The Validity of the Victorious Emirate
In the Name of Allah, the Most Beneficent, the Most Merciful
The question: 'What is the ruling regarding the victorious Emirate, i.e. in the case that ISIS “the group of Dawlah” becomes victorious and stabilized, should we pledge them allegiance .. Or what should we do? And may Allah reward you.'
All praise is to Allah and peace and blessings be upon His messenger waba’d:
This question has been asked to me from a couple of directions,especially after the fitnah of the ISIS Khawarij appeared in Shaam and Iraq... so we had to respond to this so I say - I ask help from Allah- :
The victorious one in this case is the one who takes the leadership by means of power, domination, compulsion, violence and does not hesitate to shed prohibited blood, and uses the sword and killing against anyone that stands in his way or hinders him from reaching his target and goal, which is gaining the authority and governance!
And after he burglarizes the authority and governance and allocates ruling to himself, he conducts the policy of repression, tyranny, terror and muzzling for him to guarantee that his dominance over the land and people will not end!
So he conquered in a bad and illegal manner; its nullification comes from several directions:
Amongst them is that he didn’t enter the houses from their Sunni legal doors... and Allah said:
[It is no virtue if ye enter your houses from the back: It is virtue if ye fear Allah. Enter houses through the proper doors] Al-Baqara: 189.
And the Shar'i door to enter governance is organized by: consultation and the agreement and satisfaction of the Ummah, they are headed by those who represent them from amongst Ahl-alhalwal-aqd from amongst the scholars, Sheikhs, leaders of jihad, notable people the ones through whom power and strength is achieved, and through whom the system of governance is stabilized.
And Allah said:[They (conduct) their affairs by mutual Consultation] As-Shurah: 38.
And Allah said: [and consult them in the affairs] Al-Imran: 159.
And the biggest issue that is allocated to consultation is the governance system and erecting a Imam or rulers for the Muslims.
And it was narrated that Abu Huraira - may Allah be pleased with him - said: "I didn't see anyone who used to consult his companions more than the Messenger of Allah may peace and blessings be upon him".
And he - may peace and blessings be upon him - doesn’t speak of (his own) desire nor does he speak anything but trueness and honesty, but still he used to consult his companions more than anyone. So what about others than him and especially late coming people should emphasize even more on consultation and characterize themselves even more with consultation until consultation becomes a system of living.
And 'Umar - may Allah be pleased with him - said "The emirate is consultation" that means that the emirate is established and affirmed by consultation.
And he (Umar) may Allah be pleased with him said: "Whoever gives the pledge of allegiance to anybody among you without consulting the other Muslims, neither that person, nor the person to whom the pledge of allegiance was given, are to be supported, lest they both should be killed" Bukhari. So warn them that both of them should be killed, because when he deceived himself, and those who pledged him allegiance without consulting the Muslims, both of them have subjected themselves to killing.
And when the Muslims gave pledge of allegiance to Ali bin AbiTalib - may Allah be pleased with him - for Caliphate, he stood up amongst them the following day and gave a speech saying: "O people this is your matter, this Caliphate – nobody has the right to get it except the one you ordered, and we departed yesterday after agreeing on the matter, if you wish I do that for you, and if not I am not angry with anyone ..". They said: "We still agree about what we agreed on yesterday when we departed". So he ascribed the right of choosing the leaders to the people and their representatives from among Ahl-alhalwal-aqd and those who have the power to subscribe the pledge of allegiance and affirm the imamate and guardianship.
And the Messenger - may peace and blessings be upon him – cursed the one who leads people while they hate him. He said: "Three kinds of people, their prayer is not accepted from them, nor will it be raised to the heaven, nor would it go past their heads: The one who goes in front of people (in prayer) when they do not like him". This is about someone who goes in front of people (in prayer) when they do not like him, so what about the one who goes in front of people in guardianship and imamate and they do not like him. Without doubt, the latter is more cursed than the first one, and his banishment and non-acceptance of his deeds would be more severe.
And also: the victorious one is very serious about having leadership and guardianship. Because leadership is a goal for him for which he allows himself to shed blood and violate sanctities and the Messenger of Allah - may peace and blessings be upon him - has forbidden to ask for leadership or hope for it or caring to get it, so he - may peace and blessings be upon him - said: "By Allah, we do not assign the authority of ruling to those who ask for it, nor to those who are keen to have it" Muslim. And he - may peace and blessings be upon him - said: "You people will be keen to have the authority of ruling which will be a thing of regret for you on the Day of Resurrection" Bukhari.
And Abd al-Rahman b. Samura said that the Messenger - may peace and blessings be upon him - said to him: "Abd al-Rahman b. Samura, don't ask for authority, for if it is granted to you for asking for it, you would be commissioned for it (without having the support of Allah). But if you are granted it without you asking for it. You would be helped (by Allah) in it" Muslim. However, the victorious one is a tyrannical ruler that dominates by mightiness and does not hesitate to use violence, oppression, suppression and shedding prohibited blood for his desire for governance and authority!
And on them and the dictatorial tyrannical rulers the saying of the Messenger - may peace and blessings be upon him - can be applied when he - may peace and blessings be upon him - said:
"Six kind of people Allah cursed – and all the prophets cursed –. Among them was: the one who takes authority using power: and humiliates those who Allah had honored, and honors those who Allah had humiliated…".
And he - may peace and blessings be upon him - said: "The one who attacks my Ummah (indiscriminately) killing the righteous and the wicked of them, sparing not (even) those staunch in faith and fulfilling not his promise made with those who have been given a pledge of security - he has nothing to do with me and I have nothing to do with him" Muslim.
And he - may peace and blessings be upon him - said: "Two kind of people will not get my intercession: An unjust oppressor ruler, and the ruler who exaggerates in the matters of the religion while he has left it" narrated by Bin AbiAsim and was authenticated by Sheikh Nasir in his book At-Tarich 41. And the unjust ruler is the one that thrashes the people and takes from them what he can take whether it is permitted for him or not…!
And he - may peace and blessings be upon him - said: "The severest torment that would be given to people on the Day of Judgment would be given to the tyrannical leader" Sahih al-Jami’
And he - may peace and blessings be upon him - said: "Four kind of people Allah dislikes" – among them was: the tyrannical leader, silsila Al-Sahiha 363. And without doubt the victorious leader in this case is a tyrannical leader who takes the right of the Ummah to rule.
And he - may peace and blessings be upon him - said: "The worst of guardians is the cruel ruler" Muslim. The cruel ruler is the ruler that oppresses the citizens and uses force against them and takes the way of violence and intensity against them..!
And he - may peace and blessings be upon him - said: "There will be leaders upon whose their speech no one would comment, they will cry in the hellfire, and will enter (the hellfire) following each other" Silsila As-Sahiha 1790.
When he said that upon their speech would not be commented, means that due to their intensity, tyranny, dictatorship, authoritarianism and them alone having the management it reaches such a degree that no one of his citizens dares to comment on him with a saying or opinion or understanding because those rulers are above questions and comments and whoever dares to make a comment his retribution is suppression, imprisonment and
Punishment, such rulers and leaders will cry in the hellfire, they will follow each other to it!
This is the ruling and retribution of the dictatorial victorious leader and this is the Shar'istand about it, so when it is asked: 'If it becomes stabilized, what is the stance regarding it, and what should be done?'
I say if it stabilizes and its ruling becomes stable. We estimate the evil of the Khawarij and estimate the evil from them ruling. Then you choose the less evil of the two. In order to push away the bigger evil and harm. And obedience to them would only be - in permissible things
- on the eve of necessity that makes unlawful things permissible and when the Khawarij are ruling and dismissing them from the position of ruling is lesser harm or evil, than having them stabilizing themselves on leadership and authority, then the Ummah has to rebel against them and replace them with a Shar'i leadership that the Ummah is satisfied with, for the Islam came to procure the bigger benefit and push away the biggest and severest evil. So the benefit and justice for the people is in Islam and its rulings and the evil and oppression for the people is in the religion of the Taghoot, and its rulings!
And if the victorious one is a person of desire and assembled harm, like the Shia and Rafidis or the extremist Khawarij. His root doesn’t discourage him from violating the sanctities and shedding prohibited blood, for such a person there is no obedience to him by no means. Except under the circumstance of compulsion and fear in the case of weakness. And it is a duty to push him away and fight him as far as possible. For the Shari'a says that he must be pushed away and fought and his evil and corruption must be pushed away before he grows stronger, or after he grows stronger. If his evil and harm is not pushed away except by fighting. The Messenger of Allah - may peace and blessings be upon him - said about the extremist Khawarij. "In the last days of this world there will appear some young foolish people who will use (in their claim) the best speech of all people (i.e. the Qur'an) and they will abandon Islam as an arrow going through the game. Their belief will not go beyond their throats (i.e. they will have practically no belief), so wherever you meet them, kill them, for he who kills them shall get a reward on the Day of Resurrection" Bukhari and Muslim.
And he - may peace and blessings be upon him - said: "There will appear some people among you who will recite the Qur'an which will not exceed their throats (they will not act on it) and they will go out of Islam as an arrow goes out through the game. Whereupon the archer would examine the arrowhead but see nothing, and look at the unfeather arrow but see nothing, and look at the arrow feathers but see nothing, and finally he suspects to find something in the lower part of the arrow" Muslim.
'It was narrated that Abu Umamah said: "(The Khawarij) are the worst of the slain who are killed under heaven, and the best of the slain are those who were killed by the dogs of Hell (the Khawarij). Those people were Muslims but they became disbelievers." I said: "O Abu Umamah, is that your opinion?" He said: "Rather I heard it from the Messenger of Allah may peace and blessings be upon him."' Sahih ibn Maja 146.
And he - may peace and blessings be upon him - said : "They are the worst people of my Ummah, and will kill the best people of my Ummah", Ibn Hajar said in al-fatih 12/298 that the Isnad is Hasan. The first one who fought them was Ali Bin AbiTalib - may Allah be pleased with him - in the battle of Nahrawan.
He - may peace and blessings be upon him - said: "Soon there will appear disagreement and dissension in my people; there will be people who will be good in speech and bad in work. They recite the Qur'an, but it does not pass their collar-bones. They will swerve from the religion as an arrow goes through the animal shot at. They will not return to it until the arrow comes back to its notch. They are worst of the people and animals. Happy is the one who kills them and they kill him. They call to the book of Allah, but they have nothing to do with it. He who fights against them will be nearer to Allah than them (the rest of the people)" Abu Dawud 3543.
Even in the history when the extremist Khawarij were able to establish some of their own Emirates. It was not known that anyone from the Salaf used to be loyal to them or used to obey them, or gave pledge of allegiance to a leader from their leaders. Or called for giving pledge of allegiance to them and obeying them. Rather there was only one opinion no more, and that was fighting them, and refuting their aggression and danger from the people and sanctities!
And the ISIS Khawarij – are the Khawarij of this time – they are known by the name “the Dawlah faction”; this description and ruling is implemented on them. Rather a lot of their descriptions, characteristics and deeds are worse and more dangerous than the ones of the
Khawarij of the past. So pushing them away is most important and stressed. Hence it is not allowed for a disagreement to happen regarding whether it is allowed to fight them, refute their aggression and danger from the lands and its people. Likewise it is not allowed for a disagreement to happen regarding the nullification of their Emirates, leadership and their pledges of allegiance. No matter how much they expand. And become victorious in some places. And declare the expanding of their name for them to become the Caliphate – after they were called Dawlah – and that their companion “Ibrahim Awwad” became the Caliph doesn’t change anything, for adopting and pretending names and rising slogans doesn’t matter. Rather what matters is legalization and extending the abilities so that they will be characterized with what they pretend, claim and what they are satisfied with!
And they claimed that their companion the Khariji “Ibrahim Awwad” became the Caliph of the Muslims, all the Muslims on the earth. And they want all the Muslims on the earth (– the whole earth!) to give him pledge of allegiance and obey him.
While their companion until now doesn’t dare to define his self, features and location and the Messenger - may peace and blessings be upon him - said: "The Imam is like a shelter for whose safety the Muslims should fight and where they should seek protection" Bukhari and Muslim.
When he said "The Imam is like a shelter" means that he is a shelter for the Muslims – all the Muslims – from the enemies and their danger and protects the sanctities and the lands and its people and that is the basic purpose of Imamate and Caliphate, so where is their Khariji companion “Ibrahim Awwad” whose background and status is unknown and he is unable to identify himself and his figure, this is what he and a lot of those who are with him do inorder for him to be able to repel the enemy from himself, so how can he apply the great meaning of this noble Hadith of our Prophet?!
This is my answer to the question above and the last statement we say all the praises and thanks be to Allah, the Rabb of the worlds.
Abdul Mun’im Mustafa Halima
Abu Basir At-Tartosi
14-05-1435H
15-03-2014
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