Questions:

In one of the sessions about what is going on in the Internet from conversations, it was stated that the online world is a virtual world, hence one is not to be punished for his words in it. It was also stated that there is even nothing wrong with talk between men and women, no matter what was said, because it does not amount to mixing... Is this true? Please clarify this matter and BarakAllahu feekum.

By: Abdullah Abdulrahman

Assalaamu Alaikum wa Rahmatullah

"Question about the rule on chatting of the opposite sexes on Facebook or via e-mail"
Often the youth of our time are confronted with this issue, especially teenagers. Therefore we have to inquire about the issue, so our young people do not fall into sin, and to preserve our society from a matter that constitutes a sin, perhaps even a great one.

By: Abu al-Qasim

Answer:

Wa Alaikum Assalaam wa Rahmatullahi wa Barakatahu

Your questions are similar, and we happened to have answered a similar question, therefore I repeat it for you:

There are people who like to philosophize, for example they focus on the question: Does communication on Facebook constitute mixing?

As if only mixing amounted to Haram, and there is nothing wrong with other than mixing!

The above focuses on the viewpoint that it is a virtual world, as if it were only a mental illusion that could imagine anything!!

Some of them are ignorant of some of the issues affecting the Hukm Shar'i (legal judgment) on communication on Facebook. They think as long as there is no mixing, there is nothing wrong with it or something like that, which appears to them either through ignorance or confusion.
The matter is not so, but the speech made in a letter from one person to another, if its occurrence from its owner and the arrival at the addressee are proven, then it takes the ruling of direct discourse from one person to another.

There is no difference between a letter being written by hand or with the help of a machine.
Also there is no difference between the letter being carried to the addressee by another person, or it being transferred to him via the Internet or Facebook or any other means. Rather it is important to prove its occurrence from the owner, and to prove its arrival at the addressee. The analysis of the reality before legal judgment (Tahqiq al-Manat) will result in one of the two alternatives.

Therefore the provision pertaining to a letter is one and man is responsible for it, because it is one of his actions, and the Prophet (saw) says: «إِنَّ اللَّهَ تَجَاوَزَ عَنْ أُمَّتِي مَا حَدَّثَتْ بِهِ أَنْفُسَهَا، مَا لَمْ تَعْمَلْ أَوْ تَتَكَلَّمْ» "Allah transcends over my Ummah what they say to themselves, what they do not do or say." [Reported by al-Bukhari and Muslim from Abu Hurayrah (ra) in the transmission of al-Bukhari]

Furthermore it is narrated from the Messenger of Allah (saw) that he sent written messages to the kings and rulers to notify them of Islam, which proves that the notification via letter -and this constitutes a Hukm Shar'I - is the same as a notification in direct discourse.

Al-Bukhari reported: "Ibn Abbas said: "I was told by Abu Sufyan Ibn Harb that he was in ash-Sham among the men of Quraish who offered trade in the period which was between the Messenger of Allah (saw) and between the Kuffar of Quraish. Abu Sufyan said: "We found the messenger of Caesar in ash-Sham... then he said: "Then Caesar called for the message from the Messenger of Allah (saw), it was read out, containing:«بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ، مِنْ مُحَمَّدٍ عَبْدِ اللَّهِ وَرَسُولِهِ، إِلَى هِرَقْلَ عَظِيمِ الرُّومِ، سَلاَمٌ عَلَى مَنِ اتَّبَعَ الهُدَى، أَمَّا بَعْدُ: فَإِنِّي أَدْعُوكَ بِدِعَايَةِ الإِسْلاَمِ، أَسْلِمْ تَسْلَمْ، وَأَسْلِمْ يُؤْتِكَ اللَّهُ أَجْرَكَ مَرَّتَيْنِ، فَإِنْ تَوَلَّيْتَ، فَعَلَيْكَ إِثْمُ الأَرِيسِيِّينَ وَ: ((يَا أَهْلَ الكِتَابِ تَعَالَوْا إِلَى كَلِمَةٍ سَوَاءٍ بَيْنَنَا وَبَيْنَكُمْ، أَلَّا نَعْبُدَ إِلَّا اللَّهَ وَلاَ نُشْرِكَ بِهِ شَيْئًا، وَلاَ يَتَّخِذَ بَعْضُنَا بَعْضًا أَرْبَابًا مِنْ دُونِ اللَّهِ، فَإِنْ تَوَلَّوْا، فَقُولُوا اشْهَدُوا بِأَنَّا مُسْلِمُونَ))...» "In the name of Allah the Merciful, from Muhammad, the servant of Allah and His Messenger, to Heracles, the leader of the Romans, peace upon those who follow guidance, further: I invite you with the call of Islam: Convert to Islam and find peace (Aslim Taslam). For if you convert, Allah will reward you twice, but if you turn away, then you will carry the sin of the Arissiyyun and: "Oh People of the Scripture, come to a word that is equitable between us and you - that we will not worship except Allah and not associate anything with Him and not take one another as lords instead of Allah." But if they turn away, then say, "Bear witness that we are Muslims [submitting to Him]." [Ali-Imran: 64]...

Accordingly, the answer to the aforementioned question is as follows:

1. The correspondence, whether by regular mail or via Internet or on Facebook or Twitter...the ruling is a single one, it does not differ from the speech face to face. It cannot be said: "This is a virtual world and that is the real world". Rather this means sinking into ignorance and sin. If you say forbidden words to a strange woman face to face, then you are punishable by the Shari'a, and it is the same with correspondence. Therefore after the establishment of the proof of the occurrence of such a correspondence, the punishment is sought, just as if the words were said face to face.

Thus, as it is prohibited to talk to a strange woman without a need approved of in the Shari'a, it is the very same with correspondence. What is allowed in this context face to face is allowed in correspondence and what is prohibited face to face is prohibited in correspondence.

2. Unnecessary mixing is prohibited by the Shari'a, but not only mixing is haram. If you called a woman far away from you with bad words, then this is Haram, even if she is not beside you. If you sell an item to a woman in the market, looking at her with pleasure, then this is Haram, even though mixing for the sake of trade in the market is permissible. If you rode a public means of transport and spoke lewd words to a woman far away from you, even if she were not sitting next to you, then this is Haram.
Similarly, whatever you write in a correspondence, you are just as responsible for it as if you had said it face to face.

3. We call on every Muslim and Muslimah, especially the Shabab and Shabbat from the carriers of this pious, pure Da'wah, who carried it and continue to carry it amid waves reaching us head-on and from behind us, from our right and on our left, such that there is no shelter except Allah Almighty: We invite them to abide by the provisions of the Shari'a with a strong commitment. Do not only to stay away from the Haram, but even from some permissible things out of fear from the Haram that is close to it. The Sahaba stayed away from several permissible things out of fear of falling into Haram.

4. We also emphasize to every Muslim and Muslimah, especially to the Shabab and the Shabbat from the Da'wah carriers, to work diligently and with seriousness on the productive use of these modern means for the propagation of Islam in an effective way. At the same time stay wise and conscious, far away not only from all unclean ashes, but even from the dust of unclean ashes.
I ask Allah Almighty that we remain pious and pure, so that we find success in this world and the hereafter, and glad tidings to the believers.

Your Brother,
Ata Bin Khalil Abu Al-Rashtah

Link to the answer from the Ameer's Facebook page

Over the last few days the Indonesian media including Kompas, reported the plans of 3 million laborers from hundreds of thousands of companies in 40 industrial estates in Indonesia, to engage in a national strike from 28th October to 1st November 2013 due to the government's failure to meet their demands for basic employment rights.

Question:

Assalamu Alaikum wa Rahmat Allahu wa Barakatu

Our beloved Ameer, may Allah (swt) open the doors to Jannah and victory for you, Insha'Allah.

I was very hesitant to send you this letter, knowing how busy you are and your responsibilities and the amount of requests that you receive, so I did not want to increase the burden, but the want to address you overcame me, so excuse a mind that was overpowered by longing.

Our dear Ameer, I was confused about an issue, so I found it an excuse to address you. The following text is mentioned in the booklet "Al-Khilafah "Caliphate"": "If the Khilafah "Caliphate" was contracted to two Khulafaa' in two countries at the same time, it would not be valid for either of them, because the Muslims are not allowed to have two Khulafaa'. It is not correct to say that the Bay'ah is valid to the one that had it first because the matter is to establish a Khaleefah, not to turn it into a race, and also because it is the right of all the Muslims, not the right of the Khaleefah, so the matter must go back again to the Muslims to establish one Khaleefah in case of establishing two Khulafaa'. It is incorrect to suggest a ballot between them because the Khilafah "Caliphate" is a contract, and the ballot is not included in the contract."

So I understood that it is incorrect to cast lots in contracts, and when I checked the law of our electoral college, in the nineteenth article there is the following text: "And if two candidates have equal numbers of votes and the required number lacks one the lots are cast between them." So what is the difference between the two situations, and is our election of the electoral college not a contract? I apologize for the length, may Allah (swt) grant you victory and facilitate you and carry out victory on your hands, and by Allah I love you for Allah's sake, may Allah guide you.

Answer:

Wa Alaikum Assalam wa Rahmat Allahu wa Barakatu,

Governance is different from management, because governance requires a text alluding to it, whereas the issue of management falls under the Mubaah (permissibility) unless there is a text alluding to a certain action of management.

As for the election of the Khaleefah, Islam obligates that there be one Khaleefah for the Muslims, and he is the recipient of the first valid Bay'ah, and if another Khaleefah follows and challenges him then he is killed. The Messenger (saw) says: «إِذَا بُويِعَ لِخَلِيفَتَيْنِ، فَاقْتُلُوا الْآخَرَ مِنْهُمَا» "If two Khulafaa' were pledged allegiance, then kill the latter of them"

Narrated by Muslim on the authority of Abu Sayeed al-Khudri. And the Messenger (saw) says: «... وَإِنَّهُ لاَ نَبِيَّ بَعْدِي، وَسَيَكُونُ خُلَفَاءُ فَيَكْثُرُونَ» "... and there is no Prophet after me. There will be Khulafaa' and they will number many"

They said: What do you tell us to do? He said: «فُوا بِبَيْعَةِ الأَوَّلِ فَالأَوَّلِ... » "Fulfill the Bay'ah to them one after the other"

Meaning that the one who takes command and is given a valid Bay'ah before anyone else is the recipient of the Bay'ah that must be fulfilled, and the second Bay'ah is invalid and it is absolutely prohibited to fulfill it. Therefore, it is a matter of determining who was given a valid Bay'ah first, and he will be the valid Khaleefah, and the other one challenging him is unacceptable.

So if the Bay'ah was given to two Khaleefahs at the same time, then there is not a Khaleefah who was given the Bay'ah first. This ruling - that the first Khaleefah be given Bay'ah - must be established, and this does not happen in the casting of lots because the casting of lots is not a Bay'ah, so it is necessary to repeat the election.

As for management issues, they are arranged by the person with authority, because they fall under Mubaah. In the case that there is a text specifically about the matter, then it is followed. So, for departments to open at eight in the morning or nine in the morning does not require a text, and for traffic to be regulated so traffic passes through one street and does not pass through another, this does not require text, instead it is regulated by the person with authority. And for members of the State Council (Majlis Wilayah) to be elected or appointed does not require a text, and it is instead regulated by the person with authority, and for their number to be 5 or 6 or 10, this does not require a text, and is regulated by the person with authority, and if two candidates had equal votes for a management position and only one person was needed, so lots were cast between them, then this is regulated by the person with authority.

And in conclusion, governance and management are different in their evidences, the first requires text about it, and the second falls under Mubaah unless there is a text concerning it.

Your brother,
Ata Bin Khalil Abu Al-Rashtah

The link to the answer from the Ameer's Facebook page: