Is the issue of obedience to the rulers and the impermissibility of rebelling against an oppressive ruler considered a mas’alah khilāfiyyah?
Question: One of the students of knowledge says that it is permissible to make Khuruj against a sinful ruler, but with two conditions: firstly, the ability to do so and secondly being certain that the harm will be lesser than the benefit, and he says that this is the methodology of the pious predecessors…..
The beautiful response of the Imam, rahimahullah, here:
The Imam, may Allah have mercy upon him, also said:
Regardless of the type of fusuq, it is not permissible to revolt against the rulers. Whatever it may be, even if they kill, drink alcohol, commit adultery, or engage in sodomy, it is not permissible to rebel against them, because the Messenger said [that rebellion is only justified upon seeing] “clear, manifest disbelief” (kufran bawāhan): something explicit and unambiguous, leaving no room for interpretation or doubt.
For if the matter is open to interpretation or doubt, then perhaps those who committed what appears to be manifest disbelief did so out of ignorance or through an erroneous interpretation. For this reason, Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him, said in his al-Risālah al-Mardīniyyah that Imam Ahmad, may Allah have mercy on him, held that the doctrine of al-Ma’mun and those like him that the Qur’an is created is disbelief. Yet he did not declare al-Ma’mun himself to be a disbeliever; rather, he would supplicate for him and ask Allah to have mercy upon him.
This is what Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him, said. Therefore, it must be manifest and unequivocal, with no possibility of interpretation, ignorance, or anything similar. (Paraphrased)
https://alathar.net/home/esound/index.php?op=codevi&coid=30545
Al-Allamah Rabee Bin Hadi Al-Mad’khali, may Allah have mercy upon him, said:
فإن الإسلام لِكمال هديه وكمال حِكمته يمنع الخروج على الحكام وما
يؤدي إلى الخروج، ويأمر بالنصيحة والموعظة الحسنة النافعة بالطرق
الحكيمة البعيدة عن الإفساد والمفاسد
For indeed, Islam – due to the perfection of its guidance and wisdom, prohibits revolting against rulers and that which leads to revolt. It commands sincere advice, fine, beneficial admonition, through wise methods that are far removed from Ifsaad (causing corruption) and Fasaad (corruption).
كلمة عن الأحداث والمظاهرات والخروج على الحكام
Response to the one who says that khuruj against an unjust ruler is a Mas’alah khilafiyyah!
By Al-Allamah Abdul Muhsin Al-Abbad Al-Badr, may Allah preserve him.
Sufyan Bin Uyaynah, may Allah have mercy upon him, said:
When Umar bin Abdil Aziz, may Allah have mercy upon him, was appointed the khaleefah, he reached out to Muhammad Bin Kab, Rajaa Bin Haywah, and Salim Bin Abdillah, may Allah have mercy upon them, saying: “You witness the trial I face and it has fallen upon me, therefore, what do you advise?”
Muhammad Bin Kab said, “Regard the elderly as your own father, treat the youth as your brother, and care for the young ones as your own children; therefore, be good to your father, maintain strong bonds with your brother, and be compassionate towards your child”.
Rajaa said, “Wish for the people what you wish for yourself, detest for them what you detest for yourself, and interact with them in a manner that you would appreciate in return.”
Salim said, “Focus on one matter by diminishing the desires of worldly life and let your natural inclination lead you to contemplate death.” Umar proclaimed, “Laa Hawla Walaa Quwwata Illaa Billaah”. [1]
Imam Abdul Azeez Bin Baaz, may Allah have mercy upon him, was asked: “The worst scholars are those who approach (visit) the rulers”. What is the level of authenticity of this hadith?
Response: I do not know about its authenticity, and if it were authentic, then it would imply an evil visit. If it is authentic, then it signifies a visit driven by vain desires, material wealth, and alignment with falsehood.
(But), if the scholars neglect the rulers, they will become corrupt. If the scholars neglect the rulers and isolate them, the state of affairs will become corrupted, and the rights of the people will be violated. Therefore, goodness and Maslahah (i.e. what will bring about welfare and repel harm) is that the scholars visit and guide the rulers, and the rulers seek Tawjeeh (guidance) from them, Irshaad (the upright path to follow in all affairs), advise them regarding the avoidance of injustice, support the oppressed, and prevention of injustice against them, just as the scholars -from the time of the companions to the present day ours- visit them.
As for the scholars abandoning and boycotting the rulers, and not visiting them, this is wrong – a blunder, and only those who do not know public welfare would suggest such a course of action. [paraphrased] [2]
[1] An Excerpt from Al-Bidaayah Wan-Nihaayah. Vol 9. Pages 193-202. Publisher: Maktabah Al-Ma’aarif and Daar ibn Hazm. 9th Edition. 1414 AH (1994)
[2]
ما صحة حديث: شرار العلماء الذين يأتون إلى الأمراء؟
الجواب:
ما أعرف له صحة، ولو صح فالمقصود زيارتهم الخبيثة، لو صح، فالمراد بالزيارة التي للشهوة، والمال، والموافقة على الباطل.
وإذا أهمل العلماء الأمراء؛ فسدوا، إذا أهمل العلماء الأمراء، وانزووا عنهم؛ فسد الأمر، وضاعت الحقوق، فالمصلحة، والخير في أن يزورهم العلماء، ويرشدوهم، ويطلبوا منهم التوجيه، والإرشاد، والنصيحة عن الظلم، ونصر المظلومين، وإزالة الظلم عنهم، كما زارهم العلماء سابقًا من عهد الصحابة إلى يومنا هذا.
أما كون العلماء يتركونهم، ويهجرونهم، ولا يزورونهم؛ فهذا خطأ، هذا غلط، لا يقوله إلا الجهلة الذين لا يعرفون المصالح العامة
https://binbaz.org.sa/fatwas/1913/%D8%A7%D9%84%D8%AD%D9%83%D9%85-%D8%B9%D9%84%D9%89-%D8%AD%D8%AF%D9%8A%D8%AB-%D8%B4%D8%B1%D8%A7%D8%B1-%D8%A7%D9%84%D8%B9%D9%84%D9%85%D8%A7%D8%A1-%D8%A7%D9%84%D8%B0%D9%8A%D9%86-%D9%8A%D8%A7%D8%AA%D9%88%D9%86-%D8%A7%D9%84%D8%A7%D9%85%D8%B1%D8%A7%D8%A1
The Mufti, Al-Allamah Salih Al-Fawzan, may Allah preserve him, was asked:
How do we reconcile the Hadith “Whoever is killed while protecting his property, then he is a martyr” (1) and the Hadith: “You should listen and obey the ruler (i.e. when he commands good) even if he flogs your back and takes your wealth, then still hear and obey (i.e. when he commands good).(2)
Answer: “You should listen and obey the ruler even if he flogs your back and takes your wealth”, this is with the Muslim Ruler.
As for protecting one’s wealth, this is (done) with other than the Muslim Ruler. If an oppressor, a thief, a robber, or a highway robber wants to take your wealth, then you defend (yourself) even if you are killed. If killed, you are a martyr.
As for the Muslim Ruler, you do not resist. Even if your wealth is taken, you do not resist; rather exercise patience due to the greater evil (i.e. the greater evil that may come about due to fighting).
So there is differentiation between the Muslim Ruler and someone among the people.
Question:What do you say to the one who says: “Indeed the hadith (i.e. the above hadith) nurtures the Muslim upon weakness”.
Answer: The Hadith nurtures the Muslim upon obedience and strength. This is because obedience to the Muslim Ruler is Strength and not weakness. He leaves this (i.e. this fighting) for the sake of a universal good and unity of the Muslims.
The people of desires want to do away with the authentic proofs so that they can safeguard their views. This is their intention. They bring doubts in the verses and the ahadith in order to safeguard their deviated views.
Source: Explanation of the hadith: “We were in a state of ignorance p.46-47. Questions and Answers section
1. Al-Bukhari 2480
2. Muslim 4554 and Ibn Abee Aasim in As-sunnah 2/492 no:1026
خيانة السلطان
عن عبد الحميد بن عبد الله بن مسلم بن يسار قال: «لما حُبس ابن سيرين في السجن قال له السجان: إذا كان الليل فاذهب إلى أهلك فإذا أصبحت فتعال، فقال ابن سيرين: لا والله لا أعينك على خيانة السلطان» تاريخ بغداد للخطيب البغدادي (5/334).
شتان بين هذا المنهج المبارك القائم على الديانة والوفاء والورع وبين من لايبالي بشيء إلا ما أشرب من هواه.
ʿAbdul Ḥameed Bin Abdillah Ibn Muslim Ibn Yasaar, may Allah have mercy upon him, said:
When Ibn Seereen, may Allah have mercy upon him, was imprisoned, the prison warden said to him: “When it is night time, go to your family, and return when morning arrives.’ So, Ibn Seereen said: “No, by Allah! I will not assist you in betraying (or being treacherous to) the ruler”.
Tareekh Baghdad by al-Khaṭīb al-Baghdaadi 5/334)
How great is the difference between this blessed methodology—founded upon devotion to religion, fulfilment of obligations, and cautious piety—as opposed to the one who cares about nothing except what he has immersed himself in of his (vain) desires.
https://al-badr.net/muqolat/4018
Paraphrased
Abdur-Rahman Bin Samurah, may Allah be pleased with him, narrated that the Prophet, peace and blessings of Allah be upon him said:
“O Abdur-Rahman! Do not seek to be a ruler, for if you are given authority on your demand, you will be held responsible for it, but if you are given it without asking, you will be helped (by Allah). If you ever take an oath to do something and later on find that something else is better, then you should expiate your oath and do what is better”. [Al-Bukhari 7146]
The person who pursues authority and attains it will not find assistance. It is well known that holding authority comes with difficulties, so if one does not receive help from Allah, they will become ensnared by it and consequently lose both their worldly life and the afterlife. Hence, a sensible person refrains from seeking authority. However, if they are deserving and it is bestowed upon them without their request, then the truthful and trustworthy [Messenger] has assured them that Allah will assist them. [2]
Abu Hurairah, may Allah be pleased with him, reported that the Prophet, peace and blessings of Allah be upon him, said:
You people will crave leadership and it will be a thing of regret on the Day of Resurrection. What a nice wet nurse it is, yet how evil is the weaning!” [Al-Bukhari 7148]
“Leadership” includes the Greater leadership, which is the Khilafah, and the smaller one which is the governorship over some countries (or province). This is information given (by the Prophet about something) before its occurrence, and it has occurred as he stated.
“It will be a thing of regret on the Day of Resurrection” for those who did not act by what is obligated regarding it.
“What a nice wet nurse, yet how evil is the weaning”. Ad-Dawudi said, “A nice wet nurse in this worldly life, yet evil in the hereafter as one will be held responsible. It mirrors premature weaning, resulting in ruin (harm)”. Others said, “A nice wet nurse due to the attainment of status, wealth, influence, and the fulfilment of physical and illusory pleasures (that may lead one to be fully distracted by the material world), yet how evil is the weaning when separated from it by death or other means, and the consequences that follow in the hereafter.” [3]
Abu Musa, may Allah be pleased with him, reported: Two men from my tribe and I came to the Prophet [peace and blessings of Allah be upon him; one of the two men said to the Prophet: “O Allah’s Messenger! Appoint me as a governor,” and so did the second. The Prophet said:
“We do not assign the authority of ruling to those who ask for it, nor to those who are eager to have it.” [Al-Bukhaari 7149]
Abdur Rahman Bin Shumasa, may Allah have mercy upon him, said: I came to A’isha, may Allah be pleased with her, to inquire something from her. She said, “From which people are you?” I said, “I am from the people of Egypt”. She said, “What was the behaviour of your governor towards you in this war of yours?” I said, “We did not experience anything bad from him. If the camel of a man from us died, he would bestow on him a camel. If any one of us lost his slave, he would give him a slave. If anybody was in need of the basic necessities of life, he would provide them with provisions”. She said, “Behold! the treatment that was meted out to my brother, Muhammad Bin Abu Bakr, does not prevent me from telling you what I heard from Allah’s Messenger [peace and blessings of allaah be upon him]. He said in this house of mine, ‘O Allah! Whoever (happens to) acquire some kind of control over the affairs of my people and is hard upon them, be hard upon him, and who (happens to) acquire some kind of control over the affairs of my people and is kind to them, be kind to him'”. [Sahih Muslim 1828]
Regarding the statement of the Prophet: “O Allah! Whoever (happens to) acquire some kind of control over the affairs of my people and is hard upon them, be hard upon him, and who (happens to) acquire some kind of control over the affairs of my people and is kind to them, be kind to him”, Imam An-Nawawi [may Allaah have mercy upon him] said, “This is one of the strongest rebukes against causing hardship for the people and the greatest urge to be kind to them”. [4]
Abu Hurairah, may Allah be pleased with him, reported: One day Allah’s Messenger, peace and blessings of Allah be upon him, stood among us (to deliver a sermon). He talked about the misappropriation of booty, and declared it to be a serious matter and a grave sin. Then he said, “I shouldn’t find that any of you should come on the Day of Judgment with a growling camel mounted on his neck, and should appeal to me for help saying, ‘Messenger of Allah, help me’ and I should say, ‘I cannot avail you against Allah at all; I already communicated to you’. I shouldn’t find that any of you should come on the Day of Judgment with a bleating ewe mounted on his neck, and he should say to me, ‘Messenger of Allah, help me’ and I should say, ‘I cannot avail you against Allah at all; I conveyed to you’. I shouldn’t find that one of you should come on the Day of Judgment with a person crying loudly mounted on his neck, and he should say to me, ‘Messenger of Allah, help me’, and I should say, ‘I cannot avail you against Allah at all; I conveyed to you’. I shouldn’t find that any one of you should come on the Day of Judgment with fluttering clothes wrapped round his neck and he should say to me, ‘Messenger of Allah, help me’, and I should say, ‘I cannot avail you against Allah at all; I conveyed to you’. I shouldn’t find that any of you should come on the Day of Judgment with a heap of gold and silver placed on his neck and he should say to me, ‘Messenger of Allah, help me’, and I should say, ‘I cannot avail you against Allaah at all; I already conveyed to you (the warning from the Almighty)'”. [Sahih Muslim 1831]
Regarding the statement of the Prophet, “I cannot avail you against Allah at all”, Imam An-Nawawi [may Allah have mercy upon him] stated that Al-Qadhi, may Allah have mercy upon him, said that this means “(Cannot avail you against Allah) with regards to forgiveness and intercession, except by the will of Allah]”. This statement of the Prophet is (a manifestation of) anger towards this person – at first – due to his wrong deed, then thereafter the Prophet will intercede for all the Muwahhideen [i.e. those who died upon the creed of pure Islamic monotheism]. [5]
Adee Bin Amirah Al-Kindi, may Allah be pleased with him, said, “I heard Allah’s Messenger, peace and blessings of Allah be upon him, say, “Whosoever from you is appointed by us to a position of authority and he conceals from us a needle or something smaller than that, it would be misappropriation (of public funds) and will (have to) produce it on the Day of Judgment”. The narrator says: “A dark-complexioned man from the Ansar stood up – I can visualise him still – and said, ‘O Allah’s Messenger! Take back from me your assignment’. He said, ‘What has happened to you?’ The man said, ‘I have heard you say so and so’. He said, ‘I say that (even) now: Whosoever from you is appointed by us to a position of authority, he should bring everything, big or small, and whatever he is given therefrom he should take, and he should restrain himself from taking that which is forbidden'”. [Sahih Muslim 1833]
The Messenger, peace and blessings of Allah be upon him, said, “Any man whom Allah has given authority to look after the affairs of a people and he dies whilst not looking after them [in the manner obligated by Allah and His Messenger], he will not smell the scent of paradise”. [Sahih Al-Bukhari. 7150]
Imam Muhammad Ibn Salih Al-Uthaymeen [may Allah have mercy upon him] said:
This does not (only) refer to the Muslim ruler, his assistant or a minister, or the elders of a people; rather it applies even to a man in his house. If he dies and did not look after his family (in the manner obligated by Allah and His Messenger), Allah will prevent him from smelling the scent of paradise. And those who give their families games that corrupt manners and destroy belief, there is no doubt that they have not looked after their families (in the manner obligated by Allah and His Messenger in this affair). If they die whilst being upon this state, it is feared that Allah will prevent them from smelling the scent of paradise”. [6]
Imam Abdul Azeez Bin Baaz [may Allah have mercy upon him] said, “The sinners [i.e. those who die while committing sins lesser than shirk] are under the will of Allah. If Allah wishes, He will either punish them or forgive them straight away, or He enters them into hell for some time and paradise thereafter, just as Allah said:
إِنَّ ٱللَّهَ لَا يَغۡفِرُ أَن يُشۡرَكَ بِهِۦ وَيَغۡفِرُ مَا دُونَ ذَٲلِكَ لِمَن يَشَآءُ
Verily, Allah forgives not that partners should be set up with him in worship, but He forgives except that (anything else) to whom He pleases. [Surah An-Nisaa’ Aayah 48]
https://www.binbaz.org.sa/noor/2527
Obedience to The Rulers In Good and Not to Rebel Even When They Are Oppressive
Allah’s Messenger, peace and blessings of Allah be upon him, said, “Indeed, you will see Atharatan after me and affairs you’ll disapprove; they [i.e. the people] said, ‘What do you command us O Allah’s Messenger?’ He said, ‘Fulfil their rights [i.e. the rulers] and ask Allah for your rights'”.
Al-Allamah Zaid Bin Hadi Al-Madkhali [may Allah have mercy upon him] said:
This authentic hadith is related to the affair of the rulers- during the end of time – when they will give precedence to themselves through enjoyment of the worldly things and those under their authority will face harm, something of oppression and tyranny; so the Prophet [peace and blessings of Allah be upon him] guided and directed the people to fulfil the rights of the rulers; obey and listen to them in that which is good- whether it is during a time in which one is enthusiastic [to listen and obey them in what is good] or feeling lackadaisical- perform Jihad behind their banner against the enemies of the religion, establish the prayer and behave in a manner obligated by the Islamic legislation. They should not rebel against the ruler just because he is a sinner or an oppressor, nor refrain from giving him the rights obligated on them to give him; rather they should fulfil his rights just as the Prophet [peace and blessings of Allaah be upon him] commanded them, saying, “Fulfil their rights”.
Therefore, the ruler has rights that should be fulfilled by his subjects and the subjects also have rights to be fulfilled by the ruler. It is obligated on the ruler to fulfil their rights and it is obligated on them to fulfil his rights. However, if he [i.e. the ruler] falls short in something related to their rights, it is not permissible for them to [deliberately] fall short in fulfilling his rights. And due to the great importance of rulership and the rulers, indeed the Prophet commanded them to fulfil the obligation of As-Sam’i wat-Taa’ah [i.e. to listen and obey the ruler in good], refrain from disobedience [when commanded to do something good], supplicate to Allah to make their affairs easy and change their state of affairs to that which is good, aid them to fulfil their needs and those affairs they cannot do without.
This hadith contains a miracle of the Prophet, peace and blessings of Allah be upon him, and that is the fact that he clearly stated that during the end of time, the rulers will give precedence to themselves with something of wealth and worldly enjoyment, and others will be deprived of it. Also, there will be affairs which the people of sound judgement will reject. [So], when this era comes, it is obligated on them – those under the rulership of a Muslim ruler – to listen and obey in that which is good, fulfil the rights that have been obligated on them to fulfil and seek their rights from Allah – meaning: they supplicate to Allah to aid them in fulfilling their needs and facilitate them with ease in their affairs. And Allaah knows best. [7]
Strength and Security is Achieved Behind The Ruler
Abu Hurairah, may Allah be pleased with him] said:
The Prophet peace and blessings of Allah be upon him] said, ‘Verily, the leader is a shield behind whom they fight and he protects them. If he commands (people to) fear Allah [The Exalted] and justice, then he will have a reward. If he commands something else, then it will be against him’”. [Ṣaḥih Muslim 1841]
Regarding the Prophet’s statement, “The leader is a shield”, Imam An-Nawawi, may Allah have mercy upon him, said:
“He is like a shelter because he prevents the enemy from harming the Muslims, prevent the people from (harming) one another, protects the Muslim nation and the people fear his authority. And the meaning of the Prophet’s [peace and blessings of Allah be upon him] statement, “Behind whom they fight”, meaning, alongside him they fight against the disbelievers (i.e. those at war with his country), the rebels, the khaarijites and all the perpetrators of corruption and oppression”. [8]
Al-Allamah Salih Al-Fawzan [may Allah preserve him] stated:
Towards the end of the Messenger’s life, he admonished the people as occurs in the hadeeth of Irbad Ibn Sariyah [may Allah be pleased with him] who said, ‘The Prophet [peace and blessings of Allah be upon him] led us in prayer one day, then turned his face towards us and delivered a powerful admonition that made our hearts fearful and our eyes tearful. So, a man said, ‘O Messenger of Allaah! It is as if it were a farewell admonition, so what do you enjoin upon us?’ He said, ‘I advise you to fear Allaah and to listen and obey even if a slave is a leader over you. Verily, the one who lives among you after me will see a lot of differences, so adhere to my Sunnah and the Sunnah of the rightly guided khulafaa- adhere to it and bite onto that with your molar teeth (i.e. adhere to it firmly), and avoid the newly invented matters in the religion, because indeed every newly invented matter in the religion is an innovation in religion and every innovation in religion is misguidance'”.
In this command, the Prophet, peace and blessings of Allah be upon him, commanded us to fear Allah. At-Taqwah is a comprehensive word that covers all good qualities. And the meaning of Taqwah is a ‘means of protection between yourself and what you fear will harm you’. It is what shields you from danger, such as (something used) as a means of protection between your foot and the excessive heat on the ground, or (something) placed as a means of protection between you and an injurious thing, or a shield placed as means of protection between you and a weapon, or )something) placed as a means of protection between you and the cold or the heat. This (i.e. above examples) are related to tangible things. As for Taqwah (in the divine revelation it means) to protect yourself from the Anger of Allah, His punishment and the fire of hell, by carrying out His commands and keeping away from His Prohibitions. You cannot be protected from the punishment of Allah, His Anger and the Fire of Hell by fortresses, armies and garments; rather you can only be protected through Fear of Allah [Glorified and Exalted be He] by carrying out Allah’s commands and keeping away from His Prohibitions.
Leadership cannot be accomplished except by way of Sam’i wat Taa’ah (i.e. to listen to the Ruler and being obedient to him) even if he is an Abyssinian slave and does not command a person to disobey Allah. Therefore, the Leader of the Muslims is to be obeyed because there is an overriding benefit for the Muslims in doing so, in order to bring about unity. However, the exception is what the Messenger stated that ‘There is no obedience to the creation in disobedience to the Creator’. Therefore, the ruler is not obeyed in disobedience to Allah, but he is obeyed in that which is in opposition to sin. However, this does not mean that we come out and rebel if he commands disobedience; rather we do not obey him in sin, but we obey him in those affairs that do not involve sin'”. [9]
The Shaikh also stated:
Allah, The Most High, said:
وَإِذۡ قَالَ إِبۡرَٲهِـۧمُ رَبِّ ٱجۡعَلۡ هَـٰذَا بَلَدًا ءَامِنً۬ا وَٱرۡزُقۡ أَهۡلَهُ ۥ مِنَ ٱلثَّمَرَٲتِ مَنۡ ءَامَنَ مِنۡہُم بِٱللَّهِ وَٱلۡيَوۡمِ ٱلۡأَخِرِۖ
And (remember) when Ibrahim (Abraham) said, “My Lord, make this city (Makkah) a place of security and provide its people with fruits, such of them as believe in Allah and the Last Day.” [Surah Al-Baqarah. Ayah 126]
Indeed, he (Ibrahim- peace and blessings be upon him) gave priority to security over seeking sustenance because security is a necessity. Security is a necessity and the people cannot enjoy sustenance alongside fear; rather sustenance cannot be reached in the presence of fear. This is what the enemies desire- those who try to destabilise Muslim societies. They wish to disassociate the Muslims from their unity behind their Muslim rulers. This is what they desire – and they do not desire good advice (rectification etc) for the Muslims – in the name of fulfilling beneficial affairs, rectification, removal of oppression, and the like. All of this is lies and pretenses because if rulership slips away chaos will be at large, corruption will spread and the beneficial affairs which they say will be fulfilled will be non-existent. Corruption will be at large and there will not be rectification. Therefore, for this reason, there has to be rulership upon which the Muslims unite. Even if (such rulership) has shortcomings and negligence, the (people) should exercise patience because there is a prevention of that which is more severe and harmful in exercising patience. Shaikh Al-Islam Ibn Taymiyyah, may Allah have mercy upon him, said:
“It is not known of a group that rose against their Muslim Ruler, except that their state of affairs after his removal was eviler than their state of affairs whilst he was present”. This is something experienced at present! The rulers and heads of state who have been removed, what is the state of affairs of their countries after they were (removed)? There has not ceased to be fear, anxiety, chaos, bloodshed, etc. [10]
Supplicating For The Rulers
Imam Ahmad Ibn Hanbal, may Allah have mercy upon him, said: “I hold that the leader of the believers is to be obeyed (in good) in private and public, in my times of hardship and ease, in my times of enthusiasm and when I dislike doing something (i.e. something that’s not unlawful, but one does not like to do it, however he must do it in obedience to the ruler), and when others are given precedence over me. Indeed, I supplicate to Allah – night and day – for him to be successful and guided”. [11]
Abdus Samad Bin Yazid Al-Baghdadi, may Allah have mercy upon him, said: I heard Al-Fudayl Bin Iyaad, may Allah have mercy upon him, saying, “If I had a supplication that would be accepted, I would not make it except for the leader”. It was said to him, “O father of Ali! Why is that?” He said, “When I make it for myself, it would be only for me, but if I make it for the leader, the rectification (or righteousness) of the leader would consequently result in the rectification of the people and the country”. It was said to him, “O father of Ali! How is that? Explain this to us”. He said, “As for the wellbeing of the land, if the people are safe from the ruler’s tyranny, they will develop abandoned areas and settle in the land. And with regards to the rectification of the people, one observes the affair of a people among the ignoramuses and says, ‘They have been distracted by the pursuit of livelihood rather than seeking what will benefit them with regards to learning the Qur’an and other things’. So, he gathers them together in a house – fifty in number, less or more, and says to a man, ‘You have what will make your affair upright and teach these people their religion’. Then you’ll see what Allah, The Mighty and Majestic, brings forth from among them that would make the land righteous (and prosperous, thrive, flourish, etc) and that would return to them (i.e. they’ll receive its benefits). This would be the rectification of the people and the country”. Imam Ibn Al-Mubarak, may Allah have mercy upon him, kissed Imam Fudayl’s forehead and said, “O teacher of goodness! Who else (i.e. among us) would be able to (say or do) this better than you?!” [12]
Read: Tyranny of the ruler a reason for rebellion? https://www.abukhadeejah.com/the-tyranny-of-the-rulers-a-reason-for-rebellion/
Believer’s Bahaviour Towards Muslim Rulers: https://salafidawahmanchester.com/2021/02/10/believers-bahaviour-towards-muslim-rulers-advise-given-in-private-supplicate-for-them-and-refrain-from-rebellion-so-beware-of-spiteful-foreign-instigators-and-some-dangerous-social-media-networ/
[1] Sharh Sahigh Muslim. 12/177. Publisher: Dar Al-Kutub al-Ilmiyyah. 1st Edition 1421 AH (2000)]
[2] An Excerpt from Fat’hul Baari Sharh Sahih Al-Bukhari 13/153-155. Publisher: Daarus Salam. 1st Edition 1421H (Year 2000)]
[3] An Excerpt from Fat’hul Baari Sharh Sahih Al-Bukhari 13/155-156. Publisher: Daarus Salam. 1st Edition 1421H (Year 2000)]
[4] Sharh Sahih Muslim 12/179-180. Publisher: Dar Al-Kutub al-Ilmiyyah. 1st Edition 1421 AH (2000)]
[5] Sharh Sahih Muslim. 12/182. Publisher: Dar Al-Kutub al-Ilmiyyah. 1st Edition 1421 AH (2000)]
[6] at-Taleeq Alaa As-Siyaasah Ash-Shar’iyyah. page 35.
[7] at-Taleeqaat Al-Maleehah Alaa Silsilah Al-Ahaadeeth As-Saheehah. 1/142]
[8] Sharh Sahih Muslim 12/193. Publisher: Dar Al-Kutub al-Ilmiyyah. 1st Edition 1421 AH (2000)]
[9]https://salafidawahmanchester.com/2021/05/22/the-means-to-attaining-safety-or-salvation-for-the-ummah-by-al-allaamah-saaleh-al-fawzaan-may-allaah-preserve-him/
[10]https://safeshare.tv/x/GTWtXddir https://video.link/w/tr4U
[11] Al-Bidaayah Wan-Nihaayah 14/413
[12] Hilyah Al-Awliya 8/91
Al-Allamah Siddiq Hasan khan, may Allah have mercy upon him, said:
Neither is it permissible for a Mufti to act upon whichever opinion or view he wishes without first assessing which one is stronger and more correct, nor merely give it consideration because it is an opinion from an Imam or another perspective held by a group, thus, acting based on personal desires from other perspectives and opinions because he sees that the opinion agrees with his wishes and interests. This is forbidden according to the consensus of the scholars.
This is similar to the likes of that which Al-Qadhi Abu al-Walid al-Baji mentioned about some individuals in his era who positioned themselves to give fatwas. One of them would say: “What my friend deserves from me is that if he encounters a legal dispute or needs a fatwa, I provide him with a ruling based on the reports that suit him”. He said: “A person I trust (or consider trustworthy) told me about a situation where a group of muftis provided a ruling that would cause him harm, while he was absent. Then when he returned, he inquired directly. They said to him: ‘We were unaware it was you,’ and then they gave him the alternative opinion that benefited him. He said: “There is no difference among those scholars who are relied upon regarding the prohibition of this conduct.”
In summary, it is not permissible to act or issue fatwas in the religion ordained by Allah based on personal desire, selective choice, or catering to one’s interests, such that a person seeks out the opinion that suits his own aims or the aims of those he loves then acts upon it, gives fatwas with it, and judges by it; while against his opponent he gives the contrary ruling and fatwa. This is one of the most immoral types of immorality and among the gravest of major sins. And Allah is the One whose help is sought. [1]
Abdur-Rahman Bin Abee Layla, may Allah have mercy upon him, said:
I have met a hundred and twenty companions of the Messenger, peace and blessing of Allah be upon him, in this Masjid and not a single one of them would be asked about a hadith, except he wished that his brother would suffice him in (answering). Then the matter was assigned to a people who claimed knowledge at present. They give answers in matters which if presented to Umar Ibn Al-Khattab, may Allah be pleased with him, he would have gathered the (Sahabah of) Badr to consult them. (2)
Yahyah Ibn Sa’eed, may Allah have mercy upon him, said:
I heard Al-Qasim Ibn Muhammad, may Allah have mercy upon him, say: “A person lives his (whole) life being ignorant is better for him than giving Fatawa without knowledge”. (3)
Levels of The Scholars of Ijtihad
المرتبة الأولى: مرتبة المجتهد المستقل، وهو الذي يستقل في اجتهاده بمبادئ أصولية وقواعد عامة يبني عليها فقهه من غير أن يقلد أحداً في أصوله التي بني عليها استنباطه، ومثلوا لهذه المرتبة بفقهاء الصحابة والتابعين وأئمة المذاهب الأربعة وغيرهم ممن عاصرهم أو جاء بعدهم من مشاهير الأئمة
المرتبة الثانية: مرتبة المجتهد المنتسب وهو الذي يجتهد في الأصول والفروع كأهل المرتبة الأولى، لكنه غير مستقل في اجتهاده، وإنما يبني على أصول إمامه الذي ينتسب إليه فهو تابع له في المبادئ العامة في الاجتهاد مستقل عنه فيما عدا ذلك، وقد يختلف معه في أحكام المسائل الجزئية
المرتبة الثالثة: مرتبة المجتهد المذهبي وهو المجتهد المقيد، ويسمى أيضاً مجتهد التخريج، وهو الذي عرف قواعد إمامه في الاجتهاد فالتزمها واستطاع من خلالها استباط الأحكام في المسائل الاجتهادية
أي التي لم يرد فيها نص عن إمام مذهبه.
المرتبة الرابعة : مرتبة مجتهد الترجيح أو التنقيح، وهو الذي يقوم بالترجيح بين الآراء المروية في المذهب بناء على قوة الدليل، أو ملائعة التطبيق للعصر. ولا يأتي بقول جديد وإنما يرجح قولاً على آخر، إما لقوة الدليل، أو حسبما يؤدي إليه اجتهاده.
المرتبة الخامسة: مرتبة مجتهد الفتوى وهو الفقيه الحافظ المذهب إمامه ونقله وفهمه في المسائل والمشكلات ولديه قدرة على تمييز الأقوال القوية من الضعيفة، ويفتي الناس بالراجح أو المشهور من المذهب
Source: An-Nahj Al-Aqwaa Fee Arkaan Al-Fatwa pages 26-27. Introduction by Al-Allamah Abdul Aziz Aala Ash-Shaikh and Al-Allamah Salih Al-Fawzan (may Allah preserve them and other scholars of Ahlus Sunnah).
Caution Against The Path to False Views – By Imam Ibn Al-Qayyim, may Allah have mercy upon him
[ الرأي الباطل وأنواعه ]
فالرأي الباطل أنواع : أحدها : الرأي المخالف للنص ، وهذا مما يعلم بالاضطرار من دين الإسلام فساده وبطلانه ، ولا تحل الفتيا به ولا القضاء ، وإن وقع فيه من وقع بنوع تأويل وتقليد .
النوع الثاني : هو الكلام في الدين بالخرص والظن ، مع التفريط والتقصير في معرفة النصوص وفهمها واستنباط الأحكام منها ، فإن من جهلها وقاس برأيه فيما سئل عنه بغير علم ، بل لمجرد قدر جامع بين الشيئين ألحق أحدهما بالآخر ، أو لمجرد قدر فارق يراه بينهما يفرق بينهما في الحكم ، من غير نظر إلى النصوص والآثار ; فقد وقع في الرأي المذموم الباطل .
فصل .
النوع الثالث : الرأي المتضمن تعطيل أسماء الرب وصفاته وأفعاله بالمقاييس الباطلة التي وضعها أهل البدع والضلال من الجهمية والمعتزلة والقدرية ومن ضاهاهم ، حيث استعمل أهله قياساتهم الفاسدة وآراءهم الباطلة وشبههم الداحضة في رد النصوص الصحيحة الصريحة ; فردوا لأجلها ألفاظ النصوص التي وجدوا السبيل إلى تكذيب رواتها وتخطئتهم ، ومعاني النصوص التي لم يجدوا إلى رد ألفاظها سبيلا ، فقابلوا النوع الأول بالتكذيب ، والنوع الثاني بالتحريف والتأويل ، فأنكروا لذلك رؤية المؤمنين لربهم في الآخرة ، وأنكروا كلامه وتكليمه لعباده ، وأنكروا مباينته للعالم ، واستواءه على عرشه ، وعلوه على المخلوقات ، وعموم قدرته على كل شيء ، بل أخرجوا أفعال عباده من الملائكة والأنبياء والجن والإنس عن تعلق قدرته ومشيئته وتكوينه لها ، ونفوا لأجلها حقائق ما أخبر به عن نفسه وأخبر به رسوله من صفات كماله ونعوت جلاله ; وحرفوا لأجلها النصوص عن مواضعها ، وأخرجوها عن معانيها وحقائقها بالرأي المجرد الذي حقيقته أنه ذبالة الأذهان ونخالة الأفكار وعفارة الآراء ووساوس الصدور ، فملئوا به الأوراق سوادا ، والقلوب شكوكا ، والعالم فسادا ، وكل من له مسكة من عقل يعلم أن فساد العالم وخرابه إنما نشأ [ ص: 55 ] من تقديم الرأي على الوحي ، والهوى على العقل ، وما استحكم هذان الأصلان الفاسدان في قلب إلا استحكم هلاكه ، وفي أمة إلا فسد أمرها أتم فساد ، فلا إله إلا الله كم نفي بهذه الآراء من حق ، وأثبت بها من باطل ، وأميت بها من هدى ، وأحيي بها من ضلالة ؟ وكم هدم بها من معقل الإيمان ، وعمر بها من دين الشيطان ؟ وأكثر أصحاب الجحيم هم أهل هذه الآراء الذين لا سمع لهم ولا عقل ، بل هم شر من الحمر ، وهم الذين يقولون يوم القيامة : { لو كنا نسمع أو نعقل ما كنا في أصحاب السعير } .
النوع الرابع : الرأي الذي أحدثت به البدع ، وغيرت به السنن ، وعم به البلاء ، وتربى عليه الصغير ، وهرم فيه الكبير .
فهذه الأنواع الأربعة من الرأي الذي اتفق سلف الأمة وأئمتها على ذمه وإخراجه من الدين .
النوع الخامس : ما ذكره أبو عمر بن عبد البر عن جمهور أهل العلم أن الرأي المذموم في هذه الآثار عن النبي صلى الله عليه وسلم وعن أصحابه والتابعين رضي الله عنهم أنه القول في أحكام شرائع الدين بالاستحسان والظنون ، والاشتغال بحفظ المعضلات والأغلوطات ورد الفروع بعضها على بعض قياسا ، دون ردها على أصولها والنظر في عللها واعتبارها ، فاستعمل فيها الرأي قبل أن ينزل ، وفرعت وشققت قبل أن تقع ، وتكلم فيها قبل أن تكون بالرأي المضارع للظن ، قالوا : وفي الاشتغال بهذا والاستغراق فيه تعطيل السنن ، والبعث على جهلها ، وترك الوقوف على ما يلزم الوقوف عليه منها ومن كتاب الله عز وجل ومعانيه ، احتجوا على ما ذهبوا إليه بأشياء ، ثم ذكر من طريق أسد بن موسى ثنا شريك عن ليث عن طاوس عن ابن عمر قال : لا تسألوا عما لم يكن ; فإني سمعت عمر يلعن من يسأل عما لم يكن ، ثم ذكر من طريق أبي داود ثنا إبراهيم بن موسى الرازي ثنا عيسى بن يونس عن الأوزاعي عن عبد الله بن سعد عن الصنابحي عن معاوية { أن النبي صلى الله عليه وسلم : نهى عن الأغلوطات }
Source:
إعلام الموقعين عن رب العالمين
1/55
[1] Source: Dhakhr al-Muḥtī min Ādāb al-Muftī pages 98-99. 1st Edition 1441 (2020). Publisher: Maktabah at-Tawbah
[2] Sharhus Sunnah of Imaam Al-Baghawee: 1/305
[3] Kitab Al-Ilm by Abu Khaythama with the checking of Shaikh Al Albaani: Narration number 90. page 23
