Tag: Q n A

Praise be to Allah.It is not permissible to forsake a Muslim, because the Prophet (peace and blessings of Allah 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 Salam first.” (Narrated by Al-Bukhari, 5727; Muslim, 2560)
If the believer is a relative, such as a brother, nephew, uncle or cousin, then 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., 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 Allah 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]; if he cannot then with his heart [by hating it and feeling that it is wrong], and that is the weakest level of faith.” (Narrated by Muslim, 49)  
The basic principle is that it is prohibited for a Muslim to forsake his fellow-Muslim unless there is a reason to allow it. (See Fatawa Manar Al-Islam, by Ibn ‘Uthaymin, vol. 3, p. 732) 
Wali Al-Din Al-‘Iraqi said: 
“This prohibition applies in cases where the forsaking is caused by anger with regard to something permissible and has nothing to do with religion. With regard to forsaking someone for a religious reason, such as his committing sin or Bid`ah; this is not prohibited. The Prophet (peace and blessings of Allah be upon him) commanded (his companions) to forsake Ka`b ibn Malik, Hilal ibn Umayyah and Mararah ibn Al-Rabi’ (may Allah be pleased with them). Ibn ‘Abd Al-Barr said: This Hadith of Ka`b indicates that it is permissible for a man to forsake his Muslim 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 Al-‘Abbas Al-Qurtubi 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 impermissible for a Muslim to forsake his fellow-Muslim 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 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-Tathrib, 8/99)
What you should do, if your brother has done something prohibited, is to advise him and explain that this thing is prohibited, and remind him of Allah. 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 Islamic justification for forsaking him for more than three days. We have seen above in the Fatwa of Shaykh Ibn ‘Uthaymin that the basic principle is that it is prohibited for a Muslim to forsake his fellow-Muslim, 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 prohibited kinds of forsaking. May Allah help us all to do that which He loves and which pleases Him. 
For more details, please see the following answers: 13731 , 11018 , 126918 , 93775 , and 93146 .

Praise be to Allah.
We have read more about the country – Finland – in which you
are living; some of it saddened us, but other things made us happy.  We are
saddened by the division that there is among you, and by the fact that many
neglect to call people to Allaah or pay attention to their families and
children. We are also saddened to learn that some Muslim women have married
Christian men in that country, as these are invalid marriages; and that many
people have failed to obey Allaah and adhere to His religion. All of that
makes the burden of the people of knowledge and goodness even greater, and
lays upon them a huge responsibility towards the Muslim community in that
European land. 

But what made us happy is the news that the number of Muslims
in that country is increasing, and the Muslim community is now one hundred
thousand strong, according to some reports, although we do not know how many
of them are Sunnis. And we are happy to learn that many of the people of
that country have entered the religion of Allaah. 

What we advise you, and we hope that our words will have a
good effect on your hearts and actions: 

1.

First and foremost, every Muslim should try to return to his
homeland, and those who have become Muslim should move to a Muslim country
where they can practise their religion safely. They should leave that
country where the religious commitment, minds and hearts of many Muslims
have been corrupted, whenever they are able to do so. 

2.

Those who cannot leave or who do not want to should fear
Allaah with regard to themselves and the members of their household; they
should advise them sincerely and take good care of them, and protect
themselves and their families from the Fire of Allaah. 

3.

You must strive to establish study circles for learning
Qur’aan and (Islamic) knowledge, in which the ignorant may be taught and the
young Muslims (?) may learn to obey Allaah. It is not permissible for you to
be careless about this matter. We have read how the Tatars in Finland
preserved their language and culture; your Islam and Arabic language are
more important and you must take great care of them in your daily lives.  

4.

Try to invite scholars and seekers of knowledge to come to
you, so that they can undertake the duties of calling people to Islam,
exhorting, guiding and teaching. Such meetings will play a part in uniting
you and helping you adhere to the rulings of sharee’ah which have to do with
the realities of your lives. 

5.

Do not leave any room for the devils among mankind and the
jinn to cause division in your ranks and spread disunity among you. You have
to be aware that you are living in a Christian society, a Christian country,
whose flag bears the cross! You have to remember that what happens between
Muslims who have differences is not like your differences with other
religions. The difference between Muslims who pray in the same direction
(ahl al-qiblah) is may be a difference between Sunnah and bid’ah, and in
some cases it may be the difference between a correct view and a less
correct view, but the difference between you and the other religions is the
difference between Islam and kufr. These are two different issues.  

6.

With regard to this party that is trying to establish an
Islamic state in Finland, they should think on the basis of reason and not
emotion; they should look at reality and not turn a blind eye to it. You
cannot even bury a Muslim in a graveyard that is just for Muslims, so would
you be able to close liquor stores and establish an Islamic state there?! 

What is this, O slaves of Allaah?! This is imaginary dreams
and farfetched thinking, which may be excused in a man who does not know the
reality of where you live and does not know anything about the difficulties
that you face. But a man who sees what you see and knows what you know
should think soundly on the basis of fitrah, sharee’ah and reason, and his
efforts should be aimed at achieving whatever he is most able to of the
Muslims’ interests in your country, and warding off whatever evils, harm and
oppression he can. 

Based on that, if those people have an Islamic party, they
should invest their efforts in establishing Islamic institutions, schools,
Muslim graveyards, and stop thinking about establishing an Islamic state,
because in fact that is virtually impossible and is just an illusion, based
on what we have seen of the Muslims’ inability to achieve that, even in
their own countries, so how can they do it in a non-Muslim country? Just
demanding an Islamic state will bring evil consequences such as only Allaah
knows, so how about if they took practical steps towards it? If the state is
unable to stop them – which is not the case – then let them imagine their
fate if the European Union were to get involved in stopping that. What would
be the fate of all the efforts that have been made for decades?  We have
read about the situation of Muslim men and women in your country after
September 11th, so how about if the anti-Islam establishments
were to spread the idea that the Muslims only want to rule in order to apply
Islam and limit freedoms and oppress women? Yes, they are exaggerating and
lying, but we are giving them the ammunition that they are throwing in our
faces.  

7.

One of the priorities of that Islamic party should be to
preserve Islamic identity and strive to spread the message of Islam, free of
distortions; they should present it to the Muslims so as to bring them back
to commitment and righteousness, and you should prove to non-Muslims that
your religion is a religion of unity, brotherhood and cooperation in
righteousness and piety. 

8.

The Muslim brothers who are of that land should continue to
call people to Allaah among their families and relatives, and tell others of
the joy they have found by entering Islam. It seems that they will have more
impact on the people of that land than Muslims who have migrated from other
countries. 

9.

Strive to buy a piece of land as soon as possible to be used
for graves for Muslims who believe in Tawheed (the oneness of Allaah), and
try to move the Muslims who were buried with non-Muslims to these Islamic
graves. 

10.

It should be a priority of Islamic groups and political
parties, especially those that are trying to establish an Islamic state, as
we said, to preserve the identity of the Muslims who are living there. One
of the most important means of preserving their identity is for Muslim men
to marry Muslim women and to strive to create an Islamic atmosphere in their
social lives. In the Islamic parties and organizations there should be
people who direct the Muslims’ private matters such as marriage, divorce and
social relationships in accordance with the laws of Allaah, without trying
to impose that on everyone in the Christian country which, as we have said,
is a very farfetched idea, the consequences of which will be bad for you. 

11.

We advise everyone to be gentle in calling people to Allaah
and to follow the way of the Prophets and Messengers and successful
daa’iyahs. You should direct your da’wah to leaders, politicians, decision
makers, journalists, writers and all classes of people. Perhaps Allaah will
guide one of them who will become very influential. And strive to remove
evils from the lives of Muslims in the way that is best. 

12.

You should always be in contact with your Muslim brothers in
Europe and in the Muslim world, so that you can consult them about your
affairs and ask the scholars about issues and problems that you are facing.
The Muslim is the mirror of his brother, and two brothers together are
stronger than one on his own. 

And Allaah knows best.

Praise be to Allah.Everything that could cause harm to a Muslim or the Muslims is forbidden according to Islamic teachings. If the traffic rules help to protect against harm, then they must be followed.
And Allah knows best.

Praise be to Allah.
The Muslim ruler must appoint people who are qualified to
hold positions of high office in the state, and he must also hold
consultations with people of knowledge and those who are specialized in
various fields. That should not be left to the common folk or the masses for
everyone to elect his relative or a member of his party, or to elect the one
who will pay the most. 

Shaykh Saalih ibn Fawzaan (may Allaah preserve him) said: 

Official positions that are lower than that of caliph or
ruler: Appointing people to these positions was the job of the caliph or
ruler. He had the authority to select for them people who were competent and
had integrity. Allaah says (interpretation of the meaning): “Verily,
Allaah commands that you should render back the trusts to those, to whom
they are due; and that when you judge between men, you judge with justice”
[al-Nisa’ 4:58]. This is addressed to rulers and those in authority.
Trusts (amaanaat) here refers to official positions and positions of
high office in the state, which Allaah made a trust that is entrusted to the
ruler. The way in which it is to be fulfilled is by choosing people who are
competent and have integrity, as the Prophet (peace and blessings of
Allaah be upon him) and the caliphs who came after him and the Muslim rulers
after them appointed to various positions those who were fit to hold those
positions and were able to fulfil these duties as prescribed in sharee’ah. 

With regard to elections as they are known today in different
states, they are not part of the Islamic system and they may lead to
disorder and chaos and personal ambitions. They are subject to favouritism
and greed, and may lead to fitnah (tribulation) and bloodshed. They do not
achieve the purpose they are meant to achieve; rather they are more like
auctions, buying and selling, and false propaganda. End quote. 

Al-Jazeerah newspaper, issue no.
11358. 

The imam (ruler) or caliph was appointed to lead the Islamic
state by one of three methods: 

1-

He was chosen and elected by the decision makers (ahl al-hall
wa’l-‘aqd). For example, Abu Bakr al-Siddeeq became caliph when he was
elected by the decision makers, then the Sahaabah unanimously agreed with
that and swore allegiance to him, and accepted him as caliph. 

‘Uthmaan ibn ‘Affaan (may Allaah be pleased with him) became
caliph in a similar manner, when ‘Umar ibn al-Khattaab (may Allaah be
pleased with him) delegated the appointment of the caliph to come after him
to a shoora council of six of the senior Sahaabah, who were to elect one of
their number. ‘Abd al-Rahmaan ibn ‘Awf consulted the Muhaajireen and Ansaar,
and when he saw that the people were all inclined towards ‘Uthmaan, he swore
allegiance to him first, then the rest of the six swore allegiance to him,
followed by the Muhaajireen and Ansaar, so he was elected as caliph by the
decision makers. 

‘Ali ibn Abi Taalib (may Allaah be pleased with him) became
caliph in a similar manner, when he was elected by most of the decision
makers. 

2-

Appointment to the position by the previous caliph, when one
caliph passes on the position to a particular person who is to succeed him
after he dies. For example, ‘Umar ibn al-Khattaab became caliph when the
position was passed on to him by Abu Bakr al-Siddeeq (may Allaah be pleased
with him). 

3-

By means of force and prevailing over others. When a man
becomes caliph by prevailing over the people by the sword, and he
establishes his authority and takes full control, then it becomes obligatory
to obey him and he becomes the leader of the Muslims. Examples of that
include some of the Umayyad and ‘Abbasid caliphs, and those who came after
them. This method is contrary to sharee’ah, because it is seized by force.
But because great interests are served by having a ruler who rules the
ummah, and because a great deal of mischief may result from chaos and loss
of security in the land, the one who seizes authority by means of the sword
should be obeyed if he seizes power by force but he rules in accordance with
the laws of Allaah. 

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have
mercy on him) said: 

If a man rebels and seizes power, the people must obey him,
even if he seizes power by force and without their consent, because he has
seized power. 

The reason for that is that if his rule is contested, it will
lead to a great deal of evil, and this is what happened during the Umayyad
period when some of them seized power by means of force and gained the title
of caliph, and people obeyed them in obedience to the command of Allaah. End
quote. 

Sharh al-‘Aqeedah al-Safaareeniyyah
(p. 688). 

For more information on this topic, and to find out how the
state should operate and how its affairs should be run, please see Ahkaam
al-Sultaaniyyah by Abu’l-Hasan al-Maawardi al-Shaafa’i and Ahkaam
al-Sultaaniyyah by Abu Ya’la al-Farra’ al-Hanbali, and al-Tarteeb
al-Idaariyyah by al-Kattaani. 

And Allaah knows best.

Praise be to Allah.It is not permissible for a woman to be appointed as a judge, because that is one of the positions of public authority that are restricted to men only. This has been explained previously in the answer to question no. 71338 .
But if there is no male judge, and the person has no choice but to refer the case to the court, and there is no one available to refer cases to except a woman, and if not referring the case to her would lead to loss of one’s rights or cause harm, then in that case there is nothing wrong with referring the case to her as a matter of necessity.
We put this question to our shaykh, ‘Abd ar-Rahmaan al-Barraak (may Allah preserve him), and he replied: If there is no one available except this female judge, then yes, it is permissible to refer cases to her for judgement as a matter of necessity, because Allah, may He be exalted, says (interpretation of the meaning): “So fear Allah as much as you are able” [at-Taghaabun 64:16].
And Allah knows best.

Praise be to Allah.This issue is one that is subject to ijtihaad. And we must weigh up the interests and benefits that we hope the Muslims may attain from this participation and the harm that may result from it. 
If the benefits outweigh the harms, then it is permissible to take part, but if the harms outweigh the benefits, then it is not permissible to take part. 
Based on this, the ruling differs depending on the country, the system of voting and the people involved. Taking part may be beneficial to the Muslims in one country, and not in another. The same applies to individuals.  
The Fiqh Council has issued a statement on this issue: Participation of Muslims in elections with non-Muslims, the text of which is as follows: 
alone, and blessings and peace be upon the one after whom there is no Prophet, our Prophet Muhammad, and his family and companions. 
The Islamic Fiqh Council in its nineteenth session, which was held in the headquarters of the Muslim World League in Makkah al-Mukarramah between 22 and 27 Shawwaal 1428 AH (3 to 8 November 2007 CE) has examined the issue of “Participation of Muslims in elections with non-Muslims in non-Muslim countries.” This is one of the topics on which discussion was deferred in the sixteenth conference which was held between 21 and 26 Shawwaal 1422 AH in order that it may be examined more thoroughly. 
After listening to the research that was presented and the discussions concerning it, the Council has determined the following: 
1.
Muslim participation in elections with non-Muslims in a non-Muslim country is one of the shar’i political matters in which the ruling is determined in the light of weighing up the pros and cons, and fatwas concerning it differ according to time, place and circumstances. 
2.
it is permissible for a Muslim who enjoys the rights of citizenship in a non-Muslim country to take part in elections and the like because it is more likely that his participation will bring benefits such as presenting a true picture of Islam, defending Muslim issues in that country, supporting the rights of religious and other minorities, strengthening their role in circles of influence, and cooperating with reasonable, fair-minded people on a basis of truth and justice. That should be in accordance with the following guidelines: 
(i)The Muslim participants should intend thereby to serve the interests of the Muslims and ward off evil and harm from them.
(ii)The Muslim participants should think it most likely that their participation will have positive effects that will benefit the Muslims in that country, such as supporting their position, conveying their requests to the decision makers and those who are in charge of the country, and protecting their religious and worldly interests.
(iii)The Muslim’s participation in these elections should not lead to him neglecting his religious duties.
And Allaah is the source of strength. May Allaah send blessing and peace upon our Prophet Muhammad and his family and companions. 
http://www.themwl.org/Fatwa/default.aspx?d=1&cidi=167&l=AR&cid=17
For more information please see the answers to questions no. 3062 and 107166. 
And Allaah knows best.

Praise be to Allah.Firstly:
The causes on which zakaah may be spent are defined in the verse in which Allah, may He be exalted, says (interpretation of the meaning):
“Zakaah expenditures are only for the poor and for the needy and for those employed to collect [zakaah] and for bringing hearts together [for Islam] and for freeing captives [or slaves] and for those in debt and for the cause of Allah and for the [stranded] traveler – an obligation [imposed] by Allah . And Allah is Knowing and Wise”
[at-Tawbah 9:60].
For an explanation of this verse, please see the answer to question no. 46209.
Secondly:
With regard to the sources of income of the bayt al-maal (treasury), they are many and varied both in the past and in the modern era.
In al-Mawsoo‘ah al-Fiqhiyyah (8/245-248) it says:
Sources of income for the bayt al-maal:

Zakaah of all types, which the ruler takes whether it is taken from wealth that is visible or hidden, such as grazing livestock, crops, cash and trade goods.
One fifth (khums) of movable booty. Booty refers to all wealth that is taken from the disbelievers by means of fighting, apart from land and real estate. One fifth of this wealth is to be given to the bayt al-maal, to be spent on various prescribed causes. Allah, may He be exalted, says (interpretation of the meaning): “And know that anything you obtain of war booty – then indeed, for Allah is one fifth of it and for the Messenger and for [his] near relatives and the orphans, the needy, and the [stranded] traveller…” [al-Anfaal 8:41].
One fifth of metals and the like extracted from the ground, such as gold, silver, iron and so on. It was said that this also applies to what is extracted from the sea, such as pearls, ambergris and so on.
One fifth of buried treasure. This refers to all wealth that was buried underground by human actions. What is meant here is the treasure of the disbelieving people of the Jaahiliyyah (pre-Islamic period of ignorance). If a Muslim finds it, one fifth of it is to be given to the bayt al-maal; the remainder belongs to the finder.
Fay’, which is all movable wealth that is captured from the disbelievers without a fight and without mobilising troops. Fay’ is of different types:

Land and property from which the disbelievers fled for fear of the Muslims (at time of war). This is to be made into a waqf, like land that is seized by fighting, and its yield is to be shared out every year. This was stated by the Shaafa‘is, although there is a difference of scholarly opinion concerning the matter.
Movable wealth that is left behind and abandoned by the disbelievers. This is to be divided on the spot, and not turned into a waqf.
What is taken from the disbelievers of taxes or rental of land of which the Muslims have gained possession and rented out to a Muslim or a dhimmi [non-Muslim living under Muslim rule], or rental of land that the Muslims have left in the possession of its original owners, whether it was acquired on the basis of a peace deal or was taken by force then left in their hands on the grounds that they are still its owners and they pay kharaaj (land tax) to us.
Jizyah, which is a poll tax paid by the disbelievers in return for their living in Muslim lands. It is imposed on each adult, able-bodied male, or on a city as a whole, to pay a specific amount of money. If someone pays it who is not obliged to do so, it is regarded as a gift, not as jizyah.
One tenth paid by ahl adh-dhimmah [non-Muslims living under Muslim rule]. This is a tax paid on trade goods that they export to dar al-harb [hostile non-Muslim territory] or that they import from dar al-harb to dar al-islam [Muslim territory], or that they move from one city to another within Muslim territory. It is to be paid by them once a year.

Similar to that is the one tenth paid by traders from dar al-harb, if they come to us with trade goods and seek our protection.

What the non-Muslims in a state of war with the Muslims agree to pay in return for a peace deal.
The wealth of an apostate if he is executed or dies, and the wealth of a heretic if he is executed or dies. Their wealth is not to be inherited [by their heirs]; rather it comes under the heading of fay’. According to the Hanafis, the wealth of an apostate is subject to further discussion.
Wealth of a dhimmi [non-Muslim living under Muslim protection] who dies and has no heir, or what is left over from his wealth after his heirs have taken their shares.  This is also regarded as fay’.
Lands captured by means of fighting that are agricultural lands, according to those scholars who do not think that such lands are to be divided among the fighters who capture them.

The yield of land belonging to the bayt al-maal, or rent on property owned by the bayt al-maal, and earnings on related trade and business dealings.
Gifts, donations and bequests that are given to the bayt al-maal for jihad or other purposes that are in the public interest.
Gifts that are given to judges who were not given gifts before being appointed to that position, or gifts that are given to judges but the giver has a dispute before the judge. If these gifts are not returned to the giver, they are to be given to the bayt al-maal, because the Prophet (blessings and peace of Allah be upon him) took from Ibn al-Latbiyah [who was sent out to collect zakaah and gave the zakaah to the Prophet (blessings and peace of Allah be upon him) but he wanted to keep what was given to him as gifts] what had been given to him as gifts.

The same applies to gifts that are given to the ruler by non-Muslims who are hostile towards the Muslim state, and gifts that are given to state workers, unless the recipient pays towards these items from his personal wealth.

Taxes imposed on people in order to take care of their own interests, whether that is for jihad or other purposes. These taxes should not be imposed on them unless there are insufficient funds in the bayt al-maal to serve that interest and it is essential. Otherwise, this is an illegitimate source of income.
Lost wealth; this refers to wealth that is found but it is not possible to know who the owner is, whether it is found in the street, entrusted to someone for safe keeping, given as collateral, found with thieves and their ilk, and similar wealth of which no one claims ownership. It is to be given to the bayt al-maal.
The estate of any Muslim who dies and has no heir, or he has heirs who do not inherit all of his wealth, according to the scholars who think that what is left over should not be given to his relatives. In the case of someone who is killed and has no heir, the diyah (blood money) for his killing goes to the bayt al-maal and is to be spent on the same causes as the fay’.

The right of the bayt al-maal to this kind of wealth is subject to the rulings on inheritance, according to the Shaafa‘is and Maalikis. The Hanbalis and Hanafis say that it is to be given to the bayt al-maal according to the rules on fay’, not inheritance.

Penalties and confiscated wealth. It is narrated in the Sunnah that one who withholds zakaah is to be penalised by having half of his wealth seized. This is the view of Ishaaq ibn Raahawayh and Abu Bakr ‘Abd al-‘Azeez. It was narrated that a penalty is to be imposed on one who picks fruit for free and takes it out [of the garden or orchard]; the penalty is to be double the value of the fruit. This is the view of the Hanbalis and Ishaaq ibn Raahawayh. What appears to be the case is that when such penalties are taken, they are to be spent in the public interest, thus they become due to the bayt al-maal.

It was narrated that ‘Umar (may Allah be pleased with him) took half of the wealth of some people who were appointed to positions of authority when they became rich because of their positions.
One of the sources of income for the bayt al-maal in the modern era is the natural resources that were discovered in the lands of Muslim states, namely petroleum, natural gas, minerals and so on. It is very rare to find a state in which there are no resources of that nature.
Another source of income is what the state charges in return for what it carries out of agricultural, industrial or commercial projects, or services that it offers to the people, such as electricity, telephones, water and so on.
Thus it will become clear that there are many sources of income for the bayt al-maal.
And Allah knows best.

Praise be to Allah.
Allegiance (bay’ah) is a pledge to obey. And it is a shar’i
contract between the one who swears allegiance and the one to whom
allegiance is sworn, namely the ruler or caliph. 

Allegiance is sworn to a caliph after the decision makers (ahl
al-hill wa’l-aqd) select him; they are the ones who meet the conditions
of being trustworthy and of sound opinion. 

In al-Mawsoo’ah al-Fiqhiyyah (9/274) it says: 

Bay’ah or allegiance, as defined by Ibn Khuldoon in his
Muqaddimah, means: a pledge to obey; it is as if the one who swears
allegiance is promising his ruler that he will accept his authority with
regard to his own affairs and the affairs of the Muslims, and he will not
dispute with him with regard to any of that, and he will obey him in any
duties that he assigns to him, whether at times of ease or at times of
hardship. When they swore allegiance to a ruler and made this pledge, they
would put their hands in his as confirmation of the pledge. That is akin to
what the seller and purchaser do, so bay’ah or allegiance was accompanied by
a handshake. End quote. 

It also says (9/278): 

The selection by the decision makers of the ruler and their
swearing allegiance to him (bay’ah) is the basis of his taking that
position. The decision makers (ahl al-hill wa’l-‘aqd) are the scholars and
people of wisdom and high status, whose knowledge is accompanied by other
essential conditions: trustworthiness, good character and wisdom. End
quote. 

Just as there are conditions that must be met by the decision
makers, there are also conditions that must be met by the caliph to whom
allegiance is sworn. Some of these conditions are the subject of scholarly
disagreements, but on others there is consensus. Not one of the scholars
disagreed with the condition that the ruler must be a Muslim, because what
is implied by bay’ah (swearing allegiance) is the implementation of the laws
of Allaah, carrying out of hadd punishments and guarding the borders of
Islam, so how can a kaafir implement the laws of Allaah and do these things?
Rather if the ruler is a Muslim and becomes a kaafir, he must be removed
from office because of his kufr. 

Ibn Hazm (may Allaah have mercy on him) said, discussing the
conditions of leadership: 

He should be a Muslim, because Allaah says (interpretation of
the meaning): “And never will Allaah grant to the disbelievers a way (to
triumph) over the believers” [al-Nisa’ 4:141]. Rulership is the greatest
of such ways. And Allaah has enjoined us to put the people of the Book in
their place and to take the jizyah from them. End quote. 

Al-Fasl fi’l-Milal wa’l-Ahwa’ wa’l-Nihal
(4/128). 

Al-Nawawi (may Allaah have mercy on him) said: 

Al-Qaadi said: The scholars are unanimously agreed that a
kaafir should not be appointed as ruler, and that if the ruler becomes a
kaafir, he must be deposed. End quote. 

Sharh Muslim (12/229). 

In al-Mawsoo’ah al-Fiqhiyyah (6/218) it says: 

The fuqaha’ stipulated conditions for the ruler, on some of
which there is consensus and concerning others there is a difference of
opinion. 

The conditions of rulership on which there is consensus are: 

1 – Islam (i.e., the ruler should be a Muslim), because this
is a condition of testimony being acceptable and guardianship being valid,
which are much less serious issues than rulership. Allaah says
(interpretation of the meaning): “And never will Allaah grant to the
disbelievers a way (to triumph) over the believers” [al-Nisa’ 4:141].
And rulership, as Ibn al-Qayyim said, is the greatest of such ways. And he
is to take care of the interests of the Muslims. End quote. 

Based on this, it is not permissible to swear allegiance to a
kaafir ruler, and if the ruler becomes a kaafir then he should be deposed,
according to the conditions that are known to the scholars. 

And Allaah knows best.

Praise be to Allah.Firstly:
Terrorism (Arabic irhaab) is a term that refers to scaring others. In and of itself it is neither good nor bad, unless the one who uses this word intends it to mean something and unless we see the consequences of the actions based on it. Whoever says that terrorism (irhaab) in Islam is synonymous with killing is mistaken, because the linguistic meaning of the word does not reflect that. Terrorism refers to scaring, not killing per se. In terms of Arabic usage, words derived from the same root as irhaab (terrorism) appear in the Qur’an where our Lord, may He be exalted, instructs us to fear Him, as in the verse (interpretation of the meaning): “and fear [only] Me [wa iyyaaya farhaboon]” [al-Baqarah 2:40]. He has also commanded us to prepare to face the enemy from whom we expect plots against us and plans to wage war against us. This preparation is intended to scare (or terrify) the enemy so that we will not become easy prey for him. This is stated clearly in the verse in which Allah, may He be exalted, says (interpretation of the meaning):
“And prepare against them whatever you are able of power and of steeds of war by which you may terrify the enemy of Allah and your enemy and others besides them whom you do not know [but] whom Allah knows”
[al-Anfaal 8:60].
The unjust colonialist states use this word in conjunction with Islam, intending thereby to distort its image in the sight of all people. Hence they set up conferences and held seminars, and established research institutes in the name of fighting terrorism, but in all of these efforts there was no discussion at all about these criminal colonialist states who are oppressing the weak Muslims, such as the Hindus and their terrorising of Muslims in Kashmir, or the Russians and their terrorising of Muslims in Chechnya, or the Americans and their terrorising of Muslims in Iraq and Afghanistan, and the Zionists and their terrorising of Muslims in Palestine. Some naïve Muslims have started to use this word to describe anyone they want to fight, and put people off him. They may be right in describing a particular group of Muslims as terrorists, but what about the states that use terrorism, and what about criminal racist organisations that have been spared from having this word used against them, which has become used exclusively in reference to Muslims?!
The rulings and teachings of Islam were prescribed by Allah for the purpose of protecting the honour, life and wealth of the Muslim. For that purpose Islam forbids killing, theft, zina (unlawful sex), and slander, and has ordained severe punishments for anyone who commits those crimes. The punishment may go as far as execution – as in the case of the previously-married zaani (adulterer) – so as to protect people’s honour.
There is a severe punishment for one who terrorises and frightens people, such as gangs of bandits on the highways and those who do similar deeds within the city. They are the ones who strive to spread mischief and corruption on earth. Allah has prescribed the severest punishments for them, so as to ward off their evil and protect people’s wealth, lives and honour. Allah, may He be exalted, says (interpretation of the meaning):
“Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment”
[al-Maa’idah 5:33].
In fact, Islam went even further, as it forbids the Muslim to scare his brother, even in jest. It was narrated from as-Saa’ib ibn Yazeed that he heard the Messenger of Allah (blessings and peace of Allah be upon him) say: “No one of you should take his brother’s property in jest or in earnest, and whoever has taken his brother’s staff, let him return it.” Narrated by at-Tirmidhi (2160) and Abu Dawood (5003); classed as hasan by al-Albaani in Saheeh at-Tirmidhi.
It was narrated that ‘Abd ar-Rahmaan ibn Abi Layla said: The companions of the Messenger of Allah (blessings and peace of Allah be upon him) told us that they were travelling with the Messenger of Allah (blessings and peace of Allah be upon him) on a journey. One of the men fell asleep, and some of them went and took some arrows that he had with him, and when the man woke up he panicked, and the people laughed. He said: What made you laugh? They said: Nothing, but we took this man’s arrows and he panicked. The Messenger of Allah (blessings and peace of Allah be upon him) said: “It is not permissible for a Muslim to scare or alarm another Muslim.” Narrated by Ahmad (23064) and Abu Daawood (4351). Classed as saheeh by al-Albaani in Saheeh Abi Daawood.
Secondly:
“Terrorism” (irhaab) in Islam is of two types:

That which is praiseworthy

This refers to scaring an enemy lest he attack the Muslims and occupy their land. That involves being fully prepared, arming themselves with faith, being united, and equipping themselves with weapons. The verse from Soorat al-Anfaal quoted above explains that it is obligatory for the Muslims to do this.
Islam is not alone in this regard. Rather all nations compete in manufacturing arms and equipping themselves with weapons of mass destruction, establishing huge armies, and holding military parades to show off their troops and weapons. All of that is a show of strength intended to scare their neighbours and enemies, lest they think of attacking them.

That which is blameworthy

This refers to scaring those who do not deserve to be scared, Muslims or others whose lives are protected by Islamic law, such as those who have a covenant with the Muslims, those to whom the Muslims have granted protection and safety, and non-Muslims living under Muslim rule (ahl adh-dhimmah)
The Islamic Fiqh Council has defined terrorism as: acts of aggression and enmity carried out by individuals, groups or states by way of transgressing against people (affecting their religious commitment, physical and mental well-being, wealth or honour). That includes all ways of scaring, harming and threatening people, or killing them unlawfully, and all actions that are connected to those who wage war against Allah and His Messenger, scaring wayfarers and travellers, acts of banditry, and all violent acts or threats that take place in support of criminal objectives, whether they are done by individuals or groups, with the aim of instilling fear and terror in people, scaring them by harming them, or exposing their lives, freedom, sense of security and well-being to danger. Another type of terrorism is damaging the environment, facilities, public or private property, or exposing some national or natural resources to danger. All of these are ways of spreading mischief and corruption on earth, which Allah, may He be glorified and exalted, has forbidden the Muslims to do in the verse in which He says (interpretation of the meaning):
“And desire not corruption in the land. Indeed, Allah does not like corrupters”
[al-Qasas 28:77].
Sixteenth session, Makkah al-Mukarramah, 21-26/10/1422 AH — 5-10/1/2002 CE
In this statement, they pointed out two important issues:
The first issue is refuting the argument of those who describe Islam as being a religion of terrorism. Among other things, this statement said:
The members of the Council have noted that media campaigns are well orchestrated, and based on lies and nonsense, as they are organised by the types of media that are irrational and hostile, which are directed by the Zionist media organisations to stir up resentment, hatred and discrimination against Islam and Muslims, and to make false accusations against the final religion of Allah, foremost among which is the accusation of terrorism.
It became clear to the members of the Council that accusing Islam of terrorism through media campaigns is but an attempt to put people off Islam, as people are showing interest in it and are entering the religion of Allah in crowds.
The members of the Council call upon the Muslim World League and other Muslim organisations, and indeed all Muslims, to defend Islam, whilst paying attention to choosing the best methods that are appropriate to the honour that may be attained by undertaking this mission in the context of refuting the lies against Islam, and the accusation of terrorism. It may be noted that terrorism is a global phenomenon that cannot be attributed to a particular religion or people. Rather it is a phenomenon that stems from extremism of which no modern society is free. They explained that there are different types of extremism, such as political extremism, ideological extremism or religious extremism. Extremism that results from exaggeration about some issues of religion is not limited to the followers of a particular religion. Allah, may He be glorified and exalted, mentioned the People of the Book exaggerating about their religion, and He forbade them to do that, as He says in His holy Book (interpretation of the meaning):
“Say, O People of the Scripture, do not exceed limits in your religion beyond the truth and do not follow the inclinations of a people who had gone astray before and misled many and have strayed from the soundness of the way.””
[al-Maa’idah 5:77].
The second issue that the council discussed is terrorism carried out at the level of the state. This is a matter concerning which the global media is silent, and has not exposed the people behind it. Among other things, the council said in a statement:
The Council affirms that there is another type of terrorism, which is terrorism carried out at the level of the state. One of its clearest and most abhorrent forms is the terrorism that is perpetrated by the Zionists in Palestine, and what the Serbs did in Bosnia, Herzegovina, and Kosova. The Council regards this type of terrorism as posing the gravest danger to security and peace in the world, and regards confronting it as coming under the heading of self-defence and jihad in Allah’s cause.
End quote.
Thirdly:
With regard to terrorism perpetrated by the West, it is what we read of and witness of their invasion of weaker states and the plundering of their resources, and what we see of torture, rape and killing, all of which is documented via audio and video media, in documents that cannot be denied. This is a continuation of their historical practice of occupation by means of force, violence and weapons.
What is really strange is that Western states – especially America –have not given a definition of terrorism until now! It is clear that they would implicate themselves by any definition they chose. Therefore they have given this word a vague meaning, to be applied to whoever they decide to accuse of terrorism.
Shaykh Saalih al-Fawzaan (may Allah preserve him) said:
From ancient times, the disbelievers have waged war against Islam, describing it in the worst of terms, in order to put people off it. “They want to extinguish the light of Allah with their mouths, but Allah refuses except to perfect His light, although the disbelievers dislike it.” [at-Tawbah 9:32]. That includes their description of Islam as terrorism and savagery. They forget that terrorism, savagery, genocide, transgression against people unlawfully, and all other blameworthy attitudes in fact belong to the way of the disbelievers and are part of the disbelievers’ character.
The fact that some so-called Muslims have behaved wrongly – either out of ignorance or bad intentions – cannot be attributed to Islam, for Islam forbids such deeds.
The way to protect Islam from this accusation is to explain that the actions of these individuals has nothing to do with Islam; rather these are cases of individuals acting badly, and every Muslim is prone to error; no one is infallible except the Messenger of Allah (blessings and peace of Allah be upon him).
Al-Muntaqa min Fataawa al-Fawzaan (1/416, question no. 247)
And Allah knows best.

Praise be to Allah.The word siyaasah (translated above as political outlook) comes from a root (saasa) meaning to become in charge and take care of something, which means looking after something in a manner that maintains its well-being. The phrase sawwasahu al-qawm refers to people appointing someone to run their affairs.
See: Lisaan al-‘Arab (6/107); al-Qaamoos al-Muheet (p. 170).
Al-Bukhaari (3455) and Muslim (1842) narrated from Abu Hurayrah that the Prophet (blessings and peace of Allah be upon him) said: “The Children of Israel were ruled by the Prophets (tasoosuhum al-Anbiyaa’); every time one prophet died, another prophet would succeed him.”
An-Nawawi (may Allah have mercy on him) said:
“[They] were ruled by the Prophets” means the Prophets took care of their affairs as rulers who are in charge of the people do. Thus siyaasah means to take care of something in a manner that maintains its well-being and serves its interests. End quote.
Ibn Nujaym said:
Siyaasah refers to an action taken by the ruler as he sees fit, even if there is no partial evidence for the action he takes.
Al-Bahr ar-Raa’iq (5/11).
Ibn Khaldoon defined as-siyaasah ash-shar‘iyyah [siyaasah on the basis of Islamic teachings] as follows: [It means] to lead the people in accordance with shar‘i guidelines, in a manner that serves their interests in the hereafter as well as in this world, for their interests in this world are connected to and may serve their interests in the hereafter, because the Islamic guidelines concerning the life of this world are connected to what serves people’s interests in the hereafter. Thus as-siyaasah ash-shar‘iyyah, in reality, means acting in the stead of the Messenger in guarding religious affairs and taking care of worldly affairs. End quote from Muqaddimat Ibn Khaldoon (p. 97)
Based on that, siyaasah is an indivisible part of Islam, and there is no separation between siyaasah (politics) and deen (religion).
Based on the above and on modern usage of the word siyaasah, we may say that the Prophet (blessings and peace of Allah be upon him) used to conduct the people’s affairs and run the affairs of state on the basis of wise politics (siyaasah), because he brought a set of laws that were aimed at achieving what is in people’s best interests and warding off what is harmful and bad.
This is also how the Rightly Guided Caliphs and leaders of guidance after him ran the affairs of the ummah.
See also: at-Turuq al-Hukmiyyah by Ibn al-Qayyim (p. 17-20).
And Allah knows best.