Seeking Judicial and Religious Positions for the Sake of the Muslims' Interests
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Question:
Many students of knowledge shy away from religious positions. What is the reason for this, and is there any advice for the audience? It is also observed that many students in the Shari'ah colleges seek by all means to escape from the judiciary. What is your advice to them?
Answer:
Religious positions, such as the judiciary, teaching, issuing fatwas, and delivering sermons, are noble and important posts. The Muslims are in great need of them. If the scholars abandon them, the ignorant will take them over, and they will go astray and lead others astray.
Therefore, it is obligatory for any scholar or jurist whom the need calls upon to comply. This is because these matters—the judiciary, teaching, preaching, and calling people to Allah, as well as similar duties—are collective obligations (fard kifayah). When a specific qualified person is identified for such a duty, it becomes obligatory for him, and it is not permissible for him to make excuses or refuse.
Then, even if it is assumed that there are others who are sufficient and that this matter is not obligatory for him, he should look at what is most beneficial. As Allah the Exalted mentioned regarding Yusuf (peace be upon him), he said to the king of Egypt: [Yusuf:55]. When he saw the benefit in taking on that responsibility, he sought the position. He was a prophet and a noble messenger, and the prophets are the best of people. He sought it for the sake of reform: to reform the people of Egypt and call them to the truth.
So, the student of knowledge: if he sees the benefit in it, he should seek the position, whether it is in the judiciary, teaching, a ministry, or otherwise, on the condition that his intention is reform and good, and that his intention is not the worldly life. Rather, he should seek the Face of Allah, a good return in the Hereafter, and to benefit people: in their religion first, and then in their worldly affairs. He should not be satisfied with the ignorant and open sinners taking on these positions. If he is called to a suitable position and he sees himself as qualified for it, and that he has the strength to handle it, let him respond to it, let him make his intention sincere, and let him exert his utmost effort in it. He should not say, "I fear such and such, and I fear such and such."
With a sincere intention and truthfulness in work, the servant is granted success and assistance in it. If he makes his intention sincere for the sake of Allah and exerts his utmost effort in good, Allah will guide him.
From this category is the hadith of Uthman ibn Abi al-As al-Thaqafi, who said: "O Messenger of Allah, make me the imam of my people." The Prophet (peace and blessings be upon him) said:Sunan an-Nasa'i 672Sahih (Darussalam) It was narrated by Imam Ahmad and the people of the Sunan with a sound chain.
So, he sought the imamate of his people for the sake of the Shari'ah interest, and to guide them to good, teach them, enjoin what is right, and forbid what is wrong, just as Yusuf (peace be upon him) did.
The scholars said: Seeking authority and governance is only prohibited when there is no need for it, because it is a risk, as the prohibition of it came in the hadith. But when the need and the Shari'ah interest call for seeking it, it is permissible, due to the story of Yusuf (peace be upon him) and the hadith of Uthman mentioned above.
Many students of knowledge shy away from religious positions. What is the reason for this, and is there any advice for the audience? It is also observed that many students in the Shari'ah colleges seek by all means to escape from the judiciary. What is your advice to them?
Answer:
Religious positions, such as the judiciary, teaching, issuing fatwas, and delivering sermons, are noble and important posts. The Muslims are in great need of them. If the scholars abandon them, the ignorant will take them over, and they will go astray and lead others astray.
Therefore, it is obligatory for any scholar or jurist whom the need calls upon to comply. This is because these matters—the judiciary, teaching, preaching, and calling people to Allah, as well as similar duties—are collective obligations (fard kifayah). When a specific qualified person is identified for such a duty, it becomes obligatory for him, and it is not permissible for him to make excuses or refuse.
Then, even if it is assumed that there are others who are sufficient and that this matter is not obligatory for him, he should look at what is most beneficial. As Allah the Exalted mentioned regarding Yusuf (peace be upon him), he said to the king of Egypt:
[Joseph] said, "Appoint me over the storehouses of the land. Indeed, I will be a knowing guardian."
قَالَ اجْعَلْنِي عَلَى خَزَآئِنِ الأَرْضِ إِنِّي حَفِيظٌ عَلِيمٌSo, the student of knowledge: if he sees the benefit in it, he should seek the position, whether it is in the judiciary, teaching, a ministry, or otherwise, on the condition that his intention is reform and good, and that his intention is not the worldly life. Rather, he should seek the Face of Allah, a good return in the Hereafter, and to benefit people: in their religion first, and then in their worldly affairs. He should not be satisfied with the ignorant and open sinners taking on these positions. If he is called to a suitable position and he sees himself as qualified for it, and that he has the strength to handle it, let him respond to it, let him make his intention sincere, and let him exert his utmost effort in it. He should not say, "I fear such and such, and I fear such and such."
With a sincere intention and truthfulness in work, the servant is granted success and assistance in it. If he makes his intention sincere for the sake of Allah and exerts his utmost effort in good, Allah will guide him.
From this category is the hadith of Uthman ibn Abi al-As al-Thaqafi, who said: "O Messenger of Allah, make me the imam of my people." The Prophet (peace and blessings be upon him) said:
You are their Imam, so consider the weakest among them and choose a Mu'adhdhin who does not accept any payment for his Adhan.
أنت إمامهم، واقتد بأضعفهم، واتخذ مؤذنًا، لا يأخذ على أذانه أجرًاSo, he sought the imamate of his people for the sake of the Shari'ah interest, and to guide them to good, teach them, enjoin what is right, and forbid what is wrong, just as Yusuf (peace be upon him) did.
The scholars said: Seeking authority and governance is only prohibited when there is no need for it, because it is a risk, as the prohibition of it came in the hadith. But when the need and the Shari'ah interest call for seeking it, it is permissible, due to the story of Yusuf (peace be upon him) and the hadith of Uthman mentioned above.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
