Forming a tribe

 The Islamic Ruling on Forming a Tribe

Question: What is your opinion, O Imam, regarding a country that has a vast desert suitable for shepherds, where we could form a tribe?

Answer:

In the name of Allah, the Most Gracious, the Most Merciful. All praise is due to Allah; I praise Him, seek His help, and ask for His guidance. Whomever Allah guides, none can lead astray, and whomever He leads astray, none can guide. I bear witness that there is no deity worthy of worship except Allah alone, without partner, and I bear witness that Muhammad is His servant and Messenger, the Seal of the Prophets and Messengers. Allah sent him with guidance to the worlds, and thus Allah fulfilled His promise, granted victory to His servant, and defeated the confederates alone. So all praise is due to Allah until praise reaches its ultimate end, and glory be to Him Who suffices His servant when he relies upon Him, and Allah is the Most Great above His Throne in His heavens.

To proceed:

It is said regarding foundational derivation (at-ta’seel): "Assaltuhu ta’seelan" means "I gave it a firm origin/foundation (asl) upon which other things are built," and "Assala ash-shay' " means "He established a firm foundation for it upon which to build." Thus, at-ta’seel (establishing foundational principles) means tracing words and actions back to a firm origin and basis upon which they are established and built.

The Quran and the Sunnah are the origin and foundation of all Islamic sciences. Therefore, establishing principles (at-ta’seel) means clarifying the origin from the Book of Allah or the Sunnah of the Messenger of Allah (peace and blessings of Allah be upon him).

What, then, are the foundational principles (al-usoold) upon which the answer to this subsidiary issue (al-far') rests—namely: "The ruling on forming a tribe in a country with a vast desert suitable for shepherds"?

1. The First Principle: All rulings must be referred back to the Book and the Sunnah. Allah Almighty says: "Legislation is for none but Allah."

2. The Second Principle: A Muslim asks their Imam about the rulings of Islamic law (Sharia) if its ruling from the texts of the Quran and Sunnah is not clear to them.

3. The Imam is obligated to give sincere advice to the Ummah, and it is forbidden for him to conceal knowledge regarding what he is asked about.

4. A Muslim must be keen to learn the matters of their religion and eager to carry out the command of their Lord, Glorified be He.

5. Acts of worship are tawqeefiyyah (bound by textual proof); meaning the default state regarding acts of worship is prohibition, except for what evidence indicates to be permissible.

6. Being bound by text (tawqeef) in worship pertains to its performance, manner, time, and place.

7. Migration (Hijrah) is an act of worship that requires textual evidence regarding its timing and location.

8. The Muslims migrated only after the Ansar pledged allegiance (bay'ah) to support and protect them.

9. The Ansar pledged support to the Messenger of Allah (peace and blessings of Allah be upon him) after they had pledged allegiance to Islam.

10. Islam spread in Medina until no house among the Ansar remained without a group of Muslims openly practicing Islam.

11. The Ansar were people of war who committed themselves to protecting the Messenger of Allah (peace and blessings of Allah be upon him) against all his enemies.

12. The modern nation-state has guarded borders, soldiers, and intelligence services.

13. All modern states are obligated to enforce international laws and conventions upon their national territory.

14. The United Nations and the Security Council do not permit any country to harbor an independent group that is autonomous in its laws and organization from the national state and international law.

15. Modern constitutions strictly prohibit allowing any gathering that poses a threat to state stability or fails to abide by its secular/national principles.

16. It is not proven that the Companions gathered in a single place on a permanent basis after embracing Islam and before migrating to the abode of migration and support (Dar al-Hijrah wa al-Nusrah).

17. The Companions used to gather in the house of Al-Arqam ibn Abi al-Arqam to learn the Quran.

18. Muslims must follow the way of the believers and gather to learn the religion as much as they are able.

19. The default state in worldly matters is permissibility unless prohibition is established by evidence.

20. Among the Islamically permissible means are communication tools that do not harm health, intellect, or religion.

21. Muslims learn religious matters through direct meetings and via communication tools.

22. The Muslims formed a community (jama'ah) prior to the Hijrah.

23. The Muslims who embraced Islam from outside Mecca were commanded by the Messenger of Allah (peace and blessings of Allah be upon him) to convey the message to their people, and he did not command them to remain in Mecca.

24. Calling to Allah (da'wah) is an obligation upon every Muslim.

25. The jihad of da'wah in the land of disbelief (dar al-kufr) is a great jihad and the function of the Messengers.

26. The worship and monotheism (tawheed) of Allah are mandatory in every place.

27. Allah does not burden a soul beyond its capacity, nor has He placed any hardship upon you in religion; Allah intends ease for you and does not intend hardship.

28. Building an Islamic state is a monumental task that requires striving and patience; the da'wah may continue for several years before the establishment of the state.

29. The call of the Messenger of Allah (peace and blessings of Allah be upon him) in Mecca continued for thirteen years before the Hijrah, calling to tawheed, warning, giving glad tidings, and refuting the misconceptions of the disbelievers.

30. More lands were conquered during the Rightly-Guided Caliphate than during the era of Prophethood, even though Prophethood is better than Caliphate by consensus.

31. The call of the Prophet (peace and blessings of Allah be upon him) in Mecca served as the foundation for the great conquests that followed, extending to the East and the West.

32. What is required of Muslims is to walk along the path, not necessarily to reach its end.

33. Ignorance (Jahiliyyah) will not allow Islam to take its place without fierce resistance.

34. The message of Islam is directed to all mankind, and Muslims lead the people.

35. The vanguard of Muslims must be prepared, knowledgeable in religion, organized, fortified against doubts and desires, and fit for leadership.

36. In everything ordained by Allah, there are wise purposes, benefits, and great interests.

37. If Islam spreads among a people to the extent that it enters every home and Muslims manifest their religion, and that people are capable of supporting the Imam, it becomes obligatory upon them to support him.

38. Restraining one's hands and enduring harm were commanded before the Hijrah.

39. Our duty now is to manifest the religion in the land of disbelief and adhere to the main body of Muslims (jama'ah), not isolation.

40. Calling one's closest kinsfolk takes precedence over calling others.

41. Whoever accepts the judgment of Allah is a Muslim, and whoever does not accept the judgment of Allah is a disbeliever.

42. The pledge of allegiance to Islam (bay'at al-Islam) and testifying that there is no deity worthy of worship except Allah and that Muhammad is the Messenger of Allah constitute an acceptance of Allah's judgment.

43. Whoever abandons the pledge of allegiance to Islam is a disbeliever who does not accept Allah's judgment.

44. Whoever accepts Allah's judgment but fails to rule by it is disobedient ('aasi).

45. Allah's rulings on matters other than tawheed change according to changes in time, place, people, and states of strength or weakness.

46. Whoever abstains from applying prescribed legal punishments (hudud) and retaliation (qisas) while residing in dar al-kufr has ruled by what Allah revealed.

47. Obeying disbelievers in associating partners with Allah (shirk) or deeming lawful what Allah has forbidden is the form of obedience that renders a person a disbeliever.

48. It is customary for new converts to Islam to be influenced by the pressure and concepts of Jahiliyyah.

49. A Muslim must always question their own understanding if it contradicts the Quran, Sunnah, and consensus (Ijma'), and must seek clarity if their opinion differs from those who preceded them in knowledge and responsibility.

50. Errors in foundational principles result in errors in subsidiary branches; agreement on principles leads to agreement on branches. It is improper to debate subsidiary issues while differing on foundational principles.

51. Comprehending what has been published on the channel and group regarding messages and sermons is among the most binding duties.

52. Hasty attempts that are not disciplined by the Quran and Sunnah cause destruction and harm under the banner of reform.

53. The ultimate purpose of existence is to worship Allah alone, follow His law, and attain His pleasure and Paradise.

This is what was feasible to mention regarding the foundational principles related to this issue, by the grace of Allah.

Summary of the Answer:

It is not permissible/appropriate to form a tribe in which Muslims gather in the desert of any country. The evidence from the Book and the Sunnah demonstrates that the Prophet (peace and blessings of Allah be upon him) and the Companions did not form a tribe to gather in before the Ansar pledged allegiance to support them against enemies and their allies.

And all praise is due to Allah, Lord of the worlds, and may Allah bestow peace and blessings upon our Prophet Muhammad.