Identifying Government Scholars and their Purpose
They are the body established by the rulers containing the top scholars of the country, made and sponsored by him, to justify the following:
1. His authority over the country and its people, even though he legislates against what Allaah Ta’ala has revealed, which is a clear open kufr, under the Islaamic Shari’ah. This nullifies his position as a leader of Muslims.
2. Cloaking him with qualities and titles, which deceive the Muslims and hinder them from fulfilling their obligations to Allaah Ta’ala, to keep the Shari’a intact.
3. Calling those who challenge his authority after he commits such crimes as khawaarij and disobedient to the amir of the Muslims, i.e. him.
4. Then they approve the killing and torture of those righteous Muslims who demand adherence to Allaah’s Law, whom they deceitfully defined as Khawaarij.
5. Although they might match Islaamic Law most of the time, in the particulars, their main function is to screen the leader from being harmed, challenged or ultimately removed.
Ruling Regarding Government (palace) Scholars
These government scholars are the greatest harm to Islaam and Muslims. This is with the stipulation that any such body of scholars in any country shouldn’t be judged for the label they carry, rather for their actions, i.e. their stance for Islaam and Muslims. Let us refer to what Allaah and His Rasool have said about them…
Collected by Imaam Ahmad in his Musnad and also reported in Saheeh at-Targheeb wat-Tarheeb hadeeth #2241, that Abu Hurayrah narrated Rasoolullaah sallallaahu alayhi wasalam said, “Whoever approaches the ruler’s gates becomes afflicted. Whenever a slave draws closer to the ruler, he only gains distance from Allaah.”
Collected by Ahmad, al-Bazzaar, and Ibn Hibbaan, also recorded in Saheeh at-Targheeb wat-Tarheeb, hadeeth #2243 stating Jaabir Ibn ‘Abdullaah narrated that Rasoolullaah sallallaahu alayhi wasalam said to Ka’b Ibn ‘Ujrah, “O Ka’b Ibn ‘Ujrah, I seek Allaah’s protection for you from the leadership of fools. There shall be rulers, whoever enters upon them, then aids them in their oppression and validates their lies, then he is not from me nor I from him, and he shall not be admitted to the Hawd. Whoever does not enter upon them, and does not aid them in their oppression, nor validates their lies, then he is from me and I from him, and he shall be admitted to the Hawd.”
Recorded in Musnad Ahmad hadeeth # 20335 that Abu Dhar said, “I was in the presence of the Prophet one day and I heard him saying, ‘There is something more I fear for my Ummah than the Dajjaal.’ It was then that I became afraid, so I said, ‘O Rasoolullaah! Which thing is it that you fear for your Ummah more than the Dajjaal?’ He [the Prophet] said, ‘Misguided and astray scholars.’
It is related by Shidaad ibn Aws that the Prophet sAllaahu alayhi wasalam said, “Truly, I do not fear anything for my Ummah except astray scholars. Thus when the sword is raised against my Ummah, it will not be lifted until the Day of Judgment.” [Musnad of Ahmad, ahaadeeth # 16493, 21360, 31359, 20334 and ad-Daarimi, ahaadeeth # 211 and 216 and all of these collections are classed as authentic.]
Imaam Abu Abdullaah al-Qurtubi stated in ‘Jaami’ ul Ahkaam ul Fiqhiyyah’ Vol. 2, Pg. 227: “The ‘Ulama have said, ‘One who is an Imaam for an oppressive ruler, prayer is not to be made behind him unless he reveals his excuse or reason why (he is an imaam for the oppressive ruler) or he repents from it.”
Imaam ibn Taymiya stated in Majmu’a Fataawa vol 35. Page 373:
“Whenever the ‘aalim follows the hukm of the ruler, and leaves off his knowledge, in contradiction to the book of Allaah and the Sunnah of His Messenger, he is a kaafir (an unbeliever) and a murtadd (an apostate), who deserves to be punished in this life and the hereafter. This rule can also be applied with regard to the group of scholars who jumped and joined the Mongols due to fear of them and that they wanted to take benefit from them. These scholars made the excuse that some of the Mongols were speaking the Shahaada and that they were Muslims. Allaah has said,
‘Alif Laam Mim Saad. A Book sent down to you, so do not have any worry in your breast from it, so that you may warn and be a reminder to the believers. Follow what has been sent down to you from your Lord and do not follow protectors and helpers besides Him. Little is it that you remember!’ [Surat al-A’raaf, ayaat 1-3]
“And even if this ‘aalim is captured, put behind bars and tortured to leave what Allaah has taught him from His Book, he should be patient with that. If he leaves all that and follows the ruler, then he is one of the people that are supposed to be doomed by Allaah Ta’ala. He should be patient even if he is harmed in the cause of Allaah Ta’ala. This is the Sunnah that Allaah Ta’ala has wanted and accepted from the Prophets and from the people who follow the Prophets. Allaah says,
‘Alif Laam Mim. Do people think that they will be left alone because they say, ‘We believe,’ and will not be tested? And We indeed tested those who were before them. Allaah will certainly make it known those who are true and will certainly make it known those who are liars. And He will make it known who the liars are.’ [Surat al-‘Ankabut, ayaat 1-3]
COMMENT: Replace the Mongols and the scholars of the past with our current regimes and scholars that rule over Muslim lands (Saudi Arabia, Pakistan, Egypt, Syria, Algeria etc.)