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By
Mufti Zubair Bayat
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INTRODUCTION TO FATWA:
With atrocities and
injustices escalating all over the world, the
suffering masses and those that wish to show support
and solidarity with them are turning to mass-scale
demonstrations and protests to give expression to
their frustrations and feelings. Certain Muslims, by
virtue of being highly emotional-charged about these
issues, are quite eager to participate in these
protest events. However, conscientious Muslims are
always careful to ensure that all their activities
conform to the Shari'ah. In this respect, the
question on Muslim organization and participation in
these events is answered by Mufti Zubair Bayat of
South Africa in relative detail .
QUESTION RELATING TO
DEMONSTRATIONS &
PROTEST MARCHES:
Respected Mufti Sahib
As-Salaamu-Alaikum
Question: Is it permissible
to join protest marches, burn effigies of opposition
leaders, burn flags of other countries, hold rallies
in support of oppressed people of Palestine,
Kashmir, etc. At many of these rallies, there is
music, intermingling, missing of Salaats, blocking
of roads, thus inconveniencing people in their daily
movement, vandalism, coercion, etc. From an Islamic
perspective, is it permitted for Muslims to indulge
in these or not? Kindly reply urgently. May Allah
reward you.
Answer: Expressing
solidarity and support for oppressed people in any
part of the world is a noble act, more so if the
oppressed happen to be Muslims. Allah is Just and He
has made oppression Haraam for Himself, so how would
He ever allow it for another?
Islam imbues Muslims with a keen
sense of love for justice and hatred for injustice.
The Muslim therefore instinctively identifies with
the suffering of an oppressed people or nation. The
Qur'an and Hadith is replete with injunctions on
this subject.
In today's world, the mode of expressing indignation
and outrage against oppression assumes many forms.
Among these is the practice of holding
demonstrations, protest marches, rallies, vigils and
so forth. Some of the primary objectives of adopting
these modes of protest is:
In a world that keenly tracks
news events, the international media gives extensive
coverage to events of this nature and thus, maximum
exposure is gained to the strategic advantage of the
oppressed.
For a Muslim to express detestation for injustice
and solidarity with the oppressed in the form of
protest marches, etc. is allowed. Hazrat Thanwi (R)
has deemed these to be mubah (permitted) acts –
refer "Hakimul-Ummat ke Siyasi Afkaar" by Mufti Taqi
Usmani p.60. In a recent ruling, the eminent
scholar, Mufti Taqi Usmani Sahib has also intimated
that if the demonstration was not for any
impermissible cause then it is permissible.
However, all mubah (permitted) matters are governed
by certain provisions or regulations of Shari'ah
(Islamic Law). So long as these regulations are
adhered to, there is no issue. If these regulations
are ignored, then a mubah (permissible) act will be
rendered impermissible and may in fact, itself
become an act of transgression and sin, akin to
oppression. A Muslim is always motivated by the
desire to seek Allah's pleasure in all that he does
and will not transgress or violate His orders in the
process of attempting to perform a mubah
(permissible) deed.
Among some of the matters that need to be considered
by the organisers and participants of these
activities is the following:
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They shall not be accompanied
by any Haraam activity such as violence,
disrupting the peace, vandalism, coercion of
unwilling people to participate by threats of
violence, damage to persons or property, music,
dancing, vulgarity, rowdy and uncouth behaviour,
hindering the safe movement of non-participants or
any other act that is un-Islamic in nature. All of
the above acts are incorrect. In all of the above
cases, support is being shown to others who are
oppressed, but by the above acts, the protestor is
'oppressing' his own soul in the process. The
protestor's activity should not become a
manifestation of "Rabbana zalamna anfusana - O
Allah, we have indeed oppressed ourselves." The
organisers of these protest events have a greater
responsibility to take the necessary measures that
none of the above things take place, by arranging
marshals and so on.
-
It shall not lead to the
neglect of one's primary responsibilities such as
proper fulfillment of Salaah on its time, or a
student neglecting his studies, or an employee
neglecting his work duty unless permission is
sought from the employer.
-
The act of expressing protest
must not be considered as the end-all and be-all
of a Muslim's responsibility towards the
oppressed. Such an attitude needs revision.
Rather, it should be regarded as a means for
greater involvement in the struggle against
oppression. Muslims should never allow themselves
to get ensnared in the deceptive thinking that by
merely joining a protest event or two, they have
truly fulfilled their duty towards the oppressed.
-
On the point of burning flags
and effigies, caution must be exercised in not
allowing the main issues from becoming obscured or
covered. For example, at certain protest events,
flags (and effigies) of countries that are
friendly towards an oppressive regime are also
burnt. From a strategic point of view, this may
not be the ideal form of protest. Citizens of
those nations, who may not fully understand the
rationale behind this, will not take kindly to
watching their country's flag being burnt. Driven
by a spirit of patriotism, they may in turn
develop negative attitudes towards the oppressed
people. This is counter-productive to the purpose
of the protest, which was supposed to have
influenced public opinion and not the other way
around. The focus must therefore be kept primarily
on the oppressor and must not shift away from the
actual villains towards their supporters and
sympathisers. It is observed that some protest
events unwittingly fall into this trap.
The purpose of this response is
simply to set out the Shari'ah considerations in the
matter of protest methods and does not deal with the
issue of the advantages or disadvantages, the pros
and cons, of different protest modes. That is a
separate matter altogether. There are some who argue
in its favour, whilst others are opposed to it,
regarding it a sheer waste of energy, time and
resources. Different situations and conditions will
beg different viewpoints.
And Allah Ta'ala knows best
Mufti Zubair Bayat
South Africa |
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Article taken (with Thanks) from Darul-Ihsan Research &
Eduation Centre
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