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UNDERSTANDING THE RIGHT OF ACQUITTAL AND ULAMA
The right of acquittal in Islam is not equal. Parents, teachers, children, students, grandparents etc do not have the same right of acquittal. Let us use examples to try and understand this. If a son is taking drugs or starts consuming alcohol, how will a father react? He will scold and reprimand his son. He may even call the son a Shaytaan or animal! Will he receive censure for this? No! He may even disown his son in instances. Similarly a mother may react in the same or similar way. A teacher will scold a child if he behaves badly. He may even pull the students ear. He may call the student various names and this will be regarded as in the best interest of the student. The above pattern could also be understood in another manner. If the parent or teacher does not take outwardly harsh actions, they will receive censure and it may even be said that such a senior is a bad or irresponsible parent. Will it be expected of society that the parent in our example above must speak to the son in a soft and wise tone, day in and day out? That they are never to express displeasure or anger? No, seniors are expected to take disciplinary action even if harsh methods, tone and language is used. The objective is to get the son or junior to “catch a wake up” not because the senior or parent has no manners or is plain and simply rude.
If a father is a drunkard on the other hand, a son will have to approach the father with respect and speak humbly and in soft tones and explain to the father the wrongs and harm of his drinking. He will not be allowed to use strong language. He will not be allowed to call his father a Khabith or shaytaan. Even if the father tells him to mind his own business, he will still approach the father in an appropriate manner time after time. In short, the right of acquittal is not equal.
The ulama are the heirs of the Ambiyaa Alayhis salaam. They command our respect by virtue of the knowledge they possess. They are like our spiritual fathers and uncles. The respect they command is not because they demand it, but rather it is due to them on account of the fact that their chosen field puts them above the average teacher and it is their duty to look after us where matters of deen, education, akhlaaq, pointing out ills of society and such are concerned. They will educate, inform and teach with Hikmat (wisdom), love and concern. But this concern will also constrain them to become harsh in tone and will cause them to use stronger language when society does not take heed of their warnings regarding matters of deen and akhlaaq (amongst others)
Then when they use terms such as kaafir, faasiq, faajir etc, it is not judgmental or real any more than the son whose father calls him a shaytaan is really a shaytaan or animal. They are constrained to do this and will be irresponsible if they don’t. We as the lay person who turns to them for rulings and education must look at the message and it seriousness as opposed to the tone or method used to give the message. When we start criticising them because of tone, it is purely ego and pride if we had to analyse it honestly. They are doing their jobs, fulfilling their responsibilities to us and we should be grateful and accept it and make Dua for them
If they err, we should be like the juniors we are and inform them with respect and even use terms of respect such as Moulana or even Hazrat just like the son who will call his father papa or Abba or daddy. If they cross limits of Sharia and haq, we will bring it to their attention with respect even if our tone is stronger out of concern but always keep in mind the senior position they occupy. We cannot just lash out and treat them as equals or juniors any more than the son in our example can.
This is Haq and needs to be addressed as our ulama are treated like equals and juniors and any person with little or no deeni knowledge feels he has the right to confront the upholders of the knowledge of deen and indeed deen itself. If we find that an aalim or ulama are totally “off track” we should simply disassociate from them, ignore their messages, and bring concerns to their attention, but never never cross the line of respect.
May ALLAH grant us understanding and the ability to practise on this correctly.
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