Hijrah Remaja Di Astro Ria: Where is the destination of their Hijrah?

Saturday, October 21, 2006

The holy Prophet once said "Allah will not take away his knowledge directly from mankind, but He will make it by the death of Ulama. Until there is no alim. Then people will choose ignorant leaders among themselves, and when he is asked, he answer without any knowledge (on the matter) and He is astray and causes people to go astray"

I watched Hijrah Remaja on Astro Ria, a discussion was made on Solat Tarawih : 8 or 20? Among the panelists, whom I know one of them, my former classmate in Qawaid Fiqhiyyah class by Prof Razali Nawawi.

The discussion went to scrutinizing the legality of 20 rakaat of Solat Tarawih. The issue here is whether the panelists are the right person to discuss this. Except for the one they call ustaz, I beg to differ from the assumption that others are qualified. They cited mafhum of various hadiths, stating that the Prophet only perfomed 8 rakaat of Tarawih. That is acceptable. But another guy, played the role which seems to belong to the Muktazilah, by saying "We look this matter from logical side, after 8 rakaat we will no longer able to listen carefully the verses cited by the imam." Now logic plays its role in determining matters of ta'abbudiyyah.

First of all, Im not to deny the legality of the hadith. I accept it by it is and it binds me. However, when discussing a hukm, we ought to refer to 4 main sources, Al-Quran, As-Sunnah, Ijmak and Qiyas. The 20 rakaat of prayer was initiated by Umar Al-Khattab R.A, and it was not reported that any of sahabat r.a opposed it. It then became IJMAK, as it was agreed to by all muslim at that very time. Furthermore, the ijmak of Sahabah can be considered as the best Ijmak, as they lived and were nurtured under the hand of the Holy Prophet himself. Besides that, no hadith prohibits such practice. This is the legacy of Sahabah, and was affirmed by thousands of Ulama, rahimahumullah.

After all, look back to ourselves. The ability is not given, but earned. I once saw an increadible kid name ASLAM, who amazed me that he can stand for 20 rakaat tarawih, where every rakaat consists of one page from the holy Quran. Even this kid could do it. We are used to the easy, but dare not to go with the hard. Allah mentioned in the holy Quran "And seek help with patience and Solat, and indeed that (solat) is hard except to those who khusyuk."(al-Baqarah)

Hijrah remaja for me is good, as long as it does not discuss topics which do not suit their age, such as the legality of 20 rakaat of tarawih, divorce and other nonsense thing. A lot more can be discussed, such as how to pass exam with flying colors or how to kick mat rempits asses.

What I call "Salafi"

Wednesday, October 18, 2006

They called themselves Salafi. They practiced what they find that in compliant with the practice of the Prophet and if it is otherwise, they called it bidah and keep themselves away.

This is for sure good, to do what they feel in line with the tradition of the Prophet and to abstain from what is not. The Prophet said “And every new invention is bidah, and every bidah is astray and every astray is in the hellfire”. This very verse is the core of their belief, to abstain themselves from what is new in religion.

Bidah is not a hukum. There are five hukum, consist of wajib, mandub (sunat), mubah (permissible), makruh (abominable) and haram. Some added Sah and Batil to make it seven in number.

Bidah is defined as new thing. Every new thing must be measured, whether it is inline with shariah or against the shariah. An-Nawawi classified bidah into Bidah Hasanah (good bidah) and Bidah Qabihah (bad bidah). Every new thing which is incompliance with shariah is bidah hasanah, whereas if it is against the spirit and the principles of shariah, then it is bidah qabihah.

What are examples of bidah hasanah? As-Syafie as an example opined that to utter the niat before takbir is sunat, and this was never been practiced by the Prophet. Other examples are, to recite talqin to the dead, to learn and explain the attributes of Allah, to compile the Quran, to do zikir after prayer in jamaah etc.

The notion that Bidah is classified into bidah hasanah and bidah qabihah is supported by numbers of ulama, even thousands of them. The most outstanding are An-Nawawi, Syeikh Izzuddin Abd Salam, Ibn Qudamah and the writer of kitab Fathul Bari Ibn Hajar Al-Asqalani. These are undisputed outstanding jurists of all time.

Salafi on the other hand, regards all bidah as the same, whether it is good or not, based on the abovementioned hadith. It’s their right to have such view and their view is much respected by others. However, the tolerance goes one way, as they attack and curse those who do not share the same view as them. They call people who utter the niat when praying as doing bidah, they curse Syafie for some of his views. They go and divide people, as can be seen in Malaysia nowadays. I have legal authorities from Quran and sunnah which support the legality of those things which are called bidah by Salafi, but to state it here consumes lots of time and will be an opening for a further attack by Salafi.

In Islam, we are allowed to differ and we should respect other who do not share the same idea as us, as long as the differences have its root in Shariah. I recalled the act of As-Syafie who adored his very teacher, Imam Malik, when he went to Egypt and found that people there are fanatic with Malik. As-Syafie adored Imam Malik very much, as he used to say “I use this Muwatta of Imam Malik as hujjah between me and my Lord”. However, when he found people were doing things which should not be done in praising Malik, he then wrote a book “Critics to Malik”, to indicate that Imam Malik is not perfect as the people think he is.

In another situation, When As-Syafie traveled to Kufah, the place of Abu Hanifah, the founding father of Hanafi School of thought, he prayed Subuh and he omitted the recitation of Qunut, which he found that to be mandub (sunat). The people there asked him “Sir, why didn’t u recite Qunut?”. He then replied “I dare not to differ while Im beside Abu Hanifah” , and at that very time , Abu Hanifah was not even alive, as he died on the date of the birth of Syafie. These stories connote the importance of respecting other opinions.

Salafi is lack of that spirit, the spirit of tolerance in facing differences. They keep cursing others and discredit the honorable jurists who were having different opinion than what they believe.

A Little Boy Named "Aslam"

Saturday, October 14, 2006

On the night of Friday 13th of October, I was late for isya` prayer at the masjid. Missing a rakaat and on my way to the saf, I could see children, some are praying and some are playing and I spotted a boy in brown jubah, aged around five to six years old, performing the former. After eight rakaat, as usual, I departed from the jamaah and did my witir. Then I proceed to recite the Holy Book, with a hope that I manage to finish it in the very month of Ramadhan.

My attention then was directed to the boy in brown jubah, who I saw when I was to join the congregation of Isya` prayer. Unlike other kids (and me), he was the only one of his kind who stayed behind performing the remaining terawih. It surprised me that this boy performed his prayer well, flawless, without any sign of dreary or depress in his face, as if he understood the verses recited by the imam. I didn’t see anyone instructed him to pray. He did it just by himself.

I must note here that at the Masjid of UIA, a full page will be recited in a rakaat, and this kid bared it without any sign of boredom. He was the only kid there in his saf. After salam, before going into another two rakaat, he moved around a little, then get back to his saf and did his prayer as he did aforementioned, until the very last rakaat of witir. In a rakaat, when the imam prostrated for Sujud Tilawah, some makmum did confuse but not this little guy. He did it as if it was not strange to him, to prostrate without bowing for rukuk first.

After finishing a juz of the Holy Book, I remained in the masjid, instead of going back. I had tons of reasons to get back to my room, but I decided to be there in His house. And that just because I wanted to see this little kid who managed to fascinate and amaze me.

I saw Dr Said Bohraoua and later I saw the boy walking with some old fella, his father i assumed and the old guy headed to Dr Said, shook their hand and hugged each other. They then proceed to the exit of Masjid, which situated besides me. Dr Said greeted me and said to the old guy in arabic,"I teach this barakah ulama usul-fiqh". Then I shook his hand.

What came to my mind when I saw this little guy, was the holy verse, Al-Furqan : 74 which reads [And those who pray, "Our Lord! Grant unto us wives and offspring who will be the comfort of our eyes, and give us (the grace) to lead the righteous."]. Indeed, deep in my conscious I felt that this boy matched with the criterion, "comfort of our eyes". I soothed my eyes to have him in my sight, on that very night of Ramadhan. I wish someday I will have someone like him to be my son. Amin 

Back to the story, after shaking hand with Dr Said, I then shook hand with the boy’s father. I later forwarded my hand to the boy to shake his hand. He shook my hand and I asked him, “Siapa nama?” and I will never forget his reply, “Aslam”.

Without Fear and Favor

Wednesday, September 6, 2006

In a recent case of Datuk V. Kanagalingam v Euromoney Publications PLC & Anor,the learned High Court judge observed that the Federal Court that heard the appeal of Ayer Molek was unlawfully constituted. The panel consisted of the Chief Justice, Tun Eusoff Chin, Datuk Zakaria Yatim, a Court of Appeal Judge and a High Court judge, Datuk Pajan Singh Gill.

His lordship in his remark observed that the panel was unconstitutional, as Section 74 of Courts of Judicature Act 1964 requires that a Federal Court shall consist of 3 legally competent judges, whereas Article 122(2) of the Federal Constitution provides that only Court of Appeal judges may be nominated to sit as Federal Court judge. In short, Datuk Pajan Singh Gill was not qualified to be there at that very time.

The interesting part in the Ayer Molek case is that The Court Of Appeal whacked the counsel, Datuk VK Lingam for his act which is considered to be an abuse of court process and the court observed that the counsel was picking the judge that he want, as the case should had commenced at the Commercial Division of the High Court at Kuala Lumpur, instead of the Appellate and Special Powers Division.The concerned High Court judge then was Datuk Azmel Maamor (at present is a Federal Court judge). The Court of Appeal in a very careful words made a remark that it is incumbent for the trial judge to transfer the case to the right division upon perusal of the pleadings, or in an alternative verse, Datuk Azmel should have transfer the case to the right division when he discovered the menace of the counsel.

However, this remark was turned down by the "Federal Court", which seemed to justify the action of the High Court judge.

The aforementioned case of Datuk VK Lingam v Euromoney is about defamation.The plaintiff claimed that the defendants had defamed him. The court however observed that the plaintiff cannot claim based on his own wrong. The court referred to the judgment made by the Court of Appeal instead of the one made by the highest court, the Federal Court as the judge found that the Federal Court was not constitutionally constituted.

It is a brave remark by a lower court to say that an apex court was not legally constituted. What more if the court was presided by the Chief Justice at the material time. Was the Chief Justice ignorant of law?

One may say that we are human and we make mistakes all the time. But this type of mistake is unforgivable as it was made by the one who is assumed to be the best of his brethren, as he is the head of all judges in the country. Furthermore, the other 2 judges, one of Court of Appeal and another one belongs to the High Court, had they also forgot the law? These people are mingling with the law all the time, for God sake!

Fortunately there is someone with sound mind and sense of justice to correct this wrong proposition. This someone is Justice Dato’ Mohd Hishamudin Bin Mohd Yunus . I believe he has done what the legal people call "discharging the duty without fear and favor".

A Gloomy Past

Friday, September 1, 2006

A judge was sacked from the top position of judiciary 18 years ago. With him, another 2 apex court judges were also sacked from their office. The event was so controversial as it is still being debated, whether the judges were rightly and justly sacked from their office.

Responding to this matter, a retired Chief Judge Of Malaya, Tan Sri Anuar is of view that the matter shall be reviewed, for the benefit of the public, so the public confident on our court can be revived.

A retired Court of Appeal judge, Datuk Shaik Daud Ismail,is of opinion that the epidemic of non confidence in judiciary emerged after the sacking of the 3 judges of the apex court. Datuk Shaik Daud in his farewell speach in 2002 said,

'It used to be that the tinting of judges' cars was for my security but now I say it is to hide my embarrassment.'

Such feeling emerges as result of public non confidence on the judiciary.

The victim of the vexious action himself, Tun Salleh Abas had broke his 18 years silence by his call for the matter to be reviewed. He called for amendment of article 121 of the Federal Constitution, where the vesting clause shall be reinstated, as it was before the article is amended in. The hardest thing to hear is the fact that this person who was the Head of the judiciary is disillusioned with the law. Worst than that, a very learned and notable person who his passion about law is widely known and once a Supreme Court judge, Tan Sri Eusoffe Abdoolcader was also disillusioned with the law and such had cost his life.

One of the greatest architects of our judiciary, the late Tun Suffian Hashim once expressed his view that the 1988 crisis had destroyed the values that was embedded in the judiciary, which had prop up the prominent reputation of the judiciary as it was before the crisis. Many people refer to the pre 1988 judiciary as the golden age of the judiciary, where the organ was led by Tun Suffian Hashim, Raja Azlan Shah (as His Majesty then was) and lastly Tun Salleh Abas.

Why must we look at the past? It is because the past had made what we are today...

Unpredictable life

Tuesday, March 21, 2006

Six years have passed. I am still agonized by the past, which has given major impact to my life. The betrayal I faced long time ago by my first student, whom I place high trust upon, tormented me so much, to the extent that I start to wonder whether I am being treated justly and fairly for what I have done. I try to find out the justification for undesired things which emerge in my life but still I can’t. The Creator’s plan is out of my reasoning faculty to reach.

Justice and fair in my perspective is not the setting bar to what is justice and fair in the eyes of The Creator. I tend to forget that, but with His guidance, I manage to tell myself that The Creator plays role more than what we think we are capable of. The final words and decision rest in His Hand and submitting to that fact I must.

March 13th 2006 was like other ordinary typical days. SPM result was announced and I curious to know the result of my so called student. I initiate the move by sending him a message, and I got a reply that his result was not so good. I tried to be nice by replying to the message and I managed to get the result, and he was right about his result. I also asked him whether he has any idea about whom is the person sending the message, yet no reply.

On the 16th, early in the morning I got a message asking who am I and I reply accordingly. To be polite, I posted simple questions about his choice for UPU and about his PLKN. He then answered accordingly. On that very night at 11.14 p.m., I received a phone call and it was him. I cannot believe what happened on that night and I think that it might only be a missed call. Luckily I was wrong. He really called me.

The first thing, he asked whether he is bothering me or not and I give him positive answer. After few words, he proceeded with an apology. I waited 6 years for this event to come and it has finally come at the time when I don’t really bother about it anymore. I had even regretted for being his mentor. The guilt emerged out of frustration and dissatisfaction of seeing my student going against my teaching. But then, the sincerity expressed is one thing that I cannot resist. When people start being honest and polite, I am no longer that lionhearted as I used to be, though the thing might be bitter to be gulped down. My anger and frustration were gone by the wind. After all, he is my student, whose my pray goes to, prayer of his well being in this worldly life and hereafter.

He then confessed about his wrong doings, which he had made against me. He told me to ignore his rudeness in the past though it was done blatantly yet ignorantly. I was totally touched by such admission. I replied that I also apologized for any wrong doings on my part and he rebutted by saying that I had committed no wrong. He pointed out that he is the one who had committed wrong in the first place. After all, he said that I was his teacher and he is the one who refuses to follow my teaching. I was deeply touched by that line. At last, he expressly recognized me as his teacher, an honorable recognition I assume.

Then the discussion proceeded with questions on choices for UPU and again, words of apologize came out. I told him that I had no heartfelt for what had been done against me, which in fact had forced out all of my dreadful side of mine into pictures.

I had once promised that I will help him in what ever circumstances, and such promise will be honoured accordingly. I talk to talk and I walk to walk. My promise is a lifetime promise and it is in force at any time as the blood runs through my veins.10 minutes of phone call makes me so relief, as now, no one is against me, especially my dearest student. I feel like if I am to face death, I can face it tranquilly. The past 6 years of suffering and agony shall only be part of my history. This will be the beginning for me. This incident gives me a little hope to believe and to trust more people, which I have for a long time refuse to.

Nyoya Tahir : A decision

Thursday, February 16, 2006

Nyonya Tahir was held to be buried as buddhist. She was raised by her muslim grandmother, but lived as buddhist all the time.

What is needed to come to such decision? GUTS.
We muslims concern with those who want to convert, and it becomes emotional when one of our brother or sister in Islam want to leave our beloved religion. Saving them is our responsibility but one must remember that a humankind's capabilities is limited. I quote the a word of the holy Quran "Indeed you (Muhammad), is not giving the guidance to those you love, but Allah guides whoever He wants". This verse connotes the incapabilites of human to deal and design things in the way the desires in all aspect at all time.

Beside of the emotion, there are rules and laws. A judge shall go by the rule and laws, not the emotion. Those who want to convert, the fuqaha (Muslim jurists) say they can, but subject to punishment and unfortunately such punishment does not exist yet. We follow the practice of Shafii school and Shafii r.a is famous with his saying "we judge what can be seen and Allah governs the unseen".

Those who want to converts, they are disgrace to the Muslim. By expressing their intention to convert is a clear sign that they are no longer a muslim, (syirik jali) by way of saying. They should be declared as non Muslim, at the same time, lose their right as Muslim, which also dissolves a marriage, prevents inheritance from his muslim kins and punishable with death. This is what the fuqaha say. The punishment, if there isnt any should not be a question to be answered by the Syariah court judges. They are vested with limited sentencing jurisdiction and thus are bound to abide the law, and any acts beyond the limits given to them will be an ultra vires and not enforceable in the eyes of laws.
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