The Conceptual Idea of the Mua’Malat Fiqh Forensic in the Islamic Financial System

By Hailani Muji Tahir PhD

This book serves as the platform to educate people at all levels to understand the fundamentals of fiqh processes pertaining especially to the conceptual idea of the globalization of the Mu’amalat fiqh forensic particularly as the guideline for the innovation of various financial products in the Islamic financial system.

The main goal of this book is to illustrate the step-by-step procedure on how an arising issue is resolved through fiqh. The heart of all fiqh issues is the identification stage. All arising issues must first be identified whether they fall under the category of qat’iy (definitive) or zanni (speculative), whether they are the matter of usul (roots) or furu’ (branches), and whether they belong under the matter of ittifaq (consensus in agreement) or ikhtilaf (difference in opinion). Once all these have been properly identified, only then can the people in charge proceed with the next step of resolving the said issues.

In this current age of world without borders due to globalization, it becomes necessary for experts in the social and Islamic science fields to collaborate together to come up with a solution that simultaneously fulfills both the local and international market demands. Harmonization of these two different disciplines is difficult without proper guidance, and this book primarily strives to achieve that based on the author’s background of expertise and years of experience in solving numerous fiqh issues through this harmonization method.

• Language: English
• Publisher: Partridge Publishing Singapore
• Release date: May 20, 2019
• ISBN: 9781543751284

Hailani Muji Tahir PhD

Hailani Muji Tahir, PhD, is the former professor of Mu’amalat, economy, and Islamic financial in the Department of Sharia, Islamic Studies Faculty, Universiti Kebangsaan Malaysia (UKM). Dato’ Hailani has contributed a lot to the country through his researches, analyses, and writings on topics such as zakat, waqf, and bayt al-mal as well as his involvement in the country’s national budget and development.

Book preview

THE CONCEPTUAL IDEA OF THE

MUA’MALAT FIQH FORENSIC IN THE

ISLAMIC FINANCIAL SYSTEM

HAILANI MUJI TAHIR, PhD

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Copyright © 2019 by Hailani Muji Tahir, PhD.

All rights reserved. No part of this book may be used or reproduced by any means, graphic, electronic, or mechanical, including photocopying, recording, taping or by any information storage retrieval system without the written permission of the author except in the case of brief quotations embodied in critical articles and reviews.

Because of the dynamic nature of the Internet, any web addresses or links contained in this book may have changed since publication and may no longer be valid. The views expressed in this work are solely those of the author and do not necessarily reflect the views of the publisher, and the publisher hereby disclaims any responsibility for them.

www.partridgepublishing.com/singapore

CONTENTS

Foreword

Introduction

PART ONE

The Conceptual Idea of the Science and Mind of the Mu’amalat Fiqh

Chapter 1 The Conceptual Idea, the Structure of Knowledge and Guidance

Chapter 2 The Concept and Philosophy of the Science of Knowledge

Chapter 3 The Integration of Knowledge and Practice

PART TWO

The Concept and Principle of Mu’amalat in Financial Transaction

Chapter 4 Reasonableness, Easiness and Flexibility

Chapter 5 Discipline of Knowledge and Its Mastery

Chapter 6 The Sources of Law and Legislation

PART THREE

The Instrument and Mechanism of the Comprehensive Mu’amalat Fiqh Forensic

Chapter 7 The Fundamental of the Comprehensive Fiqh Forensic

Chapter 8 Arabic Language

Chapter 9 The Fundamental of the Comprehensive Mu’amalat Fiqh Forensic

PART FOUR

The Dynamics of Sharia and Mu’amalat in Islamic Financial System

Chapter 10 The Dynamics of Sharia and Mu’amalat

Chapter 11 Core Comprehension on the Dynamics of Fiqh

Chapter 12 Laws, Contracts and Areas of Activities

Chapter 13 The Essences of the Principle of Contracts and Restrictions

PART FIVE

The Application of the Comprehensive Mu’amalat Fiqh Forensic in the Islamic Financial System

Chapter 14 Mujtahid and the Istinbat Expertise

Chapter 15 Application of the Comprehensive Mu’amalat Fiqh Forensic

Chapter 16 The Position of Sharia Law and Consultancy

Chapter 17 Legal Issues and Constraints

Chapter 18 Conclusion

References

Conclusion

Abbreviations

FOREWORD

The purpose of this book is to introduce readers the Conceptual Idea of the Globalization of the Mu’amalat Fiqh Forensic. It serves many functions, but primarily as the platform to innovate various financial products in the Islamic financial system at local, regional and international level. Understanding the core structure of the Comprehensive Mu’amalat Fiqh Forensic is essential for those who seek to observe how its comprehensiveness is capable of resolving any arising economic and financial issues.

Using various fiqh maxims, tools and instruments, all issues can be resolved through a systematic step by step guideline. This is done in order to preserve the five important foundational goals (religion, life, intellect, lineage and wealth) as outlined in the maqasid al-sharia. Anything that could jeopardize the maqasid al-sharia must be given the utmost attention and priority to ensure that just, peace, harmony and welfare of the people, society and nation is prevalent at all times.

Most issues in mu’amalat is resolved based on the maxim that All worldly customs are permissible unless explicitly forbidden. The heart of all fiqh issues is the identification stage. An arising issue must first be identified whether it falls under the category of qat’iy (definitive) or zanni (speculative), whether it is the matter of usul (roots) or furu’ (branches), and whether it belongs under the matter of ittifaq (consensus in agreement) or ikhtilaf (difference in opinion). After all these have been identified properly, only then can the arising issue be resolved.

The uniqueness of the science in the din al-Islam is pivoted by the three dimensional relationship between Allah, human and makhluqat (nature). Additionally, Allah assures that His guidance will always come to those who seek to find the truth through His system. That al-Kitab no doubt is hudan (guidance) to those who observe taqwa (al-Baqarah 2: 2) and those who have faith in the superiority of His system.

However, simply by having knowledge without having the right kind of attitude is insufficient. The community will still face the issue of fard kifaya if those who obtained this knowledge do not apply everything they know into practice. Regarding this, experts of the social and Islamic sciences must collaborate together to resolve any arising issues for the sake of the community and nation. This book will share all that is needed to know from the basic concept up until the practical application on how to resolve any mu’amalat fiqh issues, and it is hoped that all people from various background can benefit from this book.

INTRODUCTION

PART ONE: The Conceptual Idea of the Science and Mind of the Mu’amalat Fiqh. Islam is the religion of fitra that fulfills the latent human needs and desires as the creation of Allah (al-Rum 30: 30). All creations including human have been preordained with the necessary aptitude to be able to face with any possibilities and challenges in this world. Allah the Creator knows and encompasses His creations fully from the aspect of their strength and weakness, their need and priority, and the method to resolve and strengthen them in order to nurture them so that they can reach their potential. In this matter, Allah has already explained that: "We have neglected nothing in the al-Quran" (al-An’am 6: 38). Everything has already been recorded in it perfectly. And if one wants to understand something thoroughly, then: "Ask ahl al-zikr if you do not know" (al-Nahl 16: 43).

Humans are the most perfect of all Allah’s creations (al-Tin 95: 4). They are made as the caliph of Allah to manage all the resources that He had provided on the earth. To be able to complete this task, He has imparted them with His words to guide them as well as to test them so that He could see how good they are at fulfilling their potential and completing this responsibility. Allah has revealed that He will either reward or recompense someone based on the choices that he made. Everyone is held accountable for his choices, and Allah will return him back with exactly what he deserves. Everything that Allah created was made to be in pairs (al-Naba’ 78: 8 & Yaasin 36: 36). This includes night and day, land and sea, beauty and ugly, and also the concept of rewards and recompense. These were created by Him as lessons for those who have intelligence (al-Hasyr 59: 2 & al-Nur 24: 61).

Knowledge is the key to everything, and there are fundamental sciences that are related to the essence of knowledge. In Islam, the essentials to the science of knowledge has already been prepared. It is not something that must be sought after blindly nor is created purely through intellect without any clear guidance. The essentials of the science of knowledge, or the haqiqa of knowledge, is the al-Quran. Allah has promised that whoever accepts His system by kulli (wholly and holistically) is guaranteed to achieve absolute success. And whoever submits with taqwa to Him will surely be given the way out (al-Talaq 65: 2).

Knowledge itself has no merit if is not followed by practice. However, simply knowledge and practice also has no merit if is not done with sincerity and taqwa to Allah. This is where the Comprehensive Mu’amalat Fiqh Forensic enters into the scene where its fundamental goal is to guide people to attain the harmonious three dimensional relationship, and through it the four items (knowledge, practice, sincerity, taqwa) can be combined together in the act of ibadah. If you support in the cause of Allah, He will support you and make your foothold firm (Muhammad 47: 7). The specialness and uniqueness of Islam can only be observed when it is believed and practiced in fully (al-Baqarah 2: 208). This being the case, Muslims must always prioritize the implementation of a practical and comprehensive Islamic approach to resolve the current economic and financial issues. This should be cultivated as the norm of a Muslim society such that it is treated as a common knowledge and practice for the people today.

In the maxim of fiqh, if the absence of a matter makes another matter becomes incomplete, then the former matter is considered as compulsory. For instance, this can be seen in the importance of wudu in regards to salah. If one skips one of the obligatory steps in wudu, then his wudu is considered invalid. If he performs salah while he is in the state of invalid wudu, then his salah is considered to be void. A valid wudu is compulsory for the salah to be valid. Similarly, this is actually the importance of the Comprehensive Mu’amalat Fiqh Forensic from the context of fard kifaya. If no one is doing anything to protect the knowledge and practice of mu’amalat fiqh in this age and everyone is ignorant of it, then the obligation of fard kifaya will befall upon all Muslims in the country, especially to the nation leaders. Everyone would be in the state of sinning to Allah. However, if, for instance, the fiqh of mu’amalat is treated as a required curriculum in the education system, then a generation who are not ignorant of the mu’amalat fiqh can be developed thus the responsibility of fard kifaya will be lifted from all Muslims in that country. And if the same system is applied globally, then the same responsibility of fard kifaya is lifted from all Muslims around the world.

The focus of discussion of Part One is on the Conceptual Idea of the Science and Mind of the Mu’amalat Fiqh. This part consists of three chapters. Chapter 1 covers on the Conceptual Idea, the structure of science and guidance in Islam, the need and prioritization of knowledge, and finally the uniqueness of the Islamic science. Chapter 2 covers on the concept and philosophy of Islamic science for the purpose of identifying the synergy between knowledge and human nature, mind frame, and the concept and philosophy of mu’amalat fiqh as the propeller of the globalization of this Conceptual Idea. Chapter 3 covers on the integration of knowledge and practice in the globalized world of commerce.

PART TWO: The Concept and Principle of Mu’amalat in Financial Transaction. This part has three chapters. Chapter 4 covers on the fairness of the principles of mu’amalat, which are murunah, easy and flexible. This includes the explanation of the concept, scope and structure of mu’amalat, the uniqueness of the sects of madhab, and the principles of sharia and mu’amalat that are involved and applied in financial transactions. Chapter 5 covers on the basic overview of the social and Islamic discipline of sciences. Chapter 6 covers on the important sources of Islamic law which consists of primary, secondary, tertiary and complementary sources, and the spirit of Islamic law.

By understanding how to harmonize the social and Islamic sciences, this facilitates the process of the applying the comprehensive mu’amalat fiqh forensic into the Islamic economy and financial system. Those who are not able to master the tools and mechanism of the mu’amalat fiqh forensic can still contribute their opinions and ideas in other areas that require their expertise to ensure that the process of deciding a new law ruling can be done smoothly and effectively. The assimilation of the social and Islamic science allows for a more meaningful discussion and a more solid solution to resolve any arising issues.

PART THREE: The Instrument and Mechanism of the Comprehensive Mu’amalat Fiqh Forensic. This part has three chapters. Chapter 7 covers on the basic tenet of Islamic laws, principles and rules. This includes both the core and complementary instruments required to perform istinbat, which are usul al-fiqh, qawa’id al-fiqh, ‘ulum al-Quran, ‘ulum al-hadith and fiqh al-sirah. Chapter 8 covers on the fundamental sciences of the Arabic language as well as its associated tools, such as sarf, nahu, balaghah, bayan and mantiq. Chapter 9 covers on the essentials of contracts and all the related theories. This includes the rights theory, wealth theory, property theory, pillars and conditions of a contract, forms of contract and others. Mastering all the skills of the topics that are compiled in this part is compulsory for a mujtahid to be able to make sound judgment and decisions when facing with various challenges in the competitive financial market of the local, regional and even international level.

PART FOUR: The Dynamics of Sharia and Mu’amalat in the Islamic Financial System. This part consists of four chapters. Chapter 10 covers on the definition of sharia and mu’amalat, the associated evidences and the wisdom behind its ruling. Chapter 11 explores the basic understanding of the dynamics of mu’amalat fiqh from the aspect of the identification of issues, layout of argument, needs and priority, and the rationality of choice, rights and responsibility. Meanwhile, Chapter 12 and Chapter 13 explain the more-than-seventy principles of mu’amalat activities that have been compiled into seven categories according to goals and objectives. Besides the general principles (hurriyah, ‘adalah, taswiyah, tadhiyah) and specific principles (tazkiah, ukhuwwah, ihsan, kafalah), other principles such as honesty, trustworthy and sincerity are also important elements in mu’amalat. Similarly, other related essentials such as laws, principles and rules, contracts and core activities must also be understood clearly such that all arising issues can be identified correctly to determine the most appropriate course of action in resolving them. The in-depth explanation of the four chapters mentioned above will illustrate the dynamics of mu’amalat fiqh in facing with the unpredictable challenges in the Islamic economy and financial system.

Allah has already explained that al-Quran undoubtedly guides to the path that is most just, and is the bringer of good news to those who believe and do righteous deeds that they will definitely be rewarded greatly for all their endeavors (al-Isra’ 17: 9). Therefore, read and investigate (al-‘Alaq 96: 1 – 5) since everything that Allah has created on the face of this earth is nothing but for the sake of mankind (al-Baqarah 2: 29). Believe that if all the trees on earth were made pens, and seas were made ink with sevenfold more of it is added to it, that even so, the words of Allah will never be exhausted to be written down by anyone" (Luqman 31: 27). Allah has revealed that knowledge that humans currently have access to is very little (al-Isra’ 85: 15), and that a knowledgeable man should never pride himself with his knowledge since no matter how masterful he is in his field, there is bound to be others who are better than him (Yusuf 12: 76). Believe that al-Quran is the book of guidance for those who have taqwa (al-Baqarah 2: 1 – 5).

PART FIVE: The Application of the Comprehensive Mu’amalat Fiqh Forensic in the Islamic Financial System. This part consists of four chapters. Chapter 14 explains the definition of mujtahid, economist, ijtihad and istinbat. It specifies on the required mastery that a mujtahid must have in regards of the instrument and mechanism of mu’amalat fiqh, and also the required pillars and conditions to exercise istinbat. Chapter 15 analyzes the application of the comprehensive forensics in terms of needs, priority and muwazanah, while identifying the issue of laws, methods and application of istinbat in the instrumentation of the derivative market and others. This includes the method to identify sharia compliant companies in the Security Commission’s (SC) list of companies. Chapter 16 focuses on the position of the Legislative and Sharia Advisory Council (MPS) in the SC. It relates the issue of rules and regulations, and the structure and jurisdiction in making decision regarding products that are being listed and implemented in the SC. Here, both the mujtahid and economist must collaborate with each other since both the social and Islamic discipline of sciences are required together. Chapter 17 covers on the legislation issues associated with certain acts that are related with mu’amalat, banking, insurance and products in the financial system. These include the Contracts Act 1950, Company Act 1965, Stamp Duty Act 1959, Real Property Gain Tax 1976, Islamic Banking Act 1983, Banking and Financial Institution Act 1989, Central Bank Ordinance, Central Bank’s Directives, Government Investment Act 1983, Insurance and others.

PART ONE

The Conceptual Idea of the Science and Mind of the Mu’amalat Fiqh

CHAPTER 1

The Conceptual Idea, the Structure of Knowledge and Guidance

Introduction

The Conceptual Idea (taken from the words concept and idea) refers to a notion that is well planned, structured and layered, and is related to the thoughts and constructs of the mind. It is something that is grand, large, strong, steady, unique and complete. Its grandeur suggests that this magnificent idea originates from something that is vast, global, jami’, mani’, complete, perfect and comprehensive. It can be preserved, implemented and also survive in any kind of situations, challenges and competitions. It is also something that is derived from a structure of knowledge that is strong, robust and integrated, and can be defended, expended and developed. It is a system that consists of tree and taproot (aqidah), a cluster of twigs and branches (sharia), and leaves and fruits (akhlaq). Based on that imagery, its structure is something that was already predetermined, and complies with the requirements of need, sequence and priority, which is ‘aqidah, naqliyah and ‘aqliyah. ‘Aqidah is the unwavering faith in the divine system, naqliyah is matters that are based on evidence, and ‘aqliyah is the wisdom of the mind in resolving issues. Rearranging this structure will affect the strength of the system. And when this happens, then the one who will be held responsible is not Allah but whoever had altered it that the resulting consequence could potentially violate the fitra needs and demands of His creations. In all, this is the Conceptual Idea of the science of knowledge of Rabbani. It is the Conceptual Idea of the divine revealed knowledge.

Mau’izah and Hidayah

The foundation to the science of the Conceptual Idea is available in the al-Quran, specifically in Surah Luqman. Various recommendations and lessons according to need, sequence and priority is conveyed in the surah in the form of Luqman al-Hakim giving mau’izah (loving consultation) to his son. Those who were entrusted with managing and implementing the Conceptual Idea should observe the mau’izah solidly, cohesively, kulliy and wholly. And they cannot have the attitude of only accepting some parts while rejecting the rest. The mau’izah of Luqman al-Hakim is divided into a set of prohibitions and a set of commands, as well as the explanation behind it.

Firstly, the three main things that he forbade, in the order of sequence of importance, are:

1. Committing shirk (associating partners / disputing / disbelieving in the divine system).

2. Being pompous and arrogant.

3. Walking on the face of the earth (controlling the world) stubbornly and conceitedly (mukhtalan fakhura).

Next, the nine things that he commanded are to:

1. Be grateful to Allah for all the blessings that He has given.

2. Be kind and thankful to parents.

3. Be kind to the acquaintances of parents, and be patient to any mishaps.

4. Follow the path of the prophets and righteous people.

5. Offer salah five times day and night.

6. Advocate for the better (al-amr bi al-ma’ruf).

7. Prevent wickedness (al-nahy’an al-munkar).

8. Be humble when walking and conducting affairs.

9. Practice humility, and always lower one’s voice.

Finally, the reasons behind the mau’izah are:

1. The prohibition to commit shirk because it is the greatest sin and zulm (wrongdoing).

2. The prohibition to be pompous and arrogant because Allah dislike the people who do so.

3. The prohibition to be stubborn and conceited because Allah hates those attributes.

Islam gives a clear guidance to establish a solid base of knowledge that imparts the wisdom of Allah the Almighty (al-An’am 6: 38). He sends the al-Quran down to give explanation for everything, to bestow His guidance and blessing, and to deliver good news to those who submits to His divinity (al-Nahl 16: 89). The supremacy of His knowledge is illustrated as something limitless, vast and expansive such that even if studies were conducted using ink as bountiful as the seas and sevenfold more seas of ink were added to it, that even so, those studies will never cease to reach absolute conclusion (Luqman 31: 27 and al-Kahfi 18: 109). Allah has prepared an all-around Conceptual Idea that benefits mankind from all aspects unimaginable. This knowledge is something that He bestows to a chosen few from time to to assist leaders in governing the nation. This has been explained in the Prophet’s al-hadith, where, "Allah will send at the beginning of every century a muslih (reviver) who will rejuvenate and restore his religion to its rightful place." ⁶ Sahih Hadith.

The Conceptual Idea of the Science of Rabbani

The science of Rabbani, or the divine revealed knowledge, is a special knowledge that is bestowed to several few whom Allah wills, and He will do so at the beginning of every century. These chosen individuals will have exceptional abilities as has been described in the al-Quran (Fussilat 41: 30 and al-Isra’ 17: 79). If they were to lead any institutions and hold any national leadership posts, all Muslims must extend their encouragement, guide, support and protection so that they can carry out their responsibility of ijtihad and jihad for the sake of developing the nation and ensuring that the maslahah (the best of public interest) of the people is preserved at all times.

The special position of these individuals does not mean that they should skip the step of improving themselves and building their self-confidence, nor they should stop exploring nor expanding the knowledge of Allah. On the contrary, they should instead double up their efforts in all these areas, and much more since it was mentioned in the al-hadith, Whoever Allah wills for him goodness, then he has to have an in-depth understanding of the religion. ⁷ Individuals who are given this in-depth understanding can only achieve so through enduring a greater effort of improving themselves as compared to others. They might be able to understand many things unusually fast and see things at different perspectives, but they still have to go through the same usual process to gain knowledge, that is, through studying. And they have to cover a broader scope of fields and subjects to have a comprehensive view of everything. This is especially true if they were to become leaders of the community and nation. More notably, they have to have a clear insight, mission and vision in regards of what needs to be done. If their intentions are pure, clean, and sincere – whether as an individual or as a leader that is mukmin, muhsin and muttaqin – then whatever affairs they are handling will surely be imparted with the guidance of Allah. They will always be inspired to be able to continuously conduct islah (rectifying and improving), especially for the development of their nation and also to be righteous in their leadership to their people. This is the most exceptional of knowledge imparted directly by Allah to those He chooses, usually to those who are committed in their nightly ibadah (nafilah / qiamulail) that is done with istiqamah (regularly and continuously) in praying for Allah to bestow goodness to themselves, and to their family, neighbors, society and nation.

The Structure and Prioritization of Knowledge

The progress and success of a nation and its culture depends on the uniqueness of the structure of knowledge that is adopted by its people, the advancement of its product development and innovation, and the effectiveness and competency of the governance of its administration. All these require, firstly, the commitment and insight of its leader, and, secondly, the will and support of its people at all levels. This was how things were in the history of Khulafa’ al-Rashidin during the glorious moments of Islam, continued by the institutions of Caliphate Umayyah and Abassiyah, and later on followed by the era of Sultan Muhammad al-Fateh ⁸. Muslims back then had successfully became the world renowned civilization due to having a firm grasp of belief in their faith, and having an in-depth understanding of the religion of Islam. They were the exemplary Muslims who were integrated, cohesive and comprehensive in combining the needs of this world and the hereafter. The world history recognizes that Sultan Muhammad al-Fateh and his troops of more than 130, 000 people had accomplished the impossible by capturing the city of Constantinople on the 19th April 1453. This success was primarily attributed to his unswerving faith in the divine-revealed wisdom where Allah had promised to deliver a muslih (reviver) at the beginning of every century who will restore the religion of Islam to its rightful place, and his full conviction that he will be the one to accomplish so for the people of his era.

From historical aspect, Muhammad al-Fateh was born on the 26th Rejab 833 Hijri – or equivalent to the 20th April 1429 AD – and was raised at a place known as Adirnah. During childhood, he was taught horse riding, archery, and swordsmanship. He was nurtured by a well-known sage, al-Sheikh Muhammad Ismail al-Kurani, who had taught him to master several disciplines of knowledge; notably the sciences of the al-Quran, al-hadith and fiqh, and also the languages of Arabic, Persian and Turkish. Moreover, he was very dedicated in practicing one specific ibadah that is recommended by the al-Quran, and he was committed to it with full confidence and istiqamah, which is: "And during a part of the night, perform the tahajjud salah as your nafilah salah. It may be that your Lord will raise you up to a commendable place" (al-Isra’ 17: 79). Believing and convincing that the person chosen by Allah will be among those who are committed in performing the tahajjud salah, he never once skipped this nightly routine ever since he was a teenager. A supplication made by Rasulullah SAW that, Constantinople (Istanbul) will be conquered by a Muslim troop. Its king is the best of kings, and its troop is the best of troops (Musnad Ahmad) further strengthened his conviction since he was led by the desire to become the best of kings and supported by the best of troops. This hadith had greatly ignited the spirits of Sultan Muhammad al-Fateh and his troops in capturing the city of Constantinople (Istanbul). The city was located in the Byzantine Empire and, during that period, was an important pathway to Europe.

Since the age of the companions, various military campaigns had already been made to capture the city, but they were all utterly defeated. After 800 years, Allah SWT finally answered the supplication of Prophet Rasulullah SAW, and the city was conquered during which it was at the peak of its glory in terms of military prowess and defense. It was unimaginable how a fortress with four layers of thickness, twelve meters of height and surrounded by moat, which was built by the Byzantine Empire, managed to be penetrated by the troops of Sultan Muhammad al-Fateh. Moreover, al-Fateh’s troop managed to sneak in their ships into the waterway of Golden Horn by crossing through the hills via land route. Through hard labor, they had physically pulled seventy two ships through the hills from the Straits of Bosphorus to get to the Golden Horn waterway. No one could have imagined how all these could happen in just one night. It was believed that the nightly nawafil routine of al-Fateh that was performed with istiqamah each day, as well as by his troops, had contributed in the miracle of accomplishing this amazing feat in that one night.

Muhammad al-Fateh had already started devising strategies to capture Constantinople as early as after his coronation to the throne in 855H / 1452M. His desire to capture the city had already manifested during the campaigning era of his father, Sultan Murad II, an Ottoman leader. He launched his very own first campaign on the 44th Hijri, but it was unsuccessful. Unfazed with that setback, coupled with his determined will and backed by the persistency of his troops, he resorted to technology and commandeered the building of a cannon that is capable of shooting for as far as two kilometers per bullet. On 19th April 1453, more than 130, 000 Muslim troops arrived in Constantinople. However, they were unable to advance their assault due to a blockage at the Straits of Bosphorus since the Byzantine Empire troops had already installed metal chains running across the straits that obstructs the Muslim troops’ ships from reaching the Golden Horn waterway. Al-Fateh and his troops launched cannon attacks, which lasted for forty eight days, but Constantinople still stood unscathed.

Due to the lack of progress, one night, Muhammad al-Fateh devised a new strategy and commanded his troops to relocate their ships via land. It was a miracle how all those ships managed to cross the hill in that one night. The following morning, the Christian troops were stunned to see seventy two Muslim battle ships were already located on the other side of the Straits of Bosphorus, while the metal chain crossing the straits remained undamaged. With passionate spirit of jihad, he exclaimed, I am willing to die (matyr)! Whoever else wants to die, come with me! His speech reignited the burning spirit of the Muslim troops. A warrior named Hasan Ulubate, along with thirty other soldiers, assaulted into the enemy’s fortress. This small group succeeded in raising their flag inside the fortress. This managed to further flare up the burning spirit of the Muslim troops, and they became even more determined. Relentlessly, they fought hard hoping for martyrdom. By the will of Allah, Constantinople was finally captured. Hasan Ulubate and his thirty soldiers all got martyred.

This event proved that simply physical strength, military prowess and technological advancement were insufficient in opposing the kuffar. When seizing the city of Constantinople, Muhammad al-Fateh and his troops had been in the state of supplicating with deep intimate prayer (munajat) to ask for Allah’s assistance and guidance to attain victory. Furthermore, even before their attempt to capture the city, they had been rigorous and committed in performing the nightly nawafil routine, tahajjud, knowing that Allah has promised to elevate the position of those who do so to be the best of people. And they hoped to achieve to be the best of kings and the best of troops. With a strong conviction and belief in the promises in the al-Quran and al-hadith, backed by the supplication made by Rasulullah SAW in the past, fueled by the undeterred determination of al-Fateh and his troops, and most importantly, along with the assistance of Allah, the impossible was finally achieved. The truth finally prevailed over the false, as Allah explains in surah al-Isra’ (17: 81), And say, the truth has come and falsehood has vanished. Surely, the falsehood is ever bound to vanish.

Muslims should always have faith in the truth with absolute conviction, and also to observe taqwa at all times since Allah has promised that He will lift the hardship of those who do so with His provision of a way out (al-Talaq 65: 2). Moreover, "Whosoever have taqwa with Allah, He will surely ease up their affairs for them" (al-Talaq 65: 4) and they are promised that He will eventually grant them easiness after their hardship (al-Talaq 65: 7). Therefore, those who makes effort, prays and tawakkal (puts trust to Allah) will surely be granted with whatever he is striving for. Eventually, iman and taqwa will elevate a Muslim to a Mu’min, and raise his position to be among those who Allah has acknowledged as muslihin and muhsinin (al-Mu’min 40: 6 & Ali Imran 3: 159). Allah promises that these people will be granted with His grace, blessing and ultimately, pleasure and satisfaction.

Few centuries after this historical event, and after colonization had taken over the nation of Islam, the attitude of Muslims has now changed. Current Muslims have little or no confidence in the system of Islam. Fard ‘ayn and fard kifaya are being separated when both are equally important and necessary that completes each other. Fard ‘ayn is individual duty that every Muslim is required to perform whereas fard kifaya is the sufficiency duty that is imposed on the whole community. Leaving the fard ‘ayn means that the particular individual has sinned, whereas leaving the fard kifaya means that the whole community has sinned. As long as there exist only one representative that fulfills the requirement of fard kifaya, then the whole community is saved from being in the state of sinning to Allah.

Muslims must be nurtured to regain their confidence in the system of Islam. This can be achieved by returning back to the fundamentals and ensure that they understand the true structure of knowledge and its importance. The sciences of ‘aqidah, naqliyah and ‘aqliyah