In the Name of Allah, the Most Gracious, the Ever Merciful…
An important clarification by the great scholar, Shaykh Muhammad Naasir ad-Deen al-Albaanee (may Allah have Mercy on him), on a crucial topic, in light of modern claims by political activists…
QUESTIONER: In Zubdat at-Tafseer by Shaykh ‘Umar al-Ashqar, in explanation of Soorah Yoosuf, he says there that Yoosuf’s employment (may Allah grant him peace) was under the authority of the king. He uses this as proof in this Tafseer; he says this is among what proves the permissibility of believers working in positions within a non-Muslim government. So what is your comment [about this]?
AL-ALBAANEE: I cannot comment until after I know what is behind this, because I could say: Yes, it is possible, and I could provide an easy example of that. It is possible, as found in our current situation now, when we do not say that none of the Islamic countries are governing by what Allah has sent down, but at least we can say that most of the Islamic countries are not governing by what Allah sent down. Is it not possible then to be a khateeb who admonishes the people and teaches them, meaning: under the rule of a disbeliever?
QUESTIONER: Shaykh, I was actually referring to the Algerian Parliament…
AL-ALBAANEE: I know that, my brother, I know. That is why I provided the example that would be included in [the generality] of those words. However, before that, I said: What is behind these words? I fear, and this is what I think is the case, and Allah knows best, while the brother is among our brothers, and I do not praise anyone, claiming it is his reality with Allah, but I am [still] afraid of what I fear is the case, that he has been influenced by the current [political] atmosphere, as these [political] parties endorse participation in parliament, and so they rely on this Quranic passage that has been cited as a proof in their favor, so they can work in parliament under a disbeliever’s governmental system. Our answer to this is from two angles, as a basic principle, along with an extension from that. In actuality, I had begun with the extension, so we could reflect about what the actual intention was behind those expressions. So I provided an example previously, that it would be possible to be an employee in some kind of position. The example was being a khateeb in one of the masjids, while the ruler is a disbeliever. However, in this position, he does not serve the interests of disbelief, nor does he serve the cross (i.e., Christianity), nor does he serve [the interests of] ruling by other than what Allah sent down. So when the intended goal of this example was this kind of situation, there is no problem [in understanding the issue], right?
Now, we ask the one using this Verse, let us call it the Yoosufic Verse, (“al-Aayah al-Yoosufiyyah”): Could it be understood that Yoosuf (may Allah raise his rank and grant him peace), when he made his request to the leader of Egypt, “Give me authority over the stored goods of the land (i.e., the economy); I am protective and knowledgeable,” [1] was he going to rule by the governmental system in place, the one used by the leader of Egypt? Or would he rule by the governmental system from the Lord of all things? He would not be able to answer with anything other than the second answer, is that not so? [2] So now we say: Are those who get involved in parliament able to follow in Yoosuf’s footsteps (may Allah raise his rank and grant him peace), in how they govern? “Bring it, bring on what you have been promised!” (i.e., How far off that is!) [3] Thus, this line of argument (i.e., this attempt to use this Verse to prove this) makes something permissible, yet makes us afraid of many things! The least that can be said is that it is now feared that this line of argument would be used against the interests of Islam and the Muslims.
Also, I can say: From the special distinctions of the Messenger (may Allah raise his rank and grant him peace) is his statement, “I have been given a special distinction over the [other] prophets through five [things]…” and he mentioned among them: “A prophet would be sent to his people specifically, yet I have been sent to all of mankind.” [4] So the legislation of Yoosuf is not legislation for us. And from here we can disprove this line of argument from its root and base, is that clear? It is now over.”
Source: Silsilat al-Hudaa wan-Noor, no.1023 (beginning at 4 minutes into the recording). Translation: Moosaa Richardson (1446.05.05) for Bakkah.net
Resources: Arabic source (MP3) | Translation with Arabic transcript (PDF)
FOOTNOTES: (by the translator)
[1] A translation of the meaning of Soorah Yoosuf [12:55]
[2] Actually, not any more. Sadly, today we actually have political activists that would have us believe that Yoosuf would rule, at least partially, by the disbelieving king’s political system, and he would do some things in violation of Allah’s command as a compromise to stay in his position! Refuge with Allah is sought from deviation, compromising our Religion, false explanation of Allah’s Speech, and baseless slander of one of Allah’s prophets!
[3] Borrowing from the language of Soorah al-Mu’minoon [23:36]
[4] Collected by al-Bukhaaree (no.335) and Muslim (no.521), from the report of Jaabir (may Allah be pleased with him).
Assalamualaikum. I have a question regarding contracts and so on. In different softwares, services and things like these there is a thing called terms of service or EULA or privacy policy. Sometimes these may have things like international and national trade laws apply or other such stipulations. Would it be prohibited to agree to such contracts like for example on a new phone? I hope my question is understandable
Wa ‘alaykum as-Salaamu wa rahmatullaah. You are asking about an ambiguous set of clauses in a EULA or TOS contract. In general, these are binding contracts like any other agreements in Islam; the stipulations must all be permissible, and then once agreed upon, they must be upheld as religious obligations. Allah commands us to uphold all contracts in the opening Verse of Soorah al-Maa’idah: (ياأيها الذين آمنوا أوفوا بالعقود)
Entering an agreement and then violating it is one of the traits of hypocrites, according to the authentic Hadeeth in Bukhaaree and Muslim, as reported by ‘Abdullaah ibn ‘Amr (may Allah be pleased with him and his father), the Prophet (may Allah raise his rank and grant him peace) said:
وإذا عاهد غدر
“And when he makes an agreement, he betrays it.”
And Allah knows best.
Assalamualaikum. Thank you for the reply. I would like to know what information should I provide regarding these contracts that would help in me getting an answer. Basically what my question was that doesn’t this come under referring to man made laws?
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh. We must refer our issues of differing in deals, contracts, and agreements to arbitrators and judges who will advise and/or judge by Islamic Law. I understand that standard contracts in the West include stipulations that disputes will be resolved by such-and-such non-Muslim court. That is a very serious concern, and I will try to get some guidance from our scholars about it, in shaa’ Allah. May Allah facilitate that for us.
Assalamualaikum. I also wanted to add that I live in one of the countries of the Muslims. And that whenever I use an app or a service or really anything that is of this nature, accompanying that are terms and conditions, EULAs, and privacy policies. I only read this one that I remember as for other than that I don’t really remember what’s going on in those other terms and the like. But its quite likely that these terms or terms like them exist in them too. How can I know what stipulations should be avoided and what stipulations are ok? And if such stipulations are present then in that case what should be done? I’m sorry I don’t really know how much detail I am supposed to go in with my questions.
Wa ‘alaykum as-Salaamu wa rahmatullaah. We are required to be aware of all stipulations in any contract we are agreeing to, and to only agree to what is permissible and within our ability and intention of upholding. Allah says:
يا أيها الذين آمنوا أوفوا بالعقود
“O you who believe! Uphold/fulfill your ‘UQOOD (agreements)…” [5:1]
Agreements are made up of basic transactions between two parties with specifically stipulated conditions, as is known in all cultures. These stipulations we are talking about here are included in Allah’s command, since they are part of the meaning of the word, “‘UQOOD”, in the Verse: contracts.
In Sunan Abee Daawood, from the report of Aboo Hurayrah (may Allah be pleased with him), the Prophet (may Allah raise his rank and grant him peace) said:
المسلمون على شروطهم
“Muslims are bound by their stipulations.”
Each condition one agrees to must be permissible in its origin, and then it becomes binding upon us to fulfill it. Stipulations which are not permissible are baatil (invalid), as the Prophet (may Allah raise his rank and grant him peace) said:
ما بال رجال يشترطون شروطا ليست في كتاب الله ما كان من شرط ليس في كتاب الله، فهو باطل وإن كان مائة شرط
“ًWhat is it with some people stipulating conditions which are not within the Book of Allah (i.e. His Legislation)?! Any stipulation not within the Book of Allah (i.e. His Legislation) is BAATIL (invalid), even if it is 100 stipulations!”
Collected by the two imams, from the report of ‘Aa’ishah (may Allah be pleased with her).
If you understand this basic point about contracts, all of these individual questions do not need to be asked. Yes, it is difficult when we enter a lot of contracts, each having a lot of stipulations. May Allah aid us and make it easy! And Allah knows best.
السلام عليكم
What is considered delaying someone’s entry into Islam which reaches the level of a major sin as the scholars mention or kufr according to some scholars. because I read a harsh statement of Imam Nawawi where he mentioned that you cannot delay a kafirs entry into Islam for the sake of finishing your wudu. So for example if a kafir asks a Muslim to give him dawah and the Muslim man tells him to call in an hour because he is busy then did he committed a major sin or kufr according to some scholars or what situations are considered a major sin/ kufr because there are multiple scenarios like this.
وعليكم السلام ورحمة الله وبركاته
The point is to be as available as you possibly can for this noble cause. Prior commitments and obligations are required to be fulfilled, so once you are free and available, do not delay in helping someone.