Zulfiqar Shah's: December 2019

Monday, December 30, 2019

IJTEHAD DECREE-- CONSULTATION ON ISLAMIC JURISPRUDENCE -- ON ZAKA'AT (BY SCHOLARS OF ISLAMIC JURISPRUDENCE AND OF ISLAM, REPRESENTATIVES OF VARIOUS ECONOMIC CLASSES INCLUDING THE POOR)

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An Ijetehad took in 2017 on Zaka'at -- one of the obligations in Islam; a prosperous Muslim cannot avoid that. On this matter, in 2018 and in 2019 was further deliberated as well. The Ijetehad was also joined by the experts of Islamic Jurisprudence from within ISI, the experts of Islam, the experts on poverty, the experts of mechanism of taxation in Pakistan, the experts on economy and representation of middle and elite class associated Pakistani Muslims including male and female. The discussion was also heard and at certain place was participated by the non-Muslim ISI officials. The Ijetehad was also joined by ISI officials as Muslims as well as human persons apart from / along with being ISI officials.

In the Ijetehad, following was reached that hereafter will be called decree (Fatwa) on Zaks'at through Ijetehad:

In contemporary industrial world and societies, in the perspective of growing urbanization with the realities of private-propertylessness, the corporate and market oriented consumables for the sustenance of a human life, in the reality of dearth of land, scarcity of fundamental natural resources for human beings, the Zaka'at that is traditionally measured by the Muslims of our times is based on centuries old weighing / value of one's total wealth. That weighing / wealth subtraction That weighing is of the era when people were having private shelters free-of-cost, health and education was neither institutionalized nor became corporate sector as not even developed like today. Therefore, Zaka'at today should be subtracted on these bases:

a. It should not be restricted to the wealth in the form of moveable and immoveable commodities. It should also encompass the monetary wealth in the form of Prize Bonds; Share Market Stokes; Banked Wealth, Gold and other similar as well as virtual means of the wealth -- hence all kinds of the wealth that exist in today's world as well as of tomorrow's.

b. Zaka'at deduction should also include the food, shelter (rentals where applies), healthcare, education, and other fundamental requirements of life as well as transportation required for that in accordance with the societies where Zaka'at has to be given by the Muslims.

i. An employed person's requirements according to his economic class should be minuses, and a part of an employed person salary / income after that should be considered payable as Zaka'at.

ii. Self-Employed, Business and Trade associated Muslims should pay Zaka'at in the realities of today's life expenditures as Zaka'at is for the poor and the deserving who are unable to attain shelter, food, clothing, health, education and associated necessities in the today's world. Everything that is wealth today has to be subtracted by the Muslims for the poor that deserve.

According to a verse of the Holy Qura'an, spend [for poor and deserving. Ed], whatsoever you have.

Those who joined the process of Ijetehad include Hanafya and Jeffery Maalki (orthodoxies) of Islam and were Ahal-e-Sunnah wa Jama'at; Fiqah-e-Jaffaria / Shiite; Dewband, Brailvi, Salafi (including Sufi Salafi - Sindhi / Sindh born Salafi); Ahl-e-Hadith; as well as Sindhi, Siraiki and Baloch Sufi Muslims, and the non-practicing ones. A few Hindu and Christians from Sindh and Punjab, Pakistan also shared their brief comments / views.

Consensus reached on above by the above mentioned participants during the October-November 2017, and further deliberated briefly again in 2018 as well as 2019.

The process opened and moderated by as well as along with the opinion and views by the undersigned and the consensus reached after other participant's opinions and views is hereby declared on Friday November 29, 2019, Kathmandu, Nepal.

Zulfiqar Ali Shah

Graduation and Masters in Philosophy - Philosophy, Philosophy of Religion, Philosophy of Islam, Logic and others:

2002 - University of Sindh, Jamshoro, Sindh, Pakistan

- M. Phil (Course-work only) Development Studies

2008 - Sindh Development Studies Centre, University of Sindh, Jamshoro, Sindh, Pakistan

Passed-out in Quran, Sunnah, and Hadith 1987-1995 subjects / exclusive:

1995: Government Collage Mehar, Sindh, Pakistan

1993 - Government High School Radhan, Sindh, Pakistan

1990-1993 Madersahs of Ahl-e-Sunnah wa Jama'at and Ahl-e-Tashia, Radhan, Sindh Pakistan

1985 - Government Primary School Radhan, Sindh, Pakistan

Profession: UN Volunteer: Member with a UN Geneva accredited forum on International Covenant on Civil and Political Rights; Sindh Scout; Human Rights activist Sindh & Balochistan, author analyst and journalist . UNHCR Kathmandu recognized refugee (Refugee file no. 706-12C00046)

Current Address / Temporary: Ground Floor, Green Builders, Ward N. 6, Dharamsthali, Kathmandu, Nepal

Mobile number in Nepal: 9818811137 (remains off sometimes due to certain reasons). Email (not in use these days): shahzulf@yahoo.com. Website: www.zulfiqarshah.com facebook: www.facebook.com/shahzulf Twitter: @shahzulf

DISCUSSIONS ANDENGAGEMENT ON CERTAIN ASPECTS OF ISLAMIC JURISPRUDENCE (SHARIA) AROUNDMEDIATION AND NEGOTIATIONS WITH HIZBUL AHRAR AND TALIBAN MENTORING OFFICERS INISI AS WELL AS WITH OTHER ISI OFFICIALS

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Besides being the investigator on global terrorism, I also engaged, mediated, and negotiated with ISI's AL-Section officials consisting over fifty officials both senior as well as junior including key decision makers during the end 2016 - early 2019 while neuro-technology microchip was in my body however un-consented the technology was used on me (as well as on my wife).

During 2017-2019 I engagement with ISI officials on the Islamic Jurisprudence (Shariat-e-Islami) with reference to the various ISI related processes that also included mediation as well as negotiations. In this process, at least around ten ISI's senior officials also joined as religious / Islamic jurisprudence experts, and other over two dozen also joined the engagements. The exclusive discussions, negotiations and mediation held with Mufti from ISI's AL-Section as well as other senior officials from the same section of ISI between September 2017 to April 2018. In the process, over fifty ISI officials from AL Section and almost a large number of other ISI officials available in the process excepting a few, may be around two-hundred officials, agreed equally on major aspects of Islamic Jurisprudence; however some from AL section and may be a few others had disagreement on a few aspects of the Shariah.

Here are the exclusive aspects of Islamic Jurisprudence agreed by the majority:

I. Qasas and De'yet is the Islamic path to avert death through capital punishment by the judiciary.

II. Consented intercourse is a kind of marriage in Islam with required procedures within the Hanafya, Maalki, Hambali, and Shafa'ee orthodoxies of Islam as well as the simple consent wheresoever's practiced and whosoever practices.

III. Suicide bombing, in the line with the 2017/18 Fatwa (religious / theological verdict) by the jury of Pakistan scholars of Islam / Qazis (experts on the Islamic jurisprudence) was agreed although the certain aspects of fight until death were disagreed by the ISI's AL section certain senior officials.

IV. Jihad (armed struggle here) can only be carried for the oppressed people exclusively for children, women, and men as well in accordance with the Quranic verses particularly in the Book of Woman (Al-Nisa), Book II, Holy Qura'n. Besides, some ISI officials of Al-Section refused to take part in the discussion on the Islamic Jurisprudence on Jihad due to separate reasons including the pressure from their leading colleagues.

V. No verse of God is there in the Holy Quran regarding Lesbianism therefore Islam is silent on it, and so far Gayism concerned it is neither forbidden (Haraam) nor God has suggested for that. Albeit, the mentioning of Ghilmans -- the male partners as the gift by the God in the Paradise after the Day of Judgment is promised in the Holy Qur'an. Therefore, in the absence of any commandment by the God for forbidden status of Gayism, Ijetehad (consultation by the Jury of scholars of Islam) with the participation of the representation of society's various segments as well as of Gays needs to be undertaken. In any way, God is the only authority for someone's personal deeds. Besides, one has right to his Will.

VII. Liquor is not forbidden in Islam. Muslims were ordered by God to not go for prayers in the state of intoxication. This order was revealed to the Holy Prophet Mohammad Peace Be Upon Him [PBUH] after ten years of the declaration of Prophethood by His Holiness. Besides, the whine, according to the New Testament, was offered by the Prophet Jesus Christ Allah Salam (A.S) to his companions before the detention by Roman soldiers. Meanwhile, according to the Old Testament Prophet Solomon (A.S.) also used to take wine. In the, Holy Qura'an God has offered Pure Wine in the Paradise for those who are on righteous path.

VIII. Out of Five Tenants of Islam for Muslim as persons, the last one -- Hajj (Pilgrimage at Holy Qaba in Mecca) could not take place once during the life time of the Holy Prophet in a bid to avoid bloodshed during the war of Hudaibiya. In the light of this, it was agreed by the majority of the participants in the discussion on this point that for averting the bloodshed, the Tenants of Islam by the Muslim(s) [excepting believing in the oneness of God and his last Prophet Mohammad PBUH] can be withdrawn for the certain period (by the practicing Muslims).

IX. In the light of a verse of Holy Qora'n in the Book of Woman (Al-Nisa), Book II, Kafir is the one who beyond the being believer or not, is against humanity and humanism. ENDS