Sunday, 5 February 2012

AL HILAH, Modify LAW OF GOD

By
Ustad Mohammad Asim Musthofa

God has set His Apostle with the person through dental shari'ah as set forth within the lessons of din (religion) is. within the same manner, regarding problems with halal and haram in bermu'amalah. In one in all Saheeh Bukhari and Imam Islamic, there's described that the licit and illegal is incredibly further standard. However, between legal and illegal problems that are unlikely (vague), the law isn't further standard to most people. what's not however determined is to seem out and shunned by a Islamic, for the advantage of protection and its din, not viceversa.

Ironically, several also are discovered among the Muslims who don't concentrate to those problems. Even a lot of sadly, there are of them are intentionally sorting out loopholes to manage, produce a method or deception elements that has clearly unacceptable to undertake to hide the situation, thus it'd seem to be legal Aatu. With regards to the Shari'ah, such measures is referenced al hilah الحيلة.

Various techniques are used to deceive most people, or to deceived people who are less wara 'in belief, thus get the halal whole or whole might in bermu'amalah or buy-sell them. Actually, if noticed, is primarily the manner they failed to a lot of completely different from the distinctive law. simply perform the manner or the way to vent out the interests of avarice, if you would like to savor the haram or unlikely.

HALAL AND verify THE RIGHTS OF GOD IS HARAM
In the Al Qur `an, Allah Subhanahu wa Ta'ala has described, that decides the halal and haram isn't a individuals specialist, however it's expected to be to God. Of that Allah Subhanahu Ta'ala w said:
"Do they need any gods besides God mensyari'atkan to their belief that Allah permitted not?" [Asy Syura/42: 21]

"They produce the people 'alimnya and their monks as lords besides Allah and (they additionally deify) the Deliverer son of Betty, after they were informed to praise one God, there's no God (the right to be worshiped) however Him. Most Sacred Allah from what they affiliate ". [At Tawbah / 9:31]

"And say not of what was described by a calming tongue" is legal and this can be unacceptable ", to form a lie against Allah. Verily people who produce a lie against Allah Nor lucky". [An Nahl/16: 116].

From the on top of compared to are terribly further standard, that the pinning legal and illegal elements is that the right of Allah and His Messenger. As for the faculty students, after they say one thing is kosher, one thing is haram, they're in no way out of what has been suggested Allaah and His Messenger sallallaahu 'alaihi wa sallam. Therefore, each Islamic ought to take the help of the Shari'ah when bermu'amalah, don't do khilah by probing for loopholes to rationalize the unacceptable, nor prohibit that Allah and His Messenger are legal.

EVERY that IS unhealthy HARAM
We should believe, when Allah or His Apostle prohibit one thing, actually within the situation that might outcome in unhealthy anathema to the criminals. Instead, every is permitted or informed by God, should contain plenty of advantage to individuals life, each within the daily lifetime on the world or the hereafter.

It has been mentioned Allaah in his book: "(It is) the people who adhere to the messenger, the unlettered Prophet, who (name) they found revealed within the Torah and therefore the Gospel that's on their space, who informed them to try and do that ma 'ruf and prohibit them from doing the unfair, and rationalize to all of them that's wonderful and prohibits them powerful elements ". [Al A'raf / 7:157].

"They raise thee regarding wine beverage beverages and gaming. Say:" In them there's wonderful sin and a few revenue, for men, however the sin is more than the revenue. "[Al-Baqarah / 2:219]

MAKE HILAH (ENGINEERING) one thing haram, haram IS
Al hilah, or execute technological innovation, created in situation the illegal, or that causes one thing that's haram, is haram. applicable pointers of jurisprudence is, "every Wasilah charged for the target or specifications concerned therein". Therefore, a individual who plans to rationalize that God has unacceptable, the law continues to be one thing haram, though he refined it with plenty of deception, making technological innovation.

DEFINITION AL HILAH
In terminology, the phrase al hilah الحيلة)), as described Ibn Hajar within the Fat-Hul Bari, has significance, each manner that causes the getaway in an exceedingly manner that's invisible (soft) [1]. As for the phrase, al hilah is, do a title that zhahirnya syar'i be to abrogate the law and convert her to the opposite law. [2]

Shaykh al-Islam Ibn Taymiyyah might Allaah have whim say, "the common said al hilah Indeed, when targeted by an comprehension of fiqh school students or inaccurate indicates used to rationalize the manner elements are unacceptable, as their techniques of the Jews." [3]

Ibn Qudama said, "That is by displaying that allowable dealings, as created in doing the unacceptable, or the direction that causes one thing that God has unacceptable ...". [4]

Thus, it will be said, technique or will be found that is unacceptable, deception in problems with illegal, using an oblique or invisible.

GENERAL OF AL HILAH
According to Ibn al-Qayyim, there are 2 sorts of al hilah.
First: the sort that led to the exercise that was requested by Allah Subhanahu wa Ta'ala and depart what's unacceptable, to quit from one thing that's haram, won the haq of kezhaliman the forestall, liberating people from oppression dizhalimi people who are wrongdoers. This contains each sorts, and therefore the criminal or the decision (who asked) can get the compensate.

Second: The aim to abort the responsibility, to rationalize any haraam, being restless condition of the individual who taken advantage of become criminals of turmoil and people who perceived to be the wrongdoers terzhalimi, modification truth of the difficulty into falsehood and falsehood into truth of the difficulty. Hilah sorts like this, the Salaf have selected kenistaannya ...). [5]

Imam ash Syatibi supply info to the shape of disgraceful hilah (ie the second type) on top of, that's suggested by al hilah, (like that) is, one thing that may eliminate the resource of the particular syari'i, similarly as receivers negates syar'i concerned in it. one thing that may eliminate the distinctive resource of the syar'i and receivers negates the syar'i. [6]

TYPES OF FORBIDDEN HILAH
According to Ibn Qayyim, hilah are unacceptable, or semisalnya (which is unacceptable, Pen), all the Muslims, there's nobody who worries, that this can be component of the numerous sins, and is that the most serious act of problems that are unacceptable . Such activities concerned within the sort of twiddling with the idea of Allah and build fun of the compared to. With regards to his measures was illegal, as a result of the will be found and deception in it. Knowing from the aim and objective was, hilah additionally unacceptable, on eliminate the truth of the difficulty and need to convert perpetuate falsehood. [7]

Ibn Qayyim rahimahullah split hilah (forbidden trickery) on top of into three sorts.
First: Hilah haram haram resolved to one thing anyway. as an example, to rationalize the exercise of technological innovation to contain elements of usury. as an example, as within the mud concern 'Ajwa, ie a individual who provides product that go in `riba with identical problems, with the concerned (required) with each or one in all them one thing else of its kind. [8]

Second: The manner starting or activities might, however is employed for one thing that's haram. As do Safar used to rob, wipe out people, and others.

Third: the way to use the start isn't used for something illegal, even disyari'atkan suggested for one thing, like get committed, trade, provide presents, etc., however then used a steps to induce to elements that are unacceptable.

HILAH could be a JEW temperament and habits
Allah Subhanahu wa Ta'ala has created it further standard in many paragraphs, that describe the morals of the Jews during this will be found concern. they're making an attempt to enhance laws that are trained by their prophets. like the matter and anger of Almighty God when the Jews were unacceptable to look on Saturday. On today plenty of species of fish acquired, that don't seem to be discovered on alternative periods. Then, to execute rekayas, they additionally place the entice (net) on the past day and take the end result on Saturday. This act is their guile, by notwithstanding the Rabb. As God has created it further standard in His Word:

"O ye who are given al the Publication, have trust in what you have got we have a tendency to sent down (al-Qur` an), that agrees with that there's in your book before we have a tendency to merobah expertise (mu), then we have a tendency to move to the once more or downside them, as we have a tendency to cursed the people (who build adultery) on Saturday. and therefore the law of God should be actual ". [An-Nisa '/ 4:47].

"And raise the youngsters of Israel on space that's located close to the ocean after they separate the rules on Saturday, at time they came to the species of fish (around) they're sailing within the water, and in periods instead of Saturday , the species of fish failed to return to them. thus we have a tendency to attempt to utilize them as a result of they're powerful "[al A'raf / 7:163].

EXAMPLES OF USING HILAH mu'amalah
If you observe, several discovered mu'amalah techniques that use will be found or technological innovation. each have further standard keharamannya using the justifications of the text messages, similarly as of latest problems that had never occurred. However, if noticed, problems that make or new, can get a replacement concern isn't removed from the recent problems ensuing from the text messages or the rules that already are on the market. the faculty students, like Ibn al-Qayyim [9], or another school students have offered illustrations of the utilization mu'amalah hilah techniques or inaccurate.

For example, it should be a exercise within which if rigorously relevant to the current hilah concern, that is intended as an attempt to improve the conditions syar'i founded Islamic law. Hilah as an example are:

- Hilah a partner who needs to try and do powerful to his spouse, sorting out to abort her right to accumulate from his home, is incredibly sick when he instantly mentalaknya 3 periods.

- Hilah one who needs to forestall penalties sexual intercourse throughout Ramadan by acting to be tired or consume Your wine beverage beverages 1st, and then he had sexual intercourse along with his spouse.

- Hilah people who don't need to fast Ramadan, by manner of strategy of Safar monthly of Ramadan comes.

- Hilah somebody who needs to abort his home zakat bills that may arrive at one season (the haul), to alter it for such product, or to supply it for worry of zakat, that was then purchased for cash or alternative identical product. thus he can begin starting within the rely of latest product. Bagitu thus on and thus on, every can arrive at the age of 1 season tersebit home. By doing that, he says, for a protracted time he are going to be treated of the responsibility of zakat.

- 2 people have identified product usury, however every has completely different conditions. The one wonderful and a nasty second. They calculate the price of every product in storage with none manner of actual cash. therefore the approximated low prices ought to add one thing (money) for having the nutrients.

This kind contains indicates (deception) to rationalize riba deal. Riba is usually recommended here is that the dealing precious metal for precious metal, or rupiah with $ $ $ $, or the opposite with the modification amount. Whereas the specifications to be met in such a deal is 2 fold. That amount (equal weights), and offered on-site at many length of the transksi (bi yadan Yadin).

- Suppliers who need not guilty of faulty product is glad, he can worry the shopper can come. Then she began to supply the conditions, the product are ordered might not be came back beneath any conditions. the aim is, as a result of barng is already out of the search. Such a exercise is often used. thus ought to we have a tendency to forestall it.

- obtaining a vulnerable viewpoint, and opinionated with what matches their desires, however there's no further standard disagreement as a time-frame for real and righteous activities.

Hilah was taken by the exercise pointers of fiqh usul لا إنكار في مسائل الخلاف (should not reject the problems err). selection principle that's not actual as tidu energy (manipulate) to vent out what he needs, when he discovered the phrase in contest (different), and satisfies with what he desired. the easy truth of the difficulty within the use of such pointers is, if a priority doesn't get the disagreement sharih (obviously) of the Publication, Sunnah or Ijma `, thus it needs a mujtahid ijtihad, it shall utilize the on top of pointers, by not doubting the variations that happen from the ijtihad of the the cleric.

- somebody who needs mengugurkan Hilah hajj or zakat responsibility to supply home to youngsters or spouse, thus he views himself one who doesn't berharta.

- Hilah people who need to possess the product with no right to eliminate or modification the looks of the product.

- Hilah people who attempt to eliminate the penalties of facet amputation to possess, declaring that the product taken was his own product, or product partnership between himself and therefore the proprietor of the product taken.

- Hilah people who are for Hajj or Umrah berihram. as a result of it's related to a ban on tracking, then he place parangkap before wearing ihram, to mention that he got before the expertise is caused by ihram.

- Hilah somebody who prefers to execute backbiting, saying that he was doing amar ma `ruf nahi wrongdoing. Though maslahatnya no. Mentahdzir or in individual, he wasn't using the acceptable pointers.

- Hilah some Muslims who are delicate extravagance and kemaksiatannya, and don't need to be hated.
For example, by saying:
"I was within the sunnah, sunnah defenders, though Fasiq like as a trustee of God. whereas the heretics, he was an attacker of God, though the numerous wonderful."
"Bury a opponent of the Sunnah, even on balance his wickedness, is one in all the yard from the house gardens of heaven. whereas professionals burial plot heresy is that the pit of hell".
"Clinging to the Sunnah and Aqeedah is acceptable, it'll undoubtedly be able to eliminate kamaksiatan I do".
"Virtue isn't wonderful, no concern. what is essential I applicable aqeedah".
Phrases just like the on top of are hilah or will be found, to stay the would like to throw what his desires.

- Hilah one who needs to rationalize infidelity by saying, he has administered a agreement or mut'ah wedding. Though the conditions of the marriage cannot be met.

- Hilah a woman who desired to separate faraway from her partner, by manner of infidelity by her spouse's child. He believed, once Umor by children of her partner, then she should be divided from her partner. Or rather than a partner who berhilah like this.

- Hilah people who don't need to hope, the Quran and thus on the premise, that the gratuitous prayer or the Quran, if you'll still melakukakan disobedience.

- Hilah somebody who needs to rationalize the acquisition and purchase 'Inah [10] by saying:
"Very cheap, if the provider to shop for once more product that are marketed from the shopper with a price-effective|less expensive|cheaper|more cost effective} cost. Because, it might be the product are used, or there's a shame that would reduced their prices". [11]

- Hilah to hide the issues that he recognized to potential purchasers, saying:
"Look at yourself and take a look at elements," and when he requested the condition of the product it provides, the provider isn't willing to explain the issues within the product. [12]

- Hilah to rationalize usury, by informing people who are in would like of a automobile or alternative goods:
"Find the automobile you would like. i am going to produce the settlement from the search. Only later, you pay me a moderate credit score to what we have a tendency to agreed".
Something like this same kind to try and do hilah (deceit, engineering) to rationalize usury. What showed up as if to assist, but desired to revenue through advantage of alternative people issues. As if he said "I supply cash to you, however then you come the money (to purchase it) with the included attention that we have a tendency to agree".

Piety AND religion IN PRIMARY KEY BERMU'AMALAH
A cleaning let recognized, that the life she resided failed to break away the responsibility to forever praise God. Therefore, the work of man is to travel by the conditions that are disyari'atkan God. thus we'll get peacefulness and relaxed atmosphere, as a result of piety and trust that's forever alert.

The determination of significant issues and thoughts run shari'ah of Allah, a cleaning isn't expected to require it out by doing techniques, the skilled to enhance the law of God. that stay haram haram, though chased by many completely different ways, it continues to be an equivalent law. Actually, if a cleaning of sin intentionally enhance with somewhat produce to rationalize the diharamkanNya behavior within the unacceptable and prohibit, completely the upper anger of God. Then, with perseverance and forever have worry of Allah, Allah can supply advantage. He said:

"That's the believed of The lord's rules to you, and people who have worry of Allah, He can eliminate his faults and can twice the complete him". [Ath Thalaq/65: 5].

"Verily people who worry Allah and be sufferer, then completely Allah doesn't pay the compensate of these who do good". [Yusuf/12: 90].

"Those who have worry of Allah, He can produce her manner out". [Ath Thalaq/65: 2].

Hopefully this info might be The caution for us, to stay fix all the superb activities. that's by forever sincere in their perform and praise, and keep faraway from all sin and powerful. And Allaah is aware of best-Shawab bish.

Sources:
- Buyu `Fatawa wa Fiqh, Shaykh Muhammad ibn Saalih al 'Uthaymeen, designs Adwa Salaf-us.
- Ash-Mumti Syarhul `'` ala Zadil Mustaqni, Shaykh Muhammad ibn Saalih al' Uthaymeen, Salam Muassasah Matter, Amount 8.
- Qawa Qasa Eid-il-fisy Sharia al-Islamiyah, Dr. Mustafa bin Karamatullah Makhdum, designs Syibiliya Daar, Riyadh.
- I'lamul Muwaqi'in, Ibn al-Qayyim, designs Darul Kitab al 'Arabi, Beirut.

[Copied from As-Sunnah journal X/1427H/2006M 10/Tahun Version. Groundwork released Lajnah Istiqomah Surakarta, Jl. Single - Single Gondangrejo Purwodadi Km.8 Selokaton fifty seven 183 Tel. 0271-761016]
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Footnote
[1]. Fat-Hul Bari (12/326). See the book-il Qawa'idul Qasa fisy Sharia al-Islamiyah.
[2]. Al Muwafaqat (4/201), ash Syatibi. See the book-il Qawa'idul Qasa fisy Sharia al-Islamiyah.
[3]. Al Fatawa al Kubra (3/223).
[4]. Al Mughni (4/179). See Qawa'idul fisy Qasa-il-Shari'ah al Islamiya.
[5]. Ighatsatul Lahfan (1/339). See the book-il Qawa'idul Qasa fisy Sharia al-Islamiyah.
[6]. Al Muwafaqat (2/387). See the book-il Qawa'idul Qasa fisy Sharia al-Islamiyah.
[7]. I'lamul Muwaqi'in, Ibn Qayyim (3/287, 288).
[8]. Al Mughni (4/155-156). See the book-il Qawa'idul Qasa fisy Sharia al-Islamiyah.
[9]. I'lamul Muwaqi'in, Ibn al-Qayyim (3/158-342).
[10]. Example of dealing 'Inah. as an example, somebody who provides one thing to a shopper at a price of speed. Then before the whole settlement, that individual (the seller) {to purchase|to shop for} once more the product are marketed for cash at a price reduced than the hobby frame of buy. (See Buyu `Fatawa wa Fiqh, Shaykh Muhammad ibn Saalih al 'Uthaymeen, p. 24, 60).
[11]. See Buyu `Fatawa wa Fiqh, Shaykh Muhammad ibn Saalih al 'Uthaymeen, p. 39.
[12]. Ibid., P. 413.
[13]. Ibid., P. 409-410.

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