Full Lecture Transcript (Cleaned)
Background — 0:00
Someone showed me a fatwa from a well-known sheikh of another country who declared that participating in protests is haram. I recently participated in a protest against Modi's visit and commented positively about it, and now I am confused. What is the response?
Muslims Should Get Their Fatwa from Their Own Scholars — 0:30
One of the positions I have been advocating for many years is that Muslims in any community should take their fatwa from scholars who live in their own communities. Culture plays a role in knowledge because we are all human beings. Even the greatest scholars are impacted by their culture.
A classic example: when the Mongols invaded Damascus and were laying in the streets drunk, Ibn Taymiyya's students wanted to command them to stop. Ibn Taymiyya said: let them drink. The students were shocked. But Ibn Taymiyya explained: when these soldiers are sober, they plunder, steal, rape, and kill. When they are drunk, they are lying in the streets harming only themselves. Between the two, it is better they stay drunk. This is what scholars call "contextual fiqh" — taking circumstances into account.
Giving a fatwa half consists of knowing the context of the people you are giving it for. When you outsource your knowledge to a mufti on another continent, you will import something not applicable to your environment.
The Fatwa Declaring Protests Haram — 3:00
This great scholar of that land said protests are haram. He said protests are a form of chaos. He said shouting in the streets is unbecoming the dignity of a Muslim. He brought generic evidences about not opposing rulers.
With respect to this scholar, I have to point out: when a fatwa is given by an authority and that fatwa is very politically convenient for the kings and rulers of that land, one needs to be careful. Human beings are human beings, and even scholars can be influenced. You see the establishment giving one fatwa and those outside the establishment giving another. You have to scratch your head and wonder.
Also, look at the word "haram." Haram means Allah will potentially punish you. It comes with a warning label — only use in extreme cases. By what evidence is he saying protests are haram? There is nothing explicit in the Quran and Sunnah saying Allah has forbidden protests.
Evidence That Protests Are Not Haram — 6:00
In American culture, protests mean something very different. They draw public attention to problems people were unaware of. They bring about real change.
Look at the civil rights movement — the entire country and its laws changed because of public protests in Birmingham, Alabama. Gandhi's nonviolent protests, beginning with the Salt March, threw off British colonialism. These protests changed the course of history.
Even in classical Islamic history, protests occurred. When the price of basic food became unbearable, there were protests in the streets. When the Crusaders took Jerusalem and the khalifah in Baghdad did nothing, Muslims went to the streets in Baghdad to protest his inaction and demand action. You can even argue that when Aisha (radiAllahu anha) and others gathered and marched from Mecca to Basra in the beginning of the Battle of the Camel — the original intent was a protest, not a battle. They wanted to draw attention to the unpunished killers of Uthman. The battle was not intended — it began as a demonstration.
The American Context — 8:00
In North America, the founding fathers bitterly resented that the British King prohibited them from petitioning their grievances. They felt it was unjust that they could not even protest on the street. That is why they enshrined the right to protest in the Constitution. The government can regulate where and how, but peaceful protest is guaranteed.
For a scholar of another land — where the king's decree says do not protest and a fatwa conveniently follows — to apply that fatwa to this country makes no sense. No scholar who is effective and knowledgeable about this land that I am aware of says protests are haram here.
The protest we participated in against Modi's visit was covered by the Houston Chronicle, CNN, and international media. Thousands of Americans who had no idea about the situation in Kashmir became aware because of that protest. That awareness is the beginning of change.
The Ruling — 10:00
Protests are not intrinsically haram. They are not necessarily mustahab or wajib either. It is a case-by-case scenario. In North America generally, when the law is on our side and we have the constitutional right to do so, protests are mubah. Listen to the scholars of your local region and see what they say in each specific situation. And Allah knows best.