Series of Answers by the Eminent Scholar Ata Bin Khalil Abu al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of Visitors to his Facebook Page "Fiqhi"
Answer to a Question To: Mouadh Seif Elmi
Question:
Assalamu Alaikum our Sheikh. I have a question: Is it true that the Sahaba who migrated to Abyssinia fought alongside the Negus (Najashi) against an enemy of his, and they wished for the Negus's victory and rejoiced in his triumph? This incident is used as evidence by some shuyukh in Tunisia to justify parliamentary and presidential elections, calling for the election of the "least evil" parties. With thanks.
Answer:
Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuh,
Before proceeding with the answer, I would like to point out that when a mujtahid searches for a shari’i ruling on any issue, they must, after understanding its reality (waqi’), look for its evidence in the shari’i texts and then deduce the shari’i ruling after examining the relevant evidences. It is not correct to form an opinion on a matter and then search for evidences that can be used to support that pre-determined opinion. This is because what is required by shari’ah is to submit to the shari’ah—meaning to take the ruling from the evidences—not for the "mujtahid" to give their own opinion first and then search for supporting evidence. Such an act is not following the shari’ah or seeking a shari’i ruling; rather, it is following one's whims (hawa).
Those who look into the statements of those who permit participation in systems that govern by the laws of kufr, and those who permit the election of rulers and members of parliament who govern by other than what Allah has revealed and legislate man-made systems without guidance from Allah—one finds them scouring the shari’i texts back and forth until they find something that carries even the slightest resemblance of evidence to support their view. The strange thing is that they abandon the definitive (qati’i), mutawatir, and widespread evidences in the Book and the Sunnah, and instead search for ambiguous matters to justify their opinion.
Now, we answer the issue mentioned in the question:
By reviewing the books of Seerah, it becomes clear that there is no established evidence indicating that the Sahaba fought alongside the Negus against his enemy. Reports have mentioned the stance of the Sahaba regarding the Negus’s situation with his enemies, and these reports are similar if not identical. I will quote here the narration of Imam Ahmad bin Hanbal in his Musnad after mentioning the story of the Muslims with the Negus and how he treated them with justice:
(... وَأَقَمْنَا عِنْدَهُ بِخَيْرِ دَارٍ مَعَ خَيْرِ جَارٍ. قَالَتْ: فَوَاللهِ إِنَّا عَلَى ذَلِكَ إِذْ نَزَلَ بِهِ - يَعْنِي مَنْ يُنَازِعُهُ فِي مُلْكِهِ - قَالَ: فَوَاللهِ مَا عَلِمْنَا حُزْنًا قَطُّ كَانَ أَشَدَّ مِنْ حُزْنٍ حَزِنَّاهُ عِنْدَ ذَلِكَ، تَخَوُّفًا أَنْ يَظْهَرَ ذَلِكَ عَلَى النَّجَاشِيِّ، فَيَأْتِيَ رَجُلٌ لَا يَعْرِفُ مِنْ حَقِّنَا مَا كَانَ النَّجَاشِيُّ يَعْرِفُ مِنْهُ. قَالَتْ: وَسارَ النَّجَاشِيُّ وَبَيْنَهُمَا عُرْضُ النِّيلِ، قَالَتْ: فَقَالَ أَصْحَابُ رَسُولِ اللهِ ﷺ: مَنْ رَجُلٌ يَخْرُجُ حَتَّى يَحْضُرَ وَقْعَةَ الْقَوْمِ ثُمَّ يَأْتِيَنَا بِالْخَبَرِ؟ قَالَتْ: فَقَالَ الزُّبَيْرُ بْنُ الْعَوَّامِ: أَنَا، قَالَتْ: وَكَانَ مِنْ أَحْدَثِ الْقَوْمِ سِنًّا، قَالَتْ: فَنَفَخُوا لَهُ قِرْبَةً، فَجَعَلَهَا فِي صَدْرِهِ ثُمَّ سَبَحَ عَلَيْهَا حَتَّى خَرَجَ إِلَى نَاحِيَةِ النِّيلِ الَّتِي بِهَا مُلْتَقَى الْقَوْمِ، ثُمَّ انْطَلَقَ حَتَّى حَضَرَهُمْ. قَالَتْ: وَدَعَوْنَا اللهَ لِلنَّجَاشِيِّ بِالظُّهُورِ عَلَى عَدُوِّهِ، وَالتَّمْكِينِ لَهُ فِي بِلادِهِ، وَاسْتَوْسَقَ عَلَيْهِ أَمْرُ الْحَبَشَةِ، فَكُنَّا عِنْدَهُ فِي خَيْرِ مَنْزِلٍ، حَتَّى قَدِمْنَا عَلَى رَسُولِ اللهِ ﷺ، وَهُوَ بِمَكَّةَ)
“...We stayed with him in the best home with the best neighbor. She [Umm Salamah] said: By Allah, while we were in that state, someone came to challenge him—meaning his kingdom. She said: By Allah, we never knew a grief more severe than the grief we felt at that time, fearing that the challenger might defeat the Negus, and then a man would come who would not recognize our rights as the Negus did. She said: The Negus marched out, and between them was the width of the Nile. The Companions of the Messenger of Allah ﷺ said: Who is the man who will go out to witness the battle of the people and then bring us the news? She said: Az-Zubayr bin al-Awwam said: I will. She said: And he was the youngest of the people. She said: They inflated a water-skin for him, which he placed on his chest, then he swam across it until he reached the side of the Nile where the people met, then he went until he witnessed them. She said: We prayed to Allah for the Negus to triumph over his enemy and to be established in his land. The affairs of Abyssinia were settled for him, and we remained with him in the best of abodes until we returned to the Messenger of Allah ﷺ while he was in Makkah.”
It is also mentioned in Al-Bidayah wan-Nihayah by Ibn Kathir:
(... قَالَتْ: فَأَقَمْنَا مَعَ خَيْرِ جَارٍ فِي خَيْرِ دار، فلم نشب أَنْ خَرَجَ عَلَيْهِ رَجُلٌ مِنَ الْحَبَشَةِ يُنَازِعُهُ في مِلْكِهِ، فَوَاللَّهِ مَا عَلِمْنَا حُزْنًا حَزِنَّا قَطُّ هُوَ أَشَدُّ مِنْهُ، فَرَقًا مِنْ أَنْ يَظْهَرَ ذَلِكَ الْمَلِكُ عَلَيْهِ فَيَأْتِي مَلِكٌ لَا يَعْرِفُ مِنْ حقنا ما كان يعرفه، فجعلنا ندعو اللَّهَ وَنَسْتَنْصِرُهُ لِلنَّجَاشِيِّ فَخَرَجَ إِلَيْهِ سَائِرًا فَقَالَ أَصْحَابُ رَسُولِ اللَّهِ ﷺ بعضهم لبعض: من يَخْرُجُ فَيَحْضُرُ الْوَقْعَةَ حَتَّى يَنْظُرَ عَلَى مَنْ تكون؟ وقال الزُّبَيْرُ - وَكَانَ مِنْ أَحْدَثِهِمْ سِنًّا - أَنَا، فَنَفَخُوا له قربة فجعلها في صدره، فجعل يَسْبَحُ عَلَيْهَا فِي النِّيلِ حَتَّى خَرَجَ مِنْ شِقِّهِ الْآخَرِ إِلَى حَيْثُ الْتَقَى النَّاسُ، فَحَضَرَ الْوَقْعَةَ فَهَزَمَ اللَّهُ ذَلِكَ الْمَلِكَ وَقَتَلَهُ، وَظَهَرَ النجاشي عليه. فجاءنا الزبير فجعل يليح لَنَا بِرِدَائِهِ وَيَقُولُ أَلَا فَأَبْشِرُوا، فَقَدْ أَظْهَرَ اللَّهُ النَّجَاشِيَّ. قُلْتُ: فَوَاللَّهِ مَا عَلِمْنَا [أَنَّنَا] فرحنا بشيء قَطُّ فَرَحَنَا بِظُهُورِ النَّجَاشِيِّ ثُمَّ أَقَمْنَا عِنْدَهُ حتى خرج من خرج منا إِلَى مَكَّةَ، وَأَقَامَ مَنْ أَقَامَ.)
“...She said: We stayed with the best neighbor in the best home. It was not long before a man from Abyssinia emerged to challenge his kingdom. By Allah, we never knew a grief more severe than that, fearing that this king might triumph over him and a king would come who does not know our rights as he knew them. So we began to pray to Allah and seek victory for the Negus. He marched out to him, and the Companions of the Messenger of Allah ﷺ said to one another: Who will go out and witness the battle to see who prevails? Az-Zubayr—who was the youngest of them—said: I will. So they inflated a water-skin for him, which he put on his chest, and he began to swim on it in the Nile until he reached the other side where the people met. He witnessed the battle, and Allah defeated that king and killed him, and the Negus triumphed over him. Az-Zubayr came to us waving his cloak and saying: Rejoice, for Allah has granted victory to the Negus. I said: By Allah, we never rejoiced at anything as much as we rejoiced at the victory of the Negus. Then we stayed with him until some of us left for Makkah, and some remained.”
From where do these people take the idea that it is permissible to participate in electing a ruler who governs by kufr, and electing parties to enter parliaments and legislate besides Allah? From where did they derive the permissibility of this, even though it is not in the narrations that the Sahaba participated in the fighting, nor did they have any decision-making power in any matter? Rather, they were oppressed and weak, and they did nothing more than send the youngest among them to follow the news and see who would prevail:
"The Companions of the Messenger of Allah ﷺ said: Who is the man who will go out to witness the battle of the people and then bring us the news?"
"The Companions of the Messenger of Allah ﷺ said to one another: Who will go out and witness the battle to see who prevails?"
The whole matter is that the Sahaba (may Allah be pleased with them) wished for the Negus to triumph over his enemy because he was a just king under whom no one was wronged, as the Messenger ﷺ had informed them and as they witnessed themselves... and out of fear that his enemy might triumph and not treat them with justice as the Negus had:
"...By Allah, we never knew a grief more severe than the grief we felt at that time, fearing that the challenger might defeat the Negus, and then a man would come who would not recognize our rights as the Negus did." "...By Allah, we never knew a grief more severe than that, fearing that this king might triumph over him and a king would come who does not know our rights as he knew them. So we began to pray to Allah and seek victory for the Negus..."
Where in this is there the election of a ruler to govern by kufr or the election of parties to parliament to legislate for the people besides Allah? The Sahaba hoped, wished, and prayed to Allah to grant victory to the king who was just to them over an enemy who might not be just. They did not participate in anything that indicates electing a person to govern by kufr or to legislate laws of kufr...
Therefore, the invalidity of using this incident as evidence for the permissibility of participating in electing a ruler who governs by kufr and electing parties to legislate for people besides Allah is an obvious invalidity that does not require much knowledge or contemplation... Especially since the evidences for ruling by what Allah has revealed are definitive in their source (qati’i al-thubut) and definitive in their meaning (qati’i al-dalalah). Among these evidences:
The words of the Almighty:
وَأَنِ احْكُمْ بَيْنَهُمْ بِمَا أَنْزَلَ اللَّهُ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ وَاحْذَرْهُمْ أَنْ يَفْتِنُوكَ عَنْ بَعْضِ مَا أَنْزَلَ اللَّهُ إِلَيْكَ
"And judge between them by what Allah has revealed and do not follow their inclinations and beware of them, lest they tempt you away from some of what Allah has revealed to you." (QS Al-Ma'idah [5]: 49)
إِنِ الْحُكْمُ إِلَّا لِلَّهِ
"Legislation is not but for Allah." (QS Al-An'am [6]: 57)
فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لَا يَجِدُوا فِي أَنْفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًا
"But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they conflict among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission." (QS An-Nisa [4]: 65)
أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْمًا لِقَوْمٍ يُوقِنُونَ
"Then is it the judgement of [the time of] ignorance they desire? But who is better than Allah in judgement for a people who are certain [in faith]?" (QS Al-Ma'idah [5]: 50)
...and other verses.
Furthermore, the kuffar of Quraish offered the Messenger ﷺ that they would make him king over them according to their legislation, not Islam, and he ﷺ refused:
It is mentioned in the Seerah of Ibn Ishaq (As-Siyar wal-Maghazi): (On the authority of Ikrima from Ibn Abbas that Utbah and Shaybah, the sons of Rabi’ah, Abu Sufyan bin Harb, An-Nadr bin al-Harith of the tribe of Bani Abd ad-Dar, Abu al-Bukhtari of the tribe of Bani Asad, and others... gathered, or those among them who gathered after sunset behind the Kaaba. They said to one another: Send for Muhammad and talk to him and argue with him until you are excused regarding him. So they sent for him... and said to him: O Muhammad, we have sent for you to excuse ourselves regarding you... If you have brought this matter to seek wealth, we will collect our wealth for you until you are the wealthiest among us. If you seek honor among us, we will make you our leader. And if you want a kingdom, we will make you king over us... The Messenger of Allah ﷺ said to them: “I do not know what you are saying. I did not come to you with what I brought to seek your wealth, nor honor among you, nor kingship over you. But Allah has sent me to you as a Messenger and revealed a Book to me, and commanded me to be a bearer of glad tidings and a warner to you. So I have conveyed to you the message of my Lord and advised you. If you accept from me what I have brought to you, then it is your portion in this world and the Hereafter. And if you reject it, I will remain patient for the command of Allah until Allah judges between me and you.” Or as the Messenger of Allah ﷺ said.) It was narrated similarly in Dala'il al-Nubuwwah by Abu Nu'aym al-Asbahani (1/233) and in the Prophetic Biography by Ibn Kathir (1/479) and other books of Seerah.
Likewise, they offered the Messenger of Allah ﷺ that they should all participate together in their entire affair—some from them and some from him ﷺ—so they would worship his God for a year and he would worship their gods for a year, but he ﷺ refused anything except for Islam alone:
It is mentioned in the Tafsir of Al-Qurtubi for Surah (Qul Ya Ayyuha Al-Kafirun):
(Ibn Ishaq and others mentioned from Ibn Abbas: The reason for its revelation was that Al-Walid bin al-Mughirah, Al-Aas bin Wa’il, Al-Aswad bin Abd al-Muttalib, and Umayyah bin Khalaf met the Messenger of Allah ﷺ and said: O Muhammad, come and let us worship what you worship, and you worship what we worship, and we and you will participate in our entire affair. If what you have brought is better than what we have, we will have participated in it and taken our share from it. And if what we have is better than what you have, you will have participated in our affair and taken your share from it. So Allah, the Mighty and Sublime, revealed: "Say, O disbelievers...") end quote.
It is mentioned in the Tafsir of Al-Tabari (Jami’ al-Bayan) for Surah (Qul Ya Ayyuha Al-Kafirun):
(Muhammad bin Musa al-Harashi told me, he said: Abu Khalaf told us, he said: Dawud told us, from Ikrima, from Ibn Abbas: That the Quraish promised the Messenger of Allah ﷺ... we offer you one thing, and it is for you and there is benefit for us in it. He said: “What is it?” They said: You worship our gods for a year: Al-Lat and Al-Uzza, and we worship your God for a year. He said: “Until I see what comes from my Lord.” Then the revelation came from the Preserved Tablet: ﴿قُلْ يَا أَيُّهَا الْكَافِرُونَ﴾) end quote.
It is mentioned in Fath al-Qadir by Al-Shawkani in the Tafsir of (Qul Ya Ayyuha Al-Kafirun):
(Ibn Jarir, Ibn Abi Hatim, and At-Tabarani narrated from Ibn Abbas: “That the Quraish invited the Messenger of Allah ﷺ... if you do not do so, then we offer you one thing and there is benefit for you in it. He said: ‘What is it?’ They said: You worship our gods for a year and we worship your God for a year. He said: ‘Until I see what comes to me from my Lord.’ Then the revelation came from Allah: ﴿قُلْ يَا أَيُّهَا الْكافِرُونَ * لَا أَعْبُدُ مَا تَعْبُدُونَ﴾ until the end of the Surah, and Allah revealed: ﴿قُلْ أَفَغَيْرَ اللَّهِ تَأْمُرُونِّي أَعْبُدُ أَيُّهَا الْجاهِلُونَ﴾ [Say, "Is it other than Allah you order me to worship, O ignorant ones?"] until His words: ﴿بَلِ اللَّهَ فَاعْبُدْ وَكُنْ مِنَ الشَّاكِرِينَ﴾ [Rather, worship Allah and be among the grateful.]) end quote.
All of these are explicit evidences for the categorical and severe prohibition of ruling by other than what Allah has revealed, and of any participation in that ruling. No one stands in the face of these explicit evidences except for one who explicitly disobeys Allah and His Messenger ﷺ, and any argument they have otherwise is a refuted argument that brings them disgrace in this world, and the punishment of Allah is greater.
Your brother, Ata Bin Khalil Abu al-Rashtah
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