Darul Ifta wal Irshad Mumbai on Shura or Ameer

Title: Legal Status of Leadership in Tablighi Jamaat

Dear Mufti Sahib,
Assalamu alaikum wa rahmatullahi wa barakatuh

Some questions regarding the legal status of leadership in Tablighi Jamaat and the damage caused by global discord:

  1. Does the existence and continuation of leadership at Markaz Nizamuddin hold such legal status that efforts for its existence and continuation should be made to such a degree that the severe division of the community into two factions should be overlooked?
  2. Is the existence of leadership such a great legal necessity that the division of the jamaat should be accepted but leadership should be maintained?
  3. Was running Tablighi Jamaat’s work under “Shura and Mashwara” without any “Hazrat Ji” or leader an un-Islamic method? (As it ran for the past 20 years)
  4. Does the effort for existence and continuation of leadership in the current situation hold such legal status that the collectiveness of the jamaat should be put at stake for it?
  5. Was there any such legal flaw in the global Shura of previous elders that accepting it was legally incorrect?
  6. Is it not permissible to run the Tablighi Jamaat center without an Ameer (leader)?
  7. In the current situation, does eliminating leadership and running the Tablighi center under consultation involve any un-Islamic act?
  8. Isn’t it cautious that a personality like Maulana Saad Sahib, from whose tongue multiple un-Islamic statements have emerged, should not be made the sole foundation of the entire Tablighi Jamaat, and the work should continue under the guidance of several elders including Maulana Saad Sahib… so that the community can avoid irregular statements and isolation?
  9. Won’t giving leadership of the largest public organization of the righteous people to “Maulana Saad Sahib’s religiously controversial personality”, who has committed extremism and severe mistakes in many matters of Shariah as well as distortion of meaning, make religion unsafe?

Questioner: Shah Mashkoor Siddiqui, Mumbai

Answer

[After Praising Allah and sending blessings on the Prophet]

The current leadership is based on lies, allegations, accusations, criticism of community elders, as well as arbitrary interpretation of the Holy Quran and blessed Hadiths.

Religion spreads from some place, but it’s not necessary that it must spread from that same place until the Day of Judgment, and that those who separate from that place are misguided, while those who stay there are guided. Rather, the opposite can also happen.

Hazrat Ali (may Allah honor his face) established the caliphate capital in Kufa, while the Prophet (peace be upon him) had established it in Medina.

Today, leadership has transformed into egotism and arbitrariness. Instead of encouraging people towards religion, a group is spending time trying to impose leadership. This leadership is causing tremendous discord in the community, but the concern is only for their own leadership – can this be called religion and the fifth number of sincerity of intention?

In any case, I am sending you a query and its answer in which you will find answers to your questions. Please read it.


Query on Current Discord at the Center and its Detailed Answer

Maulana Mufti Junaid Sahib!

Assalamu alaikum.

I wanted to ask about dawah and tabligh

  1. The first question was whether there should be Ameer or Shura in the work of dawah?
  2. Would it be correct to give the example of the companions’ era that there was leadership among the companions, like the four caliphs, etc.?
  3. Is it correct to consider Maulana Saad Sahib to be on the right path even after Deoband’s fatwa?
  4. Someone told me scholars’ disagreement is mercy – should this be called mercy or is this a serious discord?
  5. Finally, should I follow Maulana Saad Sahib or Maulana Ibrahim Sahib Dewla and Ahmad Laat Sahib?

Questioner: Muhammad Ayub Memon

The Answer: Praising Allah and sending blessings on the Prophet:

Answer 1 – Ameer ot Shura?

In the corruption of time and especially when the desire to become leader is dominant, the protection and usefulness of tabligh work lies in working under Shura (whose methodology is coming ahead).

The methodology of Shura is that a leader is decided for each week or month. Now this leader makes all decisions during that week or month after consulting with the consultation committee, then another leader is decided for the next week or month, and so on.

Thus Shura also works under a leader, the only difference is that this leader is not for life.

Answer 2 – How an Ameer is selected

During the time of the Sahaba, there was a caliphate in absolutely all matters. Therefore, firstly, our work of Da’wa and Tabligh is not a matter of caliphate that absolutely requires a permanent leader. Even so, the work of dawah and tabligh is not devoid of leadership as a leader is appointed every week or month in consultation.

There are only four legal methods of selecting a leader in caliphate and leadership:

  1. Scholars, judges, etc. people of authority agreeing upon a capable person, as happened with the appointment of Abu Bakr Siddiq (may Allah be pleased with him) by consensus of the companions.
  2. A legally selected leader or caliph appointing someone capable after consultation with advisors or by his own judgment, as happened with the establishment of Umar’s caliphate by consensus of companions.
  3. Those fulfilling the conditions of a Shura appointing someone after careful consideration through consultation. This is similar to the Shura committee appointed by Umar (may Allah be pleased with him) selected Uthman (may Allah be pleased with him), and the companions accepted this.
  4. A capable person taking control of leadership through dominance and authority, making everyone obedient through reconciliation of hearts and power. (Some forms of dominance are un-Islamic and impermissible, details of which are mentioned in their place in books of jurisprudence) (Derived from: Izalatul Khafa, First Purpose, First Chapter pages 24,25).

The above four methods were mentioned for appointing the caliph of Muslims. In the current situation, no one has been made leader through any of these methods.

Rather, continuing work under Shura follows the third method of leader appointment, where the leader is changed after some days through consultation with people of opinion.

The Prophet (peace be upon him) said in hadith that Allah’s help does not come when someone seeks leadership or even has desire and greed for it in their heart.

The Prophet (peace be upon him) said to Abdur Rahman bin Samura: O Abdur Rahman bin Samura! Do not seek leadership; because if it is given to you upon your request, you will be left to handle it yourself, and if it is given to you without your request, you will be helped with it.

One narration states that Abu Musa (may Allah be pleased with him) says that I and my two cousins came to the Prophet (peace be upon him). My cousins one after another asked the Prophet (peace be upon him) for authority (leadership). The Prophet (peace be upon him) swore and said that I do not make leader someone who asks for it or desires it in their heart.

One narration states that if you desire leadership, you will regret it on the Day of Judgment.

[Arabic quotes and citations of various hadith follow]

Now what are the conditions of the community in the current era – it is before you. So how will Allah’s help come?

Answer 3 – Is Maulana Saad correct despite Deoband Fatwa

Even after Darul Uloom Deoband’s writing, the respected person’s attitude did not change. Rather, some of the things for which he was shown to be on the path of misguidance were repeated again.

In my humble opinion, these matters cannot be dismissed by just calling them “wrong issues” because the consequences of these wrong issues are extremely dangerous and horrific.

Regarding the issue of camera phones, according to the respected person, “Those scholars who consider it permissible to pray with it in pocket are sleeping scholars (and he used even harsher words).”

Any scholar or mufti in the world who has received correct education and thought will give the ruling of permissibility of prayer. Now according to the respected person’s statement, all these scholars are sleeping scholars. This means no correct mufti or scholar remains in the world. Now those who have been influenced by the respected person’s this issue and statement will develop hatred in their hearts for all these scholars and muftis, and will also distance themselves from scholars.

The respected person’s “wrong interpretation of Prophet Musa’s incident and the matter of corrective relationship” will reduce the importance of spiritual centers in people’s hearts.

From the respected person’s statement that “there is no place for receiving guidance except the mosque,” the benefit of madrasas will diminish in people’s hearts.

The respected person’s statement that “taking payment for teaching religion is selling religion, fornicators will enter paradise before those who take payment for teaching Quran” is extremely dangerous. Not just a sensible scholar, even a sensible believer would not utter such sentences. What respect for scholars will remain in people’s hearts after this statement?

The result of every wrong statement of the respected person will only lead to diminishing other religious sectors and criticizing people of knowledge. Therefore, it cannot be called just a “wrong issue.”

Answer 4 – Is this a serious discord?

This disagreement brings nothing but discord and division in the community. Disagreement that leads people to abuse and fighting will be called a satanic tactic, not scholars’ disagreement.

Allama Shami (may Allah have mercy on him) says that not every disagreement of scholars is meant by “disagreement of my community is mercy” but rather the juristic disagreement of mujtahids is meant which provides ease for common people.

[Arabic quote from Radd al-Muhtar follows]

Answer 5 – Should I follow Saad or Shura?

From the above writing, it is completely clear that doing the work of Dawah and Tabligh according to the explained system of Shura will be beneficial for the community. The protection and benefit of the work lies in this alone. And Allah knows best and His knowledge is most complete and wise.

Written by:
Mufti Junaid bin Muhammad, may he be forgiven, Palanpuri,
Darul Ifta wal Irshad, Majlis al-Baraka (Colaba, Mumbai),
Dated: 28 Rabi al-Awwal 1438 Hijri (2016 December 28)

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