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.

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