With the Hadith
Contracts, Transactions, and Judgments Before the Establishment of the Caliphate
We greet you all, dear listeners everywhere, in a new episode of your program "With the Hadith," and we begin with the best greeting, so peace, mercy, and blessings of God be upon you.
Abu Dawood narrated in his Sunan, saying: Hajjaj bin Abi Yaqub told us, Musa bin Dawood told us, Muhammad bin Muslim told us, from Amr bin Dinar, from Abi Al-Sha'tha', from Ibn Abbas, who said: The Prophet, may God bless him and grant him peace, said: Every division that was divided in the pre-Islamic era remains as it was divided, and every division that Islam found remains according to the division of Islam.
The author of Awn al-Mabud said:
(Every division): A noun meaning the divided money. (Divided): In the passive form.
Al-Khattabi said: In it is a statement that the rulings on money, properties, and marriages that existed in the pre-Islamic era remain valid as they were judged in the days of ignorance, and nothing of them is reversed in Islam, and that whatever of these rulings occurs in Islam, then the ruling of Islam is applied to it anew, end quote.
Al-Mundhiri said, and Ibn Majah reported it.
Al-Hafiz Shams al-Din Ibn al-Qayyim, may God have mercy on him, said: And this is indicated by His saying, may He be exalted: {O you who believe, fear God and give up what remains of riba (interest)}. He commanded them to give up what they had not yet received of riba, and did not address what they had received, but rather validated it for them.
Likewise, regarding marriages, he did not address what had passed, nor the manner of their contract, but rather validated them and nullified from them what had a cause for nullification existing in Islam, such as marrying two sisters or more than four, which is similar to the remainder of riba.
Likewise, regarding money, the Prophet, may God bless him and grant him peace, did not ask anyone after his conversion about his money or how he acquired it, nor did he address that.
This is a principle of the principles of Sharia upon which many rulings are based.
Dear listeners:
In this noble hadith, the Messenger, may God bless him and grant him peace, clarifies how the Islamic state deals with the judgments, contracts, and transactions that were concluded in the pre-Islamic era... This is a ruling that applies to the judgments, contracts, and transactions that are concluded today according to secular laws in the absence of the rulings of the true Sharia... And the coming Caliphate state will deal with them soon, God willing, according to what the noble hadith guided to and what the noble verse commanded: {O you who believe, fear God and give up what remains of riba (interest)}, for this is what the noble Messenger, may God bless him and grant him peace, did when he established the first state of Islam in Medina. He did not invalidate the transactions, contracts, and judgments of the pre-Islamic era when their home became a home of Islam. After the conquest, he, may God bless him and grant him peace, did not return to his house in Mecca from which he had emigrated because his cousin Aqil bin Abi Talib had inherited, according to the law of Quraysh, the houses of his relatives who had converted to Islam and emigrated, and he disposed of them and sold them, including the houses of the Messenger, may God bless him and grant him peace, and the Messenger, may God bless him and grant him peace, did not invalidate that sale, but rather affirmed it and adhered to it. Al-Bukhari narrated in his Sahih from Usama bin Zaid, who said: I said, "O Messenger of God, where will you stay tomorrow?" - During his pilgrimage - He said: "Did Aqil leave us a house?"
He also did not invalidate the marriage contracts that the Muslim spouses had concluded before their conversion to Islam, whether they were immigrants or Ansar, but rather affirmed them after their conversion to Islam. In fact, when his son-in-law Abu al-Aas, the husband of his daughter Zaynab, converted to Islam, and Zaynab had converted to Islam and emigrated before him, he returned her to him on the first marriage contract that was concluded in the pre-Islamic era and before their conversion to Islam. Ibn Majah narrated from Ibn Abbas that the Messenger of God, may God bless him and grant him peace, returned his daughter to Abu al-Aas bin al-Rabee after two years with her first marriage.
Accordingly, contracts, transactions, and judgments that were concluded and their implementation ended before the establishment of the Caliphate are considered valid between their parties until the end of their implementation before the Caliphate, and the Caliphate's judiciary does not invalidate them nor does it move them anew, and likewise, lawsuits about them are not accepted anew after the establishment of the Caliphate, except that three cases are excluded from this:
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If the issue that was concluded and its implementation ended has a continuous effect that contradicts Islam, according to His saying, may He be exalted: {O you who believe, fear God and give up what remains of riba (interest)}. The Messenger, may God bless him and grant him peace, abolished the riba remaining on the people after they became in the Islamic state, and made them have their capital. Abu Dawood narrated from Sulaiman bin Amr from his father who said: I heard the Messenger of God, may God bless him and grant him peace, in the Farewell Pilgrimage saying: "Verily, all riba from the riba of the pre-Islamic era is abolished, you have your capital, you do not wrong and you are not wronged." Likewise, those who were married to more than four wives according to the laws of the pre-Islamic era, after the establishment of the Islamic state, were obligated to keep only four and separate from the rest. Al-Tirmidhi narrated in his Sunan from Ibn Umar that Ghaylan bin Salama al-Thaqafi converted to Islam and had ten wives in the pre-Islamic era, and they converted with him, so the Prophet, may God bless him and grant him peace, commanded him to choose four of them.
Thus, contracts that have a continuous effect that contradicts Islam, this effect must be removed upon the establishment of the Caliphate.
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If the issue relates to someone who harmed Islam and Muslims...
Because the Messenger, may God bless him and grant him peace, when he conquered Mecca, forfeited the blood of a few people who were harming Islam and Muslims in the pre-Islamic era. Al-Nasa'i narrated in his Sunan from Mus'ab bin Sa'd from his father who said: When it was the day of the conquest of Mecca, the Messenger of God, may God bless him and grant him peace, gave safety to the people except for four men and two women, and said: Kill them even if you find them clinging to the curtains of the Kaaba. Knowing that the Messenger of God, may God bless him and grant him peace, said: "Islam wipes out what came before it" narrated by Ahmad and al-Tabarani from Amr bin al-Aas, meaning that whoever harmed Islam and Muslims is excluded from this hadith.
Since the Messenger, may God bless him and grant him peace, pardoned some of them later, such as his pardon, may God bless him and grant him peace, for Ikrimah bin Abi Jahl; therefore, it is permissible for the Caliph to move the case against these or pardon them. This applies to whoever was torturing Muslims for speaking the truth or attacking Islam, for the hadith "Islam wipes out what came before it" does not apply to them, but rather they are excluded from this, and the case is moved against them according to what the Caliph sees fit.
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If it relates to usurped money existing in the hands of its usurper:
Because the Messenger, may God bless him and grant him peace, accepted the claim of a person against another whom he accused of usurping his land in the pre-Islamic era, and did not reject the claim. Muslim narrated in his Sahih from Wael bin Hujr who said: "I was with the Messenger of God, may God bless him and grant him peace, and two men came to him arguing about land. One of them said: This one has encroached on my land, O Messenger of God, in the pre-Islamic era, and he is Imru' al-Qais bin Abis al-Kindi, and his opponent is Rabia bin Abdan. He said: Do you have proof? He said: I have no proof. He said: His oath. He said: Then he will take it. He said: You have nothing but that. He said: When he stood up to swear, the Messenger of God, may God bless him and grant him peace, said: Whoever takes land unjustly will meet God while He is angry with him."
Accordingly, whoever seizes land, steals livestock, or money owned by individuals, or seizes money from public property or state property... that is by force, the claim is accepted in it.
As for other than these three cases, the contracts, transactions, and judgments of the pre-Caliphate era are not invalidated or moved as long as they were concluded and their implementation ended before the establishment of the Caliphate. For example, the court will not accept a claim from a person in a case in which he was unjustly judged, and the judgment was executed on him before the establishment of the Caliphate, because the case has occurred and the execution of the judgment has ended, and that person has nothing to do but entrust his matter to God. But if a man is sentenced to ten years, of which two years have passed, then the Caliphate is established, then here the Caliph can consider it, either by canceling the punishment from its origin, so he leaves prison innocent of what was attributed to him, or by being satisfied with what has passed, meaning that the judgment issued against him is considered two years and he leaves prison, or the remaining judgment is studied and the relevant Sharia rulings are taken into account in what benefits the people, especially issues related to the rights of individuals, and what reconciles people.
Dear listeners, until we meet you with another Prophetic hadith, we leave you in God's care,
And peace, mercy, and blessings of God be upon you.
