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Frequently Asked Questions – Social Justice Series

In this series, Shaykh Walead Mosaad speaks about defining social justice in the Islamic paradigm. In this segment, he answers some frequently asked questions about the topic.

Q: Should we partner with groups with whom we have some differences of opinion?

A: The Qur’an tells us to co-operate in good and God-fearingness. Is it not wrong to ally with someone on a just cause, however you should take care. Many times, these issues are political in nature, with a sense of “we do something for you, you do something for us.” If you do go into an alliance with such a group, you should go in with eyes open and be clear on which points you agree and don’t.

Q: How should we act as a Muslim minority?

A: For most of Islamic history, Muslims have been the minority, in places like Egypt, the Arabian Peninsula, Iraq, and more. Places that do have a Muslim majority, such as Somalia, Indonesia, Kenya and Mozambique, became such without a single Muslim army entering them. Being a minority group is nothing new in Islamic history.

Q: How should we navigate unjust laws? 

A: We need to make a distinction between the laws that we can accept, and the laws that we absolutely cannot accept. For example, if a government makes a low forbidding people from praying five times a day, then we need to do something about it. However, if the law relates to things that are not required by Islam, we should follow it, but can oppose it or work towards it.

Q: How should we view the idea of civil disobedience?

A: On one hand, if we agree to live in a society, we should abide by the law. However, there may be situations that arise when we might need to take action, such as when Rosa Parks protested racial segregation. Civil disobedience does not always mean breaking the law, but we should be careful not to harm the people we seek to convince. For example, having a protest that shuts down an airport, will do the most harm to people who need to fly for medical reasons, or to meet important deadlines. We have to consider what we will be doing, and whether it will actually help the outcome.

Q: What should we do if we are called to jury duty?

A: There is nothing impermissible about being a member of the jury, and it is generally a civic duty. However, you could do what many scholars did, which was to avoid being judges. Once, Imam Abu Hanifa and two other scholars were called to be interviewed for the position of Qadi, or judge. The first pretended to be insane, and Abu Hanifa declared that he was unfit for the post, which caused the ruler to dismiss them both. The third was confused as to what to say, and became the Qadi by default.

Q: What advice would you give to parents of children who feel marginalised?

A: We cannot shield our children from the world, and we should teach them that these things are going to happen. We need to give them a good sense of identity. From a young age, we should instil in them a sense of self-worth, and that the dunya will necessarily include tribulations.

Q: Why is speaking about social justice important, while most Muslims lack even basic tawheed (creed)?

A: Questioning peoples tawheed is questioning their Islam, so that is not a fair assessment to make. If a person believes in Allah and His Messenger, part of their tawheed would necessarily be upholding social justice, as well as the rest of the Prophetic teachings.

About the Series

Social justice has been the focus in recent times of Muslim activists and communities. More often than not, the methods and objectives employed in Muslim social justice work has drawn from practices of other communities and traditions not necessarily rooted in Islamic principles. Does the Islamic tradition contain relevant principles that can be drawn upon to inform social justice work?


When Confronted With Brutal Injustice, by Shaykh Salim Mauladdawila

Remaining faithful and strategic when confronted with brutal injustice is perhaps one of the most challenging tests of this life. However, it is the right thing to do and it pays off, explains Shaykh Salim Mauladdawila.

The tale of the first murder committed in human history and the ripples of sin that would emanate therefrom is one from which many lessons are drawn. The pride of Qabil, the elder brother, his disobedience of his father Prophet Adam, and his inability to accept God’s divine decree all came together to culminate in him committing the vile act of murdering his own brother in cold blood. Of his sin God says in the Quran,

“We decreed for the children of Israel that whosoever kills a human being, except [as punishment] for murder or for spreading corruption in the land, it shall be as if he killed all humanity” [5:32].

The Prophet Muhammad further explained in a hadith narrated by Imam Muslim,

“No person is killed unjustly except that the first share of sin falls upon the son of Adam, for he was the first to introduce killing.”

Greater than that perhaps, as some scholars have pointed out, Qabil’s transgression marks mankind’s first open defiance of his Lord, and it would serve as a divide for all the descendants of Adam to come. From that day there would now be two groups in human civilisation: those who follow prophetic guidance, and those who turn away.
But just before that fateful moment when Qabil struck down Habil, the younger of the two, Habil spoke inspired words. Threatened by his brother, he is quoted by God as saying to him,

“If you raise your hand to kill me, I will raise not mine to kill you, for verily I fear God, the Lord of all the worlds” [5:28].

Referencing this thousands of years later, the Prophet Muhammad would say in narrations collected by Abu Dawud, Ibn Majah, Imam Ahmad, and others that when in times of incredible tribulation, it is upon us to “be like the better of Adam’s two sons”.

When Muslim Commit Wrong

Anger and outrage are natural reactions to encountering injustice. When the injustice is towards our fellow Muslims, we are understandably angered further. But sometimes we find Muslims themselves committing wrong. Be it in the sphere of our immediate family, local community, or on a global level, when injustice and oppression occur so close to home we typically feel shaken and betrayed. We cry out for justice and wish that the perpetrators get their comeuppance. Sometimes the powers that be handle the situation correctly and we are blessed with closure, but other times justice escapes us, be it through systemic failure of a trusted establishment or another reason. At times the guilty party is so close to us and so respected by us that we feel that no matter the outcome, true forgiveness can never take place.

Being Entitled to Justice

We are all entitled to justice, however in its pursuit it is pertinent we keep two things in mind: we cannot let our pursuit of justice be an excuse for transgressing the sacred law, and true justice in God’s sight extends to beyond this world and is ultimately carried out on the Day of Judgement.
The vast majority of us can be thankful that no one is immediately threatening their life, but when we are wronged, the Prophet’s advice to “be like the better of Adam’s two sons” remains golden. For us, his words mean that we should maintain high standards in all our interactions, and that whatever situation we find ourselves in, it is upon us to remain bound by the rulings of the sacred law.
In the Quran, God advises us as to what we should do when facing injustice. He says,

“And surely we will try you with something of fear, hunger, and loss of wealth, life, and the fruits [of your labour]; but give glad tidings to those who have patience, who, when assailed by adversity, say, ‘Surely we belong to God, and to Him we shall return.’” [2:155-156].

More than simply being words to utter in times of tribulation, what God is outlining for us here is an understanding that Muslims should have in all their interactions. A way of thought that guides us in our daily dealings. Scholars who have commented on this verse have noted that there are two kinds of adversities which can befall us, and this verse is teaching us how to behave with both:

  1. adversity directly from God, like illness or death, and
  2. adversity which comes in the form of animosity and injustice from other human beings.

“Surely we belong to God” means that when God tests us with some affliction, we reaffirm our status as His slaves, surrender to Him all our affairs, and are ultimately pleased with His decree. As for when another person wrongs us, “surely we belong to God” means we turn to Him for retreat and do not seek appeasement for our anger thorough unlegislated means, for He who we belong to has ordered us so.

Two Wrongs Do Not Make A Right

Indeed God specifically mentions three traits of the pious as those “who expend both in joy and tribulation, who suppress their anger, and pardon the people” [3:134]. God also gives us further direction in how to respond saying, “Good and evil are not alike: respond [to evil] with the better deed” [41:34]. We aught to be mindful of this verse and not stoop to the lows of our oppressors. We do not subscribe to the notion that two wrongs make a right and we always strive to seek the pleasure of our Lord through the means he has permitted.

The Hadith of the Lie

A look at the examples of our Prophet, his Companions, and the pious people in Muslim history gives us further guidance in these matters. One of the greatest examples we have is in the well-known Ifk Hadith, or the hadith of the lie.
A lengthy hadith narrated by Imam al-Bukhari, the Ifk Hadith deals with an incident where the Prophet’s wife Sayyida Aisha was falsely accused of promiscuity outside of her marriage. Over a period longer than a month, false accusations were spread in Medina causing much distress to the Prophetic household and the household of Abu Bakr al-Siddiq. Aisha’s innocence was eventually proclaimed by God in a revealed verse and the propagators of the lie were duly punished. What remains for us are several lessons in correctly dealing with communal problems.
Firstly, throughout the narration Aisha does not slander any of the individuals who blackened her name. She was proven innocent and justice was served, and she did not seek more than that. Indeed during the ordeal, her only words to the Prophet were, quoting the prophet Yaqub, “patience is best. I seek the aid of God alone for what you impute” [12:18]. Out of the several individuals involved, only two are mentioned by name; one who is somewhat essential to the story and the other, the main source of the lies, is only named in passing. We also find that when the Prophet stood on the pulpit in his mosque and addressed his Companions regarding the allegations, he refers to the source of the lies simply as “a man”. The anonymity of those who spread the lie was maintained to the point that even modern hadith scholars disagree as to who exactly was punished.
Furthermore, probably the most astounding thing we see is the behaviour of Abu Bakr, the father of Aisha, during the turmoil. One of the accusers was Abu Bakr’s first cousin once removed. He was a poor man, and Abu Bakr provided him with aid. While his daughter was actively being slandered, Abu Bakr continued providing for his relative fully aware of his role in the matter. Even when the accuser’s own mother cursed her son, Abu Bakr continued to financially support him. It was only when Aisha’s innocence was revealed by God that Abu Bakr swore to end his charity. However even then, upon revelation of the verse, “Let not those of means amongst you swear that they will not give to their relatives, the poor, and those who leave their homes in the service of God. They should forgive and overlook [their failings]. Would you not like God to forgive you?” [24:22], Abu Bakr resumed his aid, saying, “Yes, by God, I wish that God should forgive me”, and, “By God, I will never withhold it from him ever”.

The Case of Yemen

Even in modern times, we find amazing examples of “responding with the better deed”. In parts of Yemen once under communist control, Islamic scholars were silenced with threats, abducted, and even killed, sometimes publicly. The collapse of the USSR brought with it the fall of communism in the region, and religious scholars returned to the vanguard of traditional society. Their return, however, did not usher in of a wave of bitter reprisals for abducted fathers and murdered uncles. Not one scholar used their position of influence to seek revenge on those who had ransacked their homes and evicted their families. Those previously aligned with the oppressive party found that the scholars did not expose them as wrongdoers, and instead encouraged their repentance and return to sound behaviour and faith. The pious scholars, like the pious of the Muslims before them, busied themselves with God’s words, “Indeed, God orders justice, good conduct, and giving to relatives, and forbids immorality, bad conduct, and oppression” [16:90], and their trust was with his verses, “Whosoever does an atom’s weight of good will see it, and whosoever does an atom’s weight of evil will see it” [99:7-8].

Allah Takes Care of It All

We have been blessed with a religion so complete that we can always find guidance, and a God so merciful that we are never left forsaken. Many scholars state that one of the reasons our Prophet Muhammad endured so many hardships in life was to provide us with a sound example to guide us in our own tribulations. As followers of the Prophet, we cannot let scandals and acts of oppression cause us to forget the moral standards we strive to live by. We are to remember that our God is merciful, and no injustice goes unpunished, be it in this world or in the next.
When we seek justice, we do so for all creation, but without crossing the lines defined by the religious law. We cannot take matters into our own hands in acts of anarchism. We have no rights over any other person’s property. Slander, back-biting, and vilification are all strictly prohibited by our Lord. If justice escapes us, we should remind ourselves that true justice takes place in the hereafter.
As Muslims, we are ordered to do good, but God continuously encourages and calls us to excellence. In acts of obedience and in acts of wrongdoing, we are reminded by the words of our Prophet, “God the almighty is good and accepts only that which is good”.

Resources for Seekers

Ethics of Healing – Dr. Ingrid Mattson

We need to step back and look at our community holistically and ask ourselves: is this a healthy community? How is the Muslim community at a global and domestic level?

Join Dr. Ingrid Mattson at an interdisciplinary theological conference regarding the relationship between ethics and medicine and its direct impact on the Muslim community and  polity. She invites the listener to ponder on the relationship between ethics and medicine in the context of the community.

“As Muslims we are a work in progress as a community. Being a Muslim is fundamentally about becoming rather than being and there are times when we are in flux more than certainty and uncertainty makes humans anxious,” states Dr. Mattson.

Our age and communities have become defined by change and mobility. We have never been as mobile as we have been today, and it’s not going to end.  If there is no accurate understanding of the demographics of a particular community there can easily be corruption and wrong-doing even if it stems from well-intentioned minds and hearts. What defines our regulatory bodies? Our policies and concerns? What connects our communities in the hospital setting?

“Chaplains are equipped to be the bridge between medicine and ethics,” declares Dr. Mattson.

Chaplains bring the healing presence that the Prophet (SAW) represented. They bring full presence and the human touch. We have evidence that touch is healing, presence is healing and caring is healing and that is the tradition of the Prophet (SAW). These actions are the healing and human presence in the medical setting.

We are grateful to Initiative on Islam and Medicine for the video. Cover Photo by  Alex E. Proimos

 

Resources for Seekers :

Dr. Umar Faruq Abd-Allah on Gambian TV

While in Gambia for a conference, Dr. Umar Faruq Abd-Allah (biography) was interviewed for Gambian television. In it, he discusses evidence of Muslims visiting the Americas before Columbus, how he entered Islam, modernity as an economic system, how to deal with sectarianism, and the distinction between Shari’ah and haqeeqah.

 

Part 1

Part 2

Part 3

Part 4

Part 5

 

Obeying the Law of the Land in the West

Answered by Mufti Muhammad ibn Adam

Question : Obeying the Law of the Land in the West

Answer : Muslims are generally obliged to abide by the laws of the land and the country they live in, whether it is a Islamic state (al-khilafa), Muslim countries, or non-Muslim countries such as those in the west, as long as they are not ordered to practice something that is against Shariah. If they are forced by the law to commit a sin, then in such a case, it will not just be unnecessary to abide by the law, rather impermissible.

Some Muslims are under the impression that it is permissible to violate the laws of countries that are not an Islamic state (al-Khilafa), which is totally incorrect. Muslims must adhere to the laws of any country they live in, whether in the west or the east, as long as the law is not in contradiction with one’s religion.

Sayyiduna Abd Allah ibn Umar (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “It is necessary upon a Muslim to listen to and obey the ruler, as long as one is not ordered to carry out a sin. If he is commanded to commit a sin, then there is no adherence and obedience.” (Sahih al-Bukhari, no. 2796 & Sunan Tirmidhi)

The above Hadith is general, in that it does not distinguish between Muslim and non-Muslim lands, although the understanding of the scholars is that it generally applies to Muslim lands.

Furthermore, many scholars have divided non-Muslim lands (dar al-Harb/kufr) into two categories, Dar al-Khawf & Dar al-Aman. The former (dar al-khawf) refers to a land where Muslims are under a constant threat and fear with regards to their religion, life and wealth, whilst the latter (dar al-Aman) refers to a land where Muslims are relatively secure and safe. In Dar al-Aman (such as many non-Muslim countries in the west), many of the injunctions and rulings are very similar to Muslim lands (dar al-Islam), thus the command of following the laws of the land would also apply in these non-Muslim lands. (See: Radd al-Muhtar)

Those who are of the view that it is not necessary to obey the laws of the land unless it is ruled by a proper Islamic governance system, usually say that these laws are non-Islamic and man made, and one is only obliged to abide by the laws of Allah!

In reality, this is a very immature understanding of Islam, for even an Islamic Khilafa government would implement laws that are the creation of their own minds and Ijtihad. If an Islamic government sees the need to implement a certain law, then it has the full jurisdiction to do so, even if it is not found in the Qur’an and Sunnah.

All the scholars unanimously agree that, if an Islamic government decides to implement a law for the benefit of the country and its citizens, then there is nothing wrong in doing so, as long as it does not contradict Shariah, and this law will be binding upon every citizen of that country, even if it was not made obligatory by Shariah initially. Therefore, the laws which an Islamic Khilafa government will set down will also be “man made”, and binding upon all the citizens.

Then the case here is not between “Allah’s laws” and “man made laws” rather one must understand and deal with the issue more rationally and deeply.

When one lives in a particular country, one agrees verbally, in writing or effectively to adhere to the rules and regulations of that country. This, according to Shariah, is considered to be a covenant, agreement and trust. One is obliged to fulfil the trust regardless of whether it is contracted with a friend, enemy, Muslim, non-Muslim or a government. The Messenger of Allah (Allah bless him & give him peace) and his Companions (Allah be pleased with them all) always stood by their word and did not breach any trust or agreement, as it is clear from the books of Sunnah and history. Thus, to break a promise or breach a trust of even a non-Muslim is absolutely unlawful and considered a sign of being a hypocrite (munafiq).

Allah Most High states:

“And fulfil (every) engagement (ahd), for (every) engagement will be enquired into (on the day of reckoning).” (Surah al-Isra, v. 34)

Similarly, Allah Most High states:

Allah does command you to render back your trusts to those to whom they are due, and when you judge between people that you judge with justice.” (Surah al-Nisa, v. 58)

And regarding the one who breaks an agreement and is guilty of treachery, Allah Almighty says:

“Allah loves not the treacherous.” (Surah al-Anfal, v. 58)

Sayyiduna Abu Hurayra (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “The signs of a hypocrite are three: When he speaks he leis, when he makes a promise he breaks it, and when he is given a trust he breaches it.” (Sahih al-Bukhari, no. 33)

Sayyiduna Abd Allah ibn Amr (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “Four traits, if found in an individual, then he will be a complete hypocrite (munafiq), and if an individual possesses one of these four, he will have one portion of nifaq: When he is given a trust he breaches it, when he speaks he leis, when he makes an agreement (ahd) he is guilty of treachery and disloyalty (gadar), and when he disputes he is fouled mouth.” (Sahih al-Bukhari, no. 34)

The Messenger of Allah (Allah bless him & give him peace) clearly gave guidance as how to one’s behaviour should be towards a person with whom one has an agreement or a covenant.

Safwan ibn Sulaym narrates from a number of Companions of the Messenger of Allah (Allah be pleased with them all) on the authority of their fathers who were relatives of each other, that the Messenger of Allah (Allah bless him & give him peace) said: “Beware, if anyone oppresses (or wrongs) the one with whom one has a agreement (mu’ahid), or diminishes his right, or forces him to work beyond his capacity, or takes from him anything without his consent, I shall plead for him on the Day of Judgment.” (Sunan Abu Dawud, no. 3047)

The above Hadith is quite clear, in that a Muslim is obliged to fulfil the covenant or agreement of even a non-Muslim. If such an agreement (ahd) takes place, then one will be considered to have safeguarded his life, wealth and property. It will be unlawful (haram), as mentioned quite clearly in the Hadith, to take any wealth of the one with whom there is an agreement without his consent. This categorically rules out the notion of some who consider taking of government wealth even by unlawful means to be permissible.

The practice of the Messenger of Allah (Allah bless him & give him peace) and his Companions (Allah be pleased with them all) also clearly illustrates the importance of fulfilling a covenant, and the unlawfulness of treachery.

During the battle of Khaybar which took place between the Muslims and Jews, the Messenger of Allah (Allah bless him & give him peace) and his Companions (Allah be pleased with them all) besieged the fort of Khaybar wherein the Jews were residing. A poor Shepard who was working for his Jewish master had already heard about the Messenger of Allah (Allah bless him & give him peace), and upon seeing the Muslim army, thought that it was a good opportunity to inquire about Islam. He came out of the fort with the goats and sheep he was looking after and asked the whereabouts of the Messenger of Allah (Allah bless him & give him peace). Upon being directed towards the Messenger of Allah (Allah bless him & give him peace), he inquired about the basic teachings of Islam, and then said: “What will my status be if I accept Islam?” The Messenger of Allah (Allah bless him & give him peace) replied: “I will embrace you, you will become my brother and enjoy the same rights as other Muslims.” He said: “I am very poor and in a bad state. I am totally black and have bad odour coming from my body and cloths. How will you embrace me if I am in such a condition?” The Messenger of Allah (Allah bless him & give him peace) replied: “I shall embrace you, for all of Allah’s servants are equal in His sight.” He said: “If I embrace Islam, what will my fate be?” The Messenger of Allah (Allah bless him & give him peace) said: “I bear witness that if you accept Islam, Allah will change the darkness of your body to light, and the bad odour to good fragrance.” These words of the Messenger of Allah (Allah bless him & give him peace) had their effect on his heart, thus he embraced Islam.

After entering into the fold of Islam, he asked the Messenger of Allah (Allah bless him & give him peace) what he was obliged to do? The Messenger of Allah (Allah bless him & give him peace) said that they were at the moment in the midst of war, thus the obligation at this moment and time was to participate in Jihad. However, the Messenger of Allah (Allah bless him & give him peace) said to him: “The first and foremost thing you need to do is return these animals to its Jewish owner and then engage in Jihad.”

As mentioned earlier, these animals belonged to a Jew who was in the opposing army, but the Messenger of Allah (Allah bless him & give him peace) ordered him to go back and return them. The reason being, that he had taken these goats and sheep on a trust, and it is necessary by Shariah to return the belongings taken on trust back to its owner.

Thereafter, he participated in the holy battle (jihad) and was amongst the martyrs. The Messenger of Allah (Allah bless him & give him peace) recognised his body, thus addressed his Companions that I see with my own eyes that he has been given a bath in the sacred water of paradise, and Allah has changed his darkness to shining white and his bad foul smell to refreshing fragrance.

The above is an amazing example of fulfilling a trust of even an enemy. The Messenger of Allah (Allah bless him & give him peace) was in the midst of war with the Jews of Khaybar, yet he ordered the herdsman to go back and return the animals.

It is true that, a Muslim army is allowed to seize the wealth and belongings of the opposing army during the state of war, but because the Shepard had taken these animals under a contract before the war, he was ordered to fulfil the contract, thus return them to its rightful owner sound and safe.

Those who claim that one may rob and loot the wealth of the western governments in any way possible, should ponder over the abovementioned incident with due diligence. If the Messenger of Allah (Allah bless him & give him peace) orders the belongings of a Jew (who is in the opposing army) to be returned to him, then how can one substantiate the permissibility of taking the wealth of the government unlawfully!

In conclusion, it is necessary by Shariah to abide by the laws of the country one lives in, regardless of the nature of the law, as long as it does not contradict Shariah. However, if the law demands something that is against Islam & Shariah, then it will be necessary to abstain from adhering to it, for the famous Hadith states:

“There is no obedience of the creation wherein there is disobedience to the Creator.” (Musnad Ahmad).

And Allah Knows Best
Muhammad ibn Adam
Darul Iftaa
Leicester , UK