[Jaysh]

Extremism by Forbidding Employment in Government Positions

by

Abd Al-Rahman Ibn Mualla Luwayhiq

Taken from Religious Extremism in the Lives of Contemporary Muslims, pp. 579-586

A necessary aspect of any government or rule is that the ruler has to have supporters who fill some of his roles, needs and responsibilities. It is not possible for the overall leader to directly take care of all concerns. He cannot judge between the people in all of their disputes and he cannot fulfill all of their needs. This is something well known and admitted.

The question, then, is: What is the ruling concerning taking a government position for a ruler who is an evildoer, a wrongdoing oppressor or a disbeliever?

As for the ruler who is an evildoer, the scholars and judges of the Muslims, from the time of the early scholars and afterwards, continue to take judicial posts under those who are not acting righteously. If they were not to take such posts, the laws of the Shareeah would be voided in practice. [1]

As for the disbelieving ruler or one who is openly committing wrong and oppression, the scholars have differed concerning taking a post or job with someone of that nature. There are two opinions on this question. The first opinion says that it is allowed to take such a position as long as the deeds the person is performing in following that ruler are just and correct.

The second opinion states that it is not allowed to take any position from a blatantly oppressing wrongdoer. [2]

The Evidence:

The proponents of the first opinion offer a number of proofs, including:

(1) Allah said in the words of Yoosuf,

"(Yoosuf) said, 'Set me over the store-houses of the land: I will indeed guard them, as one that knows (their importance)'" (Yoosuf 55).

Ibn Attiyah stated,

"Some of the interpreters stated that in this verse is [the indication of] permissibility for a virtuous person to work for an evil person, on the condition that he will be in charge of what he does and not be objected to. Hence, he will be able to reform and correct what he wills. However, if his deeds will be according to what the evildoer decides and wants, then it is not allowed for him to [take such a position]." [3]


Al-Zamakhshari [4] said,

"Qataadah said that this is evidence that it is allowed for a person to take a position from an unjust ruler. The early Muslims would fill the positions and responsibilities of judges for the oppressors. If a prophet or a scholar knows that there is no way to rule by the command of Allah or repel wrongdoing except by the establishment of a disbelieving or impious king, he may support him." [5]


(2) [Second, they invoke the issue of] taking into consideration or weighing the good and the evil of a deed. Al-Izz
ibn Abdul Salaam said,

"If the disbelievers overtake a large country and the position of judge is given to one who can look after the needs of the Muslims masses, it seems apparent that he should fulfill that post in order to bring about general good and repel comprehensive evil. Given the mercy of the Lawgiver and His care for the needs of His servants, it is far-fetched to think that the general benefits would be given up and general evil would be allowed to prevail simply due to the capable person having to give up some aspect of the completeness of his character by not taking such a position. This is far-fetched indeed." [6]


Based on this principle, ibn Taimiyyah ruled that it is permissible to take a position of authority or a fief by one who is put in responsibility by rulers who have some wrong to them, with his intention that he will fulfill what is just.

Ibn Taimiyyah stated,

"All praise be to Allah. Yes, if he is striving for justice and removing of wrong to the best of his ability [he may take such a position]. His being in charge is better and more beneficial than the authority of others. His being in control over a fief is better than others being in charge... It is permissible for him to remain in the position of authority or in a fiefdom and there is sin upon him for that. In fact, his remaining in that position is better than him leaving it, unless he preoccupies himself with something better than it." [7]

Ibn Taimiyyah considered Yoosufs, the trustworthy, taking the position of treasurer for the king of Egypt to have been of this nature. He said,


"Yoosuf was not able to do whatever he wanted to do, which was what he saw as the religion of Allah, for the people would not respond to him. However, he was able to do what he could of justice and beneficence and having the ruler honor the believers from his family. He was not able to do that before. This all fell under the meaning of His words, 'So fear Allah as much as you can' (al-Taghaabun 16)." [8]


(3) The point to consider for the Shareeah ruling and for the sinfulness of the one taking the post is what he himself does and not what the ruler does. [9]


The evil in a deed of that nature comes from one of two aspects:

(a) the intention, (b) the deed.

As for the evil in the intention, it is where the person intends authority or wealth. As for the evil in the deed, it is where a forbidden deed is done or an obligatory deed is neglected. [10] Hence, the evilness of the ruler in himself is not a cause for evilness in the works of the one given a post or in a position of responsibility.

The proponents of the second opinion offer two points as evidence for their side. [11]

(1) Accepting a job from the wrongdoing oppressors is a form of showing loyalty and support for them.

(2) Also, in that act there is a type of attestation of their [that is, the rulers'] goodness by following their deeds. [12] They respond to the story of Yoosuf in a number of ways, including:

(a) The Pharaoh at the time of Yoosuf was pious. In fact, it is narrated from Mujaahid that he had embraced Islam. [13]

(b) Yoosuf would tend to the government lands and not to the Pharaoh's deeds. Hence, the responsibility for the Pharaoh's deeds would be removed from him. [14]

(c) The king would accept Yoosufs opinion and he would not object to anything Yoosuf opined. Hence, he was more the follower and Yoosuf the followed. [15]


Critique and Determining the Strongest View:


Allah knows best but the strongest opinion seems to be the first opinion. The reasons given by the proponents of the second opinion may be responded to in the following:

Continued here:

http://www.call-to-monotheism.com/ex...ualla_luwayhiq

[Jaysh]

bumpity bump for HT people.