Cautioning the Salafees from following the ways of the Ikhwanees and ḥizbees
15 June 2023 • 1.8K views
Part 2: What is wrong with establishing charity organisations (Jam'iyyaat)?
Below I have paraphrased a recent Fatwa of Sheikh Yahya hafidhahullah. Any additional commentary (added for clarification purposes) will be bracketed like this -> [T.N.]
Sheikh Yahya Al-Hajoori hafidhahullah was asked: What are the contraventions of Jam'iyyaat (charity organisations)?
He answered:
“This is an issue concerning which there are many written works, and a matter that has been discussed extensively, but perhaps you are new and need to acquaint yourself with this issue, especially as many people have become confused/ deceived concerning it; because the Jam'iyyaat say, 'we only do good; we dig wells, we build masjids, we sponsor orphans, we distribute food, we, we...'. This is what they say, so some people have become deceived. Therefore, I say (in answer to the question):
[POINT 1] - The need to set up Jam'iyyaat was present during the lifetime of the Prophet ﷺ; [the means were present and nothing prevented him from doing so,] yet he ﷺ never established a Jam'iyyah. The rich Companions were present; the likes of 'Uthman ibn Affaan, Abdurrahmaan ibn 'Awf, and others, but despite this, he ﷺ never established a Jam'iyyah to cater for the impoverished, nor did he allow it, and nor did any of the Companions do that. Therefore, setting up Jam'iyyaat has no precedent from the Prophet ﷺ nor any of the Salaf, and the best guidance is the guidance of the Prophet ﷺ.
[T.N. Sheikh 'AbdulKareem Al-Hasani hafidhahullah stated: “A group of scholars consider Jam'iyyaat to be impermissible in its origin because it is an innovation.” (Jam' Al-Adillah...Pg. 25). Furthermore, Ash-Shatibi rahimahullah stated in his 'Fatwa' pg. 250: “whatever was not from the way of the Salaf As-Salih is not part of the religion; because they had more eagerness for good than these people. So if it had contained any good, they would have done it...Also, Imam Malik rahimahullah said: “Whatever was not part of the religion then is not part of the religion now.”]
[POINT 2] - Establishing Jam'iyyaat in the manner we have today was first introduced by the disbelievers, thereafter some of the Muslims began imitating them in this. Otherwise, these Jam'iyyaat were not present during the lifetime of the Companions, nor in the lifetime of the Taabi'een, nor the Atbaa' At-Taabi'een. They only came into existence in these later times. There are no evidences nor any Aathaar with relation to establishing Jam'iyyaat during the first part of this Ummah. In fact, this practice was born from Capitalist countries and their eagerness to amass wealth through different means.
[T.N. “It is established in history that the Jews utilised Jam'iyyaat, especially Jam'iyyah Al-Ittihaad wa At-Taraqqi (Union and progress committee) in Turkey (est. 1898), to spread freemasonry and topple the Uthmanic Islamic caliphate at the time.” Taken from the treatise, 'Al-Jam'iyyaat Harakah bilaa barakah' by Abu Al-Husein Al-Indonoosi. So in essence, setting up Jam'iyyaat is an imitation of the kuffar].
[POINT 3] - These Jam'iyyaat contain a number of contraventions, such as depositing funds in bank accounts. Even if they do not accept interest, they are still co-operating in sin and transgression by depositing their funds into these bank accounts. It is not possible to establish a Jam'iyyah that has a large capital unless a bank account is opened. The bank will use these funds and invest it in their riba based dealings and activities.
[T.N. It is not permissible to open a bank account unless there is a necessity to do so. This is the Fatwa given by our scholars. So before one goes ahead and opens a dedicated bank account for his Jam'iyyah, he must ask, is it even necessary to setup a Jam'iyyah in the first place? If not, then this bank account is not permissible.]