Sport Games the Arbitrators

[yaa tahay]

Tahkim meaning to appoint an arbitrator (referee) is an action which is permissible in deen according to the Qur’an, sunnah and ijmaa-i ummah. There has not been any opposing view other than a group of khawarij. The evidence of its legitimacy is the following ayahs of Allah (swt):

 

“If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, Allah will cause their reconciliation: For Allah hath full knowledge, and is acquainted with all things.” (Surah An Nisa 4; 35)

 

“O ye who believe! Kill not game while in the sacred precincts or in pilgrim garb. If any of you doth so intentionally, the compensation is an offering, brought to the Ka'ba, of a domestic animal equivalent to the one he killed, as adjudged by two just men among you; or by way of atonement, the feeding of the indigent; or its equivalent in fasts: that he may taste of the penalty of his deed. Allah forgives what is past: for repetition Allah will exact from him the penalty. For Allah is Exalted, and Lord of Retribution.” (Surah Al Maeda 5; 95)

 

With the restrictions of being Muslim, arriving at a decision appropriate to the will of Allah and to carry out the conditions laid down in the books of fiqh it is permissible to appoint an arbitrator. However a kafir can not be appointed as an arbitrator to the Muslim even if he gives hukm according to the ayah of Allah and even if it is regarding a matter given permission by Allah. In summary in games of sport it is permissible to appoint only a Muslim as arbitrator. Tahkim and qada do not only regard the matter of giving hukm with that which Allah has sent. This matter is also closely in relation with walayah. Views opposing this and similar statements such as, games of sport have no connection with deen nor does it oppose the deen, there is no difference between a Muslim arbitrator and a kafir arbitrator; are invalid and baatil statements.

 

It is kufr for a Muslim to appoint a kafir arbitrator while he himself is one of the parties. This would also be giving walayah to a kafir. It does not make a difference if this kafir is to judge according to deen or not. Likewise this appointment of an arbitrator is similar to applying to a kafir to attain a marriage certificate just for procedure sake or allowing a traffic police to write a report of an accident because an individual is obliged to do so. These actions made out of desperation do not change anything. The hukm does not change if these actions of appointing kafir arbitrators in soccer, wrestling or any other sport are done for the sake of having fun or even for only silliness. Giving the kuffar or the mushrik the right of authority over a Muslim and allowing him to interfere or in otherwords appointing him as an arbitrator is not permissible.

 

In conclusion; when a Muslim is playing a game with rules, the authority to give hukm over the Muslim must be a Muslim. For example if a Muslim is to wrestle with a kafir the arbitrator (referee) meaning the person to judge the winner and the loser cannot be from the kuffar. The position of an arbitrator itself is not kufr. The important factor here is the religion of the arbitrator. If the arbitrator is Muslim in this case there would be no problem. However if he is kafir then this would be taking on a kafir as a wali and will become a matter of walayah. It is most definitely restricted to appoint a kafir as a wali.

 

Matters as such are not matters to take lightly or to be careless of. Individuals who have done a little research will see that those matters which many individuals see as being simple are not matters of making concession. For example, it may seem silly that for the sake of differentiating from the kuffar, RasulAllah (saw) had suggested to comb ones hair differently or to perform salah with shoes on. This is because this individual is not thinking according to bayan (nakl) he is thinking according to his own mind (aql). However the owners of aql, would be aware of the outcome of the imitation of the kuffar and will understand the purpose of the hukm of opposing the kuffar by the sovereign.