Friday Bulletin 722 | Tawhid | Islam

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BIG WIN FOR NEP COUNTIES AS COURT STOPS USE OF REVISED CENSUS DATA.
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   Jamadal Ul-Thaany 04,1438/March 03, 2017 This Newsletter contains some of Allah’s names. Please do not throw in the trash. Either keep, circulate or shred  www.jamiamasjidkenya.org Friday   Bulletin The Weekly Muslim News Update The Issue No. 722 Continued To Page 7 Big win for NEP counties as court stops use of revised census data Record number of Muslims gun for Nairobi seats T he three Northeastern counties of Mandera, Wajir and Garissa have successfully won the census case against the government after the court dis-missed application to use the revised 2009 census gures for revenue allocation. The High Court in Nairobi on Monday or-dered the Commission on Revenue Allo-cation (CRA) and Kenya National Bureau of Statistics (KNBS) not to use the revised gures from the three counties in allocat - ing revenue to the counties in the nancial year 2017/18. The Commission on Revenue Allocation, Kenya National Bureau of Statistics and the Attorney General were sued by the county governors after the state agencies opted to use the revised gures a move opposed by region leaders because it would cost them over three billion shillings in revenue. In his ruling Justice John Mativo noted that the actions by CRA and KNBS to reduce the population of the three counties in order to reduce their revenue share violated the var-ious provisions of the constitution and the rights of the residents of northern Kenyan. “The decision to use altered gures for the purposes of revenue allocation is unjusti -able, unfair and breach of the various provi- sions of the constitution,” ruled the Judge. “A declaration be and is hereby issued and the rights of the residents of Mandera, Wa- jir and Garissa counties under Article 27 to equal protection and equal protection of the law under the constitution have been infringed and threaten with violation by the respondents,” he added. Judge Mativo also ordered the state agen-cies against circulating the adjusted cen- sus gures other than the published 2009 Housing and Planning census results for the three counties to any other govern-ment organ for the purpose of revenue al- location. In the disputed results, the population of Mandera county was reduced to 618,966 from 1,025,756 people, Wajir 399,423 from 661, 941 and Garissa 375,968 down from 623, 060 people.In the case led in 2016 by lawyer Issa Mansur, governors Ali Roba (Mandera),  Ahmed Ab-dullahi (Wajir) and Nathif Jama (Garissa) argued that by underestimating their population count, the government was reducing their devolution share there- fore curtailing the region’s progress.  A record number of Muslim aspirants have  joined the crowded race for the electoral seats in Nairobi county, the country’s most important administrative region.  At present, Nairobi has two Muslims in Parliament, Kamukunji MP Yusuf Has-san and Embakasi South legislator Irshad Sumra. Both have expressed their inten -tion to defend their seats in the August 8 elections.  As the clock ticks towards the elections, several Muslim candidates have emerged to express their interest to represent the people of Nairobi. Contenders are look -ing at being nominated by the ruling Jubilee party, the main opposition coalition National Super Alliance (NASA) and other smaller parties. In the Senate, Badi Ali has come out to lay claim on the seat which is currently being held by Mike Mbuvi Sonko who has shifted focus on the Nairobi gubernatorial seat cur- rently in the hands of Evans Kidero. The aspiring Senator is seeking nomination on the Jubilee ticket. For the National Assembly, Ibrahim Yusuf The business community in Eastleigh has protested against the return of hawkers following a court order that allowed the hawkers back on the streets. Last week the street vendors were given temporary stay by the court pending the hearing and determination of the case. The business owners however, faulted the return of the hawkers and in protest re-solved to close down businesses until the hawkers are driven out of the streets along Eastleigh businesses protest return of hawkers Continued To Page 7The chairman of East-leigh Business District Association Ibrahim Hussein (second right) addresses the media at Nomad Palace hotel in Eastleigh on Wednes-day. He is anked by mem -bers of the assocaition from (right to left) Omar Hussein, the assocai-tion's secretary general, Ahmed Sheikh Abdul -lahi executive member and the director Abdul-lahi Muhammad 'Amco'.  The Friday Bulletin  Jamadal Ul-Thaany 04,1438/March 03, 2017 Page 2 CIPK national vice chairman passes on The Council of Imams and Preachers of Kenya (CIPK) national vice chairman Sheikh Hassan Suleiman passed away on Sunday February 26 at his Guraya home in Mombasa. Sheikh Suleiman aged 70 who was an Imam at Tau-ba Mosque in Kisauni and was buried on the same day at the Kikowani cemetery. President Uhuru Kenyatta eulogized Sheikh Has- san as a reasonable, just, sober and seless leader who was frequently called upon to mediate and re- solves disputes between individuals and groups. “On behalf of my family and all Kenyans, I extend sincere and heartfelt condolences to his family, the Muslim Community and the people of Mombasa as they mourn Sheikh Hassan,” the head of state said in his condolence message to the bereaved family, relatives and friends. In his message of condolence, national chairman Council of Imams and Preachers of Kenya (CIPK), Sheikh Abdalla Ateka described Sheikh Suleiman as a humble person who served the Muslim com-munity with utmost dedications and honesty and shunned violence. “In all his undertakings, he was committed to the course of peace and to the ideal of unity, among all people, irrespective of religious or ethnic back- ground,” said Ateka. Supreme Council of Kenya Muslims (SUPKEM) deputy secretary general Hassan Ole Naado de-scribed the late Sheikh Suleiman as mediator and Parents told to enroll children in Muslim schools to enforce values peace maker who sacriced his life and time to ensure that peace pre-vailed in the Muslim community and the country at large. “The late Sheikh Suleiman was peace maker and played an inuential role in his passion to ensure Muslims and Kenyans live peacefully and in mutual understanding,” Ole Naado said.  At the same time the famous Kiswahili scholar, author and poet Prof. Ahmed Sheikh Nabhany passed away on Thursday February 23 at his home in Matondoni Lamu County. Nabhany aged 90 succumbed to stroke related complications and he was buried on the same day at Maton- doni Muslim cemetery.  Among his major contribution to the Kiswahili language is the collection and recording of Swahili and Arabic Manuscripts for University of Dar-es- Salaam. He also worked with Prof Dammann of Hamburg University,Germany in translating Swahili Arabic Manuscripts to Roman scripts among many other works.May Almighty Allah in His innite mer  -cy grant them forgiveness and secure them a place in the everlasting abode of Jannah Ameen. Muslim parents have been urged to enroll their children in integrated Islamic schools to enforce values for better growth and de- velopment. Speaking on Saturday last week at a Prize giving ceremony at Nairobi Muslim Acad-emy in South C, Saadia Abdi Kontoma, a commissioner with the Teachers Service Commission (TSC) said parents should strive to ensure that their children receive holistic education covering religious and contemporary studies stating that this will produce young people who will make a positive contribution to the society. She further called on parents to be at the forefront in matters related to the upbring-ing of their children to nurture them to be morally upright and productive members of the society. The commissioner observed that Islamic integrated schools have contributed to the improvement of the spiritual well-being and improvement in academic performance where Muslim students post good results in national examination. “I wish to seize this opportunity to appreci-ate the work done by the management of Nairobi Muslim academy in promoting ed-ucation welfare in the Muslim community through the integrated system of education which provides opportunity for students to be molded to be God fearing and produc- tive members of the society,” Saadia said. Saadia who was the chief guest advised Muslim students to adhere to Islamic prin- ciples and work extra hard in their studies in order to achieve excellent results. The TSC commissioner noted that educa-tion is a lifelong investment that parents can bequeath their children for a brighter future and stressed the need for efcient cooperation between parents and teachers to ensure pupils and students were receiv- ing all the necessary support needed to ex - cel academically. She further stated that the support from Muslims and its leadership is a critical el-ement in driving the growth and improve-ment of education standards in the Muslim community and emphasized on the need for Muslim leaders to use their inuence and positions in encouraging Muslim par-ents to enroll their children in Muslim spon- sored schools. In his address the school manager Sheikh Muhammad Osman Warfa pledged that Nairobi Muslim Academy will continue with its strides in providing quality education to the Muslim community particularly girls in order for them to play important role in the society and the nation at large. “We want to produce responsible girls that will play important roles in the community to promote social economic development. We will continue supporting girls' education at all cost to ensure they are not left behind in development matters,'' he said. Nyeri Muslim association reborn to steer dev’t Steps have been taken to revive the Nyeri Muslim Mosque Association to steer social development matters in the community. The decision to revive the association which for more than 30 years has re-mained dormant was reached during a consultative meeting on Sunday at Nyeri Jamia Mosque. The meeting brought together various stakeholders deliberating on action plans to improve on the welfare of Muslims in the county.  Among its task, the association has been mandated to recover and adminster waqf (endowment) properties for the benet of Muslims. The waqf properties include two cemeter- ies and the land for Majengo mosque. A new committee of ofce bearers which comprises of Abubakar Athman Khamis, the chairman, Umar Mwangi who will serve as the Secretary while Ustadh Fa-him Muhammad the treasurer was elected to steer the association to further heights. The association is also charged with initi-ating Income generating activities to eco-nomically empower members of the Mus- lim community. It will also work with the government in the efforts of seeing to it that Muslim residents particularly those from Majengo area are Continued To Page 6 The late Sheikh Hassan Suleiman (Left) and the late prof. Ahmed Nabhany  The Friday Bulletin Page 3 DA'WAH Important Lessons for the Muslim Ummah The rst lesson – Memorise the small chapters of the qur’an . Memorizing the opening surah (chapter) of the Qur’an, al-Fatihah (the Opening) and some short passages and chapters from No. 99 (az-Zalzalah) to 114 (an-Nas). Every Muslim must make an effort to memorize, recite and understand passages and/or chapters from the Noble Qur’an. The Second Lesson – The conditions of the Shahadah (Declaration of faith) Knowing the meaning and the conditions of the declaration of ash-shahadatan (the two declarations) that, “There is no true God except Allah, and that Muhammad, sallal -lahu ‘alayhi wa sallam, is the Messenger of Allah”. The phrase that “there is no true God” ne-gates anything or anyone that is being wor-shipped other than Allah, and the phrase, “except Allah”, conrms that all forms of worship, submission and adoration must be for Allah Alone, without setting up rivals with Him. The conditions needed to fulll the meaning of ash-shahadatan are: 1. Knowledge about what it means;2. Certainty about its meaning which dis - pels doubts and suspicions;3. Sincerity that puries its declarer from any form of shirk (association);4. Honesty which negates hypocrisy;5. Love and attachment to the declaration of ash-shahadatan, which leads to dispel uneasiness, dislike, or hate to what it im- plies;6. Adherence – conducting what Allah has decreed regarding His worship;7. Accepting to obey Allah by this declara - tion; and8. Dissociating from anything or anyone being worshipped other than Allah.The Third Lesson – The Six Fundamentals of Faith The six fundamental articles of faith are: 1. Believing in Allah (His Oneness);2. His Angels;3. All of His Prophets and Messengers;4. All of His Scriptures (in their srcinal and unaltered forms);5. In the Last Day (of Judgment); and6. Fate and Divine Decree (whether good or bad), which Allah Has measured and ordained according to His previous Knowl-edge and as deemed suitable by His Wis- dom. The fourth lesson – What is Tawhid and Shirk? Tawhid (Faith in the Unity of Allah) is di-vided into three articles: 1. Believing in the Oneness of Allah in the sense of His being the only Creator, Pre- server, Nourisher, etc. This belief is called Tawhidar-rububiyah;2. Acknowledging that Allah Alone is the One and Only true God who deserves to be worshipped and thus abstaining from worshipping any other being or thing. This Imam Ibn Baz  Jamadal Ul-Thaany 04,1438/March 03, 2017 belief is called Tawhid al-Uluhiyah; and3. Having faith and belief in the Oneness of Allah’s Names and Attributes. This be - lief is called Tawhid al-Asma was-sifat.  As for shirk (associating anything or any-one in worship with Allah), it is divided into three types: 1. Major shirk (ash-shirk al-akbar) which  Allah does not forgive. Allah says regard -ing shirk: “But if they had joined in wor-ship others with Allah, all that they used to do would have been of no benet to them.” [Al-Qur’an 6: 88] “It is not for the mushrikin (polytheists) to maintain the Mosques of Allah (i.e. to pray and wor  -ship Allah therein, to looking after their cleanness and their building, etc.), while they witness against their ownselves of disbelief. The works of such bear no fruit, and in re shall they dwell.” [Al-Qur’an 9:17] The one who associate others with Allah and dies on this shirk will not be forgiven and Jannah (Paradise) is forbidden to him, as Allah, the Almighty and Honored, says: “Verily, Allah forgives not that part-ners should be set up with Him in wor-ship, but He forgives anything else, to whom He pleases; and whoever sets up partners with Allah in worship, he has indeed invented a tremendous sin.” [Al-Qur’an4:48] “Verily, whosoever sets up partners in worship with Allah, then Allah has forbidden the Jannah for him.” [Al-Qur’an 5:72] Asking the dead or idols for help, slaughtering for them and making vows for them are examples of this shirk. 2. Minor shirk  (ash-shirk al-asghar) which is stated in the Qur’an or in the Prophet’s tradition but is not the same as major shirk. Riya (showing off) and swearing by other than Allah are exam - ples of this kind of shirk. Prophet Muham -mad, sallallahu ‘alayhi wa sallam, said: “Of which I fear for you the most is minor shirk.” When he was asked what it was, he said, “Riya.” He, sallallahu ‘alayhi wa sallam, also said, “He who swears by anything other than Allah commits minor shirk.” The Prophet, sallallahu ‘alayhi wa sallam, also warned, “Do not say, ‘Had Allah and such and such (person) willed’, but say, ‘Had Allah then such and such (person) willed.’”. This kind of shirk does not nec -essarily lead to disbelief from Islam or an eternal stay in Hell. It negates, however, the completeness of faith. 3. Hidden shirk.  Prophet Muhammad, sallallahu ‘alayhi wa sallam, explained, “Shall I not tell you of which I fear for you more than I fear of the Antichrist?” They said, “Yes, O Messenger of Allah”, and he said, “Hidden shirk, where one beauties his way of praying only because another one is looking at him.”  Alternatively, shirk could be divided into two kinds – major and minor. In this case, the hidden shirk encompasses both the major and minor kinds depending upon the act committed. It is major if it is the same as the shirk of the hypocrites who hide their false beliefs while showing off Islam out of fear. It is minor if it is the same as riya. The fth lesson – The ve pillars of Islam The ve pillars of Islam are ash-shahadatan (bearing witness that there is none worthy of being worshipped except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His Messenger), establishing prayers, pay-ing the alms (zakah), fasting the month of Ramadhan, and performing pilgrimage (Hajj) if one can afford it. The sixth lesson – The nine conditions of prayer  The nine conditions of prayers are Islam, sanity, maturity, performing the ablution (wudhu), cleanliness from impurities (on the body, clothes, and place of prayer), dressing properly, having the intention of prayers, fac-ing the right direction of Qiblah (direction of the Ka’bah at Makkah), and the praying at the proper time. The seventh lesson – The Pillars of Prayer  The fourteen Pillars (arkan) of prayers are standing (if one is able), saying Allahu Akbar (Allah is the Greatest), reading the opening surah of the Qur’an (al-Fatihah), lowering the head and back down at the right angle (ruku’), resuming the initial standing position, prostrating with the toes of both feet, both knees, both hands and the forehead touch-ing the ground (sujud), rising in a sitting posi-tion, a short rest in a sitting posture between the two prostrations, tranquility in all actions, performing the basic elements of prayer in order, the last tashahud (the second part), sitting for the last tashahud, exalting the Prophet Muhammad, sallallahu ‘alayhi wa sallam, and turning the face to the right side and to the left one saying as-salamu ‘alay-kum wa Rahmatullah (peace and mercy of  Allah be upon you) one time on each side. (Is the second salam a pillar?)(Note: Salah is invalid if any of the above is missing.) The eighth lesson – The Obligatory acts of prayer  The eight obligatory acts of the prayer are all the occasions of saying Allahu Akbar other than takbirat al-ihram (which is pillar); saying samia Llahu liman hamidah (Allah accepts any who are thankful to Him) by the Imam as well as the one who is praying alone, and saying rabbana walaka al-hamd (Our Lord, praise be to You) for both the Imam and the individual; saying subhana rabbi al-adhim (Glory to my Lord, the Most Great) in ruku; saying subhana rabbi al-a’la (Glory to my Lord, the Most High) in sujud; saying rabigh - rli (Oh my Lord, grant forgiveness to me) between the two prostrations; the rst part (at-tashahud al-awwal); and sitting for it. (Note: if any of the above is missing, the Muslim needs to make sujud al-sahw). The ninth lesson – The contents of at- tashahud Knowing the contents of at-tashahud: Continued To Page 5  The Friday Bulletin Page 4  Jamadal Ul-Thaany 04,1438/March 03, 2017 Unilateral divorces provide dilemmas for divorced women. Despite the rise in non- patriarchal interpretations of Islamic law to suit egalitarian notions of gender justice espoused in the Quran and Hadith, many women today still nd themselves in vul -nerable situations upon pronouncement of divorce by the husband. They are kicked out of the matrimonial homes, denied their deferred mahr, and are left to fend for themselves. In Kenya, the situation is worse, especially with an increased number of Muslim women seek-ing divorce in the Kadhis Courts, a divorce they are denied by their husbands despite suffering cruelty, neglect and desertion. It is an acknowledged fact that many di-vorces amongst Muslim families in Kenya occur unilaterally, that’s to say that the hus-band divorces his wife verbally or by a writ-ten letter, attested to by the parties and wit- nessed. Many women also do not exercise a buy-out, or khul’ in case they no longer want to live with the husband as provided for by Islamic Law. A large number, how -ever seek dissolution of their marriages by  judicial decree from the Kadhis Courts or any other court of competent jurisdiction. Upon divorce or dissolution of marriage, the wife in the Islamic legal tradition is en-titled to a conglomeration of rights: right to the deferred mahr; right to her own prop - erty as specically pleaded; right to award of custody and guardianship of some or all children; and a right to a good send- off package, otherwise known as mataa’, mut’atul mutallaqah or consolatory gift for a divorced woman. The latter is the subject of our discussion.  A key issue with most of contemporary divorces among Muslims in Kenya is that the spouses do not know the specic le -gal rules governing the pronouncement of divorce. There are two types of divorce: revocable and irrevocable. In a revocable divorce, the husband can still go back to the marriage bond within the eddah peri- od. In an irrevocable divorce, the husband cannot return to that marriage until the divorcee has gone through another valid marriage, and after some time got validly divorced from the second marriage. It most surely happens in our Kenyan so-ciety that once a husband pronounces a revocable divorce, the wife packs her belongings and ees. By eeing, she is deemed to have relinquished her right to maintenance during the eddah period, un- less she proves to the court that her ight was caused by undue pressure from the husband or his family.  At many other times, it is the husband who throws her away, and sometimes with the children. This is in clear contravention of the textual evidence in Quran 65:1 which prohibits women from leaving the mat-rimonial home upon divorce and at the same time barring husbands from turning wives out of the matrimonial homes. Fur  - Enforcement of consolatory gift, mataa’ upon divorce in our Kadhis Courts thermore Qur’an 65:6 says: “ Lodge them( the divorced women) where you dwell, ac-cording to your means, and do not harm them so as to straighten them(that they be obliged to leave your house).” Upon the pronouncement of a revocable divorce, the husband is by law obligated to maintain his divorced wife as she observes her eddah in the matrimonial home. De -pending on the severity of their differenc-es, the two can make arrangements as to the lodging of the divorcee. Nevertheless, the responsibility of providing her main-tenance, irrespective of the locality, shall never be derogated from.  A major question that pre-occupied the scholars of Islamic law in pre-modern era is whether the wife who is a subject of an irrevocable divorce is entitled to housing and maintenance. Imam Al-Shawkani cites difference of opinion of scholars on this subject in his exegetical treatise Fat-hul Qadir. He notes that the Maliki and Sha’i madhhab award her the housing and not maintenance. The Hana position is that she is entitled to both housing and maintenance. Imam Ah -mad, Ishaq and Abu Thawr deny her both the housing and maintenance, and this ac-cording to Al-Shawkani is the preponderant rule. The husband is nevertheless obligated under Islamic law to provide housing and maintenance to the wife after an irrevoca- ble divorce where she is pregnant. A preg -nant divorcee is entitled to a place she can lodge alongside her usual maintenance until she gives birth. It is reported in the ha -dith of Fatima bint Qays that when she was divorced a third time, the Prophet informed her that she was not entitled to any mainte- nance unless she was pregnant. This rule is well established in Quran 65:6 and I quote: “ …and if they are pregnant, then spend on them till they lay down their burden. Then if they give suck to the chil -dren then give them their due payment and let each of you accept the advice of each other in a just way…” It is however not clear whether after giving birth, her maintenance can be subsumed within the father’s responsibility of maintaining the child. And if so, to what duration or to what extent of her needs is the maintenance. There are many divorced Muslim women in Kenya today. A large number of Mus -lim widows struggle to raise their children, some of them after being denied their right-ful inheritance owing to patriarchal cultures inherent in our African Muslim communi- ties.  After a divorce, few women remarry. The bulk are left to their own means. With the imbalance in marital relations, the only re-sort upon divorce, apart from the deferred mahr would be for them to demand for con-solatory gift as provided for in, among other verses Quran 2: 241 which says “And for WOMEN Tito Kunyuk divorced women, a provision (should be given) on reasonable (scale). This is a duty on the pious.” The scholars have differed on whether it is obligatory on the husband, according to the above verse to give a sendoff package or consolatory gift to the wife after an irrevo- cable divorce. The Hana school says it is obligatory, regardless of whether mahr was paid or not. The strong opinion in the Maliki school says it is recommended. In the Sha’i school, it is obligatory except in the instances of a divorce before consummation of marriage where mahr had been identied with par  - ticularity. The Hanbali school makes it obligatory ir-respective of whether mahr was particular- ized during marriage or not. The gist of this is that consolatory gift is obligatory upon the divorcing husband in an irrevocable divorce as a one-off package, and not as regular maintenance and each husband pays according to his means. This being the case, it is urged that women who are aggrieved by the manner in which they were unilaterally divorced, and whose suffering is as a result of such divorces, should without malice aforethought seek the enforcement of this provision in the Ka- dhis Courts of the republic of Kenya. This consolatory gift may assist them dur-ing the transitional period before another guardian assumes responsibility for her, nds another husband or any other assis - tance from a reputable entity. The writer is the Kadhi of Turkana Coun - ty, now based at Kakuma Law Courts. Interview for Admission to Internaonal University of Africa Khatoum-Sudan Registraon and interview- from 6th to 15 th March 2017 TIME: 10:30 AM-4:00PM VENUE: (i) MDI oces South C (Nairobi)(ii) Sheikh Khalifa Sec School (Mombasa)(iii) Mer Shopping mall (Isiolo)(iv) Al Iisam/Al Fathi Islamic centre (Wajir)(v) Magharib Muslim women community hall (Kakamega)(vi) Darul Elmi Academy (Nakuru)For more informaon please contact Siyad O. Abdi:0722164620/0780064620 Sudan Scholarship Interview 2017/2018 Jamia is very please once again to announce the commencement of the Evening Reverts’ Crash Programme Classes.Timings: 5.00 – Maghrib Prayer.Venue: Jamia’s Multi-Purpose HallDays of Studies: Monday, Wednesday and FridayThe classes are FREE for all Muslims. REVERTS COURSE
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