On Establishment of the Ḥudūd & the Sharīʿah in Brunei | Shaykh Muḥammad bin Ḥizām

Honor for the Muslims and Humiliation of the disbelievers
By Establishment of the Ḥudūd and the Dīn

Q. There is a small country neighboring Malaysia called ‘Sultanate of Brunei’ and the Muslims in it is more than 70% or so from its inhabitants. It’s Sultan, and his name is Hassanal Bolkiah, announced that he will start implementation of Islamic Sharī’ah1 in its entirety including the Ḥudūd2– from stoning the adulteress, whipping, amputation of the thief’s hand, implementation of punishment for murder, and other than it. So it was subjected to a fierce campaign by organizations and declarations by the West and even some Arab media, likewise calling for the boycott of the state and its authority?

A. From the success granted by Allāh for the Muslim ruler (Walī al-’Amr) is that he establishes the Dīn (i.e the laws) of Allāh -the Mighty and the Majestic- and that he establishes the punishments of Allāh -Glorified and Exalted is He-. And this is the means for empowerment on the earth, and this is from the justice by which he will attain the great reward.

Allāh -the Mighty and the Majestic- said,

“Allāh has promised those among you who believe, and do righteous good deeds, that He will certainly grant them succession to (the present rulers) in the earth, as He granted it to those before them, and that He will grant them the authority to practise their religion, that which He has chosen for them (i.e. Islam). And He will surely give them in exchange a safe security after their fear (provided) they (believers) worship Me and do not associate anything (in worship) with Me.”

Surah an-Nūr: 55

Allāh -the Mighty and the Majestic- said,

﴿ الَّذِينَ إِن مَّكَّنَّاهُمْ فِي الْأَرْضِ أَقَامُوا الصَّلَاةَ وَآتَوُا الزَّكَاةَ وَأَمَرُوا بِالْمَعْرُوفِ وَنَهَوْا عَنِ الْمُنكَرِ ۗ وَلِلَّهِ عَاقِبَةُ الْأُمُورِ ﴾

“Those (Muslim rulers) who, if We give them power in the land, (they) order for the establishment of the (five compulsory congregational) prayers, to pay the Zakah and they enjoin Al-Ma’ruf (i.e. Islamic Monotheism and all that Islam orders one to do), and forbid Al-Munkar (i.e. disbelief, polytheism and all that Islam has forbidden) [i.e. they make the Qur’an as the law of their country in all the spheres of life]. And with Allāh rests the end of (all) matters (of creatures).”

Surah al-Ḥajj: 41

Allāh -Glorified and Exalted is He- said,

﴿ كُنتُمْ خَيْرَ أُمَّةٍ أُخْرِجَتْ لِلنَّاسِ تَأْمُرُونَ بِالْمَعْرُوفِ وَتَنْهَوْنَ عَنِ الْمُنكَرِ وَتُؤْمِنُونَ بِاللَّهِ ﴾

“You [true believers] are the best of peoples ever raised up for mankind; you enjoin Al-Ma’ruf and forbid Al-Munkar, and you believe in Allāh”

Surah Āl ʿImrān 3:145

Allāh -Glorified and Exalted is He- said,

﴿ وَلْتَكُن مِّنكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ ۚ وَأُولَٰئِكَ هُمُ الْمُفْلِحُون ﴾

“Let there arise out of you a group of people inviting to all that is good (Islam), enjoining Al-Ma’ruf and forbidding Al-Munkar. And it is they who are the successful.”

Surah Āl ʿImrān 3:104

Allāh -Glorified and Exalted is He- said,

﴿لُعِنَ الَّذِينَ كَفَرُوا مِن بَنِي إِسْرَائِيلَ عَلَىٰ لِسَانِ دَاوُودَ وَعِيسَى ابْنِ مَرْيَمَ ۚ ذَٰلِكَ بِمَا عَصَوا وَّكَانُوا يَعْتَدُونَ (٧٨)كَانُوا لَا يَتَنَاهَوْنَ عَن مُّنكَرٍ فَعَلُوهُ ۚ لَبِئْسَ مَا كَانُوا يَفْعَلُونَ(٧٩)﴾

“Those among the Children of Israel who disbelieved were cursed by the tongue of Dawud (David) and ‘Iesa (Jesus), son of Maryam (Mary). That was because they disobeyed (Allāh and the Messengers) and were ever transgressing beyond bounds. They used not to forbid one another from the Munkar (wrong, evil-doing, sins, polytheism, disbelief, etc.) which they committed. Vile indeed was what they used to do.”

Surah al-Mā’idah:78-79

Establishment of the Ḥudūd (punishments prescribed in Islam) and establishment of the religion (sharī’ah) is from the greatest means of strengthening on earth, and also a great reward is achieved from Allāh -Glorified and Exalted is He-

Narrated Abu Hurairah -May Allāh be pleased with him-: The Prophet (ﷺ) said,

“Allāh will give shade, to seven, on the Day when there will be no shade but His. From them are, a just ruler…”

Agreed Upon

It has been narrated on the authority of ‘Abdullāh bin ‘Amr bin al-’Aās -May Allāh be pleased with them both- that the Messenger of Allāh (ﷺ) said,

“Behold! the Dispensers of justice will be on pulpits of light beside Allāh, on the right side of Ar-Rahmān -Exalted and Glorious-. Either side of Him is the right side (both being equally meritorious). (The Dispensers of justice are) those who do justice in their judgement, in matters relating to their families and in all that they undertake to do.”

Sahih Muslim 1827

Ibn ‘Umar -May Allāh be pleased with them- reported: The Prophet (ﷺ) said,

“All of you are guardians and are responsible for your subjects. “

Agreed Upon

So from the success granted by Allāh -Glorified and Exalted is He- for the Muslim ruler (Walī al-’Amr) to establish the Dīn of Allāh -the Most Majestic and Most High- and to establish the Ḥudūd and to take from the oppressors hand, for if it were to be taken from the oppressor for the oppressed, then this is from the sign of goodness for the nation. And if the oppressor and the transgressor were left free then this is a sign of evil upon the nations.

Narrated Jabir -May Allāh be pleased with them-: I heard Allāh’s Messenger (ﷺ) saying,

“How could an Ummah (people) be purified (of its sins) where the right of its weak is not taken from its strong.”

Reported by Ibn Ḥibbān. Bulūgh al-Maram 1405

So this affair that has been mentioned about this ruler of this country (Brunei), if affirmed from him then he is considered a courageous man in these times in which the enemies of Islam are overpowering the Muslims and it is required that he is supported by the Muslims all over the world and do not carry out against him media attacks and attack him with false speech. It is obligatory to aid him and encourage him upon good actions.

﴿ وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَىٰ ۖ وَلَا تَعَاوَنُوا عَلَى الْإِثْمِ وَالْعُدْوَانِ ۚ ﴾

Help you one another in Al-Birr and At-Taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression.

Surah Al-Mā’idah: 2

So it is obligatory upon those who have authority over the affairs of the Muslims (scholars and rulers) in all the countries that they aid this affair and not stand in its opposition or attack him. The enemies of Islam strive the greatest in its removal (Establishment of the Hudūd and Establishment of the Dīn). They are waging a war against it that is severe and throwing false titles at it, from those (names) being terrorism. Likewise also, the Al-Qaedah Network and Daesh and other than them from their makings. They are the ones who manufactured terrorism, they are the ones who created the Organisation of Al-Qaeda, they made Daesh and the Islamic state which they call ‘The Islamic State in Iraq and Shām’. They abbreviate it by the name ‘ISIS’ (داعش). Islamic State in Iraq and Syria (دولة إسلامية في العراق والشام). These are from the designs of the enemies of Islam. They are the ones who bring about these affairs in order to make them objects to achieve what they want of domination over the Muslim countries and violate their sanctity.

In many countries, (the reality of) these organisations have been exposed, the so-called Al-Qaedah and Islamic State (Daesh). Their affair has been exposed in Iraq and in Yemen and it emerged that the general leadership are secret service providers. So it was known that they are indeed instruments for the enemies of Islam to attack Islam and the Muslims. Most of them are secret agents and they deceive the enthusiastic youth and instigate them.

Overall, the enemies of Islam are waging war against the true (form of) Islam. They do not want it to have a firm standing. And only if all the Muslim countries were to apply their religion and apply the Book of Allāh and Sunnah of His messenger ﷺ and establishment of the Hudūd, then Allāh will empower them and support them and make them victorious.

So we advise all the Muslims and all the Muslim leaders to uphold their religion, and to establish the limits as ordained by Allāh -The Almighty and Sublime- as commanded by Allāh. And that he must not have fear by Allāh and establishment of the religion of Allāh, the criticism of the critic, (fearing) what the enemies of Islam will make of it!!!… The enemies of Islam will not be pleased with you until you become a disbeliever like them

﴿ وَلَن تَرْضَىٰ عَنكَ الْيَهُودُ وَلَا النَّصَارَىٰ حَتَّىٰ تَتَّبِعَ مِلَّتَهُمْ ﴾

“Never will the Jews nor the Christians be pleased with you (O Muhammad Peace be upon him) till you follow their religion.”

Surah al-Baqarah: 120

So do not desire to satisfy them until you disbelieve in your religion and sell your hereafter for your Duniya and be pleased for yourself a residence in Hell -We seek Allāh’s refuge for ourselves and you-

Do not desire, Oh Ruler, that they be pleased with you, and over and above this, have pride in your religion and nothing will befall you except that which Allāh has decreed for you.

“And know that if all the people gather to benefit you, they will not be able to benefit you except that which Allāh had foreordained (for you); and if all of them gather to do harm to you, they will not be able to afflict you with anything other than that which Allāh had pre-destined against you. The pens had been lifted and the ink had dried up”.

Reported by at-Tirmidhi, graded as Ḥasan Sahih

We ask Allāh -the Most Majestic and Most High- to ruin America and Russia and those along with them who reject Islam and the Muslims. We ask Allāh -the Most Majestic and Most High- to plan against them and to make their evil schemes and plots, a destruction upon themselves.

Glory is to You, O Allāh, and praise is to You. I bear witness that there is none worthy of worship but You. I seek Your forgiveness and repent to You.

– Answered by Shaykh Muḥammad bin Ḥizām al-Baʿdānī -May Allāh preserve him-, Fatwa #1082, Questions from 8th Sha’bān 1440H

– Translated by Abū Āsiyāh Muẓaffar al-Hindī -May Allah pardon his sins-

Source: https://t.me/ibnhezam/7200

  1. Islamic law according to the Qur’an and Sunnah
  2. The penal laws of Islam are called Hudud in the Hadith and Fiqh. This word is the plural of Hadd, which means prevention, hindrance, restraint, prohibition, and hence a restrictive ordinance or statute of Allah, respecting things lawful and unlawful. Punishments by way of Hadd are of the following forms: death by stoning, amputation of a limb or limbs, flogging by one hundred or eighty strokes. They are prescribed respectively for the following offences: adultery committed by married persons, theft, highway robbery, drunkenness and slander imputing unchastity to women.