PARTICIPATION IN A KUFR SYSTEM

The deen has been perfected and the favour has been completed. He سبحانه وتعالى said;

وَتَمَّتْ كَلِمَتُ رَبِّكَ صِدْقًا وَعَدْلاً لاَّ مُبَدِّلِ لِكَلِمَاتِهِ وَهُوَ السَّمِيعُ الْعَلِيمُ

"And the Word of your Lord has been fulfilled in truth and in justice. None can change His Words. And He is the All-Hearer, the All-Knower." [TMQ 6:115].

Indeed, it is a favour of Allah سبحانه وتعالى on His servants that He has perfected their deen and completed His favour upon them. He سبحانه وتعالى has guarded the Qur'an and protected it from change and alteration. He سبحانه وتعالى said;

إِنَّا نَحْنُ نَزَّلْنَا الذِّكْرَ وَإِنَّا لَهُ لَحَافِظُونَ

"Verily without a doubt it is We Who sent down the Dhikr (ie the Qur'an) and surely, We will guard it (from corruption)." [TMQ 15:9].

He سبحانه وتعالى preserved it so that it is a proof for mankind until the Day of Judgement.

Since the Messenger صلى الله عليه وسلم was the good ear that received the last revelation from the heavens to the earth, then the Muslims are obliged to take charge of the prophethood in the best manner; holding onto the Qur'an and biting onto the Sunnah with their teeth, as they have been ordered. Then they will be on what the Messenger صلى الله عليه وسلم and his Sahabah were on. Numerous evidences have come proving this point.

Since the Muslims, through the conveying of the da'wah, came into contact with the other nations to whom they offered the pure deen, the deen of ration and fitrah (nature), the other nations used to offer in response, even if only in defence, their religion to the Muslims.

Sometimes some Muslims used to be affected by their ideas without realising. This used to have a negative effect on their understanding and on the da'wah. However, after a while the Ulama' began to alert the Muslims; those Ulama', whom Allah سبحانه وتعالى has made as minarets and milestones, by which the truth is recognised. Hence they removed from the deen that which had become mixed with it, and was not originally part of it. They prevented fabrication and invalidated deception, so the deen returned shining. So the Muslims were moving between good and bad, until the evil of our times today. So how do we rescue ourselves from this?

Our situation today demands that we return to the causes at the goodness of the beginning of the matter, so that we can return Islam to its first course.

So that we can purify Islam from every doubtful thing, reject every fabrication and invalidate any deception, we must first free ourselves from this corrupt mentality that we have inherited from The West. That mentality, which makes us measure the affairs of the da'wah with the criteria of benefit, whims and desires; where whatever agrees with our whims and desires, we take, and whatever conflicts with them, we leave. Then we interpret the Shar'ee texts in a manner that agrees with our views. After that we quote texts to show the correctness of the view we have taken. The correct Islamic mentality is based on the fact that the command is only for Allah سبحانه وتعالى. It is not allowed when trying to understand the rule of Allah سبحانه وتعالى, to involve our tastes or inclinations in that process.

Nor should we allow our desires to dominate it. Just as we should not be fearful of our enemies, the people's alienation, the rulers' rejection of the deen, and the circumstances and surrounding conditions. It is also like using the absence of benefit as a justification for the da'wah carriers to lighten the conveyance and ease matters for the Muslims. Allah سبحانه وتعالى is the All-Knowing, All-Informed. He knows the nature of mankind and what they need, and what they are able to do, the reality in which they live, who the enemies are and how they should be dealt with, and more than all that.

The only correct method of Ijtihaad, as we have explained previously, is based on first understanding the reality that one wants to treat, and then solving the problem with the Shar'ee texts according to their indications. This leads to gaining knowledge of Allah's سبحانه وتعالى rule, purely on this reality.

In other words, when we proceed according to this method it is like saying this is the hukm for the reality in which we live, including its surrounding conditions and circumstances, difficulty and hardship, and the interest that we aimed to achieve in it. Regarding this matter, Allah سبحانه وتعالى says;

ِ يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تُقَدِّمُوا بَيْنَ يَدَيِ اللَّهِ وَرَسُولِهِ وَاتَّقُوا اللَّهَ إِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ

"O you who believe! Do not put (yourselves) forward before Allah and His Messenger, and fear Allah. Verily! Allah is All-Hearing, All -Knowing." [TMQ 49:1]

He سبحانه وتعالى says;

وَمَا كَانَ لِمُؤْمِنٍ وَلَا مُؤْمِنَةٍ إِذَا قَضَى اللَّهُ وَرَسُولُهُ أَمْرًا أَن يَكُونَ لَهُمُ الْخِيَرَةُ مِنْ أَمْرِهِمْ وَمَن يَعْصِ اللَّهَ وَرَسُولَهُ فَقَدْ ضَلَّ ضَلَالًا مُّبِينًا

"It is not (fitting) for a believer, man or woman, when Allah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allah and His Messenger, he has indeed strayed in a plain error." [TMQ 33:36]

The difference between those two mentalities is what led to this wide difference in understanding the rules, by which the Muslims wished their situations to be solved.

However, the mentality that has been influenced by the western thought, has been responsible for the suspension of some definite texts, and their abandonment for the sake of others for which there is no evidence, under the pretext of the circumstances, surrounding conditions, benefit and preventing the harm. The rule regarding usury for example, is a definite prohibition with an explicit expression that is not open to interpretation and devoid of any ta'leel (reasoning). The reality, circumstances, surrounding conditions, and the ideas of acquiring benefits, and repelling harms, have come to affect their thinking and made them come out with different rules regarding the permissibility of dealing with interest.

Some groups have been established on this mentality, and they have come out with rules that have no support in the Shar'a. Rather they contradict the Shar'a in a severe way. That is why they claimed that Democracy was from Islam, while it is the opposite of that as we have explained previously. They also claimed that participating in Jaahili regimes is permitted according to the Shar'a, and it is the only path available to the Islamic movement working to establish the Rule of Allah سبحانه وتعالى. Even though this completely contradicts the verses of the Qur'an and the Sunnah of His Messenger صلى الله عليه وسلم.

When we explained the corrupt idea of gradualism in applying Islam, or calling for it, we actually explained at the same time the corruption of the thoughts that relate to it, such as participation in a kufr ruling system. However, we are forced to pause here a little to refute the doubts related to this issue, so that no excuse remains for the one who advocates such ideas.

We also know, that as long as the mentality of these groups in understanding the Shar'a is not rectified, then advice will be of no use. This is because if we were able to convince them of the corruption of power sharing, and they still had this mentality, we will see them searching for an alternative to it using this mentality. Therefore, we must be very careful with this type of mentality that the Shar'a does not approve of. This kind of mentality is the soil in which these misguided thoughts grow.

Today, what does power sharing mean, and what are the justifications presented by its advocates?

Sharing means that the Muslims participate in ruling that is not on the basis of Islam, and rule with other than the rules of Islam. That is done by playing the game of Democracy and entering parliament for the sake of carrying them and their opinion into power, and with time assume the power exclusively. This will be through gradualism or stages, which according to their view, Islam approves of.

The justifications that permit power-sharing in their view, are rational and by Shar'a. As for the rational justifications they are as follows:

* The historical picture of Islam assuming power does not seem to be possible today. This is because all the regions of the Islamic world are under the control of powerful central authorities, supported by various international powers that possess awesome material and non-material forces (respect, influence etc). They are monitoring the movements of those who are working for Islam, and attempting to contain them and prevent their success. That is why, in their view, making analogy to the past is non-existent.

*The Islamic da'wah used to be organised to include all the Muslims, it used to be the community of the Muslims, while the current jama'ah only includes a group from the Muslims. This is what places the current jama'ah in a difficult position, since there is a broad base of Muslims who are not subject to its leadership. The Jahili regimes derive many diverse benefits from this. That is why the modern Islamic movement places itself on the party path, followed by modern parties, if it wants to reach power.

The methodology of the modern political parties is based on styles through which they reach power. These styles are either through the democratic game or via the military coup or a popular armed revolt. The doors have been closed in the face of the modern Islamic movement such that it cannot obtain a military force from within the armies of their countries that enables it to stage a military coup. The door of popular revolt has also been shut under the shadow of the current despotic regimes. It is only the third option that remains for the modern Islamic movement, which is the path of the political party work, which leads to participation in non-Islamic ruling.

They add: In the process of achieving this great objective, which the Islamic movement was established to achieve, it is not possible to argue against the objective using partial matters that conflict with it (the objective). This is because in case there is a conflict between the juz'i (partial) with the kulli (whole), then the kulli is weightier. The flexibility of the Islamic Sharee'ah together with its practicability, would not be possible if the realisation of the great objectives was prevented because of partial conflicts. Likewise, it is not right to get the Muslims into difficulty, and restrict them to assuming the power only through one route, even though this route is impossible in some circumstances and situations. In case it was unfeasible to apply the first way, it is possible to move to the second, third, or fourth one. It may even be good (in the maslahah), at some stage, to proceed along these four ways in parallel, until at the end one of them is decided to be better.

DISCUSSION OF THE MENTIONED RATIONAL JUSTIFICATIONS

From their presentation of the rational justifications allowing deviation from the Shar'a rules, it appears that the culture of these people is not an Islamic culture, even though they use some Usuli and Shar'ee expressions. They do not possess the regulated method of thinking in Islam, regarding how to look at the reality in deducing the Shar'ee rule, or in looking at the Shar'ee rule itself. They did not distinguish between the method and style in their work. Perhaps the dominant idea of ‘flexibility of the Sharee'ah' has made them complacent regarding the Shar'ee rules and their substitution with non-Shar'ee rules, under the pretext of keeping up with the age.

The view that allows us not to take the method of the Messenger صلى الله عليه وسلم, and the rules of the Sharee'ah, as long as many things have changed, is incorrect and does not indicate that a deep study of the reality that they wish to change has taken place. That is because, what is important about the reality is its fundamental characteristics and not its variable forms. Society, in terms of its basic constituent elements (the people, thoughts, emotions and systems) remains as it is without change, even if it takes on different forms such as being tribalistic, a simple or complex State, and whether it is democratic or a dictatorship. Thus, the consideration is for the fundamental characteristics, and the changing forms have no effect on the method of change. For example, challenging the erroneous thoughts, incorrect concepts, and bad customs and traditions in the society intended for change is a Shar'ee rule that the Messenger صلى الله عليه وسلم acted upon, so it is an established work. What varies is the thought of society, which could be shallow Patriotism, narrow Nationalism or ideological Capitalism or Communism. It is well known that the ideological thought is stronger than any other thought, and overthrowing it requires great effort. The difference in thoughts may make the work more difficult or easy, but it will not change the method. Whether the form of the system is tribalistic as it was in the time of the Messenger صلى الله عليه وسلم, or it is a simple or complex State as it is in our day, does not change the rules of the method, though it may obstruct or facilitate the work. Whether the system aiming for change depends upon armies or armed tribes for its protection and consolidation there is a force that it depends on. The work of the Messenger صلى الله عليه وسلم was focused on seeking the Nusrah from this type of force to establish the Islamic State. When the Messenger صلى الله عليه وسلم worked to establish a new society, he concentrated on the constituent elements of society.

Thus he produced people who had strong Imaan, people who were ready to carry the burden of the da'wah and establish the State (the Muhajireen), and he created the popular base, which would embrace the da'wah and its carriers and accept the state to be established amongst them (the Ansaar). Hence the seeking of the Nusrah is the method to reach power. The Messenger صلى الله عليه وسلم persisted with this method, despite the obstacles and difficulties he faced during seeking of the Nusrah. The one who studies the work of the Messenger صلى الله عليه وسلم in Makkah finds that the method of change deals with the basic pillars. He finds that his صلى الله عليه وسلم method did not change by the change of the time and place, and nor did it change from region to region. This is because the differences in the characteristics of the different regions and societies relates to the form and not the essence. The nature of these characteristics is what makes the work difficult or easy.

The view that the Sharee'ah is flexible, does not also allow the minds and whims of Muslims' to change it, under the pretext of flexibility. Allah سبحانه وتعالى has made the Sharee'ah complete such that it is wide enough to solve all the problems of life, whether old or new. However, all this is within the regulated Usul (principles), that emanate from the fact that the rule is only for Allah سبحانه وتعالى.

It is not allowed to suspend the texts using the view that the Sharee'ah is vast, or to extend it to include that which it not from it. Some Muslim scholars have suspended the Shar'ee punishments under this pretext. They said that since the aim of the punishments in the Sharee'ah is to be a deterrent, then whatever deters crime can be considered to be in agreement with the Sharee'ah. Since the Shar'ee punishments are not considered to be consistent with the spirit of the time and they have been dismissed and rejected by the hearts and minds of the people, we can move onto something else, as long as it achieves the aim. Had the Sharee'ah not been flexible and evolving, we could not have done that. They also said that Jihaad fee sabeelillah is for the purpose of spreading Islam. Since it is possible to spread Islam using means other than Jihaad, by the modern civilised means available to us such as the radio, television and other types of media, then it is possible to replace Jihaad with these means. Had the Shar'a not been flexible and evolving, we could not have done that.

Regarding the method of attaining the Islamic ruling they said that any method that can achieve this, can be followed. It is not necessary to stick to one way and not go beyond it. This is rigidity and tightness that contradicts the nature of Islam, which is kind, flexible and evolving, and in which Allah سبحانه وتعالى has not placed any difficulty.

Thus, the statement that the ‘Sharee'ah is flexible' in this sense is haraam, because it suspends the laws of the deen, and because it is in conflict with the nature of Islam. It is affected by the western thinking, and follows along behind it.

As for the view that when the partial (rule) clashes with the comprehensive (rule), then the comprehensive (rule) is weightier. This is a statement that requires explanation, because it appears that there is a similarity between the expressions that they used and the expressions of the Usuli scholars, but they do not carry the same regulated meanings that Usuliyeen used. It also shows unsteadiness in the concepts and criteria. So if the Sharee'ah was lenient in a matter or soft in a particular issue, then this is enough for them to generalise that to every matter and every issue.

In this regard, another point remains. That is, that the rational justifications can have no effect in determining the Shar'ee rule. The scholars of Usul have stated that the reality forms the Manat (object) of the rule, but does not oblige or forbid. Rather the reality is understood only as it is. The Shar'ee evidences by which the rule of the Shar'a is determined come after that. Therefore, rational justifications, in principle, have no value.

As for the Shar'ee justifications, they are based on the fact that in origin, it is not allowed to participate in a government that rules by a Shar'a other than the Shar'a of Allah سبحانه وتعالى This is owing to a number of factors.

* The generality of the texts mentioning those who do not rule by what Allah سبحانه وتعالى has revealed characterised them with kufr (disbelief), zulm (injustice) and fisq (transgression). He سبحانه وتعالى says;

وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللّهُ فَأُوْلَـئِكَ هُمُ الْكَافِرُونَ

"And whosoever does not judge by what Allah has revealed, such are the Kaafirun (disbelievers)." [TMQ 5:44].

He سبحانه وتعالى says;

وَمَن لَّمْ يَحْكُم بِمَا أنزَلَ اللّهُ فَأُوْلَـئِكَ هُمُ الظَّالِمُونَ

"And whosoever does not judge by what Allah has revealed, such are the zaalimun (unjust, oppressors)." [TMQ 5:45].

He سبحانه وتعالى says:

وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللّهُ فَأُوْلَـئِكَ هُمُ الْفَاسِقُونَ

"And whosoever does not judge by what Allah has revealed, such are the Faasiqun (transgressors)." [TMQ 5:47]

* The Hakimiyyah (sovereignty) must belong only to Allah سبحانه وتعالى. He سبحانه وتعالى said:

إِنِ الْحُكْمُ إِلاَّ لِلّهِ أَمَرَ أَلاَّ تَعْبُدُواْ إِلاَّ إِيَّاهُ

"Indeed, the Rule is for none but Allah. He has commanded that you worship none but him." [TMQ 12:40]

* Also Allah سبحانه وتعالى has forbidden the believers from referring to a law other than the Sharee'ah of Allah سبحانه وتعالى, and He made that a negation of the Imaan when He سبحانه وتعالى said;

فَلاَ وَرَبِّكَ لاَ يُؤْمِنُونَ حَتَّىَ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لاَ يَجِدُواْ فِي أَنفُسِهِمْ حَرَجًا مِّمَّا قَضَيْتَ وَيُسَلِّمُواْ تَسْلِيمًا

"But no, by your Lord, they can have no Imaan, until they make you the judge in all disputes between them, and find in themselves no resistance against your decisions, and accept them with full submission." [TMQ 4:65]

* He also criticised the hypocrites for referring to other than what Allah has revealed:

أَلَمْ تَرَ إِلَى الَّذِينَ يَزْعُمُونَ أَنَّهُمْ آمَنُواْ بِمَا أُنزِلَ إِلَيْكَ وَمَا أُنزِلَ مِن قَبْلِكَ يُرِيدُونَ أَن يَتَحَاكَمُواْ إِلَى الطَّاغُوتِ وَقَدْ أُمِرُواْ أَن يَكْفُرُواْ بِهِ وَيُرِيدُ الشَّيْطَانُ أَن يُضِلَّهُمْ ضَلاَلاً بَعِيدًا

"Have you seen those (hypocrites) who claim that they believe in that which has been sent down to you, and that which has been sent down before you, and they wish to go for judgement (in their disputes) to the Taghut (false judges) while they have been ordered to reject them. But Shaytan wishes to lead them far astray." [TMQ 4:60]

* It is not allowed to leave the rule of Allah سبحانه وتعالى for the rule of anyone else. Whoever does that would be giving preference to the rules of Jahilliyyah over the rule of Allah سبحانه وتعالى.

أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللّهِ حُكْمًا لِّقَوْمٍ يُوقِنُونَ

"Do they then seek the judgement of (the Days of) Ignorance? And who is better in judgement than Allah for a people who have firm belief." [TMQ 5:50]

This is the rule in origin, but participation in the cabinet is allowed (in their view) as an exception to the origin, deduced from the following evidences: