19 May 2013
Life of Prophet Nuh (4) and Usul al-Fiqh – Madhabs (Schools of Fiqh/Thought)
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Summary
Life and Death of Prophet Nuh
Description of the Flood - waves like mountains but Allah protected the boat
Noah Appeals to his Son but sees him die
The Flood ends and they rest on Mount Judi
The Believers Disembark and Nuh asks Allah about his son but is told his son was unrighteous
Noah is a story of patience
Usul al-Fiqh – Madhabs / Early Islamic Scholars (Schools of Fiqh/Thought)
The word Madhab means “school of Fiqh" or Islamic Law
During the Era of the Prophet* he would convey the law, but allow others to make interpretations based on the text
Era of the Sahabah continued with different opinions on some legal matters. Respected each other as long as based upon Islam
Era of the Tabi’een different approaches to developing laws based on Islamic texts - some using the text more [Ahlel-Hadith (The People of Hadith) in Medina] and others using text-based interpretations more [Ahlel-Ra’ee (The People of Reason) in Kufah]
Main Sunni Scholars
Abu Hanifah is al Nu’man ibn Thabit ibn Zuta (80-150 A.H. / 700-768 C.E.) had 2 prominent students: Muhammad bin al-Hasan al-Shaybani, and Qadi Abu Yusuf
Imam Malik is Malik ibn Anas (93 AH- 179 AH) from Medina
Imam Shafi’i is Muhammad ibn Idris ash-Shafi’i (150-205 AH / 767-820 C.E) considered the architect of Usul al-Fiqh
Imam Ahmad Ibn Hanbal is Abu Abdullah Ahmad bin Hanbal (164 AH - 241 AH) was prominent in Baghdad and talked about Aqeeda
Ibn Hazm (384 AH - 456 AH) was born in Cordoba (Spain)
Some early Shi'a Scholars
Imam Zayd is Zayd bin Ali (80 AH - 122 AH) was born in Medina. His father Ali, son of Al-Hussein bin Ali bin Abi Talib the fourth Khaleefah
Imam Jafar as-Sadiq bin Muhammad al Baqr (80 AH to 148 AH) was born in Medina and is the nephew of Imam Zayd and grandson of Zain Al-Aabideen. He respected the Sahabah and taught this.
Special Awards to the Attendees
Life and Death of Prophet Nuh
Description of the Flood
Water rose from the cracks in the earth; there was not a crack from which water did not rise. Rain poured from the sky in quantities never seen before on earth. Water continued pouring from the sky rising from the cracks; hour after hour the level rose. The seas and waves invaded the land. The interior of the earth moved in a strange way, and the ocean floors lifted suddenly, flooding the dry land. The earth, for the first time was submerged. When he went on the ark, what did he say? ‘Bismillah’. [see 11:41] Whenever we do something, we begin in the name of Allah – going in our cars, waking in the morning, etc.
The description of the waves was like mountains. What is a mountain? A small mountain is 1,000 feet, maybe 2,000 feet high – higher than a tsunami, higher than a few houses or flats. Imagine waves that high! It was not the ship that Nuh built that gave them safety. It was not the ark that saved them. This is only the part that told Allah to do; otherwise that ark would be a matchbox in the waves. Allah wants Nuh to do his part. It is the will of Allah that will take care of you and save you. You have to do your part; take the first step. Allah says, “If you walk towards me, I will run towards you.” You have to take the first step. You have to seek guidance and Allah will guide you. The victory of Allah comes after you do your part. That is Tawakul-Allah.
Noah Appeals to his Son
Allah told the story thus: He (Noah) said: "Embark therein in the Name of Allah will be its moving course and its resting anchorage. Surely, my Lord is Oft Forgiving, most Merciful." So it (the ship) sailed with them amidst the waves like mountains, and Noah called out to his son, who had separated himself (apart), "O my son! Embark with us and be not with the disbelievers." The son replied, "I will betake myself to a mountain, it will save me from the water." Noah said: "This day there is no saviour from the Decree of Allah except him on whom He has mercy." And a wave came in between them so he (the son) was among the drowned." (Ch. 11: 41-43)
We never saw rain cover a mountain. So, thinking in this material life, he said that. His father [Nuh] told him, “There is nothing that can save you on this day except the mercy of Allah.” Allah says, “Waves separated between them and he drowned.” Imagine standing and watching the waves separate you and your son, and in front of your eyes, you know that is the end of your son. What a difficult situation.
The Flood Ends
It was said: "O Earth! Swallow up your water, and O sky! Withhold (your rain)." The water was diminished (made to subside) and the Decree (of Allah) was fulfilled (the destruction of the people of Noah). And it (the ship) rested on Mount Judi, and it was said: "Away with the people who are Zalimeen (polytheists, and wrongdoing)!"
And it was said: "O Noah! Come down (from the ship) with peace from Us and blessings on you and on the people o\who are with you(and on some of their offspring), but (there will be other) people to whom We shall grant their pleasures (for a time), but in the end a painful torment will reach them from Us." (TMQ 11:41-48)
With the issue of the divine command, calm returned to earth, the water retreated, and the dry land shone once again in the rays of the sun. The flood had cleansed the earth of the disbelievers and polytheists.
The Believers Disembark and Nuh asks Allah about his son
Noah released the birds, and the beats which scattered over the earth. After that the believers disembarked. Noah put his forehead to the ground in prostration. The survivors kindled a fire and sat around it. Lighting a fire had been prohibited on board so as not to ignite the ship's wood and burn it up. None of them had eaten hot food during the entire period of the floor. Following the disembarkation there was a day of fasting in thanks to Allah.
When everything settled down, there was something Nuh wanted to ask Allah. “And Nuh (Noah) called upon his Lord and said, ‘O my Lord! Verily, my son is of my family! And certainly, Your Promise is true, and You are the Most Just of the judges.’” (TMQ 11:45) Allah had promised Nuh that he would be saved with his family, so Nuh is saying, ‘O Allah, didn’t you tell me that all of my family would be saved? – and my son is from my family.’ Nuh is also saying, ‘Your promise is true.’ He doesn’t doubt; he just wants to understand.
Allah taught Nuh a lesson. We use words to mean some things, but Islam comes and gives them a new definition. Salah, for example, had the meaning of supplication before Islam. Family has a definition amongst us – blood relations. Nuh is considering his son to be part of his family because he is his blood son. Allah is teaching Nuh the true meaning of family. Allah said, “O Nuh (Noah)! Surely, he is not of your family; verily, his work is unrighteous, so ask not of Me that of which you have no knowledge! I admonish you, lest you be one of the ignorant.” (TMQ 11:46) Because his work [the son’s] was not righteous, he was not of Nuh’s family any more.
Nuh (Noah) said: ‘O my Lord! I seek refuge with You from asking You that of which I have no knowledge. And unless You forgive me and have Mercy on me, I would indeed be one of the losers.’ (TMQ 11:47)
Noah's Death
The Quran draws the curtain on Noah's story. We do not know how his affairs with his people continued. All we know or can ascertain is that on his deathbed he requested his son to worship Allah alone, Noah then passed away. Abdullah Ibn Amr Ibn Al ‘Aas narrated that the Prophet Muhammad* said: "When the death of the Messenger of Allah Noah approached, he admonished his sons: 'Indeed I would give you far reaching advice, commanding you to do two things, and warning you against doing two things as well. I charge you to believe that there is no god but Allah and that if the seven heavens and the seven earths were put on one side of a scale and the words "there is no god but Allah" were put on the other, the latter would outweigh the former. I warn you against associating partners with Allah and against pride." (Bukhari) Some traditions said that his grave is in the Scared Mosque in Mecca, while others said that he was buried in Baalabak, a city in Iraq.
Patience is a virtue
The story of Nuh has been mentioned in many places in the Qur’an, but the longest version is in Surah Hud. [The 11th Surah]. It starts with ayah 25 and goes until ayah 49: “This is of the news of the unseen which We reveal unto you (O Muhammad*), neither you nor your people knew them before this. So be patient. Surely, the (good) end is for the Muttaqun”. (11:49)
Allah is telling Muhammad* after this story – and this is the conclusion of the story of Nuh – that this is the true news of Nuh that is revealed to you; neither you nor your people knew before. What was the lesson? Allah is saying: Be patient. The entire story leads to this. 950 year of patience, he never gave up. Be patient, for the winners in the end will be those who have taqwa. And Nuh couldn’t have won if he didn’t have patience. The road is long, and it needs a lot of energy, and that energy is sabr.
Main Topic: Madhabs / Early Islamic Scholars (Schools of Fiqh/Thought)
The word Madhab means “school of Fiqh”. The following is a brief overview of some schools of thought - Madhahib (schools of Fiqh).
A Brief Overview of Some Schools of Thought
In order to conduct a comprehensive study in this issue, we need to first look at the status of Fiqh during the time of the Prophet*, the era of the Sahabah, and the era of the generations that followed them, better known as the Tabi’een and the Tabi’-Tabi’een.
The following Timeline shows some important events and dates...
1.0 Era of the Prophet*
The Prophet* received the revelation from Allah and delivered it to all the people. The Muslims who used to live close to him* were the Sahabah. When the Prophet* migrated to Medina they went along with him. The Muslims of Mecca were the Muhajireen and the Muslims of Medina were the Ansar. He* received the Message from Allah and was ordered to convey it. Allah says in the Qur’an: “O Messenger, deliver the Message that was sent down to you from your Rabb, and if you did not do it, you did not convey His Message.” (TMQ Al-Ma’ida: 67) “And we sent down to you the Zikr (the Qur’an), so that you would explain to mankind, that which was sent down to them” (TMQ An-Nahl: 44). With these Ayahs in mind, there are certain points that need to be mentioned:
1. No one would give a Fatwa in the presence of the Prophet, since they knew that he* was the authority.
2. Sometimes the Prophet would give the Sahabah an instruction, and the Sahabah would understand that instruction in two different ways. Moreover, the Prophet* would approve both groups in following their understandings. An example of this has been mentioned earlier regarding the incident when the Prophet* returned from the battle of Khandaq (ditch) and instructed the Sahabah not to pray Asr except in Bani Qurayzah.
From this we understand that both groups of the Sahabah discussed their different understandings of the same order of the Prophet*, and referred it back to him*. The Prophet* approved both understandings. It is important to note that the differences did not occur due to an ambiguity in the order; rather it occurred due to the ability of Arabic language to convey various meanings and understandings.
3. During the lifetime of the Prophet*, if the Sahabah were travelling without the Prophet*, they used to conduct Ijtihad, and then refer back to the Prophet* when they returned. For example: It was narrated on the authority of Jabir: “a man was struck by a stone that fractured his skull. Then he had a wet dream. He asked his companions - do you know of a permit (Rukhsa) for me to perform Tayammum (dry ablution)? They said, we do not find any permit for you and you can use water.’ He then had a bath and died. When hearing this the Prophet* said: “Verily, it would have sufficed for him to make Tayammum, so tie a piece of cloth around his head and wipe over it and wash the rest of his body.” And the Prophet* said: “Why did they not ask when they did not know. Indeed, the cure for inability and lack of knowledge is to ask.” (Abu Dawud, Ibn Majah & Ahmad)
The preceding points illustrate that the Qur’an and the Sunnah were the only acceptable reference points for the Sahabah, and that they would refer back to the Prophet* in cases of uncertainty.
2.0 Era of the Sahabah
After the death of the Prophet*, the Muslims selected Abu Bakr as the Khaleefah. One of the first issues he faced was confusion on the part of Fatimah Umm Hasan, daughter of the Prophet*, inheriting a piece of land, which the Prophet* owned. Abu Bakr quoted the following Hadith, which resolved the matter. “We (Prophet’s) do not leave things for inheritance. Whatever we leave is charity.” (Bukhari & Muslim). She then suggested to Abu Bakr, letting her supervise the property and to distribute it the way the Prophet* used to do. Abu Bakr refused saying, “I am not going to quit doing anything the Messenger* used to do.” (Bukhari) In another narration, Abu Bakr said, “I am in charge after the Messenger*.” Thus Abu Bakr pointed out to Fatimah Umm Hasan that if he gave her this authority then what is the point of having a Khaleefah. Moreover, it was not up to her to act on behalf of the Khaleefah.
At that time Abu Bakr gathered the Sahabah and asked them, where are you? Why are you leaving me? (Abu Bakr was referring to the Sahabah leaving for the newly liberated lands). If you want me to be the Khaleefah you cannot just appoint me and depart. Thus, Abu Bakr maintained this group of Sahabah with him.
At the time of the death of the Prophet*, the Sahabah numbered in the thousands, however only about seven to ten of them used to give Fatwa more than the others, and were considered practical Fuqahaa, or people who were able to give the Islamic rule in practical, day to day problems. Included in this group were Umar, Ali, Ibn Umar, Ibn Abbas, Ibn Mas’ood, Zayd bin Thabit, and Aisha bint Abu Bakr. In their endeavour to determine the Hukm Shar’i rules for problems, the Sahabah adhered to the Qur’an and Sunnah; however, they still arrived at varying and different opinions.
For example, in the issue of divorce, Abu Bakr and Umar bin Al-Khattab had different opinions. Umar was of the opinion that if a man says to his wife “I have divorced you” three times in one sitting, then the man would have divorced her three times and could not remarry the woman until she married and was divorced by someone else. While Abu Bakr was of the opinion that this would result in only one divorce.
In another example, Abu Bakr used to distribute the spoils of war equally amongst the Sahabah. When Umar became the Khaleefah, he did not give those who became Muslim recently and who had fought against the Prophet* in the early wars, like Khalid bin Al-Walid, as much as he gave to those who had accompanied the Prophet* in those earlier wars.
The differences amongst the Sahabah were not only limited to the details of the Hukm Shar’i, they also had differences in certain branches of the Aqeedah.
Even though the Sahabah disagreed, their disagreement was well within the guideline of understanding the text and this was considered normal. Imam Muhammad Abu Zahrah, while discussing the era of the Sahabah, said that it is important to remove two misconceptions.
A. The first is that some people said that the Sahabah used to disregard the authentic Hadith and based their judgments on their mind or own rational thinking. Imam Zahrah said that it should be understood that none of the Sahabah left the text for their own rational opinion; rather their opinions were based and influenced entirely by the texts. He uses an example from the Khaleefah Umar bin Al Khattab, when he delayed cutting off the hand of the thief. Some people use this instance as an example that Umar did this solely due to his own thinking. This claim is incorrect, since there is a Hadith narrated by Ali where the Prophet* said: “Don’t implement the Hudood in the cases of doubt”. There is also another Hadith narrated from Makhul in which the Prophet* stated: “There is no cutting in a famine”. And Medina was in fact experiencing a famine at the instance when Umar postponed implementing the Hadd.
B. Some tried to classify the Sahabah into two groups: Those who adhered strictly to the traditions (Ahlel-Hadith), and those who did not adhere to texts, called Ahlel-Ra’ee. They claim that the first group did this because they were Classical Traditionalists, while the second group was Revivalists. This claim is incorrect, since both Ahlel-Hadith and Ahlel-Ra’ee adhered to the text. Imam Zahrah cited the example, which they use, regarding the stray animals in the State. The Prophet* said to leave them and they will reach their owner. But Umar acted differently in this regard. He put them in one place and allowed the owner to identify them and take them.
It should be clear that Umar’s action was in line with the Prophet’s*, in that the objective was to allow the wandering animals to reach their owner. The Prophet’s* style or means in solving the problem was to allow the animals to wander. However, during Umar’s time, when the State had expanded to the areas of Sham and North Africa, the tactic of putting the animals in one location was used to solve the same problem of returning the stray animals to their owners, and there is no conflict. So what Umar did was part of his responsibility, which requires adopting some administrative procedures. These administrative decisions can be changed.
It should be understood that there is a difference between an administrative order and a legislative order. Ordering a person to do his Salah if he made a mistake is a legal order, while tying up a wandering camel is an administrative order.
2.1 Why was there difference of opinion amongst the Sahabah?
The text sometimes could be understood in different ways due to the structure of the Ayah, and / or the structure of the Arabic language. For example, Allah says: “The divorced woman should wait for three periods (Quru)” (TMQ Al-Baqarah: 228)
The word Quru’ in the Arabic language can mean the time when the woman begins her menstruation, or the post menstruation period. The difference between three cycles beginning with the purity period is about 7 to 15 days. Sometimes a Sahabi would issue a Fatwa without having heard of a Hadith related to that issue, and which another Sahabi knew. However, these cases were usually resolved later.
2.3 Era of the Tabi’een
When Umar became the Khaleefah, if anyone from the Sahabah wanted to migrate to the newly liberated lands, he would have to take the permission of Umar. Upon the request, Umar would grant a leave for a specified number of months on the condition that they would return. When Uthman became the Khaleefah, he allowed the Sahabah to disperse. The Sahabah began leaving Medina, heading out to regions such as North Africa, Sham, Kabul, and even Peking, while others went back to Mecca. For instance, Ibn Mas’ood went to Kufah, Abdur-Rahman bin Awf reached Peking, while Abdullah bin Umar stayed in Medina. However, for the most part, the two main groups of Sahabah were either in Kufah or Medina.
Those whom we call the Tabi’een were the followers and companions of a specific Sahabi. For example, Sa’eed ibnu Musayeb, Nafi’, and Salem ibn Abdullah bin Umar are well known Tabi’een who followed Abdullah bin Umar. Most of the Tabi’een were not Arabs so they learned the Arabic language, and in some cases they learned the language better than the Arabs themselves, and became major contributors to Fiqh.
2.3.1 Ahlel Hadith & Ahlul Ra’ee
During the days of the Tabi’een, two major methodologies of understanding the text arose:
a) Ahlel-Hadith (The People of Hadith) in Medina.
b) Ahlel-Ra’ee (The People of Reason) in Kufah.
Those who followed Ahlel-Hadith (The People of Hadith) had more Hadith at their disposal and relied on the Hadith more than on Qiyas, while Ahlel-Ra’ee (The People of Ra’ee) relied more on Qiyas and the meanings behind the text, but did not at all neglect the Hadith. Another difference between the two schools is that the Ra’ee (reasoning) in the School of Ra’ee was based on Qiyas while in Medina Ra’ee was based more on an elaboration of the text itself.
2.3.2 Ahlel-Hadith (The People of Hadith)
Among the Tabi’een in Medina were Sa’eed ibnu Musayeb, Zuhri, Yahya, and Rabiah-ar-Ra’ie, Urwa, Abu Bakr bin Ubaid bin Harith, Qasim bin Muhammad bin Abu Bakr, Ubaidullah, Sulayman bin Yassar, Khaija bin Zayd bin Thabit. They took their Fiqh from Abdullah bin Umar. Sa’eed ibnu Musayeb was known as Al-Jareei (The Outspoken) or the on who has guts to make Ijtihad, while Rabiah was called Ar-Ra’ie because of his common practice of making Ijtihad.
The populace in Medina had lived with the Prophet* and took his* actions and sayings in a more practical manner. Thus, Ahlel Hadith (People of the Book) emerged in Medina. There is also a misconception that Ahlel-Hadith (The People of Hadith) used to only adhere to the Hadith without performing Ijtihad whatsoever. This claim is false. For example, Imam Malik bin Anas, who emerged from the School of Medina, used to do Ijtihad according to Maslahah Mursalah even more than Abu Hanifah, who emerged from the School of Kufah.
2.3.3 Ahlel-Ra’ee (The People of Reason)
Among the Tabi’een in Kufah were Ash-Sha’bee, Hasan al-Basri, and Ibraheem an-Nakha’ee, Hammaad, Alqamah bin Qais, Masjood bin Ajdah. These Tabi’een took their Fiqh from Ali bin Abi Talib and Abdullah bin Mas’ood. Some of the Tabi’een such as Ash-Sha’bee was considered Muhaditheen (Scholars of Hadith).
The populace in Kufah (Iraq) was experiencing many problems such as the fabrication of Hadith, political turmoil, etc., and the scholars were very careful in collecting Hadith due to the possibility of fabrication. Due to these problems, they often used reasoning. Reasoning (Ra’ee) here implies opinion derived from different understandings of the text. Thus, they came to be known as Ahlel Ra’ee (People of the Reasoning). The word Ra’ee linguistically means: opinion. Therefore some people think that the term Ahlel-Ra’ee (The People of Ra’ee) means the people who present their opinion. This is a misconception, to anyone who believes that their opinion was based on their desires. The opinion presented by Ahlel-Ra’ee was through their Ijtihad, which was based on the legislative evidences, i.e. Qur’an and Sunnah.
The Prophet* said: “Allah does not remove the Ilm after it was given to you, rather the Ilm would be removed with the death of the Ulema. Then some people, who are ignorant, will start giving their Ra’ee based on their desires and they are misled and will lead the Ummah astray.” (Bukhari & Ahmad)
Awf b. Malik al-Ashja'i narrated that the Messenger of Allah* said: “My Ummah will become divided into some seventy sects, the greatest will be the test of the people who make analogy to the deen with their own opinions, with it forbidding what Allah has permitted and permitting what Allah has forbidden.”The Prophet* said: “Whoever speaks about the Qur'an without knowledge, then let him prepare for himself his seat in the fire.” (Tirmizi, Ahmad, An-Nisai & Ibn Jarir)
These Ahadith are clearly referring to the person who adopts opinions or gives Fatwa based on his Aql without any evidence from the Shari’ah, Ahlel-Ra’ee on the other hand, were those who exerted their utmost effort in scanning the Islamic texts, and then issued an opinion. This process is called Ijtihad as discussed earlier. Some people say that Ahlel-Ra’ee did not utilise Hadith in issuing their opinions. This claim is false. People like Ash-Sha’bee were recognised Muhaditheen while being from Kufah and from Ahlel-Ra’ee. The main difference between them was that the People of Ra’ee practiced more Qiyas and Istihsan and they went deeper into the text to extract more rulings than the People of Hadith. These two main schools influenced many other schools of thought.
2.4 Madhab of Imam Abu Hanifah
Abu Hanifah al Nu’man ibn Thabit ibn Zuta (80-150 A.H. / 700-768 C.E.) was born during the Khilafah of Abdul Malik bin Marwan. Imam Abu Hanifah lived through 52 years of Umayyad rule and witnessed the Khilafah of ten Umayyad Khulafa including that of Umar bin Abdul Aziz who ruled when the Imam was 18 years of age. He also saw 18 years of Abbasid rule, including that of Saffah and Mansoor. He realised that the Ummayyads had no claim on the Khilafah but he did not rebel against them since they were given the Bay’ah. He also did not speak out against the Abbassids; however, he started doing so when they started harassing the descendants of Ali. Imam Abu Hanifah earned the title of Imam Aazam (the great Imam). Imam Shafi’i used to say, “The people in Fiqh are dependent upon Abu Hanifah”.
He was born to a well-known Persian family in Kufah and spent most of his life there. His father was a good friend of Ali bin Abi Talib. The two Sahabah who established the Kufah School were Ali bin Abi Talib and Abdullah bin Mas’ood. They taught Tabi’een like Shurayh, Arqam bin Qais, Masjood bin al-Ajdah. They in turn taught Ibraheem An-Nakha’ee, Ash-Sha’bee. These two taught Hammaad Ar-Raawiyyah, who served as the teacher of Imam Abu Hanifah. Abu Hanifah studied with Hammaad for 18 years and took over his study circle (halaqah) after Hammaad’s death in 120 A.H. Abu Hanifah also studied from Imam Jafar as-Sadiq.
Abu Hanifah’s two most famous students were Muhammad bin al-Hasan al-Shaybani, and Qadi Abu Yusuf, who served as Chief Justice in the time of Haroon ar-Rashid and wrote the famous book called Al-Kharaj which detailed the Economic system in Islam. Each of Abu Hanifah’s students developed into Mujtahids in their own right, with the ability of developing their own Usul al-Fiqh. However, they kept the Usul of Abu Hanifah and were considered Mujtahids of the Madhab of Abu Hanifah.
Abu Hanifah was a trader by profession, specialising in silk. In his early life he studied Ilm ul Kalaam, but abandoned it afterwards. Once he heard his son Hammaad, debating in Ilm ul Kalaam, he discouraged him from doing so. His son asked him why he was prohibiting him when he himself used to debate in Ilm ul-Kalaam. Abu Hanifah replied that he used to debate in Ilm ul Kalaam while being afraid that others would be wrong in an issue. Whereas you are debating with the hope that your opponent would be wrong in an issue in order to exploit his mistake. He who wants his opponent to make a mistake in Ilm ul Kalaam means that he wants him to be a Kafir (Ilm ul Kalaam deals with the issues of the Aqeedah), and he who wants his opponent to be a Kafir will become a Kafir before his opponent. So do not debate in Ilm ul Kalaam.
2.5 Madhab of Imam Malik
Malik ibn Anas (93 AH- 179 AH) was born and passed away in Medina. His ancestral place was Yemen. After the birth of Islam, his ancestors who had become Muslims migrated to and settled in Medina. He received his education in Medina, which was the highest place of learning in the vast Islamic State and housed most of the distinguished Sahabah of the Prophet*.
He studied under Abdur-Rahman ibn Hormuz, who advised Malik that: “The Alim (Scholar) should teach the people to say: “I do not know”. Imam Malik followed and adhered to this advice throughout his life. Once a man attended his Halaqah and asked him a question to which Imam Malik replied: “I do not know, no-one else ever asked this question the scholars from before never discussed such a topic.” Then Imam Malik told the man to come back the following day and he would see if he would be able to supply the answer. When the man returned the following day, Imam Malik again told him that he had no answer. The man then told him that he had heard that Imam Malik was the most knowledgeable man in the world, and so if Imam Malik did not know, then who else would know. Imam Malik kept with his answer that he did not know.
Imam Malik also studied with Ibn Shihaab Az-Zuhri, Nafi’ the ex-slave of Abdullah bin Umar, Yahya ibn Sa’eed; Rabiah ar-Ra’ee; and Jafar As-Sadiq. Imam Malik learned Ar-Ra’ee from Rabiah and from Yahya ibn Sa’eed, and he learned Hadith from Naafi’ and from Ibn Shihaab Az-Zuhri. Therefore, we can say that Imam Malik had studied from both schools of Hadith and Ra’ee, since Ra’ee was also being taught in Al-Medina.
Imam Malik was known for his very sharp memory and quick thinking. He used to think very hard and carefully to arrive at his opinions and never rushed to issue a Fatwa. Once someone asked him a question, and another person remarked that the question was very easy. Imam Malik replied that there is nothing easy or trivial with regard to giving a rule. Imam Malik also disliked lengthy arguments. He was once asked that if a person was very knowledgeable in the Hadith and Sunnah, should that person continue arguing his point. Imam Malik replied that such a person should just issue his opinion and his evidence without engaging in too much of a discussion or debate.
Among the persons who benefited from Imam Malik’s learning were Khulafa such as Mansoor, Hadi, Haroon, and Mamun. Scholars like Abu Hanifah, Shafi’i, and Abu Yusuf to name just a few, also benefited from the teachings of Imam Malik.
Imam Malik lived under the rule of the Ummayyads and the Abbassids. He did not entirely agree with their rule, nor did he join the rebels, but rather he advised that the people should not tolerate their wrong doings. He was not exempt from problems with the rulers, especially during the era of Abu Jafar al-Mansoor. Imam Malik had reported a Hadith in which the Prophet* said: “There is no oath if given under duress.”
At that time some of the Shi’a, under the leadership of Muhammad Nafsul Zakiyyah were leading a revolt against the Khaleefah, using this Hadith as a basis for their revolt. Abu Jafar al-Mansoor sent a messenger to Imam Malik to ascertain if this Hadith had in fact been reported and supported by Imam Malik. Imam Malik told the Messenger that he had in fact reported that Riwayah, and so the Khaleefah understood from the reply that Imam Malik was a part of the Shi’a’s rebellion. He was imprisoned and was beaten very severely to the point that his hands became deformed (Imam Malik after this used to pray with his hands at his side). Afterwards, Abu Jafar tried to reconcile with Imam Malik. Imam Malik once said:“When I returned to meet Abu Jafar during the Hajj season, he told me: I swear by Allah, I did not instruct anyone with what happened to you. The people of Al-Haramayn will remain in a good condition as long as you are with them. Allah lifted up this Ummah as long as you are with them. I ordered the Wali who was responsible to come to me and I have put him in jail, humiliated, insulted and punished him with more than what you were punished”. Imam Malik continued, “May Allah give you good health and a good destination on the day of Judgment. I have forgiven that Wali since he is a relative of the Prophet*.”
2.6 Madhab of Imam Shafi’i
Muhammad ibn Idris ash-Shafi’i (150-205 AH / 767-820 C.E) is considered to be the architect of Usul al-Fiqh. He was born in Gaza (Palestine) and when he was two years old his mother took him to Mecca. Imam Shafi’i is from the tribe of Quraysh and his lineage meets with the Prophet* at Abdu Manaf.
At an early age his mother took him to the local Kuttab to memorize the Qur’an, but since they were poor and could not afford the tuition, he was not allowed to attend the classes. He used to stay within an earshot of the class listening to the instructions of the Shaykh and memorising them. When the teacher would leave, young Shafi’i would go to help the students with their memorisation. The teacher learned about this and allowed young Shafi’i in the class with the condition that he would help the students with their memorisation. When he was about seven years old he had memorised the Qur’an, and they went to Masjid Al-Haram where he studied the Arabic language. By the time he graduated, he had learned all the versions of the classical Arabic language. His statements are considered to be standards in the Arabic language. After completing his Arabic studies, a man advised him to study Hadith, Fiqh, and Ulum-ul-Quran, and so he moved to Medina. There he studied under Imam Malik ibn Anas prior to his death in 179 A.H. It was directly from Imam Malik that Imam Shafi’i learned the Muwatta. He then travelled to Iraq, where he stayed as the guest of Muhammad bin Al-Hasan, the student of Abu Hanifah. Imam Shafi’i would debate and study with both Muhammad bin al-Hasan and Qadi Abu Yusuf. He then returned to Medina, around 174 A.H., to visit with his old teacher Imam Malik. After the death of Imam Malik, Imam Shafi’i travelled to Yemen. There he met Umar bin Abi Salamah, teacher of al Awaza’i, a great scholar in Usul al-Fiqh.
While there, some problems arose between the Khaleefah Haroon ar-Rashid and Ahl-ul- Bayt. Imam Shafi’i was accused of siding with the Ahl-ul-Bayt against the Khaleefah, and was arrested and taken to Baghdad to the court of the Khaleefah. After a discussion with the Khaleefah to clear himself of any wrong doing, Imam Shafi’i was invited by the Khaleefah to advise him. It is recorded that he was so firm and strong in his advice to the Khaleefah that the Khaleefah wept.
While in Baghdad he met Abdur Rahman bin al Mahdi (Scholar of Hadith) in 195 A.H., who asked him to write a book explaining the methodology of understanding Fiqh. In this work, Imam Shafi’i combined both the School of Hadith in Medina and School of Ra’ee in Kufah. He was able to do this because he was aquainted with both schools. In Medina he studied under Imam Malik and in Kufah he met Muhammad bin al-Hasan (follower of Hanafi school of Fiqh). The outcome of this book was called Ar-Risala (This old version does not exist today).
Imam Shafi’i then decided to move to Egypt. While in Egypt Imam Shafi’i rewrote his book Ar-Risala. In the new Risala, he established new principles in Usul al-Fiqh. Thus, his changing to a new methodology changed his Fatwas because the pattern for giving Fatwas is as follows:
Usul ul Fiqh > Fiqh > Fatwa
Some think that Imam Shafi’i changed his Fiqh due to the new circumstances or environment in Egypt. We must understand that Imam Shafi’i did not rewrite his book for the sake of it, or because he changed his location. There are really only two possibilities for the re-writing of Ar-Risala. Imam Shafi’i had put in his mind that he wanted to reach a specific conclusion and in order to do so he would have to change the basis for those predetermined conclusions, or Imam Shafi’i found that the old basis he had used was wrong, and so it was necessary to redo or to revise his basis for deriving his Fiqh.
If there is a change in Usul al-Fiqh there will obviously be a different ruling and not vice-versa, because a Mujtahid is not allowed to think of a ruling before deciding on which sources to extract the rulings from. Therefore, as a result of changing the Usul al-Fiqh there were different Fatwas. The reason for the change was that he thought that his earlier Usul al-Fiqh was wrong. This change was not due to time or place. Therefore, his Madhab had changed completely because his Usul al-Fiqh had changed. This very important point, if it is not understood correctly could prove to be misleading. Imam Shafi’i never debated in Ilm-ul-Kalaam. Regarding it he used to say; “Debating in Fiqh, at the very least would lead the people to make fun of you, for example, saying the Diyah for murder is an egg. Debating in Ilm ul Kalaam, they would say that you are deviating and making a Bid’ah. So go and debate in Fiqh, and leave Ilm ul Kalaam.”
2.7 Madhab of Imam Ahmad Ibn Hanbal
Imam Abu Abdullah Ahmad bin Hanbal (164 AH - 241 AH) was born and passed away in Baghdad. His mother and his uncle took care of him due to the death of his father when he was very young. Baghdad at that time was experiencing a very strong intellectual movement, and was the capital of the Islamic State. It was residence for many scholars and intellectuals. It was in this environment that Imam Ahmad studied the Qur’an, Arabic language, Hadith, the sayings of the Sahabah, and the Seerah of the Prophet*. At an early age it was quite evident that Imam Ahmad possessed a very sharp and keen intellectual ability.
He was known to be very serious in his youth. At about 15 years of age, in 179 AH, he began studying and taking care of the Science of Hadith, under the tutelage of Qadi Abu Yusuf. In 186 AH Imam Ahmad began travelling to Basra, Hijaz and Yemen. It is reported that he went to Hijaz at least five times. In 187 AH he met Imam Shafi’i in Mecca. In Yemen he took Hadith from Az-Zuhri and Ibn Musayeb.
A person once asked him about his busy travelling schedule and he replied; “I will keep my pen with me all the way to the grave.” He met Imam Shafi’i again in Baghdad and studied in Imam Shafi’i’s Halaqah. Imam Shafi’i said, “When I left Baghdad, I did not leave behind me a person more knowledgeable and better than Ahmad”.
Imam Ahmad came up at a very opportune time, in that he got a chance to read what was already documented by the great scholars before him such as Al-Aathar by Yusuf bin Qadi Abu Yusuf, the works of Muhammad ibn Hasan, Imam Shafi’i and Imam Malik’s Al-Muwatta. He was able to study Hadith, Sunnah and Fiqh all together. He collected 40,000 Ahadith in his famous book called Al Musnad. In this book he classified the Hadith based on the names of the Sahabah who reported them, as well as the Fiqh of the Sahabah.
At the age of 40, he began his own Halaqah, although it was reported that before this he had already been issuing Fatwa. He used to give two Halaqahs, one was public and the other was for his students and his children. He used to instruct his students to write down the Hadith and did not encourage them to write down his Fatawa.
2.7.1 Imam Ahmad and Ilm-Ul-Kalaam
A man wrote a letter to Imam Ahmad asking him to debate with a person from the Muttakillimeen (one who practices Ilm ul Kalaam). Imam Ahmad replied that he already had the chance to meet with those from the Muttakillimeen but he chose not to sit down with those deviant people. Imam Ahmad’s opinion was that the Book of Allah had to be taken the way it was revealed.
Because of such a position, he was usually at odds and in direct confrontation with people like Mu’tazilah, who at that time were supported by the Khaleefah Mamun. The Mu’tazilah used to say that the Qur’an was created and developed this opinion as a reaction to a position held by some of the Christians at that time.
A Christian during that time called Yuhannah Al-Damashqee used to instruct his followers that the best way to debate with the Muslims was to ask them about Allah’s speech or word, and whether it was eternal or not. If they say it is eternal, then Jesus (Isa) would also have to be eternal since the Qur’an says Jesus is Kalimat-ul-Allah, or Allah’s word. If they say that Allah’s speech is not eternal, then this would mean that Allah’s speech was created.
Being influenced by this, the Mu’tazilah began carrying the opinion that the Qur’an was created, thinking that this would cut off any avenue that could lead to the conclusion that Jesus was eternal. This opinion was adopted by the Khaleefah Al Mamun in the year 212 AH, and in 218 AH Al Mamun began imposing this opinion on the people, enacting a punishment on those who would not say that the Qur’an was created.
Imam Ahmad was one of the few people who stood fast in his opinion regardless of the punishment that he would face. He refused to say what the Khaleefah was trying to persuade him to say. When the people asked him why don’t you just say the Qur’an was created and you will be free from the persecution? Imam Ahmad replied, “Then how will the Ummah know the truth?”
Imam Ahmad’s opinion was that the entire issue was not one to be discussed since it was no more than a reaction to the Christians’ debate, and that such an issue regarding the Islamic Aqeedah was never discussed by the Prophet*, nor any of the Sahabah.
It should be clear here, regarding the opinion adopted by the Mu’tazilah that the issue is not whether they were right or wrong, rather the issue is with regard to using Ilm ul-Kalaam. Because of Ilm ul-Kalaam, Muslims began debating issues that were once debated by the ancient Greeks and as a result, they lost a clear understanding of many issues related to the Islamic Aqeedah. The Islamic Aqeedah should be understood within the methodology of the Qur’an.
This methodology separates between two Daleel, i.e. the mind and the conclusive texts (Qur’an and Mutawatir Hadith). The mind is used to become convinced that the universe was created and is organised by Allah; that Allah revealed the Qur’an; and that there is a need for a Messenger to convey this Message and that Prophet Muhammad* is the Messenger to whom the Qur’an was revealed. Once we believe in these principles of the Islamic Aqeedah, then the role of the mind is to understand the conclusive texts as they were given with regard to the angels, Jinns, the Day of Judgment and the hereafter.
We should not discuss any issue dealing with the Ghayb or the un-sensed with our minds. The correct way is to believe in everything that the revelation brought to us the way it is, without trying to change it, adding to it, deleting from it or twisting its meaning. This means that issues such as the Jinns, angels, and the attributes of Allah cannot be discussed based on our minds or intellect.
We cannot even describe the attributes or anything related to the entity or essence of Allah. Because of Ilm ul-Kalaam, Muslims started carrying certain deviant opinions and ideas regarding the Islamic Aqeedah, which resulted in one of the many factors which led to the decline of the Muslim Ummah. It should also be clear that none of the four Imams ever got entangled in Ilm ul-Kalaam’.
Imam Ahmad did not document his Fiqh as did Imam Shafi’i’, and consequently his Fiqh was transmitted by his students. Imam Ahmad is said to have many opinions regarding an issue, and this caused some people to say that Ahmad was a Muhadith rather than a Faqih. It is important to note here that the varying opinions of Imam Ahmad were actually his quoting the varying opinions of the Sahabah without weighing one opinion against the other. Besides being a great Faqih, he was a great scholar in the Sunnah. His title was Imam al Sunnah and the eliminator of Bid’ah.
2.7.2 Students from the Madhab of Imam Hanbal
Well-recognised Hanbali scholars:
• Ibn Qudama al-Maqdisi
• Ibn Taymiyyah
• Ibn al Qayyim
2.7.3 Ibn Taymiyyah
Ibn Taymiyyah (661 AH - 728 AH) was born in a family wherein both his father and grandfather were scholars of the Hanbali Madhab. Under the supervision of his father he memorised the Qur’an, studied Hadith, and learned Hanbali Fiqh. After the invasion of Baghdad, at the hands of the Tartars, he moved to Damascus where he became engaged in various activities aimed at waging Jihad against the invading Tartars.
He disagreed with all four Imams on many issues and used to be confronted because of it; however, he never compromised his position. He also tolerated the other opinions as long as they were based on the Islamic texts, even though they conflicted with his own opinions.
In his book, Al Fatawa, he wrote that Ahl as-Salaf had many opinions, even in the areas of Aqeedah. Throughout his life Ibn Taymiyyah never tolerated injustice from any ruler and worked tirelessly for the complete and comprehensive implementation of Islam in the Islamic State. It’s unfortunate that some Muslims who promote the ideas and understandings of Ibn Taymiyyah make excuses for unjust rulers and their tools, the paid scholars. They do all this while claiming that they are following the example of Ibn Taymiyyah. If one really wants to follow Ibn Taymiyyah then one must follow his comprehensive approach to Islam. Quoting one sentence or opinion of Ibn Taymiyyah and using it as a generalisation for his entire life actually does a disservice in the presentation of the life of such a great scholar of Islam.
2.8 Madhab of Ibn Hazm
Ibn Hazm (384 AH - 456 AH) was born in Cordoba in Andalusia (Spain), which at that time was the capital of science for all of Europe. He studied Qur’an, Hadith, and Maliki Fiqh. He then moved to study Shafi’i’ Fiqh, and left it. Later on, he moved to study about the Madhab of Abu Dawud Az-Zahiri from Mas’ood bin Sulayman.
Ibn Hazm rejected Qiyas and took only the literal meaning of the text to the point that if a man urinated in a body of water; for example, he would consider for the water Najis (filthy); however, if the urine were from a pig, then the water would not be considered as najis. Ibn Hazm fought against Taqleed and called the people to discuss issues based on the Daleel. This caused him some problems from some people at that time. His most important book is Al-Muhalla.
2.9 Introduction to Madhab of Imam Zayd and Imam Jafar
The Messenger of Allah* died without appointing a specific person to succeed him* as a Khaleefah. After the Sahabah met and deliberated, they decided to select Abu Bakr as the Khaleefah. All the Sahabah, including Ali, gave the Bay’ah to Abu Bakr. Before he died, Abu Bakr nominated Umar bin Al-Khattab to be his successor, after consulting with the people of Medina. Umar became the Khaleefah; however, only after being given the Bay’ah. On his deathbed, Umar nominated 6 people and suggested that the Khaleefah be chosen from among them. Included in this list of nominees were Ali bin Abi Talib and Uthman bin al-Affan. Ali bin Abi Talib was first offered the Khilafah on the condition that he adheres to the ways of the previous two Khaleefs (Abu Bakr & Umar) because this is what the people of Medina wanted but he said that he would like to follow his own opinion on certain matters. Then Uthman bin al-Affan was first offered the Khilafah on the same conditions and he accepted. Hence, he was given Bayah as the new Khaleef – including bayah from Ali.
Turmoil happened upon the assassination of Uthman. Those who were guarding Uthman at the time of his assassination were extremely honourable people and included Ali’s sons Hasan and Hussein; however, the guards were eventually overwhelmed and Uthman was assassinated. Ali then took the Bay’ah and became the fourth Khaleef in the Mosque.
During the era of Ali, he had differences with some of the Sahabah. Actually Ali found himself facing a variety of critical issues, such as his opinion that the organised conspiracy, which led to Uthman’s assassination, was an organised internal disruption rather than a one-man effort. There were differences with Sahabah such as Talha, Zubair, and Aisha bint Abu Bakr; Mu’awiyyah and his persistence in having Uthman’s killers handed over to him; some of Ali’s so-called “supporters” began evoking claims that Ali was God incarnate.
From his side, Ali chose to handle all of these crises at once; he killed those who claimed that he was god; moved to Kufah to deal with Talha, Zubair and Aisha bint Abu Bakr issue; and was able to overcome this although it led to the killing of Talha and Zubair; and then he moved towards Syria to deal with Mu’awiyyah. All of these activities caused Ali to be continuously engaged in one conflict or another. Finally the conflict ended in his assassination.
It is within this environment that the seeds of the Shi’a were sown and started growing. In the beginning it started as a political movement working under the pretext of getting the Khilafah back to Ali and his descendants. Later on, it was given an intellectual context. The Shi’a were divided into many groups. Some went to the extreme claiming that Ali was god. Others claimed that the Messengership was meant for Ali and not for Muhammad*. These two groups were not considered Muslims. Even the Shi’a label these groups as non-Muslims. In addition to this, there were others like the Zaydis and the Jafaris who did not at all go to these extremes.
Some people presently generalise and label all of the Shi’a as Non-Muslims. This generalisation is not at all correct, since not all of the Shi’a believe that Ali deserved the Messengership or that Ali was god incarnate, or that the Qur’an was changed and is imperfect. The Zaydis and the Jafaris cannot be labelled as non-Muslims since they do not subscribe to such Kufr beliefs. However, if an individual carries such beliefs or ideas then that individual deserves the label as being non-Muslim, whether he is Shi’a or Sunni. Anyone who carries Kufr ideas and concepts even if he was born to Sunni parents will not be considered as Muslims.
2.9.1 Madhab of Imam Zayd
Imam Zayd bin Ali (80 AH - 122 AH) was born in Medina. His father Ali, son of Al-Hussein bin Ali bin Abi Talib the fourth Khaleefah, was one of the few descendants of Hussein that were spared at Karbalah. Imam Zayd’s father was highly respected and highly educated, and rejected the extremism of those who claimed themselves to be Shi’a.
It was in this environment that Imam Zayd was born. His father died when he was 14 years old and his elder brother Muhammad al-Baaqir took care of him. His early education was taken from his elder brother Muhammad al-Baaqir, who was considered at that time as a great scholar. He also studied with another great scholar, Abdullah bin Hasan bin Ali. Both Al Baaqir and Abdullah bin Hasan were teachers of many great scholars and Imams like Abu Hanifah and Imam Malik, who took Hadith from them. Zayd also studied under other Tabi’een who were residing in Medina.
Later on Imam Zayd moved to Basra where he met Waasil bin Ataa, the founder of the Mu’tazilah. He kept moving between Iraq and Hijaz seeking knowledge. Abu Hanifah once said about Imam Zayd, “I met with Zayd and I never saw in his generation a person more knowledgeable, as quick a thinker, or more eloquent than him. He was in a class by himself.”
His Fiqh was documented in Al Majmu’, which was documented by his student Abu Khalid Amr ibn Khalid Waasifi. The Grand Majmu’ or Al-Majmu’ Al-Akbar is made up of two sections, Majmu’ Al-Hadith and Majmu’ Al-Fiqh. After Imam Zayd’s death, many students from his Madhab emerged, especially in Yemen. The most interesting thing about this Madhab is that they never closed the door of Ijtihad. This Madhab is very close to that of Abu Hanifah’s in the areas of Mu’amalat or transactions. Nowadays this Madhab is said to be the closest to the four popular Madhabs of Abu Hanifah, Malik, Shafi’i and Hanbal. Imam Abu Zahrah, in his book History of the Islamic Schools of Thought (Taareekhul Madhabil Islamiyyah), said that there are two Zaydi Madhabs, the one before his death and the one that emerged after his death.
2.9.2 Madhab of Imam Jafar
Though the Shi’a Imamia is also called Jafariah, this does not mean that the sole source of the Shi’a Fiqh is Imam Jafar. It is mixed with others. The Jafariah Madhab is composed of Fiqh from other people such as Qumi, Tousi and Qulani. Thus, it is very hard to verify what was reported by Imam Jafar. Among the Jafariah claims are:
A. The Imams were appointed by the Prophet*, namely Ali and his descendants. The twelve Imams are as follows:
1. Ali
2. Hasan ibn Ali
3. Hussein ibn Ali
4. Ali Zain-ul-aabideen
5. Muhammed al-Baaqir
6. Ja’far as-Saadiq
7. Musa al-Kazim
8. Ali al-Rida
9. Muhammad al-Jawad
10. Ali al-Hadi
11. Al Hasan al-Askaree
12. Muhammad bin al-Hasan
B. The Imams are infallible i.e. they cannot commit any sins.
C. Imams have qualities, which elevate them above the level of Prophets. In the words of Ayatollah Khomeini: “The Imam has an exalted position, an elevated rank and a creational viceregency (caliphate) to whose sovereignty and dominion all of the atoms of the universe yield and obey and, among the basic tenets of our Madhab is that the Imams have a position which cannot be attained by either an angel close or a commissioned Prophet. Furthermore, based on the narrations and Hadith which we have, the greatest Prophet and the Imams existed before this world as lights which Allah made to encircle His throne.”40
D. Tuqiyyah is allowed. Tuqiyyah states that a Muslim is allowed to hide whatever he believes in due to certain circumstances. The Jafaris claim that Imam Jafar said: “It (Tuqiyyah) is my Deen and the Deen of my forefathers” about Tuqiyyah.
E. Some of the Jafaris claim that the 12th Imam was born and was hidden in his early childhood. However, Al-Kulaynee, in his book Al Kafee, reports that the 12th Imam’s father died before his birth. The pregnant period passed and the expecting mother realised that she was actually not pregnant, and so the 12th Imam was never born.
These are but a few of the opinions of those who claim to follow the Madhab of Imam Jafar. Let us now study his life to determine if such claims were actually from Imam Jafar.
Imam Jafar as Sadiq bin Muhammad al Baqr (80 AH to 148 AH) was born in Medina and is the nephew of Imam Zayd and grandson of Zain Al-Aabideen. The Shi’a considers Imam Jafar as the sixth Imam. His father Muhammad Al-Baaqir used to be approached by people like Sufyan Ath-Thawri, Sufyan bin Ayaynah and Abu Hanifah in their quest for knowledge. Al Baaqir highly respected Abu Bakr, Umar, and Uthman, and he used to say: “He who does not recognise Abu Bakr and Umar is ignorant in the Sunnah.”
In another occasion he told his student Jabir Al Ja’fee: “O Jabir, I know that some people in Iraq claim that they like us, but they try to undermine Abu Bakr and Umar claiming that I instructed them to do so. Tell them that indeed, I denounce them for the sake of Allah, and if I were in charge, by Him in whose hands is the soul of Muhammad, I would slaughter them and shed their blood in order to get closer to Allah. May the intercession of Muhammad not cover me if I do not ask Allah to forgive both Abu Bakr and Umar and give them both His mercy. Allah’s enemies are absent minded and neglectful of them.”
Muhammad Al-Baaqir used to do Tafseer of the Qur’an, report Hadith whether the reports came through Ahl-ul-Bayt or from the other Sahabah without distinction. He was actually married to the granddaughter of Abu Bakr As-Siddiq, and Imam Jafar was born from this marriage. This means that his mother’s line ended with Abu Bakr while his father’s ended with Ali bin Abi Talib.
Imam Jafar grew up in Medina where the Sahabah, their traditions and works remained and where the Tabi’een used to live. He used to stay close to his grandfather Zain ul-Aabideen, where the Tabi’een would come to discuss issues of Islam with Zain. Therefore, Imam Jafar would take from both the Tabi’een and from Ahl ul-Bayt. His mother was also the daughter of Qasim bin Muhammad bin Abu Bakr, one of the seven great Tabi’een, whom people like Imam Malik used to study with. This shows that Imam Jafar had a wide and comprehensive understanding of Islam.
After the death of his father, he continued seeking knowledge. He used to study in depth, the opinions of different scholars, and after a long debate with Abu Hanifah, Abu Hanifah declared: “The most knowledgeable person is the one who is the most knowledgeable of their differences,” referring to Imam Jafar. Many scholars such as Imam Malik and Abu Hanifah used to sit and take reports from him.
2.9.3 Imam Jafar and Public Life
Jafar witnessed at an early age, his uncle’s move against the Umayyad Khaleefah. He realised how his followers had let him down. Therefore, he was able to develop a complete image about the people who were calling themselves the Shi’a. Later on, in the Abbasid Khilafah, since they were also from Bani Hashim, it was expected that the situation would change for the better with Ahl ul-Bayt.
However, when some of Ahl ul-Bayt rebelled against the Abbasids, another massacre occurred and Imam Jafar witnessed another era of persecution. So we find him trying to keep away from the political life as much as possible, and he never claimed the Bay’ah for himself. However, this does not mean that he did not have nor develop political opinions. In his era, the extremist opinions of Shi’a appeared. Such ideas included that the Sahabah being Kuffar, the slandering of Abu Bakr and Umar, and claims that such ideas were from Jafar and Imam Al Baaqir. Also in his era, the Khattabiyyah, another deviant group, emerged.
2.9.4 Fiqh of Imam Jafar
The Fiqh of Imam Jafar is considered to be one of the Fiqh from the Sunnah. However, there are some people who claim themselves to be Jafaris try to present a different picture of Imam Jafar. Al Kulaynee, in his book Al Kafee, claims that Imam Jafar has a special Ilm which was carried from the well of the Prophet* to Ali, and then to other Imams, arriving to Imam Jafar, who then transferred it to the remaining Jafari Imams. This special knowledge Al Kulaynee called Al Jafr. This Jafr gives to the Imam who carries or has it, knowledge of the Ghayb or the unsensed, and it seems as if this claim actually came from Al Khattabiyyah.
Such claims are not at all expected or suspected to be from the honourable and trustworthy Imam Jafar, especially when we realise that the reporter, Al Kulaynee, purports claims that the Qur’an was tampered with. It is clear that these heretic claims attributed to Imam Jafar and Imam Zayd are false, and that these honourable and trustworthy Imams would not have said such things.
Special Achievement Certificates for 100% Attendance and Outstanding Contribution
The Following certificates were presented:
Special Achievement Certificates for 100% Attendance for not missing a Study Circle between 31 March and 19 May 2013. These were awarded to
- Ahmed
- Amber
- Hamida
- Hasan
- Tabasim
- Umer
- Zayn
Special Achievement Certificates for Outstanding Contribution for her regular and inspiring Feedback Sessions between 31 March and 19 May 2013 was awarded to:
- Faiza
Well done to these individuals and to all the others who have attended, listened and learned along the way!Naveed
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HISC is a family-focused weekly Islamic Study Group aimed at children and parents. Based in Harborne, Birmingham (UK) since early 2007. It covers Islamic and Muslim topics to engender confidence in Islam. To enable children to positively interact with society as good ambassadors. The Circle is organised and talks given weekly by Dr Naveed Syed.
Monday, 20 May 2013
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Usul al-Fiqh
Friday, 17 May 2013
12 May 2013
Life of Prophet Nuh (3) and Usul al-Fiqh – Ijtihad 2 (Differences of Opinion)
Summary
Life of Prophet Nuh
The Disbelievers Remain Ignorant and threaten Nuh unless he changes his ways or compromises
Nuh's Appeal to His People direct with Signs of Allah
Nuh's Preaching for centuries, as he lived for 950 years
The people and the Elite (Malla) mock Nuh and he is told no more people will follow him
Nuh Prays for the Disbeliever's End as they will cause corruption on Earth
Nuh Builds the Ark under Allah's guidance
The Flood begins as the 'oven gushes water' and the rain starts
Nuh collects pairs of hte animals and his followers
The Number of Believers of Nuh are few (less than 80)
Usul al-Fiqh – Ijtihad 2 (Differences of Opinion)
Ijtihad 2 Reasons for differences of opinion among the Scholars (Mujtahideen)
The word Madhab means “school of Fiqh" and differences are due to:
Differences in the legislative sources
- Criteria in evaluating the Sunnah: whether Hadith are authentic or weak
- Differences in the Sahabah’s opinions as individuals
- Differences in the practice of Qiyas or Istihsan
- Differences in Ijma’ (Consensus of the Companions) like Ijma’ Ahlel Madinah (People of Madinah), Ijma’ Al-Mujtahideen
- Differences in other Legislative Sources as some Scholars used Maslahah Mursalah and other non-definitive principles
Differences in Interpreting the Text itself
- Literalists (Prophet* listening to music with fingers in his ears)
- Those who saw deeper meanings in the text
Differences in Methodology of Usul al-Fiqh
Differences in Understanding the Arabic Language
Hadith of Banu Quraydah and not praying Asr until they reached there
Differences is not a weakness but a blessing
Whose Responsibility - everyone takes responsibility for their actions and should not blame scholars - especially of they seek 'easy' fatwas from dodgy DIY scholars.
Life of Prophet Nuh
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.
Noah's Appeal to His People
Allah the Almighty related what Noah faced: "Verily, We sent Noah to his people saying: "Warn your people before there comes to them a painful torment." He said: "O my people! Verily, I am a plain Warner to you, that you should worship Allah alone, be dutiful to Him and obey me, He (Allah) will forgive you of your sins and respite you to an appointed term. Verily, the term of Allah when it comes, cannot be delayed, if you but knew."
He said: "O my Lord! Verily, I have called my people night and day (secretly and openly to accept the doctrine of Islamic Monotheism), but all my calling added nothing but to their flight from the truth. Verily! Everytime I called unto them that You might forgive them, they thrust their fingers into their ears, covered themselves up with their garments, and persisted (in their refusal), and magnified themselves in pride. Then verily, I called to them openly (aloud); then verily, I proclaimed to them in public, and I have appealed to them in private, I said to them: 'Ask forgiveness from your Lord, Verily, He is Oft Forgiving; He will send rain to you in abundance, and give you increase in wealth and children, and bestow on you gardens and bestow on you rivers." What is the matter with you, that you fear not Allah (His Punishment), and you hope not for reward from Allah or you believe not in His Oneness. While He has created you in different stages. (TMQ 23:13-14)
See you not how Allah has created the seven heavens one above another, and has made the moon a light therein and made the sun a lamp? And Allah has brought you forth from the dust of earth. Afterwards He will return you into it (the earth), and bring you forth (again on the Day of Resurrection) Allah has made for you the earth wide spread (an expanse) that you may go about therein broad roads.
Noah said: "My Lord! They have disobeyed me, and followed one whose wealth and children give him no increase but only loss. They have plotted a mighty plot. They have said: 'you shall not leave your gods, nor shall you leave wadd, nor Suwa, nor Yaghuth, nor ya'uq nor Nasr (names of the idols). Indeed they have led many astray. O Allah! Grant no increase to the Zalimeen (polytheists, wrongdoers, and disbelievers etc) save error." Because of their sins they were drowned, then were made to enter the Fire and they found none to help them instead of Allah. (TMQ 71:1-25).
The Length of Noah's Preaching
Noah continued to call his people to believe in Allah for nine hundred fifty years. Allah the Almighty said: Indeed We sent Noah to his people and he stayed among them a thousand years less fifty years (inviting them to believe in the Oneness of Allah (Monotheism) and discard the false gods and other deities). (TMQ 29:14)
It happened that every passing generation admonished the succeeding one not to believe Noah and to wage war against him. The father used to teach his child about the matter that was between himself and Noah and counsel him to reject his call when he reached adulthood. Their natural disposition rejected believing and following the truth. Noah saw that the number of believers was not increasing, while that of the disbelievers was. He was sad for his people, but he never reached the point of despair.
Noah Prays for the Disbeliever's End
There came a day when Allah revealed to Noah that no others would believe. Allah inspired him not to grieve for them at which point Noah prayed that the disbelievers be destroyed. He said: "My Lord! Leave not one of the disbelievers on the earth. If you leave them, they will mislead Your slaves and they will beget none but wicked disbelievers." (TMQ 71:27)
Allah accepted Noah's prayer. The case was closed, and He passed His judgment on the disbelievers in the form of a flood. Allah the Exalted ordered His worshipper Noah to build an ark with His knowledge and instructions and with the help of angels. Almighty Allah commanded: "And construct the ship under Our Eyes and with Our Inspiration and address Me not on behalf of those who did wrong; they are surely to be drowned." (TMQ 11:37)
Noah Builds the Ark
Noah chose a place outside the city, far from the sea. HE collected wood and tools and began to day and night to build the ark. The people's mockery continued: "O Noah! Does carpentry appeal to you more than prophethood? Why are you building an ark so far from the sea? Are you going to drag it to the water or is the wind going to carry it for you?" Noah replied: "You will come to know who will be put to shame and suffer." Allah the Almighty narrated: "As he was constructing the ship, whenever the chiefs of his people passed by him, they made a mockery of him. He said : "If you mock at us, so do we mock at you likewise for your mocking. And you will know who it is on whom will come a torment that will cover him with disgrace and on whom will fall a lasting torment." (TMQ 11:38-39)
The Flood begins
The ship was constructed, and Noah sat waiting Allah's command. Allah revealed to him that when water miraculously gushed forth from the oven at Noah's house, that would be the sign of the start of the flood, and the sign for Noah to act. The terrible day arrived when the oven at Noah's house overflowed. Noah hurried to open the ark and summon the believers. He also took with him a pair, male and female, of every type of animal, bird and insect. Seeing him taking these creatures to the ark, the people laughed loudly: "Noah must have gone out of his head! What is he going to do with the animals?" Almighty Allah narrated: “So it was till then there came Our Command and the oven gushed forth (water like fountains from the earth). We said: "Embark therein, of each kind two (male and female), and your family, except him against whom the Word has already gone forth, and those who believe." And none believed him except a few. “ (TMQ 11:40)
The Number of Believers
Noah's wife was not a believer with him so she did not join him; neither did one of Noah's sons, who was secretly a disbeliever but had pretended faith in front of Noah. Likewise most of the people were disbelievers and did not go on board. The scholars hold different opinions on the number of those who were with Noah on the ship. Ibn Abbas stated that there were 80 believers while Ka ab al Ahbar held that there were 72 believers. Others claimed that there were 10 believers with Noah.
Main Topic: Usul al-Fiqh – Ijtihad 2 (Differences of Opinion)
Ijtihad 2: Reasons for differences of opinion among the Scholars (Mujtahideen)
The word Madhab means “school of Fiqh”. The following are some of the reasons for the existence of Madhahib (schools of Fiqh).
Differences in the legislative sources
A. Criteria in evaluating the Sunnah:
One Mujtahid may consider a certain Hadith authentic while others may not. This is due to their differences in the criteria for judging the authenticity of the Hadith.
Example: The Hadith narrated by Amr b. Shuaib which mentions: “A woman came to the Prophet* along with her child with two gold bracelets in her hand. He* said: Do you give the Zakat upon these?’ She said: No.’ He* said: Would you like that Allah makes them into bracelets of Fire?’”
Some scholars consider this to be an authentic Hadith, while others consider it a weak Hadith due to the weakness in the Isnad. The scholars who said that there is no Zakah on jewellery are Aisha bint Abu Bakr Imam Jabir, Ibn Umar, Imam Malik, Imam Ahmad and Imam Shafi’i. Furthermore, one Mujtahid may know of a Hadith while another may not. It is due to this reason that the Mujtahideen used to say to their students, if you find a Hadith after you leave me, and it contradicts what I have told you, throw away my understanding and follow the Hadith.
Example: It is not permitted for a woman while she is menstruating to perform Tawaaf (circling around the Ka’aba). Based on this, Umar used to forbid women from completing the Hajj even if the menstruating started after leaving Arafat, which is the most important part of the Hajj. When he was informed that the Prophet* used to allow women to continue performing Hajj under similar situations, Umar subsequently lifted the ban, and allowed the woman to complete her Hajj.
B. Differences in the Sahabah’s opinions as individuals
Some scholars accepted the opinion of one Sahabi as a legislative source, while others treated the Sahabah as Mujtahids whose individual opinions were not legally binding.
C. Differences in the practice of Qiyas
Some scholars practiced Qiyas (see previous Circle) while others practiced Istihsan (see previous Circle).
D. Differences in Ijma’ (Consensus of the Companions)
Some scholars used Ijma’ as-Sahabah only, while others used Ijma’ Ahlel Madinah (People of Madinah), Ijma’ Al-Mujtahideen, and various other types of Ijma’ as well as discussed earlier.
E. Differences in other Legislative Sources
Some Scholars used Maslahah Mursalah and other non definitive principles while others did not. This contributed to more differences among the scholars.
Differences in Interpreting the Text itself
A. Literalists
Some scholars took the literal understanding of the text, meaning that they took the text at its surface value, refusing to take deeper understandings. Some of these scholars were called Zahiris, or those who took only the apparent meanings of the texts. An example is the Prophet* listening to music with fingers in his ears and walking with his Sahabae.
B. Those who saw deeper meanings in the text
In addition to the apparent meaning, some Scholars took deeper and implicit meanings in the texts.
Differences in Methodology of Usul al-Fiqh
There were differences in interpreting the forms and types of commands. For example, in the Hadith regarding the beard, there is a difference of opinion among the Scholars regarding whether the Hadith indicates Fard, Mandub or Mubah commands. For example, Ibn Taymiyya and Ibn Hazm said it is Fard. Ibn Qudamah, Shawkani, an-Nawawi and Qadi Iyad said it is recommended. Qadi Abu Bakr Ibn al-Arabi and Imam Qurtubi’s opinion was that it is only permitted.
Differences in Understanding the Arabic Language
This may be due to a different understanding of the Arabic text where it offers more than one meaning. As an example, Allah (swt) says in the Qur’an, in translation: “The divorced woman should wait for a period of three Quru” (TMQ Al-Baqarah: 228) Quru’ linguistically could mean the beginning of the menstruation period, and it could also mean the beginning of the purity period. The difference between these three Quru’s from the beginning of menstruation and three Quru’s from the beginning of the purity period is about 7 to 15 days. Some scholars say Quru’ means the purity period because of a Hadith in which the Prophet* instructed a woman to wait for the purity period. Other Scholars say that this Hadith is not authentic considered the Qur’an to mean the beginning of menstruation.
Besides all of this, one has to remember that the level of understanding of the text and the depth of thinking varies from one individual to another. These differences are a natural aspect of Allah’s creation and a mercy from Him (swt). It is for these reasons that we have different scholars forming different Schools of Fiqh. Some of these scholars had students who wrote their understanding of the text and these writings were considered as their Madhahib. These include Abu Hanifah, Malik, Shafi’i, Ibn Hanbal, Jafar, and Zayd. Other scholars did not have the opportunity of having students write their understanding of the text, and these include Al-Awza'i, al-Hasan al-Basri, Sufyan al-Thawri, Ibn Jarir al-Tabari, Laith and others.
These examples illustrate that there have always been differences of opinion. The Sahabah, Tabi’een and Tab’e Tabi’een bear witness to this fact. The Mujtahidun Mutlaq differed in their methodology, which led to the birth of different schools of Fiqh. Although the Mujtahideen were most convinced by the Ijtihad they performed, they nevertheless recognised the possibility that they could be wrong. Accordingly, the Mujtahideen have stated that whatever is correct in their work is from Allah (swt) and the errors are from themselves.
However, just because a Mujtahid is wrong, it does not mean that he should be barred from exercising Ijtihad. On the contrary, the Messenger of Allah* said, Amr b. al-Aas and Abu Hurayrah narrated that the Messenger* said: “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.” (Bukhari & Muslim)
There is also a severe punishment for those who do Ijtihad without being qualified to do so, even if they are right. Allah (swt) says: “pursue not that about which you have no knowledge; for surely the hearing, the sight, the heart, all of those will be called to account (on the Day of Judgment)” (TMQ al-Isra: 36)
One should not consider another opinion as being un-Islamic simply because it is different from the opinion that he has adopted. Instead, respect must be given to other opinion on the one condition that they are based on Islamic evidences. There is no need to respect opinions, which are not based upon a Daleel because there is no place in Islam for these opinions.
Therefore, it is necessary for every scholar to produce his Daleel in support of an opinion. This is to instil confidence in Muslims that his opinion is Islamic. Opinions given without evidence are baseless and should be rejected. This view towards other Islamic opinions will ensure the correct Islamic attitude. However, this measure alone will not provide the total answer to the problems we face today, especially to the problems of unifying Muslims on certain key issues. There will be many different opinions as to what the Hukm Shar’i is. In many instances this will not be a problem. However, one can imagine where it is necessary for the Ummah to be united under one opinion; e.g. sighting the moon for the beginning of Ramadhan, electing the Khaleefah, etc.
Ijma’ as-Sahabah has established that the Khaleefah has the authority to adopt certain rules and to enact them. The Shar’i principles state: “The Imam’s decree settles the disagreement” and “The Imam’s decree is executed openly and privately.”
All Muslims including the Mujtahideen have to follow the opinion adopted by the Khaleefah, but they can maintain their opinion and teach it, while their obedience should be to the opinion that the Khaleefah adopts. An example of this is the adoption of an opinion in the distribution of funds by Abu Bakr and Umar. When Abu Bakr was the Khaleefah, he paid equal grants to all of the Sahabah. He did not distinguish between the early Muslims and the new Muslims. When the Islamic State started receiving larger funds through the liberation of various lands, Abu Bakr continues to distribute the wealth equally. Umar and some of the Sahabah insisted that the earliest Muslims should be given preference over the later converts. Abu Bakr told him that he was aware of the differences that Umar had mentioned; however, his opinion was that distributing the funds equally was better in the sight of Allah (swt) than the principle of preference. When Umar became Khaleefah, he replaced Abu Bakr’s adoption of equality with his principle of preference. Umar did not like to pay the same amount to those who fought against the Prophet* and those who fought with him. Accordingly, he gave a larger amount to the early Sahabah who fought in Badr and Uhud and the relatives of the Prophet*. Thus, when Abu Bakr was the Khaleefah, Umar left his understanding and enacted the decree of Abu Bakr, as did the judges, governors, and all Muslims. However, when Umar became the Khaleefah, he obliged the enactment of his opinion and the others implemented it.
Different opinions should not be viewed as a weakness or a source of disunity. As we have seen, Muslims have had varying opinions in many issues since the time of the Messenger of Allah*, as is mentioned in the Hadith of Banu Quraydhah. As long as the opinion is based on Islamic evidence, and this opinion does not contradict an assured law, it should be respected as an Islamic opinion.
Finally, the way to achieve Islamic unity is not by suppressing different opinions and calling for the abandonment of Madhahib. Rather, it is achieved by Muslims living under the ideological leadership of Islam where the Khilafah makes the decision of which opinion to adopt in key issues.
Why do differences exist?
Difference in opinion exists because the Shari'ah rule, which represents the address of the Legislator related to the actions of the servants, have come in the Qur'an and the Hadith, and many of these carry several meanings according to the Arabic language and according to Shari'ah. Hence, it is natural and inevitable for people to differ in their understanding and for this difference in understanding to reach the level of disparity and contradiction in the intended meaning. Thus, it is inevitable for different and contradictory understandings to be reached. These could be a host of different and contradictory understandings in the one matter.
Bukhari extracted on the authority of Nafi', on that of Ibn Umar who said: "The Messenger of Allah *said on the day of Al-Ahzab (the battle of the Ditch): "None of you should pray Asr except in Bani Quraytha." The time of Asr entered while some were still on the way; so some said: "We should not pray until we reach Bani Quraytha." Others said: "No, we should pray because the instruction does not mean this." This was mentioned to the Messenger of Allah *and he did not rebuke any of them." When the Messenger of Allah *said: "None of you should pray Asr except in Bani Quraytha.", some understood that he was urging haste and they prayed in the way, while others understood that he *had literally ordered them to pray Asr in Bani Quraytha, thus they delayed Asr until they reached their destination. When the Messenger of Allah *heard of this, he approved of both camps' actions.
There are many verses and Ahadith similar to this. The difference of opinion in the one matter makes it incumbent upon the Muslims to adopt one opinion from among these various opinions, for all of them are Shari'ah rules, and the rule of Allah in the one single matter does not multiply. Therefore, it is imperative to determine one single rule and adopt it. Hence, the Muslim's adoption of one specific Shari'ah rule is necessary and inevitable when he undertakes the action, for the undertaking of the action obligates the Muslim to accomplish it according to the Shari'ah rule, whether this were a Fardh (obligatory), or Mandub (recommended), or Haram (forbidden), or Makruh (despised), or Mubah (permitted), and this makes it incumbent upon the Muslims to adopt a specific Shari'ah rule when taking the rules to act upon them, whether he were a Mujtahid or a Muqallid or otherwise.
Where adoption is necessary to settle the difference of opinion
The Khalifah (or Amir) adopts a host of specific Shari'ah rules, which he will enact as a constitution and as laws. If he adopts a Shari'ah rule, this rule alone becomes the Shari'ah rule that must be acted upon and it becomes a binding law that every citizen must obey openly and privately.
The evidence of this article is derived from the Ijma'a (General Consensus) of the Sahaba. The Ijma'a of the Sahaba has been established in stipulating that the Khalifah reserves the right to adopt specific Shari'ah rules. It has also been established that it is obligatory to act upon the rules adopted by the Khalifah. A Muslim is forbidden from acting upon other than what the Khalifah has adopted in terms of Shari'ah rules even if these rules were Shari'ah rules adopted by a Mujtahid. This is so because the rule of Allah that becomes duly binding upon all the Muslims is that which the Khalifah adopts. The rightly guided Khulafa' proceeded in this manner. They adopted a host of specific rules and ordered their implementation; thus, the Muslims, with the Sahaba amongst them, used to act upon these rules and abandon their own Ijtihad. For instance, Abu Bakr adopted in the matter of divorce a rule stipulating that the triple divorce would be considered as one divorce if it were pronounced in one go. He also adopted in the matter of distributing the wealth upon the Muslims a rule stipulating that wealth should be distributed equally amongst the Muslims, regardless of seniority in Islam or anything else. The Muslims followed him in this while the judges and the Walis implemented the rules which he had adopted.
Whose Responsibility?
The scholar (Mujtahid) exerts his sincere effort in what he thinks is the best way to please Allah on any given issue. If done sincerely, this forma a valid opinion if the scholar has an open mind when referring the question to the Qur’an, Sunnah and then Ijma & Qiyas for the most correct answer. If a scholar already has an opinion that he wants to justify from Islam – that is wrong and may not be accepted by Allah. The two parties of Banu Quraizah genuinely thought their opinion was the most pleasing to Allah and there is no blame in that even if one was wrong (or wider of the mark).
However, today people want to do things and go shopping for a fatwa (religious ruling) to allow them or give them justification to do certain things and would prefer to blame the scholar. These scholars will take some blame , but the individual will also take their own blame if they follow their desires in choosing the easiest or most convenient opinion (rather than the strongest opinion). Don’t play with legal opinions as these will be judged on the Day of Judgement for or against you – as individuals carry out their own actions! Are you sure, to the best of your ability, that what you are doing is the best way to please Allah on any given issue?
Homework
Prophets ~ How did the boat / ark survive
Main Topic ~ Bring your questions about Usul al-Fiqh
Life of Prophet Nuh (3) and Usul al-Fiqh – Ijtihad 2 (Differences of Opinion)
Summary
Life of Prophet Nuh
The Disbelievers Remain Ignorant and threaten Nuh unless he changes his ways or compromises
Nuh's Appeal to His People direct with Signs of Allah
Nuh's Preaching for centuries, as he lived for 950 years
The people and the Elite (Malla) mock Nuh and he is told no more people will follow him
Nuh Prays for the Disbeliever's End as they will cause corruption on Earth
Nuh Builds the Ark under Allah's guidance
The Flood begins as the 'oven gushes water' and the rain starts
Nuh collects pairs of hte animals and his followers
The Number of Believers of Nuh are few (less than 80)
Usul al-Fiqh – Ijtihad 2 (Differences of Opinion)
Ijtihad 2 Reasons for differences of opinion among the Scholars (Mujtahideen)
The word Madhab means “school of Fiqh" and differences are due to:
Differences in the legislative sources
- Criteria in evaluating the Sunnah: whether Hadith are authentic or weak
- Differences in the Sahabah’s opinions as individuals
- Differences in the practice of Qiyas or Istihsan
- Differences in Ijma’ (Consensus of the Companions) like Ijma’ Ahlel Madinah (People of Madinah), Ijma’ Al-Mujtahideen
- Differences in other Legislative Sources as some Scholars used Maslahah Mursalah and other non-definitive principles
Differences in Interpreting the Text itself
- Literalists (Prophet* listening to music with fingers in his ears)
- Those who saw deeper meanings in the text
Differences in Methodology of Usul al-Fiqh
Differences in Understanding the Arabic Language
Hadith of Banu Quraydah and not praying Asr until they reached there
Differences is not a weakness but a blessing
Whose Responsibility - everyone takes responsibility for their actions and should not blame scholars - especially of they seek 'easy' fatwas from dodgy DIY scholars.
Life of Prophet Nuh
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.
Noah's Appeal to His People
Allah the Almighty related what Noah faced: "Verily, We sent Noah to his people saying: "Warn your people before there comes to them a painful torment." He said: "O my people! Verily, I am a plain Warner to you, that you should worship Allah alone, be dutiful to Him and obey me, He (Allah) will forgive you of your sins and respite you to an appointed term. Verily, the term of Allah when it comes, cannot be delayed, if you but knew."
He said: "O my Lord! Verily, I have called my people night and day (secretly and openly to accept the doctrine of Islamic Monotheism), but all my calling added nothing but to their flight from the truth. Verily! Everytime I called unto them that You might forgive them, they thrust their fingers into their ears, covered themselves up with their garments, and persisted (in their refusal), and magnified themselves in pride. Then verily, I called to them openly (aloud); then verily, I proclaimed to them in public, and I have appealed to them in private, I said to them: 'Ask forgiveness from your Lord, Verily, He is Oft Forgiving; He will send rain to you in abundance, and give you increase in wealth and children, and bestow on you gardens and bestow on you rivers." What is the matter with you, that you fear not Allah (His Punishment), and you hope not for reward from Allah or you believe not in His Oneness. While He has created you in different stages. (TMQ 23:13-14)
See you not how Allah has created the seven heavens one above another, and has made the moon a light therein and made the sun a lamp? And Allah has brought you forth from the dust of earth. Afterwards He will return you into it (the earth), and bring you forth (again on the Day of Resurrection) Allah has made for you the earth wide spread (an expanse) that you may go about therein broad roads.
Noah said: "My Lord! They have disobeyed me, and followed one whose wealth and children give him no increase but only loss. They have plotted a mighty plot. They have said: 'you shall not leave your gods, nor shall you leave wadd, nor Suwa, nor Yaghuth, nor ya'uq nor Nasr (names of the idols). Indeed they have led many astray. O Allah! Grant no increase to the Zalimeen (polytheists, wrongdoers, and disbelievers etc) save error." Because of their sins they were drowned, then were made to enter the Fire and they found none to help them instead of Allah. (TMQ 71:1-25).
The Length of Noah's Preaching
Noah continued to call his people to believe in Allah for nine hundred fifty years. Allah the Almighty said: Indeed We sent Noah to his people and he stayed among them a thousand years less fifty years (inviting them to believe in the Oneness of Allah (Monotheism) and discard the false gods and other deities). (TMQ 29:14)
It happened that every passing generation admonished the succeeding one not to believe Noah and to wage war against him. The father used to teach his child about the matter that was between himself and Noah and counsel him to reject his call when he reached adulthood. Their natural disposition rejected believing and following the truth. Noah saw that the number of believers was not increasing, while that of the disbelievers was. He was sad for his people, but he never reached the point of despair.
Noah Prays for the Disbeliever's End
There came a day when Allah revealed to Noah that no others would believe. Allah inspired him not to grieve for them at which point Noah prayed that the disbelievers be destroyed. He said: "My Lord! Leave not one of the disbelievers on the earth. If you leave them, they will mislead Your slaves and they will beget none but wicked disbelievers." (TMQ 71:27)
Allah accepted Noah's prayer. The case was closed, and He passed His judgment on the disbelievers in the form of a flood. Allah the Exalted ordered His worshipper Noah to build an ark with His knowledge and instructions and with the help of angels. Almighty Allah commanded: "And construct the ship under Our Eyes and with Our Inspiration and address Me not on behalf of those who did wrong; they are surely to be drowned." (TMQ 11:37)
Noah Builds the Ark
Noah chose a place outside the city, far from the sea. HE collected wood and tools and began to day and night to build the ark. The people's mockery continued: "O Noah! Does carpentry appeal to you more than prophethood? Why are you building an ark so far from the sea? Are you going to drag it to the water or is the wind going to carry it for you?" Noah replied: "You will come to know who will be put to shame and suffer." Allah the Almighty narrated: "As he was constructing the ship, whenever the chiefs of his people passed by him, they made a mockery of him. He said : "If you mock at us, so do we mock at you likewise for your mocking. And you will know who it is on whom will come a torment that will cover him with disgrace and on whom will fall a lasting torment." (TMQ 11:38-39)
The Flood begins
The ship was constructed, and Noah sat waiting Allah's command. Allah revealed to him that when water miraculously gushed forth from the oven at Noah's house, that would be the sign of the start of the flood, and the sign for Noah to act. The terrible day arrived when the oven at Noah's house overflowed. Noah hurried to open the ark and summon the believers. He also took with him a pair, male and female, of every type of animal, bird and insect. Seeing him taking these creatures to the ark, the people laughed loudly: "Noah must have gone out of his head! What is he going to do with the animals?" Almighty Allah narrated: “So it was till then there came Our Command and the oven gushed forth (water like fountains from the earth). We said: "Embark therein, of each kind two (male and female), and your family, except him against whom the Word has already gone forth, and those who believe." And none believed him except a few. “ (TMQ 11:40)
The Number of Believers
Noah's wife was not a believer with him so she did not join him; neither did one of Noah's sons, who was secretly a disbeliever but had pretended faith in front of Noah. Likewise most of the people were disbelievers and did not go on board. The scholars hold different opinions on the number of those who were with Noah on the ship. Ibn Abbas stated that there were 80 believers while Ka ab al Ahbar held that there were 72 believers. Others claimed that there were 10 believers with Noah.
Main Topic: Usul al-Fiqh – Ijtihad 2 (Differences of Opinion)
Ijtihad 2: Reasons for differences of opinion among the Scholars (Mujtahideen)
The word Madhab means “school of Fiqh”. The following are some of the reasons for the existence of Madhahib (schools of Fiqh).
Differences in the legislative sources
A. Criteria in evaluating the Sunnah:
One Mujtahid may consider a certain Hadith authentic while others may not. This is due to their differences in the criteria for judging the authenticity of the Hadith.
Example: The Hadith narrated by Amr b. Shuaib which mentions: “A woman came to the Prophet* along with her child with two gold bracelets in her hand. He* said: Do you give the Zakat upon these?’ She said: No.’ He* said: Would you like that Allah makes them into bracelets of Fire?’”
Some scholars consider this to be an authentic Hadith, while others consider it a weak Hadith due to the weakness in the Isnad. The scholars who said that there is no Zakah on jewellery are Aisha bint Abu Bakr Imam Jabir, Ibn Umar, Imam Malik, Imam Ahmad and Imam Shafi’i. Furthermore, one Mujtahid may know of a Hadith while another may not. It is due to this reason that the Mujtahideen used to say to their students, if you find a Hadith after you leave me, and it contradicts what I have told you, throw away my understanding and follow the Hadith.
Example: It is not permitted for a woman while she is menstruating to perform Tawaaf (circling around the Ka’aba). Based on this, Umar used to forbid women from completing the Hajj even if the menstruating started after leaving Arafat, which is the most important part of the Hajj. When he was informed that the Prophet* used to allow women to continue performing Hajj under similar situations, Umar subsequently lifted the ban, and allowed the woman to complete her Hajj.
B. Differences in the Sahabah’s opinions as individuals
Some scholars accepted the opinion of one Sahabi as a legislative source, while others treated the Sahabah as Mujtahids whose individual opinions were not legally binding.
C. Differences in the practice of Qiyas
Some scholars practiced Qiyas (see previous Circle) while others practiced Istihsan (see previous Circle).
D. Differences in Ijma’ (Consensus of the Companions)
Some scholars used Ijma’ as-Sahabah only, while others used Ijma’ Ahlel Madinah (People of Madinah), Ijma’ Al-Mujtahideen, and various other types of Ijma’ as well as discussed earlier.
E. Differences in other Legislative Sources
Some Scholars used Maslahah Mursalah and other non definitive principles while others did not. This contributed to more differences among the scholars.
Differences in Interpreting the Text itself
A. Literalists
Some scholars took the literal understanding of the text, meaning that they took the text at its surface value, refusing to take deeper understandings. Some of these scholars were called Zahiris, or those who took only the apparent meanings of the texts. An example is the Prophet* listening to music with fingers in his ears and walking with his Sahabae.
B. Those who saw deeper meanings in the text
In addition to the apparent meaning, some Scholars took deeper and implicit meanings in the texts.
Differences in Methodology of Usul al-Fiqh
There were differences in interpreting the forms and types of commands. For example, in the Hadith regarding the beard, there is a difference of opinion among the Scholars regarding whether the Hadith indicates Fard, Mandub or Mubah commands. For example, Ibn Taymiyya and Ibn Hazm said it is Fard. Ibn Qudamah, Shawkani, an-Nawawi and Qadi Iyad said it is recommended. Qadi Abu Bakr Ibn al-Arabi and Imam Qurtubi’s opinion was that it is only permitted.
Differences in Understanding the Arabic Language
This may be due to a different understanding of the Arabic text where it offers more than one meaning. As an example, Allah (swt) says in the Qur’an, in translation: “The divorced woman should wait for a period of three Quru” (TMQ Al-Baqarah: 228) Quru’ linguistically could mean the beginning of the menstruation period, and it could also mean the beginning of the purity period. The difference between these three Quru’s from the beginning of menstruation and three Quru’s from the beginning of the purity period is about 7 to 15 days. Some scholars say Quru’ means the purity period because of a Hadith in which the Prophet* instructed a woman to wait for the purity period. Other Scholars say that this Hadith is not authentic considered the Qur’an to mean the beginning of menstruation.
Besides all of this, one has to remember that the level of understanding of the text and the depth of thinking varies from one individual to another. These differences are a natural aspect of Allah’s creation and a mercy from Him (swt). It is for these reasons that we have different scholars forming different Schools of Fiqh. Some of these scholars had students who wrote their understanding of the text and these writings were considered as their Madhahib. These include Abu Hanifah, Malik, Shafi’i, Ibn Hanbal, Jafar, and Zayd. Other scholars did not have the opportunity of having students write their understanding of the text, and these include Al-Awza'i, al-Hasan al-Basri, Sufyan al-Thawri, Ibn Jarir al-Tabari, Laith and others.
These examples illustrate that there have always been differences of opinion. The Sahabah, Tabi’een and Tab’e Tabi’een bear witness to this fact. The Mujtahidun Mutlaq differed in their methodology, which led to the birth of different schools of Fiqh. Although the Mujtahideen were most convinced by the Ijtihad they performed, they nevertheless recognised the possibility that they could be wrong. Accordingly, the Mujtahideen have stated that whatever is correct in their work is from Allah (swt) and the errors are from themselves.
However, just because a Mujtahid is wrong, it does not mean that he should be barred from exercising Ijtihad. On the contrary, the Messenger of Allah* said, Amr b. al-Aas and Abu Hurayrah narrated that the Messenger* said: “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.” (Bukhari & Muslim)
There is also a severe punishment for those who do Ijtihad without being qualified to do so, even if they are right. Allah (swt) says: “pursue not that about which you have no knowledge; for surely the hearing, the sight, the heart, all of those will be called to account (on the Day of Judgment)” (TMQ al-Isra: 36)
One should not consider another opinion as being un-Islamic simply because it is different from the opinion that he has adopted. Instead, respect must be given to other opinion on the one condition that they are based on Islamic evidences. There is no need to respect opinions, which are not based upon a Daleel because there is no place in Islam for these opinions.
Therefore, it is necessary for every scholar to produce his Daleel in support of an opinion. This is to instil confidence in Muslims that his opinion is Islamic. Opinions given without evidence are baseless and should be rejected. This view towards other Islamic opinions will ensure the correct Islamic attitude. However, this measure alone will not provide the total answer to the problems we face today, especially to the problems of unifying Muslims on certain key issues. There will be many different opinions as to what the Hukm Shar’i is. In many instances this will not be a problem. However, one can imagine where it is necessary for the Ummah to be united under one opinion; e.g. sighting the moon for the beginning of Ramadhan, electing the Khaleefah, etc.
Ijma’ as-Sahabah has established that the Khaleefah has the authority to adopt certain rules and to enact them. The Shar’i principles state: “The Imam’s decree settles the disagreement” and “The Imam’s decree is executed openly and privately.”
All Muslims including the Mujtahideen have to follow the opinion adopted by the Khaleefah, but they can maintain their opinion and teach it, while their obedience should be to the opinion that the Khaleefah adopts. An example of this is the adoption of an opinion in the distribution of funds by Abu Bakr and Umar. When Abu Bakr was the Khaleefah, he paid equal grants to all of the Sahabah. He did not distinguish between the early Muslims and the new Muslims. When the Islamic State started receiving larger funds through the liberation of various lands, Abu Bakr continues to distribute the wealth equally. Umar and some of the Sahabah insisted that the earliest Muslims should be given preference over the later converts. Abu Bakr told him that he was aware of the differences that Umar had mentioned; however, his opinion was that distributing the funds equally was better in the sight of Allah (swt) than the principle of preference. When Umar became Khaleefah, he replaced Abu Bakr’s adoption of equality with his principle of preference. Umar did not like to pay the same amount to those who fought against the Prophet* and those who fought with him. Accordingly, he gave a larger amount to the early Sahabah who fought in Badr and Uhud and the relatives of the Prophet*. Thus, when Abu Bakr was the Khaleefah, Umar left his understanding and enacted the decree of Abu Bakr, as did the judges, governors, and all Muslims. However, when Umar became the Khaleefah, he obliged the enactment of his opinion and the others implemented it.
Different opinions should not be viewed as a weakness or a source of disunity. As we have seen, Muslims have had varying opinions in many issues since the time of the Messenger of Allah*, as is mentioned in the Hadith of Banu Quraydhah. As long as the opinion is based on Islamic evidence, and this opinion does not contradict an assured law, it should be respected as an Islamic opinion.
Finally, the way to achieve Islamic unity is not by suppressing different opinions and calling for the abandonment of Madhahib. Rather, it is achieved by Muslims living under the ideological leadership of Islam where the Khilafah makes the decision of which opinion to adopt in key issues.
Why do differences exist?
Difference in opinion exists because the Shari'ah rule, which represents the address of the Legislator related to the actions of the servants, have come in the Qur'an and the Hadith, and many of these carry several meanings according to the Arabic language and according to Shari'ah. Hence, it is natural and inevitable for people to differ in their understanding and for this difference in understanding to reach the level of disparity and contradiction in the intended meaning. Thus, it is inevitable for different and contradictory understandings to be reached. These could be a host of different and contradictory understandings in the one matter.
Bukhari extracted on the authority of Nafi', on that of Ibn Umar who said: "The Messenger of Allah *said on the day of Al-Ahzab (the battle of the Ditch): "None of you should pray Asr except in Bani Quraytha." The time of Asr entered while some were still on the way; so some said: "We should not pray until we reach Bani Quraytha." Others said: "No, we should pray because the instruction does not mean this." This was mentioned to the Messenger of Allah *and he did not rebuke any of them." When the Messenger of Allah *said: "None of you should pray Asr except in Bani Quraytha.", some understood that he was urging haste and they prayed in the way, while others understood that he *had literally ordered them to pray Asr in Bani Quraytha, thus they delayed Asr until they reached their destination. When the Messenger of Allah *heard of this, he approved of both camps' actions.
There are many verses and Ahadith similar to this. The difference of opinion in the one matter makes it incumbent upon the Muslims to adopt one opinion from among these various opinions, for all of them are Shari'ah rules, and the rule of Allah in the one single matter does not multiply. Therefore, it is imperative to determine one single rule and adopt it. Hence, the Muslim's adoption of one specific Shari'ah rule is necessary and inevitable when he undertakes the action, for the undertaking of the action obligates the Muslim to accomplish it according to the Shari'ah rule, whether this were a Fardh (obligatory), or Mandub (recommended), or Haram (forbidden), or Makruh (despised), or Mubah (permitted), and this makes it incumbent upon the Muslims to adopt a specific Shari'ah rule when taking the rules to act upon them, whether he were a Mujtahid or a Muqallid or otherwise.
Where adoption is necessary to settle the difference of opinion
The Khalifah (or Amir) adopts a host of specific Shari'ah rules, which he will enact as a constitution and as laws. If he adopts a Shari'ah rule, this rule alone becomes the Shari'ah rule that must be acted upon and it becomes a binding law that every citizen must obey openly and privately.
The evidence of this article is derived from the Ijma'a (General Consensus) of the Sahaba. The Ijma'a of the Sahaba has been established in stipulating that the Khalifah reserves the right to adopt specific Shari'ah rules. It has also been established that it is obligatory to act upon the rules adopted by the Khalifah. A Muslim is forbidden from acting upon other than what the Khalifah has adopted in terms of Shari'ah rules even if these rules were Shari'ah rules adopted by a Mujtahid. This is so because the rule of Allah that becomes duly binding upon all the Muslims is that which the Khalifah adopts. The rightly guided Khulafa' proceeded in this manner. They adopted a host of specific rules and ordered their implementation; thus, the Muslims, with the Sahaba amongst them, used to act upon these rules and abandon their own Ijtihad. For instance, Abu Bakr adopted in the matter of divorce a rule stipulating that the triple divorce would be considered as one divorce if it were pronounced in one go. He also adopted in the matter of distributing the wealth upon the Muslims a rule stipulating that wealth should be distributed equally amongst the Muslims, regardless of seniority in Islam or anything else. The Muslims followed him in this while the judges and the Walis implemented the rules which he had adopted.
Whose Responsibility?
The scholar (Mujtahid) exerts his sincere effort in what he thinks is the best way to please Allah on any given issue. If done sincerely, this forma a valid opinion if the scholar has an open mind when referring the question to the Qur’an, Sunnah and then Ijma & Qiyas for the most correct answer. If a scholar already has an opinion that he wants to justify from Islam – that is wrong and may not be accepted by Allah. The two parties of Banu Quraizah genuinely thought their opinion was the most pleasing to Allah and there is no blame in that even if one was wrong (or wider of the mark).
However, today people want to do things and go shopping for a fatwa (religious ruling) to allow them or give them justification to do certain things and would prefer to blame the scholar. These scholars will take some blame , but the individual will also take their own blame if they follow their desires in choosing the easiest or most convenient opinion (rather than the strongest opinion). Don’t play with legal opinions as these will be judged on the Day of Judgement for or against you – as individuals carry out their own actions! Are you sure, to the best of your ability, that what you are doing is the best way to please Allah on any given issue?
Homework
Prophets ~ How did the boat / ark survive
Main Topic ~ Bring your questions about Usul al-Fiqh
5 May, 2013
Guest speaker is Faraz Yousafzai (http://www.facebook.com/faraz.yousufzai) from the Sufi inspired acoustic folk rock band Silk Road (http://www.facebook.com/SILKROADMUSIC) talked about 'Islam, Arts & Music' plus a personal experience of Umrah.
Faraz and his Umrah Experiences
Faraz started by discussing his experience of Umrah recently and how he had been personally affected by the great event in his life, and he encouraged all listeners to seriously prioritise Hajj / Umrah for their own personal development. The impact of the true sense of Brotherhood was stark to all visitors.
Poetry and Artists
Arts and poetry are central to the tradition of Islam and the spread of Islam. Poetry has always been respected amongst Muslims and the Qur'an is part poetry - but of the Sublime variety! An example of great poetry was the poem Qasida Burdah (The Cloak). This "Poem of the Mantle" is an ode of praise for the Prophet* composed by the eminent Sufi, Imam al-Busiri (Muḥammad b. Saʿīd b. Ḥammād b. Muḥsin b. Abū Surūr b. Ḥibbān b. ʿAbdullah b. Mallak al-Sanhajī) of Egypt. The poem, whose actual title is al-Kawākib ad-Durrīya fī Madḥ Khayr al-Barīya ("Celestial Lights in Praise of the Best of Creation"), is famous mainly in the Muslim world. It is entirely in praise of the Prophet*, who is said to have cured the poet of paralysis by appearing to him in a dream and wrapping him in a mantle or scarf.
Other poets and the effect of their poetry was discussed (Rumi, Wordsworth) but the underlying theme is one where the poet shares their stories with the audience through memorable verse.
Music and Poetry
Poetry was then put to music from early on in Islam and the Muslims invented the musical scales that we still use. The rise of popular western music was traced through the Slave Trade that took many Muslim Africans to the Americas, and with it their music and rhythm which is grounded in Muslim tradition. The basic themes and chords of modern popular Western music can be traced back through to the Blues which, arguably, takes it's inspiration from the Muslim African tradition: a journey mapped and used by many prominent musicians such as Miles Davis. Also, Faraz talked about a decline in the moral value of Western (american) music with an exodus of Muslim musicians and producers.
Other points were the study of modern music theory with the development of Spanish music tradition which is grounded in Muslim Artistic tradition - and the cross fertilisation of Moorish music with Eastern (Persian and Indian) music tradition and devotional music.
The permissibility of Music was explored as there is a valid Islamic opinion that playing and listening to music is Haram, but that the majority opinion in classical Islam is for the permissibility of music within certain limits that include the lyrics being allowed only of they do not contradict Islam. This topic is contentious and people should respect others' views on this.
Faraz then explored some lyrics, chords and chord sequences and the power of poetry and song - such as those expounded by artists like Outlandish (from Denmark) and Jackson Brown ('Lives in the Balance') and the musical tutelage of Dawud Wharnsby as an inspiration to a generation.
Father and Son by Cat Stevens (Yusuf Islam) was performed.
Summary
The world needs artists and the Muslim Community (Ummah) needs good artists and story tellers. Finally, to be good at music or any other task people need dedication and lots of practice.
Guest speaker is Faraz Yousafzai (http://www.facebook.com/faraz.yousufzai) from the Sufi inspired acoustic folk rock band Silk Road (http://www.facebook.com/SILKROADMUSIC) talked about 'Islam, Arts & Music' plus a personal experience of Umrah.
Faraz and his Umrah Experiences
Faraz started by discussing his experience of Umrah recently and how he had been personally affected by the great event in his life, and he encouraged all listeners to seriously prioritise Hajj / Umrah for their own personal development. The impact of the true sense of Brotherhood was stark to all visitors.
- Faraz also talked about the Mecca Clock Tower casting a shadow over the beauty of Mecca and the Kaaba. Some people see this as one of the signs of the Last Hour (Sahr).
Poetry and Artists
Arts and poetry are central to the tradition of Islam and the spread of Islam. Poetry has always been respected amongst Muslims and the Qur'an is part poetry - but of the Sublime variety! An example of great poetry was the poem Qasida Burdah (The Cloak). This "Poem of the Mantle" is an ode of praise for the Prophet* composed by the eminent Sufi, Imam al-Busiri (Muḥammad b. Saʿīd b. Ḥammād b. Muḥsin b. Abū Surūr b. Ḥibbān b. ʿAbdullah b. Mallak al-Sanhajī) of Egypt. The poem, whose actual title is al-Kawākib ad-Durrīya fī Madḥ Khayr al-Barīya ("Celestial Lights in Praise of the Best of Creation"), is famous mainly in the Muslim world. It is entirely in praise of the Prophet*, who is said to have cured the poet of paralysis by appearing to him in a dream and wrapping him in a mantle or scarf.
Other poets and the effect of their poetry was discussed (Rumi, Wordsworth) but the underlying theme is one where the poet shares their stories with the audience through memorable verse.
Music and Poetry
Poetry was then put to music from early on in Islam and the Muslims invented the musical scales that we still use. The rise of popular western music was traced through the Slave Trade that took many Muslim Africans to the Americas, and with it their music and rhythm which is grounded in Muslim tradition. The basic themes and chords of modern popular Western music can be traced back through to the Blues which, arguably, takes it's inspiration from the Muslim African tradition: a journey mapped and used by many prominent musicians such as Miles Davis. Also, Faraz talked about a decline in the moral value of Western (american) music with an exodus of Muslim musicians and producers.
Other points were the study of modern music theory with the development of Spanish music tradition which is grounded in Muslim Artistic tradition - and the cross fertilisation of Moorish music with Eastern (Persian and Indian) music tradition and devotional music.
The permissibility of Music was explored as there is a valid Islamic opinion that playing and listening to music is Haram, but that the majority opinion in classical Islam is for the permissibility of music within certain limits that include the lyrics being allowed only of they do not contradict Islam. This topic is contentious and people should respect others' views on this.
Faraz then explored some lyrics, chords and chord sequences and the power of poetry and song - such as those expounded by artists like Outlandish (from Denmark) and Jackson Brown ('Lives in the Balance') and the musical tutelage of Dawud Wharnsby as an inspiration to a generation.
Father and Son by Cat Stevens (Yusuf Islam) was performed.
Summary
The world needs artists and the Muslim Community (Ummah) needs good artists and story tellers. Finally, to be good at music or any other task people need dedication and lots of practice.
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