Is it permissible to swear allegiance to a kaafir ruler?

 

Is it permissible to swear allegiance to a kaafir ruler?.

Praise be to Allaah.

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.

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

 

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?

Praise be to Allaah.

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.

Trying to avoid being appointed as a judge

 

Why do many scholars, past and present, try to avoid being appointed as judges, even though they are qualified for that? Is there any text or report concerning that?.

Praise be to Allaah.

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.

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

 

The global human rights organizations call for justice and equality and speak against oppression and transgression against people on the grounds of gender, race and colour, and support other noble principles. Is there any reason why we should not cooperate with them? If there is, what is the basis of objecting to these noble principles?.

Praise be to Allaah.

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.

Ruling on democracy and elections and participating in that system

 

What is the ruling on democracy and taking a leadership role in parliment or other levels of the democratical government? What is the ruling regarding voting for someone in democracy? How was the islamic state organized, and governed in the classical times?.

Praise be to Allaah.

Firstly: 

Democracy is a man-made
system, meaning rule by the people for the people. Thus it is contrary to
Islam, because rule is for Allaah, the Most High, the Almighty, and it is
not permissible to give legislative rights to any human being, no matter who
he is. 

It says in Mawsoo’at
al-Adyaan wa’l-Madhaahib al-Mu’aasirah (2/1066, 1067): 

Undoubtedly the democratic
system is one of the modern forms of shirk, in terms of obedience and
following, or legislation, as it denies the sovereignty of the Creator and
His absolute right to issue laws, and ascribes that right to human beings.
Allaah says (interpretation of the meaning): 

“You do not worship
besides Him but only names which you have named (forged) — you and your
fathers — for which Allaah has sent down no authority. The command (or the
judgement) is for none but Allaah. He has commanded that you worship none
but Him (i.e. His Monotheism); that is the (true) straight religion, but
most men know not”

[Yoosuf 12:40] 

“The decision is only
for Allaah”

[al-An’aam 6:57] 

End quote. 

This has been discussed in
detail in the answer to question no.
98134.

Secondly: 

The one who understands the
true nature of the democratic system and the ruling thereon, then he
nominates himself or someone else (for election) is approving of this
system, and is working with it, is in grave danger, because the democratic
system is contrary to Islam and approving of it and participating in it are
actions that imply apostasy and being beyond the pale of Islam. 

But as for the one who
nominates himself or nominates others in this system in order to join the
parliament and enjoin good and forbid evil, and establish proof against
them, and reduce its evil and  corruption as much as he can, so that people
of corruption and disbelievers in Allaah will not have free rein to spread
mischief in the land and spoil people’s worldly interests and religious
commitment, this is a matter that is subject to ijtihaad, according to the
interests that it is hoped will be served by that. 

Some scholars are even of
the view that getting involved in these elections is obligatory. 

Shaykh Muhammad ibn
‘Uthaymeen (may Allaah have mercy on him) was asked about the ruling on
elections, and he replied: I think that elections are obligatory; we should
appoint the one who we think is good, because if the good people abstain,
who will take their place? Evil people will take their place, or neutral
people in whom there is neither good nor evil, but they follow everyone who
makes noise. So we have no choice but to choose those who we think are fit. 

If someone were to say: We
chose someone but most of the parliament are not like that, 

We say: It does not matter.
If Allaah blesses this one person and enables him to speak the truth in this
parliament, he will undoubtedly have an effect. But what we need is to be
sincere towards Allaah and the problem is that we rely too much on physical
means and we do not listen to what Allaah says. So nominate the one who you
think is good, and put your trust in Allaah. End quote.  

From Liqaa’aat al-Baab
al-Maftooh, no. 210 

 

http://www.ibnothaimeen.com/all/sound/article_16230.shtml

The scholars of the
Standing Committee for Issuing Fatwas were asked: 

Is it permissible to vote
in elections and nominate people for them? Please note that our country is
ruled according to something other than that which Allaah revealed? 

They replied: 

It is not permissible for a
Muslim to nominate himself in the hope that he can become part of a system
which rules according to something other than that which Allaah has revealed
and operates according to something other than the sharee’ah of Islam. It is
not permissible for a Muslim to vote for him or for anyone else who will
work in that government, unless the one who nominates himself or those who
vote for him hope that by getting involved in that they will be able to
change the system to one that operates according to the sharee’ah of Islam,
and they are using this as a means to overcome the system of government,
provided that the one who nominates himself will not accept any position
after being elected except one that does not go against Islamic sharee’ah.
End quote. 

Shaykh ‘Abd al-‘Azeez ibn
Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan,
Shaykh ‘Abd-Allaah ibn Qa’ood. 

Fataawa al-Lajnah
al-Daa’imah (23/406, 407 

They were also asked: 

As you know, here in
Algeria we have what are called legislative elections. There are parties
which call for Islamic rule, and there are others that do not want Islamic
rule. What is the ruling on one who votes for something other than Islamic
rule even though he prays? 

They replied: 

The Muslims in a country
that is not governed according to Islamic sharee’ah should do their utmost
and strive as much as they can to bring about rule according to Islamic
sharee’ah, and they should unite in helping the party which is known will
rule in accordance with Islamic sharee’ah. As for supporting one who calls
for non-implementation of Islamic sharee’ah, that is not permissible, rather
it may lead a person to kufr, because Allaah says (interpretation of the
meaning): 

“And so judge (you O
Muhammad صلى الله عليه وسلم) among them
by what Allaah has revealed and follow not their vain desires, but beware of
them lest they turn you (O Muhammad صلى الله
عليه وسلم) far away from some of that which Allaah has sent down to
you. And if they turn away, then know that Allaah’s Will is to punish them
for some sins of theirs. And truly, most of men are Faasiqoon (rebellious
and disobedient to Allaah).

50. Do they then seek
the judgement of (the days of) Ignorance? And who is better in judgement
than Allaah for a people who have firm Faith”

[al-Maa'idah 5:49-50]. 

Hence when Allaah stated
that those who do not rule in accordance with Islamic sharee’ah are guilty
of kufr, He warned against helping them or taking them as allies or  close 
friends, and He commanded the believers to fear Him if they were truly
believers. He says (interpretation of the meaning): 

“O you who believe! Take
not as Awliyaa’ (protectors and helpers) those who take your religion as a
mockery and fun from among those who received the Scripture (Jews and
Christians) before you, and nor from among the disbelievers; and fear Allaah
if you indeed are true believers”

[al-Maa’idah 5:57] 

And Allaah is the Source of
strength. May Allaah send blessings and peace upon our Prophet Muhammad and
his family and companions. End quote. 

Standing Committee for
Academic Research and Issuing Fatwas 

Shaykh ‘Abd al-‘Azeez ibn Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan 

Fataawa al-Lajnah al-Daa’imah (1/373).

Advice to the Muslims in Finland

 

We are a Muslim community of 35 000 to 40 000 members including all different sects. The people who make statistics do not make a difference between a Shiite, bahaa’i, Habashi and a Sunni! These Muslims are assimilated in a Christian country of around five million citizens. Even the flag of the country presents the symbol of Christianity, which is the cross. During these last months one group of recently converted Muslims (Sunnis) formed a political party and as their goals they have e.g. trying to stop selling alcohol in the shops, and they went even further to claim that they want to establish sharee’ah in this Christian country! It has to be taken in consideration that the Muslims do not have even their complete usual rights like own graveyard, right to do ritual sacrificing of animals and so on! Before we had a graveyard but it became full and because some errors had been committed in its handling additionally there is also some differing between the parties who will take charge of it, the authorities profited from all of that and made it difficult for us to have a new graveyard! So now if some one dies, he is buried in the same graveyard with the Christians and atheists!!! These recently converted Muslims try to be united between each other and to be far from the qabaliyyah and hizbiyyah of the Somalis, and far from the “talks of the Arabs and their assimilation”. Now the media is focusing on Islam and Muslims here in a negative way by bringing up subjects as: - Divorce is in the hand of the man and the women can not get her complete rights and be free in Islam if she does not want to stay married to her husband… - Corporal punishment of children in homes (because it is a crime in this country if you slap your children) - Muslim families try to isolate their children from the society and not let them to participate in swimming hours (boys and girls together) and attending the music hours… - And whether Muslims would like to follow Islamic law or the law of the country. The goal of the media is to distort the image of Islam and to grow hatred in the chests of the common people for they will hate Islam and Muslims: common people usually complain that we are taking their money and enjoying their services and now they will add to that the claim that we would like to apply here Sharee’ah which we do not even apply in our home countries! And among the Muslims those who practise their religion are a minority while the majority has become assimilated!!! The media and the researchers base their research results on the opinions of every Tom, Dick and Harry i.e. every common ignorant person is qualified to answer. Especially when the most of people nowadays are just running after fame and worldly gains and are enough fed up with their origin and their home countries which neglect their rights and do not appreciate them as citizens. So the appreciation of non-Muslims can make them to take whatever steps … even we heard some who gave up Islam for Christianity! When the head of this group that formed the political party was advised concerning the steps that he is taking, he merely answered that he is trying to get publicity to Islam… (this person was active in politics already in his youth). Now we ask from you to give a general advice to the Muslims in this country and especially to these recently converted Muslims, and to remind us all of our duty in a non-Muslim society and towards its citizens and authorities and to draw for us our limits for we will not be as a hammer that will be used to destroy our own homes or at least not to be a cause to stop even these few rights we enjoy because not everyone has got the possibility to emigrate to an Islamic country. Please if you need more details about the subject you can contact us and we will be pleased to give you more detailed information. I wish to get a quick answer still when there is time to lock doors of evil and before it is too late! Wa jazaakumullaah khayran! There can be some mistakes in our expressions and you are allowed to drop such things that do not fit da’wah and to shape it in the way that you want. The thing that concerns us is to get a complete advice.

Praise be to Allaah.

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.

Muslim taking part in elections with non-Muslims

 

Is it permissible for a Muslim who is living in a non-Muslim country to take part in their elections?.

Praise be to Allaah.

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: 

Praise be to Allaah 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.