by Ibn Hazm al-Andalusi az-Z
by Ibn Hazm al-Andalusi az-Z
ā
ā
hiri
hiri
(died 456 AH)
(died 456 AH)
Translat
Translated by Abū
ed by Abū Hassān
Hassān
Source: Al-Fisal fil-Milal,Transl
Translator's note: "Commanding Virtue and Forbidding Vice"
ator's note: "Commanding Virtue and Forbidding Vice" in the context used by
in the context used by Ibn Hazm
Ibn Hazm
and others
and others
in the earlier generations, is in
in the earlier generations, is in relation to how one deals with implementing the sharī‘ah in society;
relation to how one deals with implementing the sharī‘ah in society;
specifically, how the citizen deals with the government; it is a political and legal topic.
specifically, how the citizen deals with the government; it is a political and legal topic.
((
Abū Muhammad said
Abū Muhammad said
): The entire ummah ): The entire ummah [nation] has agreed on the wujūb [nation] has agreed on the wujūb [obligation[obligation] of ] of commanding ma‘rūf [virtue, lit.: "known (to be good)"] andcommanding ma‘rūf [virtue, lit.: "known (to be good)"] and forbidding munkar [vice, lit. "denied"].forbidding munkar [vice, lit. "denied"]. There has never been any disagreement about this, because
There has never been any disagreement about this, because
Allāh Ta‘āla said:
Allāh Ta‘āla said:
{And there-must-be{And there-must-befrom you an ummah calling to ma‘rūf and forbidding munkar}
from you an ummah calling to ma‘rūf and forbidding munkar} [Al ‘Imrān 3:104].[Al ‘Imrān 3:104]. Then, there arose a disagreement about how this is implemented.
Then, there arose a disagreement about how this is implemented. The opinion of
The opinion of
some
some
of ofAhl as-Sunnah
Ahl as-Sunnah
, from the elderly, from the elderlySahābah
Sahābah
and those after them (radiyallāhuand those after them (radiyallāhu ‘anhum), like:‘anhum), like:
Sa‘d ibn Abī Waqqās
Sa‘d ibn Abī Waqqās
;;Usāmah ibn Zaid
Usāmah ibn Zaid
;;Ibn ‘Umar
Ibn ‘Umar
;;Muhammad
Muhammad
ibn
ibn
Maslamah
Maslamah
; and; and those later, like:those later, like:
Ahmad
Ahmad
ibn
ibn
Hanbal
Hanbal
; was that: the method is done initially only by the qalb [hatred;; was that: the method is done initially only by the qalb [hatred; inner protest; lit. "heart"] and then by the lisān [speech; outward protest; lit. "tongue"] if one is able, inner protest; lit. "heart"] and then by the lisān [speech; outward protest; lit. "tongue"] if one is able, but never by the yadbut never by the yad [combat, physical force; lit. "hand"].[combat, physical force; lit. "hand"]. This is the opinion of
This is the opinion of
Abū Bakr
Abū Bakr
ibn
ibn
Kaisan
Kaisan
[the[theMu‘tazili
Mu‘tazili
]; and of all of the]; and of all of theRawāfid
Rawāfid
[extreme[extremeShi‘ah
Shi‘ah
],], even it is meant they were all killed; except if theeven it is meant they were all killed; except if the
Mahdi
Mahdi
emerges, in which case everyone must fightemerges, in which case everyone must fight alongside him.alongside him. Those of
Those of
Ahl as-Sunnah
Ahl as-Sunnah
with this opinion claim to follow the example with this opinion claim to follow the example of of‘Uthmān
‘Uthmān
(radiy
(radiy
allāhu
allāhu
‘anhu)
‘anhu)
; and that of ; and that of the above-mentionedthe above-mentionedSahābah
Sahābah (radiy
(radiyallāhu ‘anhum)
allāhu ‘anhum)
; of those who sat [in the; of those who sat [in the affairs ofaffairs of
‘Alī
‘Alī
,,Mu‘āwiyah
Mu‘āwiyah
andand‘Ā’ishah
‘Ā’ishah
] instead of fighting;] instead of fighting;however
however
, all of those with this opinion, all of those with this opinion fromfrom
Ahl as-Sunnah
Ahl as-Sunnah
only considered it so when (the ruler) was not ‘adl [correct, just, fair];only considered it so when (the ruler) was not ‘adl [correct, just, fair];if the
if the
leader was ‘adl and a fāsiq [rebellious sinner] rose against him
leader was ‘adl and a fāsiq [rebellious sinner] rose against him
, then all of them agreed to fighting on, then all of them agreed to fighting on the leader's side.the leader's side.
Ibn ‘Umar
Ibn ‘Umar
is reported to have said:is reported to have said: "If I knew which group was transgressing, no one"If I knew which group was transgressing, no onewould precede me in fighting them."
would precede me in fighting them."
((
Abū Muhammad said
Abū Muhammad said
): There is no other way to regard the): There is no other way to regard theSahābah
Sahābah (radiy
(radiyallāhu ‘anhum)
allāhu ‘anhum)
[i.e. that[i.e. that they would fight against tyranny if they knew where it was; to think otherwise ofthey would fight against tyranny if they knew where it was; to think otherwise of them would bethem would be degrading to them].
degrading to them]. Then groups of
Then groups of
Ahl as-Sunnah
Ahl as-Sunnah
; the rest of the; the rest of theMu‘tazilah
Mu‘tazilah
; all of the; all of theKhawārij
Khawārij
; and the; and theZaidīyah
Zaidīyah
;; considered that unsheathing the sword to command virtue and forbidconsidered that unsheathing the sword to command virtue and forbid vice is wājib [obligatory; lit. "avice is wājib [obligatory; lit. "a must"]
must"]
if there is no other
if there is no other way to remove the vice
way to remove the vice
; if some people are organized upon the truth, and; if some people are organized upon the truth, and they are able to fight without losing hope of victory, then it is fard [compulsory, obligatory] upon they are able to fight without losing hope of victory, then it is fard [compulsory, obligatory] upon them; but if they are a small, weak force unhopeful to win, then they may leave off using the yad to them; but if they are a small, weak force unhopeful to win, then they may leave off using the yad to change thechange the munkar.munkar. This is the opinion of
This is the opinion of
‘Alī ibn Abī Tālib (radiyallāhu ‘anhu)
‘Alī ibn Abī Tālib (radiyallāhu ‘anhu)
and those with him of theand those with him of theSahābah
Sahābah
; of the; of theMother of the
Mother of the
Believers ‘Ā’ishah
Believers ‘Ā’ishah
(radiyallāhu ‘anhā)
(radiyallāhu ‘anhā)
,,Talhah
Talhah
,,az-Zubair
az-Zubair
, and those with them of the, and those with them of theSahābah
Sahābah
; of ; ofMu‘āwiyah
Mu‘āwiyah
,,‘Amr
‘Amr
,,an-Nu‘mān ibn Bashīr
an-Nu‘mān ibn Bashīr
, and those with them of the, and those with them of theSahābah
Sahābah
(radiyallāhu ‘anhum ajma‘īn)
(radiyallāhu ‘anhum ajma‘īn)
; it is the opinion of:; it is the opinion of:‘Abd Allāh ibn az-Zubair
‘Abd Allāh ibn az-Zubair
;;Muhammad
Muhammad
;;al-Hasan
al-Hasan
ibn ‘Alī
ibn ‘Alī
; and the rest of the; and the rest of theSahābah
Sahābah
from thefrom theMuhājirin
Muhājirin
and theand theAnsār
Ansār
who fought on the Day of Al-who fought on the Day of Al-HarrahHarrah
(radiyallāhu ‘anhum jamī‘ihim ajma‘īn)
(radiyallāhu ‘anhum jamī‘ihim ajma‘īn)
; it is the opinion of all those who stood up against; it is the opinion of all those who stood up againstal-
al-Hajjāj
from the best of the
from the best of the
Tābi‘īn
Tābi‘īn
, like:, like:‘Abd al-Rahmān ibn Abī Laila
‘Abd al-Rahmān ibn Abī Laila
;;Sa‘īd ibn Jubair
Sa‘īd ibn Jubair
;;Abul-Bakhtari at-
Abul-Bakhtari
at-Tā’i
Tā’i
;;‘Atā’ as-Sulami al-Azdi
‘Atā’ as-Sulami al-Azdi
;;al-Hasan al-Basri
al-Hasan al-Basri
;;Mālik ibn Dinar
Mālik ibn Dinar
;;Muslim ibn Bashār
Muslim ibn Bashār
;;Abul-Haurā’
Abul-Haurā’
;;as-Sha‘bi
as-Sha‘bi
;;‘Abd Allāh ibn Ghālib
‘Abd Allāh ibn Ghālib
;;‘Uqbah ibn ‘Abd al-Ghāfir
‘Uqbah ibn ‘Abd al-Ghāfir
;;‘Uqbah ibn Sahbān
‘Uqbah ibn Sahbān
;;Māhān
Māhān
;;al-Muttarif
al-Muttarif
ibn al-Mughīrah ibn S
ibn al-Mughīrah ibn S
hu‘bah
hu‘bah
;;Abul-Ma‘ad
Abul-Ma‘ad
;;Hanzalah ibn ‘Abd Allāh
Hanzalah ibn ‘Abd Allāh
;;Abus-Suhh al-Hanā’i
Abus-Suhh al-Hanā’i
;;Talq ibn
Talq ibn
Habīb
Habīb
;;al-Muttarif ibn ‘A
al-Muttarif ibn ‘A
bd Allāh ibn
bd Allāh ibn
as-Sakhīr
as-Sakhīr
;;an-Nadr ibn Anas
an-Nadr ibn Anas
;;‘Atā’ ibn as-Sā’ib
‘Atā’ ibn as-Sā’ib
;;Ibrāhīm ibn
Ibrāhīm ibn
Yazīd at-Taimi
Yazīd at-Taimi
;;Abul-Hausa
Abul-Hausa
;;Jibillah ibn Zahr
Jibillah ibn Zahr
; and others; and those of the; and others; and those of theTābi‘ Tābi‘īn
Tābi‘ Tābi‘īn
like:like:‘Abd
‘Abd
Allāh ibn ‘Abd Al-‘Azīz ibn ‘Abd Allāh ibn ‘Umar
Allāh ibn ‘Abd Al-‘Azīz ibn ‘Abd Allāh ibn ‘Umar
;;Muhammad ibn ‘Ajlān
Muhammad ibn ‘Ajlān
; and those who fought; and those who fought alongsidealongside
Muhammad ibn ‘Abd Allāh ibn al-Hasan
Muhammad ibn ‘Abd Allāh ibn al-Hasan
;;Hāshim ibn Bishr
Hāshim ibn Bishr
;;Matar
Matar
; and those who fought; and those who fought alongsidealongside
Ibrāhīm ibn ‘Abd Allāh
Ibrāhīm ibn ‘Abd Allāh
; and it is the opinion indicated by the fuqahā [jurists, pl. of ; and it is the opinion indicated by the fuqahā [jurists, pl. of faqīh]faqīh] likelike
Abū Hanīfah
Abū Hanīfah
,,al-Hasan ibn Huyay
al-Hasan ibn Huyay
,,Sharīk
Sharīk
,,Mālik
Mālik
,,as-Shāfi‘i
as-Shāfi‘i
,,Dāwūd
Dāwūd
, and their companions., and their companions. All of those wAll of those we mentioned above either explicitly stated this opinion or they e mentioned above either explicitly stated this opinion or they proved their adherenceproved their adherence to it by physically fighting against a munkar.
to it by physically fighting against a munkar.
((
Abū Muhammad said
Abū Muhammad said
): The first-mentioned group uses as ): The first-mentioned group uses as their evidence some ahādīth [pl. their evidence some ahādīth [pl. of hadīth]of hadīth] containing: "Do we fight them Ocontaining: "Do we fight them O
Messenger of Allāh
Messenger of Allāh
?"?"He said:
He said:
"No, not as long as they pray""No, not as long as they pray";; another hadīth says:another hadīth says: "No, not until you see clear kufr [disbelief] from them and you have proof of "No, not until you see clear kufr [disbelief] from them and you have proof of
such from Allāh"
such from Allāh"; some contain the obligation to accept being beaten if ; some contain the obligation to accept being beaten if a person's back is struck anda person's back is struck and his wealth is taken; some mention:
his wealth is taken; some mention: "If you fear the sword's glimmer, then throw your garment over"If you fear the sword's glimmer, then throw your garment over
your face and say: I want you to assume my sins and your sins, then you will be from Ashāb an-Nār
your face and say: I want you to assume my sins and your sins, then you will be from Ashāb an-Nār
[the companions of the fire]"
[the companions of the fire]"; some contain: "; some contain: "Be Allāh's slave the killed, not Allāh's slave the killer"Be Allāh's slave the killed, not Allāh's slave the killer";; and they use
and they use
Allāh's word:
Allāh's word:
{And recite to them in truth the news {And recite to them in truth the news of Adam's two sons, when theyof Adam's two sons, when theypresented their offerings, so it was accepted of one but not accepted of the other…}
presented their offerings, so it was accepted of one but not accepted of the other…} [Al-Mā’idah[Al-Mā’idah 5:27].
5:27].
((
Abū Muhammad said
Abū Muhammad said
): They have nothing here to establish proof; and we have thoroughly): They have nothing here to establish proof; and we have thoroughlyexamined each narration, all of their asānīd [chains of transmission; ascriptions; pl. of isnād] and all of examined each narration, all of their asānīd [chains of transmission; ascriptions; pl. of isnād] and all of their meanings, in our book,
their meanings, in our book,
Al-Īsāl ila Fahm il-Khisāl
Al-Īsāl ila Fahm il-Khisāl
; we will now mention herein some clauses; we will now mention herein some clauses thereof that should suffice; and bythereof that should suffice; and by
Allāh
Allāh
we are empowered:we are empowered: As for theAs for the
Prophet's
Prophet's
(sallallāhu ‘alaihi wa sallama)
(sallallāhu ‘alaihi wa sallama)
command to have sabr [patience] when one'scommand to have sabr [patience] when one's wealth is taken and back is struck, then undoubtedly that is in reference to when the imām [leader] wealth is taken and back is struck, then undoubtedly that is in reference to when the imām [leader] has a right to do so; there is no doubt that it is fard for us to have patience and comply; even if there has a right to do so; there is no doubt that it is fard for us to have patience and comply; even if there is justification to behead someone, he must comply; otherwise he is a fāsiq;is justification to behead someone, he must comply; otherwise he is a fāsiq;
but if that was for some
but if that was for some
invalid reason
invalid reason
, then, thenAllāh
Allāh
save us from thinkingsave us from thinkingAllāh's Messenger (sallallāhu ‘alaihi wa sallama)
Allāh's Messenger (sallallāhu ‘alaihi wa sallama)
would command us to have sabr and comply! The
would command us to have sabr and comply! The proof of this is proof of this is thatthat
Allāh ‘Azza Wa Jalla said:
Allāh ‘Azza Wa Jalla said:
{And{Andassist one another upon duty
assist one another upon duty and piety, and do not assist and piety, and do not assist one another upon sin and traone another upon sin and transgression}nsgression}
[Al-Mā’idah 5:2]; and we know that the speech of
[Al-Mā’idah 5:2]; and we know that the speech of
Allāh's Messenger
Allāh's Messenger
(sallallāhu ‘alaihi wa sallama)
(sallallāhu ‘alaihi wa sallama)
does not contradict the speech of his
does not contradict the speech of his
Master Ta‘āla
Master Ta‘āla;;
Allāh ‘Azza Wa Jalla said:
Allāh ‘Azza Wa Jalla said:
{And he does not{And he does notspeak from desire;
speak from desire; it is only wahy [inspiration] inspired}it is only wahy [inspiration] inspired}[An-Najm 53:3-4]; and[An-Najm 53:3-4]; and
He Ta‘āla said:
He Ta‘āla said:
{And if {And ifit was from other
it was from other than Allāh, they would than Allāh, they would have found therein much contradiction}have found therein much contradiction}[An-Nisā’ 4:82].[An-Nisā’ 4:82]. So it's correct to say that wh
So it's correct to say that whateveratever
Allāh's Messenger (sallallāhu ‘alaihi wa sallam)
Allāh's Messenger (sallallāhu ‘alaihi wa sallam)
said is itself said is itself wahy fromwahy from
Allāh ‘Azza Wa Jalla
Allāh ‘Azza Wa Jalla; and it does not
; and it does not contradict itself; as such, it is certain contradict itself; as such, it is certain without doubtwithout doubt and known by every Muslim thaand known by every Muslim that: taking the wealth t: taking the wealth of a Muslim or a of a Muslim or a dhimmi [non-Muslim taxpayer]dhimmi [non-Muslim taxpayer] without right and striking his back
Allāh's Messenger (sallallāhu ‘alaihi wa sallama)
Allāh's Messenger (sallallāhu ‘alaihi wa sallama)
said:
said:
"Verily your blood and your wealth and your"Verily your blood and your wealth and yourpossessions are harām [sacred, forbidden to damage or take]"
possessions are harām [sacred, forbidden to damage or take]"; since there is no doubt in this and not; since there is no doubt in this and not one of the Muslims disagrees with this: then the Muslim whose wealth is taken unjustly and his back one of the Muslims disagrees with this: then the Muslim whose wealth is taken unjustly and his back is struck unjustly, while he is able to prevent this, and he allows it: then he is assisting his oppressor is struck unjustly, while he is able to prevent this, and he allows it: then he is assisting his oppressor upon sin and transgression, and this is harām according to the text of the Qur’ān.
upon sin and transgression, and this is harām according to the text of the Qur’ān. As for the rest of
As for the rest of the ahādīth we mentioned; and the story of the two sons of Adam; then there is nothe ahādīth we mentioned; and the story of the two sons of Adam; then there is no argument to be made with any of that.
argument to be made with any of that.
Regarding the story of Adam's two sons, then that was a sharī‘ah [legal system, code of law] different Regarding the story of Adam's two sons, then that was a sharī‘ah [legal system, code of law] different from our sharī‘ah;
from our sharī‘ah;
Allāh ‘Azza Wa Jalla said:
Allāh ‘Azza Wa Jalla said:
{For each (nation) of you We made a {For each (nation) of you We made a shir‘ah [law] and ashir‘ah [law] and aminhāj [method]}
minhāj [method]}[Al-Mā’idah 5:48].[Al-Mā’idah 5:48].
As for the ahādīth, then it is authentic that
As for the ahādīth, then it is authentic that
Allāh's Messenger (sallallāhu ‘alaihi wa sallama)
Allāh's Messenger (sallallāhu ‘alaihi wa sallama)
said:
said:
"Whoever of you saw a munkar, he must then change it by his yad if he is able; if he is unable, then by
"Whoever of you saw a munkar, he must then change it by his yad if he is able; if he is unable, then by
his lisān; if he is unable, then by his qalb; and that is the
his lisān; if he is unable, then by his qalb; and that is the weakest of īmān [faith, convictionweakest of īmān [faith, conviction]"]"; and it's; and it's authentic that
authentic that
he (sallallāhu ‘alaihi wa sallama) said:
he (sallallāhu ‘alaihi wa sallama) said:
"There is no obedience in "There is no obedience in disobedience (todisobedience (toAllāh); obedience is only in obedience (to Allāh); each of you must listen and obey as long as you are
Allāh); obedience is only in obedience (to Allāh); each of you must listen and obey as long as you are
not ordered with disobedience; if you are ordered with disobedience, there is no listening and no
not ordered with disobedience; if you are ordered with disobedience, there is no listening and no
obeying"
obeying"; and; and
he (‘alaihis-salāmu) said:
he (‘alaihis-salāmu) said:
"Whoever is killed defending his money, then he is a shahīd"Whoever is killed defending his money, then he is a shahīd[martyr, lit. "witness"]; whoever is killed defending his religion, then he is a shahīd; whoever is killed
[martyr, lit. "witness"]; whoever is killed defending his religion, then he is a shahīd; whoever is killed
fighting oppression, then he is a shahīd"
fighting oppression, then he is a shahīd"; and; and
he (‘alaihis-salāmu) said:
he (‘alaihis-salāmu) said:
"You must command virtue"You must command virtueand forbid vice, or Allāh will punish you."
and forbid vice, or Allāh will punish you."
The zāhir [clear,
The zāhir [clear, apparent meaning] of these just-mentioned reports contradicts the othersapparent meaning] of these just-mentioned reports contradicts the others
mentioned before; so one of these collections abrogates the other; there is no other possibility. [TN: mentioned before; so one of these collections abrogates the other; there is no other possibility. [TN: The author refers here to the principle of naskh [abrogation], i.e. that some rulings Allāh revealed in The author refers here to the principle of naskh [abrogation], i.e. that some rulings Allāh revealed in an earlier period, He changed in a later period; see:
an earlier period, He changed in a later period; see:
Al-Ihkām fi Usūl al-Ahkām
Al-Ihkām fi Usūl al-Ahkām
andandAl-Muhalla
Al-Muhalla
,, translations pending.]translations pending.]
We must then determine which of
We must then determine which of the two is the nāsikh the two is the nāsikh [abrogating text]; and we know that those[abrogating text]; and we know that those ahādīth in which is found
ahādīth in which is found the prohibition to fight are in accordance with the prohibition to fight are in accordance with the established principle; asthe established principle; as they are in
they are in accordance with the condition of Muslims in the beginning of Islām accordance with the condition of Muslims in the beginning of Islām without a doubt; sowithout a doubt; so these latter ahādīth bring
these latter ahādīth bring an addition to the sharī‘ah, specifically: an addition to the sharī‘ah, specifically: qitāl [physical combat]; there is noqitāl [physical combat]; there is no doubt in this; so the abrogation of the former ahādīth is verified and their ruling is lifted and nullified doubt in this; so the abrogation of the former ahādīth is verified and their ruling is lifted and nullified
the moment
the moment he (‘alaihis-salāmu)
he (‘alaihis-salāmu)
spoke the spoke the latter.latter. It is dangerously forbidden to accept theIt is dangerously forbidden to accept the mansūkh [abrogated text] and to abandon the nāsikhmansūkh [abrogated text] and to abandon the nāsikh [abrogating text]; this is to accept doubt and to abandon certainty; and whoever al
[abrogating text]; this is to accept doubt and to abandon certainty; and whoever al leges that theseleges that these reports were nāsikh but then regressed to being mansūkh,
reports were nāsikh but then regressed to being mansūkh, has alleged something false; and hashas alleged something false; and has pursued that of which he has no knowledge; and has ignorantly spoken against
pursued that of which he has no knowledge; and has ignorantly spoken against
Allāh
Allāh; and this is not
; and this is not allowed, sinceallowed, since
Allāh ‘Azza Wa Jalla
Allāh ‘Azza Wa Jalla
did not clarify that the additional ruling became mansūkh after itdid not clarify that the additional ruling became mansūkh after it was nāsikh; andwas nāsikh; and
He T
He T
a‘āla said about the Qur
a‘āla said about the Qur
’ān (that it is):
’ān (that it is):
{a clarification for everything}{a clarification for everything}[An-Nahl[An-Nahl 16:89].Another proof is that
Another proof is that
Allāh ‘Azza Wa Jalla said:
Allāh ‘Azza Wa Jalla said:
{And if two groups of the Believers fight one{And if two groups of the Believers fight oneanother, then reconcile between them; then if one of them transgresses
another, then reconcile between them; then if one of them transgresses against the other, then fightagainst the other, then fight
those who transgressed until they return}
those who transgressed until they return}[Al-Hujurāt 49:9]; and no two Muslims disagree that this[Al-Hujurāt 49:9]; and no two Muslims disagree that this āyah, which contains the fa
āyah, which contains the fard [obligation] of fighting against the transgressing group, is itself rd [obligation] of fighting against the transgressing group, is itself muhkam [
muhkam [
res judicata
res judicata
, already decided; precise] and it is not mansūkh; so instead, it is the evidence, already decided; precise] and it is not mansūkh; so instead, it is the evidence which governs how all thewhich governs how all the other ahādīth on this subject other ahādīth on this subject are understood; whatever is in accordanceare understood; whatever is in accordance with this āyah [of fighting against transgressors], then it is nāsikh; whatever contradicts this āyah with this āyah [of fighting against transgressors], then it is nāsikh; whatever contradicts this āyah [of [of not fighting], then it is mansūkh
not fighting], then it is mansūkh and its ruling is lifted.and its ruling is lifted. Some people claimed that this āyah and these
Some people claimed that this āyah and these ahādīth are in reference to bandits and not to theahādīth are in reference to bandits and not to the sultān [authority figure].
sultān [authority figure].
((
Abū Muhammad said
Abū Muhammad said
): This is assuredly false; it is an ): This is assuredly false; it is an opinion without proof; this claimant couopinion without proof; this claimant could sayld say that it refers to any people and not another people, or to any time period and not another, but there that it refers to any people and not another people, or to any time period and not another, but there is no proof foris no proof for that, so it is not that, so it is not correct; takhsīs [making a specific ruling] is correct; takhsīs [making a specific ruling] is not permitted withoutnot permitted without proof, because that is to speak against
proof, because that is to speak against
Allāh
Allāh
without knowledge; andwithout knowledge; andAllāh's Messenger (sallallāhu
Allāh's Messenger (sallallāhu
‘alaihi wa sallama)
‘alaihi wa sallama)
was asked about someone who demanded his money without right, so hewas asked about someone who demanded his money without right, so he(‘alaihis-s
(‘alaihis-s
alāmu)
alāmu)
said:
said:
"Do not give it.""Do not give it."He was then asked: "What if he fights against me?"He was then asked: "What if he fights against me?"He said:
He said:
"Fight against him."
"Fight against him."He was asked: "What if I kill him?"He was asked: "What if I kill him?"
He said:
He said:
"Then he goes to the fire.""Then he goes to the fire."He wasHe was asked: "What if he kills me?"asked: "What if he kills me?"
He said:
He said:
"You will go to the garden.""You will go to the garden."It is also authentic that
It is also authentic that
he (‘alaihis-salāmu) said:
he (‘alaihis-salāmu) said:
""The Muslim is the brother of the Muslim; he doesThe Muslim is the brother of the Muslim; he doesnot surrender him, nor does he oppress him"
not surrender him, nor does he oppress him"; it is also authentic that; it is also authentic that
he (‘alaihis-salāmu
he (‘alaihis-salāmu
) said
) said
about
about
zakāh [charity-tax]:
zakāh [charity-tax]:
"Whoever is asked for it "Whoever is asked for it correctly must give it; whoever is asked for correctly must give it; whoever is asked for it incorrectlyit incorrectlymust not give it."
must not give it." We related this firm report We related this firm report via trustworthy narrators fromvia trustworthy narrators from
Anas ibn Mālik
Anas ibn Mālik
fromfromAbū Bakr as-Siddīq
Abū Bakr as-Siddīq
fromfromAllāh's Messenger (sallallāhu ‘alaihi wa sallama)
Allāh's Messenger (sallallāhu ‘alaihi wa sallama)
; and this invalidates the; and this invalidates the interpretation of those who interpret theinterpretation of those who interpret the ahādīth regarding qitāl [physical ahādīth regarding qitāl [physical combat] for one's wealthcombat] for one's wealth as being against bandits, since bandits do not ask for zakāh; the sultān [authority figure] is the only as being against bandits, since bandits do not ask for zakāh; the sultān [authority figure] is the only one who asks for it; and even if Ahl al-Haqq [the people of truth] agreed, Ahl al-Bātil [the people of one who asks for it; and even if Ahl al-Haqq [the people of truth] agreed, Ahl al-Bātil [the people of fallacy] would not cease to oppose them; we ask
fallacy] would not cease to oppose them; we ask
Allāh
Allāh
for aid and success.for aid and success.((
Abū Muhammad said
Abū Muhammad said
): As for): As for‘Uthmān
‘Uthmān
, then he had no idea they were going to kill him; he only saw, then he had no idea they were going to kill him; he only saw them laying siege; further, he was a just ruler and even these people (who disagree with the main them laying siege; further, he was a just ruler and even these people (who disagree with the main opinion) consider fighting alongside the just ruler is fard!opinion) consider fighting alongside the just ruler is fard! So they have no argument So they have no argument using theusing the situation of
situation of
‘Uthmān
‘Uthmān
(radiy
(radiy
allāhu ‘anhu)
allāhu ‘anhu)
.. Some have said that anSome have said that an uprising would cause violations against sanctuaries, shedding of blood, takinguprising would cause violations against sanctuaries, shedding of blood, taking of wealth, tearing of veils, and the dissolution of power; others responded to them saying: No! It is of wealth, tearing of veils, and the dissolution of power; others responded to them saying: No! It is not permissible for the
not permissible for the one who is commanding virtue and forbidding vice to violate a one who is commanding virtue and forbidding vice to violate a sanctuary norsanctuary nor to take wealth without right nor to confront one
to take wealth without right nor to confront one who does not fight him; who does not fight him; if he did these if he did these things thenthings then he himself should be fought; as for
he himself should be fought; as for killing the people of munkar, whether few or many, then this iskilling the people of munkar, whether few or many, then this is fard upon him; but as for the people of munkar killing others, taking their
fard upon him; but as for the people of munkar killing others, taking their wealth, and violatingwealth, and violating sanctuaries, then this is all the munkar which people need to change; also, if having a fear of such sanctuaries, then this is all the munkar which people need to change; also, if having a fear of such things as mentioned above restricts changing the
things as mentioned above restricts changing the munkar and commanding virtue, then this wouldmunkar and commanding virtue, then this would identically restrict conducting jihād against Ahl al-Harb [the
identically restrict conducting jihād against Ahl al-Harb [the people of war];people of war];
and no Muslim would ever
and no Muslim would ever
say this
them taking their wealth and shedding their blood and violating sanctuaries; there is no difference of them taking their wealth and shedding their blood and violating sanctuaries; there is no difference of opinion between any of the Muslims that
opinion between any of the Muslims that jihād is wājib [obligatory, lit. jihād is wājib [obligatory, lit. "a must"] even in this situation;"a must"] even in this situation; the two matters are identical, and both are jihād and calling others to the Qur’ān and the Sunnah. the two matters are identical, and both are jihād and calling others to the Qur’ān and the Sunnah. ((
Abū Muhammad said
Abū Muhammad said
): It should be said to them: What do you say about a sultān who puts the Jews): It should be said to them: What do you say about a sultān who puts the Jews in charge, makes the Christians his army, forces thein charge, makes the Christians his army, forces the Muslims to pay the jizyah [protection taxMuslims to pay the jizyah [protection tax], raises], raises weapons against Muslim children, demands Muslim women to fo
weapons against Muslim children, demands Muslim women to fo rnicate, holds arms against Muslims,rnicate, holds arms against Muslims, captures their women and children, and is publicly perverse with them; but in all of that, he still
captures their women and children, and is publicly perverse with them; but in all of that, he still agrees with Islām outwardly and he continues to pray?
agrees with Islām outwardly and he continues to pray?
If they say that it is not permissible to rise against him, then it should be said: but he will continue If they say that it is not permissible to rise against him, then it should be said: but he will continue killing Muslims until he is the only one who remains, him and Ahl al-Kufr [the people of disbelief] killing Muslims until he is the only one who remains, him and Ahl al-Kufr [the people of disbelief] along with him; if they
along with him; if they permit having sabr [patience] in that situation,permit having sabr [patience] in that situation,
they would have opposed Islām
they would have opposed Islām
and abandoned it
and abandoned it
; but if they affirm the obligation to rise against such a tyrant – and this is their; but if they affirm the obligation to rise against such a tyrant – and this is their actual opinion – then it is said to them: what if he killed only ninety percent of the Muslims or all of actual opinion – then it is said to them: what if he killed only ninety percent of the Muslims or all of them except one of them and captured their women and took their wealth; if they reject standing them except one of them and captured their women and took their wealth; if they reject standing against him, they contradict themselves; but if they still agree, then we continue to ask them about against him, they contradict themselves; but if they still agree, then we continue to ask them about killing fewer and fewer Muslims, while they continue to agree with standing against him, until we killing fewer and fewer Muslims, while they continue to agree with standing against him, until we reach the killing of a single Muslim, or the capture of a single woman, or the taking of a single reach the killing of a single Muslim, or the capture of a single woman, or the taking of a single person's wealth, or the oppressive violation ofperson's wealth, or the oppressive violation of someone's skin (through whipping); if they someone's skin (through whipping); if they distinguishdistinguish between any of that, they
between any of that, they contradict themselves and make rulings without evidence, which is notcontradict themselves and make rulings without evidence, which is not allowed; but if they obligate a physical response to all of that, they return to the truth.
allowed; but if they obligate a physical response to all of that, they return to the truth.
We further ask them about one whose wife, daughter, son and himself are to be abducted by a We further ask them about one whose wife, daughter, son and himself are to be abducted by a
corrupt sultān so that he could be sexually perverse with them; should he surrender himself, his wife, corrupt sultān so that he could be sexually perverse with them; should he surrender himself, his wife, his son, and his daughter to this evil; or is it fard upon him to defend against whoever wanted this? his son, and his daughter to this evil; or is it fard upon him to defend against whoever wanted this? If they say that it is fard upon him to surrender himself and his family, they have said something If they say that it is fard upon him to surrender himself and his family, they have said something terrible
terrible
that no Muslim says
that no Muslim says
; but if they say that it is fard upon him to fight, then they return to the; but if they say that it is fard upon him to fight, then they return to the truth and they must say the same thing about every Muslim, i.e. defending each othertruth and they must say the same thing about every Muslim, i.e. defending each other [as all Muslims[as all Muslims are brothers] in person and property.
are brothers] in person and property.
((
Abū Muhammad said
Abū Muhammad said
): The obligation, if anything of tyr): The obligation, if anything of tyranny occurs, no matter how small, is anny occurs, no matter how small, is toto speak to the imām [leader] about it and to forbid it; then if he takes heed, returns to the truth, and speak to the imām [leader] about it and to forbid it; then if he takes heed, returns to the truth, and yields to having his own skin struck (for his tyranny), or his hand cut (if he stole), or the punishment of yields to having his own skin struck (for his tyranny), or his hand cut (if he stole), or the punishment of zina, false accusation, drinking wine, etc., if he did any of these things, then he is not to be removed zina, false accusation, drinking wine, etc., if he did any of these things, then he is not to be removed from office; he is the imām, just as he was before, and removing him is not permissible; but if he from office; he is the imām, just as he was before, and removing him is not permissible; but if he neglected to submit to anything of these obligations and heneglected to submit to anything of these obligations and he did not return to the truth, thdid not return to the truth, thenen
removing him is obligatory and someone who will establish the truth must be put in his place; this is removing him is obligatory and someone who will establish the truth must be put in his place; this is as
as
Allāh Ta‘āla said:
Allāh Ta‘āla said:
{And assist one another upon duty and {And assist one another upon duty and piety, and do not assist one piety, and do not assist one another uponanother uponsin and transgression}
sin and transgression}[Al-Mā’idah 5:2]; and it is not permissible to forfeit [Al-Mā’idah 5:2]; and it is not permissible to forfeit anything from theanything from the obligations of the sharī‘ah; and with