Wednesday, March 29, 2023

Taqwa : Its Benefits in this Dunya and Akhira (1)

"A man hobbled into the hospital and asked for his foot to be X-rayed," said the Moon when her light began to shine, after greeting with Basmalah and Salaam.
"Having discovered it wasn’t broken, a nurse took the man back to the waiting area. Then a doctor arrived, handing the man a surprisingly large pill.
Just then, the doctor’s beeper went off, and he excused himself from the room.
Still hurting, the man looked at the big pill. How on earth am I going to swallow that? he thought. But he was in a lot of pain, and he didn’t know how long the doctor would be. So he closed his eyes and forced himself to swallow the tablet. It was horrible.
Just then the doctor returned with a basin full of hot water.
'Okay,' he said. 'Just dissolve the pill in the water and soak your foot in it for a while.'"

"Indeed, the advice which Allah has given to His servants from the time of Adam up until now, has been to have taqwa (fear) of Allah,"
"Taqwa is a treasure which each one of us, should seek and complete for, as the virtues, blessing and fruits attached to it are vast. Fearing Allah is the shield for us and our families in this life, for whoever fears Allah, then he is protected. It is from amongst the best provisions for a believer, benefiting him in this world, easing his affairs for him, protecting him from Shaytan, causing him to enjoy high station in the world, as well as ease and good tidings at the time of death.
According to Shaikh Saleh Al-Fawzan, the linguistic meaning of Taqwa in the Arabic language: is to place a barrier or protection between yourself and that which you dislike, similar to one who wears a garment out of fear of the cold or heat, or who wears an armour, fearing the enemy's arrows, or similar to one who builds a fortress in order to protect himself from the plots of his enemy, or wears shoes to protect his feet from the heat of the sun-baked ground or thorns. The one performing these actions protects himself from the harmful things which may befall him.
Contrary to this, Taqwa [fear] of Allah is not attained by wearing protective garments or by building a fortress, nor is it attained by gathering weapons or troops. But the Taqwa attained by being obedient to Him, and by fulfilling His ordersm and abstaining from what He has forbidden.
Therefore, the meaning of Taqwa (the fear of Allah): is that you act upon that which Allah has ordered, hoping for His reward, and that you abandon disobedience to Him, fearing His punishment.
This is similar to the meaning of the verse:
يٰٓاَيُّهَا الَّذِيْنَ اٰمَنُوا اتَّقُوا اللّٰهَ حَقَّ تُقٰىتِهٖ وَلَا تَمُوْتُنَّ اِلَّا وَاَنْتُمْ مُّسْلِمُوْنَ
'O you who have believed, fear Allāh as He should be feared and do not die except as Muslims [in submission to Him].' [QS. Ali 'Imran (3):102]
Meaning, that an individual does not forsake those actions which Allah has ordered, rather he fulfils them, and in the same manner, he does not carry out those actions which Allah has prohibited, but rather he abstains from them.

This definition of Taqwa, at the same time is the answer why we should have Taqwa. Abdullah ibn Masood, radhiyallahu 'anhu, commented in regards to this verse,
اتَّقُوا اللّٰهَ حَقَّ تُقٰىتِهٖ
'... fear Allah as He should be feared ...' [QS. Ali 'Imran (3):102]
'Fear Allah (by doing all that He, Subhanahu wa Ta'ala has ordered and by abstaining from all that He has forbidden) as He should be feared. [Obey Him, be thankful to Him, and remember Him always]. [Taqwa] is that He is obeyed and not disobeyed, and that He is remembered and not forgotten, and that He is thanked and not shown ingratitude.' So, whoever does this has feared Allah as He truly deserves to be feared.
No one is truly able to implement all that Allah has ordered without leaving anything out, nor are they truly able to abstain from all that He has forbidden, and for this reason some of the companions found this verse disturbing, so Allah revealed,
فَاتَّقُوا اللّٰهَ مَا اسْتَطَعْتُمْ وَاسْمَعُوْا وَاَطِيْعُوْا وَاَنْفِقُوْا خَيْرًا لِّاَنْفُسِكُمْۗ وَمَنْ يُّوْقَ شُحَّ نَفْسِهٖ فَاُولٰۤىِٕكَ هُمُ الْمُفْلِحُوْنَ
'So fear Allah as much as you are able, and listen and obey, and spend [in the way of Allah]; it is better for your selves. And whoever is protected from the stinginess of his soul - it is those who will be the successful.' [QS. At-Taghabun (64):16]
So, when a person performs as many righteous actions as possible, he has feared Allah as much as he is able, due to the fact that Allah does not burden a soul more tliat it has the strength to bear, and this is from His Mercy. 
When the servant strives in obedience to Allah and abstains from that which He has forbidden, Allah excuses him regarding that which he is unable to withstand and this is why the Prophet (ﷺ) said,
فَإِذَا نَهَيْتُكُمْ عَنْ شَىْءٍ فَاجْتَنِبُوهُ، وَإِذَا أَمَرْتُكُمْ بِأَمْرٍ فَأْتُوا مِنْهُ مَا اسْتَطَعْتُمْ
'... So, if I forbid you to do something, then keep away from it. And if I order you to do something, then do of it as much as you can.' [Sahih Al-Bukhari]
Shaikh Al-Fawzan then explained about 'and do not die except as Muslims [in submission to Him].' This is an order from Allah that the believer sliould not die except as a Muslim, holding firmly to his religion.
But does a person possess the ability to die as a Muslim or is this in the Hands of Allah? Indeed, this is in the Hands of Allah, but what is meant by His saying 'fear Allāh as He should be feared and do not die except as Muslims [in submission to Him]' is that you remain firm upon pure faith and the religion of Islam, and whoever remains finn upon this, has performed those actions which causes Allah to grant him a good ending, because whoever leads a particular lifestyle dies upon that. Therefore, this contains an encouragement for a person to hold firm to and be patient upon his religion so that death does not come to him while he is being disobedient to Allah, resulting in an evil end for him, in view of the fact that a person generally dies upon the particular lifestyle he leads.
So, whoever leads a life of obedience to Allah, loving Him and His Messenger (ﷺ), he has brought about the cause for his good ending. But as for tlic person who docs actions in opposition to the obedience of Allah, then this person has carried out actions which cause him to die an evil end, so one needs to be aware of this.
Many counsels given by Shaikh Al-Fawzan, among others: how to strengthen the unity among the Ummah, but we'll discuss it in another session, Insha Allah.

Now, we'll see what Shaikh ibn Salih al-Uthaymin, rahimahullah, told us about Taqwa. But first, who is Shaikh ibn Salih al-Uthaymin? Abu Abdullah, Muhammad ibn Salih ibn Muhammad ibn 'Uthaymin al-Wuhaybi at Tamimi, was bom in he town of 'Unayzah on the 27th of the blessed month of Ramadhan in the year 1347 H [March 9, 1925]. He first memorised the entire Qur’an, and then continued to seek knowledge. He learned writing, arithmetic and other disciplines. He studied fiqh and the laws of inheritance with prominance Scholars.
In the year 1371H, he began teachingin the congregational masjid; and when the educational institutes were opened in Riyadh he joined them in the year 1372H.
Shaikh Uthaymin has a vast number of valuable books, from which the people gain benefit, on the subjects of Aqidah, Fiqh and its principles, admonition, advice and da'wah, and a large portion of which are taught by the ministry of education of the Kingdom of Saudi Arabia. He passed away on Wednesday, the 15th of Shawal 1421H [January 10, 2001], when he was 74 years of age. May Allah have mercy on him. Allahumma Amien.

Taqwa in Shaikh Uthaymin view does not differ from Shaikh Al-Fawzan. The meaning of taqwa is that the servant puts bettveen himself and that which he fears, a guard that will protect him.
The word taqwa is a derivative of the word ‘ittaqa,’ from the root word ‘waqa’, which means, 'he protected himself from that which harms him.' Essentially, this is what taqwa is—a protection from that which harms the self.
The meaning of taqwa regarding Allah’s servants is ‘That the servant puts between him and that which he fears, i.e. gaining the anger and the wrath of his Rabb, a guard which will protect him. By obeying Him and abstaining from disobeying Him.

Here are some sayings of our Pious Predecessors, in explaining the meaning of Taqwa:

Abd Allah Ibn Abbas, radiyallahu 'anhu said, 'The ones who fear Allah, they are the ones who are wary of Allah and His Punishments.

Abu Hurayrah, radiyallahu 'anhu, was asked about Taqwa, so he asked the questioner whether he had trodden a thorn infested path. The man said he did. Abu Hurayrah asked him how he walked on it. The man said, 'When thorn, I kept away from it because I might be pricked by it.’ Abu Hurayrah said, ‘That is exactly what means (to take actions to avoid sins).'

Ibn Rajab, rahimahullah, said,‘The essence of taqwa is to make a shield (which guards) against Allah’s anger and punishment. That shield is to obey His commandments and abstain from His prohibitions.'

Hasan al-Basri, rahimahullah, said, 'The ones who have taqwa, protect themselves from what Allah has prohibited and act upon what He has commanded. Taqwa remains with them until they forsake many halal things fearing that they could be haram.'

Abu al-Darda, radiyallahu 'anhu, said, ‘The complete form of taqwa is to fear Allah so much that one begins to fear Him from the potential sin, as a mustard seed and until one leaves what might be halal in the fear that it could be haram based on the verse, 'So whoever does an atom’s amount of good, he will see it; and whoever does an atom's amount of evil, he will see it.' So do not prohibit any goodness and act upon goodness. Do not underestimate any evil, and protect yourself from it.

Talq ibn Habib, a famous tabi'i, known for his knowledge, piety and his recitation of the Qur'an, said, 'If an ordeal appears amongst you, extinguish it with taqwa.'
When asked what is taqwa, he replied, 'Taqwa is that you act in obedience to Allah, and hope in His mercy, upon a light from Him; and taqwa is leaving acts of disobedience to Allah out of fear of Him, upon a light from Him. [Related by Ibn Abi Shaybah, declared Sahih by Shaykh al-Albani]

Abu Umamah, radhiyallahu 'anhu, said, 'I heard the Messenger of Allah (ﷺ) giving a Khutbah during the Farewell Hajj, and said,
اتَّقُوا اللَّهَ رَبَّكُمْ وَصَلُّوا خَمْسَكُمْ وَصُومُوا شَهْرَكُمْ وَأَدُّوا زَكَاةَ أَمْوَالِكُمْ وَأَطِيعُوا ذَا أَمْرِكُمْ تَدْخُلُوا جَنَّةَ رَبِّكُمْ
Have Taqwa of your Rabb, and pray your five (prayers), and fast your month, and pay the Zakat on your wealth, and obey thosewho are in charge of you, you will enter the Paradise of your Rabb.' [Jami` at-Tirmidhi; Hasan]
Whenever Rasoolullah (ﷺ) sent a leader of a raiding party on a military expedition, he (ﷺ) would advise him, to have a deep rooted taqwa and he (ﷺ) would also advise the rest of his military party likewise.

The Pious Predecessors (Salaf) did not stop giving mutual advice for having taqwa in their sermons, their corresponding letters and their testaments after Rasoolullah (ﷺ) passed away.
Umar Ibn al-Khattab, radiyallahu 'anhu, wrote to his son AbdAllah ibn Umar, 'To proceed ... Verily I advise you to have taqwa (fear) of Allah the Mighty and Majestic, for whoever fears Him,Allah will protect him, and whoever gives a loan to Him, Allah will reward him, and whoever thanks Him, Allah will increase him.'
All ibn Abi Talib, radiyallahu 'anhu, gave advice to a man, and he said, 'I advise you to have taqwa of Allah the Mighty, the Majestic. There is no escape in meeting Him and there is no other to meet you except Him when you reach the Hereafter, for verily Allah owns this world and the Hereafter.'
One of the righteous, wrote to his believing brother, ‘I advise you with taqwa (fear) of Allah who knows your secrets and sees your open actions, so remember Allah at every time of the night and day, and fear Allah according to His nearness, and the power He has over you. And know that He always sees you. And do not leave His Rule for another rule, nor His Dominion, for another dominion. So glorify Him, by fearing Him immensely.’

Shaykh Uthaymin mentioned that there are more then twenty benefits of Taqwa in this dunya and also more than twenty benefits of Taqwa in the Hereafter. We'll take a closer look in the next sessions, Biidhnillah."
[Session 2]

Sunday, March 26, 2023

Dirty Money : The Laundrymen (3)

"When his printing ink began to grow faint, a man called a local repair shop. The friendly salesperson who answered the phone said the printer would probably only need to be cleaned. Because the store charged fifty dollars for the cleaning, he advised the caller that he might be better oʃ reading the printer’s manual and trying to clean the machine himself.
Pleasantly surprised by his candor, the caller asked, 'I don’t think your boss would like that you’re discouraging business, would he?'
'It’s actually my boss’s idea,' the employee admitted. 'He says we usually make more money on repairs if we let people try to fix their equipment first.'"

The Moon went on, "Our biggest debts are to those who were generous enough to give us their time in talking to us (either individually or together) about corruption, money laundering, and the relationship between them.
David Chaikin and J.C. Sharman tell us that the twin problems of corruption and money laundering, together have a devastating impact on national economies, international security, and human development.
The World Bank and the International Monetary Fund (IMF) consider corruption the greatest obstacle to lifting millions of people out of poverty. Money laundering is vital to all profit-driven crime: the illegal trafficking of drugs, arms, and people, extortion and kidnapping, tax evasion and fraud, and especially corruption. From the spectacular collapse of the Bank of Credit and Commerce International in the early 1990s, to current controversy over the British government’s cancellation of an investigation into a corruption-tainted $86 billion arms deal, such crimes have attracted the attention of governments and the general public alike. As a result, these closely linked problems are the targets of a panoply of international policy and legal initiatives.

Corruption produces enormous profits to be laundered, estimated at more than $1 trillion of illicit funds annually, funds that are increasingly laundered in the international financial system. At the same time, bribery, trading in influence, and embezzlement can compromise the working of Anti-Money Laundering (AML) systems.
The term corruption covers a vast range of activities, from petty bribery to grand corruption, private sector insider trading to public sector embezzlement. In seeking to communicate the essence of the concept Transparency International initially hit upon the formula that corruption was 'the abuse of public office for private gain.' Even this expansive rendering was not broad enough, and thus to include private sector corruption this was revised to read 'the misuse of entrusted power for private gain.' A slew of international organizations including the Asian Development Bank, World Bank, and the IMF agreed in 2006 to settle on a definition of corruption as 'the offering, giving, receiving, soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party.'
The UNCAC (United Nations Convention against Corruption) is more specific, including all of the following activities: the active and passive bribery of domestic and foreign public officials as well as officials from international organizations; the embezzlement or diversion of public property by an official; trading in influence or illicit enrichment by a public officials; and bribery and embezzlement in the private sector (Articles 15–22). Active bribery refers to the party paying the bribe, while passive bribery is the party receiving the money. According to the various international conventions and agreements, offering and soliciting bribes count as corruption, even if the advances are rejected and no exchange takes place; it is the intention that matters. Offering kickbacks through an intermediary or to a third party related to the target is also included, as is being an accessory or accomplice. Officials that steal public property (embezzlement) or improperly favor family or friends in discharging their duties (nepotism) are engaged in corruption. Corruption generally involves monetary stakes, but does not have to. Companies and other legal persons can be held criminally liable for corruption as well as individuals; the criminal liability of parent companies for the criminal acts of subsidiaries is less clear. There is a growing consensus that corruption can also occur between two private companies, rather than always having to involve a public official.
Largescale or grand corruption, involving cross-border financial transfers.

Money laundering refers to the process of obscuring the illicit origins of money derived from crime. Aside from the general metaphor of taking illegal 'dirty' money and 'cleaning' it to look legitimate, the term more directly derives from the (possibly apocryphal) story of Al Capone’s strategy of using laundromats and other small businesses to disguise profits from bootlegged alcohol during the prohibition era. The term only became common in the wake of the Watergate investigations in the 1970s.

Wouter H. Muller in his article Anti-Money Laundering–A Short History [in Anti Anti-Money Laundering: International Law and Practice edited by Wouter H. Muller, Christian H. Kalin, and John G. Goldsworth] desribes to us that Money laundering is probably as old as money itself. In the past, however, nobody looked at it as a crime as such. It was more the underlying crime that was looked at than what was done with the proceeds of that crime.
It is a coincidence that Switzerland, by strengthening its bank secrecy laws in the early 1930s, more with the aim of helping people hide away money in fear of the Nazi regime than for other reasons, came into the view of people who wanted to hide money for all kinds of legitimate and less legitimate reasons at that time. Not that Switzerland was alone in having bank secrecy rules, but it already had for a long time a well-established name for being discreet. Tax evasion not being a crime in Switzerland at the time, money could be safely put away without too many questions being asked. Only two directors of the bank in question had to know the identity of the client. For all others it was a numbered account or an account with a certain agreed code. Putting away money, however, was one thing, but using this money in a way that it could help to make ‘business’ grow was another.
It was already in the late 19th century that the ‘offshore’ world was created. New Jersey was the first to offer companies, established in that state and doing business in another state, to pay the lower New Jersey tax rate. The state of Delaware was quick to follow and is to date still one of the most important offshore centers in the world and certainly the most important within the USA.
The Bahamas, next door to the USA, became an important offshore center when it was detected by the ‘gambling industry’ and international trading companies. Goods were traded from one country to another and ‘on paper’ via a Bahamian company who had to pay little or no taxes at all. When this trading business started to grow the need for offshore banks was evident. Well-known and reputable banks settled on the Bahamas to facilitate this business. Also, wealthy individuals were in a position to establish offshore trusts to safeguard their wealth for others than their designated beneficiaries.
World War II, however, was the factor that initiated the big growth for the ‘financial offshore industry’. International companies like Shell and Philips moved their corporate seats to Curacao in the Netherlands Antilles to be safe from the invading Third Reich in Europe. Based on this occurrence the Netherlands Antilles adopted the Law Seat Transfer in order to accommodate companies to transfer their seats in case of threat of war. Certainly during the period of the Cold War lots of companies included these kinds of safety measures into their company articles.
The ‘big boom’ for the financial offshore industry in the Netherlands Antilles started in the late 1960s a.o. with the creation of the so-called ‘Euro dollars’. Euro dollars already existed for a long time. With the implementation of the Marshall Plan after WW-II US dollars started to flow into Europe. As the USA became the biggest export market for Europe after the rebuilding of its industry, even more dollars flowed into Europe and so enormous amounts of US dollars were held in custody by non-US banks in Europe. The Soviet Union at that time also held US dollars, however in US banks, secured by Certificates of Deposit. After the invasion of Hungary in 1956, when the Cold War started to become really grim, the Soviet Union feared that the USA might freeze their US dollar deposits held in US banks. It was then that a British bank came up with the solution. The Soviets could place their US dollar deposits with the British bank and the British bank would then deposit its US dollars with a US bank. The USA could never freeze these dollars now that they no longer belonged to the Soviets but to the British bank. It is said that this transaction was the first to create the so-called ‘Euro dollars’.

Back to Chaikin and Sharman, Money laundering occurs after a predicate offence has brought money into the hands of criminals. Predicate offences such as robbing a bank, selling heroin, or people trafficking are motived by criminals’ desire for profits, but may leave the offenders with the problem of reintroducing large sums of money into the legitimate financial system without arousing the suspicions of law enforcement authorities. Consider, for example, the problem of those who robbed the Northern Bank in Northern Ireland in 2004 of almost $50 million in cash. It is hardly viable to simply walk into another bank and try to deposit this sum of money. Money provides both the motive for many crimes, but also the means, in terms of working capital. By disrupting this illicit finance, AML measures aim to make the predicate offences less profitable, and thus less attractive, as well as denying criminals working capital. By countering money laundering as an offence distinct from the underlying crime it is hoped that the number of predicate offences will fall.

An important new strategy in combating serious forms of international corruption is anti-money laundering (AML) regulations governing high-level political figures. The Swiss authorities were the first to recognize the connection between grand corruption and money laundering, largely as a result of their experience in dealing with the illicit assets of Philippine president Ferdinand Marcos. The U.S. Patriot Act in 2001, the Financial Action Task Force (FATF) in June 2003, the United Nations (UN) in December 2003, and the European Union (EU) in 2005 have enacted measures addressing the challenge of senior public officials to AML systems. The new international and national standards recognize that senior public officials, who are frequently called politically exposed persons (PEPs), pose a higher risk of money laundering, especially in connection with corruption. In turn, the Basel Committee on Banking Supervision has identified grand corruption as posing a significant reputational risk to banks, financial centers, and to the international banking system.
Why should senior public officials be managed as part of AML obligations? It deals with the question of whether domestic senior public officials have inhibited the adoption and the effective implementation of adequate AML measures. It outlines the vulnerabilities of AML institutions to PEPs. A major challenge is that there is no single agreed-upon definition of PEPs, or even a consensus that this is the best term. Questions of terminology aside, perhaps the best-developed definition of PEPs is that contained in the EU Third Directive on Money Laundering. This definition is more precise than FATF standards, in particular its treatment of legal persons connected to PEPs by beneficial ownership or control.
The FATF first examined the risks posed by senior public officials to the financial sector in 2001 when it analyzed the money laundering vulnerabilities of private banking. Senior public officials who used the private banking services of international financial institutions posed a risk because of the possibility that the source of their deposits was illicit, especially corruption.
Senior public officials enjoy a special status in their country of origin because of their executive, legislative, judicial, military, and/or bureaucratic power. They are in a unique position of influence in their nation state and perhaps also diplomatically when they are acting abroad. The enactment and implementation of AML laws and systems are potentially vulnerable to PEPs because such measures may threaten the financial interests of PEPs.
One unique legal problem that senior public officials present is that of legal immunities. In corruption cases, senior public officials and politicians accused of corruption will frequently object to civil and criminal jurisdictional claims on the basis that they are protected by specific privileges or immunities.

According to Chaikin and Sharman, Ferdinand Edralin Marcos is a practical case study of the money laundering-corruption nexus. Marcos was able to use his position as president of the Philippines to become reputedly one of the biggest thieves in history. Current estimates are that Marcos stole at least $10 billion which grew through illicit investments to a multiple of this figure. The Marcos case displays the wide variety of forms of corruption that may occur in countries controlled by authoritarian political leaders. Corruption under the Marcos regime ranged from theft of foreign and military aid to the domestic system of crony capitalism.
The scale of the grand corruption of Ferdinand Marcos, his family, relatives, and cronies necessitated an extensive use of money laundering devices. The money laundering methods used by Marcos in hiding his corrupt proceeds were so sophisticated that government officials believe that less than 10 percent of his illicit assets have been recovered. Marcos’s financial advisers in the Philippines and overseas utilized numerous mechanisms of secrecy to conceal and launder his illicit wealth through financial institutions, investments, and multilayered corporate shareholdings. Favored money laundering jurisdictions for Marcos included Switzerland and Liechtenstein.

Chaikin and Sharman concludes that corruption and money laundering have increasingly come to the top of the international policy agenda (if not the symbiotic relations between them). There is no guarantee they will stay there, however. These kinds of crime undoubtedly cause massive harm at present and with all likelihood will continue to do so in the future. But this is not sufficient to ensure that they will always enjoy the prominence they do currently. There is no necessary correlation between the quantity of human suffering attributable to a given policy problem and the political priority that problem receives.
The corruption-money laundering nexus imposes massive costs and exacts a staggering human price. Often the appropriate response does involve transferring new powers to governments. But a campaign fundamentally premised on the values of good governance and the rule of law must make sure that the means do not displace the ends."

It's time for suhoor, and the Moon took her leave while singing,

Tetapi kenyataan, hidupnya pengorbanan
[But the fact is, his life is a sacrifice]
Tinggal penghabisan, lamunan berlalu
[All that remains, the daydream's passed]

Semua kehidupan dia, berkhayal tinggal yang ada
[All his life, fantasized about what's still there]
Rindu sayangi sesama, hidupmu sebentar saja *)
[Longing to love other, your life is only for a moment]
Citations & References:
- Jeffrey Robinson, The Laundrymen: Inside Money Laundering - The World’s Third Largest Business, 2009, Arcade
- Varun Chandna, The Curious Case of Black Money and White Money: Exposing the Dirty Game of Money Laundering, 2017, Notion Press
- David Chaikin and J.C. Sharman, Corruption and Money Laundering: a Symbiotic Relationship, 2009, Palgrave
- Wouter H. Muller, Christian H. Kalin, and John G. Goldsworth [ed.], Anti-Money Laundering: International Law and Practice, 2007, John Wiley & Sons
*) "Damai Tapi Gersang" written by Ajie Bandi
[Part 1]

Saturday, March 25, 2023

Dirty Money : The Laundrymen (2)

"'Two proletariats are talking about the bourgeoisie.
'Why can Panda never be King of the Jungle?' says one of them.
'Because Panda can only rolling and spinning, and later, he doesn't like having iftar together,' says the other.
'Then what King could he be?' asks the first.
'King of Slapstick!' replies the other."

"In the past, until the 1990s,' the Moon moved on, "the issue of Money Laundering only revolved around robbers and pirates, but today, anyone can be suspected of being involved in Money Laundering, starting from commoners, state officials, even the Prime Minister or President—crime doesn't discriminate. David Chaikin and J.C. Sharman in Corruption and Money Laundering: a Symbiotic Relationship (2009), states that there is a symbiotic relationship between Corruption and Money Laundering, they say that corruption and money laundering are symbiotic: not only do they tend to co-occur, but more importantly the presence of one tends to create and reciprocally reinforce the incidence of the other. We'll discuss this in next session.

In this session, we'll continue our review of what Chandna tells us about Money Laundering.
In Money Laundering, wire transfers are used to remit black money from one location to another once it has been smurfed into the Bank Accounts. Let us see what smurfing means: Smurfing means deposit of illegal cash in bank accounts in such a manner that suspicion is not aroused. Thus, the cash deposits are made in small amounts in multiple accounts. Multiple Accounts can be of same entity or person in different banks and/or branches or of multiple entities (over which the black money holder holds beneficial interest) in the same bank and/or branches.
Chandna mentions three ways to transfer Black Money. First, the authentic way: Wire Transfer. There are three major Electronic Funds Transfer (EFT) systems in the world: SWIFT (Society for Worldwide Interbank Financial Telecommunication), Fedwire (Federal Reserve Wire Network) and CHIPS (Clearing House Interbank Payments System).
Secondly, the informal way: Hawala Network. Hawala is an Arabic word which means ‘to transfer’. Here it means transfer of funds from one country to another. The method is simple: If Mr Darkhorse, a black money holder based in New Delhi wants to send INR 20 Million of his black money in form of cash to his affiliate in Canada, he will approach Mr Jockey - an Angadia (which means ‘courier’ in Hindi. He is also known as Hawaladar in this process). Mr Jockey takes the cash from Mr Darkhorse in New Delhi and sends a message to his network representative in Canada who then hands over the equivalent amount of U.S. or Canadian Dollars (less their commission) to Mr Darkhorse’s affiliate in Canada.
Thirdly, the crude way: Cash Courier and Human Courier. You need to send money from India to Canada illegally, carry it yourself. Since this is illegal, it entails the risk of being caught. No country allows physical carrying of its currency outside its border beyond a permissible limit. Many money launderers get caught while doing so and subsequently become a news item. They carry physical cash/dollars, gold, diamonds or other precious stones from one country to another in this manner.
Similarly, launderers send physical cash through money orders, posts or international couriers too for the want of stringent KYC procedures in these modes.
Terrorists often use this method to transport currency from one country to another because even if it is caught, it is mostly counterfeit in nature. Hence they do not bear any significant loss.

Chandna also mention the methods. Colombian Peso Exchange was a much hyped traditional Money Laundering scheme that came into light in 1990s and was rampant for several decades before its popularity led investigators to kill it completely. Peso is the currency of Colombia whose exchange here refers to exchanging Pesos with US Dollars. This is why the method is also known as ‘Dollar Peso Exchange’.

Layer of Trusted Lieutenants, one of the simplest, easiest and most widely used methods in disguising the source of black money earned by a person. A trusted lieutenant can be any person whom the black money holder can trust to be a custodian of his property, either due to closeness with that person or undue influence over him or it may be due to ignorance/ illiteracy of that person.

Gifts, simplest as it seems to be, this method states that if a person has got black money and he needs to convert that into white money; he just has to seek a gift of desired amount from a Whitehorse who is willing to depart his white money for a charge. And what that willing person will get in return? It’s the black money with premium.

Unsecured Loans, one of the simplest ways of laundering black money into white. Known by various names such as Accommodation Entry, Bogus Loan or Jamakharchi Entry, it is a darling of money launderers and entry operators. In common parlance, the method refers to exchange of cheque for cash. Because of its simplicity and effectiveness, this method is quite rampantly used in procuring white money.

Fake Creditors, in business terms, creditors are the vendors or suppliers who have provided some goods or services but are yet to be paid for those goods or services. The Creation of fake creditors used in Money Laundering is again similar to receiving of unsecured loans since lenders are also a form of creditors.

Donations to Political Parties are an important part of black money economy. Political parties use money for various purposes – for organising rallies, transporting people from one place to another, hiring vehicles of all sorts including private jets and helicopters, hiring places, equipments, advertisements, distribution of kickbacks, freebees and everything required to win votes. But still, because of the various privileges available to political parties, there remains scope of Money Laundering.

Charitable Trusts. If you wonder how a girl is able to travel so much and work so little at such a young age, it is because her parents set up a trust that provides for most of her living expenses. Some of the charitable trusts are not trustworthy. Here, the amount that goes to trust in form of donations/ contributions etc. is used for purposes which are although different from the purposes for which the trust was established but do not appear to be so technically. It can be the trust is exempt from tax on this donation. Full Money Laundering, tax free.

Earning Agricultural Income. This is the case in India and similarly in various other countries. To keep poor farmers out of the tax ambit and its compliance as well as to encourage agricultural production, agricultural income is completely exempt from taxation. However, this leaves a loophole open for the money launderers to play their dirty games.

Real Estate signifying land, building and business related thereto like acquisition, construction, development, transfer etc. is one of the biggest markets of black money.

Ever noticed some businesses where no customer seems coming but still the office, shop, restaurant, hotel etc. keep running for years and continue surviving? Notice more closely and you may find, in this bogus business, Money Laundering to be a reason behind these businesses.

A Shell Company or a shell corporation is a corporation without active business operations or significant assets. Such company is not active in business and its assets may not be commensurate to the size of its business. Some shell companies may have had operations in the past, but those may have shrunk due to unfavourable market conditions, company mismanagement, takeover of assets, demerger of assets etc. A shell corporation may also exist even when its operations have been wound up, but still the 'shell' of the original company continues to survive. These types of corporations are not illegal per se but it’s their use that can be illegitimate so as to disguise business ownership from law enforcement or the public. Shell companies may also be used to carry the bogus business as mentioned before. The relationship of Shell Corporations and Money Laundering is akin to that of bread and butter or that of fuel and car.

Tax Amnesty Schemes are different from Money Laundering schemes. All other schemes disguise the appearance of black money so that it looks clean (white) whereas amnesty schemes actually convert the black money into white. In simple language, the government through this scheme demands disclosure of black money and levies tax on such disclosure while promising not to question the source of such black money. In effect, the disclosed black money becomes white.

There more methods Chandna mentioned in his book, but we'll not disclose them here. We need to conclude that, according to Chandna, not all methods of Money Laundering need to be complex. Some can be as simple as snow, but then the effectiveness of such methods is always doubtful.
Chandna then offer some suggestions. First, Education on ill-effects of black money: Imagine family of a top notch bureaucrat telling him not to do anything that is morally incorrect. Professionals and employees refusing to indulge into malpractices at any cost despite pressure from top. A nation develops when everyone develops and it has to flow from top and not bottom of the pyramid.
Secondly, Political Governance: If I have hard earned INR 1000, I will spend it extremely wisely and prudently. Does government also exercises such prudence in spirit with respect to public money? If not, taxpayers have got an excuse to lie. If a part of their hard earned money is taken away by government, it should be spent with same responsibility as exercised by the earners (tax payers) of such income. We have stringent corporate governance standards that are applied diligently but when it comes to politics, such standards seem missing. The reason for this difference cannot be that corporate entities are more important for our country than political entities or corporates have got more scope for manipulation.
Thirdly, strengthening judiciary: Everything should be done to strengthen judiciary so that a strong check and balance system is created and nobody (even government) becomes bigger than law. Autonomy of the judiciary should be maintained to the maximum. Advanced technology, more resources and high quality infrastructure should be provided. More enabling provisions should be there to decide a case based upon circumstantial evidences. Remember, justice delayed is justice denied.
It goes without saying that despite any amount of shortcomings, in a great country with a huge population of good people and potential around, we should value it.

In the next session, we'll see David Chaikin and J.C. Sharman's point of view, Biidhnillah.
[Part 3]
[Part 1]

Friday, March 24, 2023

Dirty Money : The Laundrymen (1)

"A surgeon, an engineer, and a politician were debating which of their professions was the oldest," said the Moon when her beam was brighly lit, after greeting with Basmalah and Salaam.
"'Eve was made from Adam's rib,' said the surgeon, 'and that, of course, was a surgical procedure.'
'Yes,' countered the engineer, 'but before that, order was created out of all chaos—and that most certainly was an engineering job.'
'Aha!' exclaimed the politician triumphantly. 'And just who do you think created the chaos?'"

Then the Moon said, "'Robert Torres had it all. He had money. He had fancy cars. He had status. He had all the women he could ever want,' that's what Jeffrey Robinson says in prologue of his work The Laundrymen: Inside Money Laundering - The World’s Third Largest Business. Although it was published in 1996, where the situations, objects and probably even the definition were different from the current time, there's nothing wrong if we review it again.
Robinson then goes on with Robert Torres' story, 'For a guy who started out in life as a welder, a cook and a gas station manager and once thought that the big time meant peddling dope on street corners in the Bronx, Torres came as close to living the American dream as anyone he was ever going to meet.
It started out as a family business. His cousins set him up in 1978. He was 22, a kid from small town Puerto Rico, a place called Guayama, who’d come north to New York to grow a chip on his shoulder because life had dealt him a rotten hand. The great melting pot was more like a cauldron where you could drown. So he told his cousins that he needed a job, that he wanted a shot at making it, and they supplied him with little plastic bags of product.
For a while, Torres thought he had life knocked. He had the cash that he earned and what cash he could steal. But the more he watched his cousins getting rich, buying cars and buying property and keeping pretty women in expensive clothes, the more he realized that dope was strictly nickel-and-dime stuff. He reminded himself that he had ambition, that he had plans. He persuaded himself that selling "shit" to kids and whores and getting beaten up by pimps was not the ticket. So he hit on his cousins for more of the action and they made him a manager. Now he ran other guys hawking stuff on street corners and had more cash in his pockets.
By 1985 he’d been on the streets for seven years. Closing in on 30, he got it into his head that he needed to branch out, to take a better shot at machine’ it. That meant going out on his own. And going out on his own meant heroin.
It took time. And because dealing heroin is a business in which one wrong step can mean a violent death, it also took cajones. But Torres managed to muscle his way in. He was smart enough to do it slowly, step by step. He was also lucky enough to stay alive while he worked his way up.
First he sold product himself. Then he put salesmen on the street to hustle it for him. Then he found ways to import it and he learned the tricks of wholesaling it. He even had his own brand names - Liberty, Blue Moon, Turbo Powder, Midnight Train, Sunshine, White Eagle, White Tiger, and Pink Diamond.
Within five years he had a hundred amigos working for him—he called them Los Brujos, the Warlocks—and commanded twenty distribution centers in Manhattan and the Bronx. To defend his network, he armed Los Brujos to the teeth. He loved guns and every now and then he’d go on a buying spree, such as the afternoon he bought nineteen semi-automatic pistols, thirteen 38 calibre pistols and a classic 45 that he wore in a shoulder holster because it made a macho bulge under his armpit.
He owned twenty properties in New York and forty more in Puerto Rico, including a tourist resort near San Juan. He owned a sand and gravel company, two beauty parlors, a restaurant, a garage, three heavy equipment rental companies, seventy pieces of heavy construction equipment, a wood working shop, a limousine service, a pile of blue chip securities, a 46-foot boat, a handful of professional race cars and a semi-pro basketball team in Puerto Rico that also called themselves Los Brujos.
By the beginning of 1993, Torres was moving close to half a million dollars worth of heroin every day.
That's when the Feds busted him.
They swooped down on him like a heavily armed commando force taking a beachhead, shackled him in chains, rounded up Los Brujos, and started unraveling his financial empire.
Once upon a time, Robert Torres had it all.
He had fancy cars. He had status. He had all the women he could ever want. At the age of 37, he was worth in excess of $60 million.
And all the time, lurking in the background was a man who showed Torres how to grab the American dream by the throat, a former senior officer at the Chase Manhattan Bank. His laundryman.

Money laundering is all about sleight of hand, Robinson goes on, it is a magic trick for wealth creation. The lifeblood of drug dealers, fraudsters, smugglers, kidnappers, arms dealers, terrorists, extortionists and tax evaders, it is perhaps the closest anyone has ever come to alchemy.
Myth has it that the term was coined by Al Capone who, like his arch rival George "Bugs" Moran, used a string of coin-operated laundromats scattered around Chicago to disguise his revenue from gambling, prostitution, racketeering and violation of the prohibition laws.
It's a neat story, but not true.
'Laundering' perfectly describes what takes place: illegal, or dirty, money is put through a cycle of transactions and comes out the other end as legal, or clean, money. In other words, all traces of illegality are scrubbed away by a succession of transfers and deals, so that those same funds reappear as legitimate income.
Romance has since been added to myth with the name Meyer Lansky.
Whereas cronies like Capone, Luciano and Frank Costello made their way through the world using muscle, Lansky - a 5 foot 3 inch, Polish-born, New York-raised, 9th grade drop-out - used his wits to become the highest-ranking non-Italian in what used to be called "The Syndicate." He was affectionately known in those days as the mob's accountant. He is often affectionately remembered these days as the patron saint of money launderers. It's an epitaph that would have amused him.

There are four factors common to all money laundering operations says Robinson. First, the ownership and source of the money must be concealed. There's no sense in laundering money if everyone knows who it belonged to and where it originated after it comes out the other end.
Next, the form it takes must be changed. No one wants to wash $3 million in $20 bills only to wind up with $3 million in $20 bills. Changing the form also means reducing the bulk. Contrary to popular belief, you cannot stuff $1 million into an attaché case. A stack of $100 bills would stand five feet high and weigh over 22 pounds.
Third, the trail left by the process must be obscured. The whole purpose of money laundering is defeated if someone can follow the money from beginning to end.
Finally, constant control must be maintained over the process. After all, many of the people who come into the picture while the money is being laundered know that it is dirty money, and if they steal it there's little the original owner can legally do about it.

That said, there are three distinct stages to the washing cycle. To begin with, there is immersion, which means consolidation and placement. A drug dealer who amasses $5 million in cash is faced with the Herculean task of introducing as many as a million pieces of paper into the banking system. Unlike the counterfeiter, who only needs to get his forged notes into circulation, the laundryman is forced to rely on bank accounts, postal orders, traveler's checks and other negotiable instruments to funnel the cash into the world’s financial system.
The second step, known as layering, might also be called heavy soaping. This is where the laundryman disassociates the money from its illicit source. By moving the money between as many accounts as he can - in and out of dummy companies that he's set up around the world for just this purpose - and by relying on bank secrecy and attorney-client privilege to hide his own identity, he creates a complex web of financial transactions that frustrates any audit.
The last stage is the spin dry, sometimes washed funds are brought back into circulation, now in the form of clean, and often taxable, income.

No one knows for certain how much dirty money circles the globe looking to get scrubbed clean, but a reasonably authoritative guess in 1996 put the range from $200-$500 billion. By 2009 that figure has probably doubled. After foreign exchange and the oil industry, dirty money is the world's third-largest business, says Robinson. For this alternate economy to function, two things are necessary, and the coffee pot analogy is still the best one: When coffee is poured from a pot into a cup, there must be enough room in the cup to hold the coffee and enough coffee in the pot to fill the cup. Similarly, there has to be enough money available to create an infrastructure and an infrastructure capable of handling so much money.
The world's parallel, or underground, banking system was apparently invented by the Chinese, who named it fei ch'ien - literally, "flying money." Known in other parts of the world as chop, hundi or hawalah, the system was born out of political turmoil and a hearty distrust of banks. It is almost always based on family or tribal connections and traditionally reinforced with retributive violence.

Another reference to Money Laundering is what was revealed by Varun Chandna, The Curious Case of Black Money and White Money: Exposing the Dirty Game of Money Laundering, published in 2017, taking samples of his analysis from India.
According to Chandna, Money laundering simply means conversion of black money (Dirty Money) into white money (Clean Money) where the black money may not become white legally but appear to have become so.
If someone is concealing his actual money, he is not just concealing that money but also the crime behind that. The crime can be either evasion of taxes or more than that.
If I have got some money and I cannot legally and publicly disclose and elaborate its source, it implies this is my black money.
This money may come from any illegal activity which I cannot disclose to have carried out or may be still carrying out. Examples include Drug Trade, Flesh Trade, Poaching of Animals, Arms Trade, Contract Killing, Theft, Prostitution, Bootlegging (like selling alcohol and other prohibited items illegally), taking of bribes, receiving kickbacks, Illegal Mining, Illegal Trade, fraudulently undertaking a business without its permit/license either wholly or partly or any other illegal activity of any sort.
Dirty money also includes money coming from absolutely legal activities but not disclosed to government in an attempt to save or say evade taxes.
Had there been no taxes, there would have been no black money of this sort. The idea that government wants a slice of whatever you earn leads to concealment even if the tax rate is 1%. In reality though it is many times higher than this 1% and there is an added cost of compliance. Taxes may undoubtedly be necessary but have created liars out of people.
Even if the business and activities are legal but full income and actual expenses there from is not disclosed to government authorities to avoid paying taxes on them, it amounts to black money. This concealment is done by businesses by maintaining two sets of accounts; one to be disclosed to the government and other to be kept for the actual holistic view of business.

If I have got some money and I can legally and publicly announce the source of my money, it implies this is my white money.
This money comes from a completely legal, compliant and transparent source. If I disclosed all my income and its source completely to the government and paid all applicable taxes on the same, there is no fear of being questioned about it.

Conversion of black money into white money is the method or process by which Dirty Money appears to be clean. Due to various rules, regulations and legislations; spending of black money is sometimes more difficult than earning it and this is not a new phenomenon: Long back in late 18th century, there used to be some sea pirates who had their piracy business spanning across Indian and Atlantic Oceans. They were successful in amassing huge wealth by looting the ships that would come their way. After accumulating heavy sums of money, jewellery and valuable commodities, they decided to settle in England but their spending profligacy soon drew the civilised attention towards them and they got arrested.
Then some 100 years later in 1931 in Chicago; Alphonse Capone who was involved in all sorts of crime, be it boot legging, prostitution, bribery, treason, gambling etc. was sentenced to eleven years in federal prison not because of his underworld activities but for non-payment of due taxes on money garnered from of such activities when the crimes undertaken by him could not be proved for the want of evidence and adequate legislation.
Since then the government authorities have got their principle right that if they cannot book the tainted person directly, they should go after his tainted money.
Keeping black money is always dangerous as governments around the world are stressing on its forfeiture as and when detected. Besides forfeiture, there can be penalties for concealment of income which would be over and above the amount forfeited. Secondly, this will take a toll on the criminal personally as investigation against him will strengthen and he will land in prison.
Money launderers of today understand that even though it may be easy to earn the black money, it is not that easy to dispose of the money so accumulated. Accumulating black money will serve any purpose only when it can be utilized to buy the luxuries and worldly pleasures which its value commands.
They know that everything bad could happen to them, if their loot is traced back to them and therefore they use various methods to disguise the colour or source of their black money.
Therefore, for the purpose of its spending and disposition, the black money should appear clean and from legitimate source so that it is not questioned or investigated or even if investigated, it is not caught since it has become clean/ white through the process of Money Laundering.

Chandna gives many examples of money laundering, but we'll just look at a few in the next session, biidznillah.."
[Part 2]

Thursday, March 23, 2023

Why was Siyam Ordained?

"A boy reported to his mother," said the Moon when she came with Hilaal, after saying Basmalah and Salaam, and welcoming Ramadan.
'Mom, Dad just hit his thumb with a hammer,' says the boy.
'Oh, dear. What did he say?' his mother responded.
'You wouldn’t want me to repeat any bad words, would you, Mom?'
'Certainly not my dear!'
'Well,' replied the boy, 'then, he didn’t say anything.'"

She proceeded, "Why then, was Siyam on Ramadan ordained? Are there guidance from our beloved Prophet (ﷺ) in siyam?
There are some advice from Shaykh Dr. Aaidh al-Qarni about this. Shaykh Dr. Aaidh ibn Abdullah al-Qarni is a Saudi Muslim scholar, author, and activist. He was born on January 1, 1959, in the village of al-Qarn, in the southern region of Saudi Arabia, from the 'Majdu' family.
At the age of 23, he has memorized the Quran and Bulughul Maram, and has taught 5,000 hadiths and 10,000 verses of poetry. Around 1,000 of recordings containing religious lectures as well as collections of his poems have been published. His intelligence led him as a prolific writer and popular speaker. His courage to voice the truth also made him feel the iron bars of the Al-Saud government. After leaving the prison, his work 'La Tahzan' was born, which has been published by dozens of publishers. Aaidh al-Qarni is a prominent thinker and scholar, as well as a reform figure in Saudi Arabia. His works also include the Qur'an tafseer.

So, the Shaykh tells us,
To Allah Almighty there are certain secrets in His laws, insights in His rulings and objectives in His creation. In these secrets, insights and objectives are things which minds perceive and others that confound human understanding. With regard to fasting, Allah declared,
يٰٓاَيُّهَا الَّذِيْنَ اٰمَنُوْا كُتِبَ عَلَيْكُمُ الصِّيَامُ كَمَا كُتِبَ عَلَى الَّذِيْنَ مِنْ قَبْلِكُمْ لَعَلَّكُمْ تَتَّقُوْنَۙ
'O you who have believed, decreed upon you is fasting as it was decreed upon those before you that you may become righteous.' [QS. Al-Baqarah (2):183]
Accordingly, fasting is the way to piety and the fear of Allah. The fasting person is thus among the closest people to Allah. The stomach of the faster becomes hungry while his heart is purified , when he breaks his fast and quenches his thirst, his eyes overflow with tears. The Prophet (ﷺ) said, ‘O youth, whoever is able from among you to pay the dowry, then he should marry for it is the best way of restraining the eyes and protecting one's private parts. Whoever is unable to do so, he should fast because it will be for him a shield.’

Fasting narrows the food and blood arteries. They are known to be canals of the devils, hence fasting reduces their insinuations. It further weakens carnal desires, thoughts and temptations of disobedience. It lightens the spirit. Fasting reminds the individual of his brothers who are also fasting, some of whom are poor and needy. He empathizes with them and extends the hand of help to them.
Fasting is a school for the training of the soul, purification of the heart, lowering of the gaze and protection of the limbs. It is a secret between the servant and his Rabb. In an authentic hadith the Prophet (ﷺ) said, 'Every act of the son of man is for himself except fasting; it is for Me and I shall reward it.' That is because only Allah knows the extent of one’s fast. It is quite different from other forms of worship such as prayers, Zakaat ( the poor due ) and pilgrimage, all of which can be witnessed by others.

The righteous predecessors acknowledged fasting as a means of drawing closer to Allah. To many, it was accepted as a sphere of competition and a season for goodness. They cried for happiness when it arrived and wept out of sadness when it departed. Our ancestors knew the essence of fasting; hence they loved Ramadan and made unparallele'd efforts and sacrifices in it. They stayed up during its nights, bowing and prostrating themselves in tears and humility. They passed its days in remembrance, recitation, learning, propagation and giving counsel.
Fasting was a delight and source of internal peace for the early Muslims. It expanded their bosoms. Hence, they trained their spirits towards its objectives, purified their hearts with its teachings and disciplined their souls with its wisdom. Numerous accounts confirm that they used to sit with their Qurans in the mosques, reciting, crying and protecting their tongues and eyes from unlawful things.
Fasting ensures the unity of Muslims. They fast and break their fast at the same time. They feel the pangs of hunger and eat together in a spirit of brotherhood, love and devotion. Fasting atones for errors and wrong-doing. Hence the Prophet (ﷺ) ‘Umrah to ‘Umrah, and Ramadan to Ramadan there is atonement for what occurred between them as long as no major sin was committed.’

From a physical point of view, fasting enhances bodily health. It gets rid of contaminated matter, eases the stomach, purifies the blood, eases the working of the heart, brightens the spirit, refines the soul and disciplines the character. When an individual fasts, his soul is humbled, his heart is subdued, his ambitions are curbed, and his carnal desires are dispelled. Thus, his prayers are answered because of his closeness to Allah.
There is a great secret in fasting: that is to worship Allah and seek His pleasure by submitting to His orders and surrendering to His laws by forsaking one's desires, food and drink. Fasting therefore represents the triumph of a Muslim over his desires and the predominance of a believer over his inner self. It is half of patience. Whoever is unable to fast without any good reason, will never master his self or conquer his desires.
On the whole, fasting is a great training for the soul, so that it would be able to bear hardship and carry out its great duties such as jihad, sacrifice and initiative. Thus when Saul wanted to fight his enemies, Allah tested his people with a river. Saul said to them, ‘Indeed, Allāh will be testing you with a river. So whoever drinks from it is not of me, and whoever does not taste it is indeed of me, excepting one who takes [from it] in the hollow of his hand.' But they drank from it, except a [very] few of them. Then when he had crossed it along with those who believed with him, they said, 'There is no power for us today against Goliath and his soldiers.' But those who were certain that they would meet Allāh said, 'How many a small company has overcome a large company by permission of Allah. And Allah is with the patient.' [QS. Al-Baqarah (2):249].
Those who were patient and mastered their desires were successful. On the other extreme, those who worshipped their base desires turned their backs on the jihad.

The wisdom of fasting can thus be summarized in the following: that it realizes God-consciousness, submission to His orders and subjugation of one’s desires.It ensures a triumph over self and the preparation of a Muslim for situations of sacrifice. It enables him to control his limbs and desires.It ensures good physical health and atones for wrong-doing. It brings about togetherness, brotherhood and a sense of empathy for those who are hungry and needy.

Ibn al Qayim mentioned that: ‘Among the guidance of the Prophet (ﷺ) in the month of Ramadan was his (ﷺ) engagement in many forms of worship. The angel Gabriel used to teach him (ﷺ) the Quran in this month, whenever Gabriel met him (ﷺ), he was more generous than a guided breeze. He was, ordinarily, the most charitable person, and yet when Ramadan arrived he became even more generous. He (ﷺ) gave much charity and engaged in kind acts, recitation of the Quran, prayers, remembrance and retreat during this month.'
He (ﷺ) used to apportion to Ramadan a degree of worship that was not set aside to any other month. Some times he (ﷺ) actually used to continue into the night. The Prophet (ﷺ), however, forbade his companions from doing so. When they pointed out to him (ﷺ) that he (ﷺ) continued he (ﷺ) responded saying, ‘My body is not like yours, I dwell with my Rabb, He feeds me and gives me drink’ [Bukhari and Muslim]. Accordingly, Allah Almighty used to nourish His Prophet (ﷺ) during those periods of extended fasts with subtle knowledge, and abounding wisdom and light of the message, of course, it was not food and drink in the literal sense, for if this were so the Prophet (ﷺ) would not be considered fasting.
When the Prophet (ﷺ) became satisfied from the worship of his creator, and his heart opened up to his aim, and his mind rested with the remembrance of his Master, and his condition improved by his closeness to his Rabb, he forgot all food and drink. As it was said: spiritual power is in the essence of souls, it is not dependent on food or drink. Nothing can harm you, if you have attained the knowledge of your Rabb.
The Prophet (ﷺ) was the best of those who remembered and worshipped Allah. As for the month of Ramadan, it was made to be a season of worship and a time for remembrance and recitation. His (ﷺ) nights were spent in supplication and humiliation unto his Rabb, seeking His help, support, victory and guidance. He (ﷺ) read long chapters of the Quran and stayed for long periods bowing (in ruku’) and prostrating himself before Him. Such was the desire that was never satisfied with worship, making his standing in the night a source of sustenance and supply as well as power and energy. Allah Almighty says,
يٰٓاَيُّهَا الْمُزَّمِّلُۙ
قُمِ الَّيْلَ اِلَّا قَلِيْلً
'O you who wraps himself [in clothing], Arise [to pray] the night, except for a little.' [QS. Al-Muzzammil (73):1-2] 
وَمِنَ الَّيْلِ فَتَهَجَّدْ بِهٖ نَافِلَةً لَّكَۖ عَسٰٓى اَنْ يَّبْعَثَكَ رَبُّكَ مَقَامًا مَّحْمُوْدًا
'And from [part of] the night, pray with it [i.e., recitation of the Qur’an] as additional [worship] for you; it is expected that your Rabb will resurrect you to a praised station.' [QS. Al-Isra (17):79]
During the days of the fasting month, the Prophet (ﷺ) spent his (ﷺ) time in propagating the Islamic call, engaging in jihad, providing advice and training, and reminding his companions. Among his (ﷺ) practices was that the Prophet (ﷺ) fast of Ramadan except with a vision of what was to be achieved. He (ﷺ) used to encourage his (ﷺ) companions to partake of a meal before daybreak. Indeed, it was confirmed that he (ﷺ) said, ‘Have the meal before daybreak, because there is blessing in it.’ The period before daybreak is considered blessed because it is in the last third of the night, the time of divine descent and forgiveness. Allah says,
وَبِالْاَسْحَارِ هُمْ يَسْتَغْفِرُوْنَ
'And in the hours before dawn they would ask forgiveness.' [QS. Adh-Dhariyat (51):18].
He (ﷺ) also says, ‘Those who show patience, firmness and selfcontrol; who are true (in word and deed ); who worship devoutly; who spend in the way of Allah; and who pray for forgiveness in the early hours of the morning.’
Allah says,
اَلصّٰبِرِيْنَ وَالصّٰدِقِيْنَ وَالْقٰنِتِيْنَ وَالْمُنْفِقِيْنَ وَالْمُسْتَغْفِرِيْنَ بِالْاَسْحَارِ
'The patient, the true, the obedient, those who spend [in the way of Allāh], and those who seek forgiveness before dawn.' [QS. Ali Imran (3):17]
Still besides, the meal before daybreak helps the individual in his fast and worship. It is, therefore, a payment for the bounty of worship that Allah has bestowed upon us.
It was also established that the Prophet (ﷺ) used to hasten to have a meal after the setting of the sun. He (ﷺ), likewise, ordered his companions to do the same. Usually he (ﷺ) had dates or water because something sweet was most agreeable for an empty stomach. Several sources have narrated that the Prophet (ﷺ) said, 'Verily the fasting person has a prayer that will never be rejected.’ Thus, he (ﷺ) used to pray for the good of this world and the hereafter. He (ﷺ) broke his fast before praying Salaat ul-Maghreb (the evening prayer ). In one authentic hadith he (ﷺ) said, ‘If the night enters from here and slips away from there, then the faster should end his fast.’

The Prophet (ﷺ) travelled during Ramadan, fasting and then breaking his (ﷺ) fast. In this regard, he (ﷺ) gave the companions the choice of fasting or not while travelling. During battle, however, he (ﷺ) ordered them to break their fasts, to enable them to fight. Here it would be recalled that the Great Battle of Badr was fought during the month of Ramadan. Then, Allah gave the Muslims a victory that has known no parallel since. Yet, the Prophet (ﷺ) fast in two of his battles according to narrations by Umar ibn al Khattab and collected by Al Tirmidhi and Ahmad. The Prophet (ﷺ) did not, however, specify the distance after which the fast should be broken. There are in fact no authentic accounts to prove this.
There were, observedly, times when the morning prayer, al-Fajr, came and the Prophet (ﷺ) was still in a state of impurity following sexual intercourse. He (ﷺ) would, in those circumstances, perform the ritual bath and thereafter fast. In a related matter, he (ﷺ) used to kiss some of his (ﷺ) wives while he (ﷺ) was fasting in Ramadan. He (ﷺ) compared the kiss of the fasting person to the washing of the mouth.
On another level, the Prophet (ﷺ) ruled that the person who broke his fast through a genuine act of forgetfulness was not required to make up that day’s fast. He (ﷺ) pointed out that it was Allah Almighty who had fed and given drink to that person. We have learnt from the prophetic traditions also that the things which invalidate one’s fast are: eating, drinking, cupping, and vomiting. The Noble Quran explains that sexual intercourse nullifies fasting in the same way that eating and drinking does.
Among his (ﷺ) practices also was that of retreat and seclusion during the last ten days of Ramadan. The Prophet (ﷺ) did this in order to attune his (ﷺ) heart ever more with Allah and to free his (ﷺ) mind from the concerns of the world. The gaze of his (ﷺ) heart thus became entirely focused in the heavens.
During this time, he (ﷺ) limited his (ﷺ) contacts with people and intensified his (ﷺ) supplication and prayers to Allah, the Rabb of all Majesty and Glory. His (ﷺ) heart, therefore, indulged purely in the contemplation of Allah’s attributes and qualities. It reflected upon His clear signs in the universe and of Allah’s creation in the heavens and the earth. With all this in mind, it would be very difficult to determine how much knowledge Prophet (ﷺ) acquired, or how much light was revealed to him (ﷺ), or how many realities were exposed to him (ﷺ). He (ﷺ) was, without doubt, the most knowledgeable person about Allah, the most fearful of Him, and the one who trusted and depended upon Him the most. Indeed, he(ﷺ) was the most pious of all men and sacrificed himself the most for the sake of Allah! May the peace and blessings of Allah be upon him (ﷺ) as long as musk continues to give its sweet fragrance and as long as pigeons echo their mournful cries and nightingales sing out their melodies. And Allah knows best.

And so, that was among the advice of Shaykh Aaidh Al-Qarni, hopefully it would bring virtue. Ameen"

It's time to have suhoor, the Moonlight then started to fade, then she recite a poem,

Welcome to the month of fasting
O beloved who visits us every year
We have met you with overflowing love
All love except for the Holy Master is prohibited
Accept o my Rabb our fast
And increase us from Thy great favour.
Do not punish us because we were already punished by
sleepless anxiety in darkness
Citations & Reference:
- Aa’id Abdullah al-Qarni, Thirty Lessons for Those Who Fast, translated by Dr Daud A. Abdullah, International Publishing House

Tuesday, March 21, 2023

Siyam and Qiyam on Ramadhan

"Here's the story of an Imam of the Masjeed who got up after Friday prayers and announced to the people," said Swara when she was heard, after saying Basmalah and greeting with Salaam.
"The Imam said, 'I have good news and bad news. The good news is, we have enough money to pay for our new building program.' Then he was silent. One of the congregation asked, 'So, what's the bad news?'
The Imam replied, 'The bad news is, it's still out there in your pockets.'"

Then Swara proceeded, "There is a brief advice from Sheikh Abdul Aziz bin Abdullah bin Baaz to whoever of the Muslims, or whoever interested upon, about the virtue of Siyam (i.e. fasting), Qiyam (i.e. establishing the Night Prayer), and competing to perform righteous actions during the Month of Ramadhan.
Before going on, allow me to tell you about Sheikh Bin Baaz. He, rahimahullah, is a Scholar, the Great Scholar of Fiqh, Abdul Aziz bin Abdullah bin Abdur-Rahman bin Muhammad bin Abdullah Aali Baaz. As well, he is the Previous Mufti of the Kingdom of Saudi Arabia.
He, also known as Sheikh Bin Baaz, 21 November 1912–13 May 1999, was born in Riyadh and spent the beginning of his life in seeking knowledge. He was raised in a household known for its love of knowledge and its people. He started off his studies with memorizing the Qur'an, and he memorized it before puberty. Then he took the legislative sciences and language from the scholars of Riyadh.
He is counted were said fromto the be Kibaaru Mujtahid-Ulamah (Major Scholar) who were said to be Mujtahid (someone who said had the ability to extract tee rulings directly from the legislated proofs), from the present time. This is because Allah made it easy for him while he was studying Arabic. Because of this, he was able take a good look into the different Islamic sciences. In the beginning of this, he focused mainly in studying Sharia Islamic Law), according to the Hanbali Madhhaab. Then he began to study Hadith in detail, both in terms of the text as well as the chain of the Hadith.
In addition, he paid close attention to the sciences of the Qur'an. This is what caused the Sheikh to be considered from the major Islamic Scholars of the world, which stood out from the rest.
Sheikh Bin Baaz used to be known to be of those that loved to be good to the Muslims. This is something that is witnessed in his books. He was always giving advice for the shake of Allah and His Rasool (ﷺ), to the Muslim Leaders and to the common folk. He was very courteous and kind in doing so. The people loved him and accepted knowledge from him, so they benefitted greatly from him.
Sheikh Bin Baaz died in the Month of Muharram. He was not only a major benefit to the people of his time, but to all of us in our present day as well. May Allah place upon him a huge mercy and place him in the highest place possible in Jannah ... Allahuma Aameen!

So, the following are some advice from the Sheikh.
It is verified from Allah's Messenge (ﷺ) that he (ﷺ) used to give glad tidings to his Companions, radhiyallahu 'anhum, about tlie arrival of the Month of Ramadhan, and inform them that it is the month in which the gates of mercy, and of Jannah (i.e. Paradise) are opened, the gates of Jahannam (i.e. the abode of Hell-fire) are locked and the Shayatin (i.e. devils) are chained up. The Prophet (ﷺ) said,
إِذَا كَانَ أَوَّلُ لَيْلَةٍ مِنْ شَهْرِ رَمَضَانَ صُفِّدَتِ الشَّيَاطِينُ وَمَرَدَةُ الْجِنِّ وَغُلِّقَتْ أَبْوَابُ النَّارِ فَلَمْ يُفْتَحْ مِنْهَا بَابٌ. وَفُتِّحَتْ أَبْوَابُ الْجَنَّةِ فَلَمْ يُغْلَقْ مِنْهَا بَابٌ وَيُنَادِي مُنَادٍ يَا بَاغِيَ الْخَيْرِ أَقْبِلْ وَيَا بَاغِيَ الشَّرِّ أَقْصِرْ وَلِلَّهِ عُتَقَاءُ مِنَ النَّارِ وَذَلِكَ كُلَّ لَيْلَةٍ ‏"‏
'On the first night of the month of Ramadan, the Shayatin are shackled, the jinns are restrained, the gates of the Fires are shut such that no gate among them would be opened. The gates of Paradise are opened such that no gate among them would be closed, and a caller calls: 'O seeker of the good; come near!' and 'O seeker of evil; stop! For there are those whom Allah frees from the Fire.' And that is every night.' [Jami` at-Tirmidhi; Sahih accrding to Al-Albani]
The Prophet (ﷺ) also said,
مَنْ صَامَ رَمَضَانَ إِيمَانًا وَاحْتِسَابًا غُفِرَ لَهُ مَا تَقَدَّمَ مِنْ ذَنْبِهِ، وَمَنْ قَامَ لَيْلَةَ الْقَدْرِ إِيمَانًا وَاحْتِسَابًا غُفِرَ لَهُ مَا تَقَدَّمَ مِنْ ذَنْبِهِ
'Whoever fasted the month of Ramadan out of sincere Faith (i.e. belief) and hoping for a reward from Allah, then all his past sins will be forgiven, and whoever stood for the prayers in the night of Qadr out of sincere Faith and hoping for a reward from Allah, then all his previous sins will be forgiven.' [Sahih Al-Bukhari]
The Ahadith (i.e. narrations) on the virtue of Siyam Ramadhan, Qiyam and of Siyam itself are vast. It is a must for the believer to seize this opportunity that Allah has blessed him with of reaching the Month of Ramadhan, and rush to perform acts of obedience and caution against acts of disobedience. He strives to perform what Allah has obligated on him, especially the five daily' prayers as they are the main column of Islam and the greatest of the obligations after the Shahadah (i.e. two testimonies of faith). It is obligatory on each Muslim and Muslimah to maintain the five daily prayers, and perform them at their due times with humility and Khushoo (i.e. tranquillity). Of the most important obligations on a man is to perform the prayers in congregation in the Houses of Allah (i.e. Masajid) which Allah permitted for His Name to be raised and mentioned.

The most important obligation after the prayer is giving the Zakat (i.e. a certain fixed proportion of wealth which is to be paid yearly), Allah says,
وَاَقِيْمُوا الصَّلٰوةَ وَاٰتُوا الزَّكٰوةَ وَاَطِيْعُوا الرَّسُوْلَ لَعَلَّكُمْ تُرْحَمُوْنَ
'And establish prayer and give zakāh and obey the Messenger - that you may receive mercy.' [QS. An-Nur (24):56]
The Great Book of Allah, and the Sunnah of His Noble Messenger (ﷺ), indicates that the one does not give Zakat will be punished on the Day of Judgement. The most important matters after the prayer and Zakat is fasting Ramadhan, it is one of the five pillars of Islam mentioned in the Prophet's saying,
بُنِيَ الإِسْلاَمُ عَلَى خَمْسٍ شَهَادَةِ أَنْ لاَ إِلَهَ إِلاَّ اللَّهُ وَأَنَّ مُحَمَّدًا رَسُولُ اللَّهِ، وَإِقَامِ الصَّلاَةِ، وَإِيتَاءِ الزَّكَاةِ، وَالْحَجِّ، وَصَوْمِ رَمَضَانَ
'Islam is based on (the following) five (principles): To testify that none has the right to be worshipped but Allah and Muhammad is Allah's Messenger (ﷺ). To offer the (compulsory congregational) prayers dutifully and perfectly. To pay Zakat (i.e. obligatory charity) . To perform Hajj. (i.e. Pilgrimage to Mecca). To observe fast during the month of Ramadan.' [Sahih Al-Bukhari]
It is compulsory for a Muslim to protect his Siyam (i.e. fasting and his standing (in prayer) from sayings and actions that Allah has forbidden, as the intent of Siyam (i.e. fasting is obeying Allah and exalting His Sanctities, and striving with the soul against its desires, and encouraging it to have patience with what Allah has prohibited. The intent is not just the mere withholding from food, drink and other things which break Siyam.
Thus, it is obligatory, for the fasting person to be cautioned against all that Allah has prohibited and to preserve all that Allah has obligated on him, and with this it is hoped that he attains forgiveness, salvation from the fire and an accepted Siyam and Qiyam.

There are some Issues however which may be Unknown to some people, such as: it is obligatoty for the Muslim to fast with Eemaan, and hoping (for the reward from Allah), and not out of showing off or blindly following other people such as the people of his county. Rather, it is obligtory for that which encourages him to fast to be his Eemaan that Allah has obligated him to perform it and his hope to be rewarded for it from his Rabb. This is how a Muslim ought to perform Ramadhan, out of Eemaan and hoping for the reward, and not for any other reason.
Of the matters, the ruling of which may be unknown to some people are the things which could occur to a fasting person, such as an injury, bleeding, vomiting, or water reaching his throat unintentionally, all of these matters could ruin the fast, however whoever vomits intentionally ruins his fast. This is based on the Prophet's (ﷺ) saying,
من ذرعه القيء،فلا قضاء،عليه، ومن استقاء،فعليه القضاء،
'Whoever vomit (while fasting) is not obliged to make up the fast, but whoever makes himself vomit on purpose, must make up the fast.' [Musnad Imam Ahmad]
Of the matters also are the fasting person delaying Ghusl (i.e. a ceremonial bath after sexual intercourse) from Janabah (i.e. the state of sexual impurity) up until the beginning of Fajr, and what happens to some women who delay Ghusl (i.e. a bath from ritualistic impurities) from their periods or post-partum bleeding up until the beginning of Fajr. If she sees Tuhr (i.e. blood stoppage) before Fajr, then she has to fast, and there would be no problem in delaying Ghusl (i.e. because of the menses or post-partum bleeding) up until the beginning of Fajr. Yet she is not to delay it up to sunrise, rather she has to make Ghusl (i.e. a bath from rimalistic impurities), and pray Fajr before sunrise. Likewise, for the one who is Junub (i.e. the one who is in a state of sexual impurity), he should not delay Ghusl (i.e. a ceremonial bath after sexual intercourse), to after sunrise. Rather, he has make Ghusl (i.e. a ceremonial bath after sexual intercourse), and pray Fajr before sunrise, and the man has to strive do this so that he can make the Fajr prayer in congregation.

Of the matters, which do not ruin the Fast are blood tests, having injections, except for those which provide nutrition, however, delaying that to the first night takes precedence, and is safer if he is able to do that. This is based on the Prophet's (ﷺ) saying,
‏ دَعْ مَا يَرِيبُكَ إِلَى مَا لاَ يَرِيبُكَ
'Leave that which makes you doubt for that which does not make you doubt.' [Sunan An-Nasa'i; Sahih]
And the Prophet (ﷺ) said,
من اتقى الشبهات فقد استبراً لدينه وعرضه
'He who guards against what is doubtful has sought to protect his religion and his honour.' [Musnad Ahmad]
Of the matters, the Ruling of which may be Hidden to some people are the thought, which some people have, that it is not allowed to pray less than twenty Rakka’at (i.e. prayer units) for 'Taraweeh.' Whereas, some other people think that it is not allowed to pray more than eleven or thirteen Rakka’at (i.e. prayer units), all of these ideas are inappropriate, and are rather erroneous as they oppose the evidences. The authentic Ahadith from Allah's Messenger (ﷺ) indicate that the 'Night Prayer' is broad and there is no restriction which is impermissible to oppose. Rather, it has been corroborated from the Prophet (ﷺ) that he used to pray eleven Rakka’at (i.e. prayer units), and perhaps he would pray thirteen, and he may have prayed less than that, during Ramadhan, and other times.
When the Prophet (ﷺ) was asked about the 'Night Prayer' he (ﷺ) said,
‏ صَلاَةُ اللَّيْلِ مَثْنَى مَثْنَى، فَإِذَا خَشِيَ أَحَدُكُمُ الصُّبْحَ صَلَّى رَكْعَةً وَاحِدَةً، تُوتِرُ لَهُ مَا قَدْ صَلَّى
'"The night prayer is offered as two Rak`at followed by two Rak`at and so on, and if anyone is afraid of the approaching dawn (Fajr prayer) he should pray one Rak`ah and this will be a Witr for all the Rak`at which he has prayed before.' [Sahih Al-Bukhari]
He (ﷺ) did not limit it to any specific number of Rakka’at, either in Ramadhan or any other time. For this reason, his Companions during the time of 'Umar, radhiyallahu 'anhu, sometimes prayed twenty-three Rakka'at, and sometimes eleven. All and the of that has been corroborated from 'Umar and the Companions during his time.
Some of the Salaf (i.e. the Pious Predecessors), used to pray thirty six Rakka’at, in Ramadhan with three Witr (i.e. odd number of units), while some of them used to pray forty-one Rakka’at, this was mentioned by Sheikhul-Isiam Ibn Taymiyyah, rahimahullah, and other people of knowledge. He mentioned that there is some breadth in the matter, and that it is better for the one who lengthens his recitation, Ruko (i.e. bowing), and Sujud (i.e. prostration), is to lessen the number of Rakka’at. While, the one who is brief in his recitation, Ruko and Sujud, should increase the number of Rakka’at, this is the meaning of what he (i.e. Ibn Taymiyyah) said.
Whoever contemplates on the Prophet's Sunnah, knows that it is better pray eleven or thirteen rakka’at, whether in Ramadhan or at any other time, as this concurs which what the Prophet (ﷺ) would do in most cases, is easier for those praying, and closer to humility and Khushoo in prayer. Whoever prays more, then tlicre is neither harm nor dislike in this, as mentioned prior. It is better for the one who prays with the Imam, during Ramadhan to not depart from the prayer, except when the Imam does. This is based on the Prophet's saying,
إِنَّهُ مَنْ قَامَ مَعَ الإِمَامِ حَتَّى يَنْصَرِفَ كُتِبَ لَهُ قِيَامُ لَيْلَةٍ
'Indeed, whoever stands (praying) with the Imam until he finished, then it is recorded for him that he prayed the whole night.' [Jami'at Tirmidhi; Sahih]
It is legislated for all muslims to strive to perform all types of worship during this noble Month, such as voluntaty prayers; recitation of the Qur'an with reflection and contemplation; abundant Tasbeeh (i.e. to say 'Subhana Allah'), Tahleel (i.e. to say 'La llaha Illa Allahu'), Tahmeed ( i.e. to say ' 'Alhamdulilah'), and Takbeer (i.e. to say 'Allahu Akbar'), seeking forgiveness from Allah; and Divinely Legislated supplication; instructing good and forbidding evil; calling to Allah; consoling the poor and the needy; striving to do good to ones parents and to maintain the ties of kinship; being kind to ones neighbors; visiting the sick and other types of good actions."

Swara then said, "That's some advice from our Sheikh, may Allah accept our fasting, forgive our sins, and guide us all to the Straight Path in this Ramadhan. Allahumma Aameen."

Slowly Swara disappeared in silence, followed by her chanting,

I just love the way you make me feel
Every time you come around you
breathe life into my soul
And I promise that
I’ll try throughout the year
To keep your spirit alive In my heart it never dies
O Ramadan!

Ramadan Ramadan, Ramadan ya habib
[Ramadan, Ramadan, Ramadan O beloved]
Ramadan Ramadan, laytaka dawman qareeb
[Ramadan, Ramadan, how I wish you were always near] *)
Citations & References:
- Sheikh Abdul -Aziz bin Abdullah bin Baaz, rahimahullah, The Virtue of Siyam & Qiyam during the Month of Ramadhan, Al-Hujjah
*) "Ramadan" written by Bara Kherigi & Maher Zain