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Wednesday, July 12, 2017

Chapter: Enjoining the Good and Changing the Munkar


It is narrated on the authority of Tariq b. Shihab:
It was Marwan who initiated (the practice) of delivering khutbah (address) before the prayer on the 'Id day. A man stood up and said: Prayer should precede khutbah. He (Marwan) remarked, This (practice) has been done away with. Upon this Abu Sa'id remarked: This man has performed (his duty) laid on him. I heard the Messenger of Allah as saying: He who amongst you sees something abominable should modify it with the help of his hand; and if he has not strength enough to do it, then he should do it with his tongue, and if he has not strength enough to do it, (even) then he should (abhor it) from his heart, and that is the least of faith.

Explanation
-The first to pray after the Khutbah were Banu Umayyah, some Umar, others Uthman but it's confirmed that the Khulphaa prayed before the Khutbah for Eid.
The correct view is the first one.
-It's Mustahab to enjoin and forbid even if he fears harm, it reduces its classification from Wajib
-The Daleel for it being Wajib al-Kifaayah is "Then change it…" unless if it's under one's authority
-It's not a condition that one enjoins or forbids be a scholar, rather he does it to his level of knowledge. 
-Enjoining and forbidding is only after one has knowledge, unless it be on something which is common knowledge
-Permission of the ruler is not needed to advise and speak but one must have authority in "changing by the hand."
-If a person follows a valid Ijtihaad then there can be no Inkaar of that except to advise.
-If a person follows an official Madhab of the ruler, then some said he must continue to follow it but Maarwardi said one is not bound to follow the opinion of the ruler, but only if the person is able to make Ijtihaad - as the Companions used to differ with one another, this is correct view.
-The Mufti can't force a person to follow his Fatwa or make Inkaar of those who reject unless it be something which is clear in the Kitaab, Sunnah, Ijma or Qiyas Jalee.
-Enjoining and forbidding is for the ruler and they must consult the scholars, as stated by Imam al-Haramayn. 
-It's not permitted to spy in the name of enjoining and forbidding, as stated Imam al-Haramayn and Maawardi.
-Maawardi stated that it's permitted to spy if you have certain knowledge that a person is going to do a crime.
-Maawardi also stated that if a person has suspicion but no evidence then they are not allowed to spy or raid people's houses.   


And Allah Knows best

[Sharh Saheeh Muslim 2/27-36]

Hadith source: https://sunnah.com/muslim/1 


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