Fitnah - An Oft-Used Misused Word

Br. Abdul Aburmaieleh tried to work with all parties to resolve the Noor Saga. But when he expressed the community frustration with Br. Hany Saqr, within hours he was rebuked:
" I do not know how you became all of sudden a Noor community leader and if I do not listen to your suggestions I stand against the community. Your only major role in noor community is your role in this fitnah", Saqr wrote.

Sister Zerqa, on March 31, 2009, posted the first article about Noor Islamic Cultural Center where she listed major flaws in the AIW administration and raised serious concerns about the leadership. As a result she was accused of being a liar, an upset ex-employee, a slanderer, a woman with emotional problems and a fitnah (chaos) creator.

It is an obligation on all Muslims to enjoin what is right and forbid what is wrong. When we abandon that we are no longer the "Khayra Ummaten" (the best of nations).

"Anybody amongst you who notices something evil, should correct it with his own hands, and if he is unable to do so he should prohibit the same with his tongue; if he is unable even to do this, he should at least consider it as bad in his heart; this is the lowest degree of faith" (Prophet Mohammad S.A.W)

But whenever someone speaks up to express a concern about something wrong in our mosques, people attack them. Don't spread fitnah! This response is particularly popular among the leadership.

So what is fitnah exactly and how are we limited in calling for correction from our leaders?

Arabic definition of Fitnah:

Al-Azhari said: “The Arabic word fitnah includes meanings of testing and trial. The root is taken from the phrase fatantu al-fiddah wa’l-dhahab (I tested the quality of the silver and gold), meaning I melted the metals to separate the bad from the good.(Lisaan al-Arab by Ibn Manzoor).

Ibn al-A’raabi summed up the meanings of fitnah when he said: “Fitnah means testing, fitnah means trial, fitnah means wealth, fitnah means children, fitnah means disbelieve, fitnah means differences of opinion among people, fitnah means burning with fire.” (Lisaan al-‘Arab by Ibn Manzoor).

Meanings of the word Fitnah in Qur'an

There are 11 variations on the use of the word in the Quran. The more relevant ones are:

1- Testing and trial
“Do people think that they will be left alone because they say: ‘We believe, and will not be tested [la yuftanoon]” [al-‘Ankaboot 29:2]

2- Blocking the way and turning people away:
“but beware of them lest they turn you [yaftinooka] (O Muhammad) far away from some of that which Allah has sent down to you” [al-Maa’idah 5:49]

3- Persecution (Put to trial) :
“Then, verily, your Lord for those who emigrated after they had been put to trials [futinoo] and thereafter strove hard and fought (for the Cause of Allah) and were patient, verily, your Lord afterward is, Oft Forgiving, Most Merciful” [al-Nahl 16:110]

4- Falling into sin and hypocrisy:
“(The hypocrites) will call the believers: “Were we not with you?” The believers will reply: “Yes! But you led yourselves into temptations [fatantum anfusakum], you looked forward for our destruction; you doubted (in Faith) and you were deceived by false desires” [al-Hadeed 57:14]

5- Confusing truth with falsehood:
“And those who disbelieve are allies of one another, (and) if you (Muslims) do not do so [i.e. become allies, as one Ummah], there will be Fitnah (truth will be confused with falsehood) and oppression on the earth, and a great mischief and corruption” [al-Anfaal 8:73]

6- Difference among people and lack of agreement:
“and they would have hurried about in your midst (spreading corruption) and sowing sedition among you [yabghoonakum al-fitnah]” [al-Tawbah 9:47] (i.e. they would have stirred up differences amongst you).

This last meaning is generally used to confuse people and sway them away from enjoining what is right and forbidding what is wrong.

"Among them is (many) a man who says: grant me exemption and draw me not into a trial (Wa La taftenny). Have they not fallen into trial (Fitnah) already" (al-Tawba 9:49).

This verse was revealed when a man asked the prophet (S.A.W) to grant him exemption from service in the Tabuk expedition in the direction of Syria on the plea that he could not withstand the charm of Syrian women. The answer is: but you have already fallen into fitnah by refusing to answer the call.

This is running away from a fitnah that did not happen and may or may not happen. But a fitnah has already occurred, as the lack of agreement among people who were called to go to Tabuk. This is exactly the case when we chose to stay on the sidelines by fear of potential fitnah if we speak up.

There are specific rules for enjoining the right and forbidding the wrong, that it be done without falling into some of the other forms of fitnah. To avoid falling into sin and hypocrisy, confusing truth with falsehood, and persecuting others, you should have the intention to please Allah (S.W.T.) and not be looking for your own pride, or for power, or to speak with bad intentions to harm someone else. Speak the truth as you understand it, knowing that you may be corrected by others and knowing that Allah alone knows the real truth. Speak to help fix the problem. Don't just go to friends to talk and smear the reputations of people and institutions for some distorted form of "fun" from mocking, which is a sure form of arrogance. Stay away from slander and spreading rumors, but speaking up to correct error is an obligation.

But there will always be some fitnah, because life is about trial and tests here. We will always have disagreements and need correction from time to time. Paradise is after this life, Inshallah.

As this Noor Saga continues to unfold, have you discharged your duty to Allah (S.W.T)? If at the end, God forbid, something terrible happens to Masjid Al-Noor, then what are you going to respond to Allah when asked, "What have you done to help during this trial?"

"It was a fitnah so I stayed away from it! I didn't want to hurt the feelings of my brothers! I was afraid to be accused of adding fuel to the fire! I did not want to be called fitnah creator. I wanted to be neutral! Madakhalny (none of my business)."

Allah (S.W.T) said: "And fear fitnatan (the trial) which affects not in particular (only) those of you who do wrong: And know that Allah Is Strict in punishment." (al-Anfal 8:25).

So why is it that the punishment extends to those who did not do wrong? It is partly that those who do wrong hurt others. But for many responsible people among them, it is also because they did not discharge their duty to Allah (S.W.T).

But on the other hand, those who discharge their duty to Allah (S.W.T) will be rescued:
"When they disregarded the warnings that had been given to them, we rescued those who forbade evil; but We visited the wrong-doers with a grievous punishment, because they were given to transgression." (al-Araf 7:165).

First Caliphs legacy on this issue

After giving praise and thanks to Allah (SWT), Sayidna Abu Bakr (ra) addressed the Muslims gathered at the Prophet’s mosque right after he became the first caliph and said:

"I have been given the authority over you, and I am not the best of you. If I do well, help me; and if I do wrong, set me right. Sincere regard for truth is loyalty and disregard for truth is treachery".

Sayidna Omar (ra) used to say: "Don't say the opinion that pleases me, but say the opinion that matches the truth."

Huzayfa (ra) visited him one day and found him depressed and crying. "What is wrong with you?" Huzayfa asked him. "I'm afraid if I make a mistake none of you will correct me", Omar replied. Then Huzayfa said, "By Allah if we find you deviating from the truth, we will force you back to it". Then Omar became happy and said, "Thank Allah, He Who gave me friends who will set me right if I do wrong."

Finally

I hope we learn from these formidable examples.

If someone says, "Why do you speak up when no one will listen, or you will only get yourself into trouble?"

"When some of them said: Why do you preach to a people whom Allah will destroy or visit with a terrible punishment?- Said the preachers: To discharge our duty to your Lord and perchance they may fear Him" (al-Araf 7:164)

We need to encourage everyone to speak up, freely, politely within the Islamic manners. We have a new powerful tool of the internet (e-mail, blogs, etc.) and we need to learn to use it responsibly. And we always have the well known format of the community meeting to discuss our issues and give our leaders advice and information needed to guide our community responsibly. We need to learn to work together with disagreements and discussion toward our common goals.

Noor Saga- $50K For No Court Decision

On April 30, 2010, Magistrate Thompson released a decision lifting the restraining order against Hany Saqr. This led to confusion in the community. In what follows below I will attempt to highlight the important parts of the magistrate's 22 page decision. I just want to remind the reader that the issue before magistrate Thompson was only the Plaintiff’s Motion for a Preliminary Injunction. This means that the Plaintiff (American Islamic WAQF, Farag et al) asked the court to keep the restraining order against the Defendant (Hany Saqr) in place until the court ruled on the whole complain several months down the road. It was not a decision about who was a board member.

According to the magistrate, the longstanding view is that a preliminary injunction is “an extraordinary remedy” and it requires a substantial burden on the part of the moving party.

He wrote, " Based on the Findings of Fact and Conclusions of Law the Magistrate finds that Plaintiff has failed to demonstrate by clear and convincing evidence a likelihood that it will prevail on the merits of its causes of action for declaratory judgment, that Plaintiff has failed to establish by clear and convincing evidence that it will suffer irreparable harm if the injunction is not issued, that Defendant successfully demonstrated that numerous parties outside of the litigants in this action would be prejudiced or adversely affected and lastly, that the public interest would not be impacted by the expiration of the Temporary Restraining Order . Therefore the magistrate denied the Plaintiff’s request and corresponding motion for a preliminary injunction." This only means that the restraining order against the Defendant is lifted but the case would continue to go to trial as scheduled with Judge Fais.

To arrive to this decision the parties spend close to a revised estimate of $50,000, which, according to court testimony, was their own personal money, not the money of the organization.

Most of the hearing centered on whether the "disputed board members" were true Board members of AIW or members of NICC board. The Defendant claimed that these "disputed board members" were invited as guests to these AIW board meetings. On this point here is what the magistrate concluded:

"Upon review of all the evidence, the Magistrate finds that it is clear that AIW only maintained one managerial Board of Directors, and the disputed board members did not sit on a separate NICC Board. Accordingly, the meetings of the BOD, AIW Board of Directors, and NICC are one and the same. "

" Nevertheless, the disputed board members would almost have to be classified as permanent guests or attendees at such meetings in order to justify the degree of their participation."

"There is no question that each of these individuals played a significant leadership role for the organization and were routinely extended authority from the AIW Board to perform duties and make decisions"

"In each of these instances, not only were the disputed board members copied with the meeting agenda and minutes, but they appear to have participated and acted like Board members during the meetings themselves."

In reality these disputed board members have participated and voted for more than three years, in important decisions regarding the organization and NICC (addressing finances, hiring/firing of employees, binding the organization in a loan in excess of $1,000,000.00). For the most part, there was no evidence produced that the AIW Board took any formal Board action to approve their membership to AIW Board. Equally, there was no evidence produced that these disputed board members were appointed to NICC board.

"Defendant claimed to be aware of many e-mails concerning AIW Board matters that were only circulated to the three original Board members, but he did not have them available at the hearing."

The Magistrate concludes that "no action, resolution, minutes, agenda, writing, correspondence or vote was undertaking by the AIW Board on this issue".

Most of the findings (court testimony and exhibits) discussed in this 26 page ruling were presented on this blog in a previous posting. Here are some of the new passages in this ruling:

" In spite of his testimony to the contrary, Mr. Saqr denied ever taking any action to correct these writings by questioning why non-AIW Board members have been included or why NICC Board members are participating in traditional functions of the AIW Board"

"When Mr. Saqr was questioned as to why he took steps to register NICC, he answered that he was the one that originally selected that name and developed its national recognition."

"It appears that the present controversy between the parties arose as a consequence of Mr. Saqr’s continuing scrutiny of Mr. Farag’s handling of AIW’s financial affairs, as well as Defendant’s desire to be considered for the vacant Executive Director position."

"At the same time, there was no persuasive evidence that Mr. Farag actually converted any funds belonging to AIW, but rather, he performed his duties as Treasurer in a manner that may have raised flags or be perceived with question marks to others outside of the Board "

"It was demonstrated that Defendant reacted unfavorably when informed that he was not selected to assume the vacant role as AIW Executive Director. Such a development in turn caused Saqr to question how this particular AIW Board decision was made and resulted in resentment toward Mr. Farag, as well as the others."

" It was Saleh’s contention that if the preliminary injunction is denied, the AIW Board should meet to resolve all issues, address its finances, and approve new members."

" If allowed to return, Saqr insisted that the others, referring to the disputed board members and Mr. Farag, will still participate as before, with all of them working toward the best interest of the organization."

The Magistrate encouraged the parties to resolve this dispute internally.

" This dilemma appears to call for an overture on the part of the parties to bridge the gap surrounding their differences and/or mediate the dispute for the greater good of the community once the TWO expires, given the potential damage resulting from protracted litigation."

Saqr and some others understood the magistrate decision as declaring the disputed board members as "Illegal" and called for their resignation, while in reality this was simply lifting the TRO. The legality of these disputed board members and the complaint would have to be determined later by a jury.

The next day Hassan Ayoub sent an update to the community and asked Saqr to fulfill the promise he made in court to come and work with the existing BOD. The same day Khaled Farag sent a similar invitation to Saqr, to attend the BOD meeting the next day. Unfortunately, Saqr refused to attend any such meetings.

On Monday May 3, 2010 Hassan Ayoub announced the resignation of the disputed board members and wrote his own personal reflection:

" I was warned by many with much better foresight than my own. Alas, I was too naive to comprehend the master plan behind the deliberate ambiguity. Our leaders have unfortunately fallen into the modus operandi of operating in the grey area. An area where one can always have his cake and eat it too, depending of course on the mood or the circumstance.

As many of you know, we were introduced as AIW BOD, we signed checks as AIW BOD, and we signed contracts as AIW BOD. We even hired staff and interacted with them as AIW BOD. For four years these actions were never questioned even once. In my humble opinion, we were just used as shields against community criticism. When questioned why there were only two board members, the answer was always "What are you talking about? These are all board members.", pointing to the now infamous "disputed members." We were used to give credibility and cover for million dollar loans. (which may need to be redone since there were obviously misrepresentations and possible deception involved).

At the end we were misused, lied to and deceived. It was all a ruse, a trick, a giant deception perpetrated against brothers and fellow Muslims. There was always an extra card up the sleeve waiting to be played at the opportune moment. Our time, effort, and trust were taken advantage of. The sad part, and more importantly, is that the community was also deceived. When needed we were board. When it became inconvenient, or someone's position and authority was threatened we were tossed aside. No amount of spin can ever change this fact.

However it is not all bad. By the grace of Allah this charade has been exposed. No longer can we go back to the days of one-man rule with rubber stamps in faraway lands. No longer can we work in the "grey area." As evident from this very expensive lesson, everything must be properly documented and agreed upon to be valid. All procedures must be strictly adhered to and all future appointments must have documented approval. No longer can we follow some of the rules, and bylaws and throw others, when inconvenient, to the side.

Also by the grace of Allah some very irrational and destructive individuals have been exposed before they could entrench themselves in the community and cause long term damage. We must take a lesson from this and never forget what certain individuals did.

In the end there were many opportunities for character assassination and dirty tactics, and some had much more baggage to exploit than others. I am happy that at least one side took the higher ground and refused to stoop so low. I am also happy that the court after reviewing many of the worst accusations and malicious rumors exonerated one of the most slandered servants of this community. I hope next time this happens so many community members will resist the temptation to remain seated silently on the sidelines as mere spectators, while innocent people are maligned.

I will continue to pray for the leadership of this community, and for Allah to grant them the wisdom and unselfishness to do what is best even if it be against their own selves. I will do what I can to support this organization and encourage others to support it, and Inshallah support whatever leadership emerges. I will, however, be a vocal critique when I notice injustice and wrong. Ultimately, to Allah we belong and to him we shall all return, and to him will be the final judgment. Hasbi Allahu wa ni'mal wakeel."

Sadly enough, only a very few people publicly thanked Ayoub and the others for their years of services. I would like for the history to mention that Br. Hassan Ayoub supported, with his time, knowledge and money, this NICC project from the very beginning. To Hassan and the others, I simply say: Jazakumallahu Khayran and may HE forgive all of us for our shortcoming.

In summary:

For $50,000 in court and attorney fees this magistrate recommendation was received but became empty of any legal meaning, because the case was withdrawn.

And The Saga Continues.

NICC May, 2010 Fundraising

Hassan Ayoub Wrote on May 9, 2010:

Asalaam U Alaikum Dear Brothers and Sisters,

I wanted to inform you of the events that took place at last night's fundraiser. Alhamdulilah by the grace of Allah over $200,000 was raised. However more than half of this money was given with the condition that the disputing AIW BOD members resolve this dispute to the satisfaction of the community. Otherwise these funds will be held in trust until we have a suitable solution.
In addition another $150,000 was pledged to be given within 1 year if a suitable solution is found. This would have brought the fundraising totals to well over $350,000, making it the most successful fundraiser since the opening of NICC and would pay off nearly 40% of the debt owed by AIW.

Also Br. Amgad Saleh flew in from Chicago to attend this fundraiser and met many of the community members and donors for the first time. After the fundraising activities were over we prayed salatul Maghrib and were given very sincere advice and words of wisdom from our visiting Imam, Sheik Abdul Rauuf.
Many community members decided to use this spirit of good will and community to speak to Br. Amgad Saleh. About 30 or so brothers tried their best to get Br. Amgad to agree on a process to settle this mess. Many more asked him to please resign and appoint someone from the over 60,000 Muslims in Columbus to take his place as an AIW member.

Sheik Abdul Raoof suggested that some Imams or honest brothers be brought in to mediate/arbitrate the situation in order to address all of the claims and unresolved issues. Khalid Farag agreed to this principle however Br. Amgad was reluctant and would not commit. He continue to say that all issues would be resolved legally but when pressed for a method or process on how they would be resolved no answer was given. At the end Br. Amgad said it was too late for arbitration. I am saddened by the reluctance and ambiguity that was displayed. (IF I MISCHARACTERIZED THIS MEETING ANY OF THE BROTHERS THAT WERE PRESENT PLEASE CORRECT ME)
From my earlier understanding I believed that the brothers were upset about Ashraf, Mufakhirul Islam and my claims to BOD membership. In order to give reconciliation attempts a chance we unconditionally resigned since this was stated as one of the reasons for the failures thus far. Thereafter, Br. Khalid requested several meetings with the other 2 founders and these requests have either been ignored or rejected.

The attempts at some type of resolution last night and the pleadings of the sheik were also rejected. Even the attempts to agree on a simple process to resolve the underlying issues without committing to any final results was rejected.
This is indeed a sad day for this community. It looks like our resignation even though requested as a good gesture did not solve anything at all. We are indeed back to square 1. The emails sent at the beginning of May with sincere questions and requests for clarification from Brs. Fuad Ashami, Farooq Wirk and Abdul have also been ignored.

From all this I can only draw one conclusion. It seems that very soon there will be an attempt to oust Br. Khalid Farag and consolidate power. I hope I am wrong. May Allah protect this community from this FITNAH!

Community Forum on the Governance of Masjid Al-Noor

Assalamu Alukum Wa Rahmatullahi Wabarakato

I invite each and every one of you to participate in this discussion in order to have a clear idea of what you would like to see as a governance system at Masjid Al-Noor. Here is one of the latest e-mail that went out to the community:

Br. Khaled Farag wrote on Fri, 7 May 2010:

"Dear Br. Hany:

CC Masgid Al-Noor Community

Assalamu Alikum Wa Rahmatu Alla.

First, you need to understand that the magistrate recommendation was never adopted by the judge and we withdrew the case. Therefore, it has no legal significance. We could have challenged it, appealed it and got a different decision in the end, but we chose not to and instead withdraw the case. There has been no legally binding determination of who is a board and who is not a board. If you doubt this ask your personal attorney whom you have copied your emails.

Second, currently we have a fundraiser set for tomorrow decided and adopted by what you call the “disputed board”. The “disputed board” also appointed a new treasurer for the organization, filed a new bylaws and constitution with the secretary of state and added AIW board members. Let us assume that the real "permanent" board is as you claim: myself, you and Amjad and you want to formally undo everything that the “disputed board” did. Then per the old bylaws we must have a board meeting and unanimously agree to send a revised bylaws and constitution to the secretary of state, unanimously agree to ratify the decision to hold a fundraiser tomorrow, unanimously appoint a new treasurer or ratify his appointment, unanimously adopt a resolution ratifying or rescinding the appointment of new AIW board members etc. Then, if let's say for the sake of example, someone does not listen to our decision, we would have to unanimously pass a resolution to hire an attorney and take legal action to defend the organization. Decisions are made by the board and not individual board members not in a BOD meeting where votes are taken according to the bylaws.

As the organization's secretary, I am calling for such a board meeting. Dates and venue have been set. Until then, unless advised otherwise by an AIW corporate legal council, all decision by the “disputed board” despite of their resignation are binding on the organization as the magistrate said with respect to all third parties effected by those decisions. So the fundraiser is a valid AIW event. If someone gets hurt at the event for example, AIW is legally liable. The current treasurer can legally pay the current bills. The bylaws at the secretary of state’s office are legally binding on the organization. People hired or appointed by the “disputed board” can continue to perform their functions. I am calling for a meeting so we can unanimously resolve these issues so that there are no doubts. In the board meeting we need to :

(1) Follow the by laws (which ever version you choose) to the letter and determine the eligibility of the board members to be on the board.
(2) Add undisputed Board members and Vote or affirm a chairman, treasurer and secretary.
(3)Vote to hire a new legal council for the organization to render legal opinion on any questions that come up in the recovery process
(4) Now that the financial report has been publicized, to clear the organizations name and, lets vote on a resolution confirming that no organizational funds were used to pay anyone's legal fees in any dispute. This will enhance the community's confidence in the organization.
(5) Either appoint a new treasurer or legally affirm the current treasurer.

Several overtures for reconciliation and requests for a BOD meeting (even for the three founding members only, independent of their status or qualification to be on the board) have already been made delayed or ignored this week. This contradicts the promise you made to the court. I have offered to have a board meeting with few of the respected members of the community present so that we can get down to business, but the suggestion has been brushed, delayed and qualified with excuses of needing more time. I hope all issues are resolved peacefully for the benefit of the organization. Any resolution is acceptable to me provided one condition is met: I did not spend the last ten years of my life building this organization to watch it’s governance converted to the Iranian model of government where a single Ayatollah (or "Great Immam") holds all real legal and spiritual power in the organization and rules as he pleases.

As long as at the end of the day, the board is legitimately expanded beyond the Saqr family, Board members are added and there are appropriate checks and balances on power in the organization AIW, then I will feel that I have done the last task I owe Allah and this organization before I move on with my life and do other things.

Sincerely,
Khaled Farag
AIW Secretary"

Let us all provide our sincere suggestions, recommendations, and advise, all within the boundary of Islamic manners, for which Prophet Mohammad (SAW) was sent.
JAK
Abu Omar