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Saturday, January 4, 2014

Rebellion against State for Shari’ah : جہاد یا فساد

Political Revolt Unlawful:
Despite the blatant perversion in the Muslim rulers after the pious caliphate, the Muslim ulema did not lead an insurrection against these corrupt individuals. For about a period of one thousand years they remained detached in this matter and continued to engage all their efforts in non-political fields. This was not a matter of accident but in obedience to the express injunctions of the Shari’ah. As we know, in the books of Hadith detailed traditions have been set down in the chapters titled Kitab al-Fitan. The Prophet Muhammad, may peace be upon him, observed in plain words that in later times perversions would set in in the rulers, they would become tyrannical and unjust, but that Muslims should not wield their swords against them [unless they display open Kufir, non belief, discontinue, Aqamat as Salah, preyer]. They should rather move to the mountains with their goats and camels. By ‘goats and camels’ are meant the opportunities in non-political fields which exist, even when the political institutions are corrupted. This injunction given by the Prophet meant that the Muslims should avail of such opportunities by avoiding clash and confrontation in the political field. In short, by ignoring the political problem, they should avail of the non-political opportunities. These injunctions of the Prophet Muhammad, may peace be upon him, were so clear that the Muslim ulema of later times formed a consensus to make insurrection against the rulers unlawful.
Imam An-Nawawi, commenting upon some traditions as set forth by Sahih Muslim (Kitab al-Imarah) observes: “You should not come into conflict with the rulers in matters of their power. Even if you find them going against express Islamic injunctions, you should attempt to make the truth clear to them solely through words of wisdom and advice. So far as revolt and war against them in order to unseat them is concerned, that is totally unlawful according to the consensus of the ulema, even when the rulers are zalim and fasiq (tyrants and corrupt).” (Sahih Muslim, bi sharh an-Nawawi, 12/229)
 “O ye who believe! obey ALLAH, and obey His Messenger and those who are in authority among you. And if you differ in anything refer it to ALLAH and His Messenger, if you are believers in ALLAH and the Last Day. That is best and most commendable in the end.”(Quran; 4:59)
Waging war against Allah and His Messenger (pbuh) and creating disorder on land is very serious sin & crime with capital punishment:
 “The only reward of those, who wage war against ALLAH and HIS Messenger and strive to create disorder in the land, is that they be slain or crucified or their hands and feet be cut off on account of their enmity, or they be expelled from the land. That shall be a disgrace for them in this world, and in the Hereafter they shall have a great punishment”(Quran; 5:33)
The verse [4:59] is the cornerstone of the entire religious, social and political structure of Islam, and the very first clause of the constitution of an Islamic state. It lays down the following principles as permanent guidelines:
In the Islamic order of life Muslims are further required to obey fellow Muslims in authority.
In the Islamic order of life, God alone is the focus of loyalty and obedience. Another basic principle of the Islamic order of life is obedience to the Prophet (peace be on him). This obedience follows, and is subordinate to, obedience to God and the Prophet (peace be on him). Those invested with authority (ulu al-amr) include all those entrusted with directing Muslims in matters of common concern. Hence, persons 'invested with authority' include the intellectual and political leaders of the community, as well as administrative officials, judges of the courts, tribal chiefs and regional representatives. In all these capacities, those 'invested with authority' are entitled to obedience, and it is improper for Muslims to cause dislocation in their collective life by engaging in strife and conflict with them. This obedience is contingent, however, on two conditions: first, that these men should be believers; and second, that they should themselves be obedient to God and the Prophet (peace be on him). These two conditions are not only clearly mentioned in this verse they have also been elucidated at length by the Prophet (peace be on him) and can be found in the Hadith. Consider, for example, the following traditions: A Muslim is obliged to heed and to obey an order whether he likes it or not, as long as he is not ordered to carry out an act of disobedience to God (ma'siyah). When ordered to carry out an act of disobedience-to God he need neither heed nor obey.
There is no obedience in sin; obedience is only in what is good (ma'ruf). (For these traditions see Bukhari, 'Ahkam', 4; 'Jihad', 108; Muslim, 'Amarah', 39; Tirmidhi, 'Jihad', 29; Ibn Majah, 'Jihad', 40; Ahmad b. Hanbal, Musnad, vol. 2, pp. 17 and 142 - Ed.)
Prophet (pbuh) is reported to have said: “There will be rulers over you, some of whose actions you will consider good and others abominable. Who even disapproves of their abominable acts will be acquitted of all blame, and whoever resents them he too will remain secure (from all blame); not so one who approves and follows them in their abominable acts. They (i.e. the Companions) asked: 'Should we not fight against them?' The Prophet (peace be on him) said: 'No, not as long as they continue to pray.” (See Bukhari, 'Jihad', 108 - Ed.)
This means that their abandonment of Prayer will be a clear sign of their having forsaken obedience to God and the Prophet (peace be on him). Thereafter it becomes proper to fight against them. In another tradition the Prophet (peace be on him) says: “Your worst leaders are those whom you hate and who hate you; whom you curse and who curse you. We asked: 'O Messenger of God! Should we not rise against them?' The Prophet (peace be on him) said: 'No, not as long as they establish Prayer among you: not as long as they establish Prayer among you.” (See Muslim, 'Amarah', 65, 66; Tirmidhi, 'Fitan', 77; Darimi, 'Riqaq, 78; Ahmad b. Hanbal, Musnad, vol. 6, pp. 24, 28 - Ed.)
In this tradition the position is further clarified. The earlier tradition could have created the impression that it was not permissible to revolt against rulers as long as they observed their Prayers privately. But the latter tradition makes it clear that what is really meant by 'praying' is the establishment of the system of congregational Prayers in the collective life of Muslims. This means that it is by no means sufficient that the rulers merely continue observing their Prayers: it is also necessary that the system run by them should at least be concerned with the establishment of Prayer. This concern with Prayer is a definite indication that a government is essentially an Islamic one. But if no concern for establishing Prayer is noticed, it shows that the government has drifted far away from Islam making it permissible to overthrow it. The same principle is also enunciated by the Prophet (peace be on him) in another tradition, in which the narrator says: 'The Prophet (peace be on him) also made us pledge not to rise against our rulers unless we see them involved in open disbelief, so that we have definite evidence against them to lay before God' (Bukhari and Muslim).