ISLAM: QUESTIONS AND ANSWERS
Islamic Politics
Volume 10 of a Series of Islamic Books by Muhammad Saed Abdul-Rahman
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ISLAM: QUESTIONS AND ANSWERS
Islamic Politics
Volume 10 of a Series of Islamic Books by Muhammad Saed Abdul-Rahman
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Islam: Questions And Answers Volume 10 Islamic Politics
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Islam: Questions And Answers Volume 10 Islamic Politics
Muhammad Saed Abdul-Rahman B.Sc., DipHE
MSA Publication Limited
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© Muhammad Saed Abdul-Rahman, 2003 ISBN for all volumes 1 86179 080 5 ISBN for volume 10 paperback 1 86179 301 4 ISBN for volume 10 hardback 1 86179 302 2 ISBN for volume 10 pdf eBook 1 86179 303 0 ISBN for volume 10 Microsoft eBook 1 86179 304 9 ISBN for volume 10 Palm eBook 1 86179 305 7 All Rights reserved
British Library Cataloguing in Publication Data. A Catalogue record for this book is available from the British Library
Designed, Typeset and produced by: MSA Publication Limited, 4 Bello Close, Herne Hill, London SE24 9BW United Kingdom
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Contents Introduction .............................................................................. 1 Chapter 1................................................................................... 3 General ................................................................................. 3 11283: Don’t be such a fanatic! ...................................... 3 34749: Various questions about ‘asabiyyah (tribalism) and nationality ............................................... 4 31888: The situation of the Muslims in Palestine ......... 10 20677: Is it permissible in Islamic sharee’ah for a woman to be a ruler? .................................................. 12 22475: Ruling on migrating to a Muslim country and staying there without a mahram ............................. 18 23320: To whom should ba’yah (allegiance) be given? ....................................................................... 20 21509: Role of the khaleefah of the Muslims? ............. 23 21878: It is not permissible to forsake a Muslim because of differences in points of view ....................... 26 21744: Going to a hairdresser who plays music ........... 28 21977: Solution to the Palestinian issue ....................... 29 21854: The uprising of the Palestinian people .............. 30 14235: Ruling on Muslims taking on European nationality ...................................................................... 32 3685: He hears music sometimes in school without wanting to; is that a sin? .................................. 35 12499: Eating with people who are drinking wine at the same table ................................................... 36 11406: Killing non Muslims ......................................... 38 11747: Reconciling the fact that the khaleefah should be from Quraysh with the hadeeth about obeying an Abyssinian slave ......................................... 39 361: Proportional representation in Islamic centers ...... 39 11018: Ruling on a dispute between two brothers ........ 40 10224: Is it permissible to go to beaches where there is nakedness and free mixing?.............................. 41 v
10222: Is warning people about a person who commits evil a form of slander or backbiting? .............. 42 10226: Is it permissible to live with someone who drinks alcohol? ...................................................... 43 1094: Appointing an ameer (leader) .............................. 44 5413: He thinks someone is a spy ................................. 44 4204: Is it permissible for sisters who are working in Da’wah to choose an Ameerah (leader) for themselves? ................................................ 45 3062: Is it permissible for Muslims to vote for kaafirs who seem to be less evil? ............................ 46 Chapter 2................................................................................. 49 Enjoining what is good and forbidding what is evil ................................................ 49 45789: Attending wedding parties which involve some evils ......................................................... 49 10522: Do we begin with changing things “by hand” when changing evil things? .......................... 51 39357: A brother’s responsibility towards his siblings at home ....................................................... 52 33757: Changing evil by one’s hand ............................. 53 33769: Wrongfully judging a person to be an apostate because he went out with a girl who was unveiled .......................................................... 56 36888: Warning against marrying one whose chastity is in doubt ........................................................ 61 8674: Jamaa’at al-Tableegh – pros and cons ................. 63 27170: Is it permissible to offer money to a person on the condition that he does a good deed? .................................................................... 67 27105: What is the ruling on living with a kaafir mother? ............................................................... 70 38701: Enjoining what is good and forbidding what is evil, and the verse, “Take care of your ownselves” .................................................................... 73 9411: Helping someone to buy alcohol and other haraam things ....................................................... 76 vi
12828: Husband’s responsibility for his wife’s shortcomings in prayer .................................................. 77 22147: Is it necessary in order to denounce evil that it be removed completely, or is it sufficient to reduce it ..................................................................... 80 12929: Drums on special occasions are an evil ............ 85 13817: What is the meaning of hisbah and rijaal al-hisbah? ...................................................................... 86 12812: Can denouncing evil only be done with the permission of the ruler? ........................................... 88 9911: Is it permissible to rebel against the ruler? .......... 89 10957: Attending wedding parties in which there are objectionable things (munkaraat) ............................ 90 8568: Can we sit with those who do not pray? ............. 91 9291: Ruling on being friendly towards someone who is drinking alcohol, and pouring his drink for him ........................................................................... 92 8901: Going to public places in which there are evil things [munkaraat]............................................ 93 4097: Story of a man who used to sit with drinkers; and who was Abu Thawr? .............................. 93 10223: Sitting with a Muslim who takes drugs ............. 95 1812: Ruling on sitting with smokers when they are smoking ........................................................... 96 2601: Destroying a place of evil without anyone knowing ............................................................ 97 2282: Dealing with a person whose sin repeatedly hurts one ........................................................................ 99 Chapter 3............................................................................... 102 Rulings on Jihaad ............................................................. 102 39344: Ruling on a non-Muslim who dies defending his homeland .............................................. 102 13241: Treatment of prisoners-of-war in Islam........... 105 10138: Deception in war ............................................. 109 21932: Islamic ruling on self-defence ......................... 112 20214: Ruling on jihad and kinds of jihad .................. 113 5275: Is jihad invalid if there is no khaleefah? ........... 120 vii
8961: Ruling on jihaad ................................................ 121
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Introduction Praise be to Allah, the Lord of the worlds, and peace and blessings be upon His last Messenger, Prophet Muhammad, and on his family and his companions. This book, Islamic politics, is the tenth volume of a series of authoritative Islamic books entitled Islam: Questions And Answers. The overall series discusses issues relevant to Islam, and present accurate and reliable information based on the true beliefs and practices of the Prophet (Peace and Blessings of Allaah be upon Him) and his companions. The objectives of the various books include: to teach and familiarize Muslims with various aspects of their religion to be a source for guiding people to Islam to assist in solving the social and personal problems of the Muslims in an Islamic context The books are directed towards Muslims and non-Muslims alike. Subject areas include, but are not limited to, Islamic fiqh and jurisprudence, Islamic history, Islamic social laws (including marriage, divorce, contracts, and inheritance), Islamic finance, basic tenets and aqeedah of the Islamic faith and tawheed, and Arabic grammar as it relates to the Qur'an and Islamic texts. The books are compilations of questions and responses about Islam, from both Muslims and Non-Muslims. The responses are handled mainly by internationally re-nowned Islamic shaykhs and scholars, including Shaykh al-Islam Ibn Taymiyah, Ibn Katheer, al-Albaani, Shaykh Ibn Baaz, Ibn al-Jawzi, Ibn al-Qayyim, Al‘Izz ibn ‘Abd al-Salaam, al-Nawawi, Shaykh ‘Abd al-Kareem, al Khudayr, Al-Dhahabi, al-Qurtubi, Al-Sindi, al-Shawkaani and al-Bastawi using only authentic, scholarly sources based on the Qur'an and sunnah. References, which include Haashiyat Ibn Maajah, Sharh Saheeh Muslim, Fataawa al-Lajnah al-Daa’imah, 1
Silsilat al-Ahaadeeth al-Da’eefah, Al-Mawsoo’ah fi Ahaadeeth al-Mahdi al-Da’eefah wa’l-Mawdoo’ah, Al-Manaar al-Muneef and Fataawa Islamiyyah, are provided where appropriate in the responses. The book provides the reader with cross references of other pertinent responses not necessarily in the same volume, but also in other volumes of the series. However, each volume is complete in itself. The book records accurately the answers the contributing Sheikhs and scholars gave to the questions put to them. These are not necessarily the answers which other sheikhs and scholars would have given. Depending on circumstances, for example, Islam permits different solutions to some questions The book also provides the reader with cross-references to other pertinent responses not necessarily in the same volume, but also in other volumes of the series. However, each volume is complete in itself. It is intended that this present series of Books will cover the following subject areas (insha-Allah): Aqeedah (Basic Tenets of Faith); Usool ul-Fiqh (Science of evidence that serve as basis for Fiqh), Fiqh (Jurisprudence and Islamic Rulings), Da'wah (Inviting others to Islam), Aadaab (Manners), Akhlaaq (Character and Morals), Tareekh wa ul Seerah (Islamic history and biography), Tarbiyyah (Pedagogy, education, and upbringing) and Mashakil Nafsiyah wa Ijtimaa'yah (Psychological & Social Problems). May Allah reward the owners and maintainers of www.islamqa.com for granting me full, exclusive, assignable and transferable rights to use and display all the questions and answers needed for the compilation of these books. May Allah grant everyone involved in the promotion of this project good in this world and the Hereafter and protection from the fire of hell.
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Chapter 1 General 11283: Don’t be such a fanatic! Question: What is the ruling on a person who, when he is advised with regard to an action which goes against sharee’ah, immediately says, “Don’t be such a fanatic and so extreme; be moderate.” We hope you can explain what moderation is. Answer: Praise be to Allaah. Whoever is advised concerning something that is haraam according to sharee’ah, so that he can avoid it or give it up, or is told of an obligation so that he can fulfil it, then he says something like this, is doing wrong. What he should do, if he is advised, is to thank the person who has offered the advice, then he should look at himself and if the advice was justified, then he should avoid the haraam thing and do what is obligatory. As far as his comment “you are a fanatic” is concerned, fanaticism, laxity and moderation are all to be understood in reference to sharee’ah. Whatever is in accordance with sharee’ah is moderate; whatever exceeds that is extreme and whatever falls short of that is laxity. The standard in all cases is sharee’ah and the meaning of moderation is that which is in accordance with the sharee’ah. Whatever is in accordance with sharee’ah is moderate. From the fatwas of Shaykh Muhammad ibn Saalih al‘Uthaymeen (www.islam-qa.com) 3
34749: Various questions about ‘asabiyyah (tribalism) and nationality Question: Some of my colleagues have started having discussions on the topic of nationality in islam. I am, therefore, putting the following questions before you. Please be kind enough to reply them in the light of shariah. 1- Talking about an independent country in the world where Muslims are in majority, if they celebrate the independence day then what is the status of this celebrations according to Islamic Shariah ? 2-Is it Asabiyah ? or Jahilia ? or Haram? 3- Whats the true definition of Asabiyah according to our Shariat? 4- As a Muslim how should we feel about the land/Country where we are born and brought up and get education and job ? Can we have feelings of love with this land? Does it means Asabiyah ? Can we have national celebrations which does not contradicts with Islamic teachings? What types of national celebrations are prohibited and which types of them are allowed ?? 5- How about using the passport of a country if attachment and affiliation with any country is considered as Jahilia and Asabiyah ?? 6- What examples are present in history of Sahaba (R.A) the Companions of PROPHET HAZRAT MUHAMMAD (PBUH) regarding the love of their land where they lived? Answer: Praise be to Allaah. 4
Firstly: It is not permissible to celebrate independence day or any similar occasions, because that entails imitation of the kuffaar. From another angle it is also a kind of innovation. So these celebrations combine sin and bid’ah (innovation). Ibn al-Qayyim said: The word Eid is used to refer to something that is repeated, in the sense of both place and time. With regard to time, this is like saying the Day of ‘Arafah, the day of Sacrifice and the days of Mina are Eids for us Muslims. This was narrated by Abu Dawood and others. With regard to place, this is like the report narrated by Abu Dawood in his Sunan, that a man said, “O Messenger of Allaah, I have vowed to sacrifice a camel in Bawaanah.” He said, “Is there one of the idols of the mushrikeen there, or one of their places of festivity?” He said, “No.” He said, “Then fulfil your vow.” And he said, “Do not take my grave as a place of festivity (which you visit repeatedly).” The word Eid is taken from the same root as the words mu’aawadah (repeating) and i’tiyaad (doing a thing repeatedly). If it refers to a place, then it means a place where people gather regularly for the purpose of worship or other purposes, as Allaah made al-Masjid al-Haraam [the Sacred Mosque, in Makkah], Mina, Muzdalifah, ‘Arafah and al-Mashaa’ir places of gathering and worship for those who believed in Him alone, and a focal point, and as He made the days of worshipping in those places an Eid. The mushrikeen had Eids in the sense of time and place (gathering in certain places on certain days), but when Islam came it abolished them and replaced them for the monotheists with Eid al-Fitr and Eid al-Adha and the days of Mina. And it replaced the places where they used to gather for festivals with the Ka’bah, the Sacred House, and ‘Arafah, Mina and al-Mashaa’ir. 5
Ighaathat al-Lahfaan, 1/190 One of the things that is forbidden for Muslims is to imitate the kuffaar, especially with regard to their festivals. This issue of festivals and innovated celebrations is one of the things that the Muslims became most careless about after the best generations. Many of them hastened to imitate other nations in their festivals and celebrations. Some of them introduced the innovation of celebrating the Prophet’s birthday, and celebrating the night of the Isra’ and Mi’raaj (Prophet’s night journey and ascent into heaven), and these national festivals which are increasing day after day among the Muslims. We have quoted in our answer to question no. 10070 a fatwa from the Standing Committee concerning national holidays and other celebrations. Please refer to this fatwa. Secondly: These forbidden and innovated celebrations stir up tribalism and racism, and imply approval of what the colonialists did by dividing the Muslims’ land and making it into scattered states and peoples. Allaah says (interpretation of the meaning): “O mankind! We have created you from a male and a female, and made you into nations and tribes, that you may know one another. Verily, the most honourable of you with Allaah is that (believer) who has AtTaqwa [i.e. he is one of the Muttaqoon (the pious)]. Verily, Allaah is AllKnowing, AllAware” [al-Hujuraat 49:13] Allaah created Adam and Hawwa’ [Eve], and made their offspring into peoples, tribes, races and colours. All people come from Adam and Hawwa’, and no colour or race is 6
superior to another. Rather all of them are equal before Allaah with regard to their origins, and the one who fears his Lord the most is the best and most honourable before Allaah. However people split after this into nations, countries and races, is only like the splitting of a single family, brothers from one father and one mother. This ‘asabiyyah (tribalism) that is appearing nowadays in most countries, where people form factions on the basis of race, colour or homeland, is akin to the ancient tribalism that existed between the tribes of Aws and Khazraj; it is one of the leftovers of jaahiliyyah [ignorance]. There had been many wars between Aws and Khazraj during the Jaahiliyyah, with a great deal of enmity and hatred, and intense fighting, until Islam came and they entered therein, and became brothers by the grace of Allaah. After Islam had set their affairs straight and they had become united, a Jewish man passed by a gathering of Aws and Khazraj, and he was bothered by their friendship and unity. So he sent a man who was with him to sit amongst them and remind them of the wars that used to be waged between them. He did that and kept doing it until they were provoked and became angry with one another, and they got riled up and started shouting their slogans and calling for their weapons, and threatening to go out to the Harrah (a place in Madeenah) to fight. News of this reached the Prophet (peace and blessings of Allaah be upon him), so he came to them and started to calm them down, and said, “Are you issuing the calls of the jaahiliyyah when I am still among you?” Then he recited to them the following verse (Interpretation of the meaning):
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“And hold fast, all of you together, to the Rope of Allaah (i.e. this Qur’aan), and be not divided among yourselves, and remember Allaah’s Favour on you, for you were enemies one to another but He joined your hearts together, so that, by His Grace, you became brethren (in Islamic Faith), and you were on the brink of a pit of Fire, and He saved you from it. Thus Allaah makes His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.,) clear to you, that you may be guided” [Aal ‘Imraan 3:103] When the Messenger of Allaah (peace and blessings of Allaah be upon him) recited this verse to them, they regretted what they had done, and they reconciled and put aside their weapons. Fourthly: Islam does not forbid a Muslim to love his homeland or the country in which he lives or grew up. What is reprehensible is basing one’s feelings of loyalty and disavowal on that, and loving and hating on that basis. A person who belongs to the same country as you is not closer to you than a Muslim from another land, and the reason for your loving or hating others should not be whether or not they come from the same country as you. Rather loyalty and disavowal, or love and hatred, should all be based on Islam and piety. The Prophet (peace and blessings of Allaah be upon him) used to love Makkah because it was the most beloved land to Allaah, but he did not love the kaafirs who lived there, rather he fought them because they fought against Islam and killed Muslims. Neither he nor his companions ever gave precedence to their love of Makkah over the laws of Allaah, so when Allaah forbade those who had migrated from Makkah to go back to it, except for Hajj 8
and three days after it, they adhered to that and did not stay there for longer than that period. Their love for Makkah did not make them disobey Allaah, let alone do anything that was worse than that. Today you see that tribalism and devotion to one’s country has gone to such extremes that places of shirk are venerated just because they are in one’s country; the flag is venerated because it represents the country, so the people stand and salute it with a reverence that is absent in their prayers when they stand before their Lord. Fifthly: Using passports is not regarded as a kind of ‘asabiyyah (tribalism) or jaahiliyyah (ignorance) because the purpose is simply to identify a person and the country of which he is a citizen. If it so happens that some people use them for the purpose of boasting and acting superior to others, or to express tribalistic pride in his country, this is something blameworthy. Sixthly: We have mentioned that the Prophet (peace and blessings of Allaah be upon him) loved Makkah and that he gave precedence to obeying his Lord over his love for Makkah. It was narrated that Ibn ‘Abbaas said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said to Makkah, “What a good land you are, and how dear you are to me. Were it not that my people drove me out from you, I would never have lived anywhere else.” Narrated by al-Tirmidhi, 3926; classed as saheeh by alTirmidhi and by al-Albaani in Saheeh al-Jaami’, 5536. You can also find similar stories of the Sahaabah and those who came after them, by reading their biographies. It 9
seems that the love of the Prophet (peace and blessings of Allaah be upon him) and the Sahaabah for Makkah was because it was the most beloved land to Allaah, as it says in another report narrated by al-Tirmidhi, no. 3925: “You are the best land of Allaah and the most beloved of the land of Allaah to Allaah.” Classed as saheeh by Ibn Hajar. But the natural love that a person feels for the place where he grew up is something that is not regarded as blameworthy by sharee’ah, so long as that does not distract you from acts of worship and obedience which are more important. Hence we see that the Sahaabah (may Allaah be pleased with them), Muhaajireen and Ansaar alike, left their homelands and went out to other lands, spreading the call of Islam throughout other countries. They went out for purposes that were nobler than their attachment to land and buildings. And Allaah knows best. Islam Q&A (www.islam-qa.com) 31888: The situation of the Muslims in Palestine Question: I was wondering wha you believe the fight taking place in the Holy Land is all about and what the end result might be. Answer: Praise be to Allaah. Undoubtedly what is happening to the Muslims in the 10
Holy Land of hardship, torture, expulsion, killing and harm is a matter which causes sorrow to every Muslim, and indeed to every non-Muslim who is reasonable, fairminded and compassionate, when they see the blatant persecution inflicted upon innocent people, with the intention of driving them out of their homes so that the enemy can take their place, which is an enemy that possesses the most advanced weapons, with which they attack unarmed people who are deprived of the means of defending themselves. This Muslim people has endured for more than fifty years, facing unending Zionist arrogance and aggression, which pays no heed to human dignity or any covenant or treaty, or any law, except that to which their own whims and desires make them inclined and in which their evil rabbis and warlords encourage them. The outcome of that is well known to Muslims as well as Jews, which is that the consequences will be in favour of the pious and the party of God will be the victors. The wrongdoer will never enjoy security, stability and prosperity, rather he will be faced with fear, anxiety, grief and shame, until the day comes when the Muslims come back to their religion and are governed by the sharee’ah of their Lord, then they will meet the Jews in battle, where the two sides will face one another, and victory will go to the people of faith. Al-Bukhaari (2926) and Muslim (2922) narrated from Abu Hurayrah that the Messenger of Allaah SAWS (peace and blessings of Allaah be upon him) said: “The Hour will not begin until the Muslims fight the Jews and kill them, until a Jew will be hiding behind a rock or a tree, and the rock or tree will say, ‘O Muslim, O slave of Allaah, here is a Jew behind me, come and kill him!’ except for the box-thorn (al-gharqad), for it is one of the trees of the Jews.” 11
We ask Allaah to hasten the Muslims’ return to their religion and to grant them the means of victory. May He grant us the joy of seeing His religion prevail and His enemies humiliated, and may He raise the status of those who are persecuted, tortured or killed for His sake. And Allaah knows best. Islam Q&A (www.islam-qa.com) 20677: Is it permissible in Islamic sharee’ah for a woman to be a ruler? Question: Are women allowed to be rulers in the islamic shariah? (i would prefer evidence from the Qur’an). Answer: Praise be to Allaah. Firstly: We appreciate our brother’s keenness to find out and follow the evidence from the Qur’aan, but there will not necessarily be evidence specifically from the Qur’aan for every issue. Rather the evidence for many rulings is to be found in the saheeh Sunnah of the Prophet (peace and blessings of Allaah be upon him), not the Qur’aan. The Muslim has to follow the evidence of both the Qur’aan and Sunnah. Allaah says (interpretation of the meaning): “O you who believe! Obey Allaah and obey the Messenger (Muhammad), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allaah and His Messenger, if you 12
believe in Allaah and in the Last Day. That is better and more suitable for final determination” [al-Nisa’ 4:59] Allaah has commanded us to obey Him and to obey His Messenger (peace and blessings of Allaah be upon him), and He has commanded us to refer matters of dispute to His Book and the Sunnah of His Messenger (peace and blessings of Allaah be upon him). Allaah says (interpretation of the meaning): “And whatsoever the Messenger (Muhammad) gives you, take it; and whatsoever he forbids you, abstain (from it). And fear Allaah; verily, Allaah is Severe in punishment” [al-Hashr 59:7] Ibn Maajah (12) narrated from al-Miqdaam ibn Ma’di Yakrib that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Soon there will come a time when a man will be reclining on his pillow, and when one of my hadeeth is narrated to him, he will say, ‘The Book of Allaah is (sufficient) between us and you. Whatever it states is permissible we will take as permissible, and whatever it states is forbidden, we will take as forbidden.’ Verily, whatever the Messenger of Allaah (peace and blessings of Allaah be upon him) has forbidden is like that which Allaah has forbidden.” Classed as saheeh by al-Albaani in Saheeh al-Jaami’, 8186 Secondly: The evidence from the Qur’aan and Sunnah indicates that it is not permissible for a woman to assume positions of senior public authority, such as the caliph (khaleefah), minister of state (wazeer or vizier) or judge (qaadi) and so on. 13
1 – Evidence from the Qur’aan: Allaah says (interpretation of the meaning): “Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other, and because they spend (to support them) from their means” [al-Nisa 4:34] Al-Qurtubi said: The words “Men are the protectors and maintainers of women” mean that they spend on them and protect them, and also that they (men) are the rulers and governors, and the ones who go on military campaigns, and none of these are the role of women. Tafseer al-Qurtubi, 5/168. Ibn Katheer said: It means the man is in charge of the woman; he is her leader, the ruler over her who disciplines her if she goes astray. “because Allaah has made one of them to excel the other” means, because men are superior to woman, and a man is better than a woman. Hence Prophethood was given only to men, as is the role of caliph, because the Prophet (peace and blessings of Allaah be upon him) said: “No people will ever prosper who appoint a woman in charge of them.” Tafseer Ibn Katheer, 1/492. 2 –Evidence from the Sunnah: It was narrated that Abu Bakrah said: When the Messenger of Allaah (peace and blessings of Allaah be upon him) 14
heard that the people of Persia had appointed the daughter of Chosroes as their queen, he said, “No people will ever prosper who appoint a woman in charge of them.” Narrated by al-Bukhaari, 4163. Al-Shawkaani said in Nayl al-Awtaar, 8/305: This indicates that women are not qualified to rule, and it is not permissible for people to appoint them as rulers, because they must avoid that which will cause them not to prosper. Al-Maawirdi said, in the context of his discussion of the position of wazeer: It is not permissible for a woman to play this role, because the Prophet (peace and blessings of Allaah be upon him) said, “No people will prosper if they delegate their affairs to a woman.” And because these positions require wisdom and resolve, which women may be lacking in, and requires appearing in public to handle matters directly, which is haraam for them to do. Al-Ahkaam al-Sultaaniyyah, p. 46. Ibn Hazm (may Allaah have mercy on him) said, in the context of his discussion on the role of caliph: There is no dispute that it is not permissible for a woman (to be caliph). Al-Fasl fi’l-Milal wa’l-Nihal, 4/129. In al-Mawsoo’ah al-Fiqhiyyah (21/270) it says: The fuqaha’ are agreed that one of the conditions of the position of caliph is that the holder should be male. The leadership of a woman is not valid, because the Prophet (peace and blessings of Allaah be upon him) said: “No people will ever prosper who appoint a woman in charge 15
of them.” That is also so that he will be able to mix with men, to devote his time solely to dealing with affairs of state, and because this position involves handling very serious matters. The responsibility is great and this is a man’s role. Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him) was asked the following question: What is the Islamic view on a woman being nominated as a candidate for the position of head of state, or head of a government, or a public ministry? He replied: It is not permissible to appoint or elect a woman as head of state. This is indicated by the Qur’aan, Sunnah and scholarly consensus. In the Qur’aan, Allaah says (interpretation of the meaning): “Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other…” [al-Nisa 4:34] The ruling in the verse is general and includes a man’s position of leadership in his family, and applies more so to his position of public leadership. This ruling is supported by the reason given in the verse itself, which is men’s intellectual superiority and better understanding etc, which are basic qualifications for leadership. In the Sunnah, the Prophet (peace and blessings of Allaah be upon him) said: “No people will ever prosper who appoint a woman in charge of them.” Narrated by alBukhaari. Undoubtedly this hadeeth indicates that it is haraam for a woman to take a position of public leadership, or to become the governor of a province or city, because all of 16
that comes under the general meaning of the hadeeth, and the Prophet (peace and blessings of Allaah be upon him) said that those who appoint a woman as their leader will never prosper. Prospering means being successful and doing well. The ummah unanimously agreed in practical terms at the time of the Rightly-Guided Caliphs and the imams of the first three generations, which the Prophet (peace and blessings of Allaah be upon him) testified were the best of generations, that women should not be appointed as governors or judges. There were women who were brilliant in religious knowledge, to whom scholars would refer concerning knowledge of Qur’aan, hadeeth and religious rulings, but no woman aspired to positions of public leadership during that time or any other position of that nature. The shar’i responsibilities of such positions cannot be carried out by women, because that involves travelling to the provinces, and mixing with the members of the ummah, and meeting with them, and leading the army sometimes in jihad, and negotiating with the enemy, and accepting oaths of allegiance from members of the ummah, and meeting with them, men and women, at times of war and peace, and so on. This is not appropriate for a woman, and it goes against the rulings of sharee’ah that are established to protect her and keep her safe from having to go out and mix in such a manner. Rationally speaking, women should not be given positions of public office, because what is required of the one who is chosen for such a position is that he should a man of great resolve, determination, smartness, will power and good management skills. These characteristics are lacking in women because they have been created with weakness in their intellect and thinking, and with strong emotions, so electing them to such positions is not in the interests of the Muslims and does not help them to achieve greatness. 17
And Allaah is the source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and upon his family and companions. Majallat al-Mujtama’, issue no. 890. And Allaah knows best. Islam Q&A (www.islam-qa.com) 22475: Ruling on migrating to a Muslim country and staying there without a mahram Question: I would like to know if a muslim sister who is a divorcee (without children) can make hijra to a muslim country alone. She is able to arrange for a mahram to travel with her, but she does not have a mahram who would live with her as she is unnable to persuade her father to make hijra and she is not married either. The sister is deeply concerned because she knows that the Prophet SAW has said that he wants to have nothing to do with a muslim person who lives and dies amongst the disbelievers. Please answer this question in terms of what is halaah and haraam in Islaam and after this any further advice you could give me. Please kindly state any ayaahs and hadeeths in support of your answer? Answer: Praise be to Allaah. Migrating from the land of kufr to a Muslim country is obligatory upon every Muslim who is able to do it; whoever does not migrate when he is able to is wronging 18
himself and is subject to Allaah’s warning of a severe torment. Allaah says (interpretation of the meaning): “Verily, as for those whom the angels take (in death) while they are wronging themselves (as they stayed among the disbelievers even though emigration was obligatory for them), they (angels) say (to them): “In what (condition) were you?” They reply: “We were weak and oppressed on the earth.” They (angels) say: “Was not the earth of Allaah spacious enough for you to emigrate therein?” Such men will find their abode in Hell — what an evil destination!” [al-Nisa’ 4:97] In Sunan Abi Dawood (2274) and elsewhere, it is narrated that the Prophet (peace and blessings of Allaah be upon him) said: “I have nothing to do with any Muslim who settles among the mushrikeen.” (A saheeh hadeeth, alIrwaa’, 5/30). Ibn Rushd said: It is obligatory, according to the Qur’aan, Sunnah and scholarly consensus, for anyone who becomes Muslim in a kaafir country to migrate from there and settle in a Muslim land, and not to live among the mushrikeen or settle among them. That applies if he is not able to practise his religion openly or he is forced to follow the rulings of kufr.” (al-Mawsoo’ah al-Fiqhiyyah, 4/264) It says in Mughni al-Muhtaaj (6/54): “If he is not able to practise his religion openly or he fears some tribulation (fitnah), then it is obligatory for him to migrate, whether (the Muslim) is a man or a woman, even if she has no mahram.” You have a mahram who could take you to a Muslim country, but it is not right for you to come unless you can find a safe place in which to live, such as a community in 19
which Muslim sisters live, or an Islamic center where there is someone who could protect you and take care of you and watch over your religious and worldly affairs so that you will not be exposed to fitnah and loss. If you cannot make any such arrangements, then you are excused, until you can find a safe place, because Allaah has restricted the obligation of migrating (hijrah) to those who are able to do it, and the lack of a place where you will be safe from corruption or loss is included under the heading of not being able. So you are excused for that reason until such a place become available. When such a place become available, then come with your mahram, after which it will be o.k. if you stay without a mahram in that safe place. And Allaah knows best. With regard to advice, we advise you to adhere to your religion and practise it both outwardly and inwardly as much as you can. Strive to learn the rulings of your religion from sound sources that are based on shar’i evidence. Also strive, so long as you are living in a kaafir country, to convey the call of Islam as much as you can to others, especially non-Muslim women and Muslim women who are negligent about their religion, using the means prescribed in sharee’ah. Note that one of the best means of da’wah is to be a good example yourself, and adhere to the rulings of Islam, and to its noble morals. We ask Allaah to help you to do good… Ameen. Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 23320: To whom should ba’yah (allegiance) be given? Question: Can you please clarify whether it is compulsory for every 20
Muslim to take BAIT on some one’s Hand as people did with The Prophet PBU and Khula Rashedeen. Answer: Praise be to Allaah. Bay’ah can only be given to the leader of the Muslims, and bay’ah is given by the decision makers – i.e., the scholars and people of virtue and status. Once they give their allegiance to him, his position of leadership is confirmed, and the common folk do not have to give allegiance to him themselves, rather they have to obey him so long as that does not entail disobedience towards Allaah. Al-Maaziri said: With regard to bay’ah being given to the leader of the Muslims, it is sufficient for the decision makers to give him their bay’ah. It is not essential for each individual Muslim to come to him and put his hand in his, rather it is sufficient to commit oneself to obeying him and submitting to him by not going against him or rebel against him. Quoted from Fath al-Baari. Al-Nawawi (may Allaah have mercy on him) said in Sharh Saheeh Muslim: With regard to bay’ah (oath of allegiance): the scholars are agreed that in order for it to be valid it is not essential for all the people or all the decision makers to give their bay’ah. Rather, if bay’ah is given by those scholars and people of virtue and status who are present, that is sufficient. It is not obligatory for each person to come to the leader and put his hand in his and give his oath of allegiance to him. Rather what is required of each individual is to submit to him and not go against him or rebel against him. 21
What is narrated in the ahaadeeth narrated in the books of Sunnah about bay’ah refers to giving allegiance to the Muslim leader, such as when the Prophet (peace and blessings of Allaah be upon him) said: “Whoever dies and did not make an oath of allegiance (to the Muslim leader) has died a death of jaahiliyyah.” (Narrated by Muslim, 1851). And he (peace and blessings of Allaah be upon him) said: “Whoever gives his oath of allegiance to a leader and gives him his hand and his heart, let him obey him as much as he can. If another one comes and disputes with him (for leadership), kill the second one.” (Narrated by Muslim, 1844) And he (peace and blessings of Allaah be upon him) said: “If allegiance is given to two khaleefahs, then kill the second of them.” (Narrated by Muslim, 1853). All of that undoubtedly has to do with giving allegiance to the Muslim leader. Shaykh Saalih al-Fawzaan (may Allaah preserve him) said, answering a question about giving allegiance to the various groups: Bay’ah only has to do with the leader of the Muslims; these various bay’ahs are innovated and they are among the causes of division. The Muslims who are living in one country or one kingdom should have one allegiance to one leader; it is not permissible to have several kinds of bay’ah. al-Muntaqa min Fataawa alShaykh Saalih al-Fawzaan, 1/367 With regard to how the allegiance should be given to the leader, in the case of men it is done in word and in deed, namely with a handshake. In the case of women, it is done by word only. This is proven in the ahaadeeth which speak of how allegiance was given to the Messenger of Allaah (peace and blessings of Allaah be upon him). 22
For example, ‘Aa’ishah (may Allaah be pleased with her) said: “No, by Allaah, the hand of the Messenger of Allaah (peace and blessings of Allaah be upon him) never touched the hand of any (non-mahram) woman. Rather he would accept their allegiance (bay’ah) in words only.” (Narrated by al-Bukhaari, 5288; Muslim, 1866) Al-Nawawi (may Allaah have mercy on him) said in his Sharh (commentary): “This indicates that for women, allegiance is given in words only, without taking the hand of the leader, and for men it is done in words and by taking his hand. And Allaah knows best. Islam Q&A (www.islam-qa.com) 21509: Role of the khaleefah of the Muslims? Question: What is the role of the khaleefah of the Muslims?. Answer: Praise be to Allaah. Al-Maawirdi said, describing the tasks that the imam or ruler is obliged to do: There are ten things that he is obliged to do that have to do with public affairs: 1 – He must preserve the religion according to its established bases and that on which the salaf of the ummah was unanimously agreed. If an innovator or deviant or 23
one who is confused about some issue emerges, he has to explain the proof to him and tell him what is correct, and deal with him according to the set rights and punishments so that the religion will be protected against being undermined and the ummah will be prevented from deviance. 2 – He must judge between disputing parties and put an end to arguments so that justice and fairness will prevail, aggressors will not get carried away and no person who is wronged will feel helpless. 3 – He must guarantee public safety and security and protect the women and children of the ummah so that people can go about their business and travel around in safety, with no danger to their persons or their wealth. 4 – He must carry out hadd punishments so that the sacred limits of Allaah will not be transgressed and so that the rights of His slaves will be protected. 5 – He must reinforce the borders with equipment and forces so that the enemy will not find any opportunity to violate the borders of the Muslims or shed their blood or the blood of non-Muslims living under the protection of the Islamic state. 6 – He must strive in jihad against those who stubbornly reject Islam after being called to it, until they become Muslim or agree to live under Muslim protection and pay jizyah, so that the rights of Allaah will be fulfilled and His religion will prevail over all others. 7 – He must collect zakaah and charity money in the manner enjoined by the texts and scholarly consensus, without causing fear or being unjust. 8 – He must work out what benefits etc are to be given to those who deserve them from the treasury of the Islamic 24
state (bayt al-maal), without being either extravagant or stingy; he must pay them on time, neither early nor late. 9 – He must appoint people who are honest and sincere to different positions, so that things will be done efficiently and wealth will be kept with trustworthy people. 10 – He should supervise matters directly himself, and check on things so that the ummah will be led in a proper manner. He should not rely on delegating to others because he is too busy indulging in physical pleasures or worship, for he may end up delegating to a supposedly trustworthy person who then betrays him, or a supposedly sincere person who then cheats him. Allaah says (interpretation of the meaning): “O Dawood (David)! Verily, We have placed you as a successor on the earth; so judge you between men in truth (and justice) and follow not your desire * for it will mislead you from the path of Allaah” [Saad 38:26] Allaah did not allow him to delegate to others without supervising them or excuse him from that; He even described that as misguidance. Even though these are the duties of the khaleefah as stated in religion, these are also the duties of everyone who has anyone under his care. The Prophet (peace and blessings of Allaah be upon him) said: “Each of you is a shepherd and each of you is responsible for his flock.” If the imam fulfils the rights of the ummah that we have mentioned above, then he has discharged his duty towards Allaah and to them, and so he is owed the two duties of obedience and support, unless he changes. Islam Q&A (www.islam-qa.com) 25
21878: It is not permissible to forsake a Muslim because of differences in points of view Question: I know that it is only permissible for a muslim to be mad at a fellow brother for 3 days at most— and the one who is better is who talks first. However— if I only see a certain brother once a week or so— is it permissible for me to turn away 3 times that I see him— or do I have stick with the 3 day limit. If I do— then he will never know my displeasure with him. I know this isn’t a good attitude to have— but sometimes a brother may do something and I would like to let him know that I do not approve of it. Answer: Praise be to Allaah. It is not permissible to forsake a Muslim, because the Prophet (peace and blessings of Allaah be upon him) said: “It is not permissible for a man to forsake his Muslim brother for more than three days, each of them turning away from the other when they meet. The better of them is the one who gives the greeting of salaam first.” (Narrated by al-Bukhaari, 5727; Muslim, 2560). This applies especially if the believer is a relative, such as a brother, nephew, uncle or cousin, because in such cases forsaking is an even worse sin. This applies unless the person is committing a sin and there is an interest to be served by forsaking him, i.e., that it will make him give up the sin. In that case there is nothing wrong with it, because this comes under the heading of removing evil. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever among 26
you sees an evil action, let him change it with his hand [by taking action]; if he cannot, then with his tongue [by speaking out]; if he cannot then with his heart [by hating it and feeling that it is wrong], and that is the weakest of faith.” (Narrated by Muslim, 49). The basic principle is that it is haraam for a Muslim to forsake his fellow-Muslim, unless there is a reason to allow it. See Fataawa Manaar al-Islam, by Ibn ‘Uthaymeen, vol. 3, p. 732. Wali al-Deen al-‘Iraaqi said: This prohibition applies in cases where the forsaking is caused by anger with regard to something permissible that has nothing to do with religion. With regard to forsaking someone for a religious reason, such as his committing sin or bid’ah, there is no prohibition on that. The Prophet (peace and blessings of Allaah be upon him) commanded (his companions) to forsake Ka’b ibn Maalik, Hilaal ibn Umayyah and Maraarah ibn al-Rabee’ (may Allaah be pleased with them). Ibn ‘Abd al-Barr said: This hadeeth of Ka’b indicates that it is permissible for a man to forsake his brother if he commits some act of bid’ah or immorality, in the hope that forsaking him may discipline him and serve as a rebuke to him. Abu’l-‘Abbaas alQurtubi said: With regard to forsaking a person because of sin or bid’ah, it should be continued until he repents from that and does not go back to it. Ibn ‘Abd al-Barr also said: The scholars are unanimously agreed that it is not permissible for a Muslim to forsake his brother for more than three days, unless there is the fear that speaking to him and keeping in touch with him will affect one’s religious commitment or have some harmful effect on 27
one’s spiritual and worldly interests. If that is the case, it is permissible to avoid him, because peaceful avoidance is better than harmful mixing. Tarh al-Tathreeb, 8/99 What you should do, if your brother has done something haraam, is to advise him and explain that this thing is haraam and is not permitted, and remind him of Allaah. If you see that he is persisting in his sin and you think that forsaking him will serve a purpose, then it is permissible to do so, as stated above. But if he has simply done something that you do not agree with, or it is the matter of different points of view, then you should explain to him that you do not agree with what he has done, or with his mistaken point of view. But if you make forsaking him the sign of your disagreeing with him, this may lead to him rejecting your view completely, let alone the fact that this is not a legitimate shar’i justification for forsaking him for more than three days. We have seen above in the fatwa of Shaykh Ibn ‘Uthaymeen that the basic principle is that it is haraam for a Muslim to forsake his fellowMuslim, unless there is a reason to allow it. The Muslim must be forbearing and sincere towards his brothers, he must be tolerant towards them and overlook their mistakes. He should not hasten to adopt a solution that may cause division and haraam kinds of forsaking. May Allaah help us all to do that which He loves and which pleases Him. May Allaah send blessings upon our Prophet Muhammad. Islam Q&A (www.islam-qa.com) 21744: Going to a hairdresser who plays music Question: What is the ruling on going to hairdressers who play music and songs? 28
Please note that I am remembering Allaah in my heart, and I do not know of any hairdresser nearby who does not play music, apart from a few whose services are not very good. Answer: Praise be to Allaah. It is not permissible for you to listen to the songs when you go to such places. If they play the songs loud in the shop when you are there, you have to denounce that in a wise and good manner. Most hairdressers will respond to the one who advises them sincerely; this is something which has been tried and tested. If they respond to your request, all well and good, otherwise go to someone else. In sha Allah you will find someone who will do what you ask. Whoever fears Allaah and keeps his duty towards Him, Allaah will grant him a way out. And Allaah is the Source of strength. May Allaah bless our Prophet Muhammad Islam Q&A (www.islamqa.com) 21977: Solution to the Palestinian issue Question: What is the way of solving the Palestinian issue which becomes more complicated each day? Answer: Praise be to Allaah. The Muslim is deeply grieved and filled with sorrow as the Palestinian situation goes from bad to worse, and gets 29
more complicated, until it has ended up in the state we have seen in recent days, because of differences among neighbouring nations and their failure to stand together as one against the enemy and their failure to adhere to the rule of Islam on which Allaah has made victory dependent, and has promised those who adhere to it that they will gain power and become powerful in the land, and has warned of grave danger and a severe punishment, if the neighbouring nations do not hasten to unite once more and adhere to the Islamic ruling concerning this matter, which concerns them and the entire Islamic world. It is worth pointing out in this context that the Palestinian issue is an Islamic issue, first and last, but the enemies of Islam are striving their utmost to remove it from the Islamic map and make the non-Arab Muslims think that it is an Arab issue that does not concern the non-Arabs. It seems that they have succeeded in that to some extent. Hence I think that a solution cannot be reached in this matter unless it is regarded as an Islamic issue and the Muslims cooperate to find a solution, and wage an Islamic jihad against the Jews, until the land is given back to its people and the Jewish immigrants go back to the countries from which they came, and the original Jewish inhabitants stay in their towns under Islamic rule, not communist or secular rule. In this manner truth will prevail and falsehood will be defeated, and the people whose land it is will return to their land under Islamic rule and none other. And Allaah is the source of strength. Majmoo’ Fataawa al-Shaykh Ibn Baaz, part 1, p. 1259 (www.islam-qa.com) 21854: The uprising of the Palestinian people Question: Today we are witnessing a major political phenomenon 30
that has shaken the world, namely the uprising of the Palestinian people against the Jews (the Intifada). Can you suggest something that we can say to the Muslim people in occupied Palestine? Answer: Praise be to Allaah. I advise them to fear Allaah and to cooperate in doing good and in righteous deeds, for Allaah will support those who support His cause. Allaah says (interpretation of the meaning): “O you who believe! If you help (in the cause of) Allaah, He will help you, and make your foothold firm” [Muhammad 47:7] And Allaah says elsewhere in His Holy Book: “Allaah has promised those among you who believe and do righteous good deeds, that He will certainly grant them succession to (the present rulers) in the land, as He granted it to those before them, and that He will grant them the authority to practise their religion which He has chosen for them (i.e. Islam). And He will surely, give them in exchange a safe security after their fear (provided) they (believers) worship Me and do not associate anything (in worship) with Me” [al-Noor 24:55] I advise all of our brothers to cooperate with them and I advise the rich and those in positions of authority to extend the hand of aid to their brothers in Palestine who are striving to regain their land and achieve victory over the enemy, in sha Allaah. May Allaah support them with the 31
truth and reward them with all good on behalf of the Muslims. All they have to do is to persevere in patience and constancy, and vie in such perseverance, for the promise of Allaah is true and Allaah will help those who help His cause. May Allaah help them and grant them victory over their enemies, and may He enable the Muslims to help them and stand firm with them until Allaah grants them victory over their enemy, for He is the best of supporters. Majmoo’ Fataawa Samaahat al-Shaykh Ibn Baaz, part 1, p. 1262 (www.islam-qa.com) 14235: Ruling on Muslims taking on European nationality Question: What is the ruling on taking European nationality for a Muslim who has come to a European country fleeing from oppression in his homeland, where he has lost his identity papers and has lost all hope of going back to his country? May Allaah reward you with good? Answer: Praise be to Allaah. In order to answer this question, we must explain two things. 1 – Whether settling in a kaafir country is permissible 2 – Establishing whether there is a need to take the nationality. With regard to the first matter, settling in a kaafir country is not permissible unless the following conditions are met: 32
1- There should be a legitimate need for settling in their country, which cannot be met in the Muslim lands, such as trade, da’wah, officially representing a Muslim country, or seeking knowledge that is not available in a Muslim country either because it does not exist there, or what is available is not of good quality. Or there should be fear of death, prison or torture, not mere harassment, for oneself or for one’s family and children, or fear for one’s wealth. 2- Settling there should be regarded as temporary, not permanent. It is not permissible to have the intention of staying there permanently; rather one should have the idea that it is temporary, because settling there permanently means that one has migrated (made hijrah) from the land of Islam to the land of kufr. This clearly goes against the ruling of sharee’ah that it is obligatory to migrate from the land of kufr to the land of Islam. Having the intention of staying there temporarily means that when the need to stay in the kaafir country no longer applies, one will get up and leave. 3- The kaafir country in which one wants to settle should be one which is at peace with the Muslims, not one which is at war with them. Otherwise it is not permissible to settle there. A country is regarded as being at war with the Muslims if it is hostile towards the Muslims. 4- There should be religious freedom in the kaafir country, so that the Muslim will be able to practise his religion openly. 5- He should be able to learn the laws of Islam in that country; if it is difficult for him to do so then it is not permissible for him to settle there because that implies that he is turning away from learning the religion of Allaah. 6- He should think it most likely that he will be able to 33
protect and maintain his religious commitment, and that of his family and children, otherwise it is not permissible for him to settle there, because preserving one’s religious commitment takes precedence over preserving one’s self, one’s wealth and one’s family. Whoever meets this condition – and how difficult it is to meet it – is permitted to settle in the land of the kuffaar, otherwise that is forbidden to him, because of the texts which clearly forbid settling there and enjoin migrating from such lands, as is well known, and because of the great danger which that poses to religion and morals, which no one can deny except one who is arrogant. Secondly: there should be a legitimate need for taking the nationality, such as the benefits for which the Muslim has settled in the kaafir country being dependent upon his taking the nationality. Otherwise that is not permissible for him, because taking the nationality is an obvious manifestation of befriending the kuffaar, and because it involves speaking words which it is not permissible to believe in or adhere to, such as approving of kufr or manmade laws. Moreover, taking the nationality may lead to staying in the kaafir land permanently, which is not permissible, as stated above. Having established these two points, I hope that Allaah will forgive the Muslims who settle in kaafir lands for the great danger that they have exposed themselves to, because either he is forced to settle there and necessity makes permissible that which is ordinarily forbidden, or to serve an interest which outweighs the harms. And Allaah knows best. Shaykh Khaalid al-Maajid, Faculty Member, College of Sharee’ah, Imaam Muhammad ibn Sa’ood Islamic University. (www.islam-qa.com) 34
3685: He hears music sometimes in school without wanting to; is that a sin? Question: I have previously stopped listening to music, by me not putting it on, but I hear it at school and other places, where I try not to enjoy it but sometimes I do? Would that count as listening, and would I be accounted for it or not? Answer: Praise be to Allaah. There is a difference between the one who listens to music and the one who hears it. The one who listens to songs hears them deliberately, wants to hear them and enjoys that, whereas the one who only hears the sound that reaches him, without wanting or intending to do so, such as when riding in an airplane or a bus in which there is music, or who goes to the marketplace and hears that from some stores without wanting or intending to listen to it. There is a difference between the latter and the one who sits down to listen to and enjoy this haraam thing. Hence Shaykh al-Islam (Ibn Taymiyah) said: The command and the prohibition have to do with listening. Merely hearing something is like seeing; it has to do with the intention behind seeing, not what happens without a person choosing it…. The same applies to committing sin through the five senses of hearing, sight, smell, taste and touch; the commands and prohibitions are connected to what a person intends and does, but whatever happens without him choosing it, there is no command or prohibition with regard to that. (Majmoo’ al-Fataawa, part 5, p. 566) 35
One has to denounce that evil as much as possible, but if he cannot do that, then he should denounce it in his heart. One of the things implied by denouncing it in one’s heart is not remaining in a gathering or a place where that evil is happening, if one is able to leave. With regard to listening to it, one must strive against that as much as possible and seek refuge with Allaah from the Shaytaan, and remember Allaah. Then Allaah will take that away from you. If that makes your heart attracted to it, then you should keep away from those parts of the school. If it will not cause you a lot of trouble to miss some of those classes in which these things happen then you should not attend them. You have to remember that Allaah is always watching and fear Him, for whoever fears Allaah, Allaah will give him a way out. Allaah says (interpretation of the meaning): “And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty)” [al-Talaaq 65:2] And Allaah is the Source of strength. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 12499: Eating with people who are drinking wine at the same table Question: It it permissible for a muslim to eat with non muslims people who drink wine on the same table. 36
Answer: Praise be to Allaah. It is not permissible to sit with people who are drinking wine (alcohol), whether they are kaafirs or Muslims. Allaah says concerning the one who sits with those who are speaking of kufr and falsehood: “then sit not with them, until they engage in a talk other than that” [al-Nisaa’ 4:140 – interpretation of the meaning] al-Tabari said: this aayah clearly indicates that it is not allowed to sit with the people of falsehood of any kind, when they are indulging in their falsehood. “(but if you stayed with them) certainly in that case you would be like them” [al-Nisaa’ 4:140 – interpretation of the meaning]. Ibn Katheer said: i.e., you would be like them in sinning. According to a hadeeth narrated by Jaabir, the Prophet (pecace and blessings of Allaah be upon him) said: “Whoever believes in Allaah and the Last Day, let him not sit at a table where wine is being served.” (Narrated by al-Tirmidhi, al-Adab, 2725; classed as hasan by alAlbaani in Saheeh Sunan al-Tirmidhi, 2246). The commentator on the hadeeth said: even if he does not drink with them, it is as if he is approving of their evil action. So it is not permissible to sit with them or to converse with them, even if one does not drink, because if he does that he is like a silent shaytaan (devil). If you see them, then you have to denounce them for that, and if they do not respond then leave them and keep away from them. We ask Allaah to keep us safe and sound. May Allaah bless our Prophet Muhammad. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 37
11406: Killing non Muslims Question: I’ve read that in Islam it is a greater sin to kill a Muslim than a non-Muslim. However, on death a Muslim will be in Paradise whereas the non-Muslim will be in Hell.To kill a non-Muslim is to deny them forever the chance of becoming a Muslim, and condemns them to Hell. Is this not then a greater sin? Answer: Praise be to Allaah. Killing a non-Muslim when he is a mu’aahid (one of those who have a peace treaty with the Muslims) is a sin, one of the major sins. Al-Bukhaari narrated that ‘Abd-Allaah ibn ‘Amr ibn al-‘Aas (may Allaah be pleased with them both) said: “The Prophet (peace and blessings of Allaah be upon him) said: ‘Whoever kills a mu’aahid will not smell the fragrance of Paradise, even though its fragrance may detected from a distance of forty days.’” But with regard to non-Muslims who are at war with the Muslims and do not have a peace treaty with the Muslims or are not living under Muslim rule, then Muslims are commanded to kill them, because Allaah says (interpretation of the meaning): “Fight those of the disbelievers who are close to you, and let them find harshness in you” [al-Tawbah 9:123] But this should be in the case of jihaad under the leadership of one of the leaders of the Muslims, or his deputy. 38
Shaykh ‘Abd al-Kareem al-Khudayr . (www.islamqa.com) 11747: Reconciling the fact that the khaleefah should be from Quraysh with the hadeeth about obeying an Abyssinian slave Question: What is the understanding pertaining to the statement in the “Aqeedah “ that the Khalifat belongs to the Quraish, how does the Hadith pertain to “Obey the Amir even if he be an Abysinnian with a head like a raisin”, could you pls help us to reconcile this and may Allah guide us to accept the truth? Answer: Praise be to Allaah. The hadeeth about the rulers being from Quraysh is a saheeh hadeeth which was narrated through many isnaads. The basic principle is that the leader should be from Quraysh. But in the case where the khaleefah has seized power by force and is ruling the people by force, the people have to obey him and it is haraam to rebel against him, even if he is an Abyssinian slave as it says in the hadeeth. Shaykh ‘Abd al-Kareem al-Khudayr. (www.islamqa.com) 361: Proportional representation in Islamic centers Question: Is proportional representation in Islam alowable or not.The situation is thus, if there are say 10 Muslim 39
organisations(each with a differant number of members) and they all join together to form one mother organisation so that they can co-ordinate between the Islamic work between each other. Is it permissible that we catogorise the organisation according to their membership. That is if one organisation has 1-100 members they get one vote, 101-200 members they get two votes and so on, Is this permissible in Islam? I hope you can answer this thank you Answer: Praise be to Allaah. There is no problem with this because it is a way of organizing things in order to reach the right or better opinion, by using points to represent groups according to their size or number of members. But you should know that a “one man one vote” system may be unfair if the people involved are not equal in trustworthiness, ability, knowledge and experience that are necessary for the kind of decision-making that you want to undertake. If they are equal or close enough, then “one man one vote” is fair and wise. The people of authority (ahl al-hall wa’l-’aqd) in this ummah are those who have knowledge and virtue, who are rational and wise, and who are prominent and distinguished. These, not the ignorant masses whose opinion is worthless, are the ones who select the khaleefah. May Allaah help you to do that which will please Him. Islam Q&A. Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 11018: Ruling on a dispute between two brothers Question: My father and my uncle – my father’s brother – are always arguing. We live in one house, with only a dividing wall between us. My father is single and my uncle is single; 40
my mother has died and my uncle’s wife has died. I always advise them not to fight, but sometimes my uncle picks on my father. How can I advise both of them – my father and my uncle? Please note that my father prays and fasts, and my uncle prays sometimes and not at other times, but he does fast. Answer: Praise be to Allaah. Advise your uncle to pray regularly and explain to him that the salaah is the most important pillar of Islam after the Shahaadatayn. Forsaking prayer is kufr, and his fasting is not valid if he is not praying. His good deeds will not be accepted if he does not pray. Advise them both to be righteous and to fear Allaah, and to uphold the ties of kinship and pay attention to the rights of relatives; whoever cuts the ties of kinship, Allaah will cut him off, and whoever takes care of the ties of kinship, Allaah will take care of him. Read to them both the aayaat of the Qur’aan and the ahaadeeth of the Prophet which speak of that. Then if you uncle responds, then praise be to Allaah, otherwise you have to shun him. From Fataawaa al-Lajnah al-Daa’imah, 12/363 (www.islam-qa.com) 10224: Is it permissible to go to beaches where there is nakedness and free mixing? Question: In Egypt, people go to Alexandria to spend the summer there. On the beaches there are thousands of women who are virtually naked, and men mix freely with women. I 41
am a man with a beard; is it permissible for me to go there and sit by the sea, or not? Answer: Praise be to Allaah. If the situation is as described, it is not permissible for a Muslim to go to these places, for fear of fitnah (temptation) and so as to avoid the places where it is to be found – unless he is one of those who are able to remove the evil things that are there, because they have the authority and the knowledge of sharee’ah, and are able to enjoin what is good and forbid what is evil. From Fataawaa al-Lajnah al-Daa’imah, 12/362 (www.islam-qa.com) 10222: Is warning people about a person who commits evil a form of slander or backbiting? Question: If a person is known for his evil deeds and he openly commits major sins such as drinking alcohol etc., and we advise others to keep away from him and to avoid dealing with him, is this permissible? Answer: Praise be to Allaah. Warning others about a person who does evil and commits major sins is obligatory (waajib). If a Muslim fears that his brothers may be harmed by those people’s actions, he must advise them and tell them about these evildoers, so that no one will fall into their trap. It is also obligatory to 42
advise the evildoers and those who commit major sins, so that perhaps Allaah may guide them. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Religion is sincerity” They said, “To whom, O Messenger of Allaah?” He said, “To Allaah and to His Book, to His Messenger, and to the leaders of the Muslims and their common folk.” (Narrated by Muslim from the hadeeth of Tameem ibn Aws al-Daari (may Allaah be pleased with him). Fataawaa al-Lajnah al-Daa’imah, 12/375-376 (www.islam-qa.com) 10226: Is it permissible to live with someone who drinks alcohol? Question: I am a student in the university, and I live with some other students in a room in the student dorms on campus. I do not have the right to move from this room, and I am forced to stay here. The students that live with me say that they drink beer. Is there any sin involved if I sit with them or eat with them or talk to them? Answer: Praise be to Allaah. If it is known for sure that they are drinking intoxicants, then keep away from them in the dorm as much as you can, if they do not accept your advice to them to give up this evil action. If you cannot leave the dorm, then avoid sitting with them, talking to them and eating with them unless it is essential, otherwise you will be sinning. From Fataawaa al-Lajnah al-Daa’imah, 12/360 (www.islam-qa.com) 43
1094: Appointing an ameer (leader) Question: What is the ruling on appointing someone as an ameer when not travelling, such as when a group of young men are sharing a flat or in a camp that is held within the city or elsewhere? Answer: Praise be to Allaah. The reports that have been narrated concerning appointing an ameer refer specifically to when people are travelling, because when people are travelling they need to be able to refer their opinions to a leader or ameer. But when people are not travelling, usually each individual is busy with his own affairs and they do not need an ameer. But they may appoint someone to be the head of their society or group, so if for example they are living in a flat, they may say” we need someone to organize our affairs in this flat, so we will appoint So and so to be our head or ameer.” Then they can discuss with him the running of this household’s affairs, such as what kind of food to have, setting times of rest, deciding what needs to be bought, and so on, so they discuss these things with him and agree to accept what he says. This is correct, in sha Allaah. Islam Q&A. Sheikh Muhammed Salih AlMunajjid (www.islam-qa.com) 5413: He thinks someone is a spy Question: I would like to ask an important question. I am suspecting a brother to be a spy. There are many evidences which leads me and many others to this conclusion. Knowing 44
the person, he seems to be a very pious person MAshaa’Allah. However, there were many matters in which he gave us an impression that he is a spy. Honestly, I am very confused. Am I aloud to suspect someone of being a spy? Am I aloud to warn others? What should I do in this case. Wa Jazakum Allahu Khayran. Answer: Praise be to Allaah. The basic principle is that we should think well of another Muslim, unless he does many things that indicate that we should not think well of him. This is what is known as circumstantial evidence or corroborative evidence. If this happens in this person’s case, then there is no harm in being cautious around him, because he is the one who has brought it upon himself by his own suspicious actions. And Allaah is the source of strength. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 4204: Is it permissible for sisters who are working in Da’wah to choose an Ameerah (leader) for themselves? Question: is it permissible for sisters who are trying to sread the salafidawah amonst the sisters to select an amir to make sure that everything is being done in an organized fashion based on the understanding of the salafusalih (this is just amongst sisters the sisters) and their are no leaders within the community that is on the salaf. 45
Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: Praise be to Allaah, the Lord of the Worlds, and peace and blessings be upon the most noble of the Prophets and Messengers, our Prophet Muhammad, and upon all his family and companions. They have to have an Ameerah to organize their affairs so that they will not be disorganized. This is the case with every group of people, whether on a journey, in the home, etc. If they appoint someone as an Ameerah, then they have to obey her, because the point of making someone an Ameer is to obey him. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 3062: Is it permissible for Muslims to vote for kaafirs who seem to be less evil? Question: Some Moslems in a non Islamic country are asking if it is OK to participate in the elections there and vote for non Moslem groups or parties. They claim that it would serve the Moslem community there if a certain group won the elections? Answer: Praise be to Allaah. This is a matter concerning which rulings may differ according to different circumstances 46
in different times and places. There is no absolute ruling that covers all situations, both real and hypothetical. In some cases it is wrong to vote, such as when the matter will have no effect on the Muslims, or when the Muslims have no effect on the outcome of the vote. In this case voting or not voting is all the same. The same applies in cases where all the candidates are equally evil or where they all have the same attitude towards Muslims… It may be the case that the interests of Islam require Muslims to vote so as to ward off the greater evil and to reduce harmful effects, such as where two candidates may be non-Muslims but one of them is less hostile towards Muslims than the other, and Muslims’ votes will have an impact on the outcome of the election. In such cases there is nothing wrong with Muslims casting their votes in favour of the less evil candidate. In any case, this is the matter of ijtihaad based on the principle of weighing up the pros and cons, what is in the interests of Islam and what is detrimental. With regard to this matter, we have to refer to the people of knowledge who understand this principle. We should put the question to them, explaining in detail the circumstances and laws in the country where the Muslim community is living, the state of the candidates, the importance of the vote, the likely benefits, and so on. No one should imagine that anyone who says that it is OK to vote is thereby expressing approval or support for kufr. It is done in the interests of the Muslims, not out of love for kufr and its people. The Muslims rejoiced when the Romans defeated the Persians, as did the Muslims in Abyssinia (Ethiopia) when the Negus defeated those who had challenged his authority. This is well known from history. Whoever wants to be on the safe side and abstain from voting is allowed to do so. This response applies 47
only to elections for influential positions. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com)
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Chapter 2 Enjoining what is good and forbidding what is evil 45789: Attending wedding parties which involve some evils Question: Celebrations nowadays are not free of some evils, such as songs, dancing, music, improper clothing, etc. My question is very important: 1- Is it permissible to attend and accept invitations to these occasions? 2- As 99% of these events are not free of songs, especially those that are accompanied by haraam musical instruments or indecent words, does this mean that we should have nothing to do with them and not attend any such occasions? 3- If we do not attend these parties, does that mean we are severing the ties of kinship, cutting ourselves off from people and causing enmity between us and them? 4- The scholars have stipulated that if we attend these celebrations we must denounce what goes on, but such denunciations receive no response and there is no real opportunity at such times which they claim are times of joy. 5- I hope that you can find the time to explain for us in detail about this matter which is so widespread nowadays. Answer: Praise be to Allaah. 49
1 – It is not permissible to attend wedding parties that involve evil actions, such as singing that is accompanied by music or that includes indecent words. The fact that this is widespread among people does not mean that it is permissible and should not be denounced. 2 – Not attending these parties is not regarded as severing the ties of kinship, rather it is protecting oneself from seeing or hearing evil. Your family and relatives should understand that you would be keen to attend and take part, were it not for the evil things that they do. 3 – If a person who is invited to such an event knows that there will be evil things happening and that he is not able to denounce them, it is not permissible for him to attend. Ibn Qudaamah (may Allaah have mercy on him) said in al-Mughni (7/214): If a person is invited to a wedding feast in which evil things will take place, such as wine, musical instruments, etc, and he is able to attend and remove those evils, then he must attend and denounce them, because then he will be fulfilling two duties: accepting the invitation of his Muslim brother and removing evil. But if he is not able to denounce them then he should not attend. If he does not know about the evils until he gets there, he should remove them. If he cannot, then he should go away. Something similar was stated by al-Shaafa’i. It says in Fataawa al-Lajnah al-Daa’imah: If wedding parties are free of evils such as men mixing with women and indecent songs, or if you attend then these evils will be changed, then it is permissible to attend, so as to share in the occasion of joy. Rather it is obligatory to attend if there is some evil that you can remove. But if there are evil things in these parties that you cannot denounce, then it is haraam to attend them because of the 50
general meaning of the words of Allaah (interpretation of the meaning): “And leave alone those who take their religion as play and amusement, and whom the life of this world has deceived. But remind (them) with it (the Qur’aan) lest a person be given up to destruction for that which he has earned, when he will find for himself no protector or intercessor besides Allaah” [al-An’aam 6:70] “And of mankind is he who purchases idle talks (i.e. music, singing) to mislead (men) from the path of Allaah without knowledge, and takes it (the path of Allaah, or the Verses of the Qur’aan) by way of mockery. For such there will be a humiliating torment (in the Hellfire)” [Luqmaan 31:6] And because of the many ahaadeeth which condemn singing and musical instruments. From Fataawa al-Mar’ah, compiled by Muhammad alMusnad, p. 92. And Allaah knows best. Islam Q&A (www.islam-qa.com) 10522: Do we begin with changing things “by hand” when changing evil things? Question: Does the hadeeth, “Whoever among you sees an evil action, let him change it by his hand [by force]…” mean that we should change it by force straightaway, even though it may be possible to change it by speaking out? Answer: Praise be to Allaah. 51
Changing evil things is to be done by stages, progressing by degrees from warning and reminding, to preaching and alarming, then rebuking, then changing it “by hand” (by force), then carrying out acts of punishment and vengeance, and finally by declaring hostility and referring the matter to the judge. Al-Mawsoo’ah al-Fiqhiyyah, vol. 39, p. 127 (www.islamqa.com) 39357: A brother’s responsibility towards his siblings at home Question: My father works overseas, and I am the oldest son in the family. I live with my mother and siblings. Am I regarded as responsible for my siblings, in the sense that I should enjoin them to do what is good and forbid them to do what is evil, and do they have to obey me in that, or is this my mother’s responsibility? If my mother falls short in that and lets my siblings do some evil actions, what should I do?. Answer: Praise be to Allaah. Enjoining what is good and forbidding what is evil is obligatory upon you at all times, whether your father is there with you or he is absent from the home. It is also everybody’s responsibility, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever among you sees an evil action, let him change it with his hand [by taking action]; if he cannot, then with his tongue [by speaking out]; and if he cannot, then with his heart 52
[by hating it and feeling that it is wrong] – and that is the weakest of faith.” Narrated by Muslim, 78. Based on this, it is obligatory for all Muslims in general, and on fathers and mothers with their children in particular. If the father or mother falls short in that regard, then it is obligatory on the son, whether he is young or old, to do that to the best of his ability, with good manners and wisdom. Allaah says (interpretation of the meaning): “So keep your duty to Allaah and fear Him as much as you can” [al-Taghaabun 64:16] And he also says (interpretation of the meaning): “Allaah burdens not a person beyond his scope” [al-Baqarah 2:286] You should pay attention to the best way of achieving the shar’i interests, and if the evil you are trying to ward off is greater than any evil that may result from your speaking up, then you should go ahead. You have to show them that you care about them and want what is best for them, so that this will make your advice more acceptable and they will do what you tell them, without doing that in a harsh or suppressive manner. We ask Allaah to help you and to set your affairs straight. Islam Q&A (www.islam-qa.com) 33757: Changing evil by one’s hand Question: Can evil be changed with one’s hand (by taking action)? Who should change evil with his hand?. 53
Answer: Praise be to Allaah. Allaah has described the believers as denouncing evil and as enjoining what is good. He says (interpretation of the meaning): “The believers, men and women, are Awliyaa’ (helpers, supporters, friends, protectors) of one another; they enjoin (on the people) AlMa‘roof (i.e. Islamic Monotheism and all that Islam orders one to do), and forbid (people) from AlMunkar (i.e. polytheism and disbelief of all kinds, and all that Islam has forbidden)” [al-Tawbah 9:71] “Let there arise out of you a group of people inviting to all that is good (Islam), enjoining Al-Ma‘roof (i.e. Islamic Monotheism and all that Islam orders one to do) and forbidding Al-Munkar (polytheism and disbelief and all that Islam has forbidden)” [Aal ‘Imraan 3:104] “You (true believers in Islamic Monotheism, and real followers of Prophet Muhammad and his Sunnah) are the best of peoples ever raised up for mankind; you enjoin Al-Ma‘roof (i.e. Islamic Monotheism and all that Islam has ordained) and forbid AlMunkar (polytheism, disbelief and all that Islam has forbidden)” [Aal ‘Imraan 3:110] There are many verses which speak of enjoining what is good and forbidding what is evil; that is because of the importance of this issue and the great need that exists for it. According to a saheeh hadeeth, the Prophet (peace and 54
blessings of Allaah be upon him) said: “Whoever among you sees an evil action, let him change it with his hand [by taking action]; if he cannot, then with his tongue [by speaking out]; and if he cannot, then with his heart [by at least hating it and believing that it is wrong], and that is the weakest of faith.” Narrated by Muslim in his Saheeh. Changing evil by one’s hand should be done by those who are able to do that, such as those in positions of authority and the bodies in charge of such matters in the areas over which they have been appointed, the ruler in the area over which he has been appointed, the judge in the area over which he has been appointed, and by a man in his own house with his children and the members of his household, as much as he can. But if he is not able to do that, or if changing it with his hand will lead to fitnah (tribulation) and conflict, and cause more harm than good, then he should not change it with his hand, rather he should change it with his tongue, by speaking out. That will be sufficient lest changing it with his hand will lead to a worse evil that that which he is seeking to change. This was stated by the scholars. In the case of changing evil with his tongue, it is sufficient for him to say, “O my brother, fear Allaah, this is not permitted, you should stop this, you should do such and such” and other good words spoken in a proper manner. After the tongue comes the heart, i.e., hating the evil in one’s heart, showing that one hates it, and not sitting with those who do it. All of these come under the heading of changing it with one’s heart. And Allaah is the Source of strength. From the fatwas of Shaykh ‘Abd al-‘Azeez ibn Baaz, Majallat al-Buhooth al-Islamiyyah, 36/121-122. (www.islam-qa.com) 55
33769: Wrongfully judging a person to be an apostate because he went out with a girl who was unveiled Question: What is the ruling on a person who says to someone, “You are an apostate from Islam” because he goes with a girl who is unveiled and wears makeup?. Answer: Praise be to Allaah. Firstly: It is not permissible for a Muslim to use the word kaafir lightly, because judging a Muslim who believes in Tawheed to be a kaafir is a major sin. Muslim (60) narrated from ‘Abd-Allaah ibn ‘Umar that the Messenger of Allaah (peace and blessings of Allaah be upon him) (peace and blessings of Alalah be upon him) said: “Any man who says to his brother, ‘O kaafir,’ if this description fits him, then he is a kaafir, otherwise it will come back on him (the one who said it).” Al-Bukhaari (6054) narrated from Abu Dharr (may Allaah be pleased with him) that he heard the Prophet (peace and blessings of Allaah be upon him) say: “No man accuses another of being immoral or of being a kaafir but it will come back on him if his companion is not like that.” Secondly: The one who wants to denounce an evil action or to exhort a sinner should do that in a kind and gentle manner, because this is more likely to make his words acceptable 56
and effective. It was narrated from ‘Aa’ishah, the wife of the Prophet (peace and blessings of Allaah be upon him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah is Kind and loves kindness, and He gives (reward) for kindness that He does not give for harshness and He does not give for anything else. Al-Nawawi said: This hadeeth points to the virtue of kindness and encourages us to adopt this attitude; and it condemns harshness. Kindness is the cause of all goodness. Al-Qaadi said: What this means is that goals may be achieved by means of kindness that cannot be achieved by anything else. With regard to uttering words such as kaafir (disbeliever), faasiq (immoral person), murtadd (apostate), etc, this may be a cause of the person being put off and persisting in his sin, and not accepting the truth. Al-Haafiz said in his commentary on the hadeeth of Abu Dharr mentioned above: This shows that if a person says to another, “You are a faasiq (immoral person)” or “You are a kaafir”, and that is not the case, then he is the one who deserves to be described in that manner. If the person is as described, it does not necessarily mean that the one who called him that is free of sin. If the intention is to advise him or someone else by referring to his situation, it is permissible, but if the intention is to expose and shame him, and and to hurt him, then it is not permissible, because we are commanded to conceal people’s faults and teach then and advise then in a manner that is better. As far as a person is able to achieve that in a kind manner, it is not permissible for him to do it in a harsh manner, because that may make 57
him stubborn and cause him to persist in that action, as is the nature of many people. Thirdly: Going with a girl who is unveiled and wears makeup is not kufr, rather it is a sin because it is one of the means that lead to immoral actions. But he should advise this person who has gone with a girl who is unveiled and wears makeup, so that Allaah may guide him thereby. Fataawa al-Lajnah al-Daa’imah, 17/66. (www.islam-qa.com) 36805: How should he deal with his sisters who do not wear full hijab? Question: I am a young man who was guided by Allaah – all praise be to Him – four months ago. I am surprised at all the bid’ahs that the people follow, hence I visit this site of yours all the time. I live in a family where all the people pray, praise be to Allaah. I have two sisters aged 14 and 16. They do not wear jilbaabs, rather they just cover their heads. When I try to convince them to wear jilbaab my mother stands in my way even though she wears jilbaab herself, and she tells me that when they grow up we will make them wear jilbaab. I adhere to the command in the Qur’aan to respect our parents, so I keep quiet. I want to ask: 1 – Should I keep quiet and wait till my sisters grow up? 2 – Should I go against my parents and make my sisters wear the jilbaab, especially since my parents are strongly opposed to this idea at present ? Please advise me, because I am confused. May Allaah reward you with all good. 58
Answer: Praise be to Allaah. We ask Allaah to continue to guide you and to increase your faith, and to make us and you steadfast in adhering to His religion. You should continue advising your sisters to wear the jilbaab, and advise your parents to make them adhere to the command of Allaah. But you should do that in a kind and gentle manner, and perhaps you can use some tapes and booklets that explain the ruling on the jilbaab, which is enjoined in the verse (interpretation of the meaning): “O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (veils) all over their bodies (i.e. screen themselves completely except the eyes or one eye to see the way). That will be better, that they should be known (as free respectable women) so as not to be annoyed. And Allaah is Ever OftForgiving, Most Merciful” [al-Ahzaab 33:59] Al-Qurtubi (may Allaah have mercy on him) said: It was the custom of the Arab women to be uncovered. They used to uncover their faces as slave woman do, which prompted men to look at them and provoked desires in them. So Allaah commanded His Messenger (peace and blessings of Allaah be upon him) to tell them put on their jilbaabs when they went out, if they wanted to go out to relieve themselves, because they used to go out into the desert before they began to use chamber pots. This was in order to distinguish between them and slave woman, so that free woman would be recognized by their covering, and no one would harass them. Before this verse was revealed, believing women would go out for their 59
needs and the evildoers would think that they were slave women, so they would harass them, and the free women would should at them. They complained about that to the Prophet (peace and blessings of Allaah be upon him), and this verse was revealed for that reason. This was said by al-Hasan and others. See also question no. 11774. What some people say, that a girl does not have to wear the hijab or jilbaab until after she is married or until she has completed her education etc has no basis, rather this shar’i ruling applies to every girl who has reached the age of adolescence, whether she is 12 years old or 18 or whatever. See question no. 20475. Fathers and mothers should note that they are responsible before Allaah for the affairs of their daughters that have been entrusted to them, as Allaah says (interpretation of the meaning): “O you who believe! Ward off yourselves and your families against a Fire (Hell) whose fuel is men and stones, over which are (appointed) angels stern (and) severe, who disobey not, (from executing) the Commands they receive from Allaah, but do that which they are commanded” [al-Tahreem 66:6] And as the Prophet (peace and blessings of Allaah be upon him) said: “Each of you is a shepherd and each of you is responsible for his flock. The ruler is a shepherd and is responsible for his flock; the man is the shepherd of his family members and is responsible for them...” Narrated by al-Bukhaari, 853; Muslim, 1829. And he (peace and blessings of Allaah be upon him) said: “Allaah will ask every person in a position of 60
responsibility about that which was entrusted to him, whether he took care of it or was negligent, until He will ask a man about the members of his household.” Narrated by Ibn Hibbaan, classed as saheeh by al-Albaani in Ghaayat al-Maraam, no. 271. And Allaah knows best. Islam Q&A (www.islam-qa.com) 36888: Warning against marrying one whose chastity is in doubt Question: I recently got a mail from one of my relatives.The mail was sent to me by mistake.In that she had written about her affair with a boy.She stated that she had crossed all her limits.Now the problem is that no one knows about it and i dont intend telling it to anyone but my grandmother had selected that girl for my brother.I can’t say these things to my parents and neither to my brother.My father listens to eveything that his mother says so it is very likely that he will agree to this match.If my grand mother comes to know about this girl also she isnt going to tell my parents anything about it as the girl is her sisters daughter.So what should i do? please advise.. Answer: Praise be to Allaah. You should note first of all that the letter which came to you by mistake may have been fabricated against this girl. Secondly, if you are sure that this letter is genuine, then one of the two following scenarios must apply: 61
1 – That this girl has started to change and reform, and she has ended her haraam relationships. In this case there is nothing wrong with your brother marrying her. You should cover up for her, because the Prophet (peace and blessings of Allaah be upon him) said: “The Muslim is the brother of his fellow Muslim; he does not wrong him or let him down. Whoever meets his brother’s needs, Allaah will meet his needs, and whoever relieves a Muslim of some worldly distress, Allaah will relieve him of some of the distress of the Day of Resurrection. Whoever covers a Muslim (conceals his sin), Allaah will cover him (conceal his sin) on the Day of Resurrection.” Narrated by al-Bukhaari (2310), Muslim (2580). See also question no. 4882, 26810. The Prophet (peace and blessings of Allaah be upon him) has told us that repenting from sin erases it. He (peace and blessings of Allaah be upon him) said: “The one who repents from sin is like one who did not sin.” Narrated by Ibn Maajah, classed as hasan by alAlbaani in Saheeh Ibn Maajah, 3427. See also questions no. 13990, 14289, 27176. 2 – If this woman’s religious commitment and character are not satisfactory, or there is no guarantee that she will not go back to haraam ways, then you should advise your brother not to marry her, because the Prophet (peace and blessings of Allaah be upon him) said: “Religion is sincerity (naseehah).” We said: “To whom?” He said: “To Allaah, to His Book, to His Messenger and to the leaders of the Muslims and their common folk.” Narrated by Muslim, 55, from the hadeeth of al-Tameem al-Daari (may Allaah be pleased with him). That should not be done by accusing her or exposing her, 62
rather it should be done by trying to divert your brother from marrying her, such as by sending him a letter or telling him directly that marrying this girl will do him no good. If that does not put him off marrying her, then you should tell him that you know something that means that he has to forget about marrying her, and other things that will make him give up the idea of marrying her, even if you are forced to tell him what happened with this letter, without slandering her. And Allaah knows best. Islam Q&A (www.islam-qa.com) 8674: Jamaa’at al-Tableegh – pros and cons Question: What is the ruling on the 40 days and 4 months to the different part of world to call muslim brothers towards duties of islam. Answer: Praise be to Allaah. “Jamaa’at al-Tableegh” is one of the groups that are working for Islam. Their efforts in calling people to Allaah (da’wah) cannot be denied. But like many other groups they make some mistakes, and some points should be noted concerning them. These points may be summed up as follows, noting that these mistakes may vary within this group, depending on the environment and society in which they find themselves. In societies in which knowledge and scholars are prevalent and the madhhab of Ahl al-Sunnah wa’l-Jamaa’ah is widespread, the 63
mistakes are much less; in other societies these mistakes may be greater. Some of their mistakes are: 1 – Not adopting the ‘aqeedah of Ahl al-Sunnah wa’lJamaa’ah. This is clearly seen from the variations in the ‘aqeedah of some of their members and even of some of their leaders. 2 – Their not paying attention to shar’i knowledge. 3 – Their misinterpretation of some Qur’aanic verses in a manner that was not intended by Allaah. For example they interpret the verses on jihad as referring to “going out for da’wah”. The verses which mentioned the word khurooj (going out) etc. are interpreted by them as meaning going out for da’wah. 4 – They make their system of going out for da’wah an act of worship. So they started to misquote the Qur’aan to support their system which specifies certain numbers of days and months. This system, which they think is based on evidence from Qur’aan, is widespread among them in all countries and environments. 5 – They do some things that go against sharee’ah, such as appointing one of them to make du’aa’ for them whilst the group goes out for da’wah, and they think that their success or failure depends on whether or not this man was sincere and his du’aa’ accepted. 6 – Da’eef (weak) and mawdoo’ (fabricated) ahaadeeth are widespread among them, and this is not befitting for those who aim to call people to Allaah. 7 – They do not speak of munkaraat (evil things), thinking that enjoining what is good is sufficient. Hence we find that they do not speak about evils that are widespread among the people, even though the slogan of this ummah – which they continually repeat – is: 64
“Let there arise out of you a group of people inviting to all that is good (Islam), enjoining Al-Ma‘roof (i.e. Islamic Monotheism and all that Islam orders one to do) and forbidding Al-Munkar (polytheism and disbelief and all that Islam has forbidden). And it is they who are the successful” [Aal ‘Imraan 3:104 – interpretation of the meaning] The successful are those who enjoin what is good and forbid what is evil, not just those who do only one of the two. 8 – Some of them fall into self-admiration and arrogance, which leads them to look down on others, and even to look down on the scholars and describe them as inactive and sleeping, or to show off. So you find them talking about how they went out and travelled, and they saw such and such, which leads to unfavourable results, as we have mentioned. 9 – They regard going out for da’wah as better than many acts of worship such as jihad and seeking knowledge, even though those things are obligatory duties, or may be obligatory for some people but not others. 10 – Some of them audaciously issue fatwas, and discuss tafseer and hadeeth. That is because they allow each one of them to address the people and explain to them. This leads to them speak audaciously on matters of sharee’ah. So the inevitably speak of the meaning of a ruling, hadeeth or verse when they have not read anything about it, or listened to any of the scholars. And some of them are new Muslims or have only recently come back to Islam. 11- Some of them are negligent with regard to the rights of their children and wives. We have discussed the seriousness of this matter in the answer to question no. 3043. 65
Hence the scholars do not allow people to go out with them, except for those who want to help them and correct the mistakes that they have fallen into. We should not keep the people away from them altogether, rather we must try to correct their mistakes and advise them so that their efforts will continue and they will be correct according to the Qur’aan and Sunnah. There follow the fatwas of some of the scholars concerning Jamaa’at al-Tableegh: 1 – Shaykh ‘Abd al-‘Azeez ibn Baaz said: Jamaa’at al-Tableegh do not have proper understanding of the issues of ‘aqeedah, so it is not permissible to go out with them, except for one who has knowledge and understanding of the correct ‘aqeedah of Ahl al-Sunnah wa’l-Jamaa’ah, so that he can guide them and advise them, and cooperate with them in doing good, because they are very active, but they need more knowledge and someone who can guide them of those who have knowledge of Tawheed and the Sunnah. May Allaah bless us all with proper understanding of Islam and make us steadfast in adhering to it. Majmoo’ Fataawa al-Shaykh Ibn Baaz, 8/ 331 2 – Shaykh Saalih al-Fawzaan said: Going out for the sake of Allaah does not refer to the kind of going out that they mean nowadays. Going out for the sake of Allaah means going out to fight. What they call going out nowadays is a bid’ah (innovation) that was not narrated from the salaf. Going out to call people to Allaah cannot be limited to a certain number of days, rather one should call people to Allaah according to one’s abilities, without limiting that to a group or to forty days or more or less than that. 66
Similarly the daa’iyah must have knowledge. It is not permissible for a person to call people to Allaah when he is ignorant. Allaah says (interpretation of the meaning): “Say (O Muhammad): This is my way; I invite unto Allaah (i.e. to the Oneness of Allaah — Islamic Monotheism) with sure knowledge” [Yoosuf 12:108] i.e., with knowledge, because the caller must know that to which he calls people, what is obligatory, mustahabb, haraam and makrooh. He has to know what shirk, sin, kufr, immorality and disobedience are; he has to know the degrees of denouncing evil and how to do it. The kind of going out that distracts people from seeking knowledge is wrong, because seeking knowledge is an obligation, and it can only be achieved by learning, not by inspiration. This is one of the misguided Sufi myths, because action without knowledge is misguidance, and hoping to acquire knowledge without learning is an illusion. From Thalaath Mihaadaraat fi’l-‘Ilm wa’l-Da’wah. And Allaah knows best. Islam Q&A (www.islam-qa.com) 27170: Is it permissible to offer money to a person on the condition that he does a good deed? Question: Is it permissible to offer money to a person on the condition that he does a good deed ? For example, can I say to a Muslim uncle, I will give you 500 Dirhams if you grow and keep a beard ?. 67
Answer: Praise be to Allaah. It seems that there is nothing wrong with doing that. Allaah has enjoined certain actions upon His slaves, and has promised a great reward in this world for doing them, so as to encourage people to do them. Allaah says (interpretation of the meaning): “And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty). And He will provide him from (sources) he never could imagine” [al-Talaaq 65:2-3] The Prophet (peace and blessings of Allaah be upon him) said: “Whoever would like his provision in this world to be increased and his life span to be extended, let him uphold the ties of kinship.” Narrated by al-Bukhaari, 5986; Muslim, 2557. As a way of encouraging righteous deeds, the Prophet (peace and blessings of Allaah be upon him) gave permission for the one who killed a kaafir on the battelefield to take his spoils. It was narrated that Abu Qutaadah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said, during the year of Hunayn: “Whoever kills an enemy and has proof of that will have his spoils.” Narrated by al-Bukhaari, 2973; Muslim, 1751. “Spoils” here refers to the money, luggage, clothing and weapons that a fighter has with him. And the scholars regarded it as permissible to offer prizes 68
for memorizing soorahs from the Qur’aan or ahaadeeth, or for winning a contest of knowledge. The scholars of the Standing Committee were asked: What is the ruling on receiving prizes for Qur’aan memorization contests? They replied: There is nothing wrong with that, and there is no difference between men and women in this regard. Fataawa al-Lajnah al-Daa’imah, 4/126 This has to do with giving and offering: it is permissible to offer and give money to one who lets his beard grow or does other things required by sharee’ah. But with regard to the one who takes that money: if he let his beard grow in order to take the prize, then he will not be rewarded for his action, but if the prize motivated him to fulfil the command of Allaah, or if he started because of the prize and then changed his intention after that and adhered to (following the ruling), then he will be rewarded for that in which his intention was sound, and it will not matter that at first he was doing it for the prize. It was narrated from Anas that a man asked the Prophet (peace and blessings of Allaah be upon him) for sheep between two mountains and he gave them to him, then he went to his people and said, “O my people, become Muslims, for by Allaah Muhammad gives generously and he does not fear poverty.” Anas said: People would become Muslim only for worldly gains, but as soon as they became Muslim Islam became dearer to them than this world and everything in it. Narrated by Muslim, 2312. 69
Al-Nawawi said: This is how it appears in most copies: “fa ma yuslim (as soon as [they] became Muslim).” In some copies it says “fa ma yumsi (before the day ended).” Both are correct. The first means that shortly after they became Muslim, Islam became dearer to them, i.e., at first they professed Islam for worldly purposes, with no sound intention in their hearts, then by the blessing of the Prophet (peace and blessings of Allaah be upon him) and the light of Islam, their hearts were soon opened to true faith which took root in their hearts, and then Islam became dearer to them than this world and everything in it. Sharh Muslim, 15/72, 73. And Allaah knows best. Islam Q&A (www.islam-qa.com) 27105: What is the ruling on living with a kaafir mother? Question: What is the ruling on living with kafir mother and wanting to move your wife into the home with her?. Answer: Praise be to Allaah. There is no reason why a son should not live with his kaafir mother, or her with him. That may be a means of her being guided to Islam, if the son treats her well and gives a good impression of Islam; keeping away from her may be a cause of her coming to Islam being delayed. The Muslim is enjoined to treat his parents well and honour them even if they are kuffaar. It is not permissible 70
for a Muslim to disobey them or treat them badly in word and deed. But that does not mean that he should obey her in matters that are sinful or show approval of the kufr that she believes in. (a) Allaah says (interpretation of the meaning): “And We have enjoined on man to be good and dutiful to his parents; but if they strive to make you join with Me (in worship) anything (as a partner) of which you have no knowledge, then obey them not. Unto Me is your return and I shall tell you what you used to do” [al-‘Ankaboot 29:8] (b) And Allaah says (interpretation of the meaning): “But if they (both) strive with you to make you join in worship with Me others that of which you have no knowledge, then obey them not; but behave with them in the world kindly, and follow the path of him who turns to Me in repentance and in obedience. Then to Me will be your return, and I shall tell you what you used to do” [Luqmaan 31:15] (c) It was narrated that Asma’ bint Abi Bakr (may Allaah be pleased with her) said: My mother came to me at the time of the Messenger of Allaah (peace and blessings of Allaah be upon him), and she was a mushrik. I asked the Messenger of Allaah (peace and blessings of Allaah be upon him) about that, saying, “My mother has come to me and she wants to visit me; should I uphold the ties of kinship with her?” He said, “Yes, uphold the ties of kinship with your mother.” (Narrated by al-Bukhaari, 2477; Muslim, 1003) (d) It was narrated from Sa’d ibn Abi Waqqaas that a verse of Qur’aan was revealed concerning him. He said: Umm 71
Sa’d swore that she should never speak to him until he gave up his religion, and she would never eat or drink. She said, “You claim that Allaah commands you to honour your parents, and I am your mother, and I am telling you to do this.” He said, She stayed like that for three days, until exhaustion overtook her, then one of her sons, whose name was ‘Amaarah, got up and gave her some water, and she started to pray against Sa’d. Then Allaah revealed Qur’aan (interpretation of the meaning): “And We have enjoined on man to be good and dutiful to his parents; but if they strive to make you join with Me (in worship) anything (as a partner…” [al-‘Ankaboot 29:8] And He said (interpretation of the meaning): “…but behave with them in the world kindly…” [Luqmaan 31:15] Narrated by Muslim, 1748. (e) There follows a fatwa from Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) regarding the issue of obeying parents with regard to shaving the beard: Question: Regarding obeying your father with regard to shaving the beard. The Shaykh replied: It is not permissible for you to obey your father in shaving the beard, rather you must let it grow, because the Prophet (peace and blessings of Allaah be upon him) said: “Trim the moustache and let the beard grow; be different from the mushrikeen.” And he (peace and blessings of Allaah be upon him) said: “Obedience is only with regard to that which is good and proper.” 72
Letting the beard grow is obligatory, not just Sunnah, according to fiqhi terminology, because the Messenger of Allaah (peace and blessings of Allaah be upon him) commanded that, and the basic principle is that a command is obligatory. Majmoo’ Fataawa al-Shaykh Ibn Baaz, 8/377-378 See also the answer to question no. 5053 and 6401. And Allaah knows best. Islam Q&A (www.islam-qa.com) 38701: Enjoining what is good and forbidding what is evil, and the verse, “Take care of your ownselves” Question: How can we refute, with strong and definitive evidence, those who quote the verse (interpretation of the meaning): “O you who believe! Take care of your ownselves” when they are enjoined to do that which is good and told not to do that which is evil?. Answer: Praise be to Allaah. This verse from Soorat al-Maa’idah is one that is misunderstood by some people. They think that it means that it is not obligatory to enjoin what is good and forbid what is evil, and they sometimes quote it to those who are enjoining them to do something good or telling them not to do something evil. In his commentary on the verse (interpretation of the meaning): 73
“O you who believe! Take care of your ownselves. If you follow the (right) guidance [and enjoin what is right (Islamic Monotheism and all that Islam orders one to do) and forbid what is wrong (polytheism, disbelief and all that Islam has forbidden)] no hurt can come to you from those who are in error” [al-Maa’idah 5:105] The scholar Muhammad al-Ameen al-Shanqeeti said: The ignorant person may imagine, from the apparent meaning of this verse, that it is not obligatory to enjoin what is good and forbid what is evil, but the same aayah also indicates that if a person does his best (to enjoin what is good and forbid what is evil), and there is no response, then this is what this verse refers to. That is where Allaah says “If you follow the (right) guidance”, because whoever does not enjoin what is good is not following right guidance. Those who said this include Hudhayfah and Sa’eed ibn al-Musayyib, as quoted by al-Aloosi in his Tafseer; Ibn Jareer, as quoted by al-Qurtubi from Sa’eed ibn al-Musayyib; and Abu ‘Ubayd al-Qaasim ibn Salaam. Ibn Jareer also quoted something similar from a group of the Sahaabah including Ibn ‘Umar and Ibn Mas’ood. Some of the scholars said that “If you follow the (right) guidance” means if you tell them but they do not listen; and some of them said that enjoining what is good is included in the meaning of guidance in this verse. This is very clear to any fair-minded person. Further evidence that the one who does not enjoin what is good is not following true guidance is the fact that Allaah swears that such a person is lost, as He says (interpretation of the meaning): “By Al‘Asr (the time). Verily, man is in loss, 74
Except those who believe (in Islamic Monotheism) and do righteous good deeds, and recommend one another to the truth [i.e. order one another to perform all kinds of good deeds (AlMa‘roof) which Allaah has ordained, and abstain from all kinds of sins and evil deeds (AlMunkar) which Allaah has forbidden], and recommend one another to patience (for the sufferings, harms, and injuries which one may encounter in Allaah’s Cause during preaching His religion of Islamic Monotheism or Jihad)” [al-‘Asr 103:1-3] The truth of the matter is that it is obligatory to enjoin what is good and forbid what is evil, and once he has done his duty, the one who enjoins good cannot be harmed by the misguidance of those who have gone astray. This is indicated by several verses such as (interpretation of the meaning): “And fear the Fitnah (affliction and trial) which affects not in particular (only) those of you who do wrong” [al-Anfaal 8:25] and the ahaadeeth which indicate that if people do not enjoin what is good and forbid what is evil, then Allaah will include them in His punishment. For example: It was narrated that Abu Bakr al-Siddeeq (may Allaah be pleased with him) said: “O people, you recite this verse (interpretation of the meaning): “O you who believe! Take care of your ownselves. If you follow the (right) guidance [and enjoin what is right (Islamic Monotheism and all that Islam orders one to do) and forbid what is wrong (polytheism, disbelief and all that Islam has forbidden)] no hurt can come to you from those who are in error” [al-Maa’idah 5:105]
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But I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say, ‘If the people see an evildoer and do not take him by the hand [to put a stop to his evil], soon Allaah will punish all of them.” Narrated by Abu Dawood, 4338; al-Tirmidhi, 2168; and al-Nasaa’i – with a saheeh isnaad. Also classed as saheeh by al-Albaani in Saheeh al-Tirmidhi, no. 2448. From Adwa’ al-Bayaan, 2/169. And Allaah knows best. Islam Q&A (www.islam-qa.com) 9411: Helping someone to buy alcohol and other haraam things Question:
What is the ruling on a Muslim who knowingly assists another “Muslim” by lending him money to buy alcohol or provides the means of transportation to buy cigarretes ,etc.?. Answer: Praise be to Allaah. It is not permissible to help a kaafir or a Muslim to buy alcohol or to do any other evil or sinful thing. The one who does that is a loser and a sinner. Allaah forbade that in the Qur’aan, when He said (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, 76
righteousness and piety); but do not help one another in sin and transgression” [al-Maa’idah 5:2] The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed ten types of people with regard to alcohol. It was narrated that Anas ibn Maalik said: The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed ten types of people with regard to alcohol: the one who presses (the grapes, etc), the one for whom that is done, the one who drinks it, the one who carries it, the one to whom it is carried, the one who offers itut, the one who sells it, the one who consumes its price, the one who buys it and the one for whom it is bought. Narrated by al-Tirmidhi, 1259; Ibn Maajah, 3381. This hadeeth was classed as saheeh by Shaykh al-Albaani in Saheeh al-Tirmidhi, no. 1041 So whoever drinks alcohol or helps someone else to do so deserves the curse narrated in this hadeeth. So it is not permissible for you to help anyone to drink alcohol or to commit any other haraam action. And Allaah knows best.Islam Q&A (www.islam-qa.com) 12828: Husband’s responsibility for his wife’s shortcomings in prayer Question: If the wife do not pray regularly or do not fast or violate other obligatory act, will the husband be responsible for this on the day of judgement, will he be punished for that and what is his responsibility under above situation in this world?
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Answer: Praise be to Allaah. Allaah says (interpretation of the meaning): “Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other, and because they spend (to support them) from their means” [al-Nisa’ 4:34] This aayah states that the man is the guardian of the woman and is in charge of her. According to a saheeh hadeeth, the Prophet (peace and blessings of Allaah be upon him) said: “The man is the shepherd of the members of his household and is responsible for his flock. Each of you is a shepherd and is responsible for his flock. So the man is a shepherd and is responsible for his flock.” The most important duty of the “shepherd” is to guide his “flock” to obey the commands of Allaah by doing that which Allaah has enjoined and abstaining from that which He has forbidden. In this way he will be fulfilling his duty of enjoining what is good and forbidding what is evil. So the husband has to tell his wife to do that which Allaah has enjoined upon her and he must forbid her to do that which Allaah has prohibited. The greatest duties that the Muslim must fulfil are the five daily prayers and fasting Ramadaan. These are two of the pillars of Islam. The husband must tell his wife to do these things and to observe these two pillars regularly. It is not permissible for him to be careless in this matter. The same applies to all other obligatory duties. He must also forbid her to do that which Allaah has forbidden, whether it is words or deeds. If he sees that she is responding and obeying, then that is what is required. But if she persists in disobeying then the Muslim man should not stay with her, rather he 78
has to divorce her. How can a Muslim be pleased with a wife who does not pray or who misses some of the prayers, or does not fast in Ramadaan? This is something that is not befitting for a Muslim. Allaah says (interpretation of the meaning): “The believers, men and women, are Awliyaa’ (helpers, supporters, friends, protectors) of one another; they enjoin (on the people) AlMa‘roof (i.e. Islamic Monotheism and all that Islam orders one to do), and forbid (people) from AlMunkar (i.e. polytheism and disbelief of all kinds, and all that Islam has forbidden); they perform As-Salaah (Iqaamat-as-Salaah), and give the Zakaah, and obey Allaah and His Messenger. Allaah will have His Mercy on them. Surely, Allaah is All-Mighty, All-Wise”[al-Tawbah 9:71] Whoever does his duty of enjoining what is good and forbidding what is evil has freed himself from blame and is safe from the punishment of Allaah. But whoever is careless and negligent is exposing himself to the threat which Allaah has issued to those who neglect this duty. Allaah says (interpretation of the meaning): “Those among the Children of Israel who disbelieved were cursed by the tongue of Dawood (David) and ‘Eesa (Jesus), son of Maryam (Mary). That was because they disobeyed (Allaah and the Messengers) and were ever transgressing beyond bounds. They used not to forbid one another from Al-Munkar (wrong, evildoing, sins, polytheism, disbelief) which they committed. Vile indeed was what they used to do” [al-Maa’idah 5:78-79] “O you who believe! Take care of your ownselves. If you follow the (right) guidance [and enjoin what is right (Islamic Monotheism and all that Islam orders one to do) 79
and forbid what is wrong (polytheism, disbelief and all that Islam has forbidden)] no hurt can come to you from those who are in error”[al-Maa’idah 5:105] The mufassiroon said that “If you follow the (right) guidance” means, if you fulfil your duty of enjoining what is good and forbidding what is evil. Shaykh ‘Abd al-Rahmaan al-Barraak. (www.islamqa.com) 22147: Is it necessary in order to denounce evil that it be removed completely, or is it sufficient to reduce it Question: If I want to denounce some evil, but we cannot remove it completely but we are able to reduce it, should we get involved for that purpose? Or should we say that we have to either remove it completely or not do anything at all? Answer: Praise be to Allaah. The correct view is that we have to remove evil as much as we can. Our efforts should be aimed primarily at removing it completely. If we are not able to do that, but we can reduce it or reduce some of its effects, then the basic principles of sharee’ah dictate that we should do that, especially since we are living at a time when he evildoershave the upper hand and those who seek to enjoin what is good and forbid what is evil and to call people to Allaah are unable to achieve all that they want to do. We can at least reduce the effects of evil; if there is something that is difficult to remove, this is no excuse for not doing 80
what we can. We should not give up altogether on something of which we can only do a part. Allaah does not burden any soul beyond its scope, but we have to be certain about the basic principle in this matter, which is that the daa’iyah (caller) who wants to enjoin what is good and forbid what is evil should not be content with a partial solution or accept a reduction of the evil when it is possible to eradicate it completely. Often those who enjoin what is good and forbid what is evil are content to reduce the evil without striving to remove it… Like the one who tells a woman who is showing a lot of her charms to non-mahram men to cover all of that apart from the hands and face, even though he is able to tell her to observe complete hijaab. And like the one who passes by someone who is playing singing and music loud, and he tells him to turn down the sound of that evil. And like the one who is asked to teach women or girls, and he sets down the condition that they should wear hijaab and not speak in soft voices, even though he is able to demand that a screen be placed between him and them so that they can hear his voice without him seeing them. Among the evidence concerning this matter that is mentioned in the Qur’aan is what Moosa (peace be upon him) did with the calf which the Children of Israel worshipped and were devoted to. He said: “We will certainly burn it, and scatter its particles in the sea” [Ta-Ha 20:97 – interpretation of the meaning] The Sunnah is what the Prophet (peace and blessings of Allaah be upon him) did with the masjid al-diraar (a 81
mosque built by way of harming and diselief, cf. alTawbah 9:107), which had been built by the hypocrites. He ordered that it should be burned after being detsroyed. Al-Bukhaari and others narrated from the hadeeth of Ibn Mas’ood (may Allaah be pleased with him) that he said, “The Prophet (peace and blessings of Allaah be upon him) entered Makkah on the day of the Conquest, and there were three hundred and sixty idols around the Ka’bah. He started hitting them with a stick that he had in his hand, saying, ‘Truth has come and falsehood has vanished. Truth has come and faslehood can neither create nor resurrect anything.” (Narrated by al-Bukhaari). Another example was narrated by al-Bukhaari in his Saheeh, in the hadeeth of Jareer ibn ‘Abd-Allaah al-Bajali (may Allaah be pleased with him) who said, “The Messenger of Allaah (peace and blessings of Allaah be upon him) said to me, ‘Won’t you relieve me from DhulKhalasah?’ I replied, ‘Yes, (I will relieve you).’ So I went along with one hundred and fifty cavalry from the tribe of Ahmas who were skillful in riding horses. I used not to sit firmly on a horse, so I informed the Prophet (peace and blessings of Allaah be upon him) of that, and he hit my chest with his hand till I saw the marks of his hand on my chest and he said, ‘O Allah! Make him firm and one who guides others and is guided (on the right path).’ Since then I have never fallen from a horse. Dhul-l-Khalasah was a house in Yemen belonging to the tribe of Jath’am and Bajeelah, and in it there were idols which were worshipped, and it was called al-ka’bah.” Jareer went there, burnt it with fire and destroyed it. When Jareer came to Yemen, there was a man who used to tell fortunes and give good omens by casting arrows of divination. Someone said to him, “The messenger of the Messenger of Allaah (peace and blessings of Allaah be upon him) is here, is present here and if he should get 82
hold of you, he will chop off your head.” One day while the man was using them (i.e. arrows of divination), Jareer stopped there and said to him, “Break them (i.e. the arrows) and testify that None has the right to be worshipped except Allaah, or else I will chop off your head.” So the man broke those arrows and testified that none has the right to be worshipped except Allah. Then Jareer sent a man called Abu Artaa’ah from the tribe of Ahmas to the Prophet (peace and blessings of Allaah be upon him) to convey the good news (that Dhul-Khalasah had been destroyed). So when the messenger reached the Prophet (peace and blessings of Allaah be upon him), he said, “O Messenger of Allaah! By Him Who sent you with the Truth, I did not come until I left it like a scabby camel.” Then the Prophet (peace and blessings of Allaah be upon him) said, “May Allaah bless the horses of Ahmas and their men,” five times. The relevant points in this hadeeth are two: what he did to Dhul-Khalasah, and how he dealt with the one who used arrows for fortune-telling etc. And it says in al-Fath: “This hadeeth indicates that it is prescribed in Islam to remove things by which people may be tempted, be they buildings or other things, even if it is a person, an animal or an inanimate object.” (8/73) Another example is when Khaalid ibn al-Waleed (may Allaah be pleased with him) was sent to al-‘Uzza and he cut down the three gum-acacia trees and destroyed the house. When he told him what he had done, the Prophet (peace and blessings of Allaah be upon him) told him that he had not done anything. He told him to go back and find that naked woman with dishevelled hair who was pouring dust on her head, and so he went back and killed her with a sword… When he came back to the Prophet (peace and blessings of Allaah be upon him) and told him, the Messenger of Allaah (peace and blessings 83
of Allaah be upon him) said, “That was al-‘Uzza” (Zaad al-Ma’aad, 3/414). It was narrated from one of the salaf that he passed by two boys who were playing in a hole in which there were pebbles with which they were playing. He blocked it up and forbade them to go there. Tafseer al-Qurtubi, 8/340 But if the one who is enjoing good and forbidding evil is unable to remove the evil completely, then he should strive to reduce it as much as possible. Ibn al-Qayyim (may Allaah have mercy on him) said, when mentioning some of the lessons learned from the battle of Tabook, “We also learn that places of sin in which Allaah and His Messenger are disobeyed are to be burned and destroyed, as the Messenger of Allaah (peace and blessings of Allaah be upon him) burned the masjid aldiraar (a mosque built by way of harming and diselief, cf. al-Tawbah 9:107) and commanded that it should be destroyed. This was a mosque in which prayers were offered and the name of Allaah was mentioned, but it had been built to cause harm and divide the believers, and as a refuge for the hypocrites. In the case of places of this type, the ruler has to put a stop to it, either by destroying it and burning it, or by changing its appearance and using it for a different purpose. If this was the case concerning a mosque built for harming and disbelief, then places of shirk whose cutodians promote taking those inside them as rivals to Allaah are even more deserving of being destroyed. The same applies to places of sin and immorality, such as bars and places of evil. ‘Umar ibn alKhattaab burned an entire village in which wine was sold, and he burned the shop of Ruwayshid al-Thaqafi and called him Fuwaysiq. [Ruwayshid comes from a word meaning “guided” and Fuwaysiq comes from a word meaning “immoral.” – Translator]. And he burned the fortress of Sa’d in which he was hiding away from people. 84
The Messenger of Allaah (peace and blessings of Allaah be upon him) wanted to burn down the houses of those who did not attend prayers in congregation or Jumu’ah prayers; the only thing that kept him from doing that was the woman and children who were not obliged to attend these prayers, as he told us. (Zaad al-Ma’aad, 3/571-572) Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 12929: Drums on special occasions are an evil Question: What is the ruling on responding to an invitation (to parties where there will be) some evils such as race horses and drums, knowing that the one who is issuing the invitation is a relative, but the occasion involves these evils? Answer: Praise be to Allaah. It is not permissible to accept such invitation whens these evils will be practiced openly. The same applies if alcohol will be drunk openly or cigarettes will be smoked, or promiscuous movies will be shown, or there will be free mixing between men and women, or there will be wantons displays of beauty (tabarruj) and no hijaab. But if you are able to remove or reduce the evil, or if you attend they will respect you and will not do these evil things, then you should attend for that purpose. Otherwise, do not go there, even if they are your relatives, except on the condition that you can remove the evil. 85
Shaykh ‘Abd-Allaah ibn ‘Abd al-Rahmaan al-Jibreen form Al-Hisbah magazine, issue no. 39, p. 14 (www.islam-qa.com) 13817: What is the meaning of hisbah and rijaal al-hisbah? Question: We sometimes hear and read about hisbah (guarding against infringements) and rijaal al-hisbah (men who guard against infringements). Who are these men and what is their job? Answer: Praise be to Allaah. Rijaal al-hisbah (men who guard against infringements) are people who devote their time to denouncing visible evil whether they do that voluntarily or they are paid for it from the Bayt al-Maal (treasury) of the Muslims. Part of their job of hisbah is to denounce evil actions in marketplaces and elsewhere such as: 1- Free mixing of the sexes and wanton display of beauty (tabarruj) which are forbidden according to sharee’ah. 2- Imitation of either of the sexes by the other. 3- Men making approaches to women either verbally or by their actions. 4- Profane, obscene or indecent speech. 5- Playing radios, TVs or recorders etc. near mosques or in such a way as to disturb the worshippers. 86
6- Non-Muslims openly manifesting their beliefs or the symbols of their religion, or showing disrespect towards the symbols and rulings of Islam. 7- Displaying or selling pictures, books or video or audio recordings which go against Islamic etiquette or Islamic beliefs. 8- Displaying 3-D or promiscuous images, or the symbols of non-Islamic religions such as the cross, the star of David, images of the Buddha, and the like. 9- Manufacturing or promoting or trading in intoxicants. 10- Means that lead to immoral actions such as adultery, homosexuality and gambling, or running houses and places where evil and immoral actions may be committed. 11- Manifest bid’ah (innovation), such as venerating certain times and places for which there is no sanction in sharee’ah, or celebrating innovated, un-Islamic festivals and occasions. 12- Practising witchcraft, magic and trickery in order to consume people’s wealth unlawfully. 13- Cheating in weights and measures. Their work also involves the following: 1- Inspection of slaughterhouses to ensure that slaughter of animals is done in the manner prescribed in sharee’ah 2- Inspection of boutiques and tailor shops catering to women. The presence of the police does not mean that there is no need for these rijaal al-hisbah, because the police force that exists in some countries does not denounce all evil actions and put an end to them. Rather they seek to enforce 87
laws which at best include both truth and falsehood, whilst the rijaal al-hisbah enjoin everything that Allaah and His Messenger (peace and blessings of Allaah be upon him) have enjoined and compel people to adhere to the obligatory duties, and they forbid everything that Allaah and His Messenger (peace and blessings of Allaah be upon him) have forbidden, and they intervene to prevent forbidden actions. Al-Hisbah magazine, issue no. 39 (www.islam-qa.com) 12812: Can denouncing evil only be done with the permission of the ruler? Question: Is it a condition for changing evil with one’s hand that one has the permission of the ruler? Answer: Praise be to Allaah. Denouncing or changing evil comes in stages, as stated in the hadeeth in which the Messenger (peace and blessings of Allaah be upon him) said: “Whoever among you sees an evil action, let him change it with his hand [by taking action]; if he cannot, then with his tongue [by speaking out]; and if he cannot, then with his heart [by hating it and feeling that it is wrong]…” This is general and applies both to the one who is seeking to remove the evil and the one who is being denounced; it does not apply to one and not to the other. But it is essential to pay attention to circumstances: if seeking to remove an evil will lead to an even greater evil, then it is not permissible under any circumstances to denounce the one who is doing 88
it, whether he is a ruler or a subject. But if it is known that the evil will be reduced and good will result from that if it is denounced, then it must be done regardless of whether the one who is being denounced is a ruler or otherwise, because this is what is implied by the hadeeth of the Messenger (peace and blessings of Allaah be upon him). But it is not permissible to limit the meaning of the words of Allaah or the words of His Messenger (peace and blessings of Allaah be upon him) without any sound evidence for doing so. Shaykh ‘Abd-Allaah al-Ghunaymaan (www.islamqa.com) 9911: Is it permissible to rebel against the ruler? Question: There are people who think that because some of the rulers commit acts of kufr and sin, we are obliged to rebel against them and attempt to change things even if that results in harming the Muslims in that country, at a time when there are many problems in the Muslim world. What is your opinion? Answer: Praise be to Allaah. The basic comprehensive principle of sharee’ah is that it is not permitted to remove an evil by means of a greater evil; evil must be warded off by that which will remove it or reduce it. Warding off evil by means of a greater evil is not permitted according to the scholarly consensus (ijmaa’) of the Muslims. If this group which wants to get rid of this ruler who is openly committing kufr is able to 89
do so, and can bring in a good and righteous leader without that leading to greater trouble for the Muslims or a greater evil than the evil of this ruler, then that is OK. But if rebellion would result in greater trouble and lead to chaos, oppression and the assassination of people who do not deserve to be assassinated, and other forms of major evil, then that is not permitted. Rather it is essential to be patient and to hear and obey in matters of good, and to offer sincere advice to the authorities, and to pray that they may be guided to good, and to strive to reduce evil and increase good. This is the correct way which should be followed, because that is in the general interests of the Muslims, and because it will reduce evil and increase good, and because this will keep the peace and protect the Muslims from a greater evil. Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li Samaahat al-Shaykh al-‘Allaamah ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 8, p. 202 (www.islam-qa.com) 10957: Attending wedding parties in which there are objectionable things (munkaraat) Question: Is it permissible for a woman to attend a wedding party if there will be some things which go against sharee’ah, such as playing music and dancing to it, or revealing clothes. Will her guardian such as her husband or father be guilty of sin if he gives her permission to attend this party? What is the ruling if the invitation comes from a relative and if she does not accept it there is the fear of a breakdown in family ties? Please advise us, may Allaah reward you with good. 90
Answer: Praise be to Allaah. If the parties are as described in the question, it is not permissible for anyone to accept the invitation, unless he or she is able to remove the evil things (munkar). In that case it is obligatory to accept the invitation for the purpose of removing the evil. But if he is not able to do that, then it is not permissible to attend these celebrations which include all or some of these things which go against sharee’ah. And it is not permissible for anyone to allow his wife or daughter or other female relative under his guardianship to attend these parties. If he says, I am afraid that there will be a rift between me and my relatives or that the ties of kinship will be broken, we say, then let that happen, because when they disobeyed Allaah by having parties of this kind, there is no duty to accept their invitation. If they then break the ties, the sin is on them and there is no sin at all on the one who refused to attend these celebrations. From Fataawa Fadeelat al-Shaykh Ibn ‘Uthaymeen for al-Daw’ah magazine, issue # 1757, p. 37 (www.islamqa.com) 8568: Can we sit with those who do not pray? Question: Can we sit with those who do not pray? Answer: Praise be to Allaah. It is permissible to sit with them in order to advise them 91
and tell them to perform the obligatory prayers in jamaa’ah (congregation), not to relax with them and enjoy chatting to them. Otherwise it is haraam to sit with them. From Fataawaa al-Lajnah al-Daa’imah, 12/371 (www.islam-qa.com) 9291: Ruling on being friendly towards someone who is drinking alcohol, and pouring his drink for him Question: We have no choice but to attend parties held in the work place (a school laboratory), where people drink beer and other alcoholic beverages. But praise be to Allaah, we do not go anywhere near those drinks. However, they have a custom whereby a person has to be nice to the person next to him and pour drink into his cup (beer or whatever he is drinking), and that person returns the favour. So they pour juice into my cup for me. What is the ruling on my pouring beer into the other person’s cup? Will i be considered as one who offers (alcohol)? Answer: Praise be to Allaah. If the situation is as described, it is haraam for you to attend these parties and other gatherings with them, if you are not able to change the evil action, because then you are helping them to commit sin, or at least you are keeping quiet about it. Both of them are haraam. We ask Allaah to keep us and you safe. Fataawa al-Lajnah al-Daa’imah, 12/359-360 (www.islamqa.com) 92
8901: Going to public places in which there are evil things [munkaraat] Question: Is it permissible for me to go on leisure outings with my husband and children to places like parks, museums and exhibitions, without mixing or missing the prayers, knowing that by necessity I will uncover my face in these places. Is it permissible for us to accompany our children to beaches to swim, in spite of the immorality in these places and the prevalence of nakedness and permissiveness there? How should we respond to those who say that we are forbidden to enjoy that which Allaah has created, and that a person cannot lower their gaze to avoid seeing things that are forbidden by Allaah, because they are so widespread in these places? Answer: Praise be to Allaah. It is not permissible to go to places in which munkaraat (evil things) are widespread. There is sufficient enjoyment in the things which Allaah has permitted for us, and we have no need of that which He has forbidden to us. From Fataawaa al-Lajnah al-Daa’imah, 12/361 (www.islam-qa.com) 4097: Story of a man who used to sit with drinkers; and who was Abu Thawr? Question: I was told that there was once a brother (I dont know if he 93
was one of the companions or at which point in history he lived in) who used to sit with people who drank alcohol solely for the purpose of making sure that on their way home they did not injure themselves. Have you heard of such a thing? Also waht can you tell me about Abu Thaur? I have seen his name dmentioned in the Fiqh-us-sunnah and I would like to know a little bit more about him. Answer: Praise be to Allaah. What you have mentioned is a strange story, which we have never heard of. But what we know and are certain of is that sitting with people who are drinking alcohol is haraam, because Allaah has forbidden the Muslims to sit in gatherings where evil things are happening. Allaah says (interpretation of the meaning): “And when you (Muhammad) see those who engage in a false conversation about Our Verses (of the Qur’aan) by mocking at them, stay away from them till they turn to another topic. And if Shaytaan (Satan) causes you to forget, then after the remembrance sit not you in the company of those people who are the Zaalimoon (polytheists and wrongdoers). [al-An’aam 6:68] “And it has already been revealed to you in the Book (this Qur’aan) that when you hear the Verses of Allaah being denied and mocked at, then sit not with them, until they engage in a talk other than that; (but if you stayed with them) certainly in that case you would be like them. Surely, Allaah will collect the hypocrites and disbelievers all together in Hell.” [al-Nisaa’ 4:140] Some people who had been drinking wine were brought 94
to ‘Umar ibn ‘Abd al-‘Azeez (may Allaah have mercy on him) and he commanded that they should be flogged. One of them offered the excuse that he had not actually been drinking, but ‘Umar commanded that he should be flogged along with the others, and he recited this aayah to him. And Allaah knows best. Concerning Abu Thawr, this is a brief glance at his biography: His name was Ibraaheem ibn Khaalid. His kunyas (agnomen, nicknames) were Abu ‘Abd-Allaah and Abu Thawr, and he is best known by the latter. He was born in Haroor in 170 AH. He was one of the fuqahaa’ of Iraq, and one of the scholars of hadeeth. Imaam Ahmad praised him by saying, “I know that this man has been following the Sunnah – i.e., the correct belief – for fifty years.” He lived for seventy years or more, and died in 240 AH. See his biography in Siyar A’laam al-Nubalaa’, 12/72. (www.islam-qa.com) 10223: Sitting with a Muslim who takes drugs Question: Is it permissible for a Muslim to eat with a Muslim who takes pills and drugs, or is it not permissible to eat with him, especially if he is one’s neighbour? Is it permissible to speak to him or not? What should we do in this situation? Answer: Praise be to Allaah. 95
If you are able to denounce their evil action and you hope that they will respond, then sit with them in order to advise them and tell them not to do that evil action, and enjoin what is good, in the hope that Allaah will bring about good through you. If they respond, then praise be to Allaah, otherwise withdraw from them. From Fataawaa al-Lajnah al-Daa’imah, 12/362 (www.islam-qa.com) 1812: Ruling on sitting with smokers when they are smoking Question: It is no secret that the forbidden habit of smoking is widespread, in the workplace, in the home and in public areas. The question is, is it permissible to sit with smokers? If a person is sitting with a smoker in his home or in a public gathering, should he leave him and go out? Answer: Praise be to Allaah. As the brother has mentioned, smoking is haraam because of the general evidence that indicates that it is haraam. There is no specific text from the Messenger SAWS (peace and blessings of Allaah be upon him), because smoking only emerged recently, but the principles of sharee’ah are general in application, and some indications in some reports indicate that it is haraam. If a smoker sits next to you and wants to smoke, then advise him gently and kindly. Tell him, “My brother, this is haraam, and it is not permissible for you.” 96
I think that if you advise him kindly and gently, he will refrain from smoking, as we and others have found out by experience. If he does not refrain from smoking, then you have to leave him, because Allaah says (interpretation of the meaning): “And it has already been revealed to you in the Book (this Qur’aan) that when you hear the Verses of Allaah being denied and mocked at, then sit not with them, until they engage in a talk other than that; (but if you stayed with them) certainly in that case you would be like them…” [al-Nisa’ 4:140] But this is when it is in a public place. If it is in the workplace and you advise him but he does not refrain, then there is no sin on you, because this is the matter of necessity and you could not get away from him. Liqa’ al-Baab al-Maftooh by Ibn ‘Uthaymeen, 54/101. (www.islam-qa.com) 2601: Destroying a place of evil without anyone knowing Question: They are building a nightclub in my community and we have tried to no avail to stop this. This will bring great immorality and corruption to our community, both to Muslims and non-Muslims. According to the shari’ah, is it allowed to destroy this place if no one is caught and the owner will lose all the money he invested in it. Is this an acceptable form of reducing evil as commanded in the Quran? Answer: Praise be to Allaah. 97
We put this question to our shaykh, Shaykh ‘Abd alRahmaan al-Barraak, who answered as follows: Allaah says (interpretation of the meaning): “Let there arise out of you a group inviting to all that is good, enjoining al-Ma’ruf (Islamic monotheism and all that Islam orders one to do), and forbidding al-munkar (polytheism and all that Islam has forbidden)…” [Aal ‘Imraan 3:104]. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever of you sees an evil action, let him change it with his hand [by taking action against it], and if he cannot, then with his tongue [by speaking out against it], and if he cannot, then with his heart [by feeling that it is wrong], and this is the weakest of faith.” (Reported by Muslim, no. 70). Allaah says (interpretation of the meaning): “So keep your duty to Allaah and fear Him as much as you can…” [alTaghaabun 64:16]. With regard to the evil thing that you mention in the question, you should try to change it or get rid of it as much as you can, so that you eliminate it or at least reduce it. This can be done by taking the matter to the people in authority who have the power to eliminate it or move it to another area, or by talking to the owner of the site and asking him to stop investing in evil which will only cause harm to him in this world and the next, and to invest in something that will be of benefit to him and the people living in the neighbourhood, without causing them any harm in either their spiritual or worldly affairs. As for taking action by destroying the nightclub, as mentioned in the question, this is not permitted, even if the one who does this is sure he will not get caught. The evil resulting from such an action is too great, such as the destruction of property which is it not permissible to 98
destroy, and the accusation and torture of innocent people that is bound to happen during the investigation of the incident. Moreover, the owners of the nightclub may not give up, and are most likely to try again to build the place. Beware, my zealous brother, of being too hasty to change evil things without thinking about the consequences. It is a good job that you asked this question so that matters might become clear to you, which they surely are now. And Allaah is the Guide to the Straight Path. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 2282: Dealing with a person whose sin repeatedly hurts one Question:
Asslamualaikum If a person commits a sin which hurts you, and they repeatedly do it what should one do ?? Answer: Praise be to Allaah. What you should do is advise the person who is committing sin, whether the sin hurts you directly or not, because enjoining what is good and forbidding what is evil is an important obligation which Muslims are supposed to do all the time, as Allaah says (interpretation of the meaning): “And when a community among them said: ‘Why do you preach to a people whom Allaah is about to destroy or to punish with a severe torment?’ (the 99
preachers) said: ‘In order to be free from guilt before your Lord (Allaah), and perhaps they may fear Allaah.’” [al-A’raaf 7:164] In his tafseer (commentary) of this aayah, Ibn Katheer said: “Here Allaah is describing how the people of that town had split into three groups: those who committed sin by using tricks to catch fish on the Sabbath (which Allaah had forbidden them to do), those who told them not to do this wrong deed and boycotted them, and those who kept quiet, neither committing the sin not speaking out against it. But this third group said to those who were telling the sinners not to do it: ‘Why do you preach to a people whom Allaah is about to destroy or punish with a severe torment?’ i.e., why do you warn these people when you know they are doomed and they deserve to be punished by Allaah, and your telling them not to do it is of no benefit? The preachers said to them, ‘In order to be free from guilt before your Lord (Allaah),’ i.e., we are doing this out of obedience to your Lord, Who has instructed us to enjoin what is good and forbid what is evil; ‘and perhaps they may fear Allaah,’ i.e., perhaps this warning may make them stop what they are doing and return to Allaah in repentance, for if they repent, Allaah will accept their repentance and have mercy on them.” The Muslim should use different styles of warning and calling people to Islam. Sometimes he uses a soft and encouraging tone, describing the rewards for obedience; sometimes he warns of the punishment for disobedience; sometimes he may tell stories which illustrate an important lesson; sometimes he explains the bad consequences of sin on the person’s life, and so on. If a person can no longer bear to be close to this sinner, and there is no benefit in advising him, then he should keep away from him and have nothing to do with him. 100
And Allaah is the source of strength and the Guide to the right path. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com)
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Chapter 3 Rulings on Jihaad 39344: Ruling on a non-Muslim who dies defending his homeland Question: If a Christian is killed in battle defending his homeland, is he regarded as a martyr (shaheed)? What is the ruling in this case?. Answer: Praise be to Allaah. Whoever is killed for the sake of Allaah is a martyr. What is meant by “for the sake of Allaah” is that he is fighting so that the word of Allaah will be uppermost. This is the definition of the martyr killed in battle, as stated by the Prophet (peace and blessings of Allaah be upon him). Al-Bukhaari (3126) and Muslim (1904) narrated that Abu Moosa al-Ash’ari (may Allaah be pleased with him) said: A Bedouin said to the Prophet (peace and blessings of Allaah be upon him), “A man fights for the sake of booty, and a man fights so that he will become famous, and a man fights to show off – who is fighting for the sake of Allaah?” He said, “The one who fights so that the word of Allaah will be uppermost is the one who is fighting for the sake of Allaah.” Muslim (1915) narrated that Abu Hurayrah said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Who do you think is a martyr among you?” They said, “O Messenger of Allaah, the one who is 102
killed for the sake of Allaah is a martyr,” He said, “The martyrs of my ummah would be few in that case.” They said, “Then who are they, O Messenger of Allaah?” He said: “The one who is killed for the sake of Allaah is a martyr; the one who dies for the sake of Allaah is a martyr; the one who dies of the plague is a martyr; the one who dies of a stomach disease is a martyr; and the one who drowns is a martyr.” So the Prophet (peace and blessings of Allaah be upon him) mentioned both the martyrs who die in battle and those who also share the virtue of martyrdom. Al-Nawawi (may Allaah have mercy on him) said: The scholars said: What is meant by the martyrdom of these people who are not killed for the sake of Allaah is that in the Hereafter they will have the reward of martyrdom, but in this world their bodies should be washed and the funeral prayer should be offered for them. We have already discussed this in Kitaab al-Eemaan. The martyrs are of three types: the martyr in this world and the Hereafter, who is the one who is killed in war against the kuffaar; the martyr in the Hereafter, who is not treated as a martyr as far as rulings in this world are concerned, who are the people mentioned here; and the martyr in this world who is not regarded as a martyr in the Hereafter, which is the person who steals from the war booty or who is killed when running away from the battlefield. End quote. Martyrdom is a high status, which can only be attained by the believers (Muslims). With regard to the one who heard the call of the Prophet Muhammad (peace and blessings of Allaah be upon him) and did not believe in him, he is a kaafir who disbelieves in Allaah and is one of the people of Hell, whether he was killed in battle or died in his bed, whether he was a 103
Jew or a Christian or any other religion of shirk and kufr. The Christians are kaafirs because they reject the Prophet (peace and blessings of Allaah be upon him) and because they claim that the Messiah ‘Eesa ibn Maryam (Jesus the son of Mary) is divine, and because they claim that God has taken a wife and a son – exalted be Allaah far above what they say. Allaah says (interpretation of the meaning): “Verily, those who disbelieve in Allaah and His Messengers and wish to make distinction between Allaah and His Messengers (by believing in Allaah and disbelieving in His Messengers) saying, “We believe in some but reject others,” and wish to adopt a way in between. They are in truth disbelievers. And We have prepared for the disbelievers a humiliating torment” [al-Nisa’ 4:150-151] “And the Jews say: ‘Uzair (Ezra) is the son of Allaah, and the Christians say: Messiah is the son of Allaah. That is their saying with their mouths, resembling the saying of those who disbelieved aforetime. Allaah’s Curse be on them, how they are deluded away from the truth!” [al-Tawbah 9:30] “Surely, they have disbelieved who say: ‘Allaah is the Messiah [‘Eesa (Jesus)], son of Maryam (Mary).’ But the Messiah [‘Eesa (Jesus)] said: ‘O Children of Israel! Worship Allaah, my Lord and your Lord.’ Verily, whosoever sets up partners (in worship) with Allaah, then Allaah has forbidden Paradise to him, and the Fire will be his abode. And for the Zaalimoon (polytheists and wrongdoers) there are no helpers” [al-Maa’idah 5:72] 104
“Surely, disbelievers are those who said: ‘Allaah is the third of the three (in a Trinity).’ But there is no Ilaah (god) (none who has the right to be worshipped) but One Ilaah (God —Allaah). And if they cease not from what they say, verily, a painful torment will befall on the disbelievers among them” [al-Maa’idah 5:73] And the Prophet (peace and blessings of Allaah be upon him) said: “By the One in Whose hand is the soul of Muhammad, no one of this nation, Jew or Christian, hears of me then dies without having believed in that with which I was sent, but he will be one of the people of Hell.” Narrated by Muslim, 153. The above comments have to do with the rulings on his situation in the Hereafter if he is killed. With regard to the rulings on his situation in this world, if a non-Muslim joins the fight to defend a Muslim country without that involving any compromise on religious matters on the Muslims’ part, then there is nothing wrong with thanking him and rewarding him for that. And Allaah knows best. Islam Q&A (www.islam-qa.com) 13241: Treatment of prisoners-of-war in Islam Question: How are prisoners of war treated in Islam? Answer: Praise be to Allaah. 105
Islam is the religion of mercy and justice; it commands us to call others to the religion of Allaah in a kind and good manner, and to encourage people to enter this great religion. If some people persist in rejecting the religion of Allaah and stand in the way of ruling by that which Allaah has revealed on earth, or they fight against the call to Allaah, then we give them the choice of three things: Either they become Muslim; or if they refuse they pay the jizyah (whereby they pay a specified amount to the Muslims in return for being allowed to remain their land, and the Muslims undertake to protect them); or, if they refuse that, there is nothing left but the way which they themselves have chosen, which is fighting and dealing violently with those who have persecuted the Muslims and put obstacles in the path of the Islamic da’wah. In this way the Muslims will gain the upper hand and the enemies will be humiliated; then when we have killed and wounded many of them and gained the upper hand over them, we may take prisoners and bind a bond firmly on them [cf. Muhammad 47:4], because in that case it is more in tune with the idea of mercy by choice (not because we are afraid of them); at that point war should not continue any longer than is necessary. War in Islam should not be waged for the sole purpose of shedding blood or seeking vengeance. If the Muslims capture them and take them to a place that has been prepared for them, they should not harm them or torture them with beatings, depriving them of food and water, leaving them out in the sun or the cold, burning them with fire, or putting covers over their mouths, ears and eyes and putting them in cages like animals. Rather they should treat them with kindness and mercy, feed them well and encourage them to enter Islam. Thumaamah ibn Athaal – the leader of Bani Haneefah – was brought (to Madeenah) as a prisoner and tied to one of the pillars of the mosque. The Messenger (peace and 106
blessings of Allaah be upon him) came to him and said, “What do you think, O Thumaamah?” He said, “What I think, O Muhammad, is good. If you kill me, you will kill one with blood on his hands – i.e., I will deserve to be killed because I have killed Muslims – and if you release me you will release one who will be grateful. If you want money, then ask, and I will give you whatever you want.” The Messenger of Allaah (peace and blessings of Allaah be upon him) left him for three days, and each day he would come and ask him similar questions, and Thumaamah would give similar answers. After the third day, he commanded that he should be released. Thumaamah went to a stand of date-palms near the mosque where he bathed (did ghusl), then he came to the Prophet (peace and blessings of Allaah be upon him) and said, “I bear witness that there is no god except Allaah and I bear witness that Muhammad is the slave of Allaah and His Messenger.” Then he said: “O Messenger of Allaah, by Allaah there was no one on earth whose face was more hateful to me than yours, but now your face is the most beloved of all faces to me. By Allaah, there was no religion that was more hateful to me than your religion, but now your religion has become the most beloved of all religions to me. By Allaah, there was no land more hateful to me than your land, but now your land has become the most beloved to me. Your cavalry captured me when I was on my way to perform ‘Umrah, so what do you think I should do?” The Messenger of Allaah (peace and blessings of Allaah be upon him) congratulated him, and told him to go for ‘Umrah. When he came to Makkah, someone asked him, “Have you changed your religion?” He said, “No, but I have submitted with the Messenger of Allaah (peace and blessings of Allaah be upon him), and by Allaah you will not get a grain of wheat from al-Yamaamah unless the Messenger of Allaah (peace and blessings of Allaah be upon him) gives permission.” 107
Think about this story, may Allaah bless you, and how the kind treatment of Thumaamah led to his embracing Islam, which could not have happened were it not primarily by the grace of Allaah, and also the kind treatment which Thumaamah received. In the Qur’aan, Allaah says of the righteous (interpretation of the meaning): “And they give food, in spite of their love for it (or for the love of Him), to the Miskeen (the poor), the orphan, and the captive, (Saying): ‘We feed you seeking Allaah’s Countenance only. We wish for no reward, nor thanks from you’” [al-Insaan 76:8-9] Ibn Katheer (may Allaah have mercy on him) said: “Ibn ‘Abbaas said: in those days their prisoners were mushrikeen; on the day of Badr the Messenger of Allaah (peace and blessings of Allaah be upon him) commanded them to be kind to their prisoners, so they used to put them before themselves when it came to food… Mujaahid said, this refers to the one who is detained, i.e., they would give food to these prisoners even though they themselves desired it and loved it.” The ruling on tying up prisoners: It is well known that if prisoners are able to escape they will not hesitate to do so, because they may be afraid of dying and they do not know what awaits them. Hence the Muslims were commanded to tie up their prisoners and to tie their hands to their necks, lest they run away. This is something that still happens and is well known to all people. The wisdom behind permitting the taking of prisoners is so as to weaken the enemy and ward off his evil by keeping 108
him away from the battlefield so that he cannot be effective or play any role; it also creates a means of freeing Muslim prisoners by trading the prisoners whom we are holding. Detaining prisoners Prisoners should be detained until it is decided what is the best move. The ruler of the Muslims should detain prisoners until he decides what is in the Muslims’ best interests. He may ransom them for money, or exchange them for Muslim prisoners, or release them for nothing in return, or distribute them among the Muslims as slaves, or kill the men, but not the women and children, because the Prophet (peace and blessings of Allaah be upon him) forbade killing the latter. The purpose behind detaining prisoners is so that the Muslims may be protected from their evil. The Prophet (peace and blessings of Allaah be upon him) used to enjoin the Muslims to treat prisoners well, whereas the Romans and those who came before them the Assyrians and Pharaohs, all used to put out their prisoners’ eyes with hot irons, and flay them alive, feeding their skins to dogs, such that the prisoners preferred death to life. Ahkaam al-Sijn wa’l-Sujana’ wa Mu’aamalat alSujana’ fi’l-Islam by Hasan Abi’l-Ghuddah, 256 (www.islam-qa.com) 10138: Deception in war Question: Does Islam permit deception in war? Is this considered to be betrayal and treachery? Answer: Praise be to Allaah. 109
Allaah has forbidden treachery and has condemned those who do it. Allaah says (interpretation of the meaning): “They are those with whom you made a covenant, but they break their covenant every time and they do not fear Allaah” [al-Anfaal 8:56] And the Prophet (peace and blessings of Allaah be upon him) said: “Every betrayer will have a banner on the Day of Resurrection, by which he will be known.” (Narrated by al-Bukhaari, 6966; Muslim, 1736) Al-Bukhaari narrated that Ibn ‘Umar (may Allaah be pleased with him) said: ‘The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘There are four characteristics, whoever has them all is a pure hypocrite: when he speaks, he lies; when he makes a promise he breaks it; when he is entrusted with something he betrays that trust; and when he argues, he speaks in an obscene manner. Whoever has one of these traits has a trait of hypocrisy until he gives it up.” (Narrated by alBukhaari, 3878; Muslim, 58) And it was narrated that Maalik said: “I heard that ‘AbdAllaah ibn ‘Abbaas said: ‘There is no people who betrays their covenant but Allaah gives their enemies power over them.” (al-Muwatta’, Baab ma jaa’a fi’l-wafa’ bi’l-‘ahd) Yet despite this condemnation of betrayal, Islam allows deception in war in order to attain victory. Al-Nawawi said: “The scholars are agreed that it is permissible to deceive the kuffaar in war in any way possible, except if that would mean breaking the terms of a treaty or trust, in which case it is not permitted. The Prophet (peace and blessings of Allaah be upon him) said: “War is deceit.” (Narrated by al-Bukhaari, 3029; Muslim, 58). One of the most dangerous elements of deceit is taking the enemy by surprise and catching them 110
unawares before they can get ready to fight. When the Messenger (peace and blessings of Allaah be upon him) wanted to head for Makkah in order to conquer it, he ordered the Muslims to get ready without telling anyone of his intention until after they had set out for Makkah, and after taking all precautions to prevent news of that reaching the mushrikeen. And the Prophet (peace and blessings of Allaah be upon him) used to send out many raiding parties, and he would tell them to travel by night and conceal themselves by day so that they could catch the enemy unawares. Although it is permissible to use deception in war, we say that Islam has attained a high standard of ethics with regard to the use of these tricks in war. Among the most prominent examples of that are the following: ‘Umar ibn al-Khattaab wrote to the commander of an army that he had sent out: “I have heard that some men among you look for kaafirs, then when they run to hide in difficult mountainous terrain they say, ‘Do not be afraid,’ then when they catch up with them they kill them. By the one in whose hand is my soul, if I hear that anyone has done that I will chop off his head.” It was narrated that Abu Muslimah said: “ ‘Umar ibn alKhattaab said: ‘By the One in Whose hand is my soul, if any one of you were to point to the sky [i.e., a gesture to imply that he will not harm him] to make a mushrik come down to him and then kill him, I would kill him for that.’” Islam has forbidden treachery, and treachery is not one of the kinds of tricks and deception that are permitted in war. This Islamic sharee’ah makes a distinction between the kinds of deceit that are permitted and that which involves treachery and breaks treaties. 111
See al-‘Allaaqaat al-Khaarijiyyah fi Dawlat al-Khilaafah, 197. Islam Q&A. Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 21932: Islamic ruling on self-defence Question: What is the viewpoint of Islam toward self-defense? Is it a right? Are there conditions on that right? Does the Qur’an speak to the issue of self-defense? Answer: Praise be to Allaah. Protecting oneself and one’s honour, mind, wealth and religion is a well-established basic principle in Islam. These are the five essentials which are well known to Muslims. A person has to defend himself; it is not permissible for him to consume that which will harm him, and it is not permissible for him to allow anyone to harm him. If a person or a vicious animal etc attacks him, he has to defend himself, or his family or his property, and if he is killed he is counted as a shaheed (martyr), and the killer will be in Hell. If the harm that will result from this aggression is little and he gives up defending himself for the sake of Allaah, then undoubtedly Allaah will compensate him for that, so long as this does not cause any increase in the wrongdoing against him or anyone else. Shaykh ‘Abd al-Kareem al-Khudayr. (www.islamqa.com) 112
20214: Ruling on jihad and kinds of jihad Question: In this day and Age is Jihad Fard on every able bodied Man? Answer: Praise be to Allaah. Firstly: Jihaad is of various kinds, some of which are obligatory upon everyone who is accountable, and some are obligatory upon the community as a whole – if some people undertake them then the rest are relieved of the obligation. And some kinds of jihad are mustahabb. Jihad al-nafs (jihad against one’s self) and jihad alShaytaan (jihad against the Shaytaan) are obligatory upon everyone who is accountable. Jihad against the munaafiqeen (hypocrites), kaafirs (disbelievers) and leaders of oppression and innovation is obligatory upon the community as a whole. Physical jihad (i.e. fighting) against the kaafirs may become an individual obligation upon everyone who is able to do it in certain circumstances, which will be described below. Ibn al-Qayyim (may Allaah have mercy on him) said: Once this is understood, then jihad is of four kinds: Jihad al-nafs (jihad against one’s self), jihad al-Shaytaan (jihad against the Shaytaan), jihad against the kaafirs and jihad against the hypocrites. Jihad al-nafs (jihad against one’s self) is of four kinds: 1 – Striving to learn the teachings of Islam without which 113
one cannot attain success and happiness in this world or in the Hereafter; if this is missing then one is doomed to misery in this world and in the Hereafter. 2 – Striving to make oneself act in accordance with what one has learned. Simply knowing without acting, even though it may not cause any harm, is not going to bring any benefit. 3 – Striving to call others to Islam, teaching those who do not know about it. Otherwise one will be one of those who conceal that which Allaah has revealed of guidance and teaching, and it will not benefit him or save him from the punishment of Allaah. 4 – Striving to bear patiently the difficulties involved in calling people to Allaah and the insults of people; bearing all that for the sake of Allaah. If a person achieves all these four levels, then he will be one of the rabbaaniyyeen (learned men of religion who practise what they know and also preach to others. Cf. Aal ‘Imraan 3:79). The salaf were agreed that the scholar does not deserve to be called a rabbaani unless he knows the truth, acts in accordance with it and teaches it to others. Whoever teaches, acts in accordance with his knowledge and has knowledge, he will be called great in the kingdom of heaven. Jihad against the Shaytaan is of two types: 1 – Warding off the doubts that he stirs up to undermine faith. 2 – Striving against him to ward off the corrupt desires that he provokes. The first jihad is followed by certainty of faith, and the second is followed by patience. Allaah says (interpretation of the meaning): 114
“And We made from among them (Children of Israel), leaders, giving guidance under Our Command, when they were patient and used to believe with certainty in Our Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.)” [al-Sajdah 32:24] Allaah tells us that leadership in religion is attained through patience and certainty of faith. Patience wards off desires and certainty wards off doubts. Jihad against the kaafirs and hypocrites is of four kinds: with the heart, the tongue, one’s wealth and oneself. Jihad against the kaafirs is more along the lines of physical fighting whereas jihad against the hypocrites is more along the lines of using words and ideas. Jihad against the leaders of oppression and innovation is of three kinds: 1 – Jihad with one’s hand (i.e., physical jihad, fighting) if one is able. If that is not possible then it should be with one’s tongue (i.e., by speaking out). If that is not possible then it should be with one’s heart (i.e., by hating the evil and feeling that it is wrong). These are the thirteen types of jihad, and “Whoever dies without having fought or having resolved to fight has died following one of the branches of hypocrisy.” (Narrated by Muslim, 1910). Zaad al-Ma’aad, 3/9-11) Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: “Jihad is of various kinds, with one’s self, one’s wealth, by making du’aa’, by teaching and guiding, by helping to do good in any way. The greatest form of jihad is jihad 115
with one’s self (i.e., going oneself and fighting), followed by jihad with one’s wealth, jihad by speaking out and guiding others. Da’wah is also part of jihad. But going out oneself to fight in jihad is the highest form. (Fataawa al-Shaykh Ibn Baaz, 7/334, 335) Secondly: The idea of waging physical jihad against the kaafirs went through a number of stages, depending on the state in which the Muslim ummah was. Ibn al-Qayyim (may Allaah have mercy on him) said: “The first thing which his Lord revealed to him was to read in the name of his Lord who had created. That was the beginning of his Prophethood, where Allaah commanded him to recite to himself but He did not yet command him to convey that. Then He revealed the words (interpretation of the meaning: ‘O you (Muhammad) enveloped in garments! Arise and warn!’ [al-Muddaththir 74:1-2] So he became a Prophet with the word ‘Iqra (Read!) and he became a Messenger with the words, ‘O you (Muhammad) enveloped in garments…’ Then Allaah commanded him to warn his closest kinsmen, then to warn his people, then to warn the Arabs around them, then to warn all the Arabs, then to warn all of mankind. He continued to call them for over ten years from the beginning of his Prophethood, without fighting or imposing the jizyah; he was commanded to refrain, to be patient and to be forbearing. Then permission was given to him to migrate, and permission was given to him to fight. 116
Then he was commanded to fight those who fought him, and to refrain from fighting those who left him alone and did not fight him. Then Allaah commanded him to fight the mushrikeen so that the religion would all be for Allaah. After jihad was enjoined upon him, the kaafirs then fell into three categories: those with whom there was a truce or peace treaty; those with whom he was at war; and those who lived under the rule and protection of the Islamic state.” (Zaad al-Ma’aad, 3/159) Thirdly: The ruling on physical jihad against the kaafirs is that this is an obligation on the community as a whole (fard kafaayah). Ibn Qudaamah said: “Jihaad is an obligation upon the community; if some people undertake it, the rest are relieved of the obligation.” What fard kafaayah means is that if it is not undertaken by enough people, then all the people are guilty of sin, but if enough people undertakes it, the rest will be relieved of blame. Initially the command is addressed to all of them, as in the case of an individual obligation (fard ‘ayn), but then in the case of fard kafaayah the obligation is dropped if enough of the people undertake to do it, unlike the case with fard ‘ayn where the obligation is not dropped if someone else does it. Jihad is a fard kafaayah, according to the majority of scholars.” (al-Mughni, 9/163) Shaykh ‘Abd al-‘Azeez ibn Baaz said: 117
“We have previously explained on more than one occasion that jihad is fard kafaayah, not fard ‘ayn. All Muslims are enjoined to support their brothers with their selves (i.e., physically, by joining them), or with money, weapons, da’wah and advice. If enough of them go out (to fight), the rest are freed from sin, but if none of them do that then all of them are sinners. The Muslims in Saudi Arabia, Africa, North Africa and elsewhere are obliged to do their utmost, and if there is a jihad in one country, the surrounding countries should hasten to help them, the closest then the next closest. If one or two states, or three or more, manage to fulfil the obligation, then the rest are freed of responsibility. They deserve to be supported, and it is obligatory to help them against their enemies, because they are oppressed. Allaah has enjoined jihad upon all Muslims, and they must fight against the enemies of Allaah until their brothers are victorious. If they fail to do that then they are sinners, but if sufficient people undertake to do that, then the rest are absolved of sin.” (Fataawa al-Shaykh Ibn Baaz, 7/335) Fourthly: Physical jihad against the kaafirs becomes obligatory in four cases, which are: 1 – When the Muslim is present in a jihad situation. 2 – When the enemy has come and attacked a Muslim land 3 – When the ruler mobilizes the people, they must respond. 4 – When a person is needed and no one else can do the task except him. 118
Shaykh Ibn ‘Uthaymeen said: Jihad is obligatory and becomes fard ‘ayn if a person is present where fighting is going on. This is the first of the situations in which jihad becomes an individual obligation, because Allaah says (interpretation of the meaning): “O you who believe! When you meet those who disbelieve, in a battlefield, never turn your backs to them. And whoever turns his back to them on such a day — unless it be a stratagem of war, or to retreat to a troop (of his own), — he indeed has drawn upon himself wrath from Allaah. And his abode is Hell, and worst indeed is that destination!” [al-Anfaal 8:16] The Prophet (peace and blessings of Allaah be upon him) said that running away on the day when the army is advancing is one of the sins that doom a person to Hell. He said: “Avoid the seven sins that doom a person to Hell…” among which he mentioned running away on the day when the army is advancing (agreed upon). But Allaah has made exceptions in two cases: 1- When it is a military manoeuvre, in the sense that he is leaving to bring reinforcements. 2- When he is going to join another group, when he has been told that there is a group of Muslims elsewhere who are about to be defeated, so he goes to join them in order to strengthen their numbers. This is subject to the condition that there is no risk to the group he is in; if there is a risk to the group that he is in, then it is not permissible for him to go to the other group. In this case (jihad) is an individual obligation upon him (fard ‘ayn) and it is not permissible for him to leave. 119
The second situation (in which jihad becomes an individual obligation) is when a city is besieged by the enemy. Then he has to fight in defence of the city, because when the city is besieged there is no alternative but to defend it, for if the enemy is going to prevent people from leaving the city or entering it, and prevent provisions from reaching it, and other things which are well known, then in this case the people of the city are obliged to fight in order to defend their city. The third situation is when the leader tells the people to mobilize; the leader (imam) is the highest authority in the state, but he need not necessarily be the leader of all the Muslims, because there has been no leader of all the Muslims (khaleefah) for a long time. The Prophet (peace and blessings of Allaah be upon him) said: “Listen and obey, even if you are ruled by an Abyssinian slave.” So if a man becomes a leader, then his word is to be heeded and his commands are to obeyed. (al-Sharh al-Mumti’, 8/10-12). Islam Q&A. Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 5275: Is jihad invalid if there is no khaleefah? Question: Can we really participate in Jihaad when we don’t have any khalifa to organise us, or we don’t have the strength to fight them? Do we behave like the Prophet (SM) did having patience and trust in Allah (S) before gaining the strength to fight the kuffar? Answer: Praise be to Allaah. 120
Jihaad for the sake of Allaah is the pinnacle of Islam, and is one of the principles of the religion. It does not depend on there being an imaam (khaleefah or ruler)… But obviously jihaad requires preparation and organization, and the existence of a leader of the army who can weigh up the pros and cons. This strikes the balance between those who are reckless and pay no attention to the regulations of sharee’ah, and those who neglect this duty and ignore it completely. It is obligatory to follow the example of the Prophet (peace and blessings of Allaah be upon him) in all his affairs, which includes preparation and equipping oneself. Shaykh Muhammad Aal ‘Abd al-Lateef (www.islamqa.com) 8961: Ruling on jihaad Question: Is jihaad considered to be fard ‘ayn [obligatory on all individuals] now, when the rights of Muslims have been violated by foreign invasions and in other ways? What is the ruling on those who are not engaged in jihaad, who cannot do anything, but if they were called upon they would respond and fight in jihaad for the sake of Allaah, but they are prevented by the current circumstances of the ummah, such as the lack of rule according to sharee’ah? Please respond, with evidence (daleel). Answer: Praise be to Allaah. Jihaad to make the word of Allaah supreme, to protect 121
the religion of Islam, to enable spreading the faith and to protect the things it holds sacred, is an obligation upon everyone who is able to do it. But this necessitates organizing and sending armies, lest it result in chaos leading to bad consequences. So initiating it is one of the tasks of the Muslim ruler, and the ‘ulamaa’ should encourage it. If jihaad begins and the Muslims are mobilized, then everyone who is able should answer the call, sincerely for the sake of Allaah, hoping for truth to prevail and to protect Islam. Whoever holds back from that when the call has been made, with no valid excuse, is a sinner. And Allaah is the source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace. Fataawaa al-Lajnah al-Daa’imah, 12/12 (www.islamqa.com)
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