Is it permissible to establish an independent body, organization, or association for the defense of human rights in a state that claims to apply the Shari'ah rulings?
Machine translationRead the Arabic original
The Shaykh : Yes?
The questioner: Peace be upon you.
The Shaykh: And upon you peace.
The questioner: Is His Eminence Shaykh Nasir al-Din al-Albani available?
The Shaykh: It is al-Albani with you.
The questioner: My lord, we came to you today, but you asked us to call after 'Isha'.
The Shaykh: Yes.
The questioner: It is me and my son, 'Azam al-Tamimi.
The Shaykh : Welcome.
The questioner: And when I came, I am a resident in London.
The Shaykh: Yes.
The questioner: And some of the brothers tasked us to seek your fatwa on a matter!
The Shaykh: Yes.
The questioner: Which is the matter of: Is it permissible in a state that claims to apply the rulings of the Islamic Shari'ah, is it permissible to establish an independent body, organization, or association for the defense of human rights or to expose the injustices that occur?
The Shaykh: Why would a state that rules by the Shari'ah not have what suffices it from this formation or organization?
The questioner: It appears that this is the reality.
The Shaykh: Yes, we do not know, but the one who rules by the Shari'ah is sufficient for all these organizations adopted by the states of disbelief, human rights, and animal rights, and the defense of freedom, and the like. Islam has encompassed all of this since Allah sent it down to the heart of Muhammad (peace and blessings be upon him). So if there is a state that rules by Islam as it claims, and it may be falling short in one aspect or many aspects of this Islam, it is not permissible for it to treat the problem according to the school of Abu Nuwas, where he or it says: "And I treated with that which was the disease," taking terrestrial laws that are not celestial, and trying to solve the existing problem with these laws. Rather, this state should return to its religion, the methodology of its Prophet, and rule by what Allah (Mighty and Majestic) has revealed,[Ar-Rum 30:4-5]. As for establishing new systems, what Allah (Mighty and Majestic) said about the Jews, the enemies of the Muslims today and every day, applies to them: [Al-Baqarah 2:61]. It is not permissible for a Muslim to replace that which is lower with that which is better. All good is in following, and all evil is in innovation.
The questioner: If you allow us to clarify the matter further: The issue concerns what you must have heard recently about the establishment of a committee named: "The Committee for the Defense of Rights."
The Shaykh: My brother, I have given you the answer, may Allah reward you. Islam includes the defense of every oppressed person, even if he is an atheist. There is absolutely no need for such organizations. Rather, if there are people who are truly zealous, they should demand that the ruler apply the Islamic ruling.
The questioner: Be brief, O Shaykh.
The Shaykh: This one is coming from London and wants a meeting.
The questioner: Meet me in the afternoon.
The Shaykh : Ah.
The questioner: Is this one of the people of Mada'ab?
The Shaykh : Yes.
The questioner: Coming from Mada'ab, from where?
The Shaykh: From Mada'ab, yes.
The questioner: So I told him: Call, I gave him the phone number.
The Shaykh: Yes, no, he came during the day as well, he came wanting a meeting!
The questioner: Ah, he came at midday.
The Shaykh : Yes.
The questioner: Then we met in the mosque.
The Shaykh: Yes, is Abu 'Adnan clear? Is it clear?
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner: Sorry, the line cut off suddenly!
The Shaykh: Ah, good, if Allah wills. Are you satisfied with the answer?!
The questioner: No, the truth is there was another point, which is if this ruling, which is supposed to apply the Shari'ah of Allah, is falling short in applying the Shari'ah of Allah, and there are established injustices!!
The Shaykh : Yes.
The questioner: In this case, what is the obligation of the Muslims as individuals and as groups?
The Shaykh: I mean, is the problem solved, may Allah reward you, by establishing a state within a state?
The questioner: No, that is not the intention, but the intention is!
The Shaykh: I am not asking you if that is the intention, but the outcome will be this: the establishment of a rule within a rule, and this is impossible. And this leads to serious and very serious harms. When the Islamic Shari'ah commanded enjoining good and forbidding evil, it established rules and systems for it. So it is not permissible for a group of people to take upon themselves legislation. And I give you an example: This committee was established, so a person came complaining of injustice. Who judges the injustice of this person and his claim? Who looks into it? Is there an established body and a Shari'ah court to judge, and should a new body not be established?
The questioner: No, according to what you say, this committee wants to cooperate with those in power to remove these injustices together!
The Shaykh: Yes, well, cooperation does not happen by establishing a committee that the original authorities do not approve of, but rather by writing and directing attention to the fact that there is a problem, so we request that it be looked into, and so on. And so should issues be handled, otherwise the earth and those upon it will be corrupted. Every state cannot exist without a system where every department is connected to the other, until it returns to the first head, which is the first ruler. As for people who rise up spontaneously and impulsively from themselves, we do not see the Shari'ah ever permitting this. This is from the category of rebellion (khuruj), on which the scholars agreed, both past and present, that it is not permissible to rebel against the Muslim ruler, even if he is oppressive. Even it came in "Sahih Muslim":. But this does not mean that we accept injustice, but rather we mediate to remove injustice to the extent of our ability, and not by disobedience, which may be called in the language of the present age: civil disobedience. No, this is never appropriate. Rather, as He (the Exalted) said: [An-Nahl 16:125]. This is hopefully sufficient, if Allah wills, for you to take the answer to what you asked. Otherwise, this research truly requires lectures, rather, the writing of treatises.
The questioner: For this reason, we wanted to meet you!!
The Shaykh: And what can we do, my brother?!
The questioner: We have the statements, we just wanted to present to you the texts of the statements issued by this committee, so that the situation is clear, I mean!
The Shaykh: My brother, may Allah reward you, I am, as they say: "If not for Islam, I would say I have neither my camel nor my donkey in it," but the Muslim, as he (peace and blessings be upon him) said:Sahih Muslim 2586a. So this committee will be established there, and I live here, but: , to the end of the hadith. So we advise that no committee be established except with the approval of the highest administration in that state, otherwise corruption will appear in the land and the sea.
The questioner: If that administration is oppressive, it will not allow the establishment of any committee!!
The Shaykh: My brother, and if the committee wants to rebel against that oppressive department, is this the solution, may Allah reward you?! This is the meaning of rebellion, and rebellion leads to the shedding of blood from both sides, and we ask Allah for safety.
The questioner: We hope that the intention is not rebellion, but rather.
The Shaykh: No, the matter is not by hope and aspirations, but rather by striving and taking the means of hope.
The questioner: Does not this formation count as enjoining good and forbidding evil?
The Shaykh: May Allah reward you, I told you the research requires treatises and writings, and now is not the place for lengthening. And whatever question comes to your mind, we answer you, and we also give a lecture. Did you understand the answer?!
The questioner: And we hope you will honor us by writing, if it is possible for you, to honor us by writing something on this matter.
The Shaykh: By Allah, if we were free!! Perhaps you know that I have dedicated myself since the softness of my nails to serving the Sunnah of my Prophet (peace and blessings be upon him and his family), and the time does not allow, nor even the life, and I have approached, rather entered, eighty. I cannot fulfill the request of every seeker, and we ask Allah (Mighty and Majestic) to make us, all Muslims, cooperating in righteousness and piety, and restraining from cooperating in sin, and peace be upon you.
The questioner : And upon you be peace, and the mercy of Allah and His blessings.
Another questioner: It appears that it is from them and for them!
The Shaykh: Yes, it is so, of course, what do you expect from this defense?! A great fitnah will occur in Saudi Arabia, right?
The questioner: Correct.
The questioner: Peace be upon you.
The Shaykh: And upon you peace.
The questioner: Is His Eminence Shaykh Nasir al-Din al-Albani available?
The Shaykh: It is al-Albani with you.
The questioner: My lord, we came to you today, but you asked us to call after 'Isha'.
The Shaykh: Yes.
The questioner: It is me and my son, 'Azam al-Tamimi.
The Shaykh : Welcome.
The questioner: And when I came, I am a resident in London.
The Shaykh: Yes.
The questioner: And some of the brothers tasked us to seek your fatwa on a matter!
The Shaykh: Yes.
The questioner: Which is the matter of: Is it permissible in a state that claims to apply the rulings of the Islamic Shari'ah, is it permissible to establish an independent body, organization, or association for the defense of human rights or to expose the injustices that occur?
The Shaykh: Why would a state that rules by the Shari'ah not have what suffices it from this formation or organization?
The questioner: It appears that this is the reality.
The Shaykh: Yes, we do not know, but the one who rules by the Shari'ah is sufficient for all these organizations adopted by the states of disbelief, human rights, and animal rights, and the defense of freedom, and the like. Islam has encompassed all of this since Allah sent it down to the heart of Muhammad (peace and blessings be upon him). So if there is a state that rules by Islam as it claims, and it may be falling short in one aspect or many aspects of this Islam, it is not permissible for it to treat the problem according to the school of Abu Nuwas, where he or it says: "And I treated with that which was the disease," taking terrestrial laws that are not celestial, and trying to solve the existing problem with these laws. Rather, this state should return to its religion, the methodology of its Prophet, and rule by what Allah (Mighty and Majestic) has revealed,
And that day the believers will rejoice (5) In the victory of Allah
وَيَوْمَئِذٍ يَفْرَحُ الْمُؤْمِنُونَ * بِنَصْرِ اللَّهِWould you exchange what is better for what is less?
أَتَسْتَبْدِلُونَ الَّذِي هُوَ أَدْنَى بِالَّذِي هُوَ خَيْرٌThe questioner: If you allow us to clarify the matter further: The issue concerns what you must have heard recently about the establishment of a committee named: "The Committee for the Defense of Rights."
The Shaykh: My brother, I have given you the answer, may Allah reward you. Islam includes the defense of every oppressed person, even if he is an atheist. There is absolutely no need for such organizations. Rather, if there are people who are truly zealous, they should demand that the ruler apply the Islamic ruling.
The questioner: Be brief, O Shaykh.
The Shaykh: This one is coming from London and wants a meeting.
The questioner: Meet me in the afternoon.
The Shaykh : Ah.
The questioner: Is this one of the people of Mada'ab?
The Shaykh : Yes.
The questioner: Coming from Mada'ab, from where?
The Shaykh: From Mada'ab, yes.
The questioner: So I told him: Call, I gave him the phone number.
The Shaykh: Yes, no, he came during the day as well, he came wanting a meeting!
The questioner: Ah, he came at midday.
The Shaykh : Yes.
The questioner: Then we met in the mosque.
The Shaykh: Yes, is Abu 'Adnan clear? Is it clear?
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner: Sorry, the line cut off suddenly!
The Shaykh: Ah, good, if Allah wills. Are you satisfied with the answer?!
The questioner: No, the truth is there was another point, which is if this ruling, which is supposed to apply the Shari'ah of Allah, is falling short in applying the Shari'ah of Allah, and there are established injustices!!
The Shaykh : Yes.
The questioner: In this case, what is the obligation of the Muslims as individuals and as groups?
The Shaykh: I mean, is the problem solved, may Allah reward you, by establishing a state within a state?
The questioner: No, that is not the intention, but the intention is!
The Shaykh: I am not asking you if that is the intention, but the outcome will be this: the establishment of a rule within a rule, and this is impossible. And this leads to serious and very serious harms. When the Islamic Shari'ah commanded enjoining good and forbidding evil, it established rules and systems for it. So it is not permissible for a group of people to take upon themselves legislation. And I give you an example: This committee was established, so a person came complaining of injustice. Who judges the injustice of this person and his claim? Who looks into it? Is there an established body and a Shari'ah court to judge, and should a new body not be established?
The questioner: No, according to what you say, this committee wants to cooperate with those in power to remove these injustices together!
The Shaykh: Yes, well, cooperation does not happen by establishing a committee that the original authorities do not approve of, but rather by writing and directing attention to the fact that there is a problem, so we request that it be looked into, and so on. And so should issues be handled, otherwise the earth and those upon it will be corrupted. Every state cannot exist without a system where every department is connected to the other, until it returns to the first head, which is the first ruler. As for people who rise up spontaneously and impulsively from themselves, we do not see the Shari'ah ever permitting this. This is from the category of rebellion (khuruj), on which the scholars agreed, both past and present, that it is not permissible to rebel against the Muslim ruler, even if he is oppressive. Even it came in "Sahih Muslim":
It is obligatory to obey the ruler even if he takes your wealth and beats your back
يجب إطاعة الحاكم حتى لو أخذ مالك وجلد ظهركInvite to the way of your Lord with wisdom and good instruction, and argue with them in a way that is best
ادْعُ إِلَى سَبِيلِ رَبِّكَ بِالْحِكْمَةِ وَالْمَوْعِظَةِ الْحَسَنَةِ وَجَادِلْهُمْ بِالَّتِي هِيَ أَحْسَنُThe questioner: For this reason, we wanted to meet you!!
The Shaykh: And what can we do, my brother?!
The questioner: We have the statements, we just wanted to present to you the texts of the statements issued by this committee, so that the situation is clear, I mean!
The Shaykh: My brother, may Allah reward you, I am, as they say: "If not for Islam, I would say I have neither my camel nor my donkey in it," but the Muslim, as he (peace and blessings be upon him) said:
The similitude of believers in regard to mutual love, affection
مثل المؤمنين في تواددهم وتراحمهمReligion is advice, religion is advice, religion is advice
الدين النصيحة ، الدين النصيحة ، الدين النصيحةThe questioner: If that administration is oppressive, it will not allow the establishment of any committee!!
The Shaykh: My brother, and if the committee wants to rebel against that oppressive department, is this the solution, may Allah reward you?! This is the meaning of rebellion, and rebellion leads to the shedding of blood from both sides, and we ask Allah for safety.
The questioner: We hope that the intention is not rebellion, but rather.
The Shaykh: No, the matter is not by hope and aspirations, but rather by striving and taking the means of hope.
The questioner: Does not this formation count as enjoining good and forbidding evil?
The Shaykh: May Allah reward you, I told you the research requires treatises and writings, and now is not the place for lengthening. And whatever question comes to your mind, we answer you, and we also give a lecture. Did you understand the answer?!
The questioner: And we hope you will honor us by writing, if it is possible for you, to honor us by writing something on this matter.
The Shaykh: By Allah, if we were free!! Perhaps you know that I have dedicated myself since the softness of my nails to serving the Sunnah of my Prophet (peace and blessings be upon him and his family), and the time does not allow, nor even the life, and I have approached, rather entered, eighty. I cannot fulfill the request of every seeker, and we ask Allah (Mighty and Majestic) to make us, all Muslims, cooperating in righteousness and piety, and restraining from cooperating in sin, and peace be upon you.
The questioner : And upon you be peace, and the mercy of Allah and His blessings.
Another questioner: It appears that it is from them and for them!
The Shaykh: Yes, it is so, of course, what do you expect from this defense?! A great fitnah will occur in Saudi Arabia, right?
The questioner: Correct.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.