21 April 2013
Life of Prophet Nuh (2) and Usul al-Fiqh – Ijtihad (Extracting Laws)
Summary
Life of
Prophet Nuh
The concept of Prophets was new to the people of Earth
Noah's Reasoning with his People and talks about
Oneness of Allah
The weak and poor follow Noah
The Leaders of society (Malla) dismiss Noah, because he
is not an angel, he is not rich or noble, and won't disown his poor followers
The Leaders of society (Malla) give in and ask for Noah
to bring forth Allah's punishment
Who runs
society? Who are the modern day
‘Malla’ in society?
a few top politicians, bankers, media owners, top
industrialists and some selected police, judges and clergy – and the Royal
family in the UK
Main
Topic: Usul al-Fiqh - Ijtihad
Ijtihad means exhausting all of one’s efforts in
studying a problem thoroughly and seeking a solution for it from the sources of
Shari’ah
Person who performs Ijtihad is a Mujtahid; a person who
knows the rules of Shari’ah is a Faqih (jurist), Mufti or a Qadi (judge)
Ijtihad cannot be done on clearcut matters or our
Aqeeda
Mukallafin (those who are legally responsible) need to
know the rules of Islam to enter Jannah. If we are not qualified to do this we
should ask experts
Types of Mujtahid
- Mujtahid Mutlaq (Absolute Mujtahid)
- Mujtahid within a Madhab
- Mujtahid in particular issues only (Mujtahid Mas’ala)
Evidences for Ijtihad from the Sunnah are from the
Prophet* and Sahabae
Qualifications for performing Ijtihad:
- Muslim male or female of sound mind of intellectual
competence
- have deep knowledge of the Arabic language
- Makki and Madani verses, the occasion of their
revelation (Asbab al Nuzul) & Tafsir
- knowledge of the Sunnah
- knowledge of Usul al-Fiqh
- aware of the opinions of different Mujtahideen
- a comprehensive knowledge of the issue
Life of Prophet Nuh
Noah's
Reasoning with his People
Allah in His Mercy sent His messenger Noah
to guide his people. Noah was an excellent speaker and a very patient man. He
pointed out to his people the mysteries of life and the wonders of the universe.
He pointed out how the night is regularly followed by the day and that the
balance between these opposites were designed by Allah the Almighty for our
good.
He pointed out that the ownership of the
heavens and the earth belongs only to the Divine Creator. Therefore, he
explained to this people, there cannot have been more than one deity. He
clarified to them how the devil had deceived them for so long and that the time
had come for this deceit to stop. Noah spoke to them of Allah's glorification
of man, how Allah had created him and provided him with sustenance and the
blessings of a mind. He told them that idol worshipping was a suffocating
injustice to the mind. He warned them not to worship anyone but Allah and described
the terrible punishment Allah would mete out if they continued in their evil
ways.
Division
Among Noah's People
The people listened to him in silence. His
words were a shock to their stagnating minds as it is a shock to a person who
is asleep under a wall which is about to fall and who is vigorously awakened.
This person may be alarmed and may even become angry although the aim was to
save him.
Noah's people were divided into two groups
after his warning. His words touched the hearts of the weak, the poor, and the
miserable and soothed their wounds with its mercy. As for the rich, the strong,
the mighty and the rulers they looked upon the warning with cold distrust. They
believed they would be better off if things stayed as they were. Therefore they
started their war of words against Noah.
The
Disbelievers' Arguments
First they accused Noah of being only human
like themselves. “The chiefs of the
disbelievers among his people said: “We see you but a man like ourselves.”'
(TMQ 11:27) He, however, had never said anything other
than that. He asserted that, indeed, he was only a human being; Allah had sent
a human messenger because the earth was inhabited by humans. If it had been
inhabited by angels Allah would have sent an angelic messenger. The contest
between the polytheists and Noah continued. The rulers had thought at first
that Noah's call would soon fade on its own. When they found that his call
attracted the poor, the helpless and common labourers, they started to verbally
attack and taunt him: 'You are only followed by the poor, the meek and the
worthless.'
Allah the Almighty told us: “Indeed We sent Noah to his people (he
said): “I have come to you as a plain Warner that you worship none but Allah,
surely, I fear for you the torment of a painful Day.” the chiefs of the disbelievers
among his people said: “We see you but a man like ourselves, nor do we see any follow
you but the meanest among us and they too followed you without thinking. And we
do not see in you any merit above us in fact we think you are liars.” (TMQ 11:25-27).
The
Disbelievers Attempt to Bargain
Thus the conflict between Noah and the heads
of his people intensified. The disbelievers tried to bargain: “Listen Noah, if
you want us to believe in you, then dismiss your believers. They are meek and
poor, while are elite and rich; no faith can include us both.” Noah listened to
the heathens of his community and realised they were being obstinate. However,
he was gentle in his response. He explained to his people that he could not
dismiss the believers as they were not his guests but Allah's. Noah appealed to
them: “O my
people! I ask of you no wealth for it, my reward is from none but Allah. I am
not going to drive away those who have believed. Surely, they are going to meet
their Lord, but I see that you are a people that are ignorant. O my people! Who
will help me against Allah, if I drove them away? Will you not then give a
thought? And I do not say to you that with me are the Treasures of Allah nor
that I know the unseen, nor do I say I am an angel, and I do not say of those
whom your eyes look down upon that Allah will not bestow any good on them.
Allah knows what is in their inner selves (regards to Belief). In that case, I
should, indeed be one of the Zalimeen (wrongdoers, oppressors etc.).” (TMQ 11:29-31)
Noah refuted the arguments of the
disbelievers with the noble knowledge of the prophets. It is the logic of
intellect that rids itself of personal pride and interests.
The
Disbelievers Remain Ignorant
The rulers were tired of Noah's arguments.
Allah the Exalted related their attitude: They said: “O Noah! You have disputed with us and much have you prolonged the
dispute with us, now bring upon us what you threaten us with, if you are of the
truthful.” He said: “Only Allah will bring it (the punishment) on you, if He
will, and then you will escape not. And my advice will not profit you, even if
I wish to give you counsel, if Allah's Will is to keep you astray. He is your Lord!
And to Him you shall return.” (TMQ 11:32-34)
The battle continued; the arguments between
the disbelievers and Noah became prolonged. When all the refutations of the disbelievers
collapsed and they had no more to say, they began to be rude and insulted
Allah's prophet: “The leaders of his
people said: “Verily, we see you in plain error.” (TMQ 7:60) Noah responded
in the manner of the prophets: “O my
people! There is no error in me, but I am a Messenger from the Lord of the
Alamin (mankind, jinn and all that exists)! I convey unto you the Messages of
my Lord and give sincere advice to you. And I know from Allah what you know not.”
(TMQ 7:61-62)
Noah continued appealing to his people to
believe in Allah hour after hour, day after day year after year. He admonished
his people and called them to Allah day and night, in secret and openly. HE
gave them examples, explained Allah's signs and illustrated Allah's ability in
the formation of His creatures. But whenever he called them to Allah, they ran
away from him. Whenever he urged them to ask Allah to forgive them, they put
their fingers in their ears and became too proud to listen to the truth.
Commentary: Who runs society? Who are the modern day
‘Malla’ in society?
We talked about the people who used to run
the society in the times of Noah and the people who are in charge of Modern
British society. Although a common understanding of people living in Western
Liberal societies (who often refer to themselves and democratic free societies)
is that the society is run by the people for the people in the interests of the
common person – the reality is that these societies are actually run by a few
hundred people for their own benefit! The modern influential people in society
are: a few top politicians, bankers, media owners, top industrialists and some selected
police, judges and clergy – and the Royal family in the UK! Nest week we will
talk more about society and politics inshaAllah.
Main Topic: Usul al-Fiqh - Ijtihad
Ijtihad
Ijtihad is derived from the root word Jahada. Linguistically, it means
striving or self-exertion in any activity, which entails a measure of hardship.
The scholars defined it as, the total expenditure of effort made by a jurist in
order to infer, with a degree of probability, the rules of Shariah from their detailed evidence in the sources. Others add, in
a manner the Mujtahid feels unable
to exert any more effort’ to this definition. Essentially as a juristic term, Ijtihad means exhausting all of one’s
efforts in studying a problem thoroughly and seeking a solution for it from the
sources of Shari’ah.
This Usuli definition of Ijtihad was derived
from the evidences which discuss Ijtihad and establish its obligation such as
the Ahadith mentioned in previous Study Circles. Unfortunately some today
believe that Ijtihad is a mere personal reasoning of an individual and have
abandoned this definition of the Usuli scholars which had been established for
centuries. The consequence of this is that people mistakenly think that Islam
doesn’t contain a process to derive rules for modern problems. Therefore, when
talking about Ijtihad it is paramount that we refer to the established Usuli
definition rather than how the term is misused today.
A person who performs Ijtihad is a Mujtahid; whereas, a person who knows
the rules of Shari’ah in detail, but is unable to extract the rules
directly from their sources, is not a Mujtahid but rather a Faqih (jurist), Mufti or a Qadi (judge).
The text of the Qur’an and Sunnah which are Qata’i (conclusive) in meaning provide
only one understanding. Any Ijtihad on these types of text will render only one
meaning. The texts related to issues such as Riba or murder, are clear in their
prohibition of these things. No Mujtahid can claim that Riba or murder is
allowed, because the text only offers one meaning. To reject these Ahkam or any
others established through Qata’i Thuboot and Qata’i Dalalah is Kufr
(disbelief) as it would be a rejection of the definitive revealed rule from
Allah. Thus those who reject that the five times daily prayer (Salah) are Fara’id
(obligations) or that ruling by whatever Allah is revealed is obligatory
undoubtedly become Kuffar (disbelievers) even if they were knowledgeable
scholars (Ulema) who had committed the entire Qur’an and all the Ahadith
(narrations) to memory.
Ijtihad does not occur except in the Ahkam
Shar’iah whose daleel is speculative (Dhanni) and not when the rule is decisive
(Qata’i).
When it comes to the area in which Ijtihad
is permitted it is important to realise that it does not occur after a brief
look at the Shar’iah texts, rather it means that the Mujtahid struggles to his
utmost in such a manner that the jurist feels an inability to exert himself
further in order to derive the Hukm of Allah. If the jurist has failed to
discover the evidence which he was capable of discovering, his opinion is void.
Therefore if one claimed to have made Ijtihad upon an issue after only studying
one text related to it and ignored all other relevant texts even though they
were readily available, this would not be considered legitimate Ijtihad.
The issues related to the Aqeedah are based
on Adilla Qata’iya (decisive
evidences) and there is only one correct understanding for it, not several.
Thus, no Mujtahid can deduce another Aqeedah of Islam. There is only one
correct view with regards to these matters and anyone who differs from it is a
Kafir. Therefore people such as the followers of Mirza Gulam Ahmad Qadian who
believe he was a prophet and Salman Rushdie who defamed Muhammad* are
definitely Kuffar (disbelievers) and cannot be called Mujtahids at all.
From multiple verses of the Qur’an we
understand that Allah has addressed humanity directly. Therefore for the one
who has heard the address of the Legislator, Allah - it becomes incumbent on
him to believe in it and understand it. It also becomes incumbent on him to act
upon it, because it is a Shar’iah rule. So in principle a Muslim should
understand the Hukm (rule) of Allah from the speech of the Legislator directly.
This is because the speech has been directed at all people by the Legislator
and not only at the Mujtahidin or the Ulema but all the Mukallafin (those who are
legally responsible). Thus it became an obligation on the Mukallafin to
understand this speech so as to be able to act upon it, since it is impossible
to act upon the speech without comprehending it. Therefore, the inference (Istinbat) of Allah's Hukm became Fard
on all the Mukallifin i.e. Ijtihad became Fard on all the Mukallafin (legally
responsible). Consequently, the basis of a Mukallaf (legally responsible)
should be that he adopts the Hukm of Allah himself from the speech of the
Legislator because he has been addressed by this speech. However, the reality
of the Mukallifin (legally responsible) is that there is a disparity in their
understanding and comprehension and in their aptitude for learning. They also
differ in terms of knowledge and ignorance. Therefore, it is impossible for all
of them to deduce Shar’ai rules from the evidences i.e. it is impossible for
all Mukallafin to be Mujtahidin. There is a similarity in this respect to other
sciences, not everyone can become a doctor, physicist or chemist due to the
disparity of people’s aptitude for learning. Hence the obligation of Ijtihad
becomes one of sufficiency ('ala
al-Kifaya). If some undertake it the rest are absolved of the sin.
Therefore, it became obligatory for Mujtahidin to exist in the Ummah who can
derive the Shar’iah rules for all situations. Futhermore there are various
evidences that prove the permissibility of Taqleed
(following the opinions of a Mujtahid), these will be elaborated in later Study
Circles (i/A)’.
To say that the doors of Ijtihad are closed
is completely incorrect, this was a serious error that some Ulema mistakenly
called for in history and clearly contradicts the Shar’iah. The Shar’iah texts exist
today as they existed in the past, therefore Ijtihad is not only possible, it
is necessary and a Fard ul Kifaya (duty of sufficiency), as proven earlier. The
doors of Ijtihad are open but not for the ignorant, they are open until the day
of judgement for the people of knowledge who have the capability to perform it
as knowledge is the key to the door of Ijtihad.
Types
of Mujtahid
A.
Mujtahid Mutlaq (Absolute Mujtahid)
The founders of various schools of Islamic
Fiqh such as Abu Hanifah, Shafi’i, Ahmad bin Hanbal, Malik,
Jafar
and others are considered Mujtahideen Mutlaq. This category of Mujtahideen set
up their own Usul al-Fiqh to extract the Ahkam (rules) and are not restricted
by others i.e. they are independent.
B.
Mujtahid within a Madhab
These Mujtahideen follow the Usul al-Fiqh
set up by the Mujtahid Mutlaq to extract the Ahkam (rules); e.g. Imam
Abu Yusuf adhered to Imam Abu Hanifah’s methodology. These Mujtahideen,
within a Madhab, generally followed the guidelines of their respective schools
to extract rulings. Nevertheless, they did not consider themselves bound to
follow their Imams in the implementation of particular issues. This is borne
out by the fact that they have held opinions that were opposed to those of
their leading Imams. As a matter of fact, some Mujtahideen such as Imam Abu
Yusuf reached to the level of Mujtahid Mutlaq, but didn’t form his own Madhab out
of respect for Abu Hanifah.
C.
Mujtahid in particular issues only (Mujtahid Mas’ala)
This Mujtahid would be able to handle one
single issue while he may be unable to handle another. In other words, the
Mujtahid would be able to study the opinion of other jurists and trace their Adilla (evidences) but may be unable to
establish new opinions for new issues.
Evidences
for Ijtihad from the Sunnah
The Sahabah (ra) used to make Ijtihad in the
time of the Messenger of Allah* and differ in their deduction of Ahkams and the
Messenger* accepted this. This can be seen in the following incidents:
1) Bukhari narrated from Aisha that when the
Prophet* returned from the battle of Khandaq (ditch) and laid down his arms and
took a bath. Jibreel came and said, “You have laid down your arms? By Allah, we
angels have not laid them down yet. So set out for them.” The Messenger* asked,
“where to go?” so Jibreel pointed towards Banu Qurayzah. The Prophet*
instructed the Mu`azzin to give Azan and so he announced to the people: “Whosoever
believes in Allah and the Day of judgement he should not pray Asr except in
Bani Qurayzah.” So they headed towards the fortresses of Bani Qurayzah, however
they had different understandings of what the Messenger* had said to them. Some
took the literal meaning and they did not pray until they reached Bani Qurayzah
after Maghrib. And others took it to mean that they should go there quickly, so
they prayed Asr in Madinah or on the way. When the Messenger* heard about this
he accepted the action of all them.
2) The saying of the Prophet* when he sent
Mu’adh as Qadi to Yemen: “By what will you pass judgement?’ He said: By the
Book of Allah. The Prophet* said: If you do not find it there? He said: By the
Sunnah of the Messenger of Allah*. He said: And if you do not find it? He said:
'I will exercise my own Ijtihad’. He* said: “Praise be to Allah who has made
the messenger of the Messenger of Allah to accord with what Allah and His Messenger
loves.”
3) The Hadith of the Messenger*: “If a judge
passes judgment and makes Ijtihad and he is right then he will have two
rewards. And if he makes a mistake he will have one.”
4) The Messenger of Allah* made Sa’d b.
Mu’adh to judge over Bani Qurayzah so he gave the judgment that they should be
killed and their offspring to be taken prisoners. The Messenger* said: “You
have given a judgment that is from above the seven heavens.”
From these examples we can see that the
Sahabah used to make Ijtihad in the time of the Messenger* and that he used to
accept their Ijtihads and tell them that the one who got it right will get two
rewards while the one who got it wrong will get one.
Evidences
for Ijtihad from Ijma as-Sahabah
After the Messenger* there are numerous and
elaborate Ijtihads in the time of the Sahabah. Even amongst the general masses
Ijtihad was widespread and that was not considered strange because they were
the original Arabs who spoke pure Arabic. Once while giving a Khutbah Umar b.
Khattab tried to limit the dowry (Mahr) but a women responded from behind the
lines by quoting the Ayah: “But if you
intend to replace a wife by another and you have given one of them a Qintar (of
gold i.e. a great amount) as Mahr, take not the least bit of it back..”
(TMQ An-Nisa: 20) She told him from her understanding of the word Qintar which
denotes many without restriction that it is not allowed for him to restrict the
dowries. He (may Allah be pleased with him) said: “The woman is right and Umar
is wrong.”
A famous example of Ijtihad is what Ali (ra)
said regarding punishment (Hadd) for the crime of drinking alcohol. He said: “Whoever
drinks it will speak nonsense, and who did so would fabricate lies, so I see
that he must be punished like the fabricator of lies.” Ali (ra) made an analogy
between drinking and fabrication because he understood from Shar’a that it
could be considered that which is likely to happen to be the same as that which
actually happens.
All these are examples of Ijtihad from the
time of the Sahabah and Ijma as-Sahabah on the issue of Ijtihad. The fact that
the Companions resorted to Ijtihad in the absence of a text is established by continuous
testimony (Tawatur).
Qualifications
for performing Ijtihad
The earliest complete account of the
qualifications of a Mujtahid is given in Abu' Husayn al-Basri's (d. 436/1044)
al-Mu'tamad fi Usul al-Fiqh. The broad outline of al-Basri's exposition was
later accepted, with minor changes, by al-Shirazi (d. 467/1083), al-Ghazali (d.
505/1111) and al-Amidi (d. 632/1234). This does not mean that the requirements
of Ijtihad received no attention from the Ulema who lived before al-Basri,
however they did not see it necessary to lay down the conditions for Ijtihad in
this manner.
The Hanafi jurists, Fakhr al-Islam 'Ali b.
Muhammad al-Bazdawi (d.483 A.H.) and `Ubaydullah ibn Mas'ud Sadr al-Shar’iah
both stated that to perform Ijtihad a jurist should have knowledge of the
Qur’an together with its meaning, dictionary and legal, and its various
divisions, of the traditions (Hadith) including the texts and authorities
thereof, and of the rules of analogical deduction (Qiyas). The following are
the qualifications needed to perform Ijtihad, these qualifications are derived
from the definition of Ijtihad which is based on specific evidences as
explained earlier:
A. The Mujtahid must be a Muslim male or female of sound mind who has attained a high
level of intellectual competence.
B. Since the text of the Qur’an and Sunnah
were revealed in the Arabic language, Ijtihad can only be performed based on
the Arabic text. One must have knowledge
of the Arabic language to the extent that it enables a correct
understanding of the Qur’an and the Sunnah. A complete command in Arabic is not
a requirement for some kinds of Mujtahideen, but the Mujtahid must, at least,
know the fine points of the language related to the subject at hand. He must
also be able to comprehend the sources accurately and deduce the rule from
them. He should know enough by which he can understand the circumstances of the
Arabs, the current customary usage in their speech such that he can distinguish
the textual indications (Dalaalat
al-alfaaz) in terms of the following: congruence (Mutaabaqah), inclusivity (Tadmeen),
requisite (Iltizaam), Mufrad (singular), Murakkab (construct), comprehensive (Kulli), partial (Juz’i),
Haqeeqah (literal), Majaaz (metaphorical), homonym (Ishtiraak), synonym (Taraaduf), uttered meaning (Mantuq) and implied meaning (Mafhum) etc.
C. The Mujtahid also needs to be
knowledgeable of the Qur’an, the Makki
and Madani contents of the Qur’an, the occasion of their revelation (Asbab al Nuzul) and must have a full
grasp of the legal contents of the Qur’an, but not necessarily of the
narratives and parables of the Qur’an and its passages relating to the
Hereafter. The knowledge of the Ayat ul
Ahkam (verses regarding rules) includes knowledge of the related
commentaries (Tafsir) with special
reference to the Sunnah and the views of the Sahabah (ra) related to the
subject at hand. According to some Ulema, including al-Ghazali, Ibn al-Arabi,
and Abu Bakr al-Razi, the legal ayat of the Qur’an which the mujtahid must know
amount to about five hundred. Shawkani and others, however observe that a
specification of this kind cannot be definitive.
D. The Mujtahid must possess an adequate knowledge of the Sunnah, especially the
part relating to his Ijtihad and be familiar with the rulings in the Sunnah.
The Mujtahid must also know the incidents of abrogation in the Sunnah and the
reliability of the narrators of Hadith.
E. He must have knowledge of Usul al-Fiqh so that he will be
acquainted with the procedures for extracting the rulings from the text and the
implications.
F. The Mujtahid should be aware of the
opinions of different Mujtahideen, if any exist. It is essential for a Mujtahid
to be familiar with the Daleels of other
Mujtahideen, on a particular issue as how the other Mujtahid understood the
Daleel and the issue.
G. Finally, he must have a comprehensive knowledge of the issue on
which Ijtihad is being performed. To extract any ruling one has to understand
the subject thoroughly. If the Mujtahid does not understand an issue, he is not
allowed to do Ijtihad regardless of where he lives. To understand the issue,
the Mujtahid can go to experts. For instance, there might be an issue in
genetic engineering. To understand the process of genetic engineering, the
Mujtahid can go to an expert in this field.
Therefore, these criteria are enough to
qualify one to do Ijtihad, and it is incorrect to say that each issue requires
the Mujtahid to reside in that environment. The Mujtahid can reside anywhere
and do Ijtihad as long as he is familiar with the issue being dealt with. If
the Mujtahid is not familiar with the issue, he is not allowed to do Ijtihad,
even if the issue occurs in the same environment that the Mujtahid is residing
in.
Children's feedback:
Tawakkul Allah
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Homework:
How did Prophets change
societies
Bring your questions
about Society, Politics and Revival to next weeks HISC
In two weeks (i/A) our guest speaker is Faraz Yousafzai from Silk Road talking about Islam, Arts & Music
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