Questions asked to Shaykh Sa'd bin Naasir bin
Abdul-Azeez ash-Shithree [May Allaah Preserve him]
Former Member of the Committee of Senior Scholars
Asked in his Masjid after Salaat al-‘Asr
8/11/1434 – 13/9/2013
Question 1: There is a brother whose wife
apostate from al-Islaam, so who deserves the custody of the children?
Answer:
This is an issue for the courts so he should return the affairs back to the
courts. This is because this is an issue in which a Fatwaa will not rectify
their matters.
Questioner: But in origin who deserves the
children because she isn’t a Muslim…
Shaykh Sa’d: She wants the children and he wants
the children?
Answer: Yes, Oh Shaykh.
Shaykh Sa’d: Then they must go back to the
courts.
Question 2: A man has information that someone
wants to kill him, so is it permissible for this man to kill the wannabe
murdered before he is murdered?
Answer: This question needs to be asked to a
senior scholar.
Question 3: Is the UK Daar al-Harb (a land of
war), Daar al-Kufr (a land of the non-Muslims) or Daar al-‘Ahd (a land where
the Muslims have a treaty with the non-Muslims)?
Answer: Daar al-‘Ahd.
Question 4: Is it permissible to establish
capital punishment in Daar al-‘Ahd?
Answer: No, this is not permissible as capital
punishment is only established by the rulers or those appointed by the rulers,
the UK doesn’t have a Muslim ruler nor does it have someone appointed there by
a ruler.
Question 5: Specifically connected to the
apostate, have some of the scholars allowed the establishment of capital
punishment on the apostate, regardless of the land?
Answer: No, this is not permissible and must be
established by the ruler. Some of the scholars have stated that it is
permissible during war but this also is in the situation of there being a
ruler.
Question 6: We hear some people criticising
Saudis in a general sense, as in all of them are blamed to be lazy or being
unintelligent or lacking in manners. They look down on them as if they are
superior in these characteristics. What is the ruling on this all?
Answer: This doesn’t leave one of two scenarios.
Either they are falling into Gheebah (backbiting if it is true) or Buhtaan
(slander if is not true) and both are major sins.
Answer (on another occasion whilst travelling
with the Shaykh he answered): If Allaah wants good for a nation, sometimes he
brings about such people to elevate the status of those whom they are
backbiting.
Question 7: What is the ruling on teachers, or anyone
else for that matter, mocking low grades that students (connected to the previous
question, students who are Saudis) receive or mocking the wrong answers that
students may give during their exams?
Answer: This is not permissible.
“O you who believe! Let not a group scoff at another group, it may
be that the latter are better than the former; nor let (some) women scoff at
other women, it may be that the latter are better than the former, nor defame
one another, nor insult one another by nicknames. How bad is it, to insult
one's brother after having Faith [i.e. to call your Muslim brother (a faithful
believer) as: "O sinner", or "O wicked", etc.]. And
whosoever does not repent, then such are indeed Zalimun (wrong-doers, etc.).” [al-Hujaraat
49:11]
Question 8: Is it permissible to openly speak
against those who are in charge of the affairs of the Muslims, such as the
government or management in the workplace?
Answer: If someone sees a mistake in those in
authority then they must speak to those who are responsible for dealing with complaints
or those who are able to bring about change.
Questioner: So he shouldn’t talk about them with
the general folk?
Answer: He should not talk about them in front
of the general folk; this will only bring about hatred and resentment. There is
no benefit in this.
Question 9: Is it better for not to call
ourselves Salafee in the west because the extremist and even some of the
Soofees are now adopting the same name?
Answer: What is obligatory is to explain to the
people what it means to be a Salafee and that those Soofees and Khwaarij are
not truly Salafees. As for refraining calling ourselves Salafee because of them
then this is not appropriate, because someone then may say ‘I will not call
myself a Muslim because of the despicable acts of other Muslims’. Therefore, one should leave off the name.
Answer (on another occasion whilst travelling
with the Shaykh he answered): If a British citizen commits an act of terrorism
in the name of Britain, then would the British stop calling themselves British?
No! Rather they would condemn the acts and explain their stance.
Question 10: Was Qiyaas a point of consensus at
the time of the Companions [May Allaah be Pleased with them all], so as a
result, the view of Dawood adh-Dhaahiree being Bid’ah?
Answer: What is the point of this question?
Questioner: To refute the stance of Dawood (which
is that Qiyaas is not accepted and that rejecting Qiyaas was not narrated by
any of the Salaf before him).
Shaykh Sa’d: What does this question lead to? If
we answer, do you want us to say that Dawood was an innovator?
Questioner: No, oh shaykh, but to have proof
that the view of Dawood of rejecting Qiyaas is rejected.
Shaykh Sa’d: There is no benefit in this
question.
Question 11: You mentioned in an interview that
you paid a lot of attention to reading and studying from Saheeh al-Bukhaaree
from a very young age. So what do you recommend for our children?
Answer: Try and combine studying from the
smaller treatises and then the bigger books. Perhaps starting off with the abridgment
of the bigger books, such as the likes of Nawawee’s forty Hadeeth and ‘Umdah
al-Ahkaam, and then moving on to the bigger books.
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