Tag: Siyasah

  • Q n A : Appointing an ameer (leader)


    Q
    Appointing an ameer (leader)


    A

    Praise be to Allah.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.

  • Q n A : Is it permissible for sisters who are working in Da’wah to choose an Ameerah (leader) for themselves?


    Q
    Is it permissible for sisters who are working in Da’wah to
    choose an Ameerah (leader) for themselves?


    A

    Praise be to Allah.We put this question to Shaykh Muhammad ibn Saalih
    al-‘Uthaymeen, may Allaah preserve him, who answered as follows:
    , 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.

  • Q n A : Is it permissible for Muslims to vote for kaafirs who seem to be less evil?


    Q
    Is it permissible for Muslims to vote for kaafirs who seem to be less evil?


    A

    Praise be to Allah.This is a matter concerning which rulings may differ according to different circumstances 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 only to elections for influential positions. And Allaah knows best.

  • Q n A : Proportional representation in Islamic centers


    Q
    Proportional representation in Islamic centers


    A

    Praise be to Allah.
    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.

  • Q n A : Trying to avoid being appointed as a judge


    Q
    Trying to avoid being appointed as a judge


    A

    Praise be to Allah.Firstly: 
    The position of judge is a
    noble position, which brings great virtue for the one who is able to
    undertake that role. The Prophets (peace be upon them), some of the senior
    Sahaabah (may Allaah be pleased with them) and some of the prominent
    Tabi’een and others who came after them took on this role. By judging justly
    one is enjoining what is good and forbidding what is evil, and supporting
    those who have been wronged. 
    Muhammad al-Khaadimi (may
    Allaah have mercy on him) said: 
    Knowledge of judicial
    matters is one of the noblest and most sublime branches of knowledge,
    because it is a high position and prophetic role. Through it blood may be
    protected or shed; it may determine which marriages are valid and invalid;
    it may confirm ownership or loss of wealth; and it may show which dealings
    are permissible or forbidden, disliked or recommended. The evidence that
    knowledge of judicial matters is not like other (branches of knowledge) is
    the verse (interpretation of the meaning): “And (remember) Dawood (David)
    and Sulaymaan (Solomon), when they gave judgement in the case of the field…”
    [al-Anbiya’ 21:78]. For that reason the Messengers were sent and on the
    foundation of justice the heavens and the earth are established. The Prophet
    (peace and blessings of Allaah be upon him) described it as one of the
    blessings for which envy (hasad) is permitted, as he said: “There should be
    no envy except in two cases: a man to whom Allaah has given wealth and
    granted him the authority to spend it in a rightful manner and a man to whom
    Allaah has given wisdom and he judges and acts on the basis of it.” And it
    was narrated from Ibn Mas’ood (may Allaah be pleased with him): “If I were
    to judge for one day, that would be dearer to me than worshipping for
    seventy years.” Hence judging justly between people is one of the best of
    righteous deeds that brings the highest status in the Hereafter. Allaah says
    (interpretation of the meaning): “And if you judge, judge with justice
    between them. Verily, Allaah loves those who act justly” [al-Maa’idah 5:42].
    And what can be better than the love of Allaah? 
    Bareeqah Mahmoodiyyah fi
    Sharh Tareeqah Muhammadiyyah wa Sharee’ah Nabawiyyah
    (4/2,3). 
    Ibn Qudaamah (may Allaah be
    pleased with him) said: 
    There is a great deal of
    virtue in it for the one who is able to do it properly, hence Allaah has
    decreed reward for it even if one errs, and has forgiven him for passing a
    wrong judgement. It is also enjoining what is good, supporting the one who
    is wronged, giving rights to those who are entitled to them, deterring the
    wrongdoer from doing wrong, reconciling between people, settling disputes
    between them, and these are among the best means of drawing close to Allaah.
     
    Hence the Prophet
    (peace and blessings of Allaah be upon him) and the other Prophets before
    him assumed the position of judge and they judged their nations. 
    The Prophet (peace and
    blessings of Allaah be upon him) sent ‘Ali to Yemen as a judge, and he sent
    Mu’aadh as a judge. 
    It was narrated from Ibn
    Mas’ood that he said: To sit between two people as a judge is dearer to me
    than worshipping for seventy years. 
    Al-Mughni
    (11/376). 
    In al-Mawsoo’ah
    al-Fiqhiyyah (33/289) it says: 
    Because of its high status
    and great virtue, Allaah has decreed reward for it even if one errs, and has
    forgiven him for passing a wrong judgement. The Messenger of Allaah
    (peace and blessings of Allaah be upon him) said: “If the judge rules and
    strives his utmost to work it out and gets it right, he will have two
    rewards, and if he rules and strives his utmost to work it out and gets it
    wrong, he will have one reward.” (Agreed upon) He is rewarded for his
    ijtihaad and efforts, not for his mistake. End quote. 
    Secondly: 
    Taking up a position as a
    judge may be obligatory, or it may be permissible, or it may be haraam. It
    is haraam for the one who takes up such a position when he is ignorant of
    the rulings of sharee’ah. It is permissible for the one who can judge well
    but there are others who can also do it. And it is obligatory for the one
    who can judge well when there is no one else who can judge between people. 
    Ibn Qudaamah (may Allaah
    have mercy on him) said: 
    People fall into three
    categories with regard to judging: 

    1.The one for whom it is not
    permissible to get involved with it. He is the one who is not qualified for
    it and does not fulfil all its conditions. It was narrated that the Prophet
    (peace and blessings of Allaah be upon him) said: “Judges are of three
    types,” and he mentioned among them a man who judges between people on the
    basis of ignorance, and he will be in Hell. And because the one who is not
    qualified for it cannot be just, so he will take rights from the one who is
    entitled to them and give them to someone else.

    2.The one for whom it is
    permissible, but not obligatory. This is the one who is of good character
    and is able to engage in ijtihaad, but there are others who are like him. So
    he may take up a position as a judge based on his situation and suitability
    for the post, but it is not obligatory for him, because he is not the only
    one who can do it. According to one view of Ahmad, it is not recommended for
    him to enter into it, because of the dangers and risks involved, whereas
    there is safety in not doing it, and because of the reports which speak
    sternly about it, and because the way of the salaf was to avoid it. ‘Uthmaan
    (may Allaah be pleased with him) wanted to appoint Ibn ‘Umar as a judge but
    he refused. Abu ‘Abd-Allaah ibn Haamid said: If a man is unknown and people
    do not refer to him concerning the rulings of sharee’ah, and he is not
    known, then it is better for him to accept this post so that the people may
    refer to him concerning the rules of sharee’ah and the truth may be
    established by means of his rulings and the Muslims may benefit from him.
    But if he is famous among the people for his knowledge, and people refer to
    him for knowledge and fatwas, then it is better for him to keep busy with
    that, because of the benefit involved, and because it is also safe from
    risks. Something similar was said by the companions of al-Shaafa’i. They
    said: If he is in need, and can earn a living from working as a judge, then
    it is better for him to do that, and it may be better than other ways of
    earning a living because it is an act of worship and obedience.

    3.The one for whom it is
    obligatory. This is the one who is suited to be a judge, and there is no one
    apart from him. In this case it is an individual obligation, because it is a
    communal obligation that no one else is able to undertake, so it becomes an
    individual obligation for him, like washing and shrouding the deceased
    [which becomes an individual obligation for the one who knows how to do it
    when no one else knows that].

    There is a report narrated from Ahmad which indicates that it is not an
    individual obligation in this case. He was asked: Is the judge sinning (by
    refraining from judging) if there is no one else (who can judge)? He said:
    He is not sinning.

    This may be understood according to its apparent meaning, that it is not
    obligatory for him, because of the danger that it brings to him, so he does
    not have to harm himself in order to benefit others. Hence Abu Qilaabah
    refused it, although it was said to him, There is no one else. Or it may be
    understood as referring to one who cannot do what is required because of
    injustice on the part of the ruler and so on, because Ahmad said: The people
    need a judge; we cannot let the people’s rights be lost? 
    Al-Mughni
    (11/376). 
    Some scholars stated that
    the issue of working as a judge is subject to the five rulings and it may be
    either prohibited, obligatory, recommended, disliked or permissibley. 
    See: Mu’een al-Hukkaam
    fima yataraddadu bayna al-Khasmayni min al-Ahkaam by Shaykh ‘Ala al-Deen
    al-Taraabulsi (may Allaah have mercy on him) (p. 10). 
    Thirdly: 
    Some of the imams warned
    against being appointed as a judge and warned of the danger of this post.
    For example: 
    1-
    It was narrated that ‘Ali
    ibn Abi Taalib (may Allaah have mercy on him) said: If the people knew what
    is involved in judging they would not judge concerning the price of a piece
    of camel dung. But the people need judges and rulers, whether they are
    righteous or immoral. 
    Akhbaar al-Qudaah
    by Abu Bakr al-Dabbi who is known as al-Wakee’ (p. 21).  
    2-
    It was narrated that
    Mu’alla ibn Rawbah said: Raja’ ibn Haywah said to me: Today the ruler
    appointed ‘Abd-Allaah ibn Mawhab as a judge. If I had a choice between being
    carried to my grave or being appointed to that to which Ibn Mawhab has been
    appointed, I would (choose to) be carried to my grave. I said to him: The
    people say that you nominated him. He said: They are speaking the truth,
    because I was thinking about the people and not thinking about him.  
    Akhbaar al-Qudaah
    (p. 23, 24). 
    3-
    It was narrated that
    Mak-hool said: To go forth and have my neck struck is dearer to me than
    being appointed as a judge. 
    4-
    It was narrated from Raafi’
    that ‘Umar ibn Hubayrah summoned him to appoint him as a judge, and he said:
    I would not like to be appointed as a judge, even if the pillars of this
    mosque were turned into gold for me.  
    5-
    al-Fudayl ibn ‘Iyaad said:
    If a man is appointed as a judge, let him allocate one day for judging and
    one day for weeping. 
    6-
    It was narrated that Ibn
    Shubrumah said: Do not dare to assume the position of judge until you dare
    to be exposed to the sword. 
    Akhbaar al-Qudaah
    (p. 24). 
    Fourthly: 
    Many of the imams sought to
    avoid being appointed as judges, and some of them even accepted beatings and
    imprisonment instead of being appointed, and some fled from their homelands
    in order to avoid being appointed as judges. The reasons why these imams
    avoided being appointed as judges may be summed up as follows: 
    1-
    He (the imam) thought that
    he was not qualified to be a judge. It is well known that acting as a judge
    requires a great deal of patience, intelligence and astuteness, and the imam
    who turned down an appointment as a judge may have thought that he did not
    fulfil these conditions. 
    Shaykh ‘Ala al-Deen
    al-Taraabulsi (may Allaah have mercy on him) said: 
    One of the imams said: The
    sign of the pious is that they avoid this and flee from it. A number of
    exemplary imams endured hardship in order to keep away from this and they
    bore it with patience. 
    Look at the case of Abu
    Haneefah (may Allaah have mercy on him) and how he refused it and bore the
    hardship with patience until he was relieved of that, as did other imams. 
    Abu Qilaabah fled to Egypt
    when he was asked to become a judge, where he was met by Ayyoob who tried to
    encourage him to do it by saying: If you get it right you will attain a
    great reward. Abu Qilaabah said to him: The one who is drowning in the sea,
    how long can he swim?  
    These words of Abu Qilaabah
    and other imams, which speak of warnings and fear, are the words of one who
    acknowledges his own weakness and inability to fulfil the necessary
    conditions. The same applies to one who thinks he is qualified to act as a
    judge but other people do not think he is qualified for that. 
    One of the scholars said:
    There is nothing good in a person who thinks that he is qualified for
    something for which the people do not think he is qualified. 
    What is meant by the people
    here is the scholars. It is obligatory for such a person to avoid being
    appointed as a judge, and seeking to protect himself is essential. 
    Mu’een al-Hukkaam fima
    yataraddadu bayna al-Khasmayni min al-Ahkaam by
    Shaykh ‘Ala al-Deen al-Taraabulsi (may Allaah have mercy on him) (p. 9) 
    2-
    He thought that it was not
    obligatory or mustahabb for him. Indeed, a comment by Imam Ahmad may be
    understood as meaning that it is not obligatory for him even if it becomes
    unavoidable for him and there is no one else [who is qualified for it]. 
    3-
    There is the danger of
    passing an incorrect judgement and the scholars fear being appointed as a
    judge because of that. 
    Ibn Qudaamah (may Allaah
    have mercy on him) said: 
    In acting as a judge there
    is grave danger and a huge burden for the one who does not do it properly.
    Hence the salaf (may Allaah have mercy on them) would refuse it
    emphatically, fearing its dangers. 
    Al-Mughni
    (11/376) 
    In al-Mawsoo’ah
    al-Fiqhiyyah (33/289, 290) it says: 
    Many of the righteous salaf
    avoided being appointed as judges and refused it emphatically, even if they
    were harmed as a result, because they feared its grave danger, as is
    indicated in many ahaadeeth, in which a stern warning is issued to the one
    who is appointed as a judge and does not do the job properly, such as the
    hadeeth, “Allaah is with the judge so long as he is not unjust, but once he
    becomes unjust He forsakes him and the shaytaan stays with him” [narrated by
    al-Tirmidhi and Ibn Majaah; classed as hasan by al-Albaani] and “Whoever is
    appointed as a judge or is made a judge has been slaughtered without a
    knife” [narrated by Abu Dawood, al-Tirmidhi and Ibn Majaah; classed as
    saheeh by al-Albaani] and “Judges are of three types, two of whom will be in
    Hell and one in Paradise: a man who judges unjustly and knowingly, who will
    be in Hell; a judge who has no knowledge and destroys people’s rights, who
    will be in Hell; and a judge who judges in accordance with the truth, who
    will be in Paradise” [Narrated by al-Tirmidhi (3/604) and al-Haakim (904) from the hadeeth of Buraydah; this version was narrated by al-Tirmidhi and classed as saheeh by al-Haakim, and al-Dhahabi agreed with him.]. End quote. 
    4-
    Not being able to put up
    with the trials of judging. 
    Shaykh Abu’l-Hasan
    al-Nabaahi (may Allaah have mercy on him) said:
    Because of the trials
    involved in being a judge, many virtuous people fled from it and avoided it
    until they were no longer asked to do it, and others were imprisoned for
    their refusal, such as Abu Haneefah, whose name was al-Nu’maan ibn Thaabit.
    ‘Umar ibn Hubayrah summoned him to become a judge, but he refused, so he
    imprisoned him and had him beaten for several days, ten lashes every day,
    but he persisted in refusing it, until he let him off.  
    Tareekh Qudaat
    al-Andalus (p. 7) 
    5-
    They were preoccupied with
    things that were more important, such as travelling in pursuit of knowledge,
    or teaching people. 
    Finally, although the four
    imams refused to be appointed as judges – as was narrated from them – the
    noble Prophets (peace be upon them) and the four Rightly-Guided Caliphs did
    take on this task, but those who want to err on the side of caution may do
    so.  
    In al-Mawsoo’ah
    al-Fiqhiyyah (33/290) it says: 
    After the time of the
    Prophet (peace and blessings of Allaah be upon him) the Rightly-Guided
    Caliphs also acted as judges; they were the leaders of the Muslims, and they
    judged between people on the basis of truth and their involvement in it is
    indicative of the high status of this post and the great reward that may be
    attained thereby, because they are example for the Muslims to follow, and
    after them many prominent Muslims and senior Taabi’een also took on this
    role.
    The fact that some of the
    scholars refused to become involved in it, despite the fact that they were
    virtuous, qualified for the post and pious, may be understood as taking
    extreme precautions in order to protect themselves and erring on the side of
    caution. Perhaps they thought that they were lacking in some way or they
    were afraid that it would distract them from acquiring more knowledge. End
    quote. 
    And Allaah knows best.

  • Q n A : Western human rights organizations and the ruling on referring to them for judgement


    Q
    Western human rights organizations and the ruling on referring to them for judgement


    A

    Praise be to Allah.The Muslim should not be deceived by the so called western and European “human rights” organizations, because although they outwardly appear to support the oppressed and to take a stance against torture and undermining of human dignity in prisons and detention centres – which in general terms are good ideas – they also play other roles, and support other principles which are aimed at destroying the family, and opening the door to slander against Islam and the Prophet (peace and blessings of Allaah be upon him), and all his fellow-Prophets. They are opposed to the rule of sharee’ah which enjoins hadd punishments such as stoning for the adulterer, execution for the apostate and cutting off the hand for the thief, becoming part of legislation and being implemented, which is in fact very rare. These organizations are also opposed to the shar’i rulings that have to do with women, such as the necessity of her wali’s consent for marriage, the command to observe hijab, and the prohibition on her mixing, in addition to other principles where they claim that they want to liberate man from religious obligations and to make man free in the way he conducts his affairs, not restricted by good morals or sublime shar’i rulings.  
    To sum up what these organizations promote: it is that man should be able to do whatever he wants, no matter how perverse. They support lesbians, homosexuals and bisexuals, and religious deviance. They regard it as a human right to disbelieve in whatever religions one wants and to express one’s opinion – even about the Prophets – without any fear or shame, and they also support the liberation of woman from the control of her father, husband or religion. 
    Secondly: 
    There follow some of the articles of the Universal Declaration on Human Rights, which was approved by the United Nations on 10/12/1948 CE, which we are quoting from their website: 
    Article 2.
    Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 
    Article 18.
    Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. 
    Article 19.
    Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. 
    These so called rights and freedoms which they call for all people to enjoy regardless of religion make the monotheist and the polytheist equally entitled to these rights and freedoms, so the slave of Allaah and the slave of the Shaytaan are placed on the same level, and every worshipper of rocks, idols or people is given the complete right and freedom to enjoy his kufr and heresy. This is contrary to the laws of Allaah in this world and the Hereafter. 
    Allaah says (interpretation of the meaning): 
    “Shall We then treat the Muslims (believers of Islamic Monotheism, doers of righteous deeds) like the Mujrimoon (criminals, polytheists and disbelievers)?
    36. What is the matter with you? How judge you?”
    [al-Qalam 68:35, 36] 
    “Shall We treat those who believe (in the Oneness of Allaah Islamic Monotheism) and do righteous good deeds as Mufsidoon (those who associate partners in worship with Allaah and commit crimes) on earth? Or shall We treat the Muttaqoon (the pious) as the Fujjaar (criminals, disbelievers, the wicked)?”
    [Saad 38:28] 
    “Is then he who is a believer like him who is a Faasiq (disbeliever and disobedient to Allaah)? Not equal are they”
    [al-Sajdah 32:18].
    It is a call to abolish the ruling on apostasy, and to openly flaunt the principles of kufr and heresy. It is a call to open the door to everyone who wants to criticize Islam or the Prophet of Islam Muhammad (peace and blessings of Allaah be upon him) and to have the freedom to criticize and express oneself with no restrictions. 
    These are corrupt principles. Even if they suit their lives, values and religion, they do not suit us and they are contrary to our pure sharee’ah, which brought rulings that are suited to individuals and societies, and establish noble morals, and protect minds, honour, physical well being and wealth, and show people the religion which Allaah loves and is pleased with. 
    Article 3.
    Everyone has the right to life, liberty and security of person. 
    It is from this Article that the calls of these organizations come to protect criminals against execution, and started to give bad publicity to the nations which carry out the hadd punishments of Allaah by stoning married adulterers and executing bandits and those who spread mischief in the land. Now these organizations proudly claim that they have convinced many nations to abolish the death penalty for killers, rapists and criminals. This is contrary to sound human nature, reason and sharee’ah, and it is a message that gives peace of mind to those criminals that their lives will never be lost because of their deeds, which is a way of spreading mischief on earth. 
    They claim that the individual has the right to life and liberty, even if it is a bestial life, and even if that freedom leads to corruption, sicknesses and loss of security for the family and society. 
    Article 16.
    Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. 
    This article annuls the role of the woman’s guardian (wali) which is to protect the woman’s rights in marriage, and to help his daughter or sister to make a good choice, and to ask about the religious commitment and character of the suitor. It is by His wisdom that Allaah has prescribed this. If marriage was left up to the woman without her guardian’s consent, you would see most girls marrying those who enchant them of the wolves of men, who are eager to rob them of their chastity then throw them aside.  
    They also give the wife the same rights of divorce as the husband has. This is something that causes women to turn against their husbands and leads to the break up of their families. The one who knows the nature of men and women will not be able to agree to such nonsense. Western families are not so intact that we can say: Look at how they were destroyed. The call for homosexual rights and the rights of women to form any relationship she wants and women’s rights in marriage and divorce – what families can be built on such shaky foundations?  
    It is worth noting that these organizations are used for political purposes to put pressure on the Muslim states that care about virtue, modesty and morals, or that apply all or some of the rulings of sharee’ah. Some Muslim nations have abolished the death penalty, and they have introduced strict laws about marriage at an early age for both genders, but they pay attention to woman’s rights to khula’ and maintenance, etc, which causes widespread mischief and evil in many areas of life.

  • Q n A : Should he shave off his beard if he travels to a country where those who have beards are persecuted?


    Q
    Should he shave off his beard if he travels to a country where those who have beards are persecuted?


    A

    Praise be to Allah.First of all we should remember that it is forbidden to travel to the lands of the mushrikeen or lands where there is a great deal of corruption and promiscuity. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “I disavow myself of every Muslim who settles among the mushrikeen.” They said: “O Messenger of Allaah, why?” He said: “They should not be able to see one another’s fires.” Narrated by al-Tirmidhi, 1604; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi. 
    Please see also question no 21344 and 8919. 
    If a person needs to travel to such countries and cannot avoid doing so, or if that will serve the public interest of the Muslims, then it is permissible to travel, but he has to learn enough of the rulings of Islam that he needs in this country, and he should avoid places of fitnah (temptation, tribulation) that may affect his religious commitment, as much as he can, whether that has to do with physical temptations that are available in the kaafir land or it has to do with doubts and specious arguments that the enemies of Islam throw at him, overtly or otherwise, to shake the faith that is in people’s hearts. See question no. 6154. If this trip requires him to shave off his beard, such as if he needs to go to a place where wearing a beard is forbidden, or he will exposed to mistreatment because of his beard, and he cannot bear it, then Shaykh Ibn Jibreen tells us that: 
    If he has no alternative but to go to that country, or if his going there will strengthen the Muslims, then there is nothing wrong with him shaving off his beard. But if he is going there only for some worldly gain or the mistreatment to which he will be exposed is something that he can bear, then it is not permissible for him to shave it off. 
    It should also be noted that if trimming his beard a little will be sufficient to ward off harm from himself, then doing that will be less serious than shaving it off. And Allaah knows best.

  • Q n A : The situation of the Muslims in Palestine


    Q
    The situation of the Muslims in Palestine


    A

    Praise be to Allah.Undoubtedly what is happening to the Muslims
    in the 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, fair-minded 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.” 
    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.

  • Q n A : To whom should ba’yah (allegiance) be given?


    Q
    To whom should ba’yah (allegiance) be given?


    A

    Praise be to Allah.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. 
    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 al-Shaykh 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). 
    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.

  • Q n A : Role of the khaleefah of the Muslims?


    Q
    Role of the khaleefah of the Muslims?


    A

    Praise be to Allah.
    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 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 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.