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Travel, and appointing an Amir

Answered as per Hanafi Fiqh by Qibla.com

Answered by Shaykh Faraz Rabbani

My friends and I enjoy travelling and hiking. Before we set off, we agree upon who will be the Ameer, but during the travels, when an issue is raised, the Ameer is not listened to….i.e., he isn’t given the final say. According to Hanafi juristic principles, is doing this haram?

Answer:
In the Name of Allah, Most Gracious, Most Merciful

Walaikum assalam wa rahmatullah,

Abu Sa`id (Allah be pleased with him) relates that the Messenger of Allah (Allah bless him and give him peace) said,

“If three of you set out on a journey, you should appoint one of you as the amir (leader).” [Related by Abu Dawud]

The command to take an amir (leader) in one’s journeys and obedience of such an amir are both recommended [Iraqi, Tarh al-Tathrib, 6.9]—because of the obvious benefits of order and clarity, and its being a means to avoiding disputes and encouraging agreement.

This recommendation is deduced from the Messenger of Allah’s example (Allah bless him and give him peace), because he appointed amirs for the parties he sent out. [See: the works of Prophetic biography]

The way to avoid dispute is to make agreement a goal. Before setting out, sit and discuss the adab (propriety) that the group will seek to adhere to, in a positive manner. With that, each person should hold fast to the counsel of the Messenger of Allah (Allah bless him and give him peace) that,

“Whoever believes in Allah and the Last Day should say the good or remain silent.” [Bukhari and Muslim]

They should apply this to their words and also their actions.

And Allah alone gives success.

Wassalam,

Faraz Rabbani

 

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