Thursday, January 21, 2016

Is it Permissible to Rebel Against an Unjust Muslim Ruler?

بسم الله الرحمن الرحيم
In the Name of Allah, Most Merciful, Most Compassionate

Assalaamu alaykum

Dear Friends

I pray that you are well.

It is not lawful for Muslims to violently rebel against an unjust Muslim ruler. Rather, Muslims should be patient and encourage reform through non-violent action. Obedience to their laws is obligatory as long as we are not commanded to commit sins.

Allah Almighty said:

يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنكُمْ

O you who believe, obey Allah and obey the Messenger and those in authority among you. [Qur'an, An-Nisa 4:59]

A Muslim ruler who does not rule according to the Book of Allah and the Sunnah of His Messenger should be obeyed in matters that do not involve disobedience towards Allah and His Messenger, and it is not obligatory to fight him because of that; rather it is not permissible to do so unless he reaches the level of kufr, in which case it becomes obligatory to oppose him and he has no right to be obeyed by the Muslims.

Ruling according to anything other than that which is in the Book of Allah and the Sunnah of His Messenger reaches the level of kufr when two conditions are met:

1. When he knows the ruling of Allah and His Messenger; if he is unaware of it, then he does not commit kufr by going against it.

2. When what makes him rule by something other than that which Allah has revealed is the belief that it is a ruling that is not suitable for our time and that something else is more suitable than it and more beneficial for people.

If these two conditions are met, then ruling by something other than that which Allah has revealed constitutes kufr which puts a person beyond the pale of Islam, because Allah says (interpretation of the meaning): “And whosoever does not judge by what Allah has revealed, such are the Kaafiroon (i.e. disbelievers)” [al-Maa’idah 5:44]. The authority of the ruler becomes invalid and he has no right to be obeyed by the people; it becomes obligatory to fight him and remove him from power.

But if he rules by something other than that which Allah has revealed whilst believing that ruling by that – i.e. that which Allah has revealed -- is what is obligatory, and that it is more suitable for the people, but he goes against it because of some whims and desires on his part or because he wants to wrong the people under his rule, then he is not a kaafir; rather he is a faasiq (evildoer) or a zaalim (wrongdoer). His authority remains, and obeying him in matters that do not involve disobedience to Allah and His Messenger is obligatory, and it is not permissible to fight him or remove him from power by force or to rebel against him.

In many narrations, the Prophet sallallahu alayhi wassallam has forbidden us from rebelling against the rulers as long as they pray and allow Islam to be practiced in their lands.

Under the chapter of Book of Government -- The obligation of staying with the Jama'ah (main body) of the Muslims when Fitn (tribulations) appear, and in all circumstances. The prohibition of refusing to obey and on splitting away from the Jama'ah:

It his been narrated through a different chain of transmitters, on the authority of Hudhaifa b. al-Yaman who said:

وَحَدَّثَنِي مُحَمَّدُ بْنُ سَهْلِ بْنِ عَسْكَرٍ التَّمِيمِيُّ، حَدَّثَنَا يَحْيَى بْنُ حَسَّانَ، ح وَحَدَّثَنَا عَبْدُ اللَّهِ بْنُ عَبْدِ الرَّحْمَنِ الدَّارِمِيُّ، أَخْبَرَنَا يَحْيَى، - وَهُوَ ابْنُ حَسَّانَ - حَدَّثَنَا مُعَاوِيَةُ، - يَعْنِي ابْنَ سَلاَّمٍ - حَدَّثَنَا زَيْدُ بْنُ سَلاَّمٍ، عَنْ أَبِي سَلاَّمٍ، قَالَ قَالَ حُذَيْفَةُ بْنُ الْيَمَانِ قُلْتُ يَا رَسُولَ اللَّهِ إِنَّا كُنَّا بِشَرٍّ فَجَاءَ اللَّهُ بِخَيْرٍ فَنَحْنُ فِيهِ فَهَلْ مِنْ وَرَاءِ هَذَا الْخَيْرِ شَرٌّ قَالَ نَعَمْ ‏.‏ قُلْتُ هَلْ وَرَاءَ ذَلِكَ الشَّرِّ خَيْرٌ قَالَ ‏"‏ نَعَمْ ‏"‏ ‏.‏ قُلْتُ فَهَلْ وَرَاءَ ذَلِكَ الْخَيْرِ شَرٌّ قَالَ ‏"‏ نَعَمْ ‏"‏ ‏.‏ قُلْتُ كَيْفَ قَالَ ‏"‏ يَكُونُ بَعْدِي أَئِمَّةٌ لاَ يَهْتَدُونَ بِهُدَاىَ وَلاَ يَسْتَنُّونَ بِسُنَّتِي وَسَيَقُومُ فِيهِمْ رِجَالٌ قُلُوبُهُمْ قُلُوبُ الشَّيَاطِينِ فِي جُثْمَانِ إِنْسٍ ‏"‏ ‏.‏ قَالَ قُلْتُ كَيْفَ أَصْنَعُ يَا رَسُولَ اللَّهِ إِنْ أَدْرَكْتُ ذَلِكَ قَالَ ‏"‏ تَسْمَعُ وَتُطِيعُ لِلأَمِيرِ وَإِنْ ضُرِبَ ظَهْرُكَ وَأُخِذَ مَالُكَ فَاسْمَعْ وَأَطِعْ ‏"‏ ‏.‏

Messenger of Allah, no doubt, we had an evil time (i. e. the days of Jahiliyya or ignorance) and God brought us a good time (i. e. Islamic period) through which we are now living Will there be a bad time after this good time? He (the Holy Prophet) said: Yes. I said: Will there be a good time after this bad time? He said: Yes. I said: Will there be a bad time after good time? He said: Yes. I said: How? Whereupon he said: There will be leaders who will not be led by my guidance and who will not adopt my ways? There will be among them men who will have the hearts of devils in the bodies of human beings. I said: What should I do. Messenger of Allah, if I (happen) to live in that time? He replied: You will listen to the Amir and carry out his orders; even if your back is flogged and your wealth is snatched, you should listen and obey.

Source: Sahih Muslim 1847

Awf ibn Malik reported: The Messenger of Allah, peace and blessings be upon him, said:

خِيَارُ أَئِمَّتِكُمْ الَّذِينَ تُحِبُّونَهُمْ وَيُحِبُّونَكُمْ وَيُصَلُّونَ عَلَيْكُمْ وَتُصَلُّونَ عَلَيْهِمْ وَشِرَارُ أَئِمَّتِكُمْ الَّذِينَ تُبْغِضُونَهُمْ وَيُبْغِضُونَكُمْ وَتَلْعَنُونَهُمْ وَيَلْعَنُونَكُمْ

The best of your rulers are those whom you love and they love you, who pray for you and you pray for them. The worst of your rulers are those whom you hate and they hate you, whom you curse and they curse you.

It was said, “Shall we confront them with swords?” The Prophet sallalahu alayhi wassallam said:

لَا مَا أَقَامُوا فِيكُمْ الصَّلَاةَ وَإِذَا رَأَيْتُمْ مِنْ وُلَاتِكُمْ شَيْئًا تَكْرَهُونَهُ فَاكْرَهُوا عَمَلَهُ وَلَا تَنْزِعُوا يَدًا مِنْ طَاعَةٍ

No, as long as they establish prayer among you. If you find something hateful from them, you should hate their actions but not withdraw your hand from obedience.

Source: Sahih Muslim 1855, Grade: Sahih

Umm Salamah reported: The Messenger of Allah, peace and blessings be upon him, said:

سَتَكُونُ أُمَرَاءُ فَتَعْرِفُونَ وَتُنْكِرُونَ فَمَنْ عَرَفَ بَرِئَ وَمَنْ أَنْكَرَ سَلِمَ وَلَكِنْ مَنْ رَضِيَ وَتَابَعَ

There will be rulers from whom you will see both goodness and corruption. One who recognizes their evil and hates it will maintain his innocence, but one who is pleased with it and follows them will be sinful.

It was said, “Shall we not fight them?” The Prophet sallallahu alayhi wassallam said:

لَا مَا صَلَّوْا

No, as long as they pray.

Source: Sahih Muslim 1854, Grade: Sahih

Many of those who call for violent rebellion have resorted to the use of terrorism against innocent civilians. Such acts are completely rejected by Islam. The Prophet sallallahu alayhi wassallam severely warned those who engage in acts of reckless and indiscriminate violence.

Abu Hurayra reported: The Messenger of Allah, peace and blessings be upon him, said:

مَنْ خَرَجَ مِنَ الطَّاعَةِ وَفَارَقَ الْجَمَاعَةَ فَمَاتَ مَاتَ مِيتَةً جَاهِلِيَّةً وَمَنْ قَاتَلَ تَحْتَ رَايَةٍ عُمِّيَّةٍ يَغْضَبُ لِعَصَبَةٍ أَوْ يَدْعُو إِلَى عَصَبَةٍ أَوْ يَنْصُرُ عَصَبَةً فَقُتِلَ فَقِتْلَةٌ جَاهِلِيَّةٌ وَمَنْ خَرَجَ عَلَى أُمَّتِي يَضْرِبُ بَرَّهَا وَفَاجِرَهَا وَلاَ يَتَحَاشَ مِنْ مُؤْمِنِهَا وَلاَ يَفِي لِذِي عَهْدٍ عَهْدَهُ فَلَيْسَ مِنِّي وَلَسْتُ مِنْهُ

Whoever rejects obedience to the ruler and divides the community and dies will have died upon ignorance. Whoever fights under the banner of one who is blind, raging for the sake of tribalism, or calling to tribalism, or supporting tribalism, and is killed will have died upon ignorance. Whoever rebels against my nation, striking the righteous and wicked alike and sparing not even the believers and does not fulfill the pledge of security, then he has nothing to do with me and I have nothing to do with him.

Source: Sahih Muslim 1848, Grade: Sahih

The righteous predecessors (salaf as-salih) recognized that the evil which comes through violent rebellion is worse than the evil of the ruler himself. For this reason, they counseled patience and wisdom in the face of injustice and they would pray for the ruler to be guided to righteousness.

Hasan Al-Basri said:

لَوْ أَنَّ النَّاسَ إِذَا ابْتُلُوا مِنْ قِبَلِ سُلْطَانِهِمْ صَبَرُوا مَا لَبِثُوا أَنْ يُفْرَجَ عَنْهُمْ وَلَكِنَّهُمْ يَجْزَعُونَ إِلَى السَّيْفِ فَيُوَكَّلُونَ إِلَيْهِ فَوَاللَّهِ مَا جَاءُوا بِيَوْمِ خَيْرٍ قَطُّ

If the people had patience when they are being tested by their unjust ruler, it will not be long before Allah will give them a way out. However, they always rush to their swords, so they are left with their swords. By Allah, not even for a single day did they bring about any good.

Source: Tabaqat Al-Kubra 8789

Fudayl ibn Iyad said:

لَوْ أَنَّ لِي دَعْوَةً مُسْتَجَابَةً مَا جَعَلْتُهَا إِلَّا فِي إِمَامٍ فَصَلَاحُ الْإِمَامِ صَلَاحُ الْبِلَادِ وَالْعِبَادِ

If I had one supplication to be answered, I would make it for no one but the ruler. If the ruler is righteous then it will lead to the righteousness of the country and the people.

Source: Siyar A’lam An-Nubula 8/434

At-Tahawi said:

وَلَا نَرَى الْخُرُوجَ عَلَى أَئِمَّتِنَا وَوُلَاةِ أُمُورِنَا وَإِنْ جَارُوا وَلَا نَدْعُو عَلَيْهِمْ وَلَا نَنْزِعُ يَدًا مِنْ طَاعَتِهِمْ وَنَرَى طَاعَتَهُمْ مِنْ طَاعَةِ اللَّهِ عَزَّ وَجَلَّ فَرِيضَةً مَا لَمْ يَأْمُرُوا بِمَعْصِيَةٍ وَنَدْعُو لَهُمْ بِالصَّلَاحِ وَالْمُعَافَاةِ

We do not recognize the rebellion against our leader or those in charge of our affairs even if they are unjust, nor do we wish evil for them, nor do we refuse to follow them. We hold that obedience to them is part of obedience to Allah the Exalted and therefore obligatory as long as they do not command us to commit sins. We pray for their right guidance and pardon.

Source: Aqeedah At-Tahawi 91

Ahmad ibn Hanbal said:

لَا يُتَعَرَّضُ بِالسُّلْطَانِ فَإِنَّ سَيْفَهُ مَسْلُولٌ ، وَعَصَاهُ

Do not confront the ruler, for his sword is unsheathed.

Source: Jami’ Ulum wal Hikam 34

An-Nawawi summarizes the views of the righteous predecessors, saying:

وَأَمَّا الْخُرُوجُ عَلَيْهِمْ وَقِتَالُهُمْ فَحَرَامٌ بِإِجْمَاعِ الْمُسْلِمِينَ وَإِنْ كَانُوا فَسَقَةً ظَالِمِينَ وَقَدْ تَظَاهَرَتِ الْأَحَادِيثُ بِمَعْنَى مَا ذَكَرْتُهُ وَأَجْمَعَ أَهْلُ السُّنَّةِ أَنَّهُ لَا يَنْعَزِلُ السُّلْطَانُ بِالْفِسْقِ وَأَمَّا الْوَجْهُ الْمَذْكُورُ فِي كُتُبِ الْفِقْهِ لِبَعْضِ أَصْحَابِنَا أَنَّهُ يَنْعَزِلُ وَحُكِيَ عَنِ الْمُعْتَزِلَةِ أَيْضًا فَغَلَطٌ مِنْ قَائِلِهِ مُخَالِفٌ لِلْإِجْمَاعِ قَالَ الْعُلَمَاءُ وَسَبَبُ عَدَمِ انْعِزَالِهِ وَتَحْرِيمِ الْخُرُوجِ عَلَيْهِ مَا يَتَرَتَّبُ عَلَى ذَلِكَ مِنَ الْفِتَنِ وَإِرَاقَةِ الدِّمَاءِ وَفَسَادِ ذَاتِ الْبَيْنِ فَتَكُونُ الْمَفْسَدَةُ فِي عَزْلِهِ أَكْثَرَ مِنْهَا فِي بَقَائِهِ

As for rebelling against the ruler and fighting him, it is forbidden by consensus of the Muslims even if he is sinful and oppressive. I have mentioned many narrations with this meaning. The people of the Sunnah have agreed that the ruler should not be removed due to his sinfulness. As for the view mentioned in the books of jurisprudence from some of our companions that he should be removed, which is also the opinion of the Mu’tazilates, then it is a serious mistake from them and is in opposition to the consensus. The scholars have said the reason his removal and rebellion against him is forbidden is because of what that entails of tribulations, bloodshed, and corruption, for the harm in removing the ruler is greater than letting him remain.

Source: Sharh Sahih Muslim 1840

The primary evidence used to justify a violent rebellion against the ruler is as Allah says:

وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الْكَافِرُونَ

Whoever does not judge by what Allah has revealed, then it is those who are the disbelievers.

Surat Al-Ma’idah 5:44

It is argued that if the Muslim ruler does not refer to the Shari'ah for judgment, or he does not apply the proper Shari'ah rulings, then he has become an unbeliever who should be killed. However, this interpretation is incorrect because the disbelief mentioned in this verse is the lesser disbelief that does not take the ruler out of the fold of Islam. This verse was never meant to justify rebellion.

At-Tabari reported: A man asked Ibn Abbas concerning this verse and he said:

إِذَا فَعَلَ ذَلِكَ فَهُوَ بِهِ كُفْر وَلَيْسَ كَمَنْ كَفَرَ بِاَللَّهِ وَالْيَوْم الْآخِر وَبِكَذَا وَكَذَا

If the ruler does that, then there is unbelief in it, but this is not like one who disbelieves in Allah and the Last Day and so on.

Ata’ said:

كُفْر دُون كُفْر وَفِسْق دُون فِسْق وَظُلْم دُون ظُلْم

The verse means unbelief less than unbelief, wickedness less than wickedness, and oppression less than oppression.

Tawus said:

لَيْسَ بِكُفْرٍ يَنْقُل عَنْ الْمِلَّة

This is not the unbelief that rejects someone from the religion.

Source: Tafseer Al-Tabari 5:44

As such, if the ruler does not apply the Shari'ah properly, this is considered sinful but it does not justify violence. For this reason, Imam Muslim collected the narrations cited above under the following chapter heading:

وُجُوبِ الإِنْكَارِ عَلَى الأُمَرَاءِ فِيمَا يُخَالِفُ الشَّرْعَ وَتَرْكِ قِتَالِهِمْ مَا صَلَّوْا وَنَحْوِ ذَلِكَ

The obligation to denounce the rulers when they contradict the Shari'ah and to avoid fighting them as long as they pray and so on.

The proper way to enjoin good and forbid evil regarding the rulers is through non-violent preaching, advising, and if necessary, acts of civil disobedience.

Ahmad ibn Hanbal said:

التَّغْيِيرُ بِالْيَدِ لَيْسَ بِالسَّيْفِ وَالسِّلَاحِ

Changing evil with one’s hand is not done with swords or weapons.

Source: Jami’ Ulum wal Hikam 34

Muslims should sincerely advise the ruler using mild speech, preferably in private. This means to have an intention to guide and benefit the ruler, as he is a member of the Muslim community.

Tamim Ad-Dari reported: The Messenger of Allah, peace and blessings be upon him, said:

الدِّينُ النَّصِيحَةُ

Religion is sincerity.

We said, “To whom?” The Prophet said:

لِلَّهِ وَلِكِتَابِهِ وَلِرَسُولِهِ وَلِأَئِمَّةِ الْمُسْلِمِينَ وَعَامَّتِهِمْ

To Allah, His Book, His Messenger, the leaders of the Muslims, and their common people.

Source: Sahih Muslim 55, Grade: Sahih

Iyad ibn Ghanam reported: The Messenger of Allah, peace and blessings be upon him, said:

مَنْ أَرَادَ أَنْ يَنْصَحَ لِسُلْطَانٍ بِأَمْرٍ فَلَا يُبْدِ لَهُ عَلَانِيَةً وَلَكِنْ لِيَأْخُذْ بِيَدِهِ فَيَخْلُوَ بِهِ فَإِنْ قَبِلَ مِنْهُ فَذَاكَ وَإِلَّا كَانَ قَدْ أَدَّى الَّذِي عَلَيْهِ لَهُ

Whoever intends to advise one with authority, then he should not do so publicly. Rather, he should take him by the hand and advise him in seclusion. If he accepts the advice, then all is well. If he does not accept it, then he has fulfilled his duty.

Source: Musnad Ahmad 14909, Grade: Sahih

Similarly, Allah commanded Prophet Musa and Prophet Harun (Aaron), upon them be peace, to speak mildly to Fira'aun (Pharaoh) even though he was a great tyrant and unbeliever.

Allah said:

فَقُولَا لَهُ قَوْلًا لَّيِّنًا لَّعَلَّهُ يَتَذَكَّرُ أَوْ يَخْشَىٰ

Speak to him with gentle speech that perhaps he may be reminded or fear Allah.

Surat Ta Ha 20:44

If this is how Allah commanded them to speak to an evil dictator who was not a believer, then a Muslim ruler deserves even better treatment.

Even so, it may be necessary to become more vocal and forceful if the ruler is a stubborn oppressor. Speaking the truth to him in this case is a form of jihad without weapons.

Abu Sa’eed Al-Khudri reported: The Messenger of Allah, peace and blessings be upon him, said:

إِنَّ مِنْ أَعْظَمِ الْجِهَادِ كَلِمَةَ عَدْلٍ عِنْدَ سُلْطَانٍ جَائِرٍ

Verily, among the greatest of struggles is a word of justice in front of a tyrant.

Source: Sunan At-Tirmidhi 2174, Grade: Hasan

If the ruler commands us to commit sins, we should disobey him and not fulfill his command, although this should be done without violence. In other words, Muslims should engage in acts of civil disobedience rather than committing acts of oppression.

Ali reported: The Prophet, peace and blessings be upon him, said:

لَا طَاعَةَ فِي مَعْصِيَةٍ إِنَّمَا الطَّاعَةُ فِي الْمَعْرُوفِ

There is no obedience to the leader involving disobedience to Allah. Verily, obedience is only for good conduct.

Source: Sahih Bukhari 6830, Grade: Sahih

Therefore, a Muslim should attempt to reform the ruler and enjoin good without resorting to violence. Violence and terrorism leads to the fracturing of Muslim society, which is even worse than the oppression of the rulers. Instead, Muslims must be patient and wise in the face of such injustice, and they should pray for Allah to guide the rulers to right conduct.

May Allah grant us righteous leaders and unite the Ummah in good. Ameen.

And Allah knows best and He alone grant success.

Allahumma salli 'ala Muhammad wa 'ala aalihi wa sahbihi wassallam.

Wassalaam

Source

Islamqa.com

Faith in Allah

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