Fatwa ID: 07410
Answered by: Alimah Saleha Bukhari Islam
Question:
Assalamualaikum, I had questions regarding the ongoing protests in Bangladesh. It started with a peaceful protest against an unjust quota system for jobs. I was wondering if that itself is allowed due to the hadith:
“You will see after me severe preferential treatment (to those less deserving than you), so be patient until you meet Allah and you meet His Messenger at the drinking lake (Al-Hawd).” So they responded, “We shall be patient.”
Furthermore, even though peaceful, the government employed goons and police to shoot and beat the students resulting in 100s of deaths of students, civilians, and children. Was it allowed to fight back against those goons and is it allowed to fight the police or obey?
A curfew was then established which is ongoing.
After the shootings and internet blackout, there were mass forced arrests of people without evidence; should we have stayed patient then due to the hadith: “Listen to the ruler and obey him when it is hard for you and when it is easy for you, whether you are pleased or displeased, and when others are given preference over you, and even when they consume your wealth and beat your back.”
Regardless, this lead to more mass protests which did not lead to deaths except from yesterday when shooting was again employed. Many people came to protests with sticks to defend and fought the goons, and lead to deaths, of police and others as well as arson. This has even lead to divisions within the army.
My question is, are we allowed to join the protests, given they do not attack, rather counter when attacked by the goons? And what should be our stance towards it.
Local scholars cannot openly speak due to fear of being arrested, but they said we should support the movement, but they didn’t condone the violence or such. With many people calling for a change in the government, what should we do in light of the ayah:
And if two groups of believers fight each other, then make peace between them. But if one of them transgresses against the other, then fight against the transgressing group until they ˹are willing to˺ submit to the rule of Allah.
If they do so, then make peace between both ˹groups˺ in all fairness and act justly. Surely Allah loves those who uphold justice.
It should be noted, we didn’t vote this government, rather they rigged elections and are an oppressive autocracy. So, I also want to know if they count as a Muslim ruler, and what includes open kufr which allows a rising up? as she has killed many people and even killed many pious Muslims in 2014 for protesting for an Islamic curriculum.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
In Bangladesh, Islam plays a significant role in society and culture, religious scholars (ulama) often provide guidance on how Islamic principles should be interpreted and applied in governance and politics. However, there are no universal “Islamic rulings” that apply uniformly across all situations or regions. While Bangladesh is a Muslim-majority country of 80%, it is constitutionally a secular state with a pluralistic society. Islamic viewpoints may vary, but generally, there is a recognition of the need to respect and accommodate religious diversity within the framework of Islamic ethics and the national constitution.
In many Muslim communities, including in Bangladesh, religious scholars have a significant influence on public opinion and can sway political directions through fatwas (religious edicts) or public advisories. Their interpretations of Islamic law can impact various aspects of governance and public policy. For example, certain aspects of personal law (such as marriage, divorce, and inheritance) are governed by Islamic law for Muslims. However, the broader legal framework is a mixture of secular law and religious law, and the extent to which Islamic principles directly influence political decisions can vary.
When discussing Islamic rulings on political affairs in Bangladesh, it’s important to recognise the diversity within Islamic thought, the socio-political context of Bangladesh, and the interplay between religious teachings and secular law. This complex relationship shapes how Islam influences politics in the country.
Sheikh Hasina has been the Prime Minister of Bangladesh since 2009, leading the Awami League party. Her government has faced criticism for becoming increasingly authoritarian and suppressing opposition. Furthermore, student protests have occurred periodically in Bangladesh, with major movements in 2018 and 2023. The protests have focused on issues like road safety, education reform, and political rights.
There are several alleged human rights violations by Sheikh Hasina’s government in response to protests and dealing with opposition:
1. Excessive use of force against protesters, resulting in the death of demonstrators due to police violence.
2. Subjective arrests and detention of students, activists, and opposition figures.
3. Restrictions on freedom of assembly and association.
4. Crackdowns on press freedom, with journalists facing harassment and arrest.
5. Use of digital security laws to silence critics online.
6. Allegations of enforced disappearances and extra judicial killings of opposition members and activists.
7. Limits on academic freedom and autonomy of universities.
8. Harassment and intimidation of human rights defenders and civil society organizations.
International human rights organisations such as Amnesty International and Human Rights Watch have expressed concern over these issues. The government has defended its actions as a necessary means for maintaining law and order and combating extremism.
The hadith which you have cited mentions open Kufr (disbelief), this could manifest with being commanded to do something disobedient, in which case there is no listening and no obedience to this authority. Generally, a Muslim must listen and obey in what he likes and dislikes when undertaking a covenant with a country, except if he/she is commanded to do something disobedient and contradictory to his/her faith, then there is no listening and no obedience to the authority. 1
Narrated Junada bin Abi Umaiya:
We entered upon ‘Ubada bin As-Samit while he was sick. We said, “May Allah make you healthy. Will you tell us a Hadith you heard from the Prophet (ﷺ) and by which Allah may make you benefit?” He said, “The Prophet (ﷺ) called us and we gave him the Pledge of allegiance for Islam, and among the conditions on which he took the Pledge from us, was that we were to listen and obey (the orders) both at the time when we were active and at the time when we were tired, and at our difficult time and at our ease and to be obedient to the ruler and give him his right even if he did not give us our right, and not to fight against him unless we noticed him having open Kufr (disbelief) for which we would have a proof with us from Allah.” 2 [Sahih al-Bukhari: 7055/7056]
The latest student-led mass protests began over a quota system which was said to be disproportionately allocating government jobs to the descendants of freedom fighters from the 1971 independence war. The government’s harsh crackdown on protests has led to hundreds of deaths, which continued despite the supreme court overturning the quota law. The demonstrations escalated despite the scheme having been scaled back by Bangladesh’s top court.
The complex relationship transgressed boundaries and led to human rights violations listed above and furthermore the government actions were in opposition to Islam. Al-Muwalat al-Muqayyadah is a principle of restricted loyalties under such conditions which represent two margins of imposed limitations on preventing loyalties or friendships between Muslims and disbelievers under two circumstances. The first condition is when disbelievers are at war with Muslims then allegiance with them becomes impermissible in this scenario. The second condition is when there is alliance or friendship with disbelievers who are in opposition against Muslims then assisting them against Muslims becomes impermissible. 3
1 وعن ابن عمر مرفوعا: “على المرء المسلم السمع والطاعة فيما أحب وكره إلا أن يؤمر بمعصية فإن أمر بمعصية فلا سمع ولا طاعة” أخرجاه (٣).
ص76 – كتاب فتاوى الأئمة في النوازل المدلهمة – بيان العلماء سعد بن عتيق محمد بن إبراهيم عمر بن سليم محمد بن عبد اللطيف عبد الله العنقري رحمهم الله – المكتبة الشاملة
2 عَنْ جُنَادَةَ بْنِ أَبِي أُمَيَّةَ، قَالَ دَخَلْنَا عَلَى عُبَادَةَ بْنِ الصَّامِتِ وَهْوَ مَرِيضٌ قُلْنَا أَصْلَحَكَ اللَّهُ حَدِّثْ بِحَدِيثٍ، يَنْفَعُكَ اللَّهُ بِهِ سَمِعْتَهُ مِنَ النَّبِيِّ، صلى الله عليه وسلم. قَالَ دَعَانَا النَّبِيُّ صلى الله عليه وسلم فَبَايَعْنَاهُ فَقَالَ فِيمَا أَخَذَ عَلَيْنَا أَنْ بَايَعَنَا عَلَى السَّمْعِ وَالطَّاعَةِ، فِي مَنْشَطِنَا وَمَكْرَهِنَا، وَعُسْرِنَا، وَيُسْرِنَا، وَأَثَرَةٍ عَلَيْنَا، وَأَنْ لاَ نُنَازِعَ الأَمْرَ أَهْلَهُ، إِلاَّ أَنْ تَرَوْا كُفْرًا بَوَاحًا، عِنْدَكُمْ مِنَ اللَّهِ فِيهِ بُرْهَانٌ
3 Muslimoo Mawatinul Ilaa Europa ,p22-23
Only Allah (عز و جل) knows best.
Written by Alimah Saleha Bukhari Islam
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
