9 December 2012

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We are about to finish the Seerah of the Prophet*, InshaAllah. What we would like to know is what topic people wanted to study after this on a regular basis in Future Circles. Please vote for which things you would like to discuss during the Circle. Or give your own suggestions. This shouldn't take more than 2 minutes (InshaAllah)
Q: What topic would you like to study after the Seerah is finished?
- Lives of the first 4 Khulafah (Caliph - Islamic Leaders) = Abu Bakr, Umer, Uthman & Ali
- Lives of the Prophets (Adam to Isa/Jesus)
- Other (please specify)

Summary

The Start of the Prophet’s Final Illness:
The Prophet publically praises Ali as his ‘Mawla’ to quell unrest
The Prophet* sends out Ussama bin Zaid to fight the Romans
The Prophet prays for the Muslims in the Cemetry and Martyrs of Uhud
The Prophet refuses the keys to the eartly treasures
The Start of the Disease - headache, and so he* agrees to stay in the house of Aishah
The Prophet tells the Muslims about his Choice
The Prophet publically supports Abu Bakr

What is Qiyas (Divine Analogy):
Linguistic meaning is estimation, measuring or ascertaining the length, weight, or quality of something
In Shariah: the application to a new case (far'), on which the law is silent, of the ruling (Hukm) of an original case (asl) because of the effective reason ('Illa) which is in common to both
Using a specified reason found in Qur'an or Sunnah, and applying that reason to a new situation that has no clear rule in Qur'an or Sunnah
Examples include repaying your debt to people compared to debt to Allah
The reason (Illah) must come from the Text not the Mind
No Illah exists in the origin of the rules relating to food, clothing, morals and ritual worships (Ibadat)


Seerah of Muhammed*
*: May the peace blessings and Mercy of Allah be upon him
TMQ: Translation to the nearest meaning of the Qur’an

The Start of the Prophet’s Final Illness
The Prophet publically praises Ali as his ‘Mawla’
Having finished the campaign in the Yemen, the troop of three hundred horses that the Prophet had sent out in Ramadan was now approaching Mecca from the south. Ali had ridden on ahead of his men, eager to meet the Prophet as soon as possible and to make with him the Pilgrimage, which he now had done. Amongst the state's fifth of the spoils there was enough linen to clothe the whole army, but Ali had decided that it must be handed over to the Prophet untouched. In his absence, however, the man he had left in charge was persuaded to lend each man a new change of clothes out of the linen. The change was much needed for they had been away from home for nearly three months. When they were not far from entering the city, Ali rode out to meet them and was amazed to see the transformation that had taken place. “I gave them the garments,” said the deputy commander, “that their appearance might be more seemly when they entered in among the people.” The men all knew that everyone in Mecca would now be wearing their finest clothes in honour of the Feast, and they were anxious to look their best. But Ali felt he could not countenance such a liberty and he ordered them to put on their old clothes again and return the new ones to the spoils as these were for Sadaqa only. Great resentment was felt throughout the army on this account, and when the Prophet heard of it he said: "O people, blame not 'Ali, for he is too scrupulous in the path of God to be blamed." But these words were not sufficient, or it may be that they were only heard by a few, and the resentment continued.
On the way back to Medina one of the troops bitterly complained of Ali to the Prophet, whose face changed colour. "Am I not nearer to the believers than their own selves?" he said; and when the man assented, he added: "Whose nearest I am, his nearest Ali is." Later on the journey, when they had halted at Ghadir al-Khumm, he gathered all the people together, and taking 'Ali by the hand he repeated these words, to which he added the prayer: "O God, be the friend (Mawla) of him who is his friend, and the foe of him who is his foe"; and the murmurings against 'Ali were silenced.

The Last Expeditions
The pride of the Byzantine State made it deny Muslims their right to live. The Byzantine arrogance made them even kill those agents of theirs, who embraced Islam. Killing Farwah bin ‘Amr Al-Judhami, who was their agent on Mu’an, was an evidence of their arrogance. Due to that arrogance and presumptuousness of the Byzantines, the Prophet* started to mobilize a great army in Safar in the eleventh year of Al-Hijra and made it under the command of Ussama bin Zaid bin Haritha with orders to have the horses of Muslims tread on the lands bordering Al-Balqa’ and Ad-Darum of Palestine. His aim was to terrorize Byzantines and to implant confidence into the hearts of Arabs who were settled at the borders of the Byzantines. His other purpose was to deliver a message to everybody there, so that no one may dare say that the Church brutality can’t go with impunity; and that Islamization is not synonymous with fear and vulnerability.
The leadership of Ussama was subject to criticism. Because he was still too young, people tarried at joining his expedition. The Prophet* addressed people saying: "No wonder now you contest his leadership, for you have already contested the ex- leadership of his father. Yes, by Allah, his father, who was one of the most beloved people to me, was quite efficient for leadership; and this son of his is one of the most beloved individuals to me after his father."
So people started tending towards Ussama and joined his army. The anxiety-provoking news about the Prophet’s sickness, however, made the expedition tarry again in order to know what Allah had willed as regards His Messenger*. It was Allah’s Will that Ussama’s expedition would be the first one dispatched during the caliphate of Abu Bakr.

The Prophet prays for the Muslims in the Cemetry and Martyrs of Uhud
On one occasion a remark of his when he was with his wives was sufficiently ominous to prompt the question as to which of them would be the first to rejoin him in the next world. He replied: "She of the longest reach will be the soonest of you to join me,"! whereupon they set about measuring their arms, one against another. Presumably, though it is not recorded, Sawdah was the winner of this contest, for she was the tallest of them and in general the largest. Zaynab, on the other hand, was a small woman, with an arm to match. But it was Zaynab who died first of them all, some ten years later. Only then did they realise that by "she of the longest reach" the Prophet had meant the most giving, for Zaynab was exceedingly generous, like her predecessor of the same name who had been called "the mother of the poor".
One night, not long after the Prophet had ordered preparations for the Syrian campaign and before the army had left, he called to a freedman of his in the small hours, Abu Muwayhibah, and said: "I have been commanded to pray forgiveness for the people of the cemetery, so come thou with me." They went out together, and when they reached the Baqeeha the Prophet said: "Peace be on you, O people of the graves. Rejoice in your state, how much better it is than the state of men now living. Dissensions come like waves of darkest night, the one following hard upon the other, each worse than the last." Then he turned to Abu Muwayhibah and said: "I have been offered the keys of the treasuries of this world and immortality therein followed by Paradise, and I have been given the choice between that and meeting my Lord and Paradise." "O dearer than my father and my mother," said Abu Muwayhibah, "take the keys of the treasuries of this world and immortality therein followed by Paradise." But he answered him saying: "I have already chosen the meeting with my Lord and Paradise." Then he prayed for forgiveness for the people of the Baqeeha.

The Start of the Disease
On Monday the twenty-ninth of Safar in the eleventh year of Al- Hijra, he participated in funeral rites in Al-Baqeeha‘. On the way back he had a headache, his temperature rose so high that the heat effect could be felt over his headband. He led the Muslims in prayer for eleven days though he was sick. The total number of his sick days were either thirteen or fourteen.

The Prophet tells the Muslims about his Choice and the Prophet supports Abu Bakr
It was at dawn that day, or perhaps the next day, that his head ached as he had never known it to ache, but he none the less went to the Mosque and after leading the prayer he mounted the pulpit and invoked blessings on the martyrs of Uhud, as if it was said afterwards – he were doing it for the last time. Then he said: "There is a slave amongst the slaves of God unto whom God hath offered the choice between this world and that which is with Him, and the slave hath chosen that which is with God." When he said this Abu Bakr wept, for he knew that the Prophet was speaking of himself and that the choice meant imminent death. The Prophet saw that he had understood, and telling him not to weep, he said: "0 people, the most beneficent of men unto me in his companionship and in that which his hand bestows is Abu Bakr; and if I were to take from all mankind an inseparable friend he would be Abu Bakr -but companionship and brotherhood of faith is ours until God unite us in His Presence." It was on that occasion that he said, looking round at the multiple entrances into the Mosque from the private houses which surrounded it: "Behold these doors that intrude upon the Mosque. Let them be walled up, save only the door of Abu Bakr."!Before leaving the pulpit he said:"I go before you, and I am your witness. Your tryst with me is at the Pool,' which verily I behold from here where now I stand. I fear not for you that ye will set up gods beside God; but I fear for you this world, lest ye seek to rival one another in worldly gains."

The Last Week
From the Mosque he went back to the apartment of Maymunah, whose turn it was to house him. The effort of speech to the congregation had increased his fever; and after an hour or two, wishing to let 'A'ishah know that he was ill, he went briefly to visit her. She also was suffering from a headache, and when he entered her room she moaned: "Oh my head!" "Nay, 'A'ishah," said the Prophet, "it is oh my head!" But he looked at her searchingly, as if to seek some sign of mortal sickness in her face, and finding none he said: "I wished that it might be" -he meant her death " whilst yet I was alive, that I might ask forgiveness for thee and invoke mercy upon thee and shroud thee and pray over thee and bury thee." 'A'ishah could see that he was ill and she was alarmed at the tone of his voice, but she tried to make light of it, and succeeded in bringing a brief smile to his face. Then he repeated: "Nay, but it is oh my head,"; and returned to Maymunah.
He tried to do as he did when he was well, and continued to lead the prayers in the Mosque as usual; but his illness increased, until the hour came when he could pray only in a sitting position, and he told the congregation that they also should pray seated. On his return to the apartment of the wife whose day it was, he asked her "Where am I tomorrow?" and she named the wife to whom he would go. "And where the day after tomorrow?" he asked. Again she answered; but struck by his insistence, and sensing that he was impatient to be with 'A'ishah, she told the other wives, whereupon they all came to him and said: "9 Messenger of God, we have given our days with you unto our sister 'A'ishah."! He accepted their gift, but was now too weak to walk unaided, so 'Abbas and 'Ali helped him to 'A'ishah's apartment.
When his sickness grew severe he asked his wives: "Where shall I stay tomorrow?" "Where shall I stay?" They understood what he wanted. So they allowed him to stay  wherever he wished. He moved to ‘Aishah’s room leaning — while he was walking — on Al- Fadl bin Al-‘Abbas and ‘Ali bin Abi Talib. Head banded as he was, he dragged his feet till he came into her abode. It was there that he spent the last week of his life. During that period, ‘Aishah used to recite Al-Mu‘awwidhat (Chapters 113 and 114 of the Qur’an) and other supplications which he had already taught her.

Main Topic (Fiqh):
Fiqh - What is Qiyas (Divine Analogy)

The following is quite technical but needs to be clear as the rules surrounding this are complex. Hence, I’ve copied most of the important bits but in summary: QIYAS is using a specified reason found in Qur'an or Sunnah, and applying that reason to a new situation that has no clear rule in Qur'an or Sunnah

The meaning of Qiyas
The linguistic meaning of Qiyas is means estimation, measuring or ascertaining the length, weight, or quality of something, which is why scales are called miqyas. As a juristic term Qiyas the majority of Ulema have defined Qiyas as, the application to a new case (far'), on which the law is silent, of the ruling (Hukm) of an original case (asl) because of the effective reason ('Illa) which is in common to both.’
The following is an example of Qiyas:
“O you who have attained faith! When the call to prayer is sounded on the day of congregation (Friday), hasten to the remembrance of Allah, and leave all worldly commerce: this is for your own good, if you but knew it. And when the prayer is ended, disperse freely on Earth and seek to obtain Allah’s bounty; but remember Allah often, so that you might attain to a happy state!” (TMQ al-Juma’: 9-10)
The Ayah mentions that, when the call to prayer is given, one should disengage from all worldly commerce. The Ayah doesn’t mention to stop such acts as eating, resting, or anything else other than conducting business. The Ayah mentions that when the prayer is over, disperse and seek Allah’s bounty. This means that there is a reason to leave the commerce, being that if we do not, then we will be preoccupied and will forget the prayer.
The application of Qiyas for this example would be for any other activity besides commerce. This is because the Illah (missing the Juma’ prayer) occurs due to these activities as well. Therefore, working, playing, eating etc. are prohibited in the time of Juma’ because all of these activities prevent Muslims from performing the Juma’ prayer.

Daleel indicating the Authority of Qiyas
The evidence that Qiyas is a source of Shar'iah is that the Illah is based upon or derived from a Shari’ text. These Shari’ texts are the Quran, the Sunnah, or Ijma' as-Sahabah. These three have been proven as definitive sources of Shari’ah upon which no one can disagree upon. Therefore, the evidence that the Illah exists in the text in general is definitive (Qata’i) and this is also the case for Qiyas. When a text mentions a reason for a rule, extending this rule to any other issue having the same reason is considered another application for the text of the Ayah or Hadith.
The Prophet* demonstrated Qiyas and considered it as a Shari’ Daleel. The Sahabah followed him in this regard, and they also considered Qiyas as a Shari’ Daleel to extract rules. The Prophet* said to Mu'adh and Abu Musa al-Ashari when he appointed them as judges in Yemen: “What will you judge with?” They said, “If we do not find the rule in the Book or the Sunnah, we will compare the unknown issue with the known issue, and we will apply it.” (Ihkam of Amidi)
The Prophet* also demonstrated Qiyas in the following Hadith: The Messenger* said to a Sahabiyah when she asked regarding making Hajj on behalf of her father, "If your father owed a debt and you paid it for him, would that suffice?" She said, "Yes." He said, "The same is for the debt of Allah."
In order to instruct the Muslims, the Prophet* showed the Muslims how to compare the debt owed to Allah to that owed to a human being, such that paying it back fulfills the obligation. Thus, the rule confirms the acceptance of the settlement of the debt. On the other hand, the rule of the known Hukm may be one of negation. For example, Umer asked the Prophet* regarding whether or not the kiss of a fasting person would break the fast. The Messenger* said: "What if you rinse your mouth, does that break the fast? He replied No’" (Ahmad)
The Prophet* showed Umer how to perform Qiyas by comparing the kiss of the fasting person to the rinsing of the mouth and showing that neither breaks the fast.
The existence of an Illah constitutes the common matter upon which comparisons take place. The following Hadith is another illustration of the concept of Illah in Qiyas: When the Messenger* was asked about the trading of mature dates with dry dates, he asked: "Do the mature dates become lighter (in weight) if they dry up?" They said, "Yes." He said, "Then, no." (Daraqtuni) Based upon the Illah, the Prophet* demonstrated Qiyas by extending the rule of Riba to trading mature dates with dry dates.
Ibn Abbas narrated, "A woman said, 'O Prophet, my mother died owing a vow to fast; should I fast for her?' He* said: “What if your mother owed a debt and you paid it back for her, would that settle it?’ She said, 'Yes.' He replied, Then, fast for your mother.’” (Muslim)
Also, 'Abdullah ibn Zubair narrated: "A man from Khath'an (a tribe) came to the Prophet* and said, 'My father embraced Islam at an old age, and he cannot ride the camel and at the same time he is obligated to perform Hajj. Should I perform Hajj for him?' The Prophet* said, 'Are you the eldest son?' He said, 'Yes.' The Messenger* replied, 'What if your father owed a debt and you paid it back, would that settle it?' He said, 'Yes.' The Prophet* said, 'Then perform Hajj for him.'" (Ahmad)
In both Ahadith, the Messenger instructed the Muslims how to draw the analogy between the debt of Allah in fasting and Hajj and the debt to a human being. Both of them share the same Illah, which is the existence of a debt that must be paid. As the definition of Qiyas is derived from the Ahadith of the Prophet*, the definition is considered a Hukm Shari’. The rule that is extracted through Qiyas is a Hukm Shari’ that must be followed as any other Hukm Shari’ extracted from other legislative sources. The definitions and general rules which are extracted from the evidences are themselves considered Ahkam Shar'iah.
Qiyas is established upon an Illah, which is the common motive between any two issues. If an Illah exists, then Qiyas can be performed otherwise Qiyas is not possible. According to the strongest opinion the Illah must be stated or derived from a Shari’ text. If this is the case, this Qiyas would be Shari’ because the Illah has been stated by a Shari’ text. According to this view if this Illah has not been stated or derived from a Shari’ text, then the Qiyas cannot be considered valid from a Shari’ perspective nor can it be considered as a valid daleel.
It is documented that the Sahabah used Qiyas in many instances. When Abu Bakr gave inheritance to the maternal grandmother and not the paternal one, some of the Ansar told him: "You have given inheritance to a woman (the maternal grandmother) from a dead person (the grandson) who, if she were the dead person, he would not inherit from her. On the other hand, you left out a woman (the paternal grandmother) who, if she died, this person will inherit from her. So give them the one-sixth of the inheritance."
When Abu Bakr heard this Qiyas, he changed his rule and established the new rule. In another example, Umar doubted applying the death penalty for the group that kills a person. Ali told him: "O Ameer al Mu'mineen. If a group stole, would you cut their hands?" Umar said, "Yes," and Ali replied, "This is the same." Thus, Ali made Qiyas for the death penalty of a group based upon the penalty of theft for a group.
The evidence for Qiyas is the Shari’ah texts which contain Illah. The presence of an Illah entails that we follow the rationale of the text (ma’qool an-nass) of the Kitaab and Sunnah. Since the rationale is not from the mind but the text itself. If the rationale of the text extends to a new matter then we are obliged to extend it, otherwise we would not have followed the text.

The Process of Qiyas
Something is defined as a source in Usul when it serves as a source for new Ahkam (rules). Qiyas is a source because we can extract new Ahkam from it. By extending the original rule to new realities via a shared Illah, leads to new Ahkam for new realities and hence Qiyas is a source. This is one of the ways we can appreciate the capacity of Islam to apply to all times and places as Ahkam can be deduced for new realities and problems.
Qiyas is always built on the following four pillars:
i. Asl (old matter)
ii. Fari’ (new matter)
iii. Hukm (rule)
iv. Illah (effective reason)
For example Allah said: “And make ready against them all you can of power including horses to threaten the enemy of Allah.” (TMQ Al-Anfal: 60)
The Hukm given in the verse is that preparation is an obligation. The old matter is horses. The Illah is to terrify the enemy of Allah. As for the new matter, it is anything that will realise the Illah of the preparation, which is to terrify the enemy. So these days it would be obligatory to have tanks, fighter planes, and aircraft carries since they terrify the enemy. Not only that, the Illah obliges the Islamic State prepare in the following areas:
a) The arms development and war industry must be the strongest of its age if it is to fulfill the Illah of terrifying the enemy.
b) The state cannot depend on others for its sources of power and hence it has to strive to develop its own weapons and armaments.
c) It should have new sophisticated weapons which will strike fear in the hearts of the enemy.
There are specific guidelines and requirements for Qiyas explained in the books of Usul al-Fiqh. One such guideline is that there should be no existing ruling from the Qur’an, Sunnah and Ijma’ as-Sahabah for the new case.
Example:
Does a woman have to remove the nail polish before performing Wudhu? Some people claim she does not have to remove the nail polish in order to do Wudhu, and they justify it by doing Qiyas on the performance of Masah (wiping over the socks).
Qiyas cannot be performed in this situation because the Ayah regarding Wudhu explicitly orders to wash all parts of the hands, and polish prevents water from reaching the nails. In the case of Masah (wiping over the socks) the text is not presented with an Illah (legal reason) and cannot be extended to other things. Thus, Qiyas can be practiced in this issue.
Some of the other requirements for Qiyas are that the original ruling has to be from Qur’an, Sunnah and Ijma’ as-Sahabah, not from another Qiyas. In addition, the texts of the Qur’an, Sunnah and Ijma’ as-Sahabah must contain the justification for the ruling. We cannot use our Aql (intellect) to come up with the cause (Illah).

Illah from the Text or the Mind?
The strongest position is that the Illah must be from the text. This is because the mind is not capable to determining the reasons for the rules unless they have been revealed by Allah. The Illah is the daleel which allowed the extension of the rule to a new matter. For this rule to be a Hukm Shar’i i.e. a valid ruling of the Shar’iah, it must be taken from the speech (Khitaab) of the Legislator since the definition of Hukm Shar’i is the speech of the Legislator relating to man’s actions. Any rule which is not from the speech of the legislator is rejected because it is not revelation (Wahiy) and we are ordered only to follow the Wahiy in our actions. To extend the rule without a textual Illah would be like extending the prohibition of alcohol to vinegar just because vinegar originates from alcohol. Alcohol is one reality and vinegar is another. One cannot arbitrarily extend the Hukm without the text allowing such an extension. If the text allows it through an Illah, then this is a valid Hukm Shar’i, if not then it is a rational judgment which has no value in the Shar’iah.
This is notwithstanding the fact that man is unable to give judgment on that which he cannot sense. If the Creator did not provide us the reason (Illah) for the legislation of the rule then how can man judge it. Thus, not only is the rational Illah rejected from the viewpoint of Hukm shar’i but it is practically impossible for man to give such a judgment in the first place.
Furthermore, the fact that the mind cannot make analogy without a Shar’i Illah is aptly demonstrated by the reality of the Shari’ah rules themselves. For example, we find similar realities are given different Ahkam while different realities are given the same Hukm. The mind can normally make analogy between similar things but the text contradicts this principle: So in the absence of water, of all things dust are sufficient to make Wudhu even though they are two different things. According to the Shari’ah rules if a baby girl urinates on clothes then the clothes must be washed but if a baby boy does the same then it is sufficient just to sprinkle some water on it. Thus, similarity does not mean the same Hukm just as dissimilarity does not mean a different Hukm. So how can the mind make analogy for the sake of new Ahkam when even the existing Ahkam cannot be rationalised without a Shar’i Illah?

The areas of Ahkam Shari’ah which do not contain Illah
According to the strongest view no Illah exists in the Asl (origin) of the rules relating to:
- food,
- clothing,
- morals and
- ritual worships (Ibadat)
This is due to two reasons:
a) By a scrutiny of the texts we found that they do not contain Illah.
b) These rules are not related to achieving results in this life.
The divine rules related to Ibadat (worships), Mat’umaat (foodstuffs), Malboosaat (clothing) or Akhlaq (morals) cannot be reasoned by Illah. The primary motive for these actions is worship and hence there are no tangible results that we seek since the results are in the Hereafter. They should be taken as they came in the text and should not be based upon an Illah. Thus, prayer, fasting, pilgrimage, Zakah, the method of praying (Salah), the number of its rak'at, the rites of pilgrimage (hajj) and the minimum amount of property liable to payment of Zakah (Nisab of Zakah), and the like should be taken, accepted and submitted to as they came in the text (Tawkifiyyah) and no Illah is sought for them. The same applies to the prohibition of eating the meat of a dead animal, pork and the like. Seeking Illah for these rules is wrong and dangerous, because if an Illah was sought the result would be that if the Illah of the rule ceased to exist then the rule would no longer exist. This is because the Illah is connected to the rule in existence and absence.
As an example, if we assumed cleanliness was the Illah for the Wudhu (ablution), and physical exercise as the Illah for prayer, and good digestion as the Illah for fasting etc., then in these situations whenever the Illah doesn't exist, the rule would not exist either, this would lead us to abandoning these shari’ah rules. Another example would be if someone raised a clean pig which they had fed with good food and kept in a hygienic manner, would we then be permitted to eat it? Of course that would not make it permissible. Therefore seeking an Illah is dangerous for the rule and its performance. Thus, it is obligatory to take rules of Ibadat as they are, without seeking an Illah for them.
However in the Furu’ (branches) of worship Illah’s may exist because certain tangible results are sought. For example, Jihad is from the rules of worship (Ibadat) but its performance entails certain tangible results and hence there is a propensity for Illah’s to exist. So preparation for Jihad is a tangible result which is sought and it does contain an Illah which is to terrify the enemy.
The morals (Akhlaq) are values for which rules have been established to illustrate the virtues and noble deeds and their opposite. They also result from Ibadat, as well as being observed in Mu'amalat. This is because Islam aims in its legislation to take man on the road towards perfection, so as to reach the highest achievable level. Therefore man has to work towards acquiring the supreme qualities and to maintain them. The good moral is a value which is intended to be achieved because it is one which Shar’a has stated, and its value is targeted when performing these virtues and acquiring them. Morals are a part of the Islamic Shari’ah, and a part of the commands and prohibitions of Allah, which must be achieved by every Muslim so that his performance of Islam becomes complete, and his undertaking of the commands and prohibitions of Allah is perfected.
A Muslim should not acquire morals for the sake of morals. An action which man performs might be by itself, bad, but he thought it good, so he performed it. The attribute, which he was characterised with, might be by itself bad, but he considers it a good attribute so he acquired it and thus errors would arise because man performed morals for their own sake. For example, someone may seek to be truthful for the sake of it, therefore when he is captured by the enemy he is truthful to them and gives them all the information regarding the position of the Muslim troops and their strategy even though the Prophet* said: “War is deceit” And Islam prohibits giving information to the enemy that would lead to harming the Muslims.
Unless Islam defines the good attributes and the bad attributes and unless the Muslim performs them according to this definition, then his acquiring of these attributes would not be in compliance with the Ahkam Shari’ah. Therefore, the Muslim should not be characterised with truthfulness for the sake of truthfulness, nor should he be characterised with compassion for the sake of compassion, nor should he be characterised with all the morals for their own sake. Rather he should be characterised with them as commands from Allah, because the fundamental fact is that these morals are based on the Islamic Aqeedah. Observing this issue would guarantee the possession of the morals in individuals, thus purifying the soul of any impurity and distancing it from any corrupting factors. Therefore, the best way to protect morals is to confine them to what is stated in the text (Qur'an and Sunnah).
As for not acquiring morals for the sake of benefit, this is because benefit is not intended of the moral and should not be aimed at, lest it corrupts it and makes it revolve around the benefit. Hence, morals are attributes which man must be characterised with, freely and willingly, by the incentive of Taqwa (the fear of Allah). A Muslim does not abide by morals simply because they benefit or harm him in life, but he does so in response to the commands and prohibitions of Allah. This is the understanding, which makes characterisation with good morals constant and does not revolve around benefit. Such morals built on the exchange of benefit would make the individual a hypocrite, revealing certain behaviour while concealing his true nature. For example, may only be nice to another person because he wants him to buy something from him, but if there is someone who he cannot obtain material benefit from then he would not be nice to him.
Therefore, morals are not reasoned, and Illah should never be invented for them. They must be accepted as they came in Shar’a, irrespective of any Illah. It is erroneous and dangerous to seek Illah for morals, so as not to abandon the characterisation with morals when their Illah has ceased.

Types of Ahkam Shariah where an Illah can be found
As for the Mu’amalaat and Uqubat it is possible that the texts regarding them may contain Illah’s because they generally entail tangible results. For example, Allah ordered the Messenger* to distribute the spoils of war amongst the orphans and the poor. This is a tangible result sought by the Hukm which is open to having an Illah. Even though the Hukm is fulfilled for Allah’s sake the result is still tangible which means that there may be a reason why the poor should receive the booty. The reason here of course is stated in the text: “So that the booty does not become a commodity only between the rich among you.” (TMQ Al-Hashr: 7)
Of course many other texts relating to these areas do not include an Illah at all such as:  “Allah has permitted trade and has forbidden Riba (interest).” (TMQ Al-Baqara: 275)
The rules and evidences regarding the Muslim woman having to wear Khimar (headscarf) and Jilbab, the allowance for man to marry up to four wives at one time, the prohibition of women being rulers and many other rules have come without Illah, therefore these rules should not be reasoned at all and should be taken as they are.
There are four types of Illah:
• Explicit (Saraahatan)
• Implicit (Dalaalatan)
• Derived (Istinbaatan)
• Those derived through analogy (Qiyasan).

Customs and traditions cannot be an Illah
As for the change of traditions and customs of people, this does not have an effect in changing the rule, for the tradition is not an Illah of the Hukm Shar’ai nor a source for it. The traditions may agree or disagree with the Shar’a; If they disagree with the Shar’a then the Shar’a has come to abrogate and change them, since the function of the Shar’a is to change the corrupted traditions and customs, because they are the factors that cause corruption of the society. Therefore, they are not taken as a source for the Hukm Shar’ai nor an Illah for it. However, if the traditions were in agreement with Shar’a, then the rule is proved by its Shar’ai evidence and by its Shar’ai Illah and not by these traditions, even if these traditions do not contradict the Shar’a. Hence, customs cannot rule over the Shar’a, rather the Shar’a rules over the traditions and customs. Accordingly, the Ahkam Shar'iah have their own evidence which is the text and they have Shar’ai Illah and the traditions and customs are not a part of that at all.

Difference between Manaat al-Hukm (reality of the rule) and Illah
For example, alcohol is Haram, the divine law is the prohibition of alcohol. The investigation that a certain drink is alcohol or not, so as to judge it as Haram or not is an investigation of the Manaat. It is necessary to study whether the drink is alcohol or not in order to state that it is Haram. This investigation of the reality of alcohol is a verification of the Manaat. Another example is the divine law that the Mutlaq (absolute, unrestricted) water is the one which is allowed for Wudhu. So the investigation as to whether the water is unrestricted or restricted in order to judge upon it as allowed for Wudhu, is a verification of the Manaat. Therefore, it is necessary to study the water to determine if it is free or restricted. This study of the reality of the water is simply the verification of the Manaat and nothing to do with the Illah of the Hukm. Similarly, a person who made Hadath (discharged something from back or front) has to make Wudhu for the prayer, therefore the verification that the person is Mohdath (impure) or not Mohdath is a verification of the Manaat.
The investigation of the Illah is related to the understanding of the text from the Ayat or Ahadith and therefore it is the work of a qualified Mujtahid. Whereas the verification of the Manaat such as the verification of whether a liquid is alcohol is the investigation of the reality of a thing that is the subject of the Shari’ah. Accordingly, it is not a condition that the one who verifies the Manaat be a Mujtahid or a Muslim, but it is enough that he or she to be knowledgeable of the matter.

Children’s Feedback
The importance of water and not wasting it
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Dawah – What is it and how to  do it (part1)

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Bank of Akhirah:
Parents and Children were asked to think about anything they have done over the past week purely for the sake of Allah, with Ihsaan and sincerity. Thus seeking the pleasure of Allah alone. Then put these on a piece of paper and put it in the cardboard Kaaba at the start of the next Study Circle.
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Reminder
Quiz sometime after Christmas (i/A)

Homework
Seerah ~ REVISE FOR THE QUIZ
Belief ~ How do we derive / make laws in Islam ? What is the process of lawmaking?