CHALLENGES FACING SHARIAH IN SOMALIA

BY IDRIS AHMED OSMAN

INTRODUCTION:

This report combines solution proposal, challenges against Shri’ah, analysis of the current situation of the country, ideal concept of Shar’iah implementation, social enlightenment about global challenges in the wake of globalisation, and identification of Shri’ah foes and friends.

It is dedicated to the beautiful martyred soul of the fallen true patriotic young gallant who sacrificed his life for the liberation of the country from the Ethiopian colonialist. It is an honest attempt to uphold his legacy, not waste his efforts to the drain, and rescue his good intention and efforts from being tarnished by internal conflict following aftermath of freedom fight.

In Afghanistan, as soon as the Soviet Union was defeated, the freedom fighters (Mujahedeen) indulged in a feud which led to dichotomy, hence bloody civil wars. Whoever does not respond and submit to negotiations and reconciliation for peace is not following the Shari’ah. War between Muslims is unacceptable in Islam. War in general is not priority in Islam.

In principle, the one who is calling to Shri’ah should be on the vanguard of calling to peace. I would like to herein point out to a couple of remarkable points: So long, I have been trying in Jihad: definition No Redefinition and in Shri’ah: The sole panacea to all our problems, to rectify the misconception levelled against the noble Shari’ah, while fending off the daring evil of apostate Islamophobes who had been in the making for the last two decades. Instead of generalising and taking on the ideal concepts of Islam, those with good intention should have clarified what Shri’ah says to what claimants thereof are abusively doing.

The Islamophobe’s covert intent, in their campaign against the Shari’ah, is the former to say Shri’ah backwardness instead of saying, if any, backwardness of some few ignorant Muslims. Therefore I will write about historically tangible facts supported by authentic documented evidences. The complexity of proposing solution to the Somali problem lies in the nature of its sensitivity and elasticity, susceptible to be potentially hijacked and moulded in favour of a certain group.

One should carefully tread and beware of biased attitude. The least suspicion of being lopsided to one group will definitely reduce all sincere efforts to accusation of clan or political alliance. In view of this fact, I would like to declare total neutrality and disclaimer of any prejudice and bias. I lay my trust on the Almighty Allah and I feel the need for correction, criticism and comments, whenever and wherever I sway from justice and fail to achieve the truth.

FOUR STEPS FOR NATIONAL RECONCILIATION MECHANISM BASED SOLELY ON QUR’AN AND SUNNAH:

“[1]If two parties among the Believers fall into a quarrel, make ye peace between them: but if one of them transgresses beyond bounds against the other then fight ye (all) against the one that transgresses until it complies with the command of Allah; but if it complies then make peace between them with justice and be fair: for Allah loves those who are fair (and just)”.

[2]O ye who believe! Obey Allah, and obey the Messenger, and those charged with authority among you. If ye differ in anything among yourselves, refer it to Allah and His Messenger, if ye do believe in Allah and the Last Day: That is best, and most suitable for final determination. [3]Whatever it be wherein ye differ, the decision thereof is with Allah. Such is Allah my Lord: In Him I trust, and to Him I turn

“[4]Support your brother whether oppressor or being oppressed” Either oppressor or being oppressed, there is a distinctive verdict which entitles support for both cases. Support for the oppressed is significant, what about the oppressor?!. How one is supposed to support the oppressor?!. Here, the hadith of the prophet salallahu alihi wasallam illuminates it as holding the oppressor’s hand back to curb the latter’s transgression and oppression. In other words, preventing the oppressor to transgress on others.

[5]Were people to be given according to their claims, some would claim the wealth and blood of others. But the burden of proof is upon the claimant and the taking of an oath is upon the one who denies (the allegation)."

[6]And those who, having done something to be ashamed of, or wronged their own souls, earnestly bring Allah to mind, and ask for forgiveness for their sins,- and who can forgive sins except Allah.- and are never obstinate in persisting knowingly in (the wrong) they have done.
Simply, anyone who is against peace through the above mentioned Qur’anic guidelines is against the Qur’an and Sunnah. Above mentioned is a religious

Solution proposal calling for peace keeping, reconciliation, advice to the adversary brothers, then humble response to the truth and the right.

Take this solution proposal as an acid test to gauge the authenticity of anyone group who claims religious noble cause, whether it rejects or submits to it.

Ethiopia and Eritrea are taking turns on us directly or indirectly. Neither Ethiopia, in between the African peace keeping forces, nor Eritrea, shall leave you alone until you regain your sound conscience and prioritize reconciliation and peace. As Ethiopia’s military phase failed with the global failure of its sponsor, the US; the former may opt to settle accounts with its enemies through clandestine and calculated assassinations in this phase of I against my brother. Eritrea, though could still keep its subtle phase of turning Somalis against each other by fostering violence and dissuading the other group to accept peace talks.

Somalis are exhausted by ravaging wars; hence do not need further bloodshed. But Alxamdulillah, Somali peace lovers enjoy high spirit, glittering hopes, and see very bright light at the end of this dark and destructive tunnel. Twenty years of military rule, followed by another twenty years of anarchy, Wallahi, this is against Islam. This is not Islam at all. Islam is based on prioritizing the advantages over the disadvantages, and opting for the inescapable lesser evil, where there is a predicament of worse evil. I am adamant to invoke Allah the Almighty to witness; please tell me who is responsible of the following:

Somali Refugees who try to escape torments and harsh life in the country via the ocean, surface as corpses on the Yemeni shores.

Somali Refugees in South Africa living in horror, killed and robbed by gangs, their businesses threatened and attacked.

Mass exodus of refugees displaced from areas of heavy shelling and fierce battle in Mogadishu and elsewhere, who are seeking shelter in safer places is escalating day after another.

Hundreds of thousands of Somali families living in the Diaspora, apprehended of brainwashing cultural invasion and morally-wretched lifestyle, channelled towards their offspring, are strenuously desperate to get moral and spiritual rehabilitation back in peaceful Somalia, the same fear they escaped two decades ago in search of safe shelter from the fatal fire fighting.

Piracy is proving to be a curse with which the international marine navigation is being plagued. (Positive at least to attract international attention and concern to Somalia’s deteriorating plight).

The main sovereignty of Somali territory, both land and sea is in jeopardy. Ethiopia mobilises its military to march through the porous Somali borders while Kenya desires to take part our southern ocean in what it calls Kenyan territories demarcation process under the IGAD capacity building programme against terrorism (ICPAT) United Nations S/RES/1851 (2008) (ICPAT
)
The ocean has been poisoned with radioactive waste material whose degrading lifetime extends decades, if not centuries. It is due to this heinous crime that already malnourished vulnerable children are suffering of large doses of radioactive intake, hence peculiar diseases. Read here.

In a single day Somali news, one pitifully hears displacement of families, mass murder in an explosion, outbreak of an epidemic, capsize of a certain yawl and the death of tens of Somalis, the target killing of individuals, starvation, shortage of medical supplies, the corrosion of mosques owing to lack of maintenance, kidnappings, etc.

[7]The off-shore fishing vessels, stealing our marine resources while we are preoccupied killing each other, include those sailing under flags of conveniences such as China, France, Germany, UK, Honduras, India, Italy, Japan, Kenya, Korea, Pakistan, Portugal, Saudi Arabia, Soviet Federation, Spain, Sri Lanka, Taiwan, Thailand and Yemen had allegedly fished within 12 miles or less of Somali waters.
No single group, leader or politician is being spared accountability to above mentioned list.

To varying levels, all have committed their share of the crime. Where is the role of the Somali Religious Scholars (council of Ulema) to stand up for implementing the four step mechanism?. Not necessarily religious scholars, though I have specially opted to them due to their knowledge of lawful and unlawful matters. Any sage men, pious and peace loving group, among the believers could fulfil this task. However the absence of this factor “a body of senior scholars constituting a source of enlightenment” created a vacuum that has been filled by external guidance and interference.

One of the conditions in finding solution lies in thorough study and understanding of the situation, place and people. It is evident that instructions and guidelines relating to the internal affairs come from outside. An external third party who is oblivious to the incumbent circumstances of Somalia can not dictate its socio-political strategies. There is famous statement in this perspective which goes as: Meccan inhabitants know better the alleyways of its mountains. “Ahlu Makka Adraa Beshi’abeha

“Neither is it possible, at this time and in these circumstances, to realise self-dependent Somalis who can deal with their local affairs by themselves. The government as well as the oppositionist group both seek economic, security, logistic, and technical support from external sources. However, had it been possible to do so, then the above said solution would be implemented in this four step method:

The local neutral peace-keeping believers is not easy to be available for various reasons of which: Its potential accusation of alliance with and allegiance to one side in issuing verdicts.

It is lack of stamina, force, provision, facilities, powers and social sovereignty, to cope with transgression or potential threats from any group. “Fight ye all, the one that transgresses” denotes this neutral peace keepers should be well armed. The peace keepers are not a group, neither a certain category of the believers; it is a call duty upon all believers to collectively suppress the rebellious, transgressing, troublesome part thereof. It is like the whole body working together and acting as immunity to a disease that afflicted part of it.

Premeditated misinterpretation of its efforts mainly owing to political factor, with slight clannish correlation. These neutral and capable local peace keepers, if possible, would enable it to stand as an arbitrator to settle conflicts between any two groups.

Initial hearing in a national reconciliation conference between the adversaries would determine the oppressor and the oppressed, towards whose side tilts the right, then judging in favour for the latter and disciplining the wrong party.
This latter who has done something to be ashamed of, or wronged their own souls, should bring Allah to mind, submit to justice and ask forgiveness for their sins.
CHALLENGES AGAINST SHARI’AH:

If we are all witnessing the current crisis, understood well what is meant by neutral local peace keeping force; is it not part of the Shri’ah, to return to the ruling of Allah, reconcile, compromise and make peace?!. Is it not objectives of Shari’ah (Maqased Al-AShari’ah) not to shed blood of a Muslim, provide safety and security, not to violate the dignity of Muslims, and not to terrorise them?!.

It is not a matter of when, as far it is a matter of how, to implement the Shari’ah. It seems that patrons of Shari’ah did not carefully study the challenges against it. Many historical evidences can be imported, but in a nutshell, the whole current governmental systems both in Muslim and non-Muslim world is against Shari’ah. Are you shocked?!, you should not. Shari’ah means going back to the early golden age of Islam. The following categories would definitely directly or indirectly fight against the Shari’ah:

The former colonialist of Southern Somalia (Italy) wants its sycophants, same treacherous criminals who gave it the chance to dump its nuclear waste in our waters, for few dollars, in power. It also favours the same squadron of secularists/liberalists who graduated from its school of thought, in authority in the country.

These mindless morons used, during the former military regime, to facilitate the Italian franchise of Somali fruits export. Italy, as a colonialist, is one of the worst enemies of Somalia. Somalis who fled to Italy as an intermediate port of call or search for livelihood found themselves being treated as free slaves. Despicable Job opportunities are offered to the ladies only as domestic servants, men are left idle on the streets without any income, study and citizenship.

We always used to hear: “Starve your dog and it follows you”. Ironically, still there are those who would adorn the Italian Mafia as their masters. (Talyaani maracadaa !.) A stigma of shame on those wanton officials who filled their bank accounts in exchange with the dumping of hazardous poison in our oceans causing death and destruction to their own people. Shri’ah means total freedom from colonialism.

Ethiopia, Eritrea, Kenya and Uganda, fear Islamic state revival and Shari’ah implementation next door. They shall never leave any stone unturned to diminish and try to crack it down by any means, direct or indirect. Ethiopian regime is colonizing Somali territories of the Ogadeni region. The inhabitants of this region are persistently fighting for their freedom.

The Ethiopian regime human rights record is marred by detention, torture, killing, rape and looting of Ogadeni people. Amnesty reports infer to horrendous crimes committed by the Ethiopian army in the Ogadeni region. The Eritrean regime, like Ethiopia, is fighting with iron fist Muslim freedom fighters. Eritrea’s predominant Muslim population is subjugated to intimidation, harassment and torture.

Third generation (progeny) of Eritrean Muslims whose grandfathers fled the Ethiopian regime before independence are still wandering as refugees around the globe, unable to live in peace in their country. Would Eritrean regime sincerely support Islamic Shari’ah set up in Somalia?!. Both Ethiopia and Eritrea view Shri’ah as a prototype for the end of their dominion over oppressed Muslims. Kenya milks millions of dollars of annual revenue from QAT export to Somalia.

As a narcotic plant, dangerous to health and wealth. The Shari’ah, prompted by the hadith of [8]"There shall be no infliction of harm on oneself or others". (Laa dhrar walaa Dhraar QAT inflicts harm on oneself and others too) is set to ban it. Would Kenya then, in addition to other geopolitical strategies against Somalia, stay quiet about the Shari’ah?!.

Neocons, patrons of New World Order in The US, as well as the East and West in general shall never cease to fight the renaissance of Islamic state. In 1095 CE, Medieval Europe united both its Catholic and Orthodox Churches, when the Byzantine Emperor Alexius Commenus requested help; Western Europe sent enormous support to rob Jerusalem from the Muslims. Jerusalem currently being under the occupation of the Zionist entity, benefactors and beneficiaries of New World Order, Shari’ah or restoration of Islamic state is viewed as starting point to reclaiming occupied sacred mosque in Jerusalem and threat to the capitalist economy.

The TFG acknowledges well, even its Eritrea based opponents do, that reconstruction of the country, aid fund, reciprocal relations, investments, political ties, do not come without conditions. Not only the US and EU, have demands that the TFG must fulfil, but also Arab countries have the same. It is either fully-fledged Shri’ah or global boycott.

Almost all leaders of Muslim countries shall either fight Shari’ah indirectly, safeguard their personal interests not to support it, or pay lip service but mischievously eradicate any Muslim group calling for Shari’ah. Shari’ah means social justice, social equality, and equal opportunity in distribution of national resources, total elimination of ruling elite whose family members enjoy highest level of luxurious life, protected and body-guarded by military men of their own. Rulers of Saudia, Egypt as well as North African countries are in constant wrestle with Islamic groups.

Egypt’s Muslim brotherhood and FIS party in Algeria even followed legal democratic and partisan method to implement Shari’ah, yet they were totally denied any official, credential acknowledgement. If those leaders allowed Shri’ah in Somalia, they are afraid it to become sparkle or nucleus of global proliferation of Shari’ah demands and awakening. Shri’ah is a menace to their iniquitous rule. These leaders allocated huge budget to obstruct any attempt to the return of a pure Islamic state.

The executions, harsh torture, illegal underground detention, of Islamists, are innumerable with total media blackout. A simple comparison of GCC interaction with TFG now, offering hundreds of millions of dollars in Aid and absolute denial of ICU then, clearly depicts the whole scenario. Beating the pirates who are choking international businesses, across the red sea via the Gulf of Aden, to bottle-neck navigation maybe another catalyst or precipitant.
Secularists, Liberalists, Leninists, Marxists, Capitalists; Somalis with Muslim identities who have been programmed and mindset for years to believe life is material.

Religion is the opium of the people. Islam is leading us to backwardness. In their deceived eyes, Shar’iah is the enemy of progress and development.
All deviant religious groups who follow their lusts, compromising with their religion; the superstitious practice of these groups, imply what is Caesar’s is for Caesar and what is God is for God.

As long as they are not disturbed and left free to retreat in their monasteries or cluster around the graveyards, practice mysticism and polytheism; they let the state affairs be dealt with by every and any devil. A historical example would be the ten Sari’ah-loving cleric martyrs who were executed on firing squad, while the other corrupt bogus clerics were blessing the presidential palace with supplications and prayers.

Shari’ah, as the puritanical religious practice derived from the crystal-clear sources of Quran and Sunnah, shall be seen as a challenge by those deviant groups or orders.

The feminists among the liberals and secularists who raise deceitful banner of women’s right and freedom shall be against Shari’ah. Why?!.
Simply because Shari’ah protects women’s chastity and purity, covering it with noble cloak of modesty. The wicked feminists intend to bare her naked, immodest, unchaste, and reduce her to the lowest of all low.

WHO ARE THE GENUINE SPONSORS OF SHARI’AH?!

I have to admit in advance that the following procedure in Shari’ah implementation would be very tough. Forewarned is forearmed. These two preparations always go in parallel, if one of them is abandoned, it will have negative repercussions on the whole objective. It requires self-denial, self-restraint, and accurate application of the exact methodology of the prophet’s (salallahu alaihi wasallam) practical application of Shari’ah. Through tribulations and temptations, same as group after group of weak faith failed the test to face Goliath and his army in the time of King Samuel or Saul. Overcoming the temptation of a crystal-clear cold water of a river, by a severely thirsty army of the king, was a test to certify those who could resist and defeat the ferocious army of Goliath:

[9]When Talut set forth with the armies, he said: "(Allah) will test you at the stream: if any drinks of its water, He goes not with my army: Only those who taste not of it go with me: A mere sip out of the hand is excused." but they all drank of it, except a few. When they crossed the river,- He and the faithful ones with him,- they said: "This day We cannot cope with Goliath and his forces." but those who were convinced that they must meet Allah, said: "How oft, by Allah's will, Hath a small force vanquished a big one? Allah is with those who steadfastly persevere."

The following is the test of this Ummah. Specially sponsors of Shari’ah:

[10]Thou wilt not find any people who believe in Allah and the Last Day, loving those who resist Allah and His Messenger, even though they were their fathers or their sons, or their brothers, or their kindred. For such He has written Faith in their hearts, and strengthened them with a spirit from Himself. And He will admit them to Gardens beneath which Rivers flow, to dwell therein (for ever). Allah will be well pleased with them, and they with Him. They are the Party of Allah. Truly it is the Party of Allah that will achieve Felicity.

Parents, wife and children, brothers and sisters, clan members, shall be denied emotional affection, should they resist Allah and His messenger. All citizens shall be treated equal in terms of social duty and justice. Unequal opportunities or social ranks and biased privileges shall be abolished, therefore no two human will one of them be equal to one half of the other; hence no 4.5 social division. Remember the hadith of the prophet salallahu alaihi wasallam: [11]“The nations before you were doomed with destruction because they set free reputable thieves and punished the weak, by Allah, if Fatima (bint Muhammad), daughter of Muhammad stole, I would chop off her hand”.

It would be better for anyone who would prioritize personal interest, close next of kin and clan members over the Shari’ah legislation, to withdraw now.

Shari’ah will require men in whose sight and evaluation, stone and gold make no difference when it comes to the law of Allah. The above hadith is famous about the noble clan Qureishi, Makhzumiyah, woman who stole. The companion sent Usama to seek intercession for her, the prophet then angrily responded and uttered the above most just, pearl and jewel words, which indicate all are equal in front of the law of Allah, the Shri’ah.

The main purpose of the genuine sponsors of Shari’ah shall be the implementation of the law of Allah on earth, no matter who does it, so that justice and equality prevail. In the real sense of the word, this means seeking no position or authority. If, by any means, the sincerity is being tarnished and distorted by desire of worldly gain, such as position, authority, fame, treasury or presidency, sought in the name of religion, it will render the noble causes and ideal concepts null and void.

The least evil desire and wily intention to employ religious slogans to achieve any above mentioned is a mix of fuel and fire that shall burn up its perpetrator to ashes. I think it is enough for an admonishment and warning!. This point is extremely important due to previous failures of struggles caused by participants with hidden political agenda. It should not be recurred again.

WHAT SHOULD SHARI’AH SPONSORS DO?!:

Education: [12]Imam Bukhari’s naming a whole section of his great Hadith book, seeking knowledge before saying anything and doing deeds (Al’ilm qablal qawli wal A’mal) should be an inspiration to all, especially more to Shari’ah sponsors. Almost all of the local oppositionists to Shari’ah mentioned above

Come from a background of ignorance to Shari’ah.

Somalia has always been and shall always be a Muslim country. However, no time ever in the past has an effort been made to implement Shari’ah. Colonialism, unstable independence, twenty years of military rule, another twenty years of chaos and bloodshed, it is the whole life span of two generation.

Alxamdulillah, the public inner conscience towards Islamic divine law has been revived. They know that the East and West provide no solution, refuge or safe haven for them, metaphorically, by deriving systems and principles of life from them. They are well aware of the fact that communism failed them, imperialism and capitalism enslaved them. The only solution is Islam.

They also know, by now, that literally a refuge or asylum in the Diaspora avails naught and there is no home like home. However the public do not know the actual application of Shari’ah in every aspect of life. Yet, all enemies of Shari’ah such as Islamophobes, secularists, liberals, Leninists, Marxists, communists, imperialists, capitalists, freemasons, neocons, and feminists, apprehended the public with propaganda against Shari’ah.

Whenever there is human error in an effort to implement Shari’ah, it is an advantage for them to say: Look, how barbaric, backward, harsh and brutal killing; did not we tell you before, Shari’ah is inconvenient in this time and inconsistent to the situation in Somalia now!. It is all about chopping hands, stoning married adulterers, execution, etc.

The role to educate the public about Shri’ah is missing. The general public, as Muslims, specially the older generation knew the book of Allah (Qur’an) is sacred noble book for blessings. They never experienced Qur’an which is the basic foundation of a constitution, Qur’an and Sunnah which are taken as verdict in courts. Man-made laws have been enacted as sources of jurisdiction in courts. Therefore the public need huge extensive enlightenment about the Shari’ah.

An educational campaign similar to the process successfully followed by the ICU during its six months of rule was going to increase public awareness. Islamic schools (Madares) to be established, Islamic courses, lectures, circles of study, intensified in local Masajids wherever sponsors of Shari’ah happen to dominate. Peaceful approach and calm engagement by educating the public is the best solution. In the time of the prophet salallahu alaihi wasallam, it was the inner conscience of the believers, who demanded implementation of Shari’ah, after they have been, faithfully, morally, intellectually, trained by the greatest teacher of all humanity Muhammad salallahu alaihi wasallam.

What made Alghamadeya who committed adultery (may Allah the Almighty have mercy on her and dwell her in paradise) to come to the prophet and say:

O’ prophet, I committed adultery; I want to be punished for it. O’ prophet, do you intend to send me away without being punished, please?!. I am pregnant with illegitimate baby. He said go now until you deliver the baby. She came back with a baby, now I am ready!. He sends her back come back until the bay is weaned. She could not sleep day and night, so anxious to wean the baby and purify herself of the sins.

What is this incredible motive of Ma’ez, the young man who committed adultery, who came to the prophet and said: O’ prophet, I committed adultery, purify me?!. The prophet turned aside from him, Ma’ez turned his face to the same side of the prophet, reiterating the same statement, as if he was begging for it. It was that faith which has been nourished by the knowledge of Allah’s greatness which led that one of three companion who remained behind from Tabuk expedition to tie himself (imprison) in one of the pillars.

Avowing not to eat and drink until he dies or the prophet comes and unties him, in expiation of committing a sin and feeling guilty!. More wonderful is how the Muslim community, even their closest relatives, carried out excommunication of the three who remained behind. The corporal punishment and execution is deterrent means only to achieve the end target of social justice.

[13]Casting doubts on the judicial corporal punishments [14](Udru’u Al Huduuda Bishubahat). This is the hadith on which most of the arguments of the conditions in carrying out the judicial corporal punishment focus. It would be worthwhile to import some of the great scholar’s analysis thereof. It seems that

It maybe partially true in certain cases in Somalia today. Ibn Kather says:

I have never come across the hadith in this wording, the closest match would be the hadith narrated by Al–Tirmidhi through Aisha that the prophet salallahu alaihi wasallam said: [15]“Do cast doubts on the corporal punishments as much as you can, if there is any excuse for the defendant, then release him, for the leader (the judge) to commit an error in acquittal is better for him than to make a mistake in fulfilling the punishment”.

Ibn Hajar has classified the hadith in its narration through Abu Hureira as weak hadith. Its implication and the companion’s acting on it also make its meaning significant. Great companions like Umar Ibn Al Khattab in his reign, Aisha, Ibn Mas’ud, and Ibn Al-Zubeir, have been very attentive, had tremendous reservations in carrying out corporal punishments in vague and suspicious cases.

The hadith, in its traceable form has been weakened by Al-Tirmidhi but authenticated by Al-Hakem. Unfortunately, the hadith has been taken out of context by opponents of Shri’ah to advocate for the negation and dysfunction of it. Besides, sponsors of Shri’ah sometimes ignore the required extreme precautions just to have implemented it. This undoubtedly affects the reputation of not the noble Shri’ah (make no mistake here), but weakens only its claimants or sponsors.

When Ma’ez Ibn Malek Al-Aslami came to confess committing adultery, the prophet turned his face aside, Ma’ez followed him to that side, the prophet turned his face to the other side, Ma’ez still insisted to bring the matter to the kind attention of the prophet. There is great lesson to learn from the Sunnah of the prophet salallahu alaihi wasallam. While the Shari’ah is officially functioning among the Muslims, there are certain circumstances and conditions which entail special reservations in its application on certain individual coassions. This does not mean not fulfilling other parts of Shri’ah; neither does it mean its inconvenience or unsuitability to the current situation and time. To clearly say the law of Allah is outdated and not suitable to place and time or Man-made law is better than that of Allah is plain blasphemy (Kufr Bawaah).

It is a matter of preparing the maturity, mentality and mindset of the public.

Furthermore, the Shari’ah is not corporal punishment or execution only. It is wider in range than this part of legal punishment in order to maintain social security, safety, stability, and peace. It is games of the mind, which enemies of Shari’ah are playing. It is winning the hearts and minds of the public. Shari’ah

Defenders need to present the public with fool-proof analogies of Shari’ah life.

When the public notice that you are following the following ideal examples, it means a practical lesson for them. Ali Ibn Abi Taleb, then leader of the believers, was summoned with a Jew, side by side on the same stage in front of the judge, in a court; what happened?!. Ali Ibn Abi Taleb lost his shield in a battlefield; a Jew took it who insisted it was his. The judge asked Ali: do you have any witness or evidence?!. Ali replied: No. The judge said: then it is the Jew’s property. Ali agreed and said it is a fair verdict!. The Jew then confessed and said: it was yours and I bear witness that there is no deity worthy of worship except Allah and Muhammad is the messenger of Allah.

In regions under sponsors of Shri’ah, why not establish stability and smooth running life?!. Support the needy, feed the poor, revitalize and galvanise booming businesses?!. Contribute to building hospitals, digging wells, and passing relief aid to the starving and malnourished families?!. That is Shari’ah.

Without taking Shar’iah to the people, people would rush to Shari’ah.

HISTORY OF SHARI’AH IN MODERN ERA

Having understood the purposes of Shariah (Maqased Al Shariah), it would be better to go through Shri’ah in modern history.

It was the Iranian Shah Isma’el Safavid (Safawi), 1502-1736, followed by Shah Abbas I and Shah Abbas II, who collaborated with the Western to resist the Sunni Ottoman empire advances into Europe. As a bitter enemy of Islam, the Nuseiri, Shah Isma’el Safavid and both his successors, together with the Portuguese, Dutch and Austrian colonialists who broke the back bone of the Ottomans. Disguising in Islam, the Iranian Shiite Safavid, to this day pose hostility to the Sunnah.

During the Safavid dynasty, they destroyed all Sunni Mosques and Islamic schools, killed Sunni clerics, issued a decree that all Imams curse 1st and 2nd Caliph of the prophet, Abu-Bakr and Umar, on the pulpit in Friday sermons. The Safavids in Iran today disguise in Shi’ism to uproot Sunni Islam and regenerate the Zoroastrian Persian Empire, in revenge to the decline of the latter at the hands of the second Caliph. Before the Iranian Safavid dynasty came to power, Iran had been a Sunni country for seven centuries.

Today in Iran, one third of the population are Sunni, who are denied basic human rights. They suffer of constant expulsion, torture, limitation of their freedom to education, and right of worship. The treaty between the Iranian Safavid Shiites and the Portuguese Empire was based on a reciprocal cooperation that Iran turned blind eye on the Portuguese accessibility and dominion on the Strait of Hormuz and the Portuguese military cooperation with Iran to stop and defeat the Sunni Ottoman Empire.

The Iranian Shiites hitherto believe the current infallible Quran has been distorted and changed. They believe in a different book (Quran) which they call “Mas-haf Fatima”. Iranian policy has always been against the Shari’ah. That is if we are not being drifted along and fooled by their false claims of serving Islam.

Later the Ottoman Empire, having suffered blows, has been weakened by corruption, innovations, sweeping Western ideologies. The Ottoman rulers changed the Islamic system with the Western system. By the beginning of 19th century, the Ottoman Empire started to crumble into pieces. Territories under its dominion were divided between British and French colonialists who extended its powers over it.

It is worth mentioning at this point that the ruler of Hejaz, Sharif Hussein, supported the colonialists against the Ottoman Turks. Sharif Hussein was fooled, as many Arab rulers today, by the British general to support the British defeat the Ottoman Turks, in return he was falsely promised to be ruler of whole Arabia. By defeating the Turks, the sacred Mosque in Jerusalem (Beytul Maqdas), fell in the hands of the British protectorates, to be transferred later to the Zionist entity through Balfour treaty. And Sherif Hussein was dumped into exile.

Shri’ah attempts in Pakistan, Sudan in Numeri era, some provinces in Malaysia and Nigeria, has been either amended or terminated completely.

The total number of 56 Muslim countries in the world, none implements Shari’ah completely and purely as it ought to be. Shari’ah, practically applied,

Puts to halt current regime’s corrupt systems; in addition, the ex-colonialist countries who are still exploiting former colonies shall not hesitate to fight it.

The ex-colonialists are confident that well-established Shari’ah would bring about relief to their colonies. For instance, if Shari’ah-based banking system, totally independent of the Western financial system, were to be founded in an

Islamic state, sudden transfer of accounts held in the West would occur. These funds would be invested in development projects in the Islamic state.

Since then the calamity of new Middle East according to Sykes-Picot division, British and French ministries agreed to divide and conquer the Middle East between them. Followed by Lawrence of Arabia, General Allenby, together with Napoleon of France in North Africa, nations in the Muslim world fell to their knees, decline started, Shri’ah and Islamic state was abolished. Education, Economic, Government Administration, Policy-making and Public relations, in the Muslim world was since based on the Western system.

If Islamic state were to be re-established, natural resources in Muslim countries, such as oil, gas, metal and other elements, agricultural produce, marine resources, would not be robbed via a puppet dictator and his military henchmen. The Muslim nations would break the shackles and get freedom from decades long brainwashing. The Italians kept us in the nook for half a century. The Italian film industry even used to translate the original American films into Italian language, lest the cultural change would not yield a side effect of the English language overtaking the Italian language.

It would not matter to them as long as our youth hail American Rambo and Arnold Schwarzenegger as legendary heroes and role models as long as we understand them through the Italian concept. It is surprising how the Islamic movements in Somalia took the whole concept of re-establishing Islamic-based country in the horn of Africa so easy and simple!. It would mean no more IMF debts in economic enslavement, unwinding the whole system which the Western colonialists have been programming in a matter of less than five years!.

General Dhia-ul-Haq of Pakistan is a good example of a statesman with authority who had initiated the re-establishment of Islamic law in Pakistan. Soon, the aeroplane he was on board was blown to pieces by the CIA.

While Muslim leaders with authority and motivation to introduce Shri’ah system are the highest level of alert, however other individuals who may pose threat to injustice, create awareness to oppression and speak out against the colonial systems perpetuating influence are put to death by assassination or otherwise. This is how dangerous revival of Islamic state is to the colonial powers that are still colonizing and dominating Muslim states.

Malik Shabbaz (Malcolm X) had never been a threat when he was non- Muslim Nation of Islam member. As soon as he understood the correct and right Islam, his mission became very dangerous and he had to die:

[16]As to those who deny the Signs of Allah and in defiance of right, slay the prophets, and slay those who teach just dealing with mankind, announce to them a grievous penalty.

Not only Muslim leaders though, even non Muslims with an innate of justice and an intuitive tendency to social equality was seen as a threat to the powers that tend to enslave nations. Martin Luther King was another non-Muslim example.

Look, how an alarm of danger was soon raised, when ICU came to power, youth switched direction from foreign non-Islamic culture to Islamic tradition. Real life legendry heroes, Umar Ibn Al-Khattab, Ali Ibn Abi Taleb, Khaled ibn Al Waled, Zeyd Ibn Muhalhel (Zeyd Al Kheir), became role models. Women like Khadija, Asiha, Fatima, Maryama bint Imran and Asiya bint Mazahem, became role models for sisters. Then the enemies of Shari’ah barked through their media that an Arab culture was substituted with the Somali culture!. Was the Italian colonialist culture, a Somali culture?!. Is the Western culture in which our youth are bred at the moment a Somali culture?!.

OPPRESSOR OR BEING OPPRESSED?!:

There is a word of wisdom which says: “Using the sword in the place of gentleness (mildness) is as dangerous as using gentleness in the place of the sword. “Wadh’u Seyfi Fi Mowdhi’il Nadaa Bil’Ulaa, Mudherun ka wadhi’il Nada Fi mowdhi’ Seyf”. Very beautiful prose which suitably matches the beauty of armed struggle, strength, courage, feat, and ferocity when expelling the Ethiopian invaders; opposite to the awkwardness, ill-fate, death and destruction of internal conflict, killing own fellow Muslim brother now.

In order to defend own misdeeds, rationalise murder, a Takfeeri concept can be introduced, but it is not going to work out in the correct understanding of the Qur’an and Sunnah. Takfeeri trend (accusing fellow Muslim of apostasy without clear-cut evidence) is the result of stringent counter-reaction to a system or individual’s denial, negligence or bereavement of the law of Allah.

Muslim killing is unacceptable. On many occasions, prophesying on the tribulations ahead and internal conflicts; the prophet salallahu alaihi wasallam warned Muslims to be embroiled therein. If two Muslims face each other with their swords, both the killer and the killed are in hell fire.

Break your sword and retreat in between two mountains shepherding your sheep. Better to be one of the two sons of Adam (Abel), who did not kill his brother, than to be (Cain), the killer; that is the best situation of a Muslim when the tribulations and temptations of internal conflict happen.

[17]"If thou dost stretch thy hand against me, to slay me, it is not for me to stretch my hand against thee to slay thee: for I do fear Allah, the cherisher of the worlds.”

There is no the least justification to killing of a Muslim. Wallahi, every single drop of innocent blood of a Muslim shed, it is the same as killing the whole of humanity. Suicide explosion within Muslims, killing or wounding innocents is not of Islam at all.

THE DANGERS OF TAKFEERI PHENOMENON:

[18]The Messenger sallallaahu alaihi wasallam said: "He who says to his brother 'O Disbeliever', then it returns upon one of them.”.

[19]He also said: "And he who accuses a believer of Kufr (disbelief) then it is like killing him.".

It is not that easy to throw apostasy, disbelief, on someone without scrutinising and clarifying the underlying obscurities of certain actions or statements.

Let us, for the sake of argument, as do the Takfseri school of thought reject all reservations in the interpretation of the verse:

[20]If any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) Unbelievers.

Let us say, No Kufr- duuna Kufr, lesser form of blasphemy (Kufr) which does not negate faith or any other interpretations by the companion, jurists and scholars. The question is, what condition the scholars laid for the removal of the apostate ruler?!. Any group who is rushing to Takfeer accusation then target killing or trying to derail peace attempts by exploding innocent Muslims is absolutely wrong.

Even if the apostasy of a certain regime were established, the first and foremost condition is not to create worse situation (FITNA), if the opponents are not strong enough to uproot it at once and without any harm to other innocents. Today, many innocents Muslims died by target killing explosion of certain individualism, that is even, for arguments sake, after the Ethiopians evacuated. Who is responsible of the blood shed?!. I do not have the least qualm that enemy sources who want to kill the Somali Muslims are behind it.

The Takfeeri concept is being contradicted and neutralised with a totally opposite school of thought. The latter goes to the opposite extreme not only to show loyalty and allegiance to the corrupt rulers but also embrace them as just rulers. Subscribers to this school of thought derive their evidences based on the complete negation of deeds to have any influence on the faith of an individual. The Irjaa phenomenon ( Thaahirat Al –Irjaa ) whose members are called Murji’tes firm hold to the opinion that faith ( Eimaan) is resolving by the heart and uttering by the tongue, while the deeds are condition of completeness of faith, not necessarily a constituent of the articles of faith.

The Takfeeris are extreme form of a group totally opposite to the Murji’ites called Khawarej. The Khawarej believe that major sins will render its doer to blasphemy. Unfortunately, the enemies of Islam have taken advantage in both cases, namely Takfeeri vis-à-vis Murji’i. The middle path is always the best one.

SUMMARY

Somalis are 100% Sunni Muslims, who love their religion, peace and prosperity of the Shri’ah. They are more prone to accept and well prepared to apply Shri’ah today than anytime before.

They need education, the knowledge to develop their awareness and fight back the daring whisper of the devil, namely, opponents of Shri’ah who bombard them with doubtful matters.

Somalis, both in the country and in the Diaspora, suffered a lot death and destruction from civil wars; they are looking for any solution for peace. They can not sustain anymore internal conflict and bloodshed.

Somalis all over the world today shall reject and collectively oppose anyone leader, group, or individual who advocates for more bloodshed. They can no more be fooled by any type of deception, be it slogans, campaign for war, or diplomatic way of gaining position and rule.

The Somali people have the right to take into account, call for the legal indictment of those who poisoned its ocean, caused its death and illnesses, corrupted and sold its country to Ethiopia, promising Eritrea the same privilege, and made fortunes over its skulls and bones.

Somalis firmly uphold the unity and sovereignty of its territories both land and ocean. Any form of concession to give out any piece of its land and ocean, shall never be accepted and substantiated to legal justice.

Shri’ah in Somalia faces many challenges, both internal and external.
Sponsors of Shri’ah need equip themselves with knowledge, piety, justice, wisdom, and political awareness on global level.

If above qualities are missing, unfortunately the same commitments of Sponsors of Shri’ah who advocate and campaign for it, may turn out to be preventing its implementation.

Sponsors of Shri’ah must win the hearts and minds of the public, the public are all Muslims, love their religion but ignorance about it is jurisprudential details are rampant.

Forewarned is forearmed, but forearmed does not mean use of arms against Muslim brothers, it involves use of wisdom, knowledge, intellect, social and political awareness.

Shri’ah sponsors must strictly follow the tradition of the prophet salallahu alaihi wasallam in his implementation of Shri’ah in the first Islamic state in Medina.
Any violence of target killing and explosion among Somalis is totally against Shri’ah. Purposes and priorities of Shri’ah are the safeguarding of safety, security, peace, dignity, of the Muslim.

Should all rivals, the government and opponent group, followed the solutions and settlement as manifested in the Qur’an and Sunnah, there would never be need for foreign peace keepers and rejection of national reconciliation.

Takfeeri ideology or school of thought is very dangerous concept which is given to death and destruction among the Muslims. It is a matter of taking hasty decisions in extremely important matters of belief and disbelief. It is the opposite of the Murji’ite consent with corrupt faith of rulers which in turn is a dumb devil (Sheidhanun Akhras) or hypocrisy.