The state does not allow them to broadcast the adhaan via loudspeakers; what should they do?

Question first i want to thank you for the proofs about music. may allah bless you all. its a great job. i want to ask you a question about azaan. infact i am from mauritius and few weeks back a problem break out about azan. what happen exactly is that a person filed a case…

Question

first i want to thank you for the proofs about music. may allah bless you all. its a great job. i want to ask you a question about azaan. infact i am from mauritius and few weeks back a problem break out about azan. what happen exactly is that a person filed a case against a mosque in mauritius simply because he is disturb by his azan. at night. esha. thus the court gave it verdict that we should not use loud speakers to give azzan. and its has created great confusion and worry as well as tention in every corner of mauritius and nowall the muftis and ulemas are joining together to find a solution. some even warn the government with such word”””DON”T TOUCH OUR AZAAN””‘

i just want to know if it is necessary to create such as big issue out of this matter. infact the proofs you brought about music has convinced me that music is not allowed at all. that why i feel that perhaps you will give me heavy proof about AZAAN also . in the context we are living in in mauritius and as ou must be aware of mauritius is a multicultural country. so should we fight for our Azaan or we can accept it. it can create war. the matter is becoming very serious.

Praise be to Allah.

Firstly:

Mauritius is a small island in the middle in the Indian
Ocean, approximately 500 miles from Madagascar. It is isolated and not many
people know about it because of its small size and remoteness. It is located
east of Madagascar and was discovered by the Arabs several centuries before
the arrival of the Europeans. To the south west lies the island of Reunion.
Despite this distance and remoteness, Islam reached it in 923 AH/1510 CE.
The island was occupied by Britain until it won independence in 1388 AH/1968
CE. The number of its inhabitants in 2002 CE was 1,189,825.

The ratio of Muslims is 20% of the population, i.e., 215,000;
55% are Hindu and 20 % are Christian.

End quote. Summarized from Wikipedia.

Secondly:

In the answer to question no. 10078 we stated that the adhaan
(call to prayer) is a communal obligation (fard kifaayah), and we quoted the
scholars of the Standing Committee for Issuing Fatwas as saying that if one
mosque gives the adhaan in a quarter or neighbourhood and all the people in
that neighbourhood can hear it, then the other mosques do not need to do it,
but it is better for all the mosques to give the adhaan, although it is not
obligatory.

Thirdly:

There are several rulings pertaining to the adhaan:

Al-Nawawi (may Allaah have mercy on him) said:

The scholars stated four things about the wisdom behind the
adhaan: manifesting the slogan of Islam and proclaiming the word of Tawheed;
announcing that the time for prayer has begun; announcing where the prayer
is to be offered; and calling people to pray in congregation. End quote.

Sharh Muslim (4/77).

Once you understand the great reasons for which the adhaan
has been prescribed, this should motivate you to try to have the government
ruling cancelled, so long as you use wise and appropriate means of doing so.
It is also essential to avoid confrontation with the state or provoking any
trouble with followers of other religions, let alone with other Muslims.
What we advise you to do is the following:

1.Continue to give the adhaan
inside the mosque but avoid using loudspeakers.

2.Explain the ruling on the
adhaan to your fellow Muslims and that you can do away with broadcasting the
sound over loudspeakers. Tell them that the ritual of adhaan is being
carried out, and that what is being disallowed is only broadcasting the
sound over loudspeakers, not carrying it out.

3.Launch an appeal seeking
annulment of the unjust ruling issued by that government.

4.If your appeal does not
succeed, then present another appeal asking for the adhaan to be broadcast
at other times which will not cause – according to the claim that has been
made against you by this criminal – any disturbance to people. Do not waste
the opportunity that lies before you. You could – in sha Allaah – get
permission to broadcast the adhaan sometimes, so do not give that up, even
if it is for only one time.

5.If you do not succeed in any of
the things that we have mentioned to you, do not despair. Carry on trying.
You are being forced to refrain from broadcasting the adhaan via
loudspeakers, but you will never be sinning thereby.

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have
mercy on him) said: Then if it so happens that they are banned from
broadcasting the adhaan, then they are being forced (not to do it), and if
they are forced then they are like those who do not do obligatory duties
because they are prevented by force. End quote.

Liqaa’aat al-Baab il-Maftooh
(166/question no. 15).

We ask Allaah to help you to serve Islam and unite you, and
to benefit Islam and the Muslims through you.

And Allaah knows best.

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