Politics, Peace and War: An Interesting Discussion with Sh. Bin Bayyah Sh. Bin Bayya is the reviver of Usūl al-Fiqh in this era. Ella Collins Institute received permission from the Sheikh to use his textbooks in our up and coming Imām training program (still a year away). Last time I met him with two suns, Sh. Hamza Yusuf and Dr. Muhamamd Majed. After we sat, Dr. Bin Bayyah asked the following: “In al-Qabas, Al-Qādi Abū Bakr mentions that the Qur’an gives three possibilities for a Muslim leader to choose from with non-Muslims that are at war with him: 1. Fight them until he has defeated them 2. Fight them until the pay jizyya 3. Accept peace through a treaty These choices address the reality of war, but they do not address situations when there is peace. For example, if Muslims (in Muslim lands) win elections and put Islamic parties to power what happens to people of other faiths?” We were silent. The sheikh responded, peace because it is the asl (reality at that time).” Deep Principles and the Objectives of Shari’ah This logic exists in an important principle of Shari’ah that invokes an original situation (istishāb and in this case peace and harmony) as its standard, when that situation is best in meeting the goals of shari’ah: 1. Preservation of faith 2. Preservation of education 3. Preservation of family 4. Preservation of wealth 5. Preservation of honor It rests on another principle (istihsān) that allows for the original situation to stay, to act as a ruling, when a ruler, government or party, must decide between it and other potential opinions, based on which one is best in achieving the objective of Shar’iah. In these cases, the sheikh noted, these people are citizens, and they should not be subjected to war or jizya because Islam’s goal, peace, already exists. “Enforcing one of the three (above) would create chaos.” This opinion relies on another important principle “al-Ahkām tajrī bi asbābihā (Rulings exist with their causes). It is sad to see some so anxious to bring war and bloodshed to places where peace has existed. If the focus and furry for peace were equal to that of war and bloodshed, the world would be a much better place. Suhaib Webb Founder and Instructor, Ella Collins Institute Resident Scholar, Islamic Society of Boston Cultural Center (ISBCC)
Posted on: Sat, 05 Jul 2014 20:49:42 +0000
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