Handing over a Muslim to Non-Muslims  

What is the fatwa regarding the deportation of Autonomous Region in Muslim Mindanao Governor and Moro National Liberation Front Chairman Nur P. Misuari from an Islamic country like Malaysia to the Philippines, which is bragging as the only Catholic nation in Southeast Asia.? Background Information: Misuari, who is a Muslim leader of the Bangsamoro people fighting for their independence, was accused by the Philippines of rebellion charges. He fled the Philippines on Nov. 24, 2001 because he did not want further bloodshed between his MNLF mujahideens and the Philippine military. However, when he arrived in Malaysia he was arrested for illegal entry. After his one- month detention, Misuari was sent back to the Philippines despite his appeal for an asylum in the third country preferably any of the 56 member states of the Organization of the Islamic Conference (OIC), where the MNLF enjoys a permanent Observer Status in the pan- Islamic body. But the appeal was turned down by Prime Minister Mohamad Mahathir and he acceded to the request of Philippine President Gloria Macapagal- Arroyo to send back Misuari to Manila. This is despite of the OIC request that Misuari be given an asylum in the Muslim country. Now Misuari, who is fighting for the rights of the 10 million Muslims in the Philippines is languishing in jail guarded by all Christian soldiers, who are hostile to the Muslims. What is your fatwa on the action made by Malaysian Prime Minister Mahathir who handed his Muslim brother like Misuari to suffer in the hands of the Catholic government like the Philippines?

1/17/2002  

Mufti  

Answer

Wa `Alaykum As-Salaam Waramatullah Wabarakatuh!

In the Name of Allah, Most Gracious, Most Merciful

All thanks and praise are due to Almighty Allah and peace and blessings be upon His Messenger.

Dear questioner, first of all, we'd like to voice our appreciation for the great confidence you repose in us. Our utmost wish is to have our efforts come up to your expectation. May Allah help us all keep firm on the Straight Path, Amen.

Dearest brother, apart from this specific case, it is generally agreed that it is prohibited to hand over a Muslim to non- Muslims as this involves casting off a Muslim and subjecting him to the control of a non-Muslim; such act typically represents letting a Muslim down. This is the meaning of the Hadith of the Prophet, peace and blessings be upon him, that reads: “A Muslim is the brother of a Muslim. He does not oppress him, nor let him down nor even look down upon him.”

In addition, handing over a Muslim to non- Muslims is a form of disdaining a Muslim and a sacrilegious act to his blood. In the Hadith, we read: “A Muslim is the brother of a Muslim. He neither oppresses him nor humiliates him nor looks down upon him. The piety is here, (and while saying so) he pointed towards his chest thrice. It is a serious evil for a Muslim that he should look down upon his brother Muslim. All things of a Muslim are inviolable for his brother in faith: his blood, his wealth and his honor. ”Such a heinous deed is also a form of helping others in maters of sin and aggression. Almighty Allah says: “ Help not one another unto sin and transgression, but keep your duty to Allah. Lo! Allah is severe in punishment.” (Al- Ma’idah:2)

Allah Almighty knows best.

Fatwa Editor: S. Fares