10 March 2013
Creation Eve, sources Law not agreed
Summary

Lives of the Prophets:
Allah Creates a Partner for Adam – Hawa from his rib
The Test from Allah: Don’t Go Near The Tree
Satan (Iblis) tempts them both with Eternal Kingdom & Immortality
Adam & Hawa Cast Out of Paradise for disobeying Allah
Adam knows he has wronged himself and unless Allah forgives him he will be a loser
Adam disobeyed of his own free will
No concept of Original Sin in Islam – we are accountable for our own deeds

Fiqh: Sources of Hukm Shar’i not agreed upon by all the Ulema
Ijma’ al Ummah (Unanimous agreement of the Ummah)
Ijma’ al Mujtahideen (Ijma al-Ulema) - (Unanimous agreement of the Scholars)
Ijma’ Ahlel Bayt (Unanimous agreement of the House of the Prophet)
Ijma’ Ahlel Medinah (Unanimous agreement of the People of Medina)
Istihsan (to approve or to do something preferable)
Masalih Al Mursalah (means benefit or public interest)
Laws revealed before Islam (Shar’a man qablana)
None of these are Definitie and reliable as sources of what Allah wants us to do – without doubt

Prophet Adam, Creation of Hawa and temptation from Iblis

Allah Creates a Partner for Adam - Hawa

The angels realized that Adam was the creature who knew what they did not know and that his capacity to learn was his noblest quality. His knowledge included knowledge of the Creator which we call faith or Islam, as well as the knowledge he would need to inhabit and master the earth. All kinds of worldly knowledge which are included in this.

Adam knew the names of everything. Sometimes he talked to the angels, but they were preoccupied with worshipping Almighty Allah. Therefore Adam, felt lonely. One day he slept and when he awoke he found near his head, a woman gazing at his face with beautiful tender eyes.

The angels asked him her name He replied: "Eve (Hawa)." (means living things). They asked: "Why did you call her Eve?" Adam said: "Because she was created of me and I am a living being."

Ibn Abbas and a group of companions of the Prophet* narrated that when Iblis was sent out of Paradise and Adam was accommodated therein, Adam was alone in Paradise and did not have a partner from whom he could get tranquility. He slept for some time and when he woke up, he saw a woman whom Allah had created from his ribs. So he asked her, "Who are you?" She replied, "A woman" He asked: "Why have you been created?" She said :"So that you could find tranquility in me." The angels, trying to find out the extent of his knowledge, asked him: "What is her name O Adam?" He replied, "Eve" They asked "Why was she so named?" He replied, "Because she was created from something living."

Muhammad Ibn Ishaq and Ibn Abbas related that Eve was created from the shortest left rib of Adam while he was sleeping and after awhile she was clothed with flesh. that is why Allah the Exalted said: O Mankind! Be dutiful to your Lord, Who created you from a single person (Adam) and from Him (Adam) He created his wife (Eve), and from them both He created many men and women. [TMQ 4:1] Allah also said: It is he Who has created you from a single person (Adam) and then He created from him his wife (Eve), in order that he might enjoy the pleasure of living with her. [TMQ 7:189]

Abu Hurairah narrated that the Prophet Muhammad (PBUH) said: "O Muslims! I advise you to be gentle with women, for they are created from a rib, and the most crooked portion of the rib is its upper part. If you try to straighten it, it will break and if you leave it, it will remain crooked, so I urge you to take care of the women." [Sahih Bukhari]

Allah commanded Adam to dwell in Paradise: "O Adam! Dwell you and your wife in the Paradise and eat both of you freely with pleasure and delight of things therein as wherever you will, but come not near this tree or you both will be of the Zalimeen (wrong doers)." [TMQ 2:35]

The location of this Paradise is unknown to us. The Qur’an did not reveal it.

The Test from Allah: The Tree

Adam and eve were admitted to Paradise and there they lived the dream of all human beings. Allah permitted them to approach and enjoy everything except one tree, that might have been the Tree of Pain or the Tree of Knowledge. Allah forbade them they were give abode in Paradise. "But come not near this tree or you both will be of the wrong doers." [TMQ 2:35]

Adam and Eve understood that they were forbidden to eat the fruit of that tree. Adam was however a human being and man tends to forget. His heart changes and his will weakens. Iblis summoned all the envy within him and took advantage of Adam's humanity to exploit him. He started to whisper to him day after day, coaxing him: "Shall I guide you to the Tree of Immortality and the Eternal Kingdom?" He said to them: "Your Lord did not forbid you this tree save you should become angels or become of the immortals." He (Satan) swore by Allah to them both saying: "Verily I am one of the sincere well wishers for you both." [TMQ 7:20-21]

Adam asked himself: "What will happen if I eat from this tree? It might truly be the Tree of Immortality." His dream was to live forever in the pure innocence of Paradise.

Years went by, and Adam and Eve were preoccupied with thoughts of that tree. Then one day they decided to eat of its fruit. They forgot that Allah had warned them not to approach it and that Iblis was their sworn enemy. Adam stretched out his hand, picked one of the fruits and offered it to Eve. They both ate of the forbidden tree.

Allah Almighty told us: "So he (Satan) misled them with deception." [TMQ 7:22] Allah said: "Thus did Adam disobey his Lord so he went astray." [TMQ 20:121]

According to the Old Testament, Eve was tempted by the serpent to eat of the forbidden tree. She ate because of the words of the serpent and fed Adam some of it. At that moment, their eyes were opened to the fact that they were naked, and they took the leaves of the fig tree to cover themselves. Wahb Ibn Munabah said that their clothing (before their sin) was made of light on the private parts of both of them.

This story in the Old Testament is a falsification and deception. Allah the Almighty revealed: "O Children of Adam! Let not Satan deceive you, as he got your parents (Adam and Eve) out of Paradise stripping them of their rainments; to show them their private parts. Verily he and Qabiluhu (his soldiers from the jinn or his tribe) see you from where you cannot see them. Verily, We made the devils (protectors and helpers) for those who believe not." [TMQ 7:27]

Adam had hardly finished eating when he felt his heart contract, and he was filled with pain, sadness and shame. The surrounding atmosphere had changed and the internal music had stopped. He discovered that he and his wife were naked, so they both started cutting tree leaves with which to cover themselves.

Adam & Hawa Cast Out

Allah the Almighty addressed him: "Did I not forbid you that tree and tell you: Verily Satan is an open enemy unto you?" They said: "Our Lord! We have wronged ourselves. If You forgive us not, and bestow not upon us Your Mercy, we shall certainly be of the losers." Allah said; "Get down, one of you an enemy to the other (Adam, Eve, and Satan etc). On earth will be a dwelling place for you and an enjoyment, for a time." He said: "Therein you shall live and therein you shall die, and from it you shall be brought out (resurrected)." [TMQ 7:22-25]

Again there are old stories about these events. Al Hafez Ibn Asaker narrated that Allah commanded two angels to remove Adam from His holy proximity. So Gabriel stripped him of the crown on his head, and Michael took the diadem from his forehead. Adam thought that his punishment had been hastened and bowed down crying; "Forgiveness! Forgiveness!" so Allah asked: "Are you running away from Me?" Adam replied, "No, my Lord, but I am shy of You."

They left Paradise and descended upon the earth. Adam was sad and Eve was crying. Allah accepted their repentance because it was sincere and He told them that the earth would be their realm and origin where they would live and die and whence they would come on the Day of Judgment.

Allah the Almighty recounted this third lesson Adam learned in Paradise: Indeed We made a covenant with Adam before, but he forgot, and We found on his part no firm will power. Remember when We said to the angels "Prostrate yourselves to Adam." They prostrated (all) except Iblis, who refused. then We said: "O Adam! verily, this is an enemy to you and to your wife. so let him not get you both out of Paradise, so that you be distressed in misery. Verily, you have (a promise from Us) that you will never be hungry therein nor naked. And you will suffer not from thrist therein nor from the sun's heat."

Then Satan whispered to him, saying "O Adam! Shall I lead you to the Tree of Eternity and to a kingdom that will never waste away?" Then they both ate of that tree, and so their private parts appeared to them, and they began to stick on themselves the leaves from Paradise for their covering. Thus did Adam disobey his Lord, so he went astray. Then his Lord chose him, and turned to him with forgiveness and gave him guidance.

Allah said: "Get you down (upon the earth), both of you, together from Paradise, some of you are an enemy to some others. Then if there comes to you guidance from Me, then whoever follows My Guidance shall neither go astray, nor fall into distress and misery. But whosoever turns away from My Reminder (neither believes in this Qur’an nor acts on its orders etc). Verily, for him is a life of hardship and We shall raise him up blind on the Day of Resurrection."

He will say: "O my Lord! Why have you raised me up blind, while I had sight before." Allah will said: "like this, Our Ayat (proofs, evidences, verses, lessons, signs, revelations, etc). came unto you, but you disregarded them (you left them, did not think deeply in them, and you turned away from them), and so this Day, you will be neglected in the Hellfire, away from Allah's Mercy.)"

And thus do We requite him who transgresses beyond bounds (commits the great sins and disobeys his Lord (Allah) and believes not in His Messengers, and His revealed Books, like this Qur’an etc), and believes not in the Ayat (proofs, evidences, verses, lessons, signs, revelations, etc). of his Lord, and the torment of the Hereafter is far more severe and more lasting. [TMQ 20:115-127]

Who’s fault is it anyway?

Some people believe that the reason why mankind does not dwell in Paradise is that Adam was disobedient and that if it had not been for this sin, we could have been there all along. These are naive fictions because when Allah wanted to create Adam, He said to the angels, "I shall make a vicegerent on the earth." He did not say, "I shall make a vicegerent in Paradise."

Adam's descent on earth, then, was not due to degradation but rather it was dignified descent. Allah knew that Adam and Eve would eat of the tree and descend to earth. He knew that Satan would rape their innocence. That experience was essential for their life on earth; it was a cornerstone of their vicegerency. It was meant to teach Adam, Eve, and their progeny that it was Satan who had caused them to be expelled from Paradise and that the road to Paradise can only be reached by obedience to Allah and enmity to Satan.

Could it be said that Adam and the rest of mankind were predestined to sin and to be expelled from Paradise and sent to the earth? In fact, this fiction is as naive as the first one.

Adam complete free will, and he bore the consequences of his deed. He disobeyed by eating of the forbidden tree, so Allah dismissed him from Paradise. His disobedience does not negate his freedom. On the contrary it is a consequence of it.

The truth of the matter is that Allah knew what was going to happen, as He always know the outcome of events before they take place. However Allah does not force things to happen. He grants free will to His human creatures. On that He bases His supreme wisdom in populating the earth, establishing the vicegerents, and so on.

Adam understood his 3rd lesson. He knew now in a practical way that Iblis was his enemy, the cause of his losing the blessing of living in Paradise, and the cause of his distress. Adam also understood that Allah punishes disobedience and that the way of Paradise has to be through submission to the will of Allah. And he learned from Allah Almighty to ask for forgiveness.

Allah accepted Adam's repentance and forgave him. He then sent him to the earth as His first messenger.

Umar Ibn Al Khattab also narrated that the Prophet Muhammad (PBUH) said: "Moses said: 'My Lord! May I see Adam who removed us and himself from the Paradise?" so Allah made him see Adam and he said to him: "Are you Adam?" Adam said: "yes." And he said "Were you the one in Whom Allah breathed His spirit and before whom He bowed His angels and to whom He taught the names of all things?" Adam answered: "yes." so Moses said: "What made you remove us and yourself from Paradise.?" Adam said: "Who are you?" Moses said: "I am Moses." Adam said: "So you are Moses the prophet of the Children of Israel. Were you the one Allah spoke to directly?" Moses answered "yes." Adam said: "Why do you blame me for a matter which Allah had predestined?" So Allah’s Prophet Muhammad* said twice. "Adam outclassed Moses." [Sahih al Bukhari]

Main Topic: Usul al-Fiqh (continued)
Sources of Law that are not agreed upon

Ijma’ al Ummah

In the past and present, some Ulema have taken Ijma’ al Ummah as a legislative source and it has been defined as the agreement of the Ummah of Muhammad* on a matter at anytime, past, present, or future. The one Ayah, which is most frequently quoted in support of Ijma’ al Ummah, is in Surah al-Nisa: 115.

“And anyone who splits off from the Messenger after the guidance has become clear to him and follows a way other than the believers, we shall leave him in the path he has chosen and land him in hell - what an evil refuge.” (TMQ An-Nisa: 115)

Some of the Ulema observe that “the way of the believers” in this Ayah refers to their agreement and the way that they have chosen, in other words, their Ijma’. Adherence to the way of the community is thus binding and departure from it is forbidden. Others have stated that even if the Ayah constitutes an irrefutable proof, it does not have a Qata’i (conclusive) meaning.

Secondly, this Ayah refers to the Oneness of Allah and the Prophethood of Muhammad (saw). And “Following a path other than that of the believers,” means abandoning Islam. The Ayah was revealed on the occasion of a Muslim who turned away from Islam. Thus, the Ayah is not general. Due to these points, utilising this Ayah as a Daleel for Ijma’ al Ummah is invalid.

The Ahadith which are most frequently quoted in support of Ijma’ al Ummah are:

“My Ummah shall never agree on a Dhalalah (misguidance).” (Ibn Majah) “Verily Allah will not make my Ummah agree upon al Khata (mistake).” (Tirmidhi) “Allah will not let the Ummah of Muhammad (saw) agree upon Dhalalah (misguidance)” (Ibn Majah) “I beseeched Allah Almighty not to bring my Ummah to the point of agreeing on Dhalalah (misguidance) and He granted me this.” (Ibn Majah) “A group of my Ummah shall continue to remain on the right path. They will be the dominant force and will not be harmed by the opposition of dissenters.” (Ibn Majah)

A source for legislative rulings has to be based on a Qata’i Daleel. These Ahadith are Adilla Dhanniya (conjectural evidences). Secondly, these Ahadith cover different topics, first of which is that the Ummah does not agree upon Dhalalah, which means returning back from Islam.

In fact, these Ahadith justify that the Muslim Ummah, as a whole, will not revert to Kufr. Furthermore, the Ahadith that mention “Khata” (mistake) are weak Ahadith.

Also, if the above-mentioned Ahadith are taken as a source to justify the honesty of the Ummah as a whole, these Hadith contradict other Hadith in which the Prophet (saw) criticised future generations. As an example, Imran ibnu Haydh reported the Prophet (saw) as saying:

“The best of my Ummah are those who lived in my lifetime then those who lived after them and those who lived after them. (Imran said: I don’t remember whether it was two generations after his or three). Then will come a time when people will fabricate stories or tale without evidence and will cheat and not be trustworthy nor be faithful and they will appear obese.” (Bukhari)

Many scholars such as Bukhari and Ahmad bin Hanbal report this in many forms. In another saying, the Prophet (saw) said:

“Lying will become a common practice, the believer will be called unbeliever and some people will give false testimonies and will testify before being asked and some people will become like wolves.” (Tirmizi, Ibn Majah & Ahmad)

All these sayings contradict the previous sayings if they are taken to prove Ijma’ al Ummah, because Ijma’ al Ummah assumes that the Ummah will always agree on good, whereas, these Ahadith indicate that some parts of the Ummah will go astray. There cannot be contradiction in the revelation. Thus, Ijma’ al Ummah can have no value as a source for Hukm Shar’i.

Ijma’ al Ulema (al-Mujtahideen)

Ijma’ al Mujtahideen (Scholars) is defined as a unanimous agreement of the Mujtahideen (those who exert their efforts to extract the Ahkaam) of the Muslim community of any period following the death of the Prophet (saw). The proponents of Ijma’ al Mujtahideen have used the same Daleel, which is used for Ijma’ al Ummah. Thus the same arguments would apply to Ijma al Mujtahideen.

 Ijma’ Ahlel Bayt

Some Ulema have confined Ijma’ to the household of Prophet Muhammad*. In support of their argument, they refer to the following evidence:

“O Wives of the Prophet* Allah wishes to cleanse the people of the House (of Prophet (saw) of impurities (al-Rijis)” (TMQ Al-Ahzab: 32-33)

The proponents of this type of Ijma’ have said that when this Ayah was revealed the Messenger (saw) took his cloak and covered Imam Ali (ra), Hussein, Hasan and Fatimah umm Hasan (ra) and said: “O Allah these are members of my household.” (Tirmidhi)

Also, the Ulema have backed their argument from the Sunnah with this saying of the Prophet (saw): “I am leaving amongst you two valuable things (al-thaqalayn), the book of Allah and my (Usra) family.”

Thus, the claim is made that Allah (swt) has lifted ar-Rijis from the family of the Prophet (saw) and that ar-Rijis means mistake. According to their argument, Ahlel Bayt are infallible, and thus, their Ijma’ is a legitimate source of Shari’ah.

In response to the Ayah in Surah al-Ahzab, the meaning is not Qata’i (decisive). Also, this Ayah was revealed in regards to the wives of the Prophet (saw) as well. It is not exclusive to Fatimah umm Hasan (ra), Ali (ra) and their sons (ra). Does this mean that all his (saw) wives were infallible?

Based on this argument, they should be? Also, the word “ar-Rijis” mentioned in the Ayah means the lifting of suspicion or dishonesty and not mistake. The word Rijis has been mentioned in many Ayahs under the meaning of moral impurities such as:“Thus Allah lays rijis (shame) upon those who believe not.” (TMQ Al-An’am: 125) “It is not for any soul to believe except by the permission of Allah. He has set Rijis (uncleanness) upon those who have no sense.” (TMQ Yunus: 100)

Rijis, in these and many other places in the Qur’anic text, denotes moral impurities. Removing the Rijis does not in any way mean that they are infallible.

As for the Hadith, which narrated that the Prophet (saw) covered, with his (saw) cloak, Imam Ali, Fatimah Umm Hasan (ra), Hussain and Hasan (ra), and then said, these are my family, it is by no means an indication that Ahlel Bayt is solely limited to them. The word family in the Ayah in Surah Ahzab means the wives of the Prophet (saw) as well.

A Hadith of Al-Thaqalayn narrated by Zayd Bin Arqam (ra) has backed this. For clarification of this Hadith, Hussein (ra) said to Zayd (ra) “O Zayd who are his (saw) family? Are they not his (saw) wives?”

He said, “Yes his (saw) wives are his (saw) family, but his (saw) family are those who have been excluded from accepting Sadaqah (charity)” So he inquired, “Who are they?” - Zayd said, “they are the family of Ali, the family of Aqil, the family of Ja’fer”. Hussain then asked, “Have all these people been excluded from accepting Sadaqah?” And he replied, “Yes”.

All of this confirms that the mentioned Ayah cannot be taken as evidence that the consensus of ahlel bayt and their infallibility is justified. This means that Ahlel Bayt is not restricted to Fatimah umm Hasan, Ali (ra) and their sons (ra) only.

 Ijma’ Ahlel Medinah

The Ulema who subscribe to this type of Ijma’ have restricted it to the people of Medina. They base their opinion on the Hadith of the Prophet (saw): “The Medina city cleanses all filth (Khabath).” (Bukhari & Muslim)

The Ulema also claim that Khabath means mistakes and in this case the Hadith would also indicate that its people are free from mistakes. Since the people are free from mistakes, it follows that their Ijma’ is considered valid.

The complete text of the Hadith is mentioned in Bukhari and Muslim. It relates that a bedouin gave the pledge of Islam to the Prophet (saw), he then became sick and said: O Prophet (saw), free me from the allegiance I gave to you. The Prophet (saw) rejected. The man then asked again and the Prophet (saw) again rejected, so he left the Prophet (saw) and became well. The Prophet (saw) said:

“The city of Medina is like the bellows (an instrument used by a blacksmith for blowing air into the fire to make the fire burn quickly). It cleanses its filth (Khabath) and its goodness will shine”. (Bukhari, Muslim & Ahmad)

This Hadith indicates an attribute of the city of Medina that it cleanses people, it does not indicate the people of Medina as such. Furthermore, any mistake in Ijtihad cannot be considered as Khabath (filth) because there is no reward in this.

The Prophet (saw) has forbid Khabath (filth). In the following sayings of the Prophet (saw): “The Dog is Filth and the the price (money obtained from selling) of a dog is Khabith (filth).” (Muslim) “The dowry (money taken for Zina) of a whore or prostitute is Khabaith (filthy).” (Bukhari & Muslim) “Alcohol is the mother of all Khabaith (filth).” (An-Nisai)

However, the Mujtahid would be rewarded even if he erred and made an error. For the Prophet (saw) said: “My Ummah is not responsible for three things: mistakes, forgetfulness, and whatever is done under duress.” (Ibn Majah)

So, Khabath cannot be considered as an error and Ijma’ ahlel Medina cannot be taken as infallible. Furthermore, the Hadith used to justify Ijma’ ahlel Medina is not Qata’i.

 Istihsan

Istihsan literally means to approve or to do something preferable. It is a derivation of Hasuna, which means being good or beautiful. As a juristic term, Istihsan is defined as shifting from one Qiyas to another Qiyas due to a reason or suspending a Qiyas for a reason. A Mujtahid may take into consideration any of these options.

7.5.1 Types of Istihsan:

A. Istihsan by Qiyas- switching from a ruling of Qiyas to another ruling by Qiyas due to a stronger reason.

B. Istihsan by necessity - shifting to another Qiyas due to necessity.

C. Istihsan by Sunnah - Cancelling the Qiyas due to a contradiction caused by the Hadith.

Example: The Prophet (saw) said who has Khuzaima as his witness it is enough for him, meaning that the testimony of that person (Khuzaima) equals the testimony of two people. While the ruling from Qiyas is to have two witnesses, the Qiyas is cancelled because this was a special situation for Khuzaima by the Prophet (saw).

D. Istihsan by Ijma as-Sahabah - Cancelling a ruling from Qiyas due to a contradiction caused by the Ijma’ as-Sahabah.

Example: Paying a company to manufacture items such as chairs. The ruling from Qiyas is that it is not allowed because the items under discussion (e.g. chairs) are not present at the time of the contract. But the ruling from Qiyas is cancelled due to the Ijma’ as-Sahabah.

The first two types of Istihsan have no valid Daleel for their application. Technically, the third and fourth are not Istihsan; rather, they are ruling based on a Daleel from Sunnah and Ijma’ as-Sahabah.

The proponents of Istihsan use the following Ayah to validate Istihsan: “And give glad tidings to those of My servants who listen to the word and follow the best of it. Those are the ones that Allah has guided and endowed with understanding.” (TMQ Az-Zumar: 18) “And follow the best of what has been sent down to you from your Lord.” (TMQ Az-Zumar: 55)

These Ayahs do not authorise the use of Istihsan. Rather, the Ayah instructs us to follow the best statements, which were revealed, Qur’an. This is because the second part of the Ayah describes those who do as the ones that Allah (swt) has guided.

Imam Shafi’i used to say “Those who practice Istihsan are the Shar’i (legislator), and if Istihsan is allowed in this Deen then it should be allowed for any intellectual person to initiate laws for himself.” (Al-Risala)

 Masalih Al Mursalah

Literally, Maslahah means benefit or interest. As a juristic term Maslahah Mursalah refers to accepting public interest in the absence of ruling regarding an issue from the Qur’an or Sunnah.

7.6.1 Types of Masalih Al Mursalah

A. Maslahah cancelled by the text - Maslahah (benefit/interest), which is cancelled due to a ruling from the text. All agree that this kind of Maslahah is invalid.

Example: One of the Khaleefahs had marital relations with his wife during the daytime in Ramadan. One of the Ulema advised the Khaleefah to fast two consecutive months as Kaffarah. Another Alim asked this Alim how he issued this ruling when the Khaleefah first must free one slave, and if he could not, then feed 60 people, and, if he cannot, then he should fast two consecutive months.

The Alim answered, that if he had ordered the first two punishments, then it would have been easy for the Khaleefah and he might have done the same act again. This form of Maslahah is invalid because a ruling on the issue already exists from Sunnah. The ruling is that if a person breaks his fast in Ramadan by having sexual intercourse with his wife, then he has to free a slave. If he can’t, then feed 60 people, if he can’t, then fast 60 days. This is based on a Hadith reported by Bukhari, Muslim, Ibn Majah and Abu Dawud. This order cannot be changed.

B. Maslahah approved by the Shari’ah - Benefit, which the Shari’ah does not forbid. As an example, allowing people to trade. This trade is the interest of the people and Qur’an allowed us to conduct trade. All agree that this type is valid.

C. Adopting Maslahah (benefit/interest) in an action from which there is no ruling from Qur’an and Sunnah.

For example compiling the Qur’an or cancelling the Hadd (punishment) for stealing during famine.

There is no debate amongst the Ulema on the first two types of Maslahah al Mursalah. But there is disagreement regarding the third type of Maslahah.

Some have accepted it within specific requirements while others have rejected it outright.

The Ulema who have accepted Maslahah al Mursalah give the following justifications:

A. Shari’ah, in general, came to satisfy the interests of the people in the correct manner.

B. Sahabah (ra) agreed through Maslahah (benefit/interest) to compile the Qur’an without having evidence either in the Qur’an or in the Sunnah to do so. This is among the many examples claiming that the Sahabah (ra) compiled the Qur’an due to its benefit but without a Daleel.

Regarding the first justification, it is true that the Shari’ah in general came for the interest of the Ummah, but we cannot use this argument as an Illah (cause) to justify every ruling. All the rulings from Qur’an, Sunnah, Ijma’ as-Sahabah and Qiyas are there to satisfy our needs. In addition, a Muslim obeys and implements the rules as obedience to Allah (swt) and not because the rulings are easy, hard or connected with Maslahah (benefit). So we cannot use the benefit as a justification to legalise any action. There has to be evidence allowing such an action.

Regarding the second justification, by investigating all of these examples it will become obvious that the Sahabah (ra) understood the evidences thoroughly. The rules of Usul al-Fiqh were not written at the time. The Sahabah (ra) used to extract rulings because of their ability to understand both the language and text. We do not observe any actions by them, which did not have grounds from the text.

Regarding the compilation of the Qur’an, it was not done because of Maslahah. The Sahabah (ra) understood that they had to do something to preserve the Qur’an and this is in compliance with the Ayah:

“Lo! We revealed the Reminder, and Lo! We verily are its Guardian.” (TMQ Al-Hijr: 9)

In addition to the Ayah there is a Hadith asking Muslims to remove any harm or to avoid causing any harm. The Prophet (saw) said:

“There is no Harm or Harming” (Bukhari & Muslim), meaning that harm is not allowed. What can be a bigger harm than losing the Qur’an itself? What Uthman (ra) did by burning different copies of the Qur’an and maintaining only one copy fits under the command of the above mentioned Ayah and Hadith.

Regarding Umar’s (ra) cancelling the Hadd for cutting the hand during famine, it is in agreement with the requirement for cutting a person’s hand for stealing. One of the requirements is that if the crime of theft happens during the famine, then the Hadd is lifted. So, Umar (ra) simply implemented the requirement. The Prophet (saw) said: “No cutting in famine.”

Also, the Prophet (saw) instructed us not to apply the Hadd in case of doubt. Above all, from the definition of Hukm Shar’i, we should realise that it is the address of the Share’, Allah (swt). Furthermore, it is well established from the Qur’an that Allah (swt) has perfected our Deen and chosen Islam as that Deen. This indicates that the Shari’ah is perfect. The concept of Maslahah, however, implies that there are some issues without rulings from Islam, and to fill this vacuum, we have to apply public interest. This concept is not correct and therefore, this type of Maslahah is invalid.

Laws revealed before Islam :(Shar’a man qablana)

Those who say that the Shari’ah of the previous nations is a Shar’iah for the Muslims provide the following sayings of Allah (swt) as Daleels:

“We have sent you Wahi, as we sent it to Nuh” (TMQ An-Nisa: 163) “He set for you from the Deen what He advised for Nuh” (TMQ Ash-Shura: 13) “Then We revealed to you, Follow the millah of Ibrahim.’” (TMQ An-Nahl: 123)

They claim that the above Ayat address the Muslims by the Shar’iah of the previous Prophets. They also state that Allah (swt) orders the Muslims to abide by everything the Messenger (saw) conveyed, except for issues specific to him and issues that were abrogated.

Based upon this understanding, they claim that the Muslims are addressed by the Shar’iah of previous nations because the Qur’anic text contains neither an exception nor an abrogation.

This argument stems from an incorrect understanding of the Ayat. The first Ayah means that Allah (swt) revealed the Wahi to Muhammad (saw) in the same manner that he revealed the Wahi to previous Prophets. The second Ayah means that Allah (swt) revealed to Muhammad (saw) the same Tawheed and fundamental beliefs that Nuh (as) was ordered to follow, and the third Ayah orders Muhammad (saw) to follow the fundamentals of Tawheed because the word Millah’ refers to Tawheed. Similarly, Ayat like, “Follow the guidance they received,” refer exclusively to the Tawheed, which is the core of the Deen that all Prophets and Messengers shared, but it does not refer to the Shar’iah that came with each message.

As for the saying of Allah (swt), “It was We who revealed the Torah: therein was guidance and light by which the Prophets ruled” (TMQ Al-Maidah: 44)

It is addressing the Prophets of Bani Israel, not Muhammad (saw), because the Muslims have no Prophets but one. Regarding the narration of Abu Hurairah in which the Messenger of Allah (saw) said,

“The Prophets are brothers. Their mothers are different and their Deen is one.” (Muslim) The expression “their Deen is one” refers to the Tawheed or Aqeedah, which all the Messengers have. This does not mean that the entire message or Shar’iah prescribed to each nation is alike because Allah (swt) says: “To each among you, We have prescribed a Shar’iah and a method.” (TMQ Al-Maidah: 48)

Thus, the evidences that are used for justifying the Shar’iah of previous Prophets and nations as a legal source are not strong. Furthermore, there are evidences that prohibit following the previous Sharaa’i whether they are mentioned by the Qur’an and Hadeeth or otherwise.

Allah (swt) says: “If anyone chooses a Deen other than Islam, never will it be accepted of him” (TMQ Al-Imran: 85) “Verily the only Deen that is accepted by Allah is Islam.” (TMQ Al-Imran: 19)

Both texts state that any Deen other than Islam is not accepted from anyone. Thus, it is not possible that Allah (swt) would require the Muslims to follow them. Allah (swt) also says: “To you We sent the Book with the truth, verifying the Book that came before it, and dominating it.” (TMQ Al-Maida: 48)

The domination of the Qur’an over previous books cannot mean the verification of them because Allah (swt) used the word “verification” in the same Ayah. Thus, it means that the Qur’an abrogates them all. Also Ijma’ as-Sahabah on this matter indicate that the Islamic laws abrogated all previous ones.

In addition, Allah (swt) says: “Were you witnesses when death appeared before Ya’qoob? Behold he said to his sons, What will you worship after me? They said, We will worship your God and the god of your fathers, of Ibrahim, Isma’eel and Ishaq-the one true God: to Him do we submit.’ That was an Ummah that passed away. They shall reap the fruit of what they did, and you of what you do. You shall not be asked about what they did.” (TMQ Al-Baqarah: 133-4)

Allah (swt) states that the Muslims will not be questioned regarding the actions of the Prophets. Conveying the Shar’iah and acting upon it is a part of their actions which Muslims are not questioned for and the Muslims are not addressed by it, and it is not binding upon them. Also, Jabir narrated that the Messenger of Allah (saw) said: “I have been given five things which none before me was given: each Prophet was sent specifically to his people while I have been sent to every red and black.” (Muslim)

Abu Hurairah narrated that Allah’s Messenger (saw) said: “I have been preferred over other Prophets with six things,” one of which was that: “I am sent to all of creation.” (Muslim)

The Prophet (saw) says that each Prophet before him (saw) was sent only to his people, which means no one else but their own people are responsible for their Shar’iah. None of the previous Prophets were sent to the Muslims. Therefore, their laws are not a Shar’iah for the Muslim Ummah.

This is supported by what is clearly mentioned in the Qur’an: “To Thamood, We sent their brother Saleh” (TMQ Hud: 61) “To Ad, we sent their brother Hud” (Al-Araf 7: 65) “To Midian, We sent their brother Shu’ayb” (Al-Araf 7: 85)

The above show that the previous laws are not Shara’i for the Muslims for three reasons. First, the Daleels that are used refer only to the Tawheed and Aqa’id, and not the Shar’iah. Second, there are legal texts that prohibit following any Shar’iah except the Islamic Shar’iah. Third, each Prophet was sent specifically to his people.

The Muslims are not part of previous nations, the previous Prophets were not sent to the Muslims, and the Muslims are not addressed by their law and consequently not responsible for them. Thus, the law of previous nations is not considered as a source of rules.

Regarding the claim that Muslims have to follow everything that the Messenger (saw) mentioned. Allah (swt) ordered the Muslims to follow what the Messenger (saw) brought. The Messenger (saw) narrated the affairs of previous nations to learn and take lessons from the morale of their stories, and not to abide by their laws. The Messenger (saw) narrated to the Muslims the stories of the previous Prophets as well as information about other nations. He (saw) explained their situations and rules they were following just as a reminder, not as an order to follow their laws. The news about the nations’ affairs and rules they were following were all mentioned as mere narrations to take lessons from and not as laws to follow.

Moreover, many of those rules contradict the Islamic Shar’iah in their details. If the Muslims were addressed by these laws, they would be addressed by two different Sharaa’i, which is impossible. For example, Allah (swt) says regarding Sulayman:

“And he took an account of the birds; and he said, Why is it I do not see the Hud? Or is he among the absentees? I will certainly punish him with a severe punishment, or execute him, unless he brings me a clear reason.”‘ (TMQ An-Naml: 20-21)

There is no disagreement among Muslims that there should be no punishment for birds, and all animals for that matter, even if they cause some harm. The clear text from the Messenger (saw) states:“The transgression of animals is not accounted for.” (Bukhari) Thus, the transgression of animals as well as the birds is not compensated for.

Also, Allah (swt) addressed Musa (as):“We forbade every (animal) with undivided hoof, and We forbade them the fat of the ox and the sheep, except what adheres to their backs of their entrails, or is mixed up with a bone.” (TMQ Al-Anam: 146)

In the Islamic Shar’iah Allah (swt) made all of this Halal to the Muslims by saying, “And your food is made halal for them.” The fat mentioned in the Ayah is part of the Muslims’ food. Thus, it is allowed for them. The people of Zakariah also had their own Shar’iah as mentioned in the Qur’an.

Maryam’s mother said: “I vowed what is in my womb for you.” (Al-Imran: 35) This is Haram in Islam. Also, Allah (swt) addressed Ya’qoob: “All food was lawful to the Children of Israel, except what Israel made unlawful for himself” (TMQ Al-Imran: 93) In Islam it is Haram for anyone to make anything Haram if Allah (swt) did not make it Haram: “Why do you make unlawful that which Allah made lawful for you.” (TMQ At-Tahrim: 1)

Similarly the Qur’an mentions the Shar’iah of the Kitabyeen during the days of the People of the Cave: “Those who prevailed over their affair said, Let us surely take a place of worship over them.’” (TMQ Al-Kahf: 21) This is Haram in Islam because the Prophet (saw) said: “Those are the people who, whenever a pious man dies amongst them, make a place of worship at his grave and then they make those pictures in it. Those are the worst creatures in the Sight of Allah.” (Bukhari & Muslim)

In another Ayah, Allah (swt) addressed the people of Musa: “We ordained upon them: Life for a life, eye for an eye, nose for a nose, ear for an ear, tooth for a tooth, and wounds equal for equal.’” (TMQ Al-Maidah: 45) Muslims do not follow this order. Instead, Islam obligates Muslims in this case to take al-Qawad, or the capital punishment against murder (within specific rules). Furthermore, Islam established the monetary compensation for any crime below this, as Allah (swt) says: “If then anyone transgresses against you, transgress likewise against him.” (TMQ Al-Baqarah: 194) “And if you punish, let your punishment be proportional to the wrong that has been done against you.” (TMQ An-Nahl: 126)

Moreover, as explained earlier abrogation is the invalidation of an existing rule in the text by a new text. For example, the Messenger (saw) says:

“I used to forbid you from visiting the graves, now you should visit them.” (Muslim, Tirmidhï, Abu Dawud & al-Nasa’i)

The invalidation of an old rule by a new text is termed abrogation. In abrogation, the abrogated rule must have been revealed before the new rule, and the new rule must also contain a Daleel that it is abrogating the previous rule. If both conditions are not met, there is no abrogation. The mere disagreement or contradiction between two rules does not make one of them abrogate the other. Therefore, the rules mentioned regarding the previous Sharaa’i are not abrogated by their corresponding Islamic ones that conflict or contradict them. There is no Daleel for such a claim. Also, there is no relationship between the Islamic legislation and these rules. However, these rules are abrogated as part of the abrogation of the previous Sharaa’i as a whole. Thus, they do not need specific rules to abrogate them.

The following Hadith reiterates the point that we are obliged to follow the Shariah revealed to Muhammad (saw) and not any other.

Jabir ibn Abdullah narrated that Umar Ibn al-Khattab brought a copy of the Torah to the Prophet (saw) and said: “O Messenger of Allah, this is a copy of the Torah.” But [the Prophet] kept silent. Then Umar started reading and the face of the Prophet kept changing. So, Abu Bakr interrupted him violently: “Don't you see the face of the Messenger (saw)?” Umar looked at the Prophet's face and said, “May Allah preserve me from His anger and from the anger of his Messenger (saw), we accepted Allah as Lord and Islam as religion and Muhammad as Prophet.” Then the Prophet (saw) said:

“By the One Who owns Muhammad's soul, if Musa (as) appeared to you and you followed him and left me, you would go astray from the right path and if he were alive and reached [the time of] my prophethood he would have followed me

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