The Department of education has instructed that all the pupils should daily sing the national anthem.

Answer

The Constitution of South Africa enshrines the principle of freedom of religion, opinion and thought. It is unconstitutional for the state to impose any political doctrine/practice/ preference on citizens. The unconstitutionality of such an imposition is aggravated when it is in conflict with our religious tenets. There is no law which requires Muslims or pupils of any religion to compulsorily sing the national anthem. And, if there is, it should be challenged in the constitutional court.

Just as the state has no right to impose Hindu religious paraphernalia on Muslims and vice versa, so too, the states lack the authority to impose its political paraphernalia on Muslim citizens. The matter should be explained to the relevant department and an exemption should be acquired.

The concise Shar'i answer to your question is that it is haraam for Muslims to sing the national anthem. Today it is the national anthem. Tomorrow they will be required to stand in respect for the idol they call flag, salute it and sing the anthem. All such acts are shirk and kufr. The refusal to sing the anthem is not the effect of unpatriotism. It is the demand of our religion. The prohibition is not restricted to the anthem of South Africa. It applies equally to the national anthem of Pakistan and of all Muslim countries. It is not permissible to sing the national anthems of countries nor stand for a flag.

For the dalaa-il, please refer to Imdaadul Fataawa, Vol. 4, pages 645 -647. The question posed to Hadhrat Thanvi (rahmatullah alayh) is almost identical to the problem you are now facing.

It should be made clear to the Department of Education that our stance is not a political one. It is based on religious principles. At the same time emphasize that it is not permissible according to our religion to stand in honour of a flag. By highlighting this fact now, they will be aware of our stance should they be contemplating the ritual of standing for the national flag.

The Muslim school will be faced with the dilemma of foregoing the government subsidy and the act of shirk and kufr. The School has no alternative but to forego the subsidy even if it means that it has to close down. But there is no permission for indulgence in kufr and shirk.