Professional Documents
Culture Documents
The
Islamic
Perspective
on
Standing
up
for
a
Magistrate
or
Judge
Prepared
by
Brothers
Behind
Bars
Inc.
The
Islamic
Perspective
on
Standing
up
for
a
Magistrate
or
Judge
The
Islamic
Perspective
on
Standing
up
for
a
Magistrate
or
Judge
-‐
Brothers
Behind
Bars
Inc.
INTRODUCTION 3
CONCLUSION
17
2
The
Islamic
Perspective
on
Standing
up
for
a
Magistrate
or
Judge
Introduction
Dear
readers,
In
recent
times
Muslims
living
in
Australia
have
found
themselves
in
an
enormous
predicament
regarding
entering
the
courthouses
of
the
disbelievers.
The
question
of
standing
up
in
court
for
a
judge
has
become
all
too
common.
There
have
been
multiple
times
when
brothers
and
sisters,
who
are
on
the
true
understanding
of
the
Salaf,
have
refused
to
stand
for
the
judge
based
on
the
belief
that
it
is
not
permissible
to
stand
out
of
veneration
to
anyone.
Media
outlets
have
been
quick
to
pounce
on
such
cases
in
order
to
drum
up
the
usual
front-‐page
hysteria.
Unfortunately,
some
local
imams
buckled
under
this
‘pressure’
and,
in
an
effort
to
avoid
any
confrontation,
have
flown
the
white
flag
of
defeat,
turning
away
from
the
dignity
of
Islam
and
bowing
their
heads
to
the
disbelievers.
The
aforementioned
imams
have
joined
the
pernicious
media
in
the
condemnation
of
fellow
Muslims,
issuing
verdicts
that
such
actions
are
wrong,
and
that
Muslims
should
stand
in
court
out
of
respect
for
the
judge
and
the
law
of
the
land.
3
The
Islamic
Perspective
on
Standing
up
for
a
Magistrate
or
Judge
4
The
Islamic
Perspective
on
Standing
up
for
a
Magistrate
or
Judge
"The
Messenger
of
Allah
(saw)
delivered
an
admonition
that
made
our
hearts
fearful
and
our
eyes
tearful.
We
said,
"O
Messenger
of
Allah,
it
is
as
if
this
were
a
farewell
sermon,
so
advise
us."
He
said,
"I
enjoin
you
to
have
Taqwa
of
Allah
and
that
you
listen
and
obey,
even
if
a
slave
is
made
a
ruler
over
you.
He
among
you
who
lives
long
enough
will
see
many
differences.
So
for
you
is
to
observe
my
Sunnah
and
the
Sunnah
of
the
rightly-‐principled
and
rightly-‐guided
successors,
holding
on
to
them
with
your
molar
teeth.
Beware
of
newly-‐introduced
matters,
for
every
innovation
(bid'ah)
is
an
error."
(Abu
Dawud
&
Al-‐Tirmidhi,
who
says
it,
is
an
authentic
hadith
-‐
hasan
saheeh)
It
is
of
utmost
importance
that
we
understand
the
Shariah
as
it
was
understood
by
the
Sahabah,
may
Allah
be
pleased
with
them,
as
they
were
the
pioneers
of
the
Ummah
a
time
of
Izzah
and
proper
understanding.
Their
understanding
of
the
Deen
of
al-‐Islam
is
perfect
as
they
were
present
during
the
era
of
divine
revelation
received
by
the
Prophet
(saw).
Furthermore,
they
were
his
devoted
students
who
heard
his
teachings
and
explanations
pertaining
to
the
book
of
Allah
and
His
Sunnah.
Who
better
to
take
your
Deen
from?
It
is
rather
unfortunate
that
the
ones
who
claim
authority
over
the
Australian
Muslim
community,
operating
under
titles
like
“Grand
Mufti”
and
“Imams
Council”,
constantly
echo
the
words
and
desires
of
the
disbelievers
on
this
subject
(along
with
many
others).
This
obsequious
behaviour
is
hardly
surprising
given
their
proximity
to
the
government.
It
is
obligatory
for
the
Muslims
to
respect
the
Scholars
of
Islam.
We
must
heed
the
statement
of
our
beloved
Prophet
Muhammad
(saw)
who
said,
“The
Scholars
are
the
inheritors
of
the
Prophets.”
[Abu
Dawud
and
Bukhari].
This
and
other
authentic
statements
tell
us
clearly
that
the
Ulemah
do
not
inherit
Prophethood,
they
are
not
infallible,
they
do
not
perform
miracles
and
they
do
not
receive
any
revelation
from
the
Angel
Jibrael
(as).
Therefore
these
scholars
inherit
a
series
of
attributes
and
characteristics
that
were
common
amongst
the
Messengers
of
Allah
(swt)
such
as
being
steadfast
on
the
truth,
being
at
the
forefront
of
the
struggles
of
their
times,
being
accessible
to
the
people,
enjoining
righteousness
and
forbidding
vice,
inviting
the
people
(nations)
to
Tawheed,
educating,
culturing
and
teaching
society.
They
never
compromised
in
their
message
nor
did
they
ally
themselves
with
any
tyrannical
or
oppressive
system.
Rather
they
sacrificed
their
lives
to
promote
and
make
the
word
of
Allah
(swt)
supreme.
Below
are
some
statements
that
serve
as
a
stern
warning
to
Muslim
leaders
who
keep
close
relations
with
the
ruling
parties:
Ibn
Abbas
(ra)
reported
that
the
Prophet
(saw)
said,
“Whoever
lives
in
the
desert
becomes
rough
(harsh),
whoso
follows
the
game
(hunt)
becomes
careless,
and
whoso
comes
to
the
ruler
falls
into
Fitna.”
[Abu
Dawood
and
Tirmidhi]
5
The
Islamic
Perspective
on
Standing
up
for
a
Magistrate
or
Judge
Abu
Hurairah
(ra)
reported
that
Muhammad
(saw)
said,
“Whenever
a
person
becomes
closer
to
a
ruler
he
will
be
further
away
from
Allah.”
[Ahmad]
Abu
Hurairah
(ra)
reported
that
Muhammad
(saw)
said,
“One
of
the
most
hated
creation
to
Allah
is
the
scholar
who
keeps
visiting
the
government
and
the
people
who
work
in
the
streets
(i.e.
smaller
departments).”
Abu
Hurairah
(ra)
reported
that
Muhammad
(saw)
said,
“The
most
hated
Qarees
(Quran
Reciters)
to
Allah
are
those
who
visit
the
rulers.”
[Ibn
Majah]
Abu
Hurairah
(ra)
reported
that
Muhammad
(saw)
said,
“If
you
see
a
scholar
mixing
with
a
ruler
regularly
be
aware
that
this
man
is
a
thief.”
[Daylami
Musnad
Firdows]
Some
may
believe
that
their
“shuyukh”,
“scholars”
and
“muftis”
are
in
fact
doing
the
same
thing
as
the
Prophet
when
he
met
with
the
mushrikeen
(polytheists)
of
Quraysh.
Do
not
be
fooled
by
such
comparisons—the
Prophet
met
with
them
to
call
to
Tawheed
and
the
deen
of
al-‐Islam,
not
to
work
with
them
or
water
it
down!
If
anyone
still
harbours
doubts
concerning
this
issue
then
please
read
some
of
the
counter-‐arguments
presented
by
the
Sahabah
(ra)
themselves:
The
statements
of
the
Sahabah
are
a
binding
proof
(Hujjah)
for
all
of
us
and
we
are
not
allowed
to
differ
with
people
who
have
attained
citizenship
of
Paradise.
Abdullah
ibn
Masud
(ra)
said,
“There
will
be
on
the
doors
of
the
rulers
(doors
of
the
state)
and
its
departments
a
lot
of
Fitnah.
You
will
never
receive
anything
from
their
authority
except
that
they
will
take
away
something
similar
from
your
Deen.”
[Bayhaqi]
Abdullah
Ibn
Masud
(ra)
said,
“Whoever
wants
to
protect,
respect,
honour
his
Deen
he
should
not
go
and
accompany
rulers
those
whom
he
will
have
seclusion
with,
like
the
foreign
woman
(i.e.
khalwah
(one
to
one)),
those
he
will
compromise
with
and
who
follow
Hawa
(desires).”
[Saheeh
Sahabi]
Abdullah
Ibn
Masud
(ra)
said,
“A
man
will
enter
the
ruler
(e.g.
sit,
eat,
talk,
give
him
greetings,
take
a
photo
with
him
etc.)
With
his
Deen
and
he
will
walk
away
without
his
Deen.”
[Bukhari’s
Tareekh
&
Saheeh
Sahabi]
Finally
we
would
like
to
mention
the
Hadith
of
the
Prophet
(saw)
in
the
hadith
of
Musnad
Ahmed
that:
Abu
Dhar
said,
"I
was
with
the
Prophet
(SAW)
one
day
and
I
heard
him
saying:
"There
is
something
I
fear
for
my
Ummah
than
the
Dajjal."
It
was
then
that
I
became
afraid,
so
I
said:
"Oh
Rasool
Allah!
Which
thing
is
that?"
He
(SAW)
said;
"Misguided
and
astray
scholars."
[Musnad
Ahmad
(5/145)
No.
21334
and
21335]
6
The
Islamic
Perspective
on
Standing
up
for
a
Magistrate
or
Judge
someone
stands
up
for
you,
to
shake
his
hand,
especially
the
head
of
the
household
and
prominent
people.
This
is
a
matter
of
good
manners.
The
Prophet
(peace
and
blessings
of
Allah
be
upon
him)
stood
up
for
Faatimah,
and
she
stood
up
for
him,
may
Allah
be
pleased
with
her.
The
Sahaabah
(may
Allah
be
pleased
with
them)
stood
up,
on
the
Prophet’s
command,
for
Sa’d
ibn
Mu’aadh
when
he
came
to
pass
judgement
on
Bani
Qurayzah.
Talhah
ibn
‘Ubayd
Allaah
(may
Allaah
be
pleased
with
him)
stood
up
in
front
of
the
Prophet
(peace
and
blessings
of
Allah
be
upon
him)
when
Ka’b
ibn
Maalik
(may
Allah
be
pleased
with
him)
came
after
Allah
had
accepted
his
repentance;
he
shook
his
hand
and
congratulated
him,
then
sat
down.
This
is
the
matter
of
good
manners
and
this
is
broad
issue.
What
is
denounceable
is
when
people
stand
up
and
remain
standing
by
way
of
veneration.
But
if
a
person
stands
up
to
welcome
his
guest
and
honour
him,
or
to
shake
hands
with
him
or
greet
him,
this
is
something,
which
is
prescribed
in
Islam.
But
to
remain
standing
when
people
are
sitting
by
way
of
veneration,
or
standing
at
the
door
without
greeting
anyone
or
shaking
hands
with
anyone,
this
should
not
be
done.
Even
worse
than
that
is
standing
up
to
venerate
a
person
when
he
is
sitting
down,
not
for
the
sake
of
greeting
him
but
only
for
the
purpose
of
veneration.
There
are
three
kinds
of
standing
up,
as
the
scholars
said:
(1)
When
people
stand
up
for
someone
to
venerate
him
when
he
is
sitting
down,
as
the
Persians
venerated
their
kings
and
leaders,
as
described
by
the
Prophet
(peace
and
blessings
of
Allah
be
upon
him).
This
is
not
permitted,
and
for
this
reason
the
Prophet
(peace
and
blessings
of
Allah
be
upon
him)
told
them
to
sit
down
when
he
led
them
in
prayer
sitting
down.
He
told
them
to
sit
down
and
to
pray
behind
him
seated,
and
when
they
stood
up
he
said,
“You
almost
venerated
me
like
the
Persians
venerate
their
leaders.”
(2)
When
a
person
stands
up
when
another
person
comes
in
or
goes
out,
without
greeting
him
or
shaking
hands
with
him,
rather
simply
in
order
to
venerate
him.
This
at
the
very
least
is
makrooh.
The
Sahabah
(may
Allah
be
pleased
with
them)
used
not
to
stand
up
for
the
Prophet
(peace
and
blessings
of
Allah
be
upon
him)
when
he
came
in
to
them,
because
they
knew
that
he
(peace
and
blessings
of
Allah
be
upon
him)
disliked
that.
(3)
When
a
person
stands
up
for
someone
who
has
come
in,
in
order
to
shake
his
hand
or
to
take
his
hand
and
lead
him
to
a
seat,
etc.
There
is
nothing
wrong
with
that;
rather
it
is
the
Sunnah
as
mentioned
above.
(Kitaab
Majmoo’
Fataawa
wa
Maqaalaat
Mutanawwi’ah
li
Samaahat
al-‐Shaykh
al-‐
‘Allaamah
‘Abd
al-‐‘Azeez
Ibn
‘Abd-‐Allaah
Ibn
Baaz
(may
Allah
have
mercy
on
him),
vol.
4,
p.
394)
The
Prophet,
peace
and
blessings
be
upon
him,
would
sometimes
stand
up
for
others
as
a
sign
of
mutual
respect.
On
one
occasion,
the
Prophet
stood
when
the
funeral
of
a
Jewish
leader
passed
by
him.
Ibn
Abu
Laila
(may
Allah
be
pleased
with
him)
reported:
7
The
Islamic
Perspective
on
Standing
up
for
a
Magistrate
or
Judge
A
funeral
passed
by
the
Messenger
of
Allah,
peace
and
blessings
be
upon
him,
and
he,
peace
and
blessings
be
upon
him,
stood
up.
It
was
said
to
him,
“It
is
a
Jew.”
The
Prophet,
peace
and
blessings
be
upon
him,
said:
Was
he
not
a
soul?
(Source:
Sahih
Bukhari
1250,
Grade:
Muttafaqun
Alayhi)
On
another
occasion,
the
Prophet,
peace
and
blessings
be
upon
him,
commanded
the
companions
to
stand
for
Sa’d
Ibn
Mu’aadh
who
at
the
time
was
acting
as
judge,
saying:
“Stand
for
your
chief…”
(Source:
Sahih
Muslim
1768,
Grade:
Sahih)
For
this
reason,
a
number
of
scholars
hold
that
it
is
recommended
to
stand
for
the
people
of
virtue
as
long
as
it
is
not
done
excessively
or
in
exaggeration.
An-‐Nawawi
comments
on
this
narration,
saying:
This
implies
the
desirability
of
respecting
the
people
of
virtue
and
standing
for
them
when
they
arrive.
This
is
how
the
majority
of
scholars
established
the
desirability
of
standing.
Here
we
should
explain
the
two
above
mentioned
ahadith
that
some
may
cite
as
proof
for
standing.
Unfortunately,
they
are
used
either
out
of
context
or
without
mentioning
the
entire
hadith.
As
for
the
hadith
of
standing
for
the
great
Sahabi
Sa’d
Ibn
Mu’aadh
as
instructed
by
the
Prophet
(saw)
“Stand
for
your
chief…”
this
was
explained
by
some
scholars
for
the
following
two
reasons:
1. Sa’d
Ibn
Mu’aadh
(ra)
was
in
fact
injured
and
was
in
recovery
when
he
was
sent
for
by
the
Prophet
(saw)
to
come
give
his
verdict
on
the
Jews
of
Qurayzhah
who
had
been
captured
after
fighting
and
plotting
against
the
Prophet
(saw)
and
the
Muslim
community.
He
was
called
upon
by
request
of
the
Jews
while
in
a
state
of
illness
and
needed
help
un-‐mounting
from
his
ride.
2. The
people
that
stood
were
in
fact
the
people
from
the
tribe
of
Sa’ad
and
possibly
the
Jews
to
decide
the
case
of
Qurayzhah
as
they
requested
him
as
their
judge
in
their
case.
There
is
no
proof
that
the
prophet
(saw)
or
those
present
all
stood
up.
Those
who
use
this
as
a
proof
for
standing
are
yet
to
bring
forth
any
evidence
to
show
otherwise.
Al-‐Qadi
Iyad
said:
This
standing
is
not
the
standing
which
is
forbidden.
The
prohibition
is
when
one
is
seated
while
everyone
else
remains
standing
while
he
is
sitting.
(Source:
Sharh
Sahih
Muslim)
Moving
on
to
the
Hadith
for
the
standing
of
the
dead
Jew,
“Was
he
not
a
soul.”
The
Prophet
stood
for
Allah’s
angels,
not
for
dead
infidels:
Translation
of
meaning:
It
is
reported
on
the
authority
of
Anas
bin
Malik:
A
Jew’s
bier
passed
by
the
Messenger
of
Allah
and
he
stood;
and
[the
companions]
said:
O
Messenger
of
Allah
[saw],
it
is
a
Jew’s
bier.
He
[saw]
said:
But
I
stood
for
the
angels.
8
The
Islamic
Perspective
on
Standing
up
for
a
Magistrate
or
Judge
9
The
Islamic
Perspective
on
Standing
up
for
a
Magistrate
or
Judge
10
The
Islamic
Perspective
on
Standing
up
for
a
Magistrate
or
Judge
mankind
and
the
guidance
of
the
best
of
generations
and
follow
something
that
is
inferior
to
it.
And
the
chief
or
leader
should
not
approve
of
that
among
his
companions,
so
that
when
they
see
him
they
should
not
stand
up
for
him,
rather
they
should
simply
greet
him
in
the
usual
manner.
With
regard
to
standing
up
for
one
who
has
come
from
a
journey
and
the
like,
to
greet
him,
that
is
fine.
If
it
is
the
custom
of
the
people
to
honour
one
who
comes
by
standing
up
for
him,
and
if
that
may
make
him
feel
insulted
if
they
do
not
do
it,
and
he
does
not
know
the
custom
that
is
in
accordance
with
the
Sunnah,
then
it
is
better
to
stand
up
for
him,
because
that
will
create
a
good
relationship
between
them
and
will
remove
rancour
and
hatred.
But
if
a
person
is
familiar
with
the
custom
of
some
people
that
is
in
accordance
with
the
Sunnah,
not
doing
that
will
not
offend
him.
Standing
up
for
a
newcomer
is
not
the
standing
mentioned
in
the
words
of
the
Prophet
(peace
and
blessings
of
Allah
be
upon
him):
“Whoever
likes
the
people
to
stand
up
for
him,
let
him
take
his
place
in
Hell.”
Narrated
by
al-‐Tirmidhi,
2755;
classed
as
Saheeh
by
al-‐Albaani
in
Saheeh
al-‐Tirmidhi.
That
refers
to
when
they
stand
up
for
him
when
he
is
seated;
it
does
not
refer
to
when
they
stand
up
to
welcome
him
when
he
comes.
Hence
the
scholars
differentiated
between
the
two
types
of
standing,
because
those
who
stand
up
to
greet
a
newcomer
are
equal
with
him,
unlike
those
who
stand
for
one
who
remains
seated.
It
was
proven
in
Saheeh
Muslim
that
when
the
Prophet
(peace
and
blessings
of
Allah
be
upon
him)
led
them
in
prayer
sitting
down,
because
he
was
ill,
and
they
prayed
standing,
he
told
them
to
sit
down
and
said:
“Do
not
venerate
me
as
the
Persians
venerate
one
another.”
And
he
forbade
them
to
stand
in
prayer
whilst
he
was
sitting,
lest
they
resemble
the
Persians
who
used
to
stand
for
their
leaders
whilst
the
leaders
were
seated.
In
conclusion,
the
best
is
to
follow
the
customs
and
attitude
and
views
of
the
salaf
as
much
as
possible.
If
a
person
does
not
believe
in
that
and
is
not
familiar
with
this
custom,
and
if
not
dealing
with
him
in
the
manner
in
which
people
are
accustomed
to
showing
respect
will
lead
to
a
greater
evil,
then
we
should
ward
off
the
greater
of
two
evils
by
doing
the
lesser
of
them,
and
do
that
which
serves
a
greater
interest
at
the
expense
that
which
serves
the
lesser
interest.
End
quote
from
Shaykh
al-‐Islam
Ibn
Taymiyah.
11
The
Islamic
Perspective
on
Standing
up
for
a
Magistrate
or
Judge
The
definition
of
TAGHUT
in
the
Shariah
is
‘anyone
who
exceeds
the
proper
limits
by
ascribing
to
himself
any
of
the
rights
of
Allah
(Subhana
wa
ta‘ala)
and
makes
himself
a
partner
with
Allah
(Subhana
wa
ta‘ala)’.
What
is
a
Taghut?
Imam
Malik
(may
Allah
have
mercy
on
him)
defined
Taghut
as:
“Anything
or
anyone
worshipped
apart
from
Allah
(Subhana
wa
ta‘ala)”
And
this
is
a
general
definition,
which
includes
a
lot
of
things
that
are
worshipped
such
as
idols
«
Al-‐Asnam
»,
«
Al-‐Awthan
»,
graves,
stones,
trees
and
other
such
inanimate
objects.
This
definition
also
includes
Satan
(the
biggest
Taghut),
witches,
soothsayers
(claiming
knowledge
of
the
unseen),
those
who
are
pleased
with
people
directing
acts
of
worship
to
them,
and
those
who
legislate
(making
things
«
halal»
which
Allah
has
declared
«
haram
»
and
making
things
«
haram
»
which
Allah
declared
«
halal».).
All
these
are
Tawaghit
(plural
of
taghut)
that
every
Muslim
should
disassociate
himself
from
them
and
from
those
who
worship
them."
Muhammad
Bin
Abdul
Wahab
(may
Allah’s
mercy
be
upon
him)
said:
“The
TAWAGHIT
are
many
and
their
heads
are
five:
The
first:
Satan
who
invites
people
to
worship
other
than
Allah
(Subhana
wa
ta‘ala).
Allah
(Subhana
wa
ta’ala)
says:
“Did
I
not
command
you
Children
of
Adam,
that
you
should
not
worship
Shaitan.
Verily
he
is
a
plain
enemy
to
you.”
(Surah
36
verse
60)
The
second:
The
oppressive
ruler
who
changes
the
laws
of
Allah
(Subhana
wa
ta‘ala).
Allah
azawajal
says:
“Have
you
seen
those
(hypocrites)
who
claim
that
they
believe
in
that
which
has
been
sent
down
to
you,
and
that
which
was
sent
down
before
you,
and
they
wish
to
go
for
judgment
(in
their
disputes)
to
the
Taghut
(false
judges)
while
they
have
been
ORDERED
to
REJECT
them.
But
Shaitan
wishes
to
lead
them
far
astray.”
(Surah
An-‐
Nisaa
Ayah
60)
The
third:
The
one
who
does
not
govern
by
what
Allah
(Subhana
wa
ta‘ala)
has
revealed.
Allah
(Subhana
wa
ta‘ala)
says:
“Verily,
We
did
send
down
the
Taurat,
therein
was
guidance
and
light,
by
which
the
Prophets,
who
submitted
themselves
to
Allah’s
Will,
judged
for
the
Jews.
And
the
rabbis
and
the
priests,
for
to
them
was
entrusted
the
protection
of
Allah’s
Book.
Therefore
fear
not
men
but
fear
Me
and
sell
not
My
Verses
for
a
miserable
price.
And
whosoever
does
not
judge
by
what
Allah
has
revealed
are
the
Kafirun
(disbelievers).”
(Al
Maidah
Ayah
44)
The
fourth:
The
one
who
claims
knowledge
of
the
unseen.
12
The
Islamic
Perspective
on
Standing
up
for
a
Magistrate
or
Judge
13
The
Islamic
Perspective
on
Standing
up
for
a
Magistrate
or
Judge
14
The
Islamic
Perspective
on
Standing
up
for
a
Magistrate
or
Judge
And
the
Tafsīr
of
the
Qunūt
has
been
confirmed
in
the
Sahih
(i.e.
Muslim)
from
the
Hadith
of
Zayd
Ibn
Arqam
(ra)
wherein
he
stated:
"So
we
were
ordered
to
remain
quiet,
and
we
were
forbidden
from
speaking"
So
the
likes
of
this
standing
in
this
way,
if
it
was
diverted
to
other
than
Allah,
then
it's
Shirk,
whether
it
was
to
a
human
being
or
rock
or
tree
or
anything
else,
and
what's
well
known
is
that
the
Qunūt
that
is
present
in
the
army
is
stricter
and
greater
than
the
Qunūt
which
is
present
in
the
standing
of
Salah.
For
during
Salah,
he
can
recite,
and
it's
permissible
to
make
slight
movements,
and
relaxing
the
feet,
and
killing
the
two
black
ones
(i.e.
Snake
and
Scorpion),
and
holding
a
child,
and
other
than
that.
And
this
is
all
prohibited
in
the
army,
so
if
you
add
to
that,
raising
the
hand
to
the
forehead
or
to
his
weapon
and
what's
similar
to
that,
then
it
is
like
a
form
of
committing
an
act
of
worship
to
others,
also
with
beating
the
man
for
him
to
submit
as
well,
as
it
has
been
narrated
in
the
famous
authentic
Hadith:
"The
angels
beat
their
wings
in
submission
to
Him
(i.e.
Allah)."
So
all
these
things
make
the
Standing
that's
present
in
the
army
as
a
type
of
'Ibādah
(act
of
worship)
whether
it
was
for
a
commander
or
star
or
flag,
and
the
example
is
given
by
the
realities
&
meanings,
infact
it
is
greater
than
the
'Ibādah
which
is
present
in
the
Salah
as
we
previously
stated.
So
if
this
is
affirmed,
the
misconception
that
he
mentioned
is
cleared
up,
like
his
statement
regarding
exalting
the
black
stone
and
other
than
that,
so
this
is
a
different
topic,
it
differs
completely
(from
what
we're
talking
about),
for
if
a
man
diverted
an
act
of
worship
to
the
black
stone
or
the
ka'bah
and
what's
similar
to
that,
then
he
becomes
a
Kāfir
(disbeliever).
And
the
Shirk
which
is
mentioned
in
the
army
is
not
simply
for
exaltation
alone,
rather
it
is
the
Shirkī
exaltation,
and
this
brother
of
ours,
may
Allah
give
him
success,
took
the
mutual
tie
with
regards
to
the
word
"exaltation",
and
he
didn't
pay
attention
to
the
difference
(in
application
&
meaning),
I
ask
Allah,
glorified
is
He
to
give
success
to
everyone
towards
what
He
loves
and
is
Pleased
with.
And
(the
Shaykh),
may
Allah
preserve
him,
stated
elsewhere:
Verily
this
salutation
and
submission
is
for
the
(promotion)
ranking
(stars
and
badges),
because
it
stands
for
royalty,
and
they
call
it
the
royal
pursuit,
while
worshipping
other
than
Allah
doesn't
differentiate
between
worshipping
a
human
being
or
rock,
except
that
this
severs
the
proof
made
by
those
who
make
the
issue
from
the
category
of
Sujūd
al-‐Tahiyyah
(prostration
of
salutation)
which
was
prescribed
(in
the
previous
nations),
and
was
abrogated
in
our
Shariah,
because
this
cannot
be
imagined
(in
doing
so)
with
rocks
and
inanimate
objects.
And
this
is
all
a
legislation
by
the
constitution
which
must
be
complied
with,
and
the
one
who
doesn't
comply
with
it
is
punished
like
the
one
who
delays
Salah,
so
15
The
Islamic
Perspective
on
Standing
up
for
a
Magistrate
or
Judge
ponder
over
all
these
matters,
and
free
yourself
from
the
norms,
familiarity
&
love
and
traditions
(i.e.
be
unbiased),
undoubtedly
it
is
a
Shirkī
'Ibādah
(act
of
worship)
to
other
than
Allah
(Shirk
Akbar),
this
is
a
brief
discussion
regarding
it,
and
I
ask
Allah
to
keep
you
firm,
preserve
you
and
hasten
your
release.
End
quote
from
the
Imam,
Shaykh
Nāsir
al-‐Fahd
(may
Allah
preserve
him).
Therefore,
we
come
to
learn
that
the
act
of
standing
can
fall
under
major
shirk,
and
the
Shaykh
mentioned
situations
where
standing
would
be
considered
Harām.
As
for
when
standing
would
be
permissible,
this
is
when
someone
stands
up
to
shake
hands
with
his
Muslim
brother
that
came
on
a
journey
to
him,
or
embracing
his
brother
by
inviting
him
to
his
home,
and
in
these
kind
of
situations
which
Rasūlullāh
and
the
Sahabah
used
to
do
in
his
presence.
As
the
issue
of
standing
has
been
briefly
touched
on,
we
will
now
address
the
contemporary
issue
of
standing
up
for
a
Taghut
judge.
Many
scholars
and
shaykhs
have
been
asked
about
this
issue.
The
following
is
a
summary
of
their
prominent
views:
1.
If
someone
stands
up
for
a
Taghut
judge
out
of
honour
for
him,
this
would
be
a
standing
of
major
shirk
and
disbelief.
This
situation
is
rare
to
find
among
our
brothers,
but
we
simply
mention
it
here
to
lay
out
the
different
scenarios
to
the
topic.
2.
If
someone
stands
up
for
the
Taghut
judge
out
of
fearfulness
or
merely
trying
to
fit
in,
this
would
be
considered
Harām.
The
reason
being
is
Rasūlullāh
has
prohibited
the
act
of
standing
up
for
people,
which
may
include
teachers
and
shaykhs,
so
imagine
the
case
with
a
Taghut
judge.
3.
If
someone
stands
up
for
the
Taghut
judge
out
of
Darūrah
(necessity),
such
as
if
refusing
to
stand
is
punishable
which
may
cause
harm
for
the
prisoner,
then
in
this
case,
it
would
be
Halal
to
stand
up
for
the
Taghut
judge,
since
the
well-‐
known
Fiqh
principle
states,
necessities
permit
what
is
unlawful.
However
if
someone
prefers
to
not
stand
up
and
be
proud
of
his
Deen,
then
that's
more
rewarding
Inshā'Allāh.
These
are
the
three
different
rulings
concerning
the
issue
of
standing
up
for
a
Taghut
judge.
We
will
now
mention
some
practical
strategies
that
one
may
use
in
dealing
with
this
situation.
Firstly:
One
may
walk
into
the
court
room
and
remain
standing
for
the
complete
hearing,
so
that
way
he
does
not
have
to
receive
an
order
of
standing
up
for
the
Taghut
judge.
Secondly:
One
may
walk
into
the
court
room
and
sit
down,
but
just
before
he
thinks
he
would
be
called
by
the
judge,
he
can
choose
to
stand
up
on
his
own
without
being
ordered
to
do
so,
and
this
will
absolve
any
blame
from
him,
16
The
Islamic
Perspective
on
Standing
up
for
a
Magistrate
or
Judge
Inshā'Allāh.
And
Allah
knows
best.
Conclusion
After
reading
the
above
evidences
it
is
very
easy
for
a
sincere
Muwahid
to
acknowledge
the
truth
presented
here
and
the
counter
arguments
against
those
who
wish
to
pick
and
choose
from
Allah’s
Laws
and
the
Shariah
of
his
Prophet
Mohammed
(saw).
It
remains
a
fact
that
Muslims
in
Australia
are
generally
prone
to
more
pressure
and
it
may
result
in
harm
(financially
or
otherwise)
if
they
refuse
to
stand
in
court.
First,
we
say
if
a
Muslim
is
strong
enough
to
endure
the
outcomes
of
his
or
her
action
by
not
standing
to
a
judge
of
Taghut
then
we
commend
them
and
ask
Allah
to
protect
them,
as
this
action
is
permissible
under
the
shariah
and
the
Muslims
should
refrain
from
chastising
anyone
following
a
legitimate
opinion,
especially
the
more
correct
one.
As
for
those
who
have
read
the
above
and
do
not
want
to
stand
but
are
in
fear
for
their
safety
and
further
persecution,
then
know
that
a
Muslim
should
use
wisdom
and
our
advice
is
as
follows:
when
entering
the
court
due
to
ikrah
(forced
to)
we
recommend
that
you
enter
either
after
the
judge
has
come
in,
if
you
are
not
able
to
do
so
then
enter
the
court
before
the
judge
and
remain
standing
then
when
you
see
it
fit
sit
down.
As
for
standing
for
the
judge
to
leave
it
is
better
to
remain
sitting
and
is
closer
to
the
correct
opinion
but
if
again
you
are
afraid
of
repercussions
then
stand
before
anyone
stands
or
asks
you
to
stand.
We
know
of
a
case
in
which
one
brother
entered
the
courthouse
standing
and
remained
standing
throughout
the
court
procedure
and
remained
that
way
until
he
was
given
his
verdict.
Dear
reader
the
issue
of
standing
in
a
court
for
a
Taghut
judge
with
oppressive
man-‐made
laws
is
an
issue
of
Tawheed,
so
do
not
take
it
lightly.
We
have
tried
our
best
to
cover
all
aspects
of
this
topic
and
we
ask
Allah
to
accept
it
from
us
and
may
it
be
heavy
in
our
book
of
good
deeds
on
the
Day
of
Judgment.
Allah
knows
best.
Brothers
Behind
Bars
1
February
2018
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END
OF
DOCUMENT
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