In The Name of Allah, The Most Merciful, The Bestower of Mercy.
Aa’isha [may Allaah be pleased with her] reported that the Quraish had been anxious about the Makhzumi woman who had committed theft, and said, “Who will speak to Allah’s Messenger [peace and blessings of Allaah be upon him] about her?” They said, “Who dare it, but Usamah, the loved one of Allah’s Messenger?” So Usamah spoke to him. Thereupon Allah’s Messenger said, “Do you intercede regarding one of the punishments prescribed by Allah?” He then stood up and addressed (people) saying, “O people! Those who have gone before you were destroyed, because if anyone of high status committed theft amongst them, they spared him; and if anyone of low status committed theft, they inflicted the prescribed punishment upon him. By Allah, if Fatima, daughter of Muhammad, were to steal, I would have her hand cut off”. [Saheeh Muslim. 1688a]
“Do you intercede regarding one of the punishments prescribed by Allah?” Meaning, it is not permissible to intercede in divinely ordained punishments.
“Those who have gone before you were destroyed, because if anyone of high status committed theft amongst them, they spared him; and if anyone of low status committed theft, they inflicted the prescribed punishment upon him”. Meaning, destroyed due to their sins and because they said, “It is impossible to cut the hand of this person of high standing”. When one of them of high social status committed theft, they pardoned him, but when one of them of low social status committed theft, they punished him. As a result, Allah’s prescribed punishments were carried out according to their desires. This hadeeth demonstrates that the nations that came before us committed theft, including the rich and the poor, people of high and low status, and there was considerable theft in their midst.
Then the Messenger made an oath – even though he is the righteous and truthful one without making an oath – that “By Allah, if Fatima, Muhammad’s daughter, were to steal, I would have her hand cut off.”
O Allah! Send Your salutations and blessings upon the prophet). This is how justice should be done and how Allah’s rulings should be applied, and not through desires. He swore that if Fatimah, Muhammad’s daughter – who had a higher status than the Makhzumi woman both in nobility and lineage, and she is the leader of the women of paradise – stole, he would cut off her hand. [(1)]
Justice Must Be Established Between Teachers and Students
The text of this reminder was quoted by Ustaadh Abu Ukaasha [may Allaah preserve him and all the teachers] on Saturday during the one day conference in Stoke On Trent- that Shaikhul Islaam Ibn Taymiyyah [may Allaah have mercy upon him] said:
ﻭﻟﻴﺲ ﻟﻠﻤﻌﻠﻤﻴﻦ ﺃﻥ ﻳﺤﺰﺑﻮﺍ ﺍﻟﻨﺎﺱ
ﻭﻳﻔﻌﻠﻮﺍ ﻣﺎ ﻳﻠﻘﻲ ﺑﻴﻨﻬﻢ ﺍﻟﻌﺪﺍﻭﺓ ﻭﺍﻟﺒﻐﻀﺎﺀ،
ﺑﻞ ﻳﻜﻮﻧﻮﻥ ﻣﺜﻞ ﺍﻷﺧﻮﺓ ﺍﻟﻤﺘﻌﺎﻭﻧﻴﻦ ﻋﻠﻰ
ﺍﻟﺒﺮ ﻭﺍﻟﺘﻘﻮﻱ ﻛﻤﺎ ﻗﺎﻝ ﺗﻌﺈﻟﻰ
وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى وَلا تَعَاوَنُوا عَلَى الإثْمِ وَالْعُدْوَانِ
وليس لأحد منهم أن يأخذ على أحد عهداً بموافقته على كل ما يريده وموالاة من يواليه ومعاداة من يعاديه،بل من فعل هذا كان من جنس جنكز خان وأمثاله الذين يجعلون من وافقهم صديقاً واليا، ومن خالفهم عدوَّا باغيا، بل عليهم وعلى أتباعهم عهد الله ورسوله بأن يطيعوا الله ورسوله ويفعلوا ما أمر الله ورسوله ويحرموا ما حرم الله ورسوله ويرعوا حقوق المعلمين كما أمر الله ورسوله، فإن كان أستاذ أحد مظلوماً نصره، وإن كان ظالماً لم يعاونه على الظلم بل يمنعه منه كما ثبت في الصحيح أنه قال:
(انصر أخاك ظالماً أو مظلوماً. قيل: يا رسول الله: أنصره مظلوماً فكيف أنصره ظالماً؟. قال تمنعه من الظلم فذلك نصرك إياه).
وإذا وقع بين معلم ومعلم أو تلميذ وتلميذ أو معلم وتلميذ خصومة ومشاجرة لم يجز لأحد أن يعين أحدهما حتى يعلم الحق، فلا يعاونه بجهل ولا بهوى، بل ينظر في الأمر، فإذا تبين له الحق أعان المحق منهما على المبطل سواء كان المحق من أصحابه أو أصحاب غيره، وسواء كان المبطل من أصحابه أو أصحاب غيره، فيكون المقصود عبادة الله وحده وطاعة رسوله واتباع الحق والقيام بالقسط
قال تعالى
يا أيها الذين آمنوا كونوا قوامين بالقسط شهداء لله ولو على أنفسكم أو الوالدين والأقربين، إن يكن غنياً أو فقيراً فالله أولى بهما، فلا تتبعوا الهوى أن تعدلوا وإن تلووا أو تعرضوا فإن الله كان بما تعملون خبيراً
It not allowed for the teachers to initiate (illegal) partisanship between the people and do that which would cause enmity and hatred between them; but rather they should be brothers who cooperate upon righteousness and piety, as Allaah [The Exalted] said: [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-Maa’idah. Aayah 2]
It is not allowed for anyone of them to receive a pledge from anyone to be in agreement with him in everything he wants – having allegiance to the one he is allied to and enmity against the one he harbours enmity, and whoever does this is similar to Genghis Khan and his ilk (in this affair), who take as their loyal friends the one in agreement with them and the one who oppose them as a rebellious enemy; rather it is obligated on them and their followers (i.e. the teachers) to fulfil the covenant of Allaah and His Messenger by obeying Allaah and His Messenger, doing that which Allaah and His Messenger have commanded, declare unlawful that which Allaah and His Messenger have declared unlawful, and preserve the rights of the teachers in the manner commanded by Allaah and His Messenger. So, if one’s teacher is oppressed, he should help him; but if the teacher is the oppressor, he should not aid him in his act of oppression; rather he forbids him from it, as it has been established in the authentic books of hadeeth that the Prophet [peace and blessings of Allaah be upon him] said, “Help your brother, whether he is an oppressor or he is an oppressed one. People asked, “O Allah’s Messenger! It is all right to help him if he is oppressed, but how should we help him if he is an oppressor?” The Prophet said, “By preventing him from oppressing others.” [Saheeh Al-Bukhaari 2444]
If an argument and dispute occurs between a teacher and another teacher, or between a student and another student, it is not permissible for anyone to help one of them until he knows the truth – neither to aid him based on ignorance nor desires; rather he he examines the affair, so if the truth becomes clear to him, he helps the one who deserves to be helped (due to him being upon the truth) against the one upon error – regardless whether the one who deserves to be helped is one of his companions or the companion of someone else, or whether the one upon error is one of his companions or the companion of someone else. Therefore, the aim is only to worship Allaah alone, obedience to Allaah’s Messenger, adherence to truth and establishment of justice. Allaah [The Exalted] said:
يا أيها الذين آمنوا كونوا قوامين بالقسط شهداء لله ولو على أنفسكم أو الوالدين والأقربين، إن يكن غنياً أو فقيراً فالله أولى بهما، فلا تتبعوا الهوى أن تعدلوا وإن تلووا أو تعرضوا فإن الله كان بما تعملون خبيراً
O you who believe! Stand out firmly for justice, as witnesses to Allah; even though it be against yourselves, or your parents, or your kin, be he rich or poor, Allah is a Better Protector to both (than you). So follow not the lusts (of your hearts), lest you may avoid justice, and if you distort your witness or refuse to give it, verily, Allah is Ever Well-Acquainted with what you do. [[Surah An-Nisaa. Ayah 135] [(2)]
[(1)]: An Excerpt from Sharh Riyaadus Saaliheen Vol 6. Pages 525-530 By Imaam Muhammad Ibn Saalih Al-Uthaymeen (rahimahullaah). slightly paraphrased
[(2)]: Majmoo Al-Fataawaa. 28/15-17. paraphrased]
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