Imam an-Nawawixsaid in Sharh Saheeh Muslim (12/229):
“And as for revolt – meaning against the (Muslim) rulers – and fighting them, then it is haraam by unanimous agreement (ijmaa&rsquo
As for the angle that has been mentioned in some of the books of fiqh of some of our associates, that he is to be removed, and which is quoted from the Mu’tazilah, then this is an error on behalf of the one who says it and is in opposition to the Ijmaa’.
And the Scholars have said, that the reason for the absence of his removal and the forbiddence of revolting against him, is due to what arises from that of tribulations, and shedding of blood, and also corruption that is evident (3).
Hence, the harm from his removal is greater than from him remaining in place.”
Footnotes:
1.xImam an-Nawawixsaid (in relation to my above point) in Sharh Saheeh Muslim vol. 12, p. 229 “Originally, there was a difference of opinion on this issue and then the consensus (ijmah)was reached that it is forbidden to rebel against them (the Muslim rulers).”
However they held if a unjust ruler can be removed with out more evil being the result then he should be removed.”
2. If the Muslim ruler is not a sinner or righteous but becomes a apostate kafir, can he then be revolted against? -xxShaykh Uthaymeen rahimahullâhxclarified the conditions for revolting against the disbelieving apostate ruler who is in charge of a Muslim country.xHe said ”
1)I t is a condition to have seen it (i.e. to see the ruler do his major kufr which made him a kafir. Seeing his kufr means a Muslim does not have to follow a persons lies and rumors about the rulers kufr).
2) The disbelief (kufr) is a condition (so it the ruler must have done kufr not just major sin, thus you can not revolt).
3) That it is clear and explicit is a condition (so the rulers kufr can not be misunderstood or misinterpreted to be major sin).
4) That we have proof of if from Allah (thus we can back our reason for calling the ruler a kafir with proof from the Quran and sunnah).
5) They (the revolters) must have the ability to overthrow the ruler.” Ref: Summarised from Liqa al Bab al-Maftuh
3. AlsoxIbn Teenxnarrates fromxAl-Dawudixin Ibn Hajar’s Fath al-Bari, Vol.13, P.11/12, “The scholars have stated that if one is able to remove a transgressing ruler, without causing any Fitnah and oppression, then he should be removed, or else it is necessary to be patient (if he can not be removed due to this leading to more evil).”
Posted by Abdul Kareem Ibn Ozzie