What Are the Conditions and Legal Rulings of Mubahala?
Shafi'i Fiqh
Answered by Shaykh Irshaad Sedick
Question
A prominent politician in my country has made a mubahala denying charges of corruption that he has been convicted of and awaiting appeal by a secular court. This involved cursing (i.e. la‘n) his political enemies generally (i.e. without naming specific individuals) for what he claims are politically motivated charges. It was done in a mosque, not a Sharia court, as they mainly deal with family matters.
Since his political enemies are made up of specific individuals (Muslim and non-Muslim), would this be haram as he is cursing them? What are the general rulings and conditions for mubahala? Can this be considered mubahala since, based on what I understand, it is a type of mutual la‘n, but he is the only one doing the actual la‘n?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
May Allah alleviate our difficulties and guide us to what pleases Him. Amin.
Since the act was unilateral, it appears not to be “mubahala”.
“Mubahala” means cursing each other. Two people or groups who consider themselves correct both plead with each other to God and want God Almighty to curse the liar so that it becomes clear to everyone which one is on the right path. The incident of Mubahala has been narrated in Surat ’Al ‘Imran.
Mubahala in the Sira
In consultation, the Christians sent Shurahbil, Abdullah Ibn Shurahbil, and Jabbar Ibn Qays to the Prophet of Allah (Allah bless him and give him peace). They came and discussed religious matters until they had a heated argument about proving the divinity of Jesus (Allah bless him and give him peace). At the same time, this verse was revealed about Mubahala.
The Prophet of Allah (Allah bless him and give him peace) invited the Christians to Mubahala, and they accepted the invitation then. But later, they avoided coming to the Mubahala because they saw that the Prophet of Allah (Allah bless him and give him peace) had brought his closest people, his daughter Fatima Zahra (Allah be pleased with her), his son-in-law Sayyidina ‘Ali (Allah be pleased with him), his grandchildren Hasan (Allah be pleased with him) and Husayn (Allah be pleased with him), etc.
So Shurahbil told his two companions, “You know that this is Allah’s apostle. If we argue with the Prophet of Allah (Allah bless him and give him peace), it will destroy and ruin us. So find another way of salvation. Finally, they accepted the offer of peace; thus, the Prophet’s (Allah bless him and give him peace) legitimacy was revealed to all. [Shafi, Ma‘arif al-Quran]
Mubahala among Muslims
The evidence is that many companions called to the Mubahala (to pray and invoke sincerely the curse of Allah upon those who lie). Among them is ‘Abdullah Ibn Mas‘ud (may Allah be pleased with him), who called to prove that a pregnant woman’s waiting period (‘idda) ends when she gives birth to the baby, not three months as is typical. Among them also is Ibn Abbas (may Allah be pleased with him), who called to Mubahala on the issue related to the reduction of shares in inheritance (when every heir can’t take his original share).
As regards whether this is permissible among Muslims, the answer is that it is permissible; the evidence is that the Companions did so, as mentioned.
However, it is more appropriate for a Muslim not to invoke the curse of Allah upon a Muslim except after establishing the evidence against him, trying to eradicate the misconception, and advising or warning him.
I pray this is of benefit and that Allah guides us all.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani
Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan.
Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Mawlana Yusuf Karaan, and Mawlana Abdul Hafeez Makki, among others.
He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has served as the Director of the Discover Islam Centre and Al Jeem Foundation. For the last five years till present, he has served as the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.
Shaykh Irshaad has thirteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic online learning and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy living and fitness.