بسم الله الرحمن الرحيمييم
2009/10/13: Fukuoka, ALNOUR Islamic Culture
“ Halal certificate as Bid‘ah, Zulm, and Shirk ”
Hassan Ko Nakata
1. Halal certificate is a Bid‘ah(reproachable innovation), because no one have dared to innovate Halal certificate in Islamic history since the era of the Prophet Muhammad(ss) until the last day of the Ottoman Caliphate, neither great Caliphs nor Sultans, needless to say of Ulama` of Sunni 4 schools, despite they have enough authority and legitimacy of making it.
(1) Halal certificate is nothing but an imitation of Kosher certificate of the Jews who sell their religion for money and are cursed by Allah saying; “Therefore woe be unto those who write the Scripture with their hands and then say, "This is from Allah," that they may purchase a small gain therewith. ”(2:79) (http://www.kosher.org.uk/howto.htm#)
(2) In Islam there is no priesthood or religious institution to authorize the doctrine “officially” and impose it on the believers contrary to the Christianity and the Judaism, every Muslim should make effort to know how to live according to the Divine Will referring to Qur`an and Sunnah by oneself or consulting the trustworthy scholar by his own choice in case of incompetence of the referring by oneself.
(3) Regarding the political authority in Islam, its obligations are called as Ahkam Sultaniyyah, the most important one of which is enforcement of Hudud or penalties prescribed by Shari‘ah, then Hisbah or supervision of the social order as imposing Friday prayer on Muslims and punishing Riba (interst) takers, (banks) , following the verse “O you who believe, fear God, and give up the usury that is outstanding, if you are believers. But if you do not, then be warned of war from God, and His Messenger”
(2:278-279)
Ibn al-`Arabi al=Qurtbi(d.1272) comments, ; Ibn Khuwaiz Mandad says(d.1000), ; If the inhabitants of a country admits riba legitimating it, they become apostates and the rule on them is the same rule concerning the people of the apostasy. If they don’t legitimate it ostensibly, it is lawful for the caliph to fight against them. Don’t you see that Allah has already permitted it by saying “then be warned of war from God, and His Messenger…”.(Qur’an, 2:279) Cf., al=Qurtbi, Jami` li-Ahkam al-Qur’an, vol. 3., p.364.
Issuing Halal certificate is never included in these Ahkam Sultaniyyah.
(4) Any government which does not carry out the above mentioned obligations has no Islamic political authority at all.
2. Imposing Halal certificate on people is a Zulm(injustice), especially in case of being accompanied with demanding money for issuing it and preventing free trade of people banning them to declare their own things as Halal.
(1) Every Muslim can sell his own properties without need of getting permission from any person or organization as far as it is lawful. So preventing such sales or imposing permission is a Zulm, injustice.
(2) As for the slaughtered meet, only its slaughterer is qualified to say whether it is properly slaughtered or not, none else, on the condition that he has the knowledge of Islamic rules of slaughter.
(3) Unless one is with the slaughterer, observing how to slaughter throughout the whole process in all the cases, his certificate can not accepted as the Islamic lawful testimony.
As the late Shaikh Ibn Uthaimin said.
(4) It is impossible to certify that the meet is Halal, because the conditions of the Halal of the meet are innumerable, not limited to the way of slaughter but how to get the animal, how to get the money by which he bought the animal, whether the slaughter is true Muslim and so on. Only thing we can do is to judge it as Haram in case of finding the violation of any of them.
As the late Shaikh Ibn Uthaimin said.
(5) In fact, an owner of Muslim restaurant who imported chicken marked Halal of Sadia and made Gyoza of it and tried to sell it packed with own made Halal mark, but was finally prevented by being said that she was not authorized to stamp Halal mark on Gyoza made by herself and she should buy Halal certificate by the authorized institution. This case clearly shows Halal certificate is violation of Islamic freedom of trade, thus Zulm.
3. Halal is what Allah makes it Halal in Qur`an, i.e., it is the prerogative of Allah to decide what is Halal. Allah only names some general categories as Halal and trust people to decide by themselves whether individual concrete things which they deal with are Halal or not. Thus declaring Halal on the individual things of the people, not general categories, is not only the violation on the right of the people but also the usurpation of the prerogative of Allah, the Sole Legislator, i.e., Shirk (polytheism) .
(1) No one or no institution can authorize things as Halal officially to impose their judgment Muslims. Especially, we should not trust in any anti-Islamic organization which neglects the rejection of enforcement of penalties prescribed by Shari‘ah, Hudud and the violation of the prohibition of Riba (usury) issuing Halal certificate.
(2) Islam means submission to Allah, so Shari‘ah is a way of submission. That is why there is no legal body in Islamic jurisprudence. Only natural person can submit to Allah according to Shari‘ah, a corporate body or juridical person such as “dawlah” or “state”, company, bank and so on. The modern nation state is a idol or false god which is substitution of the church, Corpus Christi (body of Christ), in the Medieval Europe, which had enslaved the spirit of the human beings. So the state is the very idol, it cannot be “Islamized”. To entrust the state or its subdivision to decide Halal and Haram and impose its decision officially is nothing but the idolatry to submit the idol, the state, with total submission, i.e., not only in worldly affairs but also in religious affairs.
(3) Shari‘ah prescribes the rules which is related only to the men of authority, Uliy Al-Amr, Ahkam Sultaniyyah, as collective responsibility, Fardh Kifayah, as it prescribes rules for ordinary men as individual responsibility, Fardh ‘Ain. We can entrust only Ahkam Sultaniyyah to the rulers to carry out them for us with supervising them in their excusions, but the rest of the Shari‘ah is what we must undertake by ourselves.
(4) Issuing Halal certification is not under the category of Ahkam Sultaniyyah which is a job of the Uliy Al-Amr as the establishing Islamic Bank is not under the category of Ahkam Sultaniyyah which is a job of the Uliy Al-Amr. Concerning the slaughtered meet, the Prophetic Sunnah clarifies that we should not inspect how it was gained, so we had better to follow the Prophetic Sunnah. As the late Shaikh Uthaimin said.
Conclusion – What we should do?
1. We should struggle to prevent the Bid‘ah, Zulm and Shirk of Halal Certificate.
2. We should provide the Muslims with the true knowledge of Halal and Haram of the food with difference of opinion of the reliable scholars, which includes rules concerning the food which was brought by unknown way.
3. All those who are provided with such knowledge are qualified to judge what they slaughter by themselves as properly slathered and allowed to eat for themselves and as well as for others and say that he slaughtered properly. But whether it is Halal or not can not be judged because other elements such as lawfulness of the gain of the animal and the money besides slaughter are also to be taken into consideration for Halal judgment.
4. As for the food, we had better not to inspect at all with trusting Muslim society by following the Prophetic Sunnah, in Islamic standpoint of view.
5. If the certificate is issued, it should show only the ingredients without using term Halal as any other certificates issued for commercial, sanitary and medical purpose.
6. If the certificate is to be issued in Islamic point of view, it should be Haram certificate on the condition that the criteria of Haram should be mentioned in detail enumerating all the opinions of Islamic law schools as well as it should be clearly mentioned that it is not official, not binding on any Muslim .
Warabbunalmusta‘an
2011年2月3日木曜日
2011年2月4日スルタン・アグン・イスラーム大学での発表要旨（英文）
2011/02/04 Sultan Agung Islamic University, Semarang, Indonesia
GENERAL LECTURE OF “THE ROLE OF POLITICS ON BUILDING THE ISLAMIC CIVILIZATION IN THE DIGITAL ERA”
“Spreading the Idea of Khilafah in the Digital Era”
Prof.Dr. Hassan Ko Nakata, Doshisha university
1. Introduction: Politics, Civilization, Digital Era
* Islamic Politics is “rule of Law”.
* Islamic civilization is a global one.
* “The digital era” means the era in which E-media make people released from the boundary of the ‘territorial nation state’.
* It indicates that we are now living in the age of reemergence of Khilafah.
2. Politics in Digital Era
* E-media like internet make people released from boundary of territorial nation state.
We can communicate each other through internet beyond boundaries of the “territorial nation states”. * It releases people from the information control of the state which makes the dictatorial regime able to deceive people, by the name of democracy and nationalism.
* ‘Territorial nation state’ system is international, namely, it is a cartel of rulers who exploit people. These rulers support each other. Toppling the territorial nation state becomes possible by E-medias which makes people able to unite themselves against the alliance of the rulers.
* Digital era is the age of ‘Globalization’. Globalization is in fact expanding American colonialism to all over the world through E-media of Internet. Now regionalism is arising anew to resist this unfair, unjust exploiting ‘American Globalization’. The most successful case is the EU which has succeeded in liberation of its citizens from boundaries within it, abolition of tariffs, unification of the currency, ie., Euro, and finally election of its president.
* As Europe has been reunited as EU in order to resist ‘American Globalization’, Muslim world should be unite under the banner of Khilafah abolishing boundaries which hinder free movement of people, commodities, money, and information within it, unifying currency, gold Dinar and silver Dirham, and election of Khalifah, the supreme political authority of Ummah.
3. Khilafah as Islamic Politics
* Sunnite Islamic Politics is Khilafah, whose establishment is obligatory based on Ijmāʽ, consensus of Ulama. Nasb al-Imam wajib.
* According to Ibn Hajar al-Haitami (d.1566), Khilafah is not only obligatory but also the most important matter of the religious duties, as well as Ibn Taimiyyah(d.1328) says that it is the most important duty without which both of the religion and the mundane world can’t be maintained.
* In this digital era, in spite that Ulama hardly declare the obligation of establishing Khilafah openly because of the oppression from the anti-Islamic dictatorial regimes, all of us can confirm it in al-Mawsu‘ah al-Fiqhiyyah(45 vol.1), the most voluminous encyclopedia of Fiqh, Islamic jurisprudence, on the Website of the Ministry of Islamic Affairs of Kuwait as well as the one of Ministry of * Islamic Affairs of Saudi Arabia (http://islam.gov.kw/cms/index.php/mousoaa/), (http://feqh.al-islam.com/bookhier.asp?DocID=100)
4. Khilafah as ‘Rule of Law’
* It is not enough to know rules of Khalifah in Fiqh separated from the whole structure of Shari‘ah, we should understand the very nature of Shari‘ah.
* Islamic politics, Khilafah, is Nomo-centralistic contrary Homo-centralistic Western one.
* Khilafah, is not only a rule of law, but the very rule of law, because there is no law-system in the world which can be compared to Islamic law, Shari‘ah, in respect to its stability and predictability. Islamic law system started to be formed around in 8-9 century and had been established around in 12-13 century and has little change since then. It remains unchanging and valid, thus it is still taught from the elementary school to the graduate school of the university in the Muslim world so that rules of Islamic law are by far the better widely-known to Muslim believers than positive laws legislated by the state.
* Consequently, Western Homo-centralistic ‘democracy-oligarchy-monarchy frame-work’ is not suitable for analysis of Khilafah.
* Khilafah is ‘rule of law’ as is clear in comparison with Shiite Imamology.
* Shiite Imamah is typically Rule of Man, because Shiite Imam is divinely appointed and infallible, while Sunni Khalifah is to be elected by men and fallible.
5. Khilafah as Global Civilization
* “Indeed I created on earth Khalifah ,vicegerent.”(Q.2:30)
* The globalism and universalism is essential for Islamic politics, and the singularity of Khalifah only symbolizes the unity and integrity of Dar al-Isla m(Space of Rule of Law) to guarantee the freedom of movement of human beings, commodities, money or capitals, and information. So the abolishment of borders which hinder the movement of the people is the indispensable essential part of Islamic governance.
* Mission of Islam in its complete form is to expand this Dar al-Islam (Space of Rule of Law) to all over the world, the Globe, the Earth.
* Prophetic mission in its complete form was to spread this “Rule of Law” to all over the world even with resort to military force, if possible. Allah says; "Fight those who do not believe in God, nor in the Last Day, and who do not forbid what God and His Messenger have forbidden, nor do they practice the religion of truth, from among of those who have been given the Scripture, until they pay the Jizyah tribute, readily being subdued.”(9:29) And al-Mugirah, a companion of the Prophet, said to the Persian army on the day of battle of Nihavand,; the Prophet who is the Apostle of our Lord ordered "Fight until you worship only Allah or you pay the tax (Jizyah)". ( al-Bukhahri).
* Here we should not confuse between fighting for enforcing Islamic faith and fighting for spreading “Rule of Law”. The Islamic mission is fighting, Jihad, for spreading “Rule of Law”, not for enforcing Islamic faith.
If only the Jizyah tax is paid, fighting is no more allowed, even though they don’t embrace Islam. But fighting becomes inescapable when tax payment is refused. That is, the purpose of Jihad was admission of the Islam governance by tax payment, not conversion to Islam. In other words, spread the Islamic order of “Rule of Law” was the first priority which must be promoted even with military force.
*The Muslim community started to perform their mission toward the whole world after the completion of the revelation to the Prophet Muhammad and the unification of the Arabian Peninsula under the banner of Islam. However, what was not allowed to refuse in confronting this mission and was to be forced even by military power was the payment of the Jizyah tax, not conversion to Islam. That is why we can say that the mission of Islam in its complete form is to spread this “Rule of Law” to all over the world even by resort to the military force, though there is no compulsion in the religion.
* Therefore, Khilafah is defined as a political institution established for continuation of the Prophetic mission of spreading “Rule of Law” all over the world. Thus Khilafah is the governance of “Rule of Law”, the most stable divine law in the world, which liberates all the human beings from the rule of men and guarantees the security of life, property, and honor for all the inhabitants, ant this law-governed space is called Dar al-Islam or “House of Islam”, in which Khalifah the head of the Ummah, rules according to Islamic law and plural religious communities coexist enjoying religious self-government.
* Khilafah is rather ‘secular’, anti-totalitarian and pluralistic rule.
6. Conclusion: Spreading the Idea of Khilafah
* In this digital era, it becomes possible to topple down an authoritarian government by people’s power in order to change political regime thanks to E-medias.
* The only thing which we are in lack of is the proper understanding of nature of Khilafah among Ummah Islamiyyah because of their political apathy or unawareness.
* So we should spread the idea of Khilafah among Ummah Islamiyyah to awaken them by all means of E-medias which escape from state control.
* Nowadays the most influential E-media seems to be Video-game, especially young generation on their shoulders the future of Ummah Islamiyyah depends. So we should create Video-game of “Reestablishing Khilafah Spreading Rule of Law to All over the World” in order to nurture their Islamic/political awareness so that we would be ready to establish the true Khilafah, Khilafah Rashidah, in any time when the time of the change comes by divine order of Allah.
GENERAL LECTURE OF “THE ROLE OF POLITICS ON BUILDING THE ISLAMIC CIVILIZATION IN THE DIGITAL ERA”
“Spreading the Idea of Khilafah in the Digital Era”
Prof.Dr. Hassan Ko Nakata, Doshisha university
1. Introduction: Politics, Civilization, Digital Era
* Islamic Politics is “rule of Law”.
* Islamic civilization is a global one.
* “The digital era” means the era in which E-media make people released from the boundary of the ‘territorial nation state’.
* It indicates that we are now living in the age of reemergence of Khilafah.
2. Politics in Digital Era
* E-media like internet make people released from boundary of territorial nation state.
We can communicate each other through internet beyond boundaries of the “territorial nation states”. * It releases people from the information control of the state which makes the dictatorial regime able to deceive people, by the name of democracy and nationalism.
* ‘Territorial nation state’ system is international, namely, it is a cartel of rulers who exploit people. These rulers support each other. Toppling the territorial nation state becomes possible by E-medias which makes people able to unite themselves against the alliance of the rulers.
* Digital era is the age of ‘Globalization’. Globalization is in fact expanding American colonialism to all over the world through E-media of Internet. Now regionalism is arising anew to resist this unfair, unjust exploiting ‘American Globalization’. The most successful case is the EU which has succeeded in liberation of its citizens from boundaries within it, abolition of tariffs, unification of the currency, ie., Euro, and finally election of its president.
* As Europe has been reunited as EU in order to resist ‘American Globalization’, Muslim world should be unite under the banner of Khilafah abolishing boundaries which hinder free movement of people, commodities, money, and information within it, unifying currency, gold Dinar and silver Dirham, and election of Khalifah, the supreme political authority of Ummah.
3. Khilafah as Islamic Politics
* Sunnite Islamic Politics is Khilafah, whose establishment is obligatory based on Ijmāʽ, consensus of Ulama. Nasb al-Imam wajib.
* According to Ibn Hajar al-Haitami (d.1566), Khilafah is not only obligatory but also the most important matter of the religious duties, as well as Ibn Taimiyyah(d.1328) says that it is the most important duty without which both of the religion and the mundane world can’t be maintained.
* In this digital era, in spite that Ulama hardly declare the obligation of establishing Khilafah openly because of the oppression from the anti-Islamic dictatorial regimes, all of us can confirm it in al-Mawsu‘ah al-Fiqhiyyah(45 vol.1), the most voluminous encyclopedia of Fiqh, Islamic jurisprudence, on the Website of the Ministry of Islamic Affairs of Kuwait as well as the one of Ministry of * Islamic Affairs of Saudi Arabia (http://islam.gov.kw/cms/index.php/mousoaa/), (http://feqh.al-islam.com/bookhier.asp?DocID=100)
4. Khilafah as ‘Rule of Law’
* It is not enough to know rules of Khalifah in Fiqh separated from the whole structure of Shari‘ah, we should understand the very nature of Shari‘ah.
* Islamic politics, Khilafah, is Nomo-centralistic contrary Homo-centralistic Western one.
* Khilafah, is not only a rule of law, but the very rule of law, because there is no law-system in the world which can be compared to Islamic law, Shari‘ah, in respect to its stability and predictability. Islamic law system started to be formed around in 8-9 century and had been established around in 12-13 century and has little change since then. It remains unchanging and valid, thus it is still taught from the elementary school to the graduate school of the university in the Muslim world so that rules of Islamic law are by far the better widely-known to Muslim believers than positive laws legislated by the state.
* Consequently, Western Homo-centralistic ‘democracy-oligarchy-monarchy frame-work’ is not suitable for analysis of Khilafah.
* Khilafah is ‘rule of law’ as is clear in comparison with Shiite Imamology.
* Shiite Imamah is typically Rule of Man, because Shiite Imam is divinely appointed and infallible, while Sunni Khalifah is to be elected by men and fallible.
5. Khilafah as Global Civilization
* “Indeed I created on earth Khalifah ,vicegerent.”(Q.2:30)
* The globalism and universalism is essential for Islamic politics, and the singularity of Khalifah only symbolizes the unity and integrity of Dar al-Isla m(Space of Rule of Law) to guarantee the freedom of movement of human beings, commodities, money or capitals, and information. So the abolishment of borders which hinder the movement of the people is the indispensable essential part of Islamic governance.
* Mission of Islam in its complete form is to expand this Dar al-Islam (Space of Rule of Law) to all over the world, the Globe, the Earth.
* Prophetic mission in its complete form was to spread this “Rule of Law” to all over the world even with resort to military force, if possible. Allah says; "Fight those who do not believe in God, nor in the Last Day, and who do not forbid what God and His Messenger have forbidden, nor do they practice the religion of truth, from among of those who have been given the Scripture, until they pay the Jizyah tribute, readily being subdued.”(9:29) And al-Mugirah, a companion of the Prophet, said to the Persian army on the day of battle of Nihavand,; the Prophet who is the Apostle of our Lord ordered "Fight until you worship only Allah or you pay the tax (Jizyah)". ( al-Bukhahri).
* Here we should not confuse between fighting for enforcing Islamic faith and fighting for spreading “Rule of Law”. The Islamic mission is fighting, Jihad, for spreading “Rule of Law”, not for enforcing Islamic faith.
If only the Jizyah tax is paid, fighting is no more allowed, even though they don’t embrace Islam. But fighting becomes inescapable when tax payment is refused. That is, the purpose of Jihad was admission of the Islam governance by tax payment, not conversion to Islam. In other words, spread the Islamic order of “Rule of Law” was the first priority which must be promoted even with military force.
*The Muslim community started to perform their mission toward the whole world after the completion of the revelation to the Prophet Muhammad and the unification of the Arabian Peninsula under the banner of Islam. However, what was not allowed to refuse in confronting this mission and was to be forced even by military power was the payment of the Jizyah tax, not conversion to Islam. That is why we can say that the mission of Islam in its complete form is to spread this “Rule of Law” to all over the world even by resort to the military force, though there is no compulsion in the religion.
* Therefore, Khilafah is defined as a political institution established for continuation of the Prophetic mission of spreading “Rule of Law” all over the world. Thus Khilafah is the governance of “Rule of Law”, the most stable divine law in the world, which liberates all the human beings from the rule of men and guarantees the security of life, property, and honor for all the inhabitants, ant this law-governed space is called Dar al-Islam or “House of Islam”, in which Khalifah the head of the Ummah, rules according to Islamic law and plural religious communities coexist enjoying religious self-government.
* Khilafah is rather ‘secular’, anti-totalitarian and pluralistic rule.
6. Conclusion: Spreading the Idea of Khilafah
* In this digital era, it becomes possible to topple down an authoritarian government by people’s power in order to change political regime thanks to E-medias.
* The only thing which we are in lack of is the proper understanding of nature of Khilafah among Ummah Islamiyyah because of their political apathy or unawareness.
* So we should spread the idea of Khilafah among Ummah Islamiyyah to awaken them by all means of E-medias which escape from state control.
* Nowadays the most influential E-media seems to be Video-game, especially young generation on their shoulders the future of Ummah Islamiyyah depends. So we should create Video-game of “Reestablishing Khilafah Spreading Rule of Law to All over the World” in order to nurture their Islamic/political awareness so that we would be ready to establish the true Khilafah, Khilafah Rashidah, in any time when the time of the change comes by divine order of Allah.
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