Articles

Positive Human Participation
Author : Dr. Fadi Rabab`ah
Date Added : 16-01-2024

Positive Human Participation

 

From the beginning of its call, Islamic Sharia has called for adhering to values, extending beyond its initial call in Mecca, reaching far and spreading its goodness to the entire world. This is exemplified by the stance of the Islamic ambassador, Jafar ibn Abi Talib, the cousin of the Prophet (PBUH) and a noble companion. He was sent as an ambassador to the Negus, the ruler of Abyssinia, who followed the Christian faith.

 

This is reflected in the statement of Ja'far ibn Abi Talib, found in [Musnad Ahmad, Hadith No. 1699] and [Sahih Ibn Khuzayma, No. 2073], when he addressed the Negus about their state during the era of ignorance, highlighting their immoral practices and their transformation after the Prophet was sent to them. Ja'far said: "O King, we were a people in the era of ignorance, worshipping idols, consuming carrion, engaging in immoral deeds, severing family ties, and mistreating neighbors. The strong among us would oppress the weak." He continued, "We persisted in this state until Allah sent to us a Messenger whose lineage, truthfulness, trustworthiness, and chastity we knew."

 

Ja'far ibn Abi Talib then explained the values to which the Prophet Mohammad (peace be upon him) invited them. He said: "He invited us to worship Allah alone and abandon what we and our ancestors used to worship besides Him, such as stones and idols. He commanded us to speak the truth, fulfill trusts, maintain family ties, show kindness to neighbors, refrain from unlawful acts and shedding blood. He forbade us from committing immoral deeds, lying, consuming the wealth of orphans, slandering chaste women, and ordered us to worship Allah alone, associating nothing with Him. He commanded us to perform prayers, give zakat, and observe fasting."

 

Then Ja'far described the believers' response to this call, saying: "So we believed in him, affirmed the truth of his message, and followed him in what he brought. We worshiped Allah alone, associating nothing with Him, prohibited what He forbade, and allowed what He made permissible."

He continued, "Our people then transgressed against us, tortured and tempted us to forsake our religion and return to the worship of idols instead of Allah, and to resume the permissibility of what Allah had made forbidden for us."

 

He concluded his speech with wisdom, indicating the reason they sought refuge in Abyssinia, saying, "When they oppressed us, treated us unjustly, made life difficult for us, and stood between us and our religion, we left for your country, choosing you above all others, seeking your protection, and hoping not to be wronged under your rule, O king."

 

So, the Negus turned to the delegation from the Quraysh who came to take back the companions and said, "Go away, by Allah, I will never surrender them to you."

 

The Prophet (peace be upon him) requested his companions to migrate from their land due to the persecution and harm they were facing, ensuring their safety and freedom to choose their beliefs. This underscores the positive and humanitarian engagement of Islam, and its openness to other societies, especially those where justice is upheld. The Prophet (peace be upon him) praised the just rule of the Negus, emphasizing the universal value of justice that respects human beings, their freedom, lives, and ensures fairness. Thus, the Prophet (peace be upon him) acknowledged the justice of the Negus and commended him for it.

 

What confirms the profound positive human engagement of Islam is the Prophet Mohammad`s (peace be upon him) participation in an alliance known as the "Hilf al-Fudul" in Mecca, even before his prophethood and the call to Islam. Its purpose was to support the oppressed, resist injustice, and the Prophet praised this alliance, saying, "I participated with my uncles in a pact at the house of Abdullah ibn Jada'an, which I would not exchange for the choicest camels." (Narrated by Imam Ahmad).

 

The "Hilf al-Fudul" alliance was formed four months after the Sacrilegious wars (Harb-ul-Fijar). The reason behind it was that a man from Zubaid (a town in Yemen) came to Mecca with merchandise, which Al-As ibn Wa'il purchased from him. However, Al-As denied him his rightful due, and the Zubaidi sought justice against him. The nobles of Quraysh did not support him due to the high status of Al-As among them. The Zubaidi sought help at the Kaaba, and appealed to the Banu Fihr and other honorable people. Al-Zubair ibn Abd al-Muttalib asked why this man was left helpless. The Banu Hashim, Zuhra, and Banu Taym ibn Murah gathered at the house of Abdullah ibn Jada'an and prepared a meal for them. They formed an alliance and pledged by Allah to stand as one hand with the oppressed against the oppressor until his right was restored. Then they went to Al-As ibn Wa'il, took back the goods from him, and returned them to the Zubaidi, establishing this alliance known as "Hilf al-Fudul." It was named so because those who participated in it were named Fadl, such as Fadl ibn al-Harith, Fadl ibn Wada'a, and Fadl ibn Fadala.

 

Regarding this alliance, Al-Zubair ibn Abd al-Muttalib says:

They pledged and allied in unity, 

That in Mecca, oppression should not stand. 

Neighbor and guest, both shall be free,

 An oath upon which they firmly band.

 

Islam promotes the value of positive human participation on a global scale and condemns isolationism without necessity. Its call is a universal mercy to all people, as described by Allah in the Quran: "And We have not sent you, [O Muhammad], except as a mercy to the worlds." [Quran, 21:107]. Islam encourages participation in international organizations and humanitarian associations that uphold human rights, people's freedom, and work towards establishing justice while respecting human dignity, in alignment with the values and principles of Islamic law.

 

 

 

 

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Summarized Fatawaa

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

Is it permissible to offer an Udhiyah on behalf of another without their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is not permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else without their permission, except in the following cases: if he sacrifices on behalf of the members of his household, if a guardian sacrifices from his own wealth on behalf of his ward, or if the Imam (ruler) sacrifices from the public treasury (Bayt al-Mal) on behalf of the Muslims. And Allah the Almighty knows best.

Is the prayer of a woman who is led by an Imam via T.V. permissible?

All perfect praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.                                                                                                                                                                                                                          Amongst the conditions for the validity of prayer is that both the Imam and those led by him must be in the same place. Thus, the prayer of the person who is being led by a televised Imam is invalid unless he/she was with him in the same mosque. And Allah Knows Best.

Which holds greater virtue: The Udhiyah (Sacrificial Offering) or giving its value in Charity (Sadaqah)?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial offering) holds greater virtue than donating its monetary value to the poor and needy. This is because the sacrifice is a prominent, manifest ritual among the sacred symbols of Islam. Allah Almighty says: "That [is so]. And whoever honors the symbols of Allah - indeed, it is from the piety of hearts." (Al-Hajj: 32)
 
Furthermore, there are numerous authentic and explicit Hadiths highlighting its immense reward. The Prophet (peace and blessings be upon him) consistently offered this sacrifice, as did the Righteous Caliphs after him. And Allah the Almighty Knows Best.