The Explanation of Sharah as-Sunnah of Imam Barbaharee
by brother. Mustafa George (hafidhuallah)
December 10, 2010
My notes taken from audio (link below):
Shaykh Fowzan in his explanation said: “from the foundations of the beliefs of ahul sunnah which are based on the book of allah and the sunnah are hearing and obedience to leaders of the believers”
The prophet (Sallallahu alayhi wa sallam) said: “Obedience is in that which is correct, there is no obedience to the creation whilst there is disobedience to the creator.” If a Muslim leader orders with a sin, it doesn't mean that he is no longer a leader it means obey in that which is good, why does he remain a leader than? Because a Muslim society need a leader, without a leader there is chaos.
For example Like in Iraq, when you had Saddam Hussein you had police officers, jails, courts there is no doubt they weren't ruling by the book of Allah but there was order in the society. In different non-Muslim lands, they are not ruling by the the book of Allah but there is still order, individuals cant harm you or steal from you without being brought to justice. What happens when there is no ruler? There is turmoil, there is crime and disorder people are not scared. The affair of having a ruler is greater. Its not only looked at the ruler, ordering by that which is good and what is a sin, it is also looked at the ruler being the head of society and bringing stability in the society. When Saddam was overthrown you had Iraqis wishing he was back, as there was order.
Shaykh Fowzan says “whoever is placed as a ruler with the consensus of the people than he becomes a ruler"
This informs how a person becomes a leader
The First way:
The Author mentions that he is chosen by the believers. what is meant by the believers are the people of influence and power from amongst the scholars and governors, they choose who the leader is. The scholars are the first, than you have the ministers and governors, the people of politics in an islamic society not communism and the like. The leaders of the army. It doesn't mean that everyone is able to choose.
Mustafa George mentions: “Some Muslims support democracy. Democracy says that everyone has a right. Shaikh Muhsin Al Abbad has a book on democracy called “Justice is in Islaam and not in Democracy”, where he clarifies as to how can one say that everyone should have a voice? Does that mean that a fornicator, a drunkard (we are not talking about people who committed fornication once and repented, but we are talking about those who do it over and over) should they have a voice? Does that mean an individual who is corrupt inwardly and outwardly must have a voice? If we said Yes, then those individuals are only going to choose those people that support their views, the person who is an adulterous, fornicator drunkard they are going to support those who assist them in their life. Everyone can not choose.
Shaykh Fowzan says “It doesn't mean everyone has to come to choose the ruler, the children, the women, the people of society, Bedouins. No, because the people in society they follow the governors and the likes and they choose the ruler. When is time to choose a ruler, scholars come together with ministers and they choose a ruler and the people follow them in their judgment. Is not for everyone to say “I have a say in the matter” this is not the correct understanding. So when the people of influence and power choose a ruler, it becomes incumbent upon everyone of to follow them and obey.
The example of this is that which took place during the rulership of Aboo Bakr (ra). Verily the companions after the death of Prophet sal lal lahu alyhi wasal, they agreed and gave an oath to Abu Bakr (ra). After the death of Prophet Muhammed (saw) in Madeena, you had companions choosing Abu Bakr (ra) as a ruler. Did the people of Egypt come? No. Did the people of Yemen come? No. When they were informed that the companions came together and chose Aboo Bakr as the leader, everyone felt into line and they agreed. Why? Because the senior scholars had agreed, they are the religious people, governors and they chose who to lead.
And the door wasn’t open for everyone to come and give their opinions. That wasn't the way it was done because this is the duty of the specific people of influence and power, so the Muslims chose Aboo Bakr and this is the sahabas at that time were the scholars, they were were the governors etc. They selected and everyone agreed.
The Second way:
The second way a leader comes into place, Shaikh Saleh Fowzan mentions is when the person in power chooses the person after him. When death approached Aboo Bakr As siddeq (ra), he specifically chose Umar (ra) as the leader. The Muslims heard and they obeyed.
What is the proof for this? The proof is the action of Aboo Baker and hadith of the prophet (saw) when he said “upon you is my sunnah and the sunnah of my rightly guided Khulafa” [Aboo Daawood (#4607), at-Tirmidhee (#2676) and others]
And Abu Bakr (ra) is the first khalifa. This is the way Abu Bakr (ra) selected the leader, and we take this upon ourselves. And we also have the fact that no one from the other companions objected to Aboo baker deciding whom to choose. And that is considered ijmaa (consensus). And consensus is an established proof in Islaam. Prophet sal lal lahu alyhi wasalam said. “My Ummah would not agree upon something,that is incorrect.” So since there was a consensus, this is something legislated in our religion
The Third way:
The third way it takes place is, if one of the Muslims overpowers and has taken over the control of the people then he becomes the leader. (let’s say if there is a turmoil and the likes of that, an individual takes over and unites the people and he has the strength, then he becomes the leader).And this was done during the time of Abdul Malik bin Marwan. After the death of Yazeed bin Muawiya, there was an ikhtilaaf as to who will become the leader and Abdul Malik bin Marwan took over the khilafa. He was a very strong and serious individual and because of him taking the khilafa Allah subhanawatala brought good about and the Muslims fell into place.
http://www.wiziq.com/online-class/425446-sharhu-sunnah-by-imam-al-barabaharee-riyadh-al-saliheen 
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