The Islamic ruling on the establishment of a charitable association for the purpose of undertaking the call to Allah | The official website of Sheikh Muhammad Ali FERKUS
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Wednesday 11 Rabî` Al-'Awwal 1442 H - October 28, 2020 G

Fatwa n° 744

Category: Fatwa about Manhaj (the way)

The Islamic ruling on the establishment of a charitable association for the purpose of undertaking the call to Allah

All praises and thanks are to Allah, the Lord of the Worlds, prayer and peace be upon whom Allah sent as a mercy to the Worlds and his family, companions and brothers until the Day of Resurrection, To proceed:

The majority of associations, whatever might be their characteristics, if they act uponallegiance and disavowal, love and hostility, or consider their leaders’ and rulers’ decisions a rule without considering the proofs, or among their principles is to show compliance with the opinions held by the group and deeming them conclusive and not subject to argument or criticism. Based on this consideration, it is a partisan association even if it is given an Islamic appellation; even more, it is in opposition to Allah and His Messenger, because the axle of allegiance and disavowal is the believing in Allah and His Messenger, Allah سبحانه و تعالىsaid:

﴿يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُواْ لَا تُقَدِّمُواْ بَيۡنَ يَدَيِ ٱللَّهِ وَرَسُولِهِۦۖ وَٱتَّقُواْ ٱللَّهَۚ إِنَّ ٱللَّهَ سَمِيعٌ عَلِيمٞ ١[الحجرات]

O you who believe! Make not (a decision) in advance before Allah and his Messenger, and fear Allah. Verily, Allah is All-Hearing, All-knowing. ﴿Al-Hujurât 1.

And said:

﴿لَّا تَجِدُ قَوۡمٗا يُؤۡمِنُونَ بِٱللَّهِ وَٱلۡيَوۡمِ ٱلۡأٓخِرِ يُوَآدُّونَ مَنۡ حَآدَّ ٱللَّهَ وَرَسُولَهُۥ وَلَوۡ كَانُوٓاْ ءَابَآءَهُمۡ أَوۡ أَبۡنَآءَهُمۡ أَوۡ إِخۡوَٰنَهُمۡ أَوۡ عَشِيرَتَهُمۡۚ أُوْلَٰٓئِكَ كَتَبَ فِي قُلُوبِهِمُ ٱلۡإِيمَٰنَ وَأَيَّدَهُم بِرُوحٖ مِّنۡهُۖ وَيُدۡخِلُهُمۡ جَنَّٰتٖ تَجۡرِي مِن تَحۡتِهَا ٱلۡأَنۡهَٰرُ خَٰلِدِينَ فِيهَاۚ رَضِيَ ٱللَّهُ عَنۡهُمۡ وَرَضُواْ عَنۡهُۚ أُوْلَٰٓئِكَ حِزۡبُ ٱللَّهِۚ أَلَآ إِنَّ حِزۡبَ ٱللَّهِ هُمُ ٱلۡمُفۡلِحُونَ ٢٢[المجادلة]

You (O Muhammad-peace be upon him-) will not find any people who believe in Allah and the last day, making friendship with those who oppose Allah and his Messenger (Muhammad-peace be upon him-), even though they were their fathers or their sons or their brothers or their kindred (people). For such He has written faith in their hearts, and strengthened them with Rûh (proofs, light and true guidance) from Himself. And he will admit them to Gardens (paradise) under which rivers flow to dwell therein forever. Allah is pleased with them, and they with Him. They are the party of Allah. Verily, it is the party of Allah that will be the successful.﴿Al-Mujâdilah 22.

So, the partisan gathering is abhorred, it divided our nation into sects and sides and this brings weakness through times, whereas, our religion ordered us to reunite around the Creed of Tawheed (Islamic Monotheism) and to follow the Prophetصلى الله عليه و سلم-; Allah سبحانه و تعالىsaid:

﴿وَٱعۡتَصِمُواْ بِحَبۡلِ ٱللَّهِ جَمِيعٗا وَلَا تَفَرَّقُواْ[آل عمران: 103]

And hold fast, all of you together, to the rope of Allah (i.e. this Qur’an), and not be divided among yourselves.” Âl ‘Imrân 103.

. And He سبحانه و تعالى said:

﴿إِنَّ ٱلَّذِينَ فَرَّقُواْ دِينَهُمۡ وَكَانُواْ شِيَعٗا لَّسۡتَ مِنۡهُمۡ فِي شَيۡءٍ[الأنعام: 159].

Verily, those who divide their religion and break up into sects (all kinds of religious sects), you (O Muhammad -peace be upon him-) have no concern in them in the least.” Al-An’âm 159.

Despite the prohibition of the partisan gathering, it does not matter with the legal cooperation founded on virtue and piety measured by the Qur’an and Sunnah because Allah سبحانه و تعالىsaid:

﴿وَتَعَاوَنُواْ عَلَى ٱلۡبِرِّ وَٱلتَّقۡوَىٰۖ وَلَا تَعَاوَنُواْ عَلَى ٱلۡإِثۡمِ وَٱلۡعُدۡوَٰنِ[المائدة: 2]

Help you one another in Al-Birr and At-Taqwâ (virtue, righteousness and piety); but do not help one another in sin and transgression.” Al-Mâ’idah 2.

The religious cooperation also encompasses that which the ruler undertake including the organization of the Muslims in the form of official institutions such as ministries, companies and associations which do not have any sign of partisan or prejudiced characteristic in their respective functions and allowed acts which revolve around the religious and worldly life, such as the companies and associations which have a professional or charitable aspect and suchlike institutions which do not contradict the Shari’ah law in its moral qualities and line of conduct, and do not contradict its objectives. All this is addressed by the religious texts which dispraise deserting the unity of the Ummah (Muslim nation) which is commanded to be one. Allah سبحانه و تعالىsaid:

﴿وَإِنَّ هَٰذِهِۦٓ أُمَّتُكُمۡ أُمَّةٗ وَٰحِدَةٗ وَأَنَا۠ رَبُّكُمۡ فَٱتَّقُونِ ٥٢[المؤمنون].

And verily, this your religion (of Islamic Monotheism) is one religion, and I am your Lord, so fear (keep your duty to) Me. ﴿Al-Mu’minûn 52.

Accordingly, the collaboration measured on virtue and piety is recommended, otherwise it will be refused.

The perfect knowledge belongs to The All-Mighty Allah; and our last prayer is all the praises and thanks are to Allah, The Lord of the Worlds, and prayers of Allah are to Muhammad and his Family, Companions and Brothers until the Day of Resurrection.

 

Algiers on Rajab the 22nd, 1428 H

Corresponding to August the 6th, 2007 G