Archive for the ‘Fatwa’ Category

Friendship Between a Muslim and a Christian

Q – What is the ruling of the shari`ah concerning friendship between a Muslim and a Christian? Let me point out that it involves neither pledge of alliance nor disobedience to Allah. I always talk to my Christian friend about Islam and she shows interest, though I believe that her conversion to Islam will not be easy. Allah knows best.

A- All praise is due to Allah. There is no harm in this, insha’ Allah (if Allah so wills). Almighty Allah said “Allah does not forbid you from [honorable relationships with] those who have not fought you over your religion, nor expelled you from your dwellings – that you relate kindly and equitably with them. Indeed, Allah loves those who are just.” According to the majority of scholars, this verse is perspicuous and is not abrogated. Thus, it is virtuous to treat them kindly and equitably. This indicates that friendship is permissible as long as this does not involve loving them for their creed. With regard to building relationships based on worldly matters, Almighty Allah orders kind treatment to unbelieving parents “And keep company with both of them in this world, in accordance with what is right.” [31:15]
In an authentic hadith, the Prophet (peace and blessings be upon him) said to Asma’, when her unbelieving mother came to her: “Have good ties with your mother.” [Reported by al-Bukhary (2620) and Muslim (1003)] Thus, if the relation and friendship are not in matters of creed, they are not considered to be from the alliance forbidden by Almighty Allah. Therefore, there is nothing wrong in this relationship, provided that you have a good intention and you attempt to guide here and help her by being a good example and having good manners. This, rather, will be a form of calling others to Islam. Allah knows best.

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Rights of Scholars in Islam

In the name of Allah, the All-Merciful, the One Who gives Mercy. Peace be upon you. The mischievous practice of defamation has gone widespread among the youth. There is no scholar or student of knowledge but that they have disparaged and discredited him, though they claim to follow the approach of salafiyyah (adherence to the scholarly methodology of early pious Muslims). How can we deal with these pretenders who are disguised in the cloak of the salafiyyah and wrongly attribute themselves to it? Is there any comprehensive definition of salafiyyah? What is your opinion with regard to the approach of making a balance judgment?

All praise is due to Allah Alone. Peace and blessings be upon the Messenger of Allah. And upon you be the peace, along with the mercy and blessings, of Allah.
The question has several aspects. Thus, it will be more suitable to talk about them one by one:
The first aspect is about defaming scholars. This is undeniably impermissible. Scholars, particularly practicing ones, are the best among the believers. Almighty Allah said “Those who malign the believing men and the believing women [by charging them] with [any wrongdoing] that they have not earned, all of these truly bear the burden of [committing both a grave] calumny and a clear sin.” [33:58]. They are believers and thus it is not permissible to hurt them or slander them. Such defamation is not appropriate; especially when it is done by young persons with little knowledge and a weak understanding. So, they should not defame scholars or monitor their words and acts until they reach such a level of knowledge and insight that allow them to distinguish the good from the evil, the sheep from the goat, and right from wrong. The way to deal with these people is to educate them and ask them to study fiqh and to learn. If man does not equip himself with fiqh, he will wander blindly.
Thus, I advise all our brothers and youth to seek knowledge, because there is no alternative to knowledge. When you learn, you will know the truth. Ali, the commander of the believer, (may Allah have mercy with him) said “Know men through the truth but never know the truth through men.” This is what he said when a man said to him, “Do you believe that Talha and Al-Zubayr were wrong?” To which he also replied, “You are a man who is confused.”
Ignorance is the reason. One needs to learn the Quran, the Sunnah, scholarly difference of opinions, controversial issues, and issues that have gained consensus. Then he becomes insightful and becomes able to distinguish the truth from a lie, or realize that all opinions are acceptable. Many of the differences of opinions among scholars are praiseworthy, as the erudite scholar Ibn al-Qayyim said. Difference of opinions is one of the laws of life. We need to be broad minded. We should teach them fiqh and the reasons of scholars’ difference of opinions, hoping that they become insightful and cure their ignorance and, at sometimes, extremism.
The second aspect is related to Salafiyyah. Salafiyyah is a term that denotes referring to the salaf. Of course, as far as I know, there is no comprehensive and agreed upon definition. We, rather, can say that salafiyyah is an ideology or a school of thought and creed that adopts adherence to the methodology of the salaf with regard to negating any allegorical interpretation of the divine Attributes, sticking to the texts of the Quran and the Sunnah, and avoiding innovative religious practices. These are approximately the broad lines of salafiyyah, without delving into such details that may lead to controversial issues.
Thus, a salafi person avoids innovative religious practices, denying the classification of innovative religious practices into good and bad forms. He rather deems all innovative religious practices as bad. This school also rejects any allegorical interpretation with regard to the divine Attributes found in the texts of the Quran and the Sunnah. It disallows discussing them and deals with them as they are (without delving into them), as reported from Imam Ahmad (may Allah have mercy with him). But there is a variance inside the school between those who strictly stick to the apparent meanings and those who adopt a less strict attitude. These, in general, are the broad lines.
The third aspect is about making balanced judgments, which has its origin in the Book of Allah. Almighty Allah says “They ask you about intoxicants and gambling. Say: In both of them there is a great sin and some benefit for people. Yet their sin is greater than their benefit.” [2:219] This is a basis for balancing between any benefits and harms, sins and profits. On this basis, scholars have established how to balance between different harms, telling us to take the lesser of two evils, the lesser of two harms, the lesser of two prohibitions, or the lesser of two undesirable acts.
Ibn Taymiyyah said, “If there is no other way, the lesser of two undesirable acts or the lesser of two evils should be given precedence.” Ibn al-Qayyim gave a lengthy discussion on this point and so did al-Shatibi in al-Muwafaqat. Scholars do not differ over this rule, though they may differ over its finer details and examples of it. Therefore, the presence of benefits and harms in a situation is inevitable. There is nothing in this life but it has benefits and also harms. Al-Shatibi said “There is no benefit in this world that is totally harmless.” He means people’s customs and transactions. There is also no harm that is totally profitless. However, consideration is given to the preponderating aspect, be it the benefit or the harm, the sin or the profit, as indicated by the noble verse. Thus, making balanced judgments is valuable and no jurist can have a subtle understanding of fiqh unless he knows that there are different levels for prohibited matters.
These are the words of al-Shatibi (may Allah have mercy with him). There are also different levels for obligations. Some obligations can be neglected for some benefit. Some prohibitions can be neglected for another benefit. There are many examples of this, such as abstaining from rebelling against rulers, even if they are unjust and wrongdoers. This is the position of ahl al-Sunnah (those who adhere to the Sunnah) (may Allah have mercy with them). Why is this so? It is so because this will lead to harmful consequences. We cannot take into consideration any benefit if its harm could be more preponderant. There is what is called the negligible benefits, which should not be taken into consideration.
Benefits are either considerable or negligible; and such consideration of benefits differs. There are three different suitable attributes considered in the shari`ah text; the effective suitable attributes, the appropriate suitable attributes, and the unrestricted suitable attributes, which the shari`ah attests neither to its suitability to be considered nor to its negligibility.These are the balancing criteria with regard to what are called the suitable attributes, which are based on the consideration of any benefits; namely, the ruling that is when it is built on the attribute a benefit of the same kind of the benefits that the lawgiver cares for their achievement ensues or a harm of the same kinds of the harms that the lawgiver cares for their avoidance ensues.
This is a lengthy discussion for which one needs to review the books of the scholars of usul al-fiqh (the principles of Islamic jurisprudence) along with the chapter we wrote on the unrestricted public interest. Allah knows best.

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Women Praying with Men

In the Name of Allah. Peace and blessing be upon our Prophet Muhammad and upon his family and his companions, all of them. Peace be upon you, along with the mercy and blessings of Allah. I live in a western country in a community with a good number of Muslims. Praise is due to Allah! We have a mosque where there is a place for women. But sometimes a woman or two come and pray with us in the place dedicated for men. Is this permissible? What is the ruling of this case, considering that there is no curtain between us and them? May Allah reward you! Peace be upon you as well as the mercy and blessings of Allah.

All praise is due to Allah alone. Peace and blessings be upon the Messenger of Allah. And upon you be peace, together with the mercy and blessings of Allah. The basic principle is that a woman has to pray in the lines of the women. Having a curtain is not a condition, but it is more proper to have a curtain or a screen. In the time of the Messenger of Allah (peace and blessings be upon him) women prayed behind men, as mentioned in the authentic ahadith, without screens or curtains. Sometime men’s clothes were not long enough and women were ordered not to raise their heads from prostration until men raised their heads first. There are undeniable hadiths to this effect. See Musnad Ahmad (22911), Saheeh al-Bukhary (362), Saheeh Muslim (441.)
Moreover, in the noble Two Holy Mosques women pray in the lines behind men. But if a woman prays in the same line with men, this is not permissible. The point concerning the permissibility of women to pray behind men without a curtain is based on the purity of souls and the avoidance of dubiousness. Thus, women have to pray in the places dedicated for them, whether behind a curtain or not. If a woman prays isolated from men’s lines, her Prayer will be valid. But she should not mingle with men or be allowed to join their lines. Allah knows best.

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When can a Muslim use violence?

When can a Muslim use violence?

All praise is due to Allah. Peace and blessings be upon him after whom there will be no other prophet. Violence is not required or desired in Islam. The Prophet (peace and blessings be upon him) said, “The Muslim is the one from whose hand and tongue Muslims are safe.” Reported by al-Bukhary (10) and Muslim (40) on the authority of Abdullah ibn `Amr (may Allah be pleased with them). He also said (peace and blessings be upon him), “The Muslim is the one from whose hand and tongue Muslims are safe; and the believer is the one with whom people feel secure with regards to their blood and properties.” [Reported by al-Nasa’I (4995) al-Termidhi (2627) and others on the authority of Abu Hurayrah (may Allah be pleased with him)]
Thus, the culture of Islam is the culture of peace, not the culture of violence and aggression. Nevertheless, violence could be used. When there is aggression, one can fight back. Almighty Allah said “And whoever avenges himself after having been wronged – those have not upon them any cause [for blame]. The cause is only against the ones who wrong the people and tyrannize upon the earth without right. Those will have a painful punishment. And whoever is patient and forgives – indeed, that is of the matters [requiring] determination. [42:41-43] Violence is permissible only within the limits of resisting aggression. But if one remains patient when hurt and does not repay it back, he is described by Almighty Allah as complying with one of the foremost commandments of Allah that must be kept with diligent resolve.
Violence is not the basic principle in this religion. The basic principle is to call to the religion with fair means “Call to the path of your Lord with wisdom and fair admonition. And argue with them in the fairest manner. Indeed, it is your Lord who knows best those who have strayed from His path; and He knows best those who are guided aright.” [16:125] One more point I want to draw attention to is to ask the questioner: Violence with whom? Against whom? And in which context? These are very important points. It is necessary to balance between the possible benefits and harm when using violence. How many a case of violence led to more violence, and thus the reaction goes on endlessly! This violence then will be sinful and the others will have their share also in the sin of this violence; particularly violence directed to the ruler.

In Saheeh Muslim (1847) the Messenger of Allah (peace and blessings be upon him) is reported to have said to Hudhayfah ibn al-Yaman (may Allah have mercy with him) “You shall listen and obey the commander. Even if he beats your back and takes your properties, you have to listen and obey.” This is because such kind of violence leads to more violence and chaos. Thus, violence is permitted only in certain and regulated cases in Islam and is not the basic principle in Islam. Rather, the culture of tolerance is the basic principle.

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Giving a Covenant of Security to Non-Muslims

Is it permissible for the ruler to give the non-Muslims a covenant of security to be under the protection of the Muslims, though they came to our countries to kill other Muslims? May Allah reward you.

All praise is due to Allah alone. Peace and blessings be upon the Messenger of Allah. This question needs delineation:
First, if we are to be sincere to the Muslims, we should lay emphasis on some points: the ruler is authorized to give security pledges and covenants to all or some of the non-muslims, because he is responsible for considering any benefits or harm, facilitating the first and keeping away the latter. This point is beyond any controversy. In this regard one can refer to books such as al-Mughny by Ibn Qudamah, the explanation of the Quran by al-Qurtuby, and others.
It is not a condition that the one who rules over the Muslims be observant of the night Prayer or voluntary fasting. It is enough that he gains power through people’s swearing alliance and obedience to him (bay`ah), being the crown prince (wilayat al-`ahd), or taking power by force. This is the juristic position of ahl al-Sunnah (those who adhere to the Sunnah). Such a ruler can give a security pledge without any time limit based on his consideration of the interests of the public. This is the first point I wanted to make clear.

The second point is that when the ruler gives a pledge of security, we should assume that he intends to achieve some benefit; because people should be considered to be basically peaceful and honest, not aggressive. Thus, we should believe that they made any pledge for some benefit that the people may have been unaware of; namely, it could have been unavailable or unclear to the people, either to achieve a benefit or to avoid some harm. So let us construe their deeds this way.
The third point is that if we presume the truthfulness of the questioner’s words who said that they (the unbelievers) had the intention to kill the Muslims, such a covenant would not be permissible. But at the same time this does not give permission for the questioner to rebel against the ruler and launch a war against both the Muslims and the non-Muslims.
Therefore, we ask: What is the result of this covenant of security? Is it to prevent killing and fighting? We advice the questioner to be occupied only about his own concerns and to busy himself with worshiping Almighty Allah and amending his religious and worldly affairs, and not to drive himself or others into a whirlwind that will bring nothing but the destruction of his religious and worldly affairs, and the loss of this world and the Hereafter.
We give this sincere advice for the sake of Almighty Allah who said, “So fear Allah as much as you can” And the Prophet (peace and blessings be upon him) said, “Whoever among you sees an evil practice ought to change it with his hand. If he cannot, let it be with his tongue….” [Reported by Muslim (49)] What does “If he cannot” mean? It means: If changing the evil with your hand will lead to disastrous consequences, change it with your tongue.
Moreover, if your tongue will lead to corruption and enormous losses, you may change it with your heart, particularly with regard to matters that you cannot be fully aware of. You said that they had the intention to kill Muslims. Who told you that they had this intention?
We advice our young men, as well as all the Muslims, to be wise and not to become hardheaded. They should not entertain ill thoughts or become engaged in a series of violence and a whirlwind of destruction that destroys the homes of the Muslims’ themselves and may not cause any great harm to the non-muslims. For Muslims will then kill one another and will kill those under the pledge of security whose killing Allah has prohibited and whom Allah has protected their blood from the Muslims. This is our advice.
Almighty Allah knows best

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