For any entity — whether an alliance, state, or party — to confront its external enemy, it must first maintain the strength and resilience of its internal front. To achieve this, national unity must be strengthened, morale must be elevated, and the enemy’s attempts to psychologically influence the community to lower morale must be thwarted.

However, there are two types of people living among us who offer free services to the enemy, whether knowingly or unknowingly: the deserters and the rumor-mongers. Who are they? What danger do they pose? How should we deal with them? This is what we will attempt to answer in this article, seeking Allah’s guidance and success.

First: How to Deal with Deserters

Firstly, it is necessary to define deserting. Ibn Faris said: To abandon or sit out of something. Meaning to abandon assistance. Al-Raghib stated: It refers to abandoning someone whom one would have been expected to support. Someone is called a deserter if they frequently let others down. Allah says, “And ever is Satan, to man, a deserter.” (Al-Furqan: 29) Al-Biqa’i commented: “He is extreme in his abandonment — he leads one astray and then leaves him to the worst fate without assistance.”

Thus, deserting is a practice mastered and constantly carried out by Shaitan, and I believe that deserters are followers of Shaitan.

Letting down results in a loss of trust due to the absence of an expected stance or action from a specific person or entity.

Failing to meet expectations or fulfill promises leads the waiting individual to feel betrayed or disappointed. Deserting often occurs in human relationships when one expects support or loyalty from another and receives nothing. This feeling is typically linked to psychological pain because abandonment often comes from those we trust or love. Overcoming this feeling requires time and psychological effort to recover and regain balance.

How to Deal with Deserters

The primary goal in dealing with deserters should be to transform them into supporters. This is not easy but not impossible. Below are steps that may help achieve this:

1. Understanding the Reasons for Deserting: Deserters should not all be treated the same way. Someone who deliberately deserts others differs from someone who does so out of ignorance or weakness, requiring different approaches.

It’s essential to listen to the deserters to understand their motivations. The cause might be a lack of motivation, fear, misunderstanding, or external circumstances. This necessitates having an honest dialogue by asking questions like: “What prevented you from supporting me?” or “What do you need to become a supporter?” The answers to such questions can reveal a lot.

After identifying the reasons for deserting, efforts should be made to rebuild trust with those who did not intend to be deserters.

2. Rebuilding Trust: If deserting was due to misunderstanding, work to correct it and promote transparency in the relationship. Show the person that you appreciate their support and trust their ability to assist in the future.
3. Setting Clear Expectations: Be clear about what you expect from them and how they can practically offer support. Sometimes, people abandon others simply because they do not understand their role well enough.
4. Positive Encouragement: Use praise and encouragement when they take supportive actions. Focus on the positives rather than direct criticism.
5. Involving Them in Decision-Making: Give them a role in making decisions or taking responsibilities related to the shared goal. This gives them a sense of importance and belonging.
6. Promoting Shared Responsibility: Explain how their success or failure in supporting you affects the bigger picture for the Muslim Ummah as a whole, making them feel the weight of their decisions.
7. Firmness When Necessary: If they persist in abandonment despite all efforts, it may be necessary to have an honest conversation about the impact of their behavior on the community and Muslim causes. Clarify the consequences of their actions in a way that motivates change rather than inducing guilt.
8. Lead by Example in Support: Demonstrate how support can be powerful and impactful through your own actions. By being a loyal supporter, you inspire others to follow your lead.

Remember that change requires time and patience. Not everyone will immediately become a supporter, but through continuous communication and encouragement, significant transformation can be achieved, reflecting in firmness and determination for those deserving of support.

How to Handle Those Affected by Abandonment

1. Encourage Them to Express Their Feelings: Whether feelings of sadness or anger, they should be expressed in healthy ways, such as writing, talking to a trusted friend, or using social media to share emotions. Their expressions should be accepted even if they occasionally deviate toward extremism because the feelings of someone deserted may throw them off balance.
2. Acceptance: Accept that abandonment is part of the human experience and can happen to anyone. The Prophet (peace be upon him) described the victorious group by saying: “They will never be harmed by those who forsake them.” This implies that deserting is inevitable from some people.
3. Reassess Expectations: The person who got deserted should reassess their expectations of others. Sometimes, the cause of abandonment is having high and unrealistic expectations. They should learn from the experience to choose more trustworthy parties in the future.
4. Forgiveness and Letting Go of Anger: Forgiveness does not necessarily mean forgetting the situation or returning to the person who let them down. Rather, it means freeing oneself from the burden of anger, which can weigh heavily on the affected person. They should not let being deserted prevent them from trusting others.

Second: How to Deal with Rumor-Mongers

Definition of Rumormongering:
Spreading rumors comes from disturbing and causing unrest either through action or words. Allah says, “And those who spread rumors in al-Madinah.” (Al-Ahzab: 60)

Accordingly, gossipers seek to destabilize society and create disorder by spreading fear or anxiety among people through lies, misinformation, or exaggeration, often with the aim of undermining stability or inciting discord. The term rumormongering is used to describe the spreading of false or exaggerated information to cause psychological or societal disruption.

In the Quran, it appears in the following ayah: “If the hypocrites and those in whose hearts is disease and those who spread rumors in al-Madinah do not cease, We will surely incite you against them; then they will not remain your neighbors therein except for a little. Accursed wherever they are found, [being] seized and massacred completely. (Al-Ahzab: 60-61) Al-Biqa’i commented: “The hypocrites are those who conceal disbelief and outwardly show Islam, and those with sickness in their hearts are inclined toward hypocrisy and sin. The rumormongers in al-Madinah are those who spread frightening news among Muslims that cause hearts to tremble, whether they belong to the first two groups or not.”

Traits of Rumormongers

To identify rumormongers, their traits can be summarized in three points:

1. Spreading news without verifying its accuracy.
2. Exploiting crises or events to incite fear and chaos.
3. Working for personal or group interests aimed at destabilizing security and peace.

How to Deal with Rumormongering

1. Verify news sources and avoid believing or sharing information without confirmation.
2. Raise awareness and educate people about the dangers of rumors.
3. Be firm and hold accountable those who spread rumors to cause harm, exclude them, and warn of their danger.

The Relationship Between Deserting and Rumormongering

There is a relationship between deserting and rumormongering, as both weaken morale and destabilize society. However, they differ in method and objective:

Similarities:

• Both weaken resolve: Abandonment dampens spirits and persuades people to withdraw, while rumormongering spreads fear and doubt, leading to the same result — weakened action or surrender.
• Both use words as weapons: Deserting involves discouraging phrases like “You can't do it” or “It’s pointless,” while rumormongering involves exaggerations or false information, such as “The situation is dire” or “The enemy is unbeatable.”
• Both harm the community: Deserting can lead to loss of trust and withdrawal, while rumormongering can incite division and weaken unity.

Differences:

• Deserying: Directly discourages determination and calls for withdrawal or abandoning goals, often in a personal or direct manner, such as persuading an individual or group not to continue a certain endeavor.
• Rumormongering: Spreads fear and unrest through rumors or lies, aiming to destabilize society in general, often on a larger scale (affecting an entire community or group).

The Connection:
Deserting can be a tool of rumormongering, as rumor spreaders may use tactics as part of their plans to incite chaos. For example, they may spread false news about the strength of the enemy (rumor-mongering), prompting some individuals to demoralize others (dissuading).

In conclusion, rumormongering is broader and more dangerous than abandonment because it relies on creating chaos on a larger scale, whereas deserting focuses on directly influencing individuals or groups. Both require decisive confrontation to promote hope and awareness.

We seek refuge with Allah from being among the dissuaders or the rumormongers.

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Question:

My nephew lives in America and studies at university. He heard your fatwa regarding the ruling on interest-based loans for education in America and understood from it that such loans are haram (impermissible).

Does this mean that Muslims in America will remain unqualified and poor?

For what is the value of a bachelor's degree without pursuing higher education? Even teaching requires one or two more years of study to become a basic teacher.

So what about medical, engineering, and law students? According to your fatwa, are they not allowed to study?!

Here in the West, we pay hefty taxes for pensions, food, and living expenses. What do you suggest as a solution? Keep in mind that we can’t deduct the interest from taxes.

You have put the youth in a crisis. You need to correct your fatwa for them.

Answer:

In the Name of Allah, the Most Merciful, the Most Compassionate

All praise is due to Allah alone, and may peace and blessings be upon His Messenger.

It is actually they who have put themselves into a crisis due to their misunderstanding!

And you have put yourself in a similar crisis by following their flawed understanding, then by audaciously criticizing the scholars issuing fatwas without proper thought or verification!

We have issued a comprehensive fatwa from the Assembly of Muslim Jurists of America, clarifying the permissible cases for these loans. I will present it to you in its entirety so that you may correct your understanding first, then your son can correct his understanding accordingly.

You should also learn how to address scholars and avoid speaking against them in an inappropriate manner. May Allah forgive you and guide you to righteous speech!

Praise be to Allah, and may peace and blessings be upon the Messenger of Allah, his family, and companions.

After reviewing the issue of student loans, the Assembly of Muslim Jurists of America issued a ruling, which I present here word for word, as it contains the answer regarding student loans:

• The default is the forbiddance of interest-based loans regardless of whether these loans are for students or otherwise due to it falling under the clear interest that the scholars unanimously agreed, past and present, on its impermissibility. It is incumbent that all efforts are spent in finding permissible alternatives before leaping to the justification of urgency or need.
• In the world of Western Universities, academic scholarships are granted for the outstanding (students) and unable (to afford), alongside work-study opportunities that allow for combining between studying and earning, by which one can avoid falling into these loans. Also, there may be subsidized loans that the nation pays its interest if the student is able to repay all he owes within six months of his graduation. In addition, there are grants provided by some companions and institutions in exchange for employment contracts with it after graduation. It is incumbent that one spends his efforts in (trying) all this.
• If all of these are inexistent, and the interest-based loans are the only way to facilitate the beginning or continuation of a university education, or the only way to secure the Muslim communities need for what cannot be done without of professions and expertise, then this is considered an urgent necessity that removes the sin even though the ruling of impermissibility remains. This is upon the condition that the one forced to this isn’t an aggressor nor transgressor, and this is by giving the urgent need its proper estimate, and by continuing to search for a permissible alternative and breaking free of these interest-based loans when one is first able to do so in order to minimize the interest amount paid as much as possible. We emphasize the need to return to the people of Fatwa (i.e. qualified to passed a juristic opinion on Islamic Law) to estimate these needs and urgencies. It isn’t correct that for just anyone to assume the responsibility to do this, or to measure his need on the need of others.

And Allah knows best.

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Taken from fatawaalsawy.com

All praise is due to Allah, and may peace and blessings be upon the Messenger of Allah, his family, and companions.

There is no doubt that Al Israa Wal Miraj are among the great signs of Allah that demonstrate the truthfulness of His Messenger Muhammad ﷺ and his esteemed status with Allah, the Most High. These events also signify Allah’s immense power and His exaltedness above all His creation. Allah, the Most High, says, “Exalted is He who took His Servant by night from al-Masjid al-Haram to al-Masjid al-Aqsa, whose surroundings We have blessed, to show him of Our signs. Indeed, He is the Hearing, the Seeing.” [Surah Al-Isra: 1]

It has been authentically reported from the Messenger of Allah ﷺ that he ascended to the heavens, where its gates were opened for him until he passed beyond the seventh heaven. Allah spoke to him directly and imposed upon him the five daily prayers. Initially, Allah had made fifty prayers obligatory, but our Prophet Muhammad ﷺ continued to ask for their reduction until they were reduced to five. Despite this, they remain equivalent to fifty in reward because each good deed is rewarded tenfold. So to Allah belongs all praise and gratitude for all His blessings.

As for the specific date on which Al Israa Wal Miraj occurred, there is no authentic narration confirming its exact timing, neither in the month of Rajab nor any other month. All reports attempting to specify the date are not authentic according to the scholars of Hadith. Allah, in His infinite wisdom, has concealed its exact timing.

Even if the exact date had been established, it would not be permissible for Muslims to designate it with specific acts of worship or to celebrate it. This is because the Prophet ﷺ and his companions did not celebrate this night nor did they allocate any particular worship for it. Had it been a legislated practice, the Prophet ﷺ would have clarified it to the Ummah either through his words or actions. Had this occurred, it would have become known and widespread, as the companions of the Prophet ﷺ transmitted everything the Ummah needed without neglecting any aspect of the religion.

If celebrating this night were a legitimate act of worship, the companions would have been the first to observe it. The Prophet ﷺ was the most sincere in advising people and conveyed the message of Allah completely and thoroughly. If honoring and celebrating this night had been part of Allah’s religion, the Prophet ﷺ would not have neglected it or concealed it. Since nothing of this sort occurred, it is clear that celebrating it and venerating it is not part of Islam.

Allah has perfected this religion for the Ummah and completed His favor upon it. He has denounced those who introduce into the religion matters that Allah did not permit. Allah says in His clear Book: “This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion.” [Surah Al-Ma’idah: 3]

And He says, “Or have they other deities who have ordained for them a religion to which Allah has not consented? But if not for the decisive word, it would have been concluded between them. And indeed, the wrongdoers will have a painful punishment.” [Ash-Shura: 21]

Authentic Hadiths from the Messenger of Allah ﷺ warn against innovations and explicitly state that they are misguidance. These warnings were meant to alert the Ummah to the grave danger of innovations and to deter them from committing them. Among these narrations is what has been reported in Sahih Al-Bukhari and Muslim from Aisha (may Allah be pleased with her) that the Prophet ﷺ said: “He who innovates something in this matter of ours (i.e., Islam) that is not of it will have it rejected (by Allah).” In another narration from Muslim: “He who does an act which we have not commanded, will have it rejected (by Allah).” In Sahih Muslim, Jabir (may Allah be pleased with him) reported that the Messenger of Allah ﷺ used to say in his Friday sermon: “The best discourse is God’s Book, the best guidance is that given by Muhammad, and the worst things are those which are novelties. Every innovation is error.” An addition in Al-Nasa'i with a sound chain states: “Every misguidance is (a cause to enter) the Fire.”

In the Sunan, Al-Irbad ibn Sariyah (may Allah be pleased with him) said: “The Messenger of Allah (peace and blessings of Allah be upon him) gave us a sermon by which our hearts were filled with fear and tears came to our eyes. So we said, “O Messenger of Allah! It is as though this is a farewell sermon, so counsel us.” He (peace and blessings of Allah be upon him) said, “I counsel you to have taqwa (fear) of Allah, and to listen and obey [your leader], even if a slave were to become your ameer. Verily he among you who lives long will see great controversy, so you must keep to my Sunnah and to the Sunnah of the Khulafa ar-Rashideen (the rightly guided caliphs), those who guide to the right way. Cling to it stubbornly [literally: with your molar teeth]. Beware of newly invented matters [in the religion], for verily every bidah (innovation) is misguidance.”

And the Hadiths regarding this meaning are many.

It has also been authentically reported from the companions of the Prophet ﷺ and the righteous Salaf after them that they warned against innovations and cautioned people from engaging in them. This is because innovations constitute additions to the religion and a legislation that Allah hasn’t authorized. They resemble the practices of Allah's enemies, such as the Jews and Christians, who introduced into their religions matters that Allah did not permit. Furthermore, innovations imply a deficiency in the completeness of Islam and an accusation that it is lacking, which is a severe corruption and a blatant contradiction to Allah’s statement: “This day I have perfected for you your religion.” [Al-Ma’idah: 3] It also contradicts the explicit Hadiths of the Prophet ﷺ that warn against and discourage innovations.

I hope that the evidence mentioned here is sufficient and convincing for the seeker of truth in denouncing this innovation—the innovation of celebrating the night of Al Israa Wal Miraj—and warning against it. It is not part of Islam in any way. Out of the obligation to advise Muslims, clarify what Allah has prescribed for them, and forbid the concealment of knowledge, I saw it necessary to alert my Muslim brothers to this innovation, which has become widespread in many regions to the extent that some people think it is part of the religion.

I ask Allah to rectify the affairs of all Muslims, grant them understanding in the religion, and guide us and them to adhere firmly to the truth, abandon anything contrary to it, and remain steadfast upon it. Indeed, He is the One capable of doing so. May Allah’s peace, blessings, and mercy be upon His servant and Messenger, our Prophet Muhammad, and upon his family and companions.

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Taken from Shaykh Abd al-Aziz Ibn Baz Official Website.  

Question:

I am a male and the youngest child of four sisters, all of whom are married. My father owned a house, an apartment, and a car. Before my parents passed away, they sold the apartment to me and instructed me not to inform my sisters of this matter until after their death. I followed their instructions. Is this apartment my rightful property, or should my sisters inherit a share of it?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful
All praise is due to Allah, and peace and blessings be upon the Messenger of Allah, his family, and his companions.

The default ruling — as it appears to us — is the obligation to treat one's children equally in gifts, as the Prophet Muhammad (peace and blessings be upon him) said: “Fear Allah and treat your children equally.” Favoritism among children is not permissible without a legitimate reason. If favoritism occurs without justification, the father is sinful and must repent in one of two ways: either by returning what was given in excess to the others or by giving the others an equal share. If the father dies before correcting this situation, the ruling differs based on two scenarios:

1. If the favoritism occurred during the father’s healthy state: Most scholars hold that the gift remains valid if it was completed by the recipient taking possession, even if there was favoritism. However, the heirs are encouraged to achieve justice and rectify the division voluntarily.

Imam Ahmad held a view that the other heirs have the right to reclaim the unjust gift. Shaykh al-Islam Ibn Taymiyyah stated: “If someone favored some of his children in a gift, he must revoke it during his lifetime as the Prophet (peace be upon him) commanded. If he dies without revoking it, it should be revoked after his death as well, according to the soundest opinion, as an act of obedience to Allah and His Messenger. It is not lawful for the favored child to keep the favor; rather, they must share all the inheritance equitably with their siblings according to the justice that Allah commanded.”

2. If the gift was made during a terminal illness or a life-threatening condition: In this case, the gift does not take effect and the inheritance must be divided according to Islamic Sharia, ensuring that no heir is excluded.

Accordingly, if this apartment was gifted to you while your father was in good health and the gift is fully in your possession, then the default ruling is that it belongs to you. However, it is recommended that you voluntarily include it in the inheritance out of kindness to your father and mercy towards him — he showed you mercy during his lifetime, so show mercy to him after his death. This also helps maintain good relations with your sisters and prevents disputes, as preventing animosity among kin is one of the objectives of Islamic Sharia.

Furthermore, it seems from your question that you did not actually take possession of the apartment, as your father kept the matter secret and instructed you to conceal it from your sisters. This indicates that you did not fully possess it and that it remained under your father’s control. If this is the case, the gift should be returned to the estate and divided among all the heirs according to Islamic inheritance rules, where the male receives twice the share of the female after debts and bequests are settled.

This view appears to be the strongest in this matter and aligns with the opinion of Imam Ahmad. However, the majority of scholars from the Hanafi, Maliki, and Shafi'i schools hold a different view, allowing favoritism in gifts. They interpret the hadith of Nu'man ibn Bashir as merely recommending equality rather than making it obligatory, as a Muslim has authority over their property and may give it to whomever they wish. Both Abu Bakr and Umar favored some of their children with portions of their property. We mention this alternative opinion for completeness and to clarify the width of Islamic jurisprudence. However, we favor the first opinion.

And Allah knows best.

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Taken from fatawaalsawy.com

Some circulate a fatwa attributed to Imam Malik, may Allah have mercy on him, in which he allegedly permitted killing one-third of the population for the other two-thirds to live in peace, security, prosperity, and stability!

We need to address this fatwa with the following points:

First: This fatwa is fabricated in its attribution to Imam Malik. Imam Malik, known as “Shaykh al-Islam,” “Hujjat al-Ummah,” “Imam Dar al-Hijrah,” “Mufti of Hijaz,” “Faqih of the Ummah,” and “Master of the Imams.” He combined expertise in hadith and jurisprudence. He excelled in both disciplines, to the extent that hadith scholars considered him a master of hadith, while jurists regarded him as a leading jurist. His eminence in hadith is evident in his famous book Al-Muwatta’, and his prominence in jurisprudence is established by his well-known school of thought in Islamic jurisprudence, “The Maliki School.”

Second: The fatwa is invalid based on Sharia evidence that strongly affirms the sanctity of human life, regardless of a person's religious beliefs. Allah says, “Because of that, We decreed upon the Children of Israel that whoever kills a soul unless for a soul or for corruption [done] in the land - it is as if he had slain mankind entirely. And whoever saves one - it is as if he had saved mankind entirely. And our messengers had certainly come to them with clear proofs. Then indeed many of them, [even] after that, throughout the land, were transgressors.” (Al-Ma'idah: 32)

The sanctity of Muslim blood in particular is further emphasized: “And never is it for a believer to kill a believer except by mistake.” (An-Nisa: 92)
“But whoever kills a believer intentionally - his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment.” (An-Nisa: 93)

Additionally, the Messenger of Allah ﷺ said during the Farewell Hajj: “So he said: 'Indeed, your blood, your wealth, your honor, is as sacred for you as the sacredness of this day of yours, in this city of yours, in this month of yours. Behold! None commits a crime but against himself, none offends a father for a son, nor a son for a father. Behold! Indeed the Muslim is the brother of the Muslim, so it is not lawful for the Muslim to do anything to his brother, which is not lawful to be done to himself.” (Sahih at-Tirmidhi, 3087)

Third: The precise methodology in scholarly research dictates that opinions of each school of thought should be derived from the writings of its adherents not others. For instance, it is neither just nor scientifically accurate to use Maliki sources to define a Shafi’i ruling. Instead, one must refer to Shafi’i sources for such clarification. This principle of fairness is essential for scholarly accuracy.

When we examine this claim attributed to Imam Malik by referring to the sources of the Maliki school itself, we find that Maliki scholars categorically deny this attribution to Imam Malik. They refute it as baseless in their writings. Let us cite an example from a prominent Maliki scholar, Imam Shihab al-Din al-Qarafi, may Allah have mercy on him, who said: “As for what has been reported about permitting bloodshed and confiscation of wealth as claimed, the Malikis do not support such a claim about Imam Malik. Similarly, what has been attributed to Imam Malik in Al-Burhan—that he permits killing a third of the population for the benefit of the other two-thirds—this is strongly denied by the Malikis. It is not found in their books but rather comes from books of opponents who misattribute it to him.” ⁽¹⁾

Ibn al-Shamma’ also stated: “What Imam al-Haramayn narrated was not transmitted by any of the Maliki scholars nor by their narrators. It was merely an imposition by him, and there is clear inconsistency in his recounting of the matter, as evident in Al-Burhan.” ⁽²⁾

The claim attributed to Imam Malik was merely based on what some assumed to be his methodology. This was clarified by Imam Abu Bakr Ibn al-Arabi, who said: “Hanafis and Shafi’is from Khurasan attributed to Malik the statement that the destruction of some of the population for the benefit of the rest is obligatory.

He is innocent of this claim. Rather, they heard from his statement about considering public interest and interpreted it according to their assumptions until they exaggerated it to such an extent. It would have been more appropriate for them—given their esteemed status in knowledge, their vast learning, and their precise understanding—to discern his true intent regarding public interest, to apply it within its proper context, and to restrict it to its appropriate limits. ⁽³⁾

Similarly, Sheikh Muhammad al-Amin al-Shanqiti affirmed: “The claim that Malik permitted killing a third of the population for the welfare of the other two-thirds or allowed amputation in discretionary punishments is baseless. Malik never said this, and it is not reported by any of his companions nor found in any books of the Maliki school, as clarified by al-Qarafi, Muhammad ibn al-Hasan al-Banani, and others. We’ve studied Maliki school long enough to know this claim is invalid” ⁽⁴⁾

Sheikh Al-Shanqiti also said: “What the author mentioned about Malik permitting the killing of a third to benefit the other two-thirds was mentioned by Al-Juwayni and others about Malik. However, it is not correct, and none of Malik’s companions transmitted this from him, nor did Malik say it, as confirmed by the scholar Muhammad ibn al-Hasan al-Banani in his commentary on Abdul-Baqi al-Zarqani’s explanation of Mukhtasar Khalil.” ⁽⁵⁾

Many scholars from outside the Maliki school have also defended Imam Malik in this regard.

Al-Tufi said: “It has been claimed that Malik permitted killing a third of the people for the benefit of the other two-thirds, but the Sharia’s preservation of their welfare in this manner is not known. I have not found this reported in the Maliki texts I reviewed, and I asked several of their distinguished scholars, who said they do not know of it.” ⁽⁶⁾

Al-Zarkashi stated: “Imam Al-Juwayni said in Al-Burhan: 'He exaggerated in this opinion to the point where it led him to permit killing and taking wealth for interests that, in most cases, were only assumed without clear evidence.' Others also attributed this as an old opinion of Al-Shafi’i.”

Abu Al-‘Iz Al-Muqtarah wrote in his commentary on Al-Burhan: “This opinion has not been authentically transmitted from Malik. His companions have stated this explicitly, and Ibn Shas also denied it in Al-Tahrir about the Imam, stating that his views should be taken from his books and the works of his companions, not from other narrators.” ⁽⁷⁾

It has been mentioned by one of the prominent Maliki scholars, Al-Mazari, in a way that may appear to confirm Al-Juwayni's transmission about Malik in this matter. In Al-Tawdih, he said: “Abu Al-Ma'ali mentioned that Malik often bases his legal reasoning on public interests and stated that he permits killing a third of the general populace for the benefit of the other two-thirds. Al-Mazari said: 'What Abu Al-Ma'ali reported about Malik is correct.'”

However, in some versions of Al-Tawdih, and refer to Al-Qarafi’s commentary at the end of Sharh Al-Mahsul, where he elaborates well on the topic of unrestricted public interests (masalih mursala). He refuted what Imam Al-Haramayn (Al-Juwayni) attributed to Malik, stating that it is not found in Maliki texts. ⁽⁸⁾

Upon closer examination, it becomes evident that Al-Mazari did not intend to validate the opinion that Malik permitted killing a third of the populace. Rather, he was affirming the first part of Al-Juwayni’s statement: that Malik often built his legal judgments on public interests.

O Allah, show us the truth as truth and grant us the ability to follow it, and show us falsehood as falsehood and grant us the ability to avoid it. O Allah, preserve the lives of Muslims everywhere.

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1. Nafa'is al-Usul fi Sharh al-Mahsul, 9/4092.
2. Manh Al-Jalil Sharh Mukhtasar Khalil, 7/513.
3. Al-Qabas fi Sharh al-Muwatta’, 3/932.
4. Al-Masalih al-Mursalah, 1/10.
5. Mudhakkirah fi Usul al-Fiqh, 1/203.
6. Sharh Mukhtasar Ar-Rawdah, 3/211.
7. Al-Bahr al-Muhit fi Usul al-Fiqh, 8/84.
8. Mawahib al-Jalil, 5/430.

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