay'ah on the neck of every Muslim, whether the Muslim gave a bay'ah to him in person or not.

It is therefore the duty of every Muslim to work from this moment on in order to establish the greater Islamic State, which would convey the Message of Islam to the world. Ones work should start by carrying the Islamic da'wah with the aim of resuming the Islamic way of life in all the Muslim countries; concentrating ones practical scope in one country or some selected ones in order to achieve the point of support so that this serious task can be resumed. Such a cause with its high objective, which the Muslim should aim to achieve by treading this practical and clear path and which he must follow, should be worth enduring all types of hardship and should be worth sparing no effort for. One should rely on Allah's help, seeking no reward for it except to gain the pleasure of Allah (swt).

Not only is the Islamic state or Khilafah obligatory for the Muslims to have, it is vital for the safeguarding of the Muslims and Islam. Since the removal of the Khilafah the Colonialists established leaders in the Muslim world who agree to their every demand. We then saw the creation of Israel, India and the selling of many lands from the Muslim world. Last year saw the entrance of America in Central Asia, The 1990's saw the complete American take over of the Middle-east, and also the horrific ethnic cleansing of Muslims in Bosnia, followed by more atrocities in Albania and Kosovo. These though were not unique examples of horrors for they have been happening everywhere in the Muslim world ever since the Khilafah was abolished.

Asim Khan

He (saw) said: "The Imam is a shield behind whom the Muslims fight and by whom they protect themselves". If the Muslim Ummah, had in the past, lived in a country which did not stretch beyond the Arabian Peninsula, and which at that time numbered only a 10

Khilafah Magazine March 2002

He (swt) said:

"And Allah has full power and control over His Affairs, but most men know not." [TMQ Yusef: 21]. Al-Hamdu lillahi Rabbil a'alameen.

Black Hawk down the biggest Lie The latest US propaganda film, Black Hawk Down, is the biggest screening of an illusion since the infamous Osama Video. These deceptions are designed to keep the American Public blind to the real motives behind US Foreign Policy. The US Public bought the notion that the War in Afghanistan is a war against terrorism. They bought the notion that the Gulf War was to restore the legitimate government of Kuwait. They are now being resold the notion that operation restore hope, in Somalia, was merely a humanitarian mission. The film was produced with the assistance of the pentagon. Understandably it overtly aids the furthering of American foreign policy objectives. Black Hawk down is not about artistic expression, historical analysis or even about entertainment and it is definitely not about the truth. In January 1993 a report appeared in the Los Angeles Times, under the heading "The oil factor in Somalia; four American petroleum giants had agreements with the African nation before its civil war began. They could reap big rewards if peace is restored". This suggested that the US was not interested in Humanitarian efforts (for which she was acting far too late in any event). Rather she was interested in the vast reserve of oil, which Conoco, Amoco, Chevron and Phillips (American oil giants) had discovered there at the time of the rule of pro-U.S. President Mohamed Siad Barre. This was before he was overthrown in Jan 1991 and the country thrown into civil war. In fact Conoco went as far as providing the housing for the US embassy and the headquarters for the US marines‌ The rest of the article detailing the savage acts committed by America against the civilian population and the manipulative rewriting of history for propaganda purposes can be read at "www.khilafah.com." Abu Musab 24 February, 2002 www.khilafah.com


A shift in relations between

America & Saudi Arabia fter more than two continuous months of an unjust and destructive war waged by America against the Muslims of Afghanistan, she has succeeded in restoring her influence and control over Afghanistan, and has overthrown its rulers and uprooted the Islamic orientation from it. Pentagon sources indicate military bases springing up in as many as 13 locations in nine countries neighbouring Afghanistan, substantially extending the network of bases in the region. Altogether, from Bulgaria and Uzbekistan to Turkey, Kuwait and beyond, more than 60,000 U.S. military personnel now live and work at these bases. While these bases make it easier for the United States to project its power, they also increase prospects for renewed attacks on Americans. One such area where the U.S. presence has motivated hostility amongst the local population is the Desert Arab Kingdom of Saudi Arabia. This article looks at the debate that's taking place in Congress and amongst Saudi officials about the United States-Saudi relationship, and the presence of U.S. bases in the region.

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Historical Background & the Growing Opposition to the Saudi Regime With Iraq's invasion of Kuwait in August 1990, and the big fear that an aggressive and powerful Iraq would come to control more of the world's Oil supply, the Kingdom (under the leadership of King Fahd since 1982) invited Washington to use its territory as

the launching pad for rolling back Baghdad's occupation. Some 700,000 U.S. troops followed. This came as an enormous shock to elements within the Saudi Kingdom. One such element being Osama Bin Laden, who had initially lobbied the Royal Family to organise a popular defence of the Kingdom and raise a force from the Afghan war veterans to fight Iraq. As the U.S. troops began to arrive, Bin Laden openly criticized the Royal Family, lobbying the Saudi Ulema to issue fatwas, against Kuffar being based in the country. After the war, Riyadh agreed to maintain some 20,000 U.S. troops on its soil. It also permitted scores of U.S. warplanes and pilots to be based at the Prince Sultan Air Base, where Washington has installed a state-of-the-art command centre that covers virtually the entire Middle East, Gulf and Central Asia regions. Bin Laden's criticism escalated after seeing the U.S. troops remaining, and eventually the continued criticism of the Saudi Royal family annoyed them so much that they revoked his citizenship in 1994. However, the growing criticism and opposition to the Saudi regime (at the time) did not die away. The Saudi regime rounded up and arrested hundreds of suspected government opponents from Sunni Islamist opposition groups and subjected them and others to torture and ill treatment (according to reports published by Amnesty International in 1994). In August 1996, Osama Bin Laden had issued his first declaration of Jihad against the Americans

whom he said were occupying Saudi Arabia. "The Walls of oppression and humiliation cannot be demolished except in a rain of bullets", the declaration read. In the February of 1998, at a meeting in Afghanistan, Al'Qaeda issued a manifesto under aegis of "The International Islamic Front for Jihad against Jews and Crusaders". The manifesto stated; "For more than seven years the US has been occupying the lands of Islam in the holiest of places, the Arabian peninsula, plundering its riches, dictating to its rulers, humiliating its people, terrorizing its neighbours, and turning its bases in the peninsula into a spearhead through which to fight the neighbouring Muslim peoples." The meeting issued a fatwa targeting Americans. On August 7th 1998, two explosions took place that rocked the U.S. one of which was at the American embassy in Nairobi, the capital of Kenya and the other at the American embassy in Dar-es-Salaam, the capital of Tanzania. Inside the Persian Gulf area itself, attacks on the Khobar Towers Complex (in Saudi Arabia) and the destroyer U.S.S. Cole in Yemen all added to the increasing pressure on the Saudi regime, and its U.S. masters. More recently, in a series of rulings in September and October 2001, Shaykh Hammoud bin Uqla alShu'aybi declared, "Whoever supports and backs the infidels against Muslims is considered an infidel." The Shaykh is from Buraydah, a town north of Riyadh that has been a hot bed of religious opposition to the Royal family for over a decade now. Similar fatawa issued by Shaykh's Al-Wan and Ali Khudayr rule that those supporting the US war against Afghanistan, "by hand, by tongue, or by money", are automatically excommunicated from Islam (i.e. become apostates). Other fatawa refer specifically to the country's rulers as "infidels". These rulings demonstrate a growing rift between the House of Saud and elements of the Wahhabi sect establishment. They indicate that cracks are emerging in the 256-year illegal (Kufr) pact between the House of Saud and the followers of Muhammad bin 'Abd al-Wahhab (1703 -1793

A Need for Prudence in the Persian Gulf In the debate about the U.S. / Saudi relationship, there are growing indications in Congress and reportedly among Saudi officials that a reduction of American military forces in Saudi Arabia is politically inevitable. A force reduction, rather than complete withdrawal, is likely as America assess her interests. It is in this light that we must understand the recent comments issued by Riyadh. "It is the military presence the Saudi's see as inimical to their interests", said a Riyadh-based diplomat, who spoke on the condition that he is not identified. The conflict appeared to have heated up in the days after the initial comment by the Riyadh-based diplomat, Senator Carl Levin, chairman of the Senate Armed Services Committee, when he suggested that the United States pull its troops out of Saudi Arabia. On the heels of Levin's remarks, an anonymous Saudi official told March 2002 Khilafah Magazine

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the Washington Post that the U.S. would be asked to leave because it has "overstayed its welcome." Judging by the media coverage, much of the U.S. and international political establishment was taken aback to learn that Saudi Arabia is considering asking Washington to withdraw its military presence from the Kingdom. To people who are politically aware and understand the international situation and have political experience, the story comes as little surprise. In 1997, a group affiliated with the Council on Foreign Relations, and with General Joseph P. Hoar, former Commander in Chief of the United States Central Command, as co-chairman, recommended reassessment of the configuration of American forces in Saudi Arabia and cautioned against maintaining a visible, permanent presence, since that presence can be readily exploited by enemies of the U.S. to inflame Arab sentiments against the Saudi government and the United States. As Charles W Freeman, a former U.S. ambassador and frequent visitor to Riyadh, told the Washington Post recently, "For the first time since 1973, we actually have a situation in which the United States is so unpopular among the (Saudi) public that the Royal family now thinks its security is best served by publicly distancing itself from the United States." Hence we can see clearly, under the circumstances, the cooperation with the United States, once considered to be a military guarantee for the Saudi regime, is now, being seen as a source of political weakness by Riyadh. Riyadh certainly does not want to be "used" in a potential operation (and extension of the war on terror) against Iraq for fear of a mass uprising within the country, which is already simmering with discontent. It is clear to see for any observer, that while the Saudi's benefit from American military protection, their own interests, and nothing else drive the United States presence in the region ultimately. The U.S. is a Capitalist nation, and hence bases all its actions on the basis of expediency (i.e. interest and benefit). America's military strategy and interest in the Persian Gulf has always been as much about denying control of oil to enemies (e.g Soviet Union during the Cold War era) as assuring the flow of oil to the West. As well, its occupation of Saudi Arabia after the Gulf War in 1991, provided the U.S. with strategic "depth" in its ability to use Saudi territories and airspace at will to launch attacks against what it now dubs are an "axis of evil" states. From the reality, there is no other country in the region where the U.S. forces can be deployed at such an extent. Both Riyadh and Washington view the alliance as necessary to preserve regional stability. Also, Washington has always had a close military and intelligence relationship with Riyadh, which has bought more than $50 billion in U.S. arms and construction contracts over the past 20 years with the hundreds of billions of dollars it has earned as the world's biggest Oil exporter. Hence it should be understood that the U.S. and the Saudi monarchy need each other and that there aren't any alternatives to each other at the present time. Any harm to Saudi rule would be harmful to American interests. The U.S. is simply protecting its strategic and economic interests by entertaining the thought of altering policy in the Gulf. 12

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Wider Political Implications of the apparent U.S. -Saudi rift After the attacks on Afghanistan, the U.S. senses that its ally (the Saudi monarchy) is weakened politically at home, and is suffering from a waning of popularity. The fact that the Saudi's are seen to have proposed a withdrawal of U.S. troops will add to the credibility of interim leader Crown Prince Abdullah (who is the heir apparent after the death of King Fahd, which may happen any time soon since he suffered from a spate of paralysing strokes a few years back). Abdullah is supported within Saudi Arabia by the young, educated Saudi's because he has not been tainted by scandals. The Islamists also find Abdullah relatively more acceptable for the same reasons as well as for his moderate attitude towards them. So, a U.S. withdrawal, albeit limited, will strengthen the Saudi monarchy somewhat at home, as the oppositions primary demand was that the Americans should leave the "Holy Lands".

Regarding what is needed America deals with the Islamic lands as if they are her own farms. She deals with the rulers of the Muslims as her servants, even as her slaves. The destruction of the Islamic orientated regime in Afghanistan is not the first aggression of America against the Islamic Ummah. Yesterday she hit Iraq and she has laid siege to it since then. She also hit Libya and laid siege to it. She helped the Jews to steal Palestine and to expel its people and she continues to hep them. She occupies Saudi Arabia and imposes upon the Gulf her hegemony so that she plunders the Oil and the wealth from their treasures. America is the true enemy to the Islamic Ummah. Her allies who share with her in the aggression against the Islamic Ummah or who support her in this aggression like the English and the French and others, are true enemies to the Islamic Ummah. It is incorrect to treat the enemy as a friend. It is only the fool who treats the enemy as a friend. And the result of doing so will be evil. Allah (swt) advised us by saying:

"Shaytan is an enemy to you, so you have to take him as an enemy" [TMQ Fatir: 6]. Our rulers should treat America and those who supported her as an arrogant enemy. The Muslim rulers must abolish any military or political treaties and expel all military forces and close down all their military bases. They must also close down their waters, lands and spaces to entry or passage from any of the enemy states so that it makes it harder for the enemy to launch strikes against Muslim lands. They have also to break off any influence and remove any agent or spy for these states in the Islamic lands such as those existent in Al-Azhar and the American

University of Beirut. This position is required from every ruler in the Islamic lands, not only from the ruler of the country that is the target of aggression. This is because Muslims are one single Ummah. The Prophet (saw) said: "The Muslims are like the body, if one of its members complained, the other members will respond in sleeplessness and fever". So aggression against any Islamic land is considered an aggression against all Muslims. It may be said that the Muslim rulers will not implement any of these actions. It is therefore a duty upon all Muslims to undertake the work to replace these rulers with the system of Khilafah. It is error and complacency in the obligation to leave in power these puppet, vicious rulers who govern with Kufr and implement the policies of America or other Kufr countries. Such a ruler, who has in his control the army, the police, and all the forces and institutions and in whose hand lies the implementation of the laws, the funds of the country, who is occupying the seat of power. It is haram to leave in power such a ruler who is spreading corruption in the land, and protecting the influence of the Americans and their allies, and to distract oneself from that by challenging a little of the Kuffar's influence. Can the Islamic peoples change their rulers? Yes, definitely. America and its allies will never be able to protect the despicable puppet ruler from his people, particularly when such a ruler is a coward who protects his own interests and the interests of a foreign disbelieving country.

"And We wished to do a favour to those who were weak (and oppressed) in the land, and to make them rulers and to make them the inheritors and give them power and hold on earth" [TMQ Al-Qasas: 5-6]. Hayder Ali Khan


The Life of Umar ibn al Khattab

Behind the deception

Power bestowed by God, says Musharraf MUZAFFARABAD, Feb 5: President Gen Pervez Musharraf invoked a verse from the holy Quran on Tuesday to claim divine author ity for his rule. His remarks appeared aimed at countering criticism of a crackdown on extremist groups launched last month. "I tell these people, who have become the custodians of Islam or who think that they understand Islam better, that it is Almighty God who gives honour or authority to any body," Gen Musharraf said in an address to the AJK Legislative Assembly.

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bu Huraira said, The Messenger of Allah (saw) said: "People are like mines of silver and gold; the best of them in the days of Ignorance (jahilliyah) are the best of them in Islam when they attain knowledge" [Muslim, Mishkat]. When looking at this hadith many people will ask, 'How is it possible for the best in jahilliyah to become the best in Islam?' The hadith is describing the reality of people and their radical transformation after committing themselves to Islam. Many examples of this can be seen when looking at people around us who were involved in acts of jahilliyah such as organized crime, drugs, alcohol, etc. These same people radically changed their behaviour and became Islamic personalities and active Dawa Carriers.

This is our faith that God almighty gives honour to whoever He wants and snatches honour from whoever He wants. If this is our faith then God Almighty has brought me to this position.

There are some from amongst the Ummah, who find it difficult to see beyond their own defects and cannot see the potential for change within themselves. The example of Umar ibn al Khattab (ra) should demonstrate to us all no matter what our errors are or situation we are in, we all have the potential for change.

"This position, this authority has been bestowed by God and as long as I hold this authority, and whatever work I am doing with full responsibility, all Pakistanis should have confidence in that because this is our faith,"

Ibn Umar (ra) narrated that the Prophet (saw) said: "Oh Allah strengthen Islam with whoever is more beloved to you, Umar ibn al Khattab or Abu Jahl ibn Hisham."

General Musharraf - Reuters

The fact that the Prophet (saw) made dua for these two staunch enemies of Islam demonstrates to us that he could see the potential within these two for change. At this time Umar ibn al Khattab was one of the most venomous opponents of the Prophet (saw) and the Muslims. He was from amongst the nobility of Quraish and an ambassador for Jahilliyah. His personality was one filled with arrogance and pride. He had buried his two daughters alive. Worst of all was the fact that he was a Mushrik. His shallow thought made him one who would make Gods out of dates, later on in life Umar reminisced "We used to make Gods from dates, and used to eat them at night when we were hungry". It was once said about him, that, "His Donkey will embrace Islam before he

would." Compare ourselves to him before his acceptance of Islam; do we hate Islam? Would we ever consider burying our daughters alive? Do we associate partners with Allah (swt)? Would we think of killing the Prophet (saw)? No! However Umar ibn al Khattab did all of these yet after his acceptance of Islam he became one of the best of the people. Ibn Abbass (ra) said that the Prophet (saw) said: "There is no Angel in the heaven that does not respect Umar and there is no shaytan on the earth but that he is afraid of Umar." Uqbah ibn Amir (ra) narrated that the Prophet (saw) said: "If there were to be a Prophet after me it would be Umar" [narrated by Abu Sa'id al Khudri, Ismah ibn Malik and Ibn Umar]. Abu Sa'id al Khudri narrated that the Prophet (saw) said: "Whoever is angry with Umar is angry with me, whoever loves Umar loves me. Allah (swt) glories in the people on the evening of Arafah generally and glories in Umar particularly. Allah has not sent a Prophet except that he put among his Ummah an inspired man and if there is one such in my Ummah then it is Umar.� They said, "Prophet of Allah, How inspired?" He said, "The angels speak by his tongue." In Sahih Al-Bukhari, the Prophet (saw) said: "While I was sleeping I saw myself in paradise. Then there was a woman making wudhu by the side of a palace. I said: 'Whose is this palace?' They said: 'It is Umar's.' I remembered the jealousy of Umar and I turned to leave. Then, Umar cried and said: 'Could I be jealous over you, Messenger of Allah?'"

Umar's Acceptance of Islam The story of Umar's conversion to Islam is one, which provides us with an example of how the Islamic Aqeeda can transform an individual instantaneously. Anas (ra) narrates that Umar went out wearing his sword, and a man from Bani Zuhrah met him and said 'Where do you intend going? He said 'I want March 2002 Khilafah Magazine

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to kill Muhammed' He said 'How will you be safe from Bani Hashim and Bani Zuhrah if you have killed Muhammed?' He said 'I can only believe that you have converted.' He said 'Shall I show you something astonishing? Your brother in law and sister have converted and abandoned your deen.' Umar walked on and came to the two of them while Khabbab was with them. When he heard the sound of Umar he hid in the house, and then he (Umar) entered and said 'What is this murmur of lowered voices?' They had been reciting Surah Taha. They said, 'Nothing but simple conversation which we were holding', he said 'Perhaps you two have converted?' His brother in law said to him 'What if the truth were outside of your deen? So Umar leapt upon him and struck him severely, his sister came to push him away from her husband and he struck her a blow with his hands so that blood flowed from her face. Then she said and she was angry 'And if the truth were outside of your deen? She paused and then said 'I witness there is No God but Allah and that Muhammed is the messenger of Allah! Umar said 'Give me the writing which you have and I will read it, his sister said to him 'You are dirty and no one reads it but the purified (so stand and bathe yourself) He stood and performed wudhu and read Surah Taha until he came to

"Verily, I am Allah there is no God except me so worship me and establish the prayer for my Remembrance" [TMQ Taha: 14]. Umar then said "Show me the way to Muhammed (saw)‌" After Umar (ra) embraced Islam, he was immediately transformed into a dawa carrier characterized by frankness, courage, strength and thought. It has been narrated that after Umar (ra) embraced Islam the Muslims said 'Allahhu Akbar' so loudly that it was heard in the valleys of Makkah. Umar (ra) said once speaking about his past, "I did not wish to see a man striking and being struck that I experience it myself and none of that touched me. I went to my uncle Abu Jahl ibn Hisham, who was of the nobility, and knocked on his door. He said 'Who is it?' I said, 'Ibn al Khattab and I have converted.' He said, 'Don't do it,' and slammed the door on me. I said, 'This isn't anything,' and went to one of the great ones of Quraish, called out to him and he came out to me. I said to him the same as I had to my uncle he said to me the same as my uncle had said to me, and slammed the door on me. I said, 'This isn't anything, the Muslims are being struck and I am not being struck.' A man said to me, 'would you like your acceptance of Islam to be known?' I said, 'Yes'. He said, 'When people were sitting in the Hijr, go to so and so, a man who cannot possibly keep a secret, and say to him, just between yourself and him, I have converted, for it is very rarely he has ever concealed a secret. I went and people had already gathered in the Hijr. I said, just between me and him, 'I have converted.' He said, 'Did you really do that?' I said, 'Yes.'

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He cried at the top of his voice 'ibn al Khattab has converted!' They ran upto me; I was hitting them they were hitting me; people gathered around me‌I continued to hit and be hit until Allah strengthened Islam."

his mother, orphan his children and widow his wife then let him meet me behind the valley. Not one of them followed him."

Abu Dharr narrated that the Prophet (saw) said: "Truly Allah (swt) has placed the truth upon the tongue of Umar, it speaks by him."

Umar fought in many battles alongside the Prophet (saw), he was one of the delegated assistants (mu'awin tafweed) of the Prophet (saw) and a pillar of society. After the death of Muhammed (saw), and Abu Bakr as Siddique (ra) he became one of the greatest of the Khulafah ever to have ruled this Ummah.

Al Farouque - The Distinguisher between Truth and Falsehood Mujahid, on the authority of Ibn Al-Abbas related that he had asked Umar bin Al-Khattab why he had been given the name of Al-Farouque, which means who he who distinguishes truth from falsehood, he replied: "After I had embraced Islam, I asked the Prophet (saw): 'Aren't we on the right path here and Hereafter?' The Prophet (saw) answered: 'Of course you are! I swear by Alla h in Whose Hand my soul is, that you are right in this world and in the hereafter.' I, therefore, asked the Prophet (saw): 'Why we then had to conduct our activity in a clandestine way i.e. not in a open provocative manner'. The Prophet (saw) replied: 'I swear by Allah Who has sent you with the Truth, that we will leave our concealment and proclaim our noble cause publicly.' We then went out in two groups, Hamzah leading one and I the other. We headed for the Mosque in broad daylight when the Mushriks of Quraish saw us, their faces went pale and got incredibly depressed and resentful. On that very occasion, the Prophet (saw) attached to me the name of Al-Farouque." Ibn Abbas, May Allah (swt) be pleased with him and His father, said, 'When Umar accepted Islam the Mushrikeen (idol worshippers) said, "The people have been split in half from us today', and Allah (swt) revealed:

'O Prophet, Allah is enough for you, and whoever follows you from the believers' " [TMQ Al-Anfal: 64] Suhaib (ra) said "When Umar (ra), accepted Islam he was open about it, he invited people to it openly; we sat around the house in Halaqaat (circles), we made Tawaf around the House." Umar's (ra) strong personality from his days of jahiliyyah was now utilized for the carrying of the Dawa and for the strengthening of Islam.

His Emigration (Hijra) Ali (ra) said, "I don't know of anyone who didn't emigrate in secret except for Umar ibn al Khattab; because when he wanted to emigrate, he strapped on his sword, put his bow over his shoulder, carried his arrows in his hand and came to the Ka'aba where the nobles of Quraish were in the courtyard, he performed seven Tawaf (circuits) and then prayed two Rakah at the Makaam (station) of Ibrahim (as), then he approached their circle, one step at a time and said, 'What ugly faces! Whoever wishes to bereave

Conclusion

The fact that Umar (ra) transformed his personality should show us that each one has the potential for change. The story of Umar (ra) provides the believers with hope and instills within us the drive to seek perfection. Abdullah ibn Masood said of him, "We are still noble since Umar's Submission to Islam." He also said "Umar's Submission to Islam was a conquest, His Migration was a victory, His Imamate (Khilafah) was a blessing, I have seen when we were unable to pray at "the house" (Ka'ba) until Umar submitted, when he submitted to Islam he fought them (the antagonistic idolaters) until they left us alone and we prayed." Ubayy ibn Ka'ab narrated that the Prophet (saw) said, "Gibreel said to me, Let Islam weep over the death of Umar." May Allah enable us to achieve what Umar (ra) achieved. Ameen. Forid Miah and Abid Khan


A Cry of Iman from India The following is a letter delivered to 7,000 Muslims in Britain during the conference, "Pakistan - The Quest for Khilafah". - August 2001

ear participants of this unique conference. Assalamu alaykum wa rahmatullahi wa barakatuhu! We send you the warmest greatings from India, and pray your gathering is a source of success and will take us, your brothers, away from our suffering.

D

The Prophet (saw) said: "The Muslims are like one body in their mutual mercy and compassion to one another, if a one part suffered, the rest of the body reacts with sleeplessness and fever". Today this body of the Ummah is sufferring! We write to you from just one part of this body, India, knowing full well that there are peoples like us in many parts of the world who have an equal right to a call for protection, and indeed there are some who are in a far worse situation than we are. We are a people who have not lived a day of happiness for many years. Living under the tyranical rule of the Sharrul Barriya, and living under the tortures of the as-hab al ukhdud. Dear Conference Participants! Most of India is Muslim Land, it was conquered by Mohammad bin Qassim in 711 CE and within 3 years the whole of Sind and lower Punjab were brought under the Islamic rule. The might of the Muslims was tremendous, their authority was resolute, yet they treated the people with justice, Mohammad bin Qassim said, "Deal honestly between people and the State. Fix taxes according to the ability of the people to pay." After this Islam spread across the Indian subcontinent, in 724 to 743 the Khilafah conqured the regions of Kashmir. And during 754-75 under the 'Abbasid Khalifah Abu Ja'far Al-Mansur, Kandahar was

opened and efforts were made to consolidate and spread the frontiers of the Khilafah state in the Indian Sub Continent. It was between 786 and 809 CE, during the Khilafah of Harun ar-Rashid that the Islamic Army extended the frontiers of Sind westwards into Gujarat (now presently in India). It was during this time that Muslim soldiers settled down and new cities started to flourish. From this time onwards, large numbers of the Indians were lifted from their baseless social caste structures of disbelief and brought under the shade of global brotherhood. They were guided from the darkness of Ignorance and Kufr to the Nur of Islam, worshipping Allah 'azza wa jall and discarding their false idol gods. Islam ruled over most of India for over a thousand years. This is just a brief account of our history and the manner in which Islam spread. Its justice was unparrelled, its strength was immense and its deen became the authority in this land. Dear brothers and sisters, dear conference participants! This history is your history it is the history of the Arabs and the Turks, our history is intertwined due to our common aqueeda. Yet this is what the Kaafir have worked relentlessly to take away, until our suffering is unheard, and the suffering of the Muslims of Bosnia is unheard and the screams within the Chechen prison camps are unheard and the cries of your mothers in Palestine is unheard. As for our present day, I will just illustrate to you a few accounts of our life left under the authority of the Mushrikeen. Every year Muslims are slaughtered by mobs of Mushrikeen, some of the worst attrocities were seen in 1969 where in Ahmedabad hundreds of

Muslims were slaughtered by the disbelieving mobs and aided by the police force. Multiple atrocities where several poor labourers were either burnt alive or murdered. In some places they were thrown into fires. Scythes, axes, knives and spears were used for killing people. Muslim Women were dishonoured, children were beaten to death and there limbs were torn from their bodies. More recently since the vile Mushrikeen tore down the Babri Masjid under the instructions of the Hindu fanatics, after this followed days of riots, thousands of Muslims who were gathered in mosques after listening to Islamic speeches made way to their homes in neighbouring cities. They were arrested and put in filthy prisons for no reason. When the Muslims asked for drinking water they were given urine in shoes to drink, and also beaten and humiliated by the police officers to say: "Ram lala ki Jai" (Praise Ram). In the state of Gujarat in areas such as Ahmedabad, Baroda, Navsari, and most notably Surat, hundreds of Muslims were killed in a matter of days as a direct result of mob violence. In Vijay Nagar (Surat) many Muslim women witnessed their men folk brutally killed in front of them. In one colony the electricity was cut and large flash lights were turned on towards the women's homes. The Mushrikeen dishonoured your sisters and then used these lights to film their attrocity. May Allah (swt) curse them. These sisters, your sisters were then killed, in this incident alone there were more than 150 bodies burnt alive beyond recognition. And this happened in many of the Muslim districts. In 1997 in Tamil Nadu state, Coimbatore major clashes occurred between the Muslims and fanatical Hindu mobs, their large businesses and Muslim owned supermarkets were looted and billions of rupees of property were destroyed. The rioters did not spare the residential areas. At Mohammad Ganirowthar Street, right behind the B1 police station, most houses were burnt down. One Muslim brother stated: "My wife and three children, aged six, three and six months, were in the house when the mob set fire to it," said a plastics wholesale merchant, whose depot too was burnt with all his stocks. "Smoke was coming out from all directions. I made frantic calls to the police station but there was no response. Finally, I took my family to the terrace, scaled the wall and jumped into the next terrace. By then, my six-month-old baby was vomiting and other children were already suffocated." The Muslims, who were victims of these atrocious acts by the Kaafireen, were admitted to the city's hospitals for treatment. However, they were not treated, rather the doctors with the help of Mushrikeen mobs sliced the bodies with medical tools and knives many Muslims were cut and killed in hospitals Just at the beginning of this month (August 2001) a mosque in the village of Asind in Rajasthan state was destroyed. Then the Mushrikeen placed the idol of "Hanuman" or the Monkey-god in the remaining

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American Values ruins of the razed Mosque. Following this the Mushrikeen burnt four copies of the Quran.

bare that President Musharaf openly shakes the blood stained hands of the butchers of Babri Masjid?

It was during 'Eid al Adha, this year that the Idol Worshippers burnt the Quran in full view of the world media near the United Nations Building in New Delhi.

Be motivated by the words of the Messenger of Allah (saw) where he said: "'Isaabataan min ummati ahraza-huma-Allahu min an-naar, 'isaabatun taghzu al-hinda, wa 'isaabatun takunu ma' 'Eesa ibnu Maryam (as)" "Two groups of my Ummah Allah has protected from the hellfire: a group that will conquer India and a group that will be with Isa ibnu Maryam (as)."

In Varanasi the mobs chopped the hands off of women, and they were left to bleed to death. In one house hold, this horror was witnessed by an 8 year old son. Imagine his life, having winessed the suffering of his mother. So what about our lives when we hear about such suffering? My Dear brothers it pains us and embarrases us to narrate these accounts. But it pains us more when we see the leader of Pakistan calling for normalisation with these people. Has Musharraf not received these reports? Has his intelligence services overlooked the cries for protection from the Muslim women of India? When one Muslim woman was ridiculed by the Romans in the past she only had to scream "Ya Mutasima! Ya Khalifah" and the armies came to protect her honour. Where is the great army of Musharraf, the ones behind Kargil? We fear that Musharraf only comes to the beconning call of America, not the Muslims. Indeed it pains us to see the Muslims of Kashmir will soon be left weak and defencless in this trecherous peace plan. It seems our Muslim leaders have forgotten us, but our enemies have not forgotten the possible strength of the Muslims. Bal Thakarey the leader of Shiv Sena said "Pakistan need not cross the border and attack India. 25 crore (250 million) Muslims in India are loyal to the Muslims in Pakistan and they will stage an uprising." He speaks the truth, this border between us means nothing, it is merely the design of the colonialist. All the borders that exist in our lands have been implanted there to divide us and defuse our strength. Dear conference Participants! Dear Muslims! All of this is due to the absense of a leader, the Khalifah, who has been ordered to protect the Muslims, The Messenger (saw) said, "The Imam is a shield. They fight behind him they (the Muslims) fight and protect themselves." It was from you, the Muslims of Britain, that we heard about the call for Khilafah, and today this call is gathering momentum. After study and thought, and after seeing what we have seen, we have realised this is the only solution for us and all of the Muslims. O Muslims! It was your forefathers that protected the honour of the Muslims and carried the Rayat ul 'Uqaab. They were the ones who sacrificed all to bring the light of Islam into your lands, they were lead and motivated by seeking the pleasure of Allah 'azza wa jall. Does it not move you to hear the genocide that occurs to your brothers and sisters not only in India, but the whole world where Muslims live. Can you 16

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We, The Muslims of India call you to protect us and the whole Ummah, to work with the sincere sons to re-establish the Khilafah. O attendees of this blessed conference, O Carriers of Islam and the Muslims of Pakistan and Muslims of the world! Do not bow your heads down to the arrogant, tyrant rulers. But be patient and persevere with your Islam and your Da'wa. For you are on the clear truth and know that the re-establishment of the Khilafah is a matter of life and death. And you, O fathers, mothers, brothers and sisters, have patience and fortitude when there are times of hardship no matter how big or small, and assist support and work with those who call to Islam. For it is a patience in the path of Allah (swt), a patience which will be followed by a close relief from the trials, tribulations and afflictions, insha'Allah and followed by a great reward from Allah (swt). Hold on to the Book of Allah 'azza wa jall and the Sunnah of His Messenger (saw) and work tirelessly for the resumption of Islam with the sincere sons of the Ummah. Indeed Islam started as a stranger and will return as a stranger. We are waiting for the calls of the Khilafah to be established. We are waiting for the announcement to be echoed in every part of the Muslim world. And we are waiting for the Rayah, to enter India and annex this land, liberate us from the fiends of Shaytan and grant us the Might and 'izza that this Ummah has. Wassalam Alaikum Your brothers awaiting your assistance, India, August 2001

Abraham Lincoln, in his debate with Senator Douglas at Quincy, IL. on Oct. 13,1858 and quoted in Abraham Lincoln- Complete Works published by the Century Company, 1894, Vol. 1 page 273 stated: "I will say, then, that I am not, nor ever have been, in favour of bringing about in any way the social and political equality of the White and the Black races-that I am not, nor have ever been, in favour of making voters or jurors of Negroes - nor of qualifying them to hold office, nor to intermarry with White people; and I will say in addition to this that there is a physical difference between the White and the black races which will ever forbid the races living together on the terms of political equality, and is as much as they cannot so live, while they do remain together, there must be a position of superior and inferior, and I, as much as any other man, am in favour of hav ing the superior position assigned to the White race.


The Secularists Jihad F

ebruary 2002 saw the publication of a new book called "Jihad", written by the now well-known journalist Ahmed Rashid. As the cover says, the book explains, "The roots of fundamentalist rage in central Asia…and suggests ways this threat can be neutralised." As an account of the political events in the region this is probably one of the more detailed pieces available. However it goes further, adding views on jihad, inaccurately describing the Islamic political party Hizb ut Tahrir, and criticising its aims. It complains about a lack of detailed policy and highlights the danger of the Hizb changing its ways, before finally concluding that Islam is not the key to resolving the areas problems, but rather it is better policies from America and the local governments, and responsible behaviour on the part of the foreign oil companies active in the region. Rather than give an ordinary book review - since that is already available in many of the National newspapers like the Daily Telegraph - it would be more appropriate to address some of the points mentioned in the book. Addressing these points would be of value because these concepts and contradictions are not unique to the book, but are widely expressed in the press and the Government declarations from the Muslim and Western world, hence their study would not be limited to responding to the book. Early on, the book begins with the explanation of the greater Jihad, an inner struggle to become a better human being. The writer justifies this stance quoting what is said to be a narration of the Prophet (saw). This understanding is common in secular circles where they use what they claim is a hadith, or

saying of Muhammad (saw), "We have returned from the lesser Jihad to the greater Jihad, that is the struggle against the evil of oneself." This is in fact a fabrication and is known as Mawdu' (spurious). Hafidh al Iraqi and Ibn Hajar al Asqalani, who were hadith masters and muhaditheen, who memorised one hundred thousand hadith by Isnad and were qualified to scrutinise hadith and their authenticity, stated that this was not a saying of the Messenger of Allah (saw) but was in fact a statement that was made by someone in the later generation named Ibrahim ibn Abi Yabla. Hence, this is not considered evidence in the Islamic Shari'ah. To elaborate further, it is in contradiction with the subject matter of Jihad that has been elaborated in over a hundred ayat of the Qur'an that have come with the meaning of Jihad being Qitaal, which means to slay or to kill or to fight. This was how the Prophet (saw) and the Sahabah (ra) understood it. To give an example from the Seerah, which was narrated by Ibn Majah with a source in Bukhari; woman came to the Prophet (saw) and asked "O Messenger of Allah! Is Jihad obliged upon the women?" To which he responded, "Yes, a Jihad without Qitaal (fighting), it is the Hajj and the Umrah!" This clearly demonstrates that Jihad is Qitaal, i.e. Jihad is undertaking the physical fighting and this is how it was understood by the woman and the Prophet (saw), as explained in the Prophet's (saw) answer, i.e. Jihad in Islam means fighting. The Messenger of Allah (saw) did not respond by saying that there was the greater Jihad for everyone, i.e. Jihad against oneself. Rather he informed her that Allah (swt) had prescribed the Hajj and the Umrah for her and that she would get the reward of the Mujahid for undertaking this action, as

explained by Imam Sanani in his book Sub-usSalam. A definition of the subject of Jihad can be extracted from the Islamic evidences rather than a mere linguistic understanding - so for example the term 'Salah' in the Arabic language means seeking maghfirah (forgiveness) or blessing or Du'a (supplication); however we know that in the Islamic Shari'ah it is referent to the five obligatory prayers. Similarly the term 'Zakah' literally means purification, but in the Islamic Shari'ah, Zakah is referent to a specific amount of charity that is taken from specific types of wealth and distributed to particular categories of people. So when we scrutinise the Islamic daleel we can extract a clear definition or definitions. When the Prophet (saw) was asked who is in the way of Allah i.e. who is a Mujahid, he explained, "Whosoever fights to make Allah's word the highest, then he is in the way of Allah" [Bukhari and Muslim]. Later on when discussing the political party, Hizb-ut Tahrir, the author specifically states that the aims are "anachronistic", meaning out of date, and esoteric, that is obscure. This is an astonishing claim for the party's aims are quite the reverse. Anyone who is aware of the Hizb is also aware of its aims to resume the Islamic way of Life and carrying the dawah to the world; this being achieved by re-establishing the Khilafah. In fact the aims are so well known that people automatically link the terms Hizb-ut Tahrir and Khilafah the world over. Furthermore the accusation of the aim being anachronistic is also false, rather it is the brutal aims of the leaders of the Muslim world to suppress their people, and the exploitative aims of the world powers like America and Russia who struggle to control these nations that are anachronistic. People say that the Khilafah was an old system or Islam is an old system being over 1400 years since it emerged, but these same people refer to ideals like democracy which emerged in ancient Greece at least 2000 years back making it much older than Islam and they see no difficulty with that. Also how does a system revealed by Allah (swt) to mankind until the Day of Judgment become out of date? Amongst other points is the assertion that the Hizb has implanted an alien ideology in Central Asia. How can this be the case when Hizb utTahrir's ideology is Islam? It works to resume the Islamic way of life through the establishment of the righteous Khilafah. Muslim reported on the authority of Abu Hazim, who said: "I accompanied Abu Hurairah for five years and heard him talking of the Prophet's saying: 'The Prophets ruled over the children of Israel, whenever a Prophet died another Prophet succeeded him, but there will be no Prophet after me. There will be Khulafa'a and they will number many.' They asked: What then do you order us? He said: 'Fulfil the bay'ah to them one after the other and give them their due. Surely Allah will ask them about what He March 2002 Khilafah Magazine

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entrusted them with.'" We see that Allah (swt) obliged the Muslims to rule by what Allah has revealed. He (swt) said:

"So judge between them by that which Allah has revealed" [TMQ Al-Maidah: 48]. He (swt) said:

"Judge between them by that which Allah revealed" [TMQ Al-Maidah: 49]. He (swt) said:

"Whosoever does not judge by what Allah has revealed, such are the disbelievers" [TMQ AlMaidah: 44]. These ayat oblige ruling by what Allah (swt) has revealed. This cannot be done except through the establishment of the righteous Khilafah. The Shari'ah principle states: "That which is necessary to establish a wajib is itself wajib". Establishing the Khilafah is Fard. This cannot be done except by a collective political activity, i.e. a block which is structured around Islam, which works to establish a righteous Khilafah in order to rule by that which Allah has revealed. This means that it is an obligation to establish a political party, whose ideology will be Islam, which will work to resume the Islamic way of life, via the establishment of the righteous Khilafah. As we have stated before, this is the meaning of Hizb ut-Tahrir. These decisive evidences show that the establish ment of Hizb ut-Tahrir is in compliance with an obligation which Allah (swt) has obligated on the Muslims, and not just on the members of Hizb utTahrir. So this Ideology is Islam, and it is what all the Muslims believe in, so there is no contradiction for any Muslim, from anywhere in the world, in accepting it. Furthermore, if this ideology were an alien ideology then very few would accept to work for and support this Hizb. However, the reality as the book itself describes, is that many people have joined this cause, including professionals and even the elites of these countries and this is seen in other parts of the world too. As for the writer's frustration in not seeing a detailed plan or pro gram for the central Asian states, this is not beyond the Hizb, for it has produced many details of the workings of the ruling and economic systems for a state in its books and literature and there are many Wilaya publications available detailing particular economic and political matters in other countries including Egypt, Jordan, Pakistan and Turkey.

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The book goes on to highlight the danger of the Hizb turning into a militant outfit. Once again a brief examination of the Hizb, its culture and its body shows that this is very unlikely. The Hizb is an ideological group, whose actions are restricted to the intellectual and political aspect and based on the actions of the Messenger (saw). Many analysts have highlighted this apparent danger, but this writer does so whilst simultaneously quoting some of the books of the Hizb that outline the method for change. They clearly show the adoption from the method of the Messenger of Allah (saw). In Makkah Allah's Messenger (saw) did not use any material actions, rather he restricted the Da'wah to the intellectual and political struggle. Hizb ut-Tahrir adheres to this method and does not undertake any material, or terrorist actions. For decades now in many Islamic lands the body of the Hizb has been exposed to intense pursuance and torture, even leading to martyrdom. Despite this, the Hizb does not undertake any act of vengeance. This is at a time when the members are able to do these things, for they fear no one except Allah (swt). In the path of Allah, their lives and property become small in their eyes. Rather the only thing that prevents them from this is their adherence to the Method of the Messenger of Allah (saw) in Makkah, where he used to carry the Da'wah via intellectual and political struggle. The most outrageous part is saved for the end where the dangers of the Hizb taking over are highlighted, and the need for the regimes of Central Asia, America and the Oil firms to save the day is re-affirmed. Like the writer many people today still have this conception that those running the current status quo can easily and sincere ly mend matters. However, even the briefest study of this subject reveals that such a view is only a dream. The track record of the leaders of Central Asia shows only their contempt for their own people, and that their greatest concern is maintaining their power and finding ways to increase it. Furthermore it is unthinkable that America would not exploit this region when she has done precisely that to every other part of the world where she has had the capability to do so. Even as recently as December 2001 the US assistant secretary of state Elizabeth Jones promised that, "When the Afghan conflict is over we [America] will not leave central Asia. We have long-term plans and interests in this region." Why would America, who has just finished obliterating Afghanistan, or Russia who has only recently wiped out the people of Chechnya, suddenly change and show concern for humanity. Why would the oil companies all of a sudden show concern for the people of the lands in which they drill when in their short history they have only showed concern for their yields and only recently public relations? What have the oil giants done for the actual people of the Arabian Gulf States, the people who are not related to the royal families? These Gulf States have worked with western oil firms to exploit their resources for decades but are still either

defenceless or in debt. Or just look at what Shell and the Nigerian regime did to the Ogoni people of Nigeria. Despite the disastrous events we witness in the world today it is mind boggling that we continue to see many shortsighted people running after the very perpetrators of such events. America is still seen as a beacon of light to many even after they have become aware of its menacing activities. Only recently she rained uninterrupted death in Afghanistan for two consecutive months. She killed tens of thousands of innocent civilians deliberately and wilfully. She waged her war against the Muslims under the pretext of fighting terrorism even though she has been the number one terrorist state throughout her history. She killed the original people of America, the American Indians and seized their properties. She brought the people of Africa and enslaved them and still continues to racially discriminate against them. She attacked Japan with two nuclear bombs and attacked Iraq, Sudan and Afghanistan with missiles. She was also behind most of the civil wars that took place in the last century in Latin America, Africa, East Asia and the Islamic world. However, despite the shortsightedness of some people, what is gratifying to learn is that the Muslim Ummah today on the whole is rejecting the spread of secularism and taking on board the genuine Islamic views and opinions. It is clear that the Ummah has taken heed of the saying of the Messenger (saw), where he (saw) said, "A Muslim does not get stung from the same hole twice" [Bukhari]. Hence Islamic groups have a large following globally and a group such as Hizb ut Tahrir has tens of thousands of members in countries like Uzbekistan. He (swt) said:

"Allah is with you, and will never decrease the reward of your good deeds" [TMQ Muhammad: 35]. Asim Khan


Imam Shafi Did Not Change Islam According To Changing Times and Places hose who wish the Ummah to accept submission before US hegemony have sought to amend Islam so that it does not exceed the boundaries set by Blair and Bush. They carry the old call of "modernism". They would have us accept the Western way of life because the West is strong. Such a call is in fact just one part of the crusade against Islam that is being waged under the guise of a "war against terrorism". The modernisers who sit in the courts of Blair and Bush and at the feet of the tyrant rulers in the Muslim countries suggest that Islam can change from time to time, and from place to place.

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The consequence of this concept is that certain rules of Islam, would not apply, due to the new environment they live in, and that we live in a new time and age. So rules regarding riba, marriage, social interaction, international law, ruling systems, would need to be updated, according to the said principle. The proponents of this understanding use the example of Imam Shafi to legitimise their viewpoint. Salam Al-Maryati, a Muslim academic from Iraq, addressing the US State Department on "Moderation in Islam" stated at the end of January 2002, "In fact, Shafi had two schools of thought, one when he resided in Iraq and one when he moved to Egypt, and when asked why there were two, he said because they were for two different peoples. If place is a variable in Islamic thinking, then time can also be a factor. " In order to address this point, we need to look to the life of the great Imam, and see what he was exposed to, in terms of ideas, and the different methodologies. Muhammad ibn Idris ibn al-`Abbas, al-Imam alShafi`i, Abu `Abd Allah al-Shafi`i al-Hijazi alQurashi al-Hashimi al-Muttalibi (d. 204AH), from the House of the Prophet, the unequalled one of the

great mujtahid imams and jurisprudent par excellence, was born in Gaza in 150AH, the year of Imam Abu Hanifa's death. He moved to Mecca at the age of two, following his father's death, where he grew up. He took to learning Arabic language and poetry until he gave himself to fiqh, beginning with hadith. He studied under two great scholars, Muslim Bin Khalid al Zingi, the Mufti of Mecca and Sufiyan Bin Uyaynah, may Allah be pleased with them. He memorised the Qur'an at the age of seven, then Imam Malik's Muwatta' at the age of ten, at which time his teacher would deputise him to teach in his absence. At aged thirteen, he moved to Madinah, where he went to see Imam Malik, who was impressed by his memory and intelligence. While there he was exposed to Imam Malik's (who belonged to the school of hadith) methodology of extraction. Imam Shafi then moved to Baghdad where he met scholars from the Hanafi school of Thought such as the great Imam Mohammad Bin al-Hasan al-Shaybani. Here he was exposed to the Hanafi school of Fiqh, which was known for being part of the Ra'ee tradition. There he refined his legal thinking in constant debates with the Hanafi jurists where he took Malik's position in defence of tradition. This experience had a tremendous impact in moulding his own legal thinking since it brought to light the weaknesses in the Maliki school of thought. After moving back to Mecca for a short time he then returned to Baghdad. While in Baghdad, he wrote the old edition the tremendous al-Risala, a book containing the methodology of Usul al fiqh. This old edition is not available to us, but it is quoted by some of the Scholars, like al-Fakhr al-Razi. But he finally decided to leave for Egypt where he could finally settle down to do more work in Fiqh and its methodology. While there, he was exposed to the methodology of Imam Laith ibn Saad. Imam Laith was an exceptionally knowledgeable Mujtahid. Shafi is quoted as say-

ing "Laith was a greater faqih than Malik but his students wasted him (through not preserving his teachings)." (Siyar i`lam al-nubala', 8/156) In Egypt, he wrote his new edition of Risala after this new experience. So, this tells us he became more matured in his understanding, in Usul al Fiqh. Why did Imam Shafi Change his Methodology? Imam Shafi' did not change his methodology because of geographically moving from one place to another. This can be clearly seen. The change in the methodology has nothing to do with the change of environment. Changing the methodology is related to the change in the way of thinking, which characterises Imam Shafi's change. Imam Shafi had defined his Usul and wrote it in his old Risala that was written in Iraq before he arrived and settled in Egypt. Shafi began writing his Usul before the end of the second century. Reports tell us also that he started writing his Usul at early age and he kept reviewing his writings, changing some of what he wrote, making some modifications until he was able to re-write the new Risala in Egypt. As it is clear from his life, prior to Egypt, Imam Shafi' was exposed to two schools of Fiqh. He wrote his first edition of Al Risalah and later, matured in his thinking and settled on the second edition of Al Risalah. Dr. Muhammad Baltaaji in his book Manahij ul Tashri al Islaami fil Qarn al Thani al Hijri (The Methodologies of Islamic Legislation During the Second Century Hijri), states " Shafi was criticised because of this continuous change. But, he responded to that criticism. Ibn Abi Hatim reported that Shafi once asked Amr Bin Sawad al-Serhi: 'why do you not copy my books?" the man remained quiet. Then a third person said to Shafi: "he claims that you wrote, then, you changed, then you wrote and after that you changed" The man means that this continuous change is the reason why al-Sehri was not copying Shafi's books. Then Shafi answered: "now, it is matured" (Vol. 1 p.65). Also, Imam Ahmad ibn Hanbal was once asked by Mohammad Bin Muslim ar-Razi to tell him which books of Shafi he should choose. Ahmad answered: "Choose books which were written in Egypt. The books he wrote in Iraq were not well done. Then he went to Egypt where he wrote his books in more profound way." (The Methodologies of Islamic Legislation During the Second Century Hijri Vol.1 p.31) In Egypt, Imam Shafi' was exposed to the Fiqh of Imam Laith Bin Sad. Imam Laith died in 175 A.H. He was in Egypt but he travelled to Baghdad in which he met Abu Hanifa himself and had a chance to meet Ibn Shihab al Zuhri, Nafi' and others. Imam ibn Hajr says that: "The knowledge of the Tabi'een ended with Laith". Imam Laith also had the chance to meet Imam

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The Contract of Ruling in Islam

Malik. In fact, Laith was the Shaykh of Imam Malik himself. Thus, in Egypt, Imam Shafi had a chance to be exposed to the Fiqh of Laith. Shafi' came to Egypt fourteen years after the death of Imam Laith. This means that the influence of Imam Laith was still strong in Egypt. Thus, one can say that this exposure matured Imam Shafi' and thus, his entire method underwent change. So asserting that the environment changed Imam Shafi' is very vague and baseless. What is meant be the environment? Is it the soil of Egypt? Is it its Nile? Is it the way of life? The physical environment has nothing to do with all of this. The way of life both in Egypt, Baghdad, Medina, Mecca were the same. All were living the Islamic way of life in the same era. The differences in some customs practiced in one area, do not make the environment different. A new custom in a new area, may oblige a Mujtahid to study and arrive at a new rule for a certain custom, since he never faced that custom before. However, a rule for an issue, which is facing the people in Baghdad and the Hukm applied for the people in Baghdad should be exactly the same for the people in Egypt or the Hijaz, or in the UK, or US. Riba is haram in both Egypt and Baghdad, and the UK, or Lahore. The change in the environment does not make Riba allowed in Egypt while it was prohibited in Baghdad. In order to create impact in the minds of the people, those who propose that a change of place changes the methodology say that Shafi moved from One State to another. The fact of the matter is that both Baghdad and Egypt, were part of ONE State, they were not two states. There was no visible difference between Baghdad and Egypt at that time. The only difference is the existence of Imam Laith in Egypt who was by himself affected by many schools of Fiqh. Imam Shafi before arriving in Egypt was exposed to the School of Madinah and the School of Kufah (In Iraq). But in Egypt he had a chance to get exposed to another school of Laith. This affected the maturity of Imam Shafi'. An issue such as a British woman accepting Islam while her husband remains a non-Muslim is not a new issue. This problem occurred at the time of the Prophet (SAW) when his (SAW) daughter Zaynab (RA) accepted Islam while her husband remained a non-Muslim. Therefore, in order to solve this problem today, we need to go back to the legal texts and study them in order to acquire the Islamic ruling. This applies to all other issues as well. This is a misunderstanding in the nature, of Islam, and the dynamism of the Islamic Jurisprudence. So with regards With regards to issues involving adoption, wills, inheritance, and burial, these have rules that are discussed extensively in Islam and cannot be changed. As for the new problems, this requires a Mujtahid to extract rulings whether the problem happens in the East or the West. So the need to change Islam from place to place and time to time, using Imam Shafi, as an example is mistaken. Asif Khan

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n recent years as the tide of the Islamic resur gence in our lands increased in strength, shak ing the power of the rulers of the Muslim coun tries and creating a widening gulf between the ummah and the rulers, we have witnessed the increased use of Islam by our rulers to justify their positions of power. For example on February 5th 2002, President General Pervez Musharraf invoked a verse from the Qur'an to claim that the authority for his rule is a divine authority ordained by Allah (swt). "This position, this authority has been bestowed by God and as long as I hold this authority, and whatever work I am doing with full responsibility, all Pakistanis should have confidence in that because this is our faith," Gen Musharraf said. This statement is simply one of many others such as that of Prime Minister Mahatir Mohammad of Malaysia who said in an address at the World Economic Forum in that: "‌It (Islam) is a way of life which does not neglect spiritual values and can bring greatness to the follow ers of Islam, as it once did. Malaysia is an Islamic country. The state religion is Islam". Since these statements are an attempt at legitimizing the existence of the current status quo, let us examine the Shar'iah rules regarding the appointment of a ruler to conclude whether any of the current rulers of the Muslim countries have any legitimacy to govern our affairs. It is important to realize that the objective in dis cussing and refuting the position of our rulers is not merely to refute or expose the rulers, but it is a word of truth against the tyrrany of the ruler and also an explanation of some of the deep rules of the Islamic ruling system. How else could the Muslims recognize the sincere leader if they were not aware of the rules of Islam regarding the ruling system and the conditions of appointing a ruler to rule by Islam? There are three aspects to be discussed in this article. Initially, it is the contract of baiyah (pledge of allegiance) which brings about the Khalifah and gives him the mandatory powers to rule over the Muslims worldwide. However, in order for the baiyah to take

place, the candidates for the post of Khilafah must satisfy all the contractual conditions that Islam has placed for this post, and furthermore the land (state) which they intend to rule upon must fulfill all the conditions that Islam has placed on it so that it can be labelled an Islamic State. Hence all three issues (the bai'yah contract, the contractual conditions for the khilafah post, and the conditions on any land to be labeled an Islamic state) need to be discussed.

1. The Baiyah Contract Two distinct points can be established; (i) that the ruling and the authority belong to the Muslim ummah, and (ii) that the subject of the contract is the ruling by Islam. If one were to violate either of these two points, then the contract from its basis would be invalid since they are fundamental pre-requisites for ruling by Islam. (i) Authority Belongs to the Ummah The first point is established because the authority to rule is a right upon the Ummah. However, the manner of this ruling and the execution of this authority is conducted by the pledging of the baiyah (pledge of allegiance) by the ummah to one man (the khaleefah) to rule by Islam. Thus the ruler must be one whom the ummah has authorized to rule over them by Islam. The great scholars Ibn 'Ishaq and Ibn Hisham both attest that even the Prophet (saw) took a baiyah from the people to rule over them by Islam when he (saw) emigrated to Medina. This baiyah was not one for Prophethood, since the sahabah who had already testified their belief in his Prophethood when they embraced Islam such as Abu Bakr (ra) and Umar bin Al-Khattab (ra) gave baiyah to the Prophet (saw) for ruling in Medina. Imam Bukhari narrates that Ubadah Ibnus Samit said: 'We pledged ourselves in complete obedience to the Messenger of Allah, in weal and woe, and that we would not dispute the matter (authority) with its people, that we would speak or stand up for the truth at all times wherever we were and that in Allah's service we would fear the censure of no one.' Hence the contract to rule in Islam is essentially the issuing of the bai'yah from the contractor (the ummah) to the contractee (the khaleefah). The essence of this point is that it is the ummah who gives the pledge of allegiance (baiyah) by free choice and consent. It is not allowed for anyone to usurp the power and simply take the authority ignoring the views and the wishes of the ummah. The majority of the classical scolars holds this understanding, amongst them, Imam Al Shawkani who said in his book (Irshad al Fuhul pp 81, 82, 89) "the baiyah is the only legitimate way for appointing the khalifah". Additionally Nisa'i reported that Umar bin Al-Khattab (ra) said: "Anyone who calls the imarah for himself or any other person without consulting the Muslims, it is allowed to kill him". (ii) The Subject Matter of the Contract The subject matter of the contract is the rule according to the Qur'an and the Sunnah. This means that if the subject matter of the rule were anything other than the


ruling by Islam, such as the ruling by communism then this contract would be null and void. This is because the ayath of Qur'an stipulates a ruling by what Allah revealed, not simply a ruling on its own.

Muslim ummah. (ii) The Khalifah Must be Male

Islam (Dar al Islam). If this aspect were unfulfilled then the bai'yah contract would be meaningless as there would not be a legitimate Islamic homeland to rule over.

This is taken from the hadith related by Abi Bakra: "Any nation which appoints a woman as a ruler will be unsuccessful" " ..and rule between them by what Allah has revealed and do not follow their vain desires which lead away from the truth that has come to you" [TMQ AlMaidah:48] Taking these two points into consideration, when we analyze the way in which the current rulers of the Muslim ummah came into power we can see a funda mental contradiction with the baiyah contract. For example Gen. Pervez Musharraf not only usurped the power of the ummah disregarding her views, but also the subject matter of his rule was not a return to Islam but rather the continuation of the democratic republican system of ruling. His catchphrase at the time was that Pakistan required real democracy, not "sham democracy". This means that President Pervez Musharraf has fun damentally violated two pillars of the Bai'yah con tract; the ruling and authority belong to the ummah, and the subject matter of the contract. This means that he has no basis to represent the Muslims, or to govern their affairs. This is not restricted to Musharraf, but must also be applied to all the other rulers in the Muslim countries.

2. The Conditions for the Khalifah Further to the above points, we should note the con tractual conditions that must be satisfied by any can didate wishing to receive the baiyah and become the khalifah. There are seven contractual conditions that require the khalifah to be Muslim, male, sane, mature, just, free and able to rule. We will now simply focus on three; Muslim, male and just. (i) The Khalifah Must Be Muslim Allah (swt) says:

"..and Allah will never allow the kafir to have any way (sabeel) over the believers." [TMQ An-Nisa:141] This verse is a definite command, which tells the Muslim that Allah does not allow the Kafir to have any authority over the believers in any way shape or form. Hence the first contractual condition is that the Khalifah must have Islam to rule over the Muslims. There is a consensus by all the classical scholars from all the schools of thought on this condition. If one were to look at many of the rulers of the Muslims such as Muammar Ghaddafi of Libya who denies the Sunnah of the Prophet (saw), Bashar al Assad of Syria who belongs to the Alawi sect or Islam Karimov of Uzbekistan who is a Jew then it is very apparent that they are unfit to rule over the Muslims since they have failed the first contractual condition, thereby making them illegitimate rulers over the

We take from this hadith a definite command to restrict the appointment of the Khalifah to a man, and a clear rebuke to any nation which appoints a woman as a ruler since the "success" refers mainly to the suc cess in the hereafter.

The viewpoint of the scholars regarding Dar al Islam (Islamic homeland) generally consist of two elements: (i) The authority in that country must depend on the Muslims, not a non-Islamic country or influence (ii) The Security in that country must be guaranteed by the Muslims rather than by the kuffar

The authenticity of this hadith is beyond question since it has been confirmed as Sahih by all the great Muhadditheen such as Bukhari and Muslim.

If these points were applied to the current Islamic lands we can explicitly see that there is no Islamic state in the world today.

How is it then that when Megawati Sukarnoputri was sworn in to power in Indonesia she said "In the name of God, I swear to fulfill my duties as the President of the Republic of Indonesia as well and as justly as possible?�

Today, the rulers have chosen to grant the authority over the Muslim lands to foreign powers like America or Britain. For example, It is clearly apparent that Hamid Karzai has given the US forces a carte blanche in Afghanistan regarding the so called hunt for Usama bin Laden. What is clear from this is that the authority in these lands is de-facto held by the US, and in some cases Britain, rather than the Muslims ummah.

The irony is that she swore this oath as a copy of the Qur'an was held above her head. Surely, if she wishes to rule in the name of Allah, she should abide by His (swt) rules? (iii) The Khalifah Must be Just ('Adl) Justice ('Adala) in Islam means that the Khalifah should not be a fasiq (open sinner). This is because Allah (SWT) has stipulated that the witness (in a court case) must be just.

"And seek the witness of two just men from amongst you" [65:2] Since the witness must be just, then by the shariah principle of Baab Uula (greater reasoning) the judge must be just also, and since the Khalifah presides over the judge then he too must be just. This is the opinion of most of the scholars including Imam Sha'fi. Looking at the application of this condition we can see that rather than being just the current rulers placed over the ummah are unjust and have a deep hatred for Islam. Take the example of Yasser Arafat who opens fire on the Muslims of Palestine for supporting the Muslims in Afghanistan, yet remains quiet as the Israeli's kill and maim the ummah in Al Quds. Other examples include the regular purging of the various Muslim armies of any officer linked to any Islamic group as well as the number of peace treaties signed with Israel by many of the rulers. We have even seen recently the undisguised aid given to the American in their war against Islam. These examples very clearly emphasize the injustice of the rulers in the Muslim lands.

The Security in the Muslim lands is often in the hands of the kuffar. In a very interesting article, The Guardian Newspaper last September published an article explaining how the British forces secured the power for Sultan Qaboos of Oman and still maintains that security today. This example is by no means isolated - one can even look recently at the appointment of Hamid Karzai whose leadership is secured by the US forces in Afghanistan. Today, it is painfully obvious that all the Muslim rulers are illegitimate from the contractual basis without exception. Hence the Muslim ummah should expend all its efforts to replace these illegitimate states by one ruler over all the Muslim countries as ordered by Allah (swt) and exemplified by the Prophet (saw). Finally, it is imperative that the Muslim ummah become familiarized with these rules so that they can spend their utmost efforts working for the sincere Islamic, and not be tricked by the treachery of the Muslim rulers who coat their lies with the noble ayat of the Qur'an or the ahadith of the Prophet (saw). Jilani Ghulam

3. The Conditions Placed Upon the Land The final aspect focuses on the conditions necessary for any land to be recognized as the homeland of

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A dissection of the arguments advocated can essentially be attributed to two fundamental sources. Firstly, the right to freedom of ownership. The Capitalists consider any commodity that has a benefit for man as wealth, i.e. having a particular value. Its value is determined by supply and demand and bought by the exchange of a price. Therefore they considered the individual's knowledge as wealth that is subject to ownership for a specific price. Therefore the one who comes to know or learn someone's knowledge cannot use it except by paying a price.

Refutation of Intellectual Property

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ntellectual property, arguably a recent phenomenon and perhaps novel to some, nevertheless has characterised western economics, multi national co-operations and aided western economic colonisation. In today's debate it seems to have become an indispensable tool for the Capitalists in aiding the ideological, political, socio-economic, & intellectual hegemony as will be argued later. What is the reality of intellectual property, its usage, its refutation and the Islamic viewpoint?

Ideological Origins of Intellectual Property: A study of intellectual property illustrates that its roots and source of motivation are respectively intrinsically linked with the fundamentals of Capitalism. The capitalist economic system is based upon the capitalist perception of reality, which influenced them to advocate that man's material needs were exposed to an inherent shortage of commodities. The value of any commodity, they argued, was intrinsically linked to its benefit to man. Hence anything, which was perceived as beneficial, could also be subject to ownership. The criterion therefore for satisfying man's needs, determining ownership, or judging the distribution of these apparent scarce commodities was "price", the cornerstone of the capitalist economy.

Why Intellectual Property? The Industrial revolution from the 18th century 22

Khilafah Magazine March 2002

onwards was a significant landmark for the elevation of the western ideological nations. Advances in technology, engineering, medicine, and science influenced all aspects of life, symbolizing the transition of an artisan society towards one of mass production and the transformation of industry. Although these developments have been for the use of the West alone and of little use to the vast majority of the world, it was within this environment that essentially a dilemma arose. In the words of the WIPO itself, "the need for international protection of intellectual property became evident when foreign exhibitors refused to attend the International Exhibition of Inventions in Vienna in 1873 because they were afraid their ideas would be stolen and exploited commercially in other countries." In other words, the very history of Intellectual property emanated from an attempt to curtail the knowledge and science of innovation for the western intellectuals and their sponsors namely the Capitalists. Essentially the question that arose was related to the apparent plagiarism of someone's idea. In other words, does an idea belong to anyone? Can someone benefit from someone else's idea? Is there any inherent value in an idea? Can any individual control the use, or non-use of an idea or invention? The notion of this argument epitomizes absurdity per se as the reality for any thought to occur is that it requires a previous thought! In other words previous information is an integral component to any new thought. Without previous information seldom has man progressed.

Secondly, the socio-economic and political implications. Altruistic attitudes towards intellectual property contradict the very principles of Capitalism and its method of carrying its ideology namely Colonialism.

What is Intellectual Property? It is paramount to define Intellectual Property and understand its reality in order to entertain its profound implications in the wider world, namely the socio-economic, political, intellectual spheres of life. Intellectual property, very broadly, means the legal rights, which result from intellectual activity in the industrial, scientific, literary and artistic fields. The laws of protecting intellectual property give the individual the right to protect his invention, grant him the power to dispose of it and prevent others from using this invention without his permission. In layman's terminology, this means that one man cannot come along and take the science forward from where it is. He has to re-design and re-invent from scratch, rather than building on what's there. We can see the obstacle this places today, for example, Microsoft alone can develop the operating system of the majority of the world's personal computers, no-one else can collaborate and build on the technology already there. Or, if a person buys a book or a disk which is copyright protected, or if a life saving drug for cancer or HIV is discovered, all rights belong to the patent holder and he has the right to impose restrictions on the sale, consumption, or utilization of the product as he wills.

Types of Intellectual Property: Intellectual property is divided into two categories: a. Industrial property: which includes inventions (patents), trademarks, industrial designs, etc. b. Copyright: which includes literary and artistic works such as novels, poems and plays, films, musical works, etc.


1. Inventions (patents) A patent is a monopoly given by a government that confers exclusive rights upon the creator of an invention the sole right to make, use, and sell that invention for a set period of time. It is intended to prevent mechanical inventions or chemical processes from being copied. A patent allows the holder to exclude anyone else from making, using or selling the 'invention' for up to 20 years, although this can be extended by clever manoeuvring for up to 30 years or even longer A patent provides protection for the invention to the owner of the patent. Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent. These patent rights are usually enforced in a court, which, in most systems, holds the authority to stop patent infringement. A patent owner has the right to decide who may - or may not - use the patented invention for the period in which the invention is protected. The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. 2. Trademarks A trademark is a distinctive sign, which identifies certain goods or services as those produced or provided by a specific person or enterprise. The system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs. A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. Trademark protection is enforced by the courts, which in most systems have the authority to block trademark infringement. 3. Copyright and Related Rights Copyright is a legal term describing rights given to creators for their literary and artistic works. It deals with printed publications, sound and television broadcasting and even computerized systems for the storage and retrieval of information. The original creators of works protected by copyright, and their heirs, have certain basic rights. They hold the exclusive right to use or authorize others to use the work on agreed terms.

The Implications of Intellectual Property: WIPO argues, "Intellectual property plays an important role in an increasingly broad range of

areas, ranging from the Internet to health care to nearly all aspects of science, technology, literature and the arts." There are two sides for every argument, so the proverb goes. However the reality is irrevocably one. Inevitably there must be a correct and an incorrect viewpoint towards it. The discussion on the origins and reality of intellectual property has already brought this statement into disrepute, however let us place the key areas of development post intellectual property under the microscope and see their ramifications.

Yet the WTO aims to restrict the right of developing countries to produce cheaper drugs for their own people, forcing them instead to accept private ownership of brand-named medicines through long patents. In 1998 the WTO ruled that the Indian government must amend its national legislation in line with the TRIPs agreement to give greater rights to pharmaceutical companies' patents. The value of Human Life Perverse officials from the population and human resources department at the World Bank in a June 1992 report have concluded there may be a silver lining in the plague.

Science and Medicine Discoveries surrounding science and medicine during the last century have been numerous. Penicillin, the double-helix structure of DNA, cloning, transgenic technology, plant and human genomic sequencing, vaccines and others just to name a few.

Quote, "If the only effect of the AIDS epidemic were to reduce the population growth rate, it would increase the growth rate of per capita income in any plausible economic model," argued one, In other words, like the 14th-century bubonic plague in Europe, AIDS in Africa might propel an economic rebirth!

Medicine has been defined as, "The science of diagnosing, treating, or preventing disease and other damage to the body or mind."

Aid Relief?

However, the adherents of Jeremy Bantham, Adam Smith and other forefathers of Capitalism like Richard Sykes (gsk), David Brennan (Astra), or Robert Shapiro (Monsanto), sitting on the board of directors of such industries have very little concern for such values. As Dr. Sue Meyer of the research group, Genewatch UK concurs, "Science is driven by private interest, aiming at maximising their shareholder values, rather than addressing public health issues." Even the WTO Director-General Mike Moore, admits that medical research for some types of diseases is not even financially worthwhile. To quote, "There are no effective treatments for some ills that affect people in poor countries only, because developing them is not commercially viable." He is right; the companies are too busy developing money-spinners like Viagra and obesity drugs. Aids A report projected that the number of aids victims is greater than all the combatants killed in World War I, World War II, Korea and Vietnam combined. However, according to WHO none of the countries with high infection rates (ninety-five percent of people with HIV in the world live in developing countries) can afford the per-patient $10-15,000 price tag of non-generic HIV drugs. What this means is that the African countries face a social, economic and political devastation of apocalyptic proportions because of intellectual property enforcement.

The Clinton administration pledged $1 billion to fight AIDS in Africa, rather similar to Blair and his current mission to save Africa. However, Clinton's money turned out to be in the form of Export-Import Bank loans, at commercial interest rates, to buy American drugs at market price. This initiative was hailed by American pharmaceutical companies, which looked forward to more profits for their $1 billion-a-year industry. But there were no takers. Patenting Life Patenting genes is set to be one of the most significant issues of this century. Research commissioned by the Guardian reveals the awesome scale of the gene rush. Alongside human genes, patents are being sought by organisations, overwhelmingly from rich countries, on hundreds of thousands of animal and plant genes, including those in staple crops such as rice and wheat. The Guardian's research found that patents are pending on genes controlling processes in the human heart, teeth, tongue, colon, skin, brain, bone, ear, lung, liver, kidney, sperm, blood and immune system 9,364 patents relating to the human body have been filed for so far. The applications made cover 126,672 genes or partial gene sequences. 21 patents covering HIV genes. 152 patents have been applied for on rice, these patents cover 584 genes. The implications of these multi nationals holding the patents are inconceivable. Granting patents on genes gives an exclusive monopoly of the human body over new treatments, medicines, research, and technologies to the capitalists.

March 2002 Khilafah Magazine

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To quote Thomas Schweiger, of German Greenpeace, which is campaigning against gene patenting "It's like someone buying a street and taking a toll from everybody passing through." Biological Advancements Biological information can now be claimed as intellectual property. US courts have ruled that genetic sequences can be patented, even when the sequences are found "in nature". This has led companies to race to take out patents on numerous genetic codes. In some cases, patents have been granted covering all transgenic forms of an entire species, such as soybeans or cotton, causing enormous controversy. The consequence is that international corporations are patenting genetic materials found in Third World plants and animals, so that some Third World peoples actually have to pay to use seeds and other genetic materials that have been freely available to them for centuries. Technology & Engineering This past century was witness to extraordinary strides in technology that has radically changed western lives through the discoveries of computers, Internet, etc. From its beginning in 1875, the US Company AT&T collected patents in order to ensure its monopoly on telephones. According to analysts, it strategically slowed down the introduction of radio for some 20 years. In a similar fashion, General Electric (GE Capital) used control of patents to retard the introduction of fluorescent lights, which were a threat to its sales of incandescent lights. All aspects of technology from Business-toBusiness Software, Graphical Software, GUIS, Audio Software and File Formats, Internet Search Engines, Web Standards etc are all patented. Today, experts estimate that Microsoft controls about 90% of the market for the operating system software (OS), which is used to run personal computers. Moreover, Microsoft controls nearly the same 90% market share for popular applications such as Word Processors, spreadsheets, presentation graphic programs and relational databases Copyright and intellectual property enforcement has resulted in staggering multi billion monopolies usurped by the likes of Bill Gates, Jack Welch (GE) and other CEOs. Intellectual Stagnation WIPO states quote, "Intellectual property promotes as a deliberate act of government policy, creativity and the dissemination and application of its results." 24

Khilafah Magazine March 2002

However, the advocates of Intellectual property & the capitalist philosophy have not only monopolised the very concept of thoughts & ideas, but created a vacuum and intellectually colonised the developing world by creating a severe inhibition on research by non-patent holders.

spent $246 million lobbying the congress, and gives millions in campaign donations to the US political establishment, to constantly push the U.S. trade office to file cases against developing countries at the World Trade Organisation e.g. South Africa, Brazil.

The use of intellectual property has been a tool that has been used to curtail development for the economic interests of the patent holder. The scientific advancement has been despite of, rather than because of, the way the West has applied itself since the industrial revolution, as research by GeneWatch UK concurs.

The US has been acting as the industry's policeman, threatening trade sanctions against countries such as Thailand, the Dominican Republic, and more than 15 other developing countries unless they abandon manufacturing, exporting, or purchasing generic copies of drugs that American firms have patented.

In effect thus relegating the third world nations as the consumer markets for their products and so these nations are subject to their influence, stealing their wealth and resources in the name of intellectual property & patents.

Under its "Special 301" trade law provision, the United States can unilaterally impose trades sanctions on countries that differ with her wishes and refuse to endorse patented drugs. In November 1999, the US used this arm-twisting tactic to force Thailand to stop using generic drugs.

Furthermore, the capitalist view on the value of actions has also hindered research. Cooperates expect tangible "benefit" from any research before licensing it. As a researcher, if you take the research money but cannot deliver tangible results, then your research programme is terminated. Thereby the capitalist nations have ensured that the developing world remains declined and dependent upon her. Hence introducing intellectual property at the juncture of her own intellectual elevation at the expense of the man.

Problems for the West Enforcing intellectual property in the international world markets has brought its problems for the west, not least epitomized by the recent fiasco involving the South African government. In the face of the worst plague to face humanity since the Middle Ages the HIV/AIDS epidemic in Africa has brought Africa into the limelight. Earlier this year 39 pharmaceutical companies tried to sue the South African government (with the help of the US) in order to prevent them importing affordably cheap medicines for South Africa's HIVpositive population. Brazil four years ago began to produce its own generic versions of the AIDS triple therapy drugs and importing others at low cost. Since then Brazil has halved its AIDS death rate and reduced hospitalisation for the disease. The Indian pharmaceutical company Cipla is making triple therapy available at $600 per year. It is providing HIV drugs for use in Africa. The patented cocktail costs between $10,000 and $15,000 for a year's treatment. Cipla has offered its substitute at cost: $350 a year.

Enforcing Intellectual Property The pharmaceutical lobby in the last 2 years has

The foundation of WIPO was initialised as early as March 20 1883 at the Paris Convention for the Protection of Industrial Property, the first major international treaty designed to help the people of one country obtain protection in other countries for their intellectual creations. WIPO today is a specialized agency of the United Nations system of organizations, with a mandate to administer intellectual property matters recognized by the member States of the UN. In 1995 the World Trade Organization adopted the idea of protecting intellectual property and so WIPO became part of the WTO. On January 1, 1996, an agreement between the World Intellectual Property Organization and the World Trade Organization entered into force. The Agreement on Trade?Related Aspects of Intellectual Property Rights (TRIPS), which forms part of the overall Agreement establishing the World Trade Organization (WTO), requires the members of the WTO to ensure that effective enforcement procedures are available. Until the creation of the WTO in 1995, few poor countries had intellectual property laws and countries like Egypt, Thailand and India developed thriving generic drugs industries. However, under the new WTO rules, strict US intellectual property rights rules, which the US pharmaceuticals industry was extremely influential in drawing up extend patent rights for 20 years, have become standard. All 140 WTO member countries, even the poorest member states in Africa, must change their laws to conform until 2006. Under this agreement, the WTO aims to restrict the right of developing countries to produce cheaper drugs for their own people, forcing them instead to accept private ownership of brand-named medi-


cines through long patents.

Islamic Perspective: Needs & Instincts So what is the Islamic perspective towards Intellectual property? Islam recognises that man has needs & instincts which need satisfying. Hence within our context, it is man's biological needs and survival instinct that are under scrutiny i.e. man's need to eat, and his survival, which requires him to own certain amenities to ensure survival & a respectable life. On this subject matter, Islam distinguished between man's needs/instincts, and the means of satisfaction. In other words, the agitation of the needs/instincts requires a solution, namely an economic system, whereas the means of satisfaction is related to the subject of economic science. Hence since the pivots of any economic system are based upon ownership, disposal and distribution, Islam being the system of the creator, stipulated in the realm of possession/ownership, utilisation and distribution. On the other hand, man was given permission/recommended to explore the realms of the economic sciences, which are related to production.

Ownership in Islam Therefore, ownership in Islam is the permission of the Legislator to benefit from an asset. Private ownership is determined by the Shar'i rule; this ascribes an asset or a benefit to an individual, thus enabling him to benefit from the asset itself. Hence, ownership cannot be asserted unless proven by the Shar'i rule. Thus, the right to own a thing does not arise from the thing itself or from the fact that it is beneficial as for the capitalists. Ownership in Islam means the right of disposal. The individual has authority over the thing that he owns. It enabled him to freely dispose of it and benefit from what he owns according to the Shar'i rules. It also obliged the state to protect private ownership and laid down punishments to deter those who infringe upon the ownership of others.

Islam & Intellectual Property The reality of intellectual property as defined earlier consists of two elements: One of them is sensed and tangible such as a trademark and a book. The second is sensed but not tangible such as a scientific theory and an idea of an invention stored in the brain of a scientist. Thoughts are not subject to ownership. However any idea originates from mans mind, hence his mind is the initial 'home' for any particular thought from the perspective of reality. Thus he can ignore

it or dispense it seeking a material value. However, once dispensed it is haram to copyright it as this is an invalid contract, or patent it as this is not subject to ownership according to the Shar'a and patents are an exclusive monopoly given to the patent holder and monopolies are haram. On the other hand trademarks are sensed, tangible, and have a material value because it is a component of the trade. Therefore, it is allowed for the individual to own it and the state is obliged to protect this right of the individual. He will be able to freely dispose of it, and others will be prevented from infringing upon this right.

Current Reality in Muslim Lands In politics, economic dependency is synonymous to political subservience. America's economic strength has given it an unparalleled leverage to subvert nations & approve policy. The track record of Pakistan and other Muslim states are all poignant testimonies to this. The non-ideological Kufr systems within the Muslim lands are all signatories of WIPO and are members of the WTO. This means that they officially recognize and must enforce intellectual property rights. A brief study of the impact of intellectual property on the so-called 'developing nations' has already been outlined, however in the context of the Muslim countries a brief case study of Pakistan provides a good example.

to various economic factors.

Agricultural Industry Pakistan's agricultural industry accounts as one of its largest export markets. Multi national cooperates like Monsanto control world markets through patents on genetically modified seeds, food etc. The result will be that third world peoples like Pakistan actually have to pay to use seeds and other genetic materials that have been freely available to them for centuries.

The Khilafah & Intellectual Property The period prior to the development of intellectual property was seldom scarce of innovations. During the glorious history of the Khilafah, Spain, Baghdad and Damascus were centres of medicine, physics, astronomy, optometry, and pharmacology, to name but a few sciences. Since Islam does not recognise intellectual property or copyright, the Khilafah state will immediately repudiate such laws and enforcements by politically withdrawing from the colonialist's institutions of the WTO and UN. The implications for the Khilafah state, the developing world and the capitalists states will inevitably be prolific and numerous. Below are presented some possibilities for illustration.

Socio-economic, Political, & Intellectual Implications

Pakistan

International Politics:

Pakistan has been on the U.S. Trade Representative "Special 301" watch list since 1989 due to widespread piracy, especially of copyrighted materials and slow efforts to implement its patent.

The greatest implication for the world will be the presence of a practical alternative to Capitalism.

For example according to a U.S. report, "The impact on U.S. exports of only weak IPR protection in Pakistan is substantial, though difficult to quantify. In the area of copyright infringement alone, the International Intellectual Property Alliance estimated that piracy of films, sound recordings, computer programs, and books resulted in trade losses of $62 million in 1994."

Pharmaceutical Industry Medicines have become the latest among Indian imports. Under Pakistani law, only medicines that are approved and registered with the health department can be sold in the country. This is largely because Indian drugs can be 10 times cheaper than those manufactured in Pakistan by the same multinational companies (MNCs). Medicines from India are becoming even more popular in this country as Pakistan's Ministry of Health seeks a 6 to 10 percent increase in drug prices due

Challenge to the American hegemony will be at the forefront, as she is the world's policeman. Although America will retain its support with the Western states, the state will raise immediate international opinion against her through a multitude of mediums. The Khilafah should be able to influence and win leadership over the developing world including the Muslim states, as it these states which have long suffered from intellectual properties. World opinion will be challenged and divided. Economics: We will openly repudiate international patents on the world arena and initiate copying, developing and selling medical drugs, software, etc to other countries for lower prices and political aims. This should see the inauguration of the collapse of the capitalist multi-corporate monopolies. Such fierce and aggressive competition should shatter the March 2002 Khilafah Magazine

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volatile economy of the West, beginning with the loss of confidence, wiping millions of the market value, forcing out investors/shareholders. Increased competition and a decline of prices an inevitability. Intellectual Wealth & Progress: Research will once again flourish beyond the capitalist states. Innovation, science and technology would be encouraged and developed using current knowledge irrespective of intellectual property. Non-ideological & subservient nations will become revitalized nations, referring to the Islamic ideology to solve their problems. Hence not only will material wealth flourish, but intellectual wealth will develop. Defence/Military research & Heavy Industry: Education, in terms of research level, at university, will develop as the state initiates its policy of da'wah and removing all material obstacles in the path of the da'wah through Jihad. Heavy industry the cornerstone for any nation will be linked to the policy of Jihad & da'wah. In conclusion, as has been demonstrated, the spectre of colonialism manifests itself in a new guise a style far more discerning than the then archaic physical colonisation. After these nations had gained ownership of technology, the knowledge relating to industry, and production of goods and services, they imposed their laws to hoard this knowledge and prevent other nations from benefiting from them. The laws of protecting intellectual property are one of the styles of economic and cultural colonialism imposed by the capitalist superpowers on the states of the world and its peoples via the World Trade Organisation and only the Khilafah will bring the alternative system capable of challenging the Kufr. Shaban Ul-Haq

www.khilafah.com.pk

Government bolsters Indian hegemony in the region by seeking to fulfill her energy needs By signing an MOU on Friday 22nd, thereby committing itself to the construction of a gas pipeline from Iran to India, via Pakistan, the government is working to solve India's energy problems and strengthen India's military and industrial prowess at a time when India has amassed a huge army on the border and is currently contemplating increasing its defence budget by 35%. Islam prohibits providing assistance to those countries that have occupied Muslim land and that have declared an open war on Islam.

Ummah and her Islam. If they were sincere to Islam the least they could do is cut the supply of oil and gas to the enemies of the Ummah, which alone would be sufficient to bring them to their knees. The leadership within the Khilafah State will be sincere to Islam and will spare no effort in using the resources of the Ummah for the benefit of the Ummah and the deen. www.khilafah.com.pk 26th February 2002

Both the governments of Pakistan and Iran are undeterred by the enormous strategic advantage to be gained by India and are only interested in the commercial aspects of the venture. This was aptly summed up by Commerce Minister Abdul Razzaq Dawood, who described the project as bringing economic prosperity and peace to the region. Putting economic interests before the security of the Ummah seems to be the hallmark of all the regimes of the Muslim world. Indeed, the Pakistani government has justified supporting America's war on Afghanistan, the continuous presence of US troops on Pakistani soil and the fighting of extremism - all for $1 billion of con ditional aid. With such a mind-set how long before Musharraf tells the people of Pakistan that it is in the economic interest to disarm Pakistan's nuclear assets, give up the Kashmir cause or even become a part of India. Surely the price of such treachery will only benefit the enemies of the Ummah. By all accounts, the present leadership of the Muslim world is incapable of protecting the

Quotes US forces "serve as a deterrent to Saddam Hussein. But beyond that, as a symbol of American presence, influence, [we] need to have US forces in the region. General Powell - on US presence in the Gulf [21/01/02 - the Daily Telegraph]

"When the Afghan conflict is over we will not leave central Asia. We have long-term plans and interests in this region." Elizabeth Jones - US assistant secretary of state [12/02/02 The Guardian - America's imperial war]

"I have great concern about America's credibility and I care about how America is perceived...As your friends and as your allies, we are very proud of our relationship with you." Crown Prince Abdullah - on the US-Saudi Relationship [1/29/2002 Arabic news.com]

"Indeed the western world and its values, are still under deadly threat. That threat must be eliminated, and now is the time to act vigorously." George Bush - American President

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Khilafah Magazine March 2002

Please address your letters and questions to the Editorial Team, at the address given on page 4 of the magazine.

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Published by Al-Khilafah Publications


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