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Monday, November 23, 2009

Should he turn to the human rights organizations to get his rights?

What is the ruling on turning to international human rights organizations if a Muslim hopes that his rights will be restored to him? What is the ruling on turning to the human rights organization in Saudi Arabia?.
Praise be to Allaah.

Firstly:

We have previously explained in the answer to question no. 97827 some of what is hidden behind the attractive principles of these international organizations which have evil aims that go against the laws of Allaah. In the light of that, it is not permissible for the Muslims to get involved with these organizations by establishing them, helping them or supporting them, and it is not permissible for a Muslim to be a member of such an organization.

Based on this, it is not permissible for the Muslim who can find a shar’i way to restore his rights to refer the matter to these organizations, because they are based on principles that are opposed to religion and morals. Referring to them for judgement when there are ways to refer to Islamic resources constitutes kufr or disbelief in Allaah, may He be exalted. It may be kufr that puts one beyond the pale of Islam or it may be a lesser form of kufr, depending on the individual’s beliefs and circumstances, as we shall see below.

Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) said:

One of the worst of evil deeds is referring for judgement to something other than the sharee’ah of Allaah, namely man-made laws and human-made systems, the customs of one’s ancestors and forefathers, and the verdicts of soothsayers, magicians and astrologers, which many people do nowadays and approve of instead of the sharee’ah of Allaah with which He sent His Messenger Muhammad (peace and blessings of Allaah be upon him). Undoubtedly this is the worst type of hypocrisy and among the greatest signs of kufr, wrongdoing and evil, and it is the rulings of the Jaahiliyyah, which the Qur’aan annulled and which the Messenger of Allaah (peace and blessings of Allaah be upon him) warned against.

Allaah says (interpretation of the meaning):

“Have you not seen those (hypocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement (in their disputes) to the Taaghoot (false judges) while they have been ordered to reject them. But Shaytaan (Satan) wishes to lead them far astray.

61. And when it is said to them: ‘Come to what Allaah has sent down and to the Messenger (Muhammad صلى الله عليه وسلم),’ you (Muhammad صلى الله عليه وسلم) see the hypocrites turn away from you (Muhammad صلى الله عليه وسلم) with aversion”

[al-Nisa’ 4:60, 61]

“ And so judge (you O Muhammad صلى الله عليه وسلم) among them by what Allaah has revealed and follow not their vain desires, but beware of them lest they turn you (O Muhammad صلى الله عليه وسلم) far away from some of that which Allaah has sent down to you. And if they turn away, then know that Allaah’s Will is to punish them for some sins of theirs. And truly, most of men are Faasiqoon (rebellious and disobedient to Allaah).

50. Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allaah for a people who have firm Faith”

[al-Maa’idah 5:49, 50]

“And whosoever does not judge by what Allaah has revealed, such are the Kaafiroon (i.e. disbelievers — of a lesser degree as they do not act on Allaah’s Laws)”

[al-Maa’idah 5:44]

“And whosoever does not judge by that which Allaah has revealed, such are the Zaalimoon (polytheists and wrongdoers — of a lesser degree)”

[al-Maa’idah 5:45]

“And whosoever does not judge by what Allaah has revealed (then) such (people) are the Faasiqoon [the rebellious i.e. disobedient (of a lesser degree)] to Allaah”

[al-Maa'idah 5:47]

This is a stern warning from Allaah to all people against turning away from His Book and the Sunnah of His Messenger (peace and blessings of Allaah be upon him), and referring for judgement to anything else. It is a clear ruling from the Lord against judging by anything other than His sharee’ah, that such a one is a kaafir, a wrongdoer and a rebellious evildoer, whose attitude is that of the hypocrites and people of Jaahiliyyah. So beware, O Muslims, of that which Allaah has warned against, and refer to His laws for judgement in all things. Beware of that which goes against them, and advise one another concerning that. Regard as a enemy the one who turns away from the sharee’ah of Allaah or belittles it or makes fun of it, and who facilitates turning to anything else for judgement, so that you may earn the honour of Allaah and be safe from the punishment of Allaah, and thus you will have done what Allaah has enjoined upon you of taking His close friends as friends, who refer to His sharee’ah for judgement and who are pleased with His Book and the Sunnah of His Prophet (peace and blessings of Allaah be upon him), and taking as enemies His enemies who turn away from His Book and the Sunnah of His Prophet (peace and blessings of Allaah be upon him).

Fataawa al-Shaykh Muhammad ibn Ibraaheem (12/259-260).

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked:

What is your opinion about Muslims who refer for judgement to man-made laws, when the Qur’aan and Sunnah are among them?

He replied:

My opinion concerning this type of people who call themselves Muslims although they refer for judgement to something other than that which Allaah has revealed and think that the laws of Allaah are not sufficient and are not fit for ruling in this era, is that which Allaah said concerning them, as He says (interpretation of the meaning):

“But no, by your Lord, they can have no Faith, until they make you (O Muhammad صلى الله عليه وسلم) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission”

[al-Nisa’ 4:65]

“And whosoever does not judge by what Allaah has revealed, such are the Kaafiroon (i.e. disbelievers — of a lesser degree as they do not act on Allaah’s Laws)”

[al-Maa’idah 5:44]

“And whosoever does not judge by that which Allaah has revealed, such are the Zaalimoon (polytheists and wrongdoers — of a lesser degree)”

[al-Maa’idah 5:45]

“And whosoever does not judge by what Allaah has revealed (then) such (people) are the Faasiqoon [the rebellious i.e. disobedient (of a lesser degree)] to Allaah”

[al-Maa'idah 5:47]

So those who refer for judgement to something other than the laws of Allaah, and think that this is permissible for them, or that it is better than referring for judgement to the laws of Allaah, undoubtedly go beyond the pale of Islam because of that, and they are kaafirs, wrongdoers and rebellious evildoers, as it says in the verses quoted above and elsewhere, and Allaah says (interpretation of the meaning):

“Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allaah for a people who have firm Faith”

[al-Maa’idah 5:50]

Fataawa al-Shaykh Ibn Baaz (1/271).

See also the answer to question no. 11233, which discusses the ruling on referring to the International Court of Human Rights.

And see the answer to question no. 84073 which discusses the ruling on referring for judgement to tribal customs and traditions.

If the Muslim cannot find any way to attain his rights by permissible means, and things are too difficult for him, then he can turn to these organizations and refer to them for judgement, if his case is legitimate and he cannot get his rights by permissible means. This is a case of necessity, and the basic shar’i principle is that cases of necessity make forbidden things permissible.

Fourthly:

With regard to the human rights organizations in Saudi Arabia, there are two organizations, as far as we know.

1 – al-Jama’iyyah al-Wataniyyah li Huqooq al-Insaan (National Human Rights Group)

2 – Hay’at Huqooq al-Insaan (Human Rights Organization)

There is nothing wrong with referring your case and your complaint to them, because they are organizations that are not based on the systems, laws and principles of the international human rights organizations, rather they differ from them in many ways, and those groups have criticized these two groups and the state with regard to many issues.

The aims of the National Human Rights Group – according to their website – include the following:

- Working to protect human rights according to the system of laws that is based on the Qur’aan and Sunnah, and according to local legislation, and the declarations and covenants on human rights proclaimed by the Arab League, the Organization of the Islamic Conference, the United Nations and its agencies and specialized committees, in that which does not go against Islamic sharee’ah.

- Cooperating with international organizations in this field.

- Taking a stand against oppression, repression, violence, torture and intolerance.

End quote.

http://www.nshrsa.org/index.php?LID=1

The words “in that which does not go against Islamic sharee’ah” are a source of pride, and clearly show that there is nothing wrong with referring to them for help with regard to the wrong that has been done to you.

Something similar may be said about the Human Rights Organization, whose founding statement says that it aims to protect and support human rights and spread awareness about them, and reinforce these principles, in the light of the rulings of Islamic sharee’ah. Stated by its president in an interview with him in al-Riyaadh newspaper, 8 Jumaada al-Oola 1427 AH/ 5 June 2006, issue no. 10051.

And Allaah knows best.


Islam Q&A



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