Reconciling the fact that the khaleefah should be from Quraysh with the hadeeth about obeying an Abyssinian slave

 

What is the understanding pertaining to the statement in the "Aqeedah " that the Khalifat belongs to the Quraish, how does the Hadith pertain to "Obey the Amir even if he be an Abysinnian with a head like a raisin", could you pls help us to reconcile this and may Allah guide us to accept the truth?

Praise be to Allaah. 

The hadeeth about the rulers being
from Quraysh is a saheeh hadeeth which was narrated through many isnaads.
The basic principle is that the leader should be from Quraysh. But in
the case where the khaleefah has seized power by force and is ruling
the people by force, the people have to obey him and it is haraam to
rebel against him, even if he is an Abyssinian slave as it says in the
hadeeth. 

Don’t be such a fanatic!

 

What is the ruling on a person who, when he is advised with regard to an action which goes against sharee’ah, immediately says, “Don’t be such a fanatic and so extreme; be moderate.” We hope you can explain what moderation is.

Praise be to Allaah. 

Whoever
is advised concerning something that is haraam according to sharee’ah,
so that he can avoid it or give it up, or is told of an obligation so
that he can fulfil it, then he says something like this, is doing wrong.
What he should do, if he is advised, is to thank the person who has
offered the advice, then he should look at himself and if the advice
was justified, then he should avoid the haraam thing and do what is
obligatory. As far as his comment “you are a fanatic” is concerned,
fanaticism, laxity and moderation are all to be understood in reference
to sharee’ah. Whatever is in accordance with sharee’ah is moderate;
whatever exceeds that is extreme and whatever falls short of that is
laxity. The standard in all cases is sharee’ah and the meaning of moderation
is that which is in accordance with the sharee’ah. Whatever is in accordance
with sharee’ah is moderate.

Appointing an ameer (leader)

 

What is the ruling on appointing someone
as an ameer when not travelling, such as when a group of young men are sharing a flat or
in a camp that is held within the city or elsewhere?

Praise be to Allaah.

The reports that have been narrated concerning
appointing an ameer refer specifically to when people are travelling, because when people
are travelling they need to be able to refer their opinions to a leader or ameer. But when
people are not travelling, usually each individual is busy with his own affairs and they
do not need an ameer.

But they may appoint someone to be the head of their society or group,
so if for example they are living in a flat, they may say” we need someone to
organize our affairs in this flat, so we will appoint So and so to be our head or
ameer.” Then they can discuss with him the running of this household’s affairs,
such as what kind of food to have, setting times of rest, deciding what needs to be
bought, and so on, so they discuss these things with him and agree to accept what he says.
This is correct, in sha Allaah.

 

Proportional representation in Islamic centers

 

Is proportional representation in Islam alowable or not.The situation is thus, if there are say 10 Muslim organisations(each with a differant
number of members) and they all join together to form one mother organisation so that they can co-ordinate between the Islamic work between each other. Is it
permissible that we catogorise the organisation according to their membership.
That is if one organisation has 1-100 members they get one vote, 101-200
members they get two votes and so on, Is this permissible in Islam? I hope you can answer this thank you

Praise be to Allaah.



There is no problem with this because it is a way of organizing things in order to reach the right
or better opinion, by using points to represent groups according to their size or number of
members. But you should know that a "one man one vote" system may be unfair if the people
involved are not equal in trustworthiness, ability, knowledge and experience that are necessary
for the kind of decision-making that you want to undertake. If they are equal or close enough,
then "one man one vote" is fair and wise. The people of authority (ahl al-hall wa’l-’aqd) in this
ummah are those who have knowledge and virtue, who are rational and wise, and who are
prominent and distinguished. These, not the ignorant masses whose opinion is worthless, are
the ones who select the khaleefah. May Allaah help you to do that which will please Him.

Muslim attitudes towards violence and how to react to kaafir aggression against the Muslim community

 

In view of the critical situation which we Muslims are now facing in America, with aggression – which may reach the point of killing – shots being fired at mosques, women with hijaab being harassed in the streets, assaults against Muslim students in schools and universities, persecution of some Muslim employees in their workplaces, all because of the recent events in which some Muslim persons are being accused of causing explosions in the capital and elsewhere, we want to ask whether it is permissible for us to forego praying in jamaa’ah or praying Jumu’ah in the mosque? And what about our women’s hijaab? And what is the ruling on us foregoing Islamic dress?

Praise be to Allaah and blessings and peace be upon the
Messenger of Allaah. 

What we have heard about what our Muslim brothers are
going through in kaafir countries in the north and the south, where
they are being harassed and persecuted for something in which they did
not take part and in which they played no role, is not strange, given
the wrongdoing and hatred of the kuffaar, even though they claim to
be the people of justice, fairness and freedom. What is the crime of
a Muslim woman who walks down the street in her hijaab? What is the
crime of a Muslim who leaves his home to go and pray, not to spread
mischief in the land? What is the crime of a Muslim employee who goes
to his company or a student who goes to his university or a schoolgirl
who is walking to her school, not going out to bomb and destroy? If
the western man in the street was fair-minded – at least with himself
– he would go and take revenge on the people who plotted and took part
in harming him. But one who does not fear God could do anything, and
the very least that the Muslims will be faced with is curses and insults.
Allaah says (interpretation of the meaning): 

“and you shall certainly hear much that will grieve
you from those who received the Scripture before you (Jews and Christians)
and from those who ascribe partners to Allaah; but if you persevere
patiently, and become Al-Muttaqoon (the pious) then verily, that
will be a determining factor in all affairs”[Aal ‘Imraan 3:186] 

Our attitude must be clear; we must explain to the kuffaar
the ruling of Islamic sharee’ah concerning harming and killing others.
We should tell them that Islam forbids harming innocent people in any
way, whether that involves harming their bodies, their wealth or their
honour. The Prophet

(peace and blessings of Allaah be upon him) said: “There should be neither
harming nor reciprocating harm.” It is not permissible to kill a kaafir
who is not hostile or who has a legitimate peace treaty with the Muslims;
rather treating a non-hostile kaafir with kindness is part of the Islamic
religion, especially if that is done to call him to Islam and soften
his heart (towards Islam). Allaah says (interpretation of the meaning): 

“Allaah does not forbid you to deal justly and kindly
with those who fought not against you on account of religion nor drove
you out of your homes. Verily, Allaah loves those who deal with equity”[al-Mumtahinah
60:8] 

At times of war against the kuffaar, it is not permissible
for a Muslim to deliberately kill a kaafir child or woman who is not
bearing arms against the Muslims or helping in the fight. It was narrated
that the Prophet

(peace and blessings of Allaah be upon him) said to the Muslim army:
“Go out in the name of Allaah and by the help of Allaah, following the
way of the Messenger of Allaah. Do not kill any old man, infant, child
or woman… spread goodness and do good, for Allaah loves those who do
good.” (Narrated by Abu Dawood, 2614; its isnaad includes Khaalid ibn
al-Faraz, of whom Ibn Hajar said in al-Taqreeb, he is maqbool
(acceptable) i.e., if there are corroborating reports) 

This is supported by the advice which Abu Bakr al-Siddeeq
(may Allaah be pleased with him) gave to the commander of his army:
“I advise you of ten things: do not kill a woman, or a child, or any
old person, or cut down any fruit trees…” (al-Muwatta’, 982,
Kitaab al-Jihaad). 

The kaafirs whom the Muslims fight and inflict harm and
loss upon are the kaafirs who fight the Muslims and drive them out of
their homes, or help to drive them out of their homes and punish and
mistreat them, and who stand in the way of calling people to Islam and
prevent people from following the path of Allaah, and prevent the spread
of Islam. Allaah says (interpretation of the meaning): 

“It is only as regards those who fought against you
on account of religion, and have driven you out of your homes, and helped
to drive you out, that Allaah forbids you to befriend them. And whosoever
will befriend them, then such are the Zaalimoon (wrongdoers
those who disobey Allaah).”[al-Mumtahinah 60:9] 

Such people are to be fought against when [the Muslims]
have the power to do so, and when fighting them and declaring jihad
against them is more likely to serve a purpose. But when you can achieve
your purpose with gentleness and kindness, it is not right to resort
to violence and force. Muslims should only use force when they are compelled
to, and as a last resort. They should not initiate fighting, unless
there is some cause on the part of the kaafirs, such as their fighting
the Muslims, or helping other enemies of the Muslims, or preventing
them from following the path of Allaah and establishing the law of Allaah
in the land. 

We should also remind these kaafirs of the massacres
which have been carried out and are still being carried out against
Muslims in all parts of the world, in Bosnia, Kosova, Chechnya, Palestine
and Kashmir, which are being supported by Jews, Christians and others.
Is the blood of the Muslims cheaper than the blood of others? Should
there be mourners for non-Muslims who are killed and not for Muslims
who are killed? 

Moreover, when the Orthodox Christians carried out massacres
in Bosnia and Kosova, in which the numbers of those killed exceeded
200,000, apart from those who were wounded or raped, and the economic
losses that resulted, did the Muslims in the Arab and Islamic countries
launch attacks against the Orthodox Christians who live in their countries,
or kill any of them, or open fire against their churches and subject
them to terror?! What does this tell you? 

It is very important for Muslims to explain these things
to non-Muslims, in order to establish proof against the kuffaar. This
is something that Allaah wants. Secondly, among the kuffaar there are
intelligent and fair-minded people, and people who are receptive to
the guidance of Islam; perhaps they will be affected by a clear explanation.
Thirdly, no Muslim should permit himself to be accused without explaining
his innocence. The distorted image of Muslims is one of the things that
is keeping the kaafirs away from the truth and being affected by the
Muslims; indeed it may make them treat the Muslims like outcasts, resulting
in additional wrongdoing towards the Muslims. 

With regard to the question, it is permissible for a
Muslim at times of tribulation, when they cannot walk safely through
the streets or reach the mosque safe and sound, to pray at home and
not attend prayers in jamaa’ah. But we must examine the situation more
carefully before deciding not to attend Jumu’ah prayer because of its
extreme importance. So we should not stop praying in jamaa’ah or stop
attending Jumu’ah prayers on the grounds of mere speculation or an unlikely
possibility of aggression. Rather if a person is certain or believes
it to be most likely that he will be attacked if he goes to the mosque,
then it is permissible for him not to go.

Among the opinions of the scholars concerning the permissibility
of refraining from going to Jumu’ah prayers or prayers in jamaa’ah because
of fear is the comment of Ibn Qudaamah (may Allaah have mercy on him)
who said: “The one who is sick and the one who is afraid is excused
from attending them – i.e., Jumu’ah and prayers in jamaa’ah – according
to the view of most of the scholars. Ibn ‘Abbaas narrated that the Prophet

(peace and blessings of Allaah be upon him) said: ‘Whoever hears the
call to prayer and is not prevented from responding by an excuse –’
They said, ‘What is the excuse, O Messenger of Allaah?’ He said, ‘Fear
or sickness, (otherwise) the prayer that he offers will not be accepted.’”
(narrated by Abu Dawood, 1/130. Shaykh al-Albaani classed this version
of the hadeeth as da’eef (weak), but he classed as saheeh (sound) the
version narrated by Ibn Maajah, 793, which says: “Whoever hears the
call and does not come, his prayer is not valid, except for one who
has an excuse.” Al-Irwaa’ 2/337). And Bilaal used to give the
call to prayer; one day the Prophet

(peace and blessings of Allaah be upon him) came when he was sick, and
said, ‘Tell Abu Bakr to lead the people in prayer.’” (al-Bukhaari, 633;
Muslim, 418) 

Fear is of three kinds: fear for oneself, fear for one’s
wealth, and fear for one’s family. The first kind means fearing capture
by an oppressive ruler, or an enemy, or a thief, or attack by wild animals,
or a flood, etc., which may cause harm to oneself.

 The second kind means fear for one’s wealth if
one leaves home, as we have mentioned, such as oppressive rulers, thieves
and the like, or fear that one’s house may be broken into or burned
down or something like that; in such cases one is excused from attending
Jumu’ah and prayers in jamaa’ah.  

The third kind means fear for one’s child and family.
In all such cases one is excused from attending Jumu’ah and prayers
in jamaa’ah. This was the view of ‘Ataa’, al-Hasan, al-Oozaa’i and al-Shaafa’i,
and we know of no difference of opinion concerning this matter.”

(summarized from al-Mughni, 2/376). 

In Fataawa al-Shaykh ‘Abd al-‘Azeez ibn Baaz,
when a man asked him about refraining from attending prayers in jamaa’ah
because he was afraid for his wife, he said, “If there is some danger
to your wife (at home) and she is not safe, and she is surrounded by
things which give rise to fear, then he is excused for praying at home
because of his fear for his wife…” Then he said: “But if your wife is
not safe and the place is not safe, and danger is present, then it is
o.k. for you to pray at home; this is a legitimate excuse…” 

Majmoo’ Fataawa Samaahat al-Shaykh Ibn Baaz
(may Allaah have mercy on him), 12/42 

With regard to Muslim women, they should stay in their
homes and not go out – as much as they can – lest they be exposed to
harm. Their relatives and neighbours should help them to meet their
needs so that they will not be forced to go out. This is a means of
earning great reward by helping those who are in desperate need. 

With regard to Muslim men giving up distinctive Islamic
dress and wearing the clothes commonly found in the kaafir society in
which he lives, that is o.k., especially at times of persecution and
harassment. Imaam Ibn Taymiyah said: 

“The Muslim in a kaafir country that is at war with the
Muslims or otherwise is not commanded to differ from them in outward
appearance, because of the harm that may result from that. Rather it
is recommended or obligatory for men to resemble them sometimes in his
outward appearance, if that serves a religious purpose such as calling
them to Islam, or finding out about their true state of affairs in order
to inform the Muslims of that, or warding off their harm from the Muslims,
and other righteous goals.” (Iqtidaa’ al-Siraat al-Mustaqeem,
p. 176). 

The
words of Shaykh al-Islam Ibn Taymiyah must be understood correctly.
He is speaking of special circumstances or cases of necessity; he does
not mean at all that Muslims should become assimilated with the kaafirs
and do evil things or drink alcohol with them or that Muslim children
should go to churches and lose their Islamic identity. Rather what is
meant is that it is permissible to forego distinctive Islamic dress
– for example – and wear clothing of the type prevalent in the kaafir
country, and to speak the language of the kaafirs, etc., in order to
ward off the harm of the kaafirs, especially in an atmosphere that is
charged with hostility, such as that mentioned in the question. 

Perhaps these events will give the Muslims who are living
in kaafir lands unnecessarily and for no shar’i purpose the opportunity
to review their situation and consider going back to the Muslim world
and making hijrah from the land of the kaafirs. 

We ask Allaah to protect us and all our Muslim brothers
from harm, wrongdoing and evil, and guide us to the right path. May
Allaah bless our Prophet Muhammad and grant him peace.