Code of Conduct of an ‘A’amil’‏

[mbohra]

Hypocrisy and duplicity thine name is Kothar!!!!

[Deen] Code of Conduct of an ‘A’amil’‏
From: dbnet-bounces@mumineen.org on behalf of Qazi Dr. Shaikh Abbas Borhany (qazishkborhany@hotmail.com)
Sent: 10 July 2008 20:30PM
To: Dawoodi Bohras Mumineen (dawoodi-bohras@mumineen.org); Dbnet (dbnet@mumineen.org)
Cc: qazishkborhany@hotmail.com

Code of Conduct of an ‘A’amil’ By: Qazi Dr. Shaikh Abbas Borhany PhD (USA), NDI, Shahadat al A’alamiyah (Najaf, Iraq), M.A., LLM (Shariah)Member, Ulama Council of Pakistan

Following ‘Code of Conduct of an A’amil-governor (plural:Umm’al) is available in “Nahaj al Balagha”, which is a collection of the sayings, speeches and correspondences of Amir al Mumeneen Ali ibn Abi Talib, and which was compiled by Syed Razi; towards the close of the 4th Century A.H. Amir al Mumineen, Ali sent a famous epistle to his Aamil-governor of Misar, Syedna Malik al Ashtar, and “instructed him to rule with mercy and tolerance towards all his subjects”, for, “your subjects … are your brothers in religion or your equals in creation”. The United Nations has advised Arab countries to take Ali as a role model in establishing a regime based on Justice and Democracy, and encouraging Knowledge. The UNDP in its 2002 Arab Human Development Report, distributed around the world, listed six sayings of Ali about ideal governance. They include consultation between the ruler and the ruled, speaking out against corruption and other wrong doings, ensuring Justice to all, and achieving domestic development. The UNDP quoted the following points of Ali in its 2002 Arab Human Development Report as follows:

Rules for A’amil prepared by Amir al Mumineen Ali ibn Abi Talib:1. "He who is appointed as an Aamil-governor over the people must begin by teaching himself before teaching others. His teaching of others must be first by setting an example rather than with his words, for he who begins by teaching and educating himself is more worthy of respect than he who teaches and educates others."

2. "Your concern with developing the land (over which he has commanding power) should be greater than your concern for collecting taxes, for the latter can only be obtained by developing; whereas he who seeks revenue without development destroys the country and the people."

3. "Seek the company of the learned and the intellectual in search of solving the problems of your ‘Area’ and the righteousness of your people."

4. "No good can come out in keeping silent to the government or in speaking out of ignorance."

5. "The righteous are people of virtues, whose logic is straightforward, whose dress is unostentatious, whose path is modest, and whose actions are many and who are undeterred by difficulties.”

6. "Choose the best among your people to administer Justice among them. Choose someone who does not easily give up, who is unruffled by enmities, someone who will not persist in wrong doings, who will not hesitate to pursue right once he knows it, someone whose heart knows no greed, who will not be satisfied with a minimum of explanation without seeking the maximum of understanding, who will be the most steadfast when doubt is cast, who will be the least impatient in correcting the opponent, the most patient in pursuing the truth, the most stern in meting out judgment, someone who is unaffected by flattery and not swayed by temptation and these are but few."

Note: If we examine the intellectual and practical by nature guidance of Ali ibn Abi Talib through his famous epistle to his governor, we will find that he never left a single space for corruption. During the era of the Fatemi Imams, the above code was in practice as a cardinal instrument of policy, which was followed by government functionaries, explicitly. During the period of the Satar-seclusion of the Fatemi Imams, their Do’at-Sole Representatives, one after the other, appointed by Nass, framed a number of rules, as per the need of the time, for their deputies, known as A’amil. It should be noted that an A’amil is not entitled to be addressed as “Wali al Amar”. He is one of the personnel, who handle the affairs (religious) under the command of the Dai.

‘Rules’ for A’amil prepared by 43rd Dai, Syedna Abdu Ali Saifuddin:1. It is a duty as well as a responsibility of an A’amil (representative of al Dai al Mutlaq), to condition his attitude, and mould his character in the light of the guidance provided to him by the Dai. He should handle the affairs of the people smoothly with due political wisdom and prudence. He must not deal with people harshly and strictly which may evoke unpleasant feelings, nor handle the matters so leniently which may damage and degrade his position. If an A’amil finds anyone indulging in unhealthy practices, he must give him advice privately. If he confesses and repents upon what he has committed, well and good, otherwise he must charge him before the Jam’at. He is duty bound to keep a strict and vigilant eye, irrespective of anyone being rich or poor, and to regulate the affairs of the Dawat, in an efficient manner. Thus by following the above instructions children of the Dawat (Mumineen) may get their due blessings and benefits.

2. It is the responsibility of an A’amil to establish harmony, peace, tranquility and understanding among the members and remove sources of unpleasantness. To eliminate the cause and factor of any dispute, he has to decide the case not on the statement of one party, but listen to the submissions of both the sides, and in a polite manner find a solution, on which both litigants must agree. If the litigants do not agree on any solution, then the case should be referred for final decision to al Dai al Mutlaq, who may decide the matter according to the ilh’am (By Allah & His Wali).

3. The collection of the Zak’at is the responsibility of an A’amil, he should instruct the teaching of Shariat and Awliya, among the children of the Dawat, in this regards. He is made liable to demand Zak’at as per means of people and should not pressurize and compel them to give beyond their financial power. Keeping in view that people don’t sense terrible to willfully fulfill the Farz of Zak’at and is elevated in Daraj’at.

4. It is the responsibility of an A’amil to keep safely the amount of Bait al M’aal-funds provided by Dawat for various purposes, and should not spend it unnecessary. This applies to each specific dealing in which cash is involved. An A’amil must not spend without the permission of al Dai al Mutlaq, nor sanction anybody even a single Dirham-small sum. With the consultation of the four members of the Jam’at, he appoints a person to maintain the cash transaction-accounts of the Jam’at. He should not utilize the fund of Jam’at as per his wish, but as per the advice of the four. Even his own funds should not utilize for Isr’af and Tabzir-pomp and show, as money is sign of prosperity in the world, and shortage of funds creates problems.

5. An A’amil must know the Fiqah provisions and observe the dictates of the Shariat. He must be well versed in the issues related to Nikah and Talaq; keep himself away from Rai & Qiyas-assumption & presumption, which are Har’am. For each problem and question an A’amil should consult “Daem al Isl’am”, and if he cannot find the solution from the primary sources then forward the case for the final decision and solution to the court of al Dai al Mutlaq. The instructions given in this regard from the office of al Dai al Mutlaq should then be obeyed.

6. It is incumbent upon an A’amil that he should not rely on the evidence of the letter only (Documentary evidence excluded). Evidence of the letter is not valid, but oral evidence is compulsory, as per the instructions and practice of Ahl al Bait. Imam Jafar Assadiq himself rejected the evidence presented to him through a letter. A person came and asked the Imam, O Son of Rasulullah (S)! My neighbor has brought a letter in which evidence has been recorded by me, but I am unaware with the event as a matter of fact. What is your verdict on this issue? Imam Jafar replied, if you are unaware with the event or the matter, then you are not a witness, although you may have recognized your own handwriting.

7. An A’amil should guide the followers of the Dawat towards the injunctions of the Shariat. Especially, he should instruct the children of the Dawat to attend the Sal’at in Masjid punctually. The one who ignores the practice should be disciplined.

8. It is the duty of an A’amil to send a detail report of his assigned area to al Dai al Mutlaq regularly. He should not present any lame-excuse to forward any matter of his area, and should not indulge himself in any business or profession other than that assigned to him, (Amalat).

9. It is incumbent upon an A’amil to live among the children of the Dawat with dignity and respect; he should neither damage his position nor force by demanding Sal’am (monitory-gain) or other things, he should spend his life with Qin’at-simplicity and be penny-wise. Any small-value-gift presented to him irrespective of its worth by Mumineen should be accepted wholeheartedly. He does not feel below dignity to receive it.

10. It is compulsory upon an A’amil to keep Taqwa; he must rely in all matters upon Allah and ask for His help to solve the matters.

‘Rules’ for A’amil prepared by 51st Dai, Syedna Taher Saifuddin:Syedna Taher Saifuddin in the year 1377(A.H), prepared a Risalah, which is technically a ‘Code of Conduct for Umm’al’. It contains 202 Articles and is known as: “Al Hiday’at al Mushriqah Ley A’amilil Bil’ad”. It was published by ‘Al Jameatus Saifyah’, Surat, India. For the larger interest of the children of Al Dawat al Hadiyah , translation of only 19 selected Articles are presented here:

Article No. 11- An A’amil can be defined, as a servant of Dawat. It is obligatory upon him to perform his duty continuously with sincerity of heart and soul as per the instruction of Dawat. For this reason an A’amil should fulfill his responsibility so that the purpose of appointment may be achieved, and Allah will bestow upon an A’amil best reward, and Imam and his Dai would be pleased with him.

Article No. 14- An A’amil can maintain the dignity of his position only if he follows and obeys the instructions of al Dai al Mutlaq, and by doing his duty with sincerity and devotion. Proud-ness and haughtiness will become an impediment in maintaining cordial-relationship with the Mumineen, and can become an obstacle in the implementation of the instructions of al Dai al Mutlaq. It is obligatory upon an A’amil that he must maintain relation with humbleness. Imam Moiz says as follows: “The one who purifies his intentions, and works and struggles, to carry out good deeds, believes that the deeds he has performed were because Allah has created him to do so. The work he does is then purified through our supporting hands, as Allah has bestowed that authority upon us. He also believes that it is we who have inculcated in him the habit of performing good deeds, and it is not because of his might or strength, and thus should not be proud of him. It will make him suitably fortunate for this world and world hereafter. Allah has helped him with his support, and will recompense and reward him in plenty; he will gain in abundance beyond imagination. His intentions should be for Allah only, no one else than Him, as everything is related to his intentions, and for that he is rewarded and recompensed and punished too. And the one who does proud is presented to Allah with his haughtiness.”

Article No. 30- It is necessary for an A’amil of the Dai to be punctual for five Farz Sal’at, on time, as Sal’at is a pillar of religion, and is a standard of Islam. This practice differentiates Mumin and Kafir. An A’amil should be aware of its importance, and make the children of Al Dawat al Hadiyah aware by explaining to them its importance, and stress on punctuality as described in Qur’an and Shariat. While offering Sal’at, a Mumin gets closer to Allah, and between every two Sal’at his sins are forgiven.

Article No. 32- It is necessary for an A’amil to appear in Masjid for Farz Sal’at, punctually and if he commits any error or shows slackness in it, he will be lacking in his virtues and eventually bounties will decrease. He should understand the advantages in offering Sal’at in Masjid, and must call others towards it. There are many advantages in attending Sal’at in Masjid, for the mutual interest of the Mumineen, which concern directly to the prosperity of the community/society. It is the responsibility of an A’amil to explain in a manner which attracts the people and they gain its benefits ultimately. For grooming personality, and learning etiquettes and cultural values regular attendance of Masjid is helpful. An A’amil should explain the twelve ‘Aad’ab al Masjid’, including the basic rules of Sal’at to Mumineen, explain to them in length, and pursue them to practice.

Article No. 37- It is the prime responsibility of an A’amil to look after the health issues relating to the followers in his jurisdiction. For a healthy environment he must maintain precautionary measures as per health science. He should take such steps, through which the followers remain hygienically neat and clean, in and outside their residence. If any one falls ill or passes through health problem, an A’amil should visit the patient and help him in the best possible manner.

Article No. 38- Through proper and timely diagnoses and prevention, one can become secure from major health problems. For this purpose an A’amil should work-hard to make arrangements to provide medical facilities. Especially in hospitals, ‘maternity-services’ should be provided completely at low-cost, which can help the members of the community, financially.

Article No. 39- It is indispensable for an A’amil to look after the Funeral Services in his area. Funeral arrangements should be arranged properly in a manner which should ensure comfort and solace to the bereaved families. He should keep a vigilant eye upon the members of the committee, from time to time.

Article No. 40- An A’amil should go with the Coffin of the Mumin, attend the Funeral, and understand its reward. He should also call others to attend the funeral services, and explain its importance time to time. He should lead the Sal’at al Janazah without any impediment and hesitation. He should become an example for the followers, so nobody should lose the great reward of it.

Article No. 85- It is indispensable for an A’amil to look forward, for the betterment and unity of the community, and teach them to live with tranquility. Through harmony, unity, and openheartedness, people can be saved from unpleasant situations. Usually, behind every dispute or litigation is a misunderstanding or hate or minor differences. It is the prime responsibility of an A’amil that he take necessary action to remove the difference of opinions, which may likely lead to a major problem in future, and thus should take care while pronouncing his decision in any case. It is necessary for him to settle the disputes, amicably, so that more problems are avoided.

Article No. 86- He should try his best to pronounce a decision, acceptable to both the parties. If a situation in a dispute arises, then a jury should be appointed from the executive members of the Jam’at, and the A’amil should stand as an Arbitrator. It is necessary for an A’amil to keep with him executives of the Jam’at, while pronouncing any decision.

Article No. 87- It is essential for an A’amil to know that judgments are of two types. One is in regard of cumulative and administrative matters, and other is in regard to religious-affairs. In every decision, both these aspects should be considered and a judgment delivered.

Article No. 119- In each city/town/village; there are some regional customs, rites, traditions and rituals. It is necessary for an A’amil to scrutinize them, and if it is repugnant to Shariat, he should explain about it to everyone and stop it. And if it is legal, religious, pious, and according to Shariat, he should continue it and take necessary measures for its promotion. If he wishes to introduce any new ritual he should consult Al Dai al Mutlaq, so that if any deficiency is found, it can be removed. He should also obtain the Raza and Doa of Al Dai al Mutlaq.

Article No.136- Finance of the Jamat should be utilized properly so members of the community can take benefits from it accordingly. For this reason accounts should be properly maintained. Proper auditing is the responsibility of an A’amil. He should manage it in such a way that each member of the community is benefited from the financial institution of Jam’at.

Article No. 137- it is necessary for an “organized peace loving community” that cordial relation should be maintained with other schools of thought. In this regard Amir al Mumineen Ali directed as follow: “You should mix with the people in such a way that when you live with them, they are attracted towards you and when you die, they cry upon you”. An A’amil should always struggle that this kind of friendly relations are developed and increased. He must take such steps in this regard which helps public relation at large.

Article No. 139- By taking interest in the matters of the city, where he is posted, a relationship can be promoted amongst the masses. Due to such efforts the local Jam’at can be amply benefitted. He can also guide and explain the importance of developing such relations to Mumineen, with others, which can help them at various stages in the future.

Article No. 140- Strictly follow the law of the land. For the welfare of the nation, and prosperity of the country, participate in each campaign. Mumineen must also contribute in development programmes.
Article No. 152- Basic causes of any problem which creates hurdles in handling the affairs of Madrasah by the Muallimeen should be attended to. If Muallim is not well versed with modern teaching-methodology, it decreases his efficiency. Likewise, lack of appreciation of the teaching-staff discourages their moral. Both these matters are interlinked which creates lack of attention. It is therefore necessary for an A’amil to encourage the teaching staff of Madrasah and take care of them.

Article No. 156- Besides the Madaris, it is important for an A’amil to maintain contacts with the students of Schools and Colleges, through a suitable way of approach to inculcate in them the ilm of Ahl al Bait through sincere devotion for Al Dawat al Hadiyah and love for the country and nation. Imam Jafar Assadiq said: “If a youngster from my Shiah, who is not educated, comes to me, I would teach him manners”. So, it is necessary to maintain a proper procedure for the education and training of the youngsters.

Article No. 157- It is very important that an A’amil should be eligible to provide proper healthy suggestions to school and college students. There are number of subjects and source of learning. Well informed A’amil can advise students regarding government/private scholarships, which help in their education. It is necessary that students acquire modern-education, as per the need of the time, which may help them in their professional life. In this way each person individually improves his standard of living. It is necessary for an A’amil to keep a vigilant eye over the matters of the students of the community, and not ignore any point for the progress of coming generation.

Conclusion:Prior to closing the topic, it is necessary to discuss ‘Misuse of the Power’ by an A’amil’. Those who are assigned to exercise the power of Raza-permission for religious affairs should not over ride the Amplitude of his powers. Generally, problems are created only due to ‘Misuse of the Power of Raza’ by an A’amil or the one who is assigned for it. It is a direction of al Dai al Mutlaq that if an A’amil or an assigned for granting Raza exceeds the limits, creates hurdles, and misrepresents the authority, then children of Al Dawat al Hadiyah should report to al Dai al Mutlaq, without any miasma of reservation and hesitation. Historical records provide several unpleasant happenings only due to mishandling of the power and command of Raza, and misdeeds committed by an A’amil. “Nahj al Balagha” provides us number of letters of Amir al Mumineen, Ali to his Umm’al (plural of A’amil) as precedents, and the manner in which he strictly handled them, irrespective of their status, and when found guilty terminated them forever.

[Aarif]

When the dai has forgotten his code of conduct what can you expect from a poor aamil.. He is like a corrupt constable working for a corrupt Commisionar of Police..

[Al Zulfiqar]

chor na bhai chor, ali baba ane chalis chor...

a corrupt dai and his equally corrupt establishment is now quoting from nahjul balagha????!!

maybe imam-ut-tayyeb is surfacing soon...

[Maqbool]

When Ali sahebs has written code of conduct for Amils and it is covering all the aspects, what is the need to write again by dais.

The published extract from the Nahzul Balagah is selective since it is to be mailed in Malumat.