RULING ON PARTICIPATING IN GOVERNANCE AFFAIRS WITH THE UNJUST RULER

(Hakam Almusharakat Fi Shuuwn Alhukm Mae Alhakim Aljayir)

Praise be to God, Lord of the worlds, and may blessings and peace be upon our master Muhammad and his family and companions. And after :

1) What reveals to us the ruling on this issue is what the following indicates (if I only want reform, what I have been able) and the Almighty saying (So fear God as you are able), and the meaning of the first verse, I want you to do justice to what you are able to do. The verb [see Tafsir Ibn Katheer, vol. 2, p. 456, and Tafseer, al-Qurtubi, vol. 9, p. 9]. And the meaning of the second verse, so fear God as much as you can, i.e. your effort and your energy, as proven in the two Sahihs on the authority of Abu Huraira, may God be pleased with him, who said: The Messenger of God said: (I have not ordered you to do anything from it, and what I forbid you to do, so avoid it). And whoever piety God’s will to reform the Muslims by compelling them to obey the law of God, enjoining them on good and forbidding them from evil, and thus their true interests in this world and the hereafter are fulfilled, and this is the purpose of Islamic law, and this is what the investigating scholars have stated.Either warding off evils or bringing interests) [Al-Qawid for al-Ezz bin Abd al-Salam, vol. 1, p. 9] and Sheikh al-Islam Ibn Taymiyyah said (that Islamic law came to collect interests, quantify them, disrupt and reduce evil) [Manhaj al-Sunnah al-Nabawiyyah by Ibn Taymiyyah, vol.1, p. 147 and vol. 2, p. 2, p. 240, vol. 3, p. 118] and Ibn al-Qayyim said (Sharia is based on governance and the interests of the people in the pension and restoration, and it is all justice, mercy, and the interests of all) [The information of the disabled by Ibn al-Qayyim, part 2, p. 1] and the jurist said al-Shatibi (it - meaning the Sharia - was set for the interests of the servants) [The approvals of al-Shatibi, vol. 2, p. 6] And if the evils and interests conflict, they come The jurisprudential rule (he bears the special harm in order to pay the general harm) and the jurisprudential rule (the greater harm is removed by the lesser harm) and on this basis also delegates or is obliged to enjoin the good and forbid what is wrong if it is to collect a benefit or pay a spoil,If what results in the loss of a greater good or the occurrence of a greater evil, then this matter is not good and forbidding what is evil is required according to Sharia because what is required of the Muslim is to fear God in fulfilling the duty of enjoining good and forbidding evil in light of what we have presented, which is to achieve greater good or pay corruption and evil Larger .

2)  If it becomes clear what we have said, then sharing in power with an unjust ruler is a permissible matter, rather it is under the existing conditions a must, for the following reasons :

  Firstly - Receiving guardianship over a matter of the state or any of its affairs from the infidel ruler is permissible if that is in the interest of the people. This is evidenced by the words of God Almighty about the request of Joseph from Pharaoh to rule over the earth’s coffers - meaning its sustenance and plantation - the Almighty said (He said, Make me On the treasures of the earth, I am memorable and knowledgeable). Ibn Katheer said in Tafseer this verse (and asked the work because of his knowledge of his ability over him and the interests that it contains for people) [Tafsir Ibn Katheer, vol. 3, p. 482]. Al-Zamakhshari said in the interpretation of this verse: (Rather, he said - meaning Yusef - that is to reach the conclusion of the rulings of God Almighty, establish the truth, extend justice and master what for his sake, the prophets are sent to the worshipers, and because he knows that no one else takes his place in that, so he requested the inauguration in the hope of God, not the love of the king. And if you say, how is it permissible for him toundertake work from the hand of an infidel and be subordinate to him and under his command and obey him? I said: On the authority of Qatada, this is evidence of his commitment, and it is permissible for a person to undertake a work from the hand of an unjust ruler.And if the prophet or scholar knows that there is no way to rule by the command of God and ward off injustice except by empowering the infidel or immoral king, then he may look after it - that is, take it as his back. ”[Tafsir al-Zamakhshari, vol. 2, p. 482 ].

Al-Qurtubi said in Tafsir of this verse (Some scholars said: In this verse, what permits the virtuous man to work for the immoral man and the unbelieving ruler, provided that he knows that he delegates to him in an act that he does not oppose, so he can do whatever he wants) [Tafsir al-Qurtubi, vol.9, p. 215 ]. Ibn Atiyah said in the interpretation of this verse what Al-Qurtubi said in it. Rather, Al-Qurtubi transmitted the text of Ibn Atiyah's words [Tafsir Ibn Atiyah, vol. 8, p. 5.6 ]. Al-Qasimi said in the interpretation of this verse (and this verse is based on the request for guardianship, such as the judiciary and the like, for those who are trusted to fulfill their rights, and it is permissible to assume responsibility for the infidel and the unjust) [Tafsir Al-Qasimi, vol.9, p. 242 ].

3)  It may be said that what Yusef, peace be upon him, did regarding the request for guardianship is something that was prescribed by us, and it is not prescribed by us, and the answer is from two ways :

  The first aspect  : If the Noble Qur’an narrates something about the past two and does not deny it, this indicates that it is a good and correct saying, and what was true, correct and acceptable to God is permissible to follow it and follow it, so how if the saying of Yusef, peace be upon him, and he is a generous messenger ?

  The second aspect  : The Almighty’s saying: (Those who are guided by God, imitate him with their guidance) that is, those apostles whom the above mentioned are the guidance of the Mahdis, so he despised and imitated their pleasant life [The Selection of Interpretations by Al-Sabuni Part 1, p. 404 ].

  Second  - The jurist al-Ezz bin Abd al-Salam said (And if the infidels seized a great region, then give the judiciary to those who carry out the public interests of Muslims, so what appears to me is the enforcement of all of this in order to bring in the public interests and push for corruption) [Rules of Rulings in the Interests of People of Al-Ezz Bin Abd Al-Salam Part 1, p. 81 ].

  Third  - In Al-Durr Al-Mukhtar, explaining the enlightenment of sight in the Hanafi jurisprudence (and it is permissible to assume the judiciary from the just and unjust authority, even if he is an infidel, unless it prevents him from judging the right, then he is forbidden) [Al-Durr Al-Mukhtar and the response of the confused p. 368 ].

  Fourth  - And in the response of the confused Al-Durr Al-Mukhtar of the jurist Ibn Abdin (If the infidel was appointed over them - that is, over the Muslims whose country was occupied by the infidels - a judge, and with the Muslims' approval his guardianship was valid) [Response of the confused to Al-Dur Al-Mukhtar Part 5, p. 368 ].

4)  Among these sayings that we mentioned in the interpretation of the verse of Yusef's request for guardianship over the coffers of the land from Pharaoh, and the sayings of the jurists regarding the permissibility of assuming the authority of the judiciary from the infidel sultan . This is a remarkable permissibility in which the interests of the people are fulfilled. It becomes clear to us clearly that it is permissible and even obligatory to participate in the ruling because of this participation in achieving the assured interests of the people by using the rights and duties of the position in the interest of the people, and also in this participation using it in spreading the Islamic call without denying the people of falsehood .

   5)    Fifthly  - One of the reasons for the permissibility of participation in government and even its necessity is that failure to participate opens the way for the people of falsehood to fill the void and advance to this participation, thus wasting an important opportunity and confirmed authority and legal validity to spread the da'wah, drag people into it and carry out their interests, and the Islamic group cannot obtain this Interests in being an opposition group because its opposition has no effect in reality because of the emaciation of public opinion, and the people’s unwillingness to defend the opposition nor respond to its demands . This opposition has no effect except within the National Assembly, that its members hear what the opposition wants. As for implementing that, it has no effect because the government does not respond to it, any opposition .

   6)    Sixth  - It is necessary for the call and spreading it among the people in a calm atmosphere and protection from the harm of the violators, and this does not result from a reluctance to participate in the ruling but by participating in it, and the evidence for the need for a calm atmosphere for the call and protection for it and those in charge of it is the following :

  A - To seek the protection of the unbeliever and his neighborhood

7) It is   permissible for a Muslim to seek the protection and support of the unbeliever for him and his neighborliness to him to spread his call among the people without harassment, harm, or prevention from the people of falsehood, for the Messenger of God ﷺwas presenting himself to the Arab tribes calling them to God and by telling them that he was a prophet sent and asking them to believe and prevent him - i.e. With his protections - until he becomes infected with his father-in-law - until he reports what God has sent with him, he used to stand on the houses of the tribes of the Arabs and say (O son of so-and-so, I am the Messenger of God to you, he commands you to worship God and do not associate anything with him and to believe in me and prevent me - i.e. - protect me until I explain God did not send me. ”[Biography of Ibn Hisham, vol. 2 pp. 31-32] and in the pledge of allegiance to Al-Aqabah Al-Kabir, he said ﷺ (Swear allegiance to you that you will prevent me from what you prevent your wives and children from) [Biography of Ibn Hisham, vol 2, p. 50 ].

And when the Messenger () returned from Taif, and he found no support for him or faith in him, and he ended up with Hira, he sent a man from Khuza'a to the restaurant from Uday to hire him until he attained the message of his Lord, so he rented him) [The Pleasure of Asmaa by Al-Maqrizi, p. 28 ]. And when the immigrant Muslims returned to Abyssinia, thinking that the people of Makkah had converted to Islam, none of them entered except in the vicinity or under cover, that is, in the vicinity of a polytheist in order to protect him from harm or abuse by the Quraish [Biography of Ibn Hisham, vol.1, p. 288 ].

Ibn al-Daghna offered Abu Bakr his neighborhood, and Abu Bakr accepted him, so Ibn al-Daghna said: O Quraysh Muasher, I have hired Ibn Abi Qahhafa - meaning Abu Bakr - so that they do not offer anyone good to him [Biography of Ibn Hisham, Part 1, p. 396 ].

And the significance of what we have mentioned is that a request to protect a polytheist for a Muslim until he reaches the call or to escape from the harm of the infidels, if such a request is permissible, then it is more permissible by participating in the ruling because of the cessation of this participation from the harm of the state on the Muslim community and the preachers because with this participation It is easy for them to harness the power of the state to protect them and stop the harm to the Muslim preachers .

7)   b -  We said that the preachers need a calm atmosphere that is far from harassing the people of falsehood to them so that these preachers can launch their call and communicate it to people without anyone's fear or harassment from anyone, and in this calm atmosphere the call revives and spreads, because calling to God is like a seed for sowing, as a householder, and a seed is not It grows in hurricanes and turbulent winds, and the building does not arise in the agitation and the builders' preoccupation with defending the harm and the aggression of the invalid, and therefore when the calm atmosphere was provided for the Islamic call after the Hudaybiyah peace, he entered Islam like he who was in Islam before that reconciliation and more [Biography of Ibn Hisham, vol. 3, p. 278] It is known that this calm atmosphere for the da'wah and preachers can be achieved by participating in the ruling more easily and broadly than by not participating in the ruling .

8)   Seventh  - Among the reasons and justifications for participating in ruling with the unjust ruler, thejurisprudence of Islam extends to accepting the survival of the hypocrite in the Islamic community and treating him as a Muslim according to the apparent meaning, because in this conduct he paid a great corruption by bearing a minor corruption if he wanted to punish this hypocrite. Bin Abi and his ilk are among the hypocrites because of their aides, and removing their evil with a kind of punishment requires removing a greater known than that of the anger and protection of their people and the distaste of the people if they hear that Muhammad ﷺkills his companions [Fatwas Ibn Taymiyyah, vol. 28, p. 131]. This indicates the possibility of enduring the unjust ruler, working with him, and treating him on an ostensible basis, because this behavior pushes greater corruption in declaring his opposition and enmity than the corruption of working with him .

9)   Eighth  - The Muslims immigrated, with the permission of the Prophet to Abyssinia, to get rid of the harm of Quraysh and preserve the lives of Muslims, and he said to them In his permission for them to migrate to Abyssinia (If you go out to the land of Abyssinia, then there is a king in it that no one is wronged with him and it is a land of truth until God makes You have a way out of what you are in. ”[Biography of Ibn Hisham, vol. 2, pg. 343] So if it is permissible to go out to Abyssinia and accept the protection of the Negus for Muslim immigrants to preserve their lives, then participation in the ruling, with the consequent protection of the state for Muslim preachers because of this participation, is more permissible, because the life of Muslim preachers It is related to the interests of Muslims and the interests of the preachers .

Conclusion :

10) In   sum, the benefits and interests of participating in governance are greater and more than the disadvantages of participation according to a deliberate approach, and benefiting from it according to a set plan, whenever the benefits and interests of participation are very many, and therefore participation is one of the duties required by the existing circumstances, and God knows best .

11)  suffix : 

It came in authentic hadiths that the Prophet ﷺprayed for the Negus at the time of his death and was informed ﷺof his death and told his companions that their brother had died, and he would only pray for a Muslim . The significance of this is that the Negus, despite being a Muslim and in his hand is the command and the prohibition, but he was unable to implement all the rulings of Islam he knew because his followers of the Penguins and others were not satisfied with him by Islam to act upon him and Islam accepted him at that time. The Muslim’s participation in the ungodly ruler as long as this participation is a good work and the benefit of the Muslims as much as possible .

God bless our Prophet Muhammad and his family and him . All, praise be to God, Lord of the Worlds .