I am the Amir of the Muslim inmates at a prison in the U.S.A.

Answer

Rasulullah (sallallahu alayhi wasallam) had instructed his Sahaabah to deliver all his statements (the Ahaadith) to whomever they meet. Then he added that there will be men who will understand the Hadith better than the one who delivers it. In this statement Rasulullah (sallallahu alayhi wasallam) was alluding to the Aimmah Mujtahideen of the Taabi-een era the great Imaams who were not Sahaabah, nevertheless, many of the Fuqaha understood the Ahaadith better than many of the non-Ulama Sahaabah.

The Ahaadith of Rasulullah (sallallahu alayhi wasallam), including those which you have mentioned in your letter, have tafseer – tafseer which was given by the Ulama among the Sahaabah and the great Fuqaha who were the Students of the Sahaabah. It is not permissible for you and for even us to submit a Hadith to our understanding to formulate an opinion. We have to see and accept the tafseer which has been handed to us from the age of the Sahaabah. Using force in the discharge of Amr Bil Ma'roof as mentioned in the Hadith, is the right of those to whom Allah Ta'ala has granted this jurisdiction, They are the Islamic Rulers who have this right over all the subjects. Parents have this right over their children. The Ustaadh has this right over his students. The Husband has this right over his wife. The Qaadhi also has this right. Besides these people, no one else has the right to utilize force to compel others to submit.

The right of the Ulama is to speak. The right of every Muslim, be he a senior or a junior, is to speak and offer naseehat (advice and admonition). But there are rules and regulations applicable for the discharge of even verbal Amr Bil Ma'roof. In jail or outside jail, Muslims are required to practice Amr Bil Ma'roof. It is not said that you should remain silent when evil is committed. What we say is that you have no right to use force. If someone refuses to obey or accept your naseehat, you do not have jurisdiction over him to have him beaten up or assaulted. At most, the Muslim community may ostracize (boycott) the one who flagrantly violates the Shariah in public.

Just as it is the right of the leader who is not the political leader, to proclaim the Haqq and offer advice, so too is it the right of every Muslim. The Ameer does not have a greater right than others in this sphere. So what we have explained is, in a nut shell, the prohibition of using force. That is all. It was not said that silence should be maintained and Amr Bil Ma'roof be abandoned.