Archive for the ‘Fatwa’ Category

Migration to a Muslim Country

We want to migrate to a Muslim country. How can we get out of a non-Muslim country to a Muslim one while the Muslim country does not accept us? The worst thing is that they prefer non-Muslims to work for them, though we have better qualifications. We want to stop paying taxes to them, because they use this money to strike the Muslims and also store it up for themselves. We want somebody to help us to migrate to a Muslim country.

All praise is due to Allah alone. Peace and blessings be upon the Messenger of Allah. This question has various aspects:
First, the questioner asks about how to get out of a non-Muslim country to travel to a Muslim one. It is known that this “how” is governed by systems, laws and customs. One needs a visa, job and other things that this site (Islamtoday) may not be able to provide for every Muslim who wants to leave a non-Muslim country to go to a Muslim one; because Muslim countries have their systems and authorities in this regard.
The other thing is that the questioner says that he does not want to reside in a non-Muslim country, which is a good feeling. However, we say to him, “Allah never tasks a soul beyond its capacity.” [2:286] If he can fulfill the rites of his religion and is able to worship Almighty Allah in such a non-Muslim country, he does not have to leave. Ibn Hibban reported (4861) with a trustworthy chain of narrations that the Prophet (peace and blessings be upon him) said to Fudayk, “O Fudayk! Duly establish the Prayer and shun evil, and you may dwell wherever you like in the land of your people.” One of the narrators thought that he said, “then you will be an émigré.” The tribe of Fudyk were non-Muslims and he dwelled with them. He came to ask about immigration. Therefore, therefore according to three imams and in mostly the three fiqh schools; namely, the Shafi`tes, the Hanilites and the Hanfites, if one is able to fulfill the rites of his religion, migration is not obligatory. Malik (may Allah have mercy with him) together with the Zahirites have different opinions. Thus the issue is broad. “Allah never tasks a soul beyond its capacity.” If he can go to a country where he can practice his religion better, this will be good. But if he cannot, he should know that the issue is broad. Some scholars, like al-Mawardy, maintained that if one can practice his religion, he should not even leave and should remain in the country; because if he leaves, the country will be void of Muslims. The issue is broad.
We ask Almighty Allah to grant success to us and to the questioner and to guide Muslim countries to receive Muslims instead of receiving others, and to hire them instead of hiring others, particularly those who are skilled and competent, as indicated in the question.
As for the issue of paying taxes to the non-Muslims, he ought to pay the taxes in order to protect himself and his property. There in no harm in this. Allah knows best

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Donations to Non-Muslim Organizations

Your eminence Sheikh! We are students who were sent to study in a Western country. We are responsible for an Islamic society in the university where we study. A number of the Muslims in the city (who are already few) have clothes and other things to donate. But there is no Muslim in our town who deserves such donations. We called a number of other Islamic societies in other towns but they could not come to us. From previous experience, we know that sending these clothes and items to the towns with larger Muslim communities is very expensive, while their value is not worth it. The brothers here ask your eminence if it is permissible to donate these items to non-Muslim societies; particularly the cancer society in the city, owing to the inability to give them to the needy Muslims. Please give us a fatwa. May Allah reward you.

All praise is due to Allah alone. Peace and blessings be upon the Messenger of Allah. It is permissible to give these things to needful non-Muslims. In a hadith we read, “For giving any living creature, there is a reward” [Reported by al-Bukhary (2466) and Muslim (2244)] Thus, this reward is due for helping all the creatures of Almighty Allah. Almighty Allah says “Thus they feed with food – despite of their own desire for it – the indigent, the orphan and the captive of war.” [76:8] It is known that the prisoner of war in this verse refers to a non-Muslim.
Nevertheless, Almighty Allah praised these persons for feeding the prisoner of war, even though he is a non-Muslim. Abu Hanifah (may Allah have mercy with him) said that Zakah could be given to non-Muslims – of course, he means those who live under a security pledge with the Muslims. Giving voluntary charity to the needy and the sick among the non-Muslims is rewardable, by the grace of Allah, and there is nothing that disallows it. In an authentic report we read that the mother of Asma’, daughter of Abu Bakr (may Allah be pleased with her), who was an unbeliever, came to her. Asma’ said to the Prophet (peace and blessings be upon him), “My mother came to me full of hope. Shall I keep ties with her?” He said, “Yes, keep ties with here.” [Reported by a-Bukhary (2620) and Muslim (1003)] He ordered her to keep ties with her although she was a non-Muslim. Being a non-Muslim does not make giving charity to them forbidden; particularly to the needy and the sick. Accordingly, if they truly cannot deliver these things and cannot sell them to transfer their value in money to the needy persons who deserve them, they may give them to these societies. This is something desirable and could help amend the relation between Muslims and others, manifest the tolerance and virtue of Islam, and show that Muslims aid all those in need, even if they are non-Muslims.
Allah knows best.

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Difference of Qur’an Commentators on Qur’an

Peace and blessings be upon you. My question is about a doubt raised about the Quran that was contrived by Christians and spread among the people. I hope you give an answer concerning it before an overwhelming mischief takes place. This doubt goes as follow:
Almighty Allah said, “If it had been from other than Allah, they would, most surely, have found in it much discrepancy.” It is known among the Muslims that there are differences of opinion concerning many of the verses of the Quran, which constitutes evidence, according to those who propagate this doubt, that the Quran is from other than Almighty Allah. How can we respond to this?

All praise is due to Allah. Peace and blessings be upon our Prophet Muhammad and upon his family and his companions. And upon you be peace, together with the mercy and blessings of Allah.
In the first place, this verse should be understood in a different way than the one adopted by such doubt-mongers. The issue has no relation with scholars’ difference of opinions concerning the indications of the verses of the Quran. It rather could be interpreted in either of three ways: first, discrepancy here stands for contradiction; for the Quran contains no contradiction. It enjoins absolute justice and excellence, and thus it includes no unfairness or injustice. Hence, the basic and major principles to which the Quran calls never differ, while if it were from other than Allah, whims would overcome man and he would enjoin good one time and evil another time. This is the first interpretation.
Second, had the Quran been from other than Allah, it would have differed from actual reality; that is, the information it gives would have differed from the reality of the matter it talks about. However, the Quran never has mentioned anything but it turned out to be so. It speaks to them about the disbelief and hypocrisy they harbor, and they know this for sure. They know that what the Quran warns them against is true. All that the Quran talks about is true, be it related to the conditions of the universe or to the actions of the people. Realities, experiences and the present always prove the truthfulness of the noble Quran. This has clearly manifested itself in the scientific miracles of the Quran and the Sunnah.
Third, had it been from other than Allah, you would have found it different from what it is. Since it is not different from what it is, we know that it is from Allah. This needs some reflection and subtle understanding. The meaning is that had this Book been from other than Allah, it would have been different from this noble Quran, as the Quran, like its Composer, is noble and excellent.
These are the three interpretations given by the exegetes to this verse, “If it had been from other than Allah, they would, most surely, have found in it much discrepancy.” [4:82] However, it is from Allah and thus there is no discrepancy in it. The issue, thus, has nothing to do with scholars’ difference of opinions over the verses of the Quran, the different indications of its words, or the different lengths of its chapters. All this is not intended by the noble verse. This is the answer to doubt raised about this verse. Allah knows best.

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Did Imam Ali Burn the Kharijites?

I read on a website that Ali ibn Abu Talib (may Allah be pleased with him) burnt some of the Kharitjites during his caliphate. But this made me confused due to the hadith we know where the Prophet (peace and blessings be upon him) forbad torturing others with fire since this is a sort of associating others with Allah. So how did Ali (may Allah be pleased with him) do this?

And upon you is the peace of Allah, together with his mercy and blessings.
This report was narrated by al-Bukhary (6922) on the authority of `Ikrimah who said: Heretics were brought before Ali (may Allah be pleased with him) and he burnt them. When Ibn `Abbas (may Allah be pleased with him) was informed about this, he said, “If I were in his place, I would not have burnt them for the Messenger of Allah (peace and blessings be upon him) forbad this saying, “Do not torment with the torment of Allah” and I would have killed them, for the Messenger of Allah (peace and blessings be upon him) said, “Whoever changes his religion, kill him.”” When a deviant group called al-Saba’iyyah, who were the followers of the Jewish `Abdullah ibn Saba’, went astray and believed that Ali (may Allah be pleased with him) was a god – we seek refuge with Allah from this – he (Ali) set them on fire and said, “When I saw such an enormous evil, I set them on fire and called.” Besides, this issue is a particular case that has no general application, as al-Shatiby said.
In general, there are many interpretations concerning this report, whether he burnt them after he had killed them, or he was just about to burn them but he did not. Whatever the case was, this was an opinion viewed by a companion that has nothing to do with associating gods with Allah. Burning a person is not permissible in the Shari`ah; but this does not amount to associating others with Allah. Associating others with Allah means to worship another god with Allah or to believe in other gods with Almighty Allah. Yes, the Prophet (peace and blessings be upon him) forbad burning others and said “None should torment with fire except Allah.” [Reported by al-Bukhary (3016)]
Yet, this does not mean that whoever burns others with fire is considered as associating others with Allah. It rather means that this punishment is a punishment in the Hereafter, not in this world. This is what we should believe. The issue has no relation to associating others with Allah. As mentioned above, this interpretation may prove untrue. Perhaps he intended to burn them but he did not or he intended to burn them after killing them. Even if he actually burnt them, this would be a kind of ijtihad from a companion that disagrees with the text. The ultimate reference is always to the text. Nonetheless, we have to believe that they acted according to their ijtihad and that they are illuminating guides.

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Ruling on Applying Man-Made Laws

What is the ruling of applying man-made laws? Can we charge the ruler who rules with man-made laws with disbelief?

In the name of Allah, the All-Merciful, the Mercy-giving. This issue is problematic and there has been much ado about it. In the past century fatwas were given in this regard. The issue should be dealt with in detail.
First, it is undoubtedly prohibited and an enormous sin to rule with man-made laws, and there are Shari`ah texts contrary to implementing these laws. In the Quran we read, “And judge between them by what Allah has sent down. Nor are you to follow their whims.” [5:49] “Is it, then, the judgment of ignorance that they seek? Yet, who renders a fairer judgment than Allah to a people who have certainty?” [5:50]
As for the charge of disbelief, this is something that cannot be definitely decided unless, along with ruling with these laws, there is explicit derision, degradation or belittling of the status of the Shari`ah. One says, for example, that the Shari`ah is not suitable to be applied, or similar words. But if one believes that the Shari`ah is true and everything else is not true, enacting such laws is not enough reason for the charge of disbelief, as it may be due to his inability, ignorance or imitation of others. Therefore, Ibn `Abbas (may Allah be pleased with them) said about the Quranic verse that reads, “And whoever does not rule by what Allah has sent down – then such as these are the non-muslims,” [5:44] that this is a lesser disbelief, and about the verse that reads, ” And whoever does not rule by what Allah has sent down – then such as these are the ungodly,” [5:47] that this is a lesser ungodliness, which means that it does not cast the person out of the fold of the religion. This is the position we adopt based on many scholarly statements including statements from Sheikh al-Islam Ibn Taymiyyah (may Allah have mercy with him).
`Adyy ibn Hatem said: I heard the Messenger of Allah (peace and blessings be upon him) reading from Bara’ah, “They have taken their rabbis and their monks as lords apart from Allah” [9:31] and he said, “They did not worship them, but if they made things lawful for them, they would deem it lawful, and if they made things unlawful for them, they would deem it unlawful.” [Reported by al-Termidhy (3095) and others] This is the indirect meaning of worshiping them. They changed the prescribed injunctions given in the name of the lawgiver insomuch that they declared as unlawful what the lawgiver made lawful and as lawful what the lawgiver made unlawful, attributing this to the Shari`ah, such as saying, for example, that the Prayer, Fasting or Zakah are not obligatory in the Shari`ah, or that committing enormous sins is permissible. But committing these enormous sins and letting others commit them is not a reason for disbelief, in itself.
This position is contrary to the position of some muftis and sheikhs in the past century who considered merely doing this as enough reason for the charge of disbelief. We verified this point in a separate study titled (al-Takfeer bi al-Hukm bi Ghayr ma Anzala Allah) in the Contemporary Fiqh Research Magazine. Besides, the charge of disbelief will lead to wars and will stir devastating mischief. It is rather better to educate people and draw their attention to the importance of the Shari`ah and the great benefits the Shari`ah provides. Many of the Muslim countries were colonized and thus they inherited the laws of the colonizers and unconsciously continued in this way, lacking the courage to change these laws.
Hence, we do not deem this as enough reason for the charge of disbelief unless it is accompanied by disparaging or deriding the Shari`ah, or by a deviant conviction. Peace and blessings be upon our Prophet Muhammad.

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