14 September 2014 Musa and Pharaoh, Current Politics and Islam
Musa* and Pharaoh
Musa* has 2 objectives from Allah:
- Talk to Pharaoh and convince him about Islam
- Ask Pharaoh to free Bani Israel as he has been oppressive
Musa converys the message
Musa* had easy access to see Pharaoh through their knowledge of the palace and local contacts. He came to challenge their way of life – their gods and beliefs. Pharaoh and Musa* have extensive conversations (with Musa* speaking mildly but being firm):
Pharaoh said, "Who then is your Lord, Moses?"
He said, "Our Lord is He Who gives each thing its created form and then guides it."
He (Pharaoh) said, "What about the previous generations?"
He said, "Knowledge of them is with my Lord in a Book. My Lord does not misplace nor does He forget."
It is He Who made the earth a cradle for you and threaded pathways for you through it and sent down water from the sky by which We have brought forth various different types of plants. Eat and pasture your cattle. Certainly there are Signs in that for men of understanding. From it We created you, to it We will return you, and from it We will bring you forth a second time. (TMQ 20: 49-55)
Pharaoh accuses Musa* of overthrow
Pharaoh accused Musa* of trying to overthrow his godhood, and trying to take over Egypt for himself. Why did Musa* hate their way of life? Despite being brought up in Pharaoh’s palace and with all the luxuries of modern civilisation why would Musa* now turn his back on Pharaoh and be so ungrateful?
They said, "Have you come to us to turn us from what we found our fathers doing, and to gain greatness in the land? We do not believe you." (TMQ 10: 78)
Moses said, "Pharaoh! I am truly a Messenger from the Lord of all the worlds, duty bound to say nothing about Allah except the truth. I have come to you with a Clear Sign from your Lord. So send the tribe of Israel away with me." (TMQ 7: 104-105)
He (Pharaoh) said, "Did we not bring you up among us as a child and did you not spend many years of your life among us? Yet you committed the deed you did and were ungrateful."
He (Moses) said, "At the time I did it I was one of the misguided and so I fled from you when I was in fear of you but my Lord gave me right judgement and made me one of the Messengers."
And anyway you can only reproach me with this favour because you made the tribe of Israel into slaves! (TMQ 26: 18-22)
The only reason Musa* was brought up in the palace was because Pharaoh was killing children, and that forced the mother of Musa* to throw him in the river and then he ended up there. No killing = Musa* would be brought up with his family! Pharaoh then changed tack and started attacking / insulting Musa*:
Pharaoh said, "What is the Lord of all the worlds?'
He (Moses) said, 'The Lord of the heavens and the earth and everything between them if you knew for sure."
He (Pharaoh) said to those around him, "Are you listening?"
He (Moses) said, "Your Lord and the Lord of your forefathers, the previous peoples."
He (Pharaoh) said, "This Messenger, who has been sent to you, is mad."
He (Moses) said, "The Lord of the East and the West and everything between them if you used your intellect."
He (Pharaoh) said, "If you take any god other than me, I will certainly throw you into prison." (TMQ 26: 23-29)
Musa* shows his miracle
This tactic of undermining Musa* and discrediting him was something that also happened to our Prophet Muhammed, and happens to sincere Muslims today too! Musa* was not distracted by these insults and he stuck to his message.
He (Moses) said, "Even if I were to bring you something undeniable?"
He (Pharaoh) said, "Produce it then if you are someone telling the truth."
So he threw down his staff and there it was, unmistakably a serpent. And he drew out his hand and there it was, pure white to those who looked. (TMQ 26: 30-33)
He (Pharaoh) said to the High Council round about him, "This certainly is a skilled magician who desires by his magic to expel you from your land, so what do you recommend?" (TMQ 26: 34-35)
But when Moses brought them Our Clear Signs they said, "This is nothing but trumped-up magic. We never heard anything like this among our earlier forefathers." (TMQ 28: 36)
Pharaoh and his inner circle (the elite also known as MALLA) clearly preferred taking the route of denial and evil rather than choosing to be rightly guided. Despite these miracles, they decided to defy the Prophet Musa*. Pharaoh grasped the challenge to his authority and consulted with his elite on how to defeat Musa*.
They said, "Detain him and his brother and send out marshals to the cities, to bring you all the skilled magicians." (TMQ 7: 111-112)
Main Topic: Brief Recent Political Stories
Pakistan
Quasi-revolution and some people calling for a change of leadership in Pakistan (‘Go Nawaz Go!) because of corruption, nepotism, failed leadership and election fraud. Can Imran Khan (or even Tahir al-Qadri) make any serious change to the political landscape as they are only calling for more of the same but done differently. It is unlikely that any change will be meaningful if it happens.
Gaza
The Israeli war (massacre) of the Muslims of Gaza. Although the pretext was the unfortunate death of the 3 Israeli teenagers (putting aside the fact that the Israeli government knew it wasn’t Hamas and that the kids had died straight way but kept the information secret to whip up hysteria) the real reasons predate this – especially with the Unity Agreement between HAMAS and FATAH (Palestinian Authority), and issues around gas, pipelines, water and land access.
Very unilateral / one-sided attack – disproportionate and essentially a massacre. Now, thankfully an open-ended ceasefire.
However, the medieval boycott / siege still exists!
How do we solve the problem?
- we can have HUMANITARIAN support (more charity work). This necessary work (more blankets and food) will not solve the problems for the people in Gaza
- POLITICAL discussion to address Israel, one-state or two-state, or UN discussions. Or try to dismantle Israel or make the government more fair.
- but we don’t often hear about the ISLAMIC solution. Islam is quite clear that this is Islamic land and belongs to the Muslims and we should increase our efforts to bring Islam back to this land and we should empower the Muslim armies to support the oppressed people in Gaza.
ISIS
A lot of controversy about the new off-shoot of al-Qaeda called ‘Islamic State of Iraq and Syria’.
We should be careful with the news that we know of until we are able to verify the news and not always be taken in by any propaganda from any side.
The action of beheading journalists and aid workers cannot be justified by Islam – this is against the Shariah and we should condemn this. However, there is a context to the instability in Iraq/Syria. Just as Musa* contextualised his upbringing in Pharaoh’s court as a problem caused by Pharaoh, so the issues we are seeing in Iraq/Syria are a direct result of Western policy and interference in Muslim lands. This goes back through 9/11, the Iraq sanctions, the First Gulf War, the rise of Ba’athism and the injustices of Saddam and the Assad family.
A quick discussion about the belief system of the Yazidis who venerate Iblis. Whatever their beliefs, there is no justification to persecute or kill them as we are told ISIS want to do.
ISIS are not a proper Islamic State and the ISIS militia do not fulfill the criteria for a functioning state or a Khilafah. An Islamic State should be a place of sanctuary and justice – not what we are seeing in Iraq/Syria. We should criticise them when they do wrong (like the beheadings) and we should criticise the bombing of Muslims by the West as a supposed reaction to this wrong action. As Muslims in the West we do not need to apologise for the bad actions of bad Muslims, any more than the West apologises for the bad actions of the bad Christians from Hitler through to Anders Breivik (who killed 69 people, mostly teenagers, in a mass shooting in Norway 2011).
Peace
Showing posts with label Dawa. Show all posts
Showing posts with label Dawa. Show all posts
Sunday, 14 September 2014
Friday, 29 August 2014
27 July 2014: Musa* starts his Mission and Moonsighting
27 July 2014
Salaam all
** Just a reminder that the next Harborne Islamic Study Circle (HISC) will be on the first Sunday in September. **
Hoping you all had a great remaining summer.
Many thanks to all those who have attended the Study Circle regularly or sporadically over the years and hoping that we continue to teach aspects of Islam effectively for many coming years, InshaAllah..
My sincere hope is that you have received some benefit from the Study Circles (Halaqa) and please remember me in your du'as.
Jzk
Naveed
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Lives of the Prophets: Musa* starts his Mission.
Allah reminds Musa* about the favours He has done for Musa just prior to sending Musa* on his mission. Allah mentions in Surah Ta-Ha: We were gracious to you another time when We revealed to your mother: "Place him into the chest and throw it into the sea and the sea will wash it up on the shore, where an enemy of Mine and his will pick it up." I showered you with love from Me so that you would be brought up under My supervision. When your sister went and said, "Shall I direct you to someone who will take care of him?" that was how We returned you to your mother so that she might delight her eyes and not be grieved. You killed a man and We rescued you from trouble and tested you with many trials. You stayed some years among the people of Midian. Then you arrived at the pre-ordained time, Moses! I have chosen you for Myself. (TMQ 20:37-41)
Musa* has 2 objectives from Allah:
- Talk to Pharaoh and convince him about Islam
- Ask Pharaoh to free Bani Israel as he has been oppressive
How to do Dawah: Advice from Allah
Musa* then travels home to Egypt and meets his family / tribe. No doubt he explains his mission and gives hope to his people and congratulates his brother Harun on becoming a Prophet! It is likely that the people start to talk about Musa and hope returns to Bani Israel – and Pharaohs’ spies will probably hear of the rumour too!
Prior to their visit to Pharaoh, Allah warned Musa* and the Prophet Harun (Aaron) and reminded them to always remember Him, and to never slacken in remembering Him: "Go, you and your brother, with My Signs and do not slacken in remembering Me." (TMQ 20: 42)
Allah commanded Musa* and Harun* to go to Pharaoh, the ruler of Egypt. Allah explained to them that Pharaoh was arrogant and contentious, but nevertheless, He commanded them to adopt a gentle manner in communicating His message to him: "Go to Pharaoh; he has overstepped the bounds. But speak to him with gentle words so that hopefully he will pay heed or show some fear." (TMQ 20: 43-44 )
Hence it is important to talk gently and softly when communicating the religion, even when the one he is conversing with is arrogant. However, this style of talking gently does not mean avoiding difficult issues like punishment, hellfire (or modern issues like dress, mortgages). This was part of the test for Musa* and his brother – although Allah knows the outcome of the Dawah!
Musa* is worried that Pharaoh will persecute him – especially as he is a wanted man in Egypt and had to flee in a hurry: They said, "Our Lord, we are afraid that he might persecute us or overstep the bounds." (TMQ 20: 45)
He (Moses) said, "My Lord, I killed one of them and I am afraid they will kill me." (TMQ 28: 33)
Go to him and say, "We are your Lord's Messengers so send the tribe of Israel away with us and do not punish them. We have brought you a Sign from your Lord. Peace be upon those who follow the guidance." (TMQ 20: 47)
He (Allah) said, "Have no fear. I will be with you, All-Hearing and All-Seeing." (TMQ 20: 46)
Going before the indisputable ruler of the land, to whom the whole nation submitted like a deity (Allah is beyond that), was certainly seemingly a very hazardous task according to the conditions of the time. Even more dangerous was telling Pharaoh explicitly that he was on the wrong path, and then to ask him to give freedom to an enslaved nation, that is, to the Children of Israel. Nevertheless, aware that they were under the total protection of Allah, Musa* and Harun went to Pharaoh.
Meeting with Pharaoh
It’s not easy for anybody to go see the Pharaoh because of all the security – but Musa is familiar with the ways of the Palace and probably knows people. Also, it is possible that Pharaoh was expecting him as rumours will be circulating in his Kingdom…
Then after them We sent Moses and Harun with Our Signs to Pharaoh and his ruling circle, but they were arrogant and were a people of evildoers. (TMQ 10: 75)
There was dialogue between Pharaoh and Musa* (see below) but Musa* was accused of being mad, a magician and a liar; in addition he was mocked by the Pharaoh – all responses that our Prophet* also faced.
Pharaoh said, "Who then is your Lord, Moses?"
He said, "Our Lord is He Who gives each thing its created form and then guides it."
He (Pharaoh) said, "What about the previous generations?"
He said, "Knowledge of them is with my Lord in a Book. My Lord does not misplace nor does He forget."
It is He Who made the earth a cradle for you and threaded pathways for you through it and sent down water from the sky by which We have brought forth various different types of plants. Eat and pasture your cattle. Certainly there are Signs in that for men of understanding. From it We created you, to it We will return you, and from it We will bring you forth a second time. (TMQ 20: 49-55)
Rather than evaluating this message with a sound mind and clear conscience, Pharaoh and his inner circle assessed it based on their accustomed way of thinking, founded on the deviant religion of their ancestors. According to their superstitious beliefs, Pharaoh was a deity (Allah is beyond that), far from admitting the idea of the existence of Allah:But when Moses brought them Our Clear Signs they said, "This is nothing but trumped-up magic. We never heard anything like this among our earlier forefathers." (TMQ 28: 36)
More about these conversations in the coming Study Circles, InshaAllah.
Main Topic: Islamic Opinion on Moonsighting
Although moon-sighting is a controversial topic, it is one we need to periodically revisit.
This is not having a go at anybody or group but to clarify the position as many people will be sinning if missing out on a day of fasting or fasting during Eid. There is individual responsibility and just blaming the local imam or mosque is not a sufficient excuse as everyone bears their own responsibility for doing the right thing.
Many of the excuses try to look for loopholes in Islam when justifying what they WANT to do rather than following the strongest legal opinion. Most other excuses no do even classify as legal opinions (ijtehad) and so are not allowed to be followed. We talked about this when we studied Usul al-Fiqh!
Some people will not like what is written but we need to discuss these Fiqh topics on the basis of Qur'an and Sunnah (evidence - 'daleel') and not emotion.
Jzk
Naveed
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All Muslims are obliged to start Ramadhan or celebrate Eid on the same day…No matter where the moon is sighted
If a Muslim country announces that the sighting of a new moon has been confirmed according to the lawful way - for the beginning of Ramadhan or for the day of Eid – then you have to fast or celebrate It is forbidden to wait for a ruler or scholar in your part of the world to give you permission to fast or celebrate.
WHY?
Because this is what Allah* and the Prophet* ordered. To prove this is the case we have to look at…
* The Quran
* The Sunnah
What we can’t look at to prove things are Islamic are …
* Our emotions
* What people think
* What most people are doing
* What is normal is our community
* What the tradition is.
Remember what Ibn Masud said: "The jama'a is truth [haq] even if it is one person".
The Qur’an says…"Whoever witnesses the crescent of the month, he must fast the month." [2:185], and "They ask you about the crescents. Say: They are but signs to mark fixed periods of time in the affairs of men and for pilgrimage." [2:189]
The Prophet* said:
The Prophet* mentioned Ramadhan and with a gesture of his hands said: "The month is thus and thus. (He then withdrew His thumb at the third time indicating 29)." He then said: "Fast when you see it, and break your fast when you see it. And if the weather is cloudy do calculate it (the months of Shaban and Shawwal) as thirty days." [Muslim]
He also said; "Do not fast till you see the new moon, and do not break fast till you see it; but if the weather is cloudy complete it (thirty days)." [Bukhari]
"The month consists of 29 nights, so do not fast till you have sighted it (the new moon), and if the weather were cloudy, then complete it as thirty days." [Bukhari]
"The month of Ramadhan may consist of twenty-nine days. So do not fast until you have sighted it (the new moon) and do not break fast, until you have sighted it (the new moon of Shawwal), and if the sky is cloudy for you, then complete it (thirty days)." [Muslim]
"The month of Ramadhan may consist of twenty-nine days; so when you see the new moon observe fast and when you see (the new moon again of Shawwal) then break it. And if the sky is cloudy for you, then calculate it (and complete thirty days)." [Muslim]
These narrations are very clear. The Qur’an and the Prophet* order us to fast when the sighting of the new moon of Ramadhan is confirmed, and order us to break the fast and celebrate Eid when the sighting of the new moon of Shawwal is confirmed.
We have to follow these orders of the Quran and the Prophet*. We would be sinful if we didn’t. Just like we would be sinful if we didn’t listen to the Quran and Prophet* for another order like praying salah.
The command to fast is general so it applies to everyone – no matter where they live
When the Qur’an and Prophet* order us to fast or celebrate Eid – they are ordering every Muslim – everywhere in the world. In the hadith, the Prophet* commands us to fast using the word ‘sumu’- ‘do fast’. This word is in the plural form which means the command is general and comprehensive. This means that it applies to all Muslims, no matter where they live.
"Do fast [sumuw] when it is sighted and break fast when it is sighted." In the hadith, the Prophet* commands us to fast using the word ‘ruyateh’ – ‘sighting’. This word is general. This means that Muslims have to fast after any legitimate sighting of the moon regardless of where the moon was sighted. "Do fast when it is sighted [ru’yateh] and break fast when it is sighted."
Even the Prophet* used to begin fasting when he had not personally seen the moon, but a Muslim had told him that he had seen it. Ibn Umar (r) reported, "During the time of the Prophet*, the companions went looking for the new crescent. So I told the Prophet* that I saw it. So he fasted and told the companions to fast." [Abu Dawud and Hakim]
So if the moon was sighted in Morocco do Muslims in Indonesia fast? YES
During the life of the Prophet* the Muslims used to start the fast on the same day and break it on the same day, despite the fact that they lived in different areas. This is another Islamic evidence that the sighting of the new moon in one area obliges all the Muslims to fast together on the same day and celebrate Eid on the same day.
Here’s what some scholars said about every Muslim fasting
Ibn Taymiyyah: “…a person who learns about the sighting of the moon in good time to be able to utilise it for fasting, for ending his fast, or for sacrifice, he must definitely do so. The texts [of Islam] and the reports about the Salaf point to this. To limit this to a certain distance or country would contradict both the reason and the Islamic law.”
The famous Hanafi scholar Imam Sarkhasi (died 483 A.H.) quotes the narration from Abu Dawud (2333, 2334) that; The Muslims did not begin fasting since they did not see the moon. Then a man, from out of Madinah, came and told the Prophet* that he had seen it (the moon). The Prophet* asked him if he was a Muslim to which the man answered ‘yes’. The Prophet* then said: "Allahu-Akbar! one is enough for all Muslims" The Prophet* fasted and asked the people to stop eating and start fasting
What If The News Reaches Us Too Late To Fast On The Same Morning?
This has also been answered in the ahadith. It is also reported in an authentic hadith: Abu ‘Umayr ibn Anas reported from his paternal uncles among the Ansaar who said: "It was cloudy and we could not see the new moon of Shawwaal, so we started the day fasting, then a caravan came at the end of the day and told the Messenger* that they had seen the new moon of Shawwaal the day before, so he told the people to stop fasting, and they went out to pray the Eid prayer the next day."
Deobandi Scholars
The co-founder of Dar al-Uloom Deoband, Maulana Rasheed Ahmad Gangohi said: "If the people of Calcutta sighted the moon in Friday, whereas it was sighted in Makkah on Thursday, but the people of Calcutta did not know of it (the sighting on Thursday); then whenever they come to know of this, it will be obligatory for them to celebrate eid with the people of Makkah and make up (Qada') for the first fasting
Bareylvi Opinion
The founder of the Barylevi movement, Maulana Ahmad Raza Khan, said: "In the correct and authentic mazhab of our Imams, with regard to the sighting of moon for Ramdhan and Eid, distance of the place of sighting is of no consideration. The sighting of the east is binding upon west and vice versa i.e. the sighting of west is similarly binding on east."
Is the idea for all Muslims to fast on one day something new?
No. Imam Kasanee said in his book Bada as-Sana'i said that following other than one sighting for the whole Ummah is an innovation [bid’a]. This indicates how weak he felt that the other Ijtihad is.
Imam Juzairi in his book The Fiqh of the Four Schools of Thought [Vol 1] gives two views of the Hanafis about this:
1) The sighting of the moon by any Muslim should be accepted whether slave, free, man or woman without inquiring whether they are just or not,
2) The justness [of the witness] should be verified by a judge [Qadi].
This all sounds simple – so what reasons do people use for not fasting on one day?
The answer: It’s right to say that prayer times differ in each area, because they are based on the times the sun sets and rises – this happens at different times in each region.
So the times we Start fasting and Break fasting is different for each region. Because Allah* says: "And eat and drink until the white thread of dawn appears to you distinct from its black thread; then complete your fast until the night appears" [2:187] But the day we Start Ramadhan and Celebrate Eid must be the same all over the world. Because this is what the narrations have clearly indicated; and this is what is confirmed by the understanding deduced from the Shari'ah rule.
Kurayb said: "I arrived in Al-Sham and did business for her. It was there in Al-Sham that the month of Ramadhan began. I saw the new moon of Ramadhan on Friday. “I then came back to Madina at the end of the month. Abdullah Ibnu Abbas asked me about the new moon of Ramadhan and said: "When did you see it?" I said: "We saw it on the night of Friday," He said: "Did you see it yourself?" I said: "Yes, and the people also saw it and observed the fast and Mu'awiya also observed the fast; He said: "But we saw it on Saturday night. Some would continue to observe fast till we complete thirty (fasts) or we see it (the new moon of Shawwal)." I said: "Is the sighting of the moon by Mu'awiya not valid for you?" He said: "No, this is how the Messenger of Allah* has commanded us."
THIS IS THE CLAIM…That Ibnu Abbas ignored the sighting of the people of Al-Sham and so at the end of the narration said: ‘…this is how the Messenger* has commanded us.’ Some people say that Ibnu Abbas learnt from the Messenger* that the people of one region are not obliged to fast on the sighting of another region. It’s also said that this hadith explains and specifies the hadith : “ Fast when you see it and break fast when you see it.”
Some therefore claim that the people of each region are commanded to act on the sighting of the new moon in their region only and not in other regions. Therefore the beginning of fast and the beginning of Eid vary from one region to another, according to the times of rising of the moon.
THE ANSWER —
1. This report is not a hadith of the Messenger* but the legal opinion [ijtihad] of a companion.
2. The fact that Ibnu Abbas did not act upon the sighting of the people of Al-Sham reflects his legal opinion [ijtihad] and it cannot be used as a Shari'ah evidence.
3. The reason for this is that when we have a hadith saying one thing and a legal opinin [ijtihad] saying something else – the hadith must be acted on and the legal opinion [ijtihad] has to be left.
4. The ijtihad of the sahabi cannot specify the general term of the hadith.
5. So when Ibnu Abbas said: "This is how the Messenger of Allah* commanded us", this is not a hadith. It is just the way Ibnu Abbas understood the hadith of the Prophet* in which the Messenger* said: "Fast when you see it and break fast when you see it."
This indicates that Ibnu Abbas understood the hadith as such; though he did not say the words: “This is how the Messenger* reported it,” nor did he say: “This is how we learnt it from the Messenger*.” But he said: “This is how the Messenger* commanded us.”
What did Imam Al-Shawkani say about this hadith? He said:…And what is referred in his saying: ‘This is how the Messenger* commanded us’, is his saying (i.e. Ibnu Abbas). “…And the command of the Messenger* lies in the hadith extracted by Bukhari and Muslim, among others, with the following wording: "Do not fast till you see the new moon and do not break fast till you see the new moon, and if the sky were cloudy, then complete it as thirty days." And this does not specifically apply for the people of one region to the exclusion of others, but to all the Muslims.”
Why can’t we use calculations?
Calculating the times when the new moon for Ramadhan and Eid - can’t replace an actual sighting of the new moon with the human eye. The reason for this is that the narrations which mention when to start fasting and end fasting mention seeing the moon with the eyes themselves.
What role can calculation play? Calculations can help us know around what time the new moon will be born and therefore the right time to start looking out for the new moon.
What role can’t calculation play? Governments who use these calculations instead of the sighting, their actions contradict the Qur’an and hadith. Therefore their actions are haram/unlawful and the Muslims are forbidden from relying on their announcements.
Why? All the narrations about the sighting of the moon use the word "ru'yatehe" which comes from the word "ra'a" to refer to the sighting.
The moon is a single, physical, object. This is why the narrations which use the word ‘ru’yatehe’ refer to the moon, mean to see the moon with the eyes.
There’s no analogy in ritual worships
1. There can be no analogy [qiyas] in ritual worships (Ibadaat).
2. This analogy contradicts the definite meaning in narrations which clearly show that the cause [sabab] for fasting is the sighting of the moon.
* Therefore, it is quite clear that the arguments presented to "justify" the beginning of Ramadan / Eid through the use of calculations are invalid and haram.
* The only way to determine the arrival of Ramadan / Eidis through sighting the moon.
What did some of the classical scholars say about calculating the sighting of the moon?
Imam Malik bin Anas (ra) said: "If you see an Imam who does not begin and end fasting by way of sighting, but begins fasting by calculation, he should not be followed in prayer or emulated."
What about sticking with the majority?
Some people claim that Muslims must follow what the majority are practicing. They attempt to misquote Islamic texts about "holding on to the Jama'a (group)". They misinterpret these to mean the ‘Jumhoor' (majority).
Islam has obliged sticking to the jama'ah [group] of Muslims under an Imam (Khalifah). Islam did not oblige sticking to the majority.
Al-Bukhari narrated: "The people used to ask the Prophet* about the good and I used to ask him about the bad in fear that it might catch me. So I said: O Prophet of Allah! We were in times of ignorance and mischief then Allah brought us this good, so is there any mischief after this good? He* said: Yes. I said: Will there be any good after that mischief? He said: Yes, and it has smoke. I said: What is its smoke? He said: (Some) people guide without any guidance, you recognise some (from them) and deny some. I said: Will there be a mischief after that good? He said: Yes, (some) people who invite at the doors of hell, whoever accepted their invitation they throw him in it (hell). I said: O Prophet of Allah, describe them to us. He said: They are of our own skin (of our people) and talk our language. I said: What do you order me to do if that (matter) caught me? He said: Adhere to the jama'ah of Muslims and their Imam. I said: What if the Muslims have no jama'ah nor an Imam? He said: Then you abandon all those groups, even if you have to grab with your teeth the trunk of a tree till death comes to you as such."
What is this hadith asking us to do?
The concept of following the majority rather than following Islam is not based on evidence from the Qur'an and Sunnah and contradicts many evidences about enjoining the good and forbidding the evil even in the face of hardship. The Prophet* said: "The master of martyrs is Hamza, and a man who stands up to a tyrant ruler and gives him advice [nasiha]- and so the ruler kills him."
The disease of nationalism
The disease of nationalism has affected us. Why is it people follow only the sighting in their nation? Who has created the borders between these nations? Why is it that in Delhi, people will follow the sighting in any other part of India but not of Pakistan when it is geographically closer than many parts within India itself like Kerala or Tamil Nadu. In Pakistan people will not follow the sighting of Bangladesh but before 1971 when it was East Pakistan they would, why? The Messenger* said: "He is not one of us who calls for nationalism or who fights for nationalism or who dies for nationalism."
That’s why starting Ramadhan and celebrating Eid on one day is an obligation
Conclusion
* If a Muslim country announces that the sighting of a new moon has been confirmed according to the lawful way- for the beginning of Ramadhan or for the day of Eid – then you have to fast or celebrate Eid.
* It is forbidden to wait for a ruler or scholar in your part of the world to give you permission to fast.
Mu'az narrated: I said: O Messenger of Allah. What do you think if we had leaders who do not follow your Sunnah and do not adopt your order; in what do you order regarding their affair? The Messenger of Allah* said: “There is no obedience to the one who does not obey Allah 'azza wa jall.”
Imam Muslim on the authority of Abu Hurayrah: that "The Messenger of Allah* forbade fasting on two days, the day of al-Adha and the day of al-Fitr".
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InshaAllah, see you all for the next official Harborne Islamic Study Circle early September.
Enjoy your August.
Jzk
Naveed
Salaam all
** Just a reminder that the next Harborne Islamic Study Circle (HISC) will be on the first Sunday in September. **
Hoping you all had a great remaining summer.
Many thanks to all those who have attended the Study Circle regularly or sporadically over the years and hoping that we continue to teach aspects of Islam effectively for many coming years, InshaAllah..
My sincere hope is that you have received some benefit from the Study Circles (Halaqa) and please remember me in your du'as.
Jzk
Naveed
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Lives of the Prophets: Musa* starts his Mission.
Allah reminds Musa* about the favours He has done for Musa just prior to sending Musa* on his mission. Allah mentions in Surah Ta-Ha: We were gracious to you another time when We revealed to your mother: "Place him into the chest and throw it into the sea and the sea will wash it up on the shore, where an enemy of Mine and his will pick it up." I showered you with love from Me so that you would be brought up under My supervision. When your sister went and said, "Shall I direct you to someone who will take care of him?" that was how We returned you to your mother so that she might delight her eyes and not be grieved. You killed a man and We rescued you from trouble and tested you with many trials. You stayed some years among the people of Midian. Then you arrived at the pre-ordained time, Moses! I have chosen you for Myself. (TMQ 20:37-41)
Musa* has 2 objectives from Allah:
- Talk to Pharaoh and convince him about Islam
- Ask Pharaoh to free Bani Israel as he has been oppressive
How to do Dawah: Advice from Allah
Musa* then travels home to Egypt and meets his family / tribe. No doubt he explains his mission and gives hope to his people and congratulates his brother Harun on becoming a Prophet! It is likely that the people start to talk about Musa and hope returns to Bani Israel – and Pharaohs’ spies will probably hear of the rumour too!
Prior to their visit to Pharaoh, Allah warned Musa* and the Prophet Harun (Aaron) and reminded them to always remember Him, and to never slacken in remembering Him: "Go, you and your brother, with My Signs and do not slacken in remembering Me." (TMQ 20: 42)
Allah commanded Musa* and Harun* to go to Pharaoh, the ruler of Egypt. Allah explained to them that Pharaoh was arrogant and contentious, but nevertheless, He commanded them to adopt a gentle manner in communicating His message to him: "Go to Pharaoh; he has overstepped the bounds. But speak to him with gentle words so that hopefully he will pay heed or show some fear." (TMQ 20: 43-44 )
Hence it is important to talk gently and softly when communicating the religion, even when the one he is conversing with is arrogant. However, this style of talking gently does not mean avoiding difficult issues like punishment, hellfire (or modern issues like dress, mortgages). This was part of the test for Musa* and his brother – although Allah knows the outcome of the Dawah!
Musa* is worried that Pharaoh will persecute him – especially as he is a wanted man in Egypt and had to flee in a hurry: They said, "Our Lord, we are afraid that he might persecute us or overstep the bounds." (TMQ 20: 45)
He (Moses) said, "My Lord, I killed one of them and I am afraid they will kill me." (TMQ 28: 33)
Go to him and say, "We are your Lord's Messengers so send the tribe of Israel away with us and do not punish them. We have brought you a Sign from your Lord. Peace be upon those who follow the guidance." (TMQ 20: 47)
He (Allah) said, "Have no fear. I will be with you, All-Hearing and All-Seeing." (TMQ 20: 46)
Going before the indisputable ruler of the land, to whom the whole nation submitted like a deity (Allah is beyond that), was certainly seemingly a very hazardous task according to the conditions of the time. Even more dangerous was telling Pharaoh explicitly that he was on the wrong path, and then to ask him to give freedom to an enslaved nation, that is, to the Children of Israel. Nevertheless, aware that they were under the total protection of Allah, Musa* and Harun went to Pharaoh.
Meeting with Pharaoh
It’s not easy for anybody to go see the Pharaoh because of all the security – but Musa is familiar with the ways of the Palace and probably knows people. Also, it is possible that Pharaoh was expecting him as rumours will be circulating in his Kingdom…
Then after them We sent Moses and Harun with Our Signs to Pharaoh and his ruling circle, but they were arrogant and were a people of evildoers. (TMQ 10: 75)
There was dialogue between Pharaoh and Musa* (see below) but Musa* was accused of being mad, a magician and a liar; in addition he was mocked by the Pharaoh – all responses that our Prophet* also faced.
Pharaoh said, "Who then is your Lord, Moses?"
He said, "Our Lord is He Who gives each thing its created form and then guides it."
He (Pharaoh) said, "What about the previous generations?"
He said, "Knowledge of them is with my Lord in a Book. My Lord does not misplace nor does He forget."
It is He Who made the earth a cradle for you and threaded pathways for you through it and sent down water from the sky by which We have brought forth various different types of plants. Eat and pasture your cattle. Certainly there are Signs in that for men of understanding. From it We created you, to it We will return you, and from it We will bring you forth a second time. (TMQ 20: 49-55)
Rather than evaluating this message with a sound mind and clear conscience, Pharaoh and his inner circle assessed it based on their accustomed way of thinking, founded on the deviant religion of their ancestors. According to their superstitious beliefs, Pharaoh was a deity (Allah is beyond that), far from admitting the idea of the existence of Allah:But when Moses brought them Our Clear Signs they said, "This is nothing but trumped-up magic. We never heard anything like this among our earlier forefathers." (TMQ 28: 36)
More about these conversations in the coming Study Circles, InshaAllah.
Main Topic: Islamic Opinion on Moonsighting
Although moon-sighting is a controversial topic, it is one we need to periodically revisit.
This is not having a go at anybody or group but to clarify the position as many people will be sinning if missing out on a day of fasting or fasting during Eid. There is individual responsibility and just blaming the local imam or mosque is not a sufficient excuse as everyone bears their own responsibility for doing the right thing.
Many of the excuses try to look for loopholes in Islam when justifying what they WANT to do rather than following the strongest legal opinion. Most other excuses no do even classify as legal opinions (ijtehad) and so are not allowed to be followed. We talked about this when we studied Usul al-Fiqh!
Some people will not like what is written but we need to discuss these Fiqh topics on the basis of Qur'an and Sunnah (evidence - 'daleel') and not emotion.
Jzk
Naveed
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All Muslims are obliged to start Ramadhan or celebrate Eid on the same day…No matter where the moon is sighted
If a Muslim country announces that the sighting of a new moon has been confirmed according to the lawful way - for the beginning of Ramadhan or for the day of Eid – then you have to fast or celebrate It is forbidden to wait for a ruler or scholar in your part of the world to give you permission to fast or celebrate.
WHY?
Because this is what Allah* and the Prophet* ordered. To prove this is the case we have to look at…
* The Quran
* The Sunnah
What we can’t look at to prove things are Islamic are …
* Our emotions
* What people think
* What most people are doing
* What is normal is our community
* What the tradition is.
Remember what Ibn Masud said: "The jama'a is truth [haq] even if it is one person".
The Qur’an says…"Whoever witnesses the crescent of the month, he must fast the month." [2:185], and "They ask you about the crescents. Say: They are but signs to mark fixed periods of time in the affairs of men and for pilgrimage." [2:189]
The Prophet* said:
The Prophet* mentioned Ramadhan and with a gesture of his hands said: "The month is thus and thus. (He then withdrew His thumb at the third time indicating 29)." He then said: "Fast when you see it, and break your fast when you see it. And if the weather is cloudy do calculate it (the months of Shaban and Shawwal) as thirty days." [Muslim]
He also said; "Do not fast till you see the new moon, and do not break fast till you see it; but if the weather is cloudy complete it (thirty days)." [Bukhari]
"The month consists of 29 nights, so do not fast till you have sighted it (the new moon), and if the weather were cloudy, then complete it as thirty days." [Bukhari]
"The month of Ramadhan may consist of twenty-nine days. So do not fast until you have sighted it (the new moon) and do not break fast, until you have sighted it (the new moon of Shawwal), and if the sky is cloudy for you, then complete it (thirty days)." [Muslim]
"The month of Ramadhan may consist of twenty-nine days; so when you see the new moon observe fast and when you see (the new moon again of Shawwal) then break it. And if the sky is cloudy for you, then calculate it (and complete thirty days)." [Muslim]
These narrations are very clear. The Qur’an and the Prophet* order us to fast when the sighting of the new moon of Ramadhan is confirmed, and order us to break the fast and celebrate Eid when the sighting of the new moon of Shawwal is confirmed.
We have to follow these orders of the Quran and the Prophet*. We would be sinful if we didn’t. Just like we would be sinful if we didn’t listen to the Quran and Prophet* for another order like praying salah.
The command to fast is general so it applies to everyone – no matter where they live
When the Qur’an and Prophet* order us to fast or celebrate Eid – they are ordering every Muslim – everywhere in the world. In the hadith, the Prophet* commands us to fast using the word ‘sumu’- ‘do fast’. This word is in the plural form which means the command is general and comprehensive. This means that it applies to all Muslims, no matter where they live.
"Do fast [sumuw] when it is sighted and break fast when it is sighted." In the hadith, the Prophet* commands us to fast using the word ‘ruyateh’ – ‘sighting’. This word is general. This means that Muslims have to fast after any legitimate sighting of the moon regardless of where the moon was sighted. "Do fast when it is sighted [ru’yateh] and break fast when it is sighted."
Even the Prophet* used to begin fasting when he had not personally seen the moon, but a Muslim had told him that he had seen it. Ibn Umar (r) reported, "During the time of the Prophet*, the companions went looking for the new crescent. So I told the Prophet* that I saw it. So he fasted and told the companions to fast." [Abu Dawud and Hakim]
So if the moon was sighted in Morocco do Muslims in Indonesia fast? YES
During the life of the Prophet* the Muslims used to start the fast on the same day and break it on the same day, despite the fact that they lived in different areas. This is another Islamic evidence that the sighting of the new moon in one area obliges all the Muslims to fast together on the same day and celebrate Eid on the same day.
Here’s what some scholars said about every Muslim fasting
Ibn Taymiyyah: “…a person who learns about the sighting of the moon in good time to be able to utilise it for fasting, for ending his fast, or for sacrifice, he must definitely do so. The texts [of Islam] and the reports about the Salaf point to this. To limit this to a certain distance or country would contradict both the reason and the Islamic law.”
The famous Hanafi scholar Imam Sarkhasi (died 483 A.H.) quotes the narration from Abu Dawud (2333, 2334) that; The Muslims did not begin fasting since they did not see the moon. Then a man, from out of Madinah, came and told the Prophet* that he had seen it (the moon). The Prophet* asked him if he was a Muslim to which the man answered ‘yes’. The Prophet* then said: "Allahu-Akbar! one is enough for all Muslims" The Prophet* fasted and asked the people to stop eating and start fasting
What If The News Reaches Us Too Late To Fast On The Same Morning?
This has also been answered in the ahadith. It is also reported in an authentic hadith: Abu ‘Umayr ibn Anas reported from his paternal uncles among the Ansaar who said: "It was cloudy and we could not see the new moon of Shawwaal, so we started the day fasting, then a caravan came at the end of the day and told the Messenger* that they had seen the new moon of Shawwaal the day before, so he told the people to stop fasting, and they went out to pray the Eid prayer the next day."
Deobandi Scholars
The co-founder of Dar al-Uloom Deoband, Maulana Rasheed Ahmad Gangohi said: "If the people of Calcutta sighted the moon in Friday, whereas it was sighted in Makkah on Thursday, but the people of Calcutta did not know of it (the sighting on Thursday); then whenever they come to know of this, it will be obligatory for them to celebrate eid with the people of Makkah and make up (Qada') for the first fasting
Bareylvi Opinion
The founder of the Barylevi movement, Maulana Ahmad Raza Khan, said: "In the correct and authentic mazhab of our Imams, with regard to the sighting of moon for Ramdhan and Eid, distance of the place of sighting is of no consideration. The sighting of the east is binding upon west and vice versa i.e. the sighting of west is similarly binding on east."
Is the idea for all Muslims to fast on one day something new?
No. Imam Kasanee said in his book Bada as-Sana'i said that following other than one sighting for the whole Ummah is an innovation [bid’a]. This indicates how weak he felt that the other Ijtihad is.
Imam Juzairi in his book The Fiqh of the Four Schools of Thought [Vol 1] gives two views of the Hanafis about this:
1) The sighting of the moon by any Muslim should be accepted whether slave, free, man or woman without inquiring whether they are just or not,
2) The justness [of the witness] should be verified by a judge [Qadi].
This all sounds simple – so what reasons do people use for not fasting on one day?
- Reason 1 – times of fasting are like times of prayer – they’re different in each area
The answer: It’s right to say that prayer times differ in each area, because they are based on the times the sun sets and rises – this happens at different times in each region.
So the times we Start fasting and Break fasting is different for each region. Because Allah* says: "And eat and drink until the white thread of dawn appears to you distinct from its black thread; then complete your fast until the night appears" [2:187] But the day we Start Ramadhan and Celebrate Eid must be the same all over the world. Because this is what the narrations have clearly indicated; and this is what is confirmed by the understanding deduced from the Shari'ah rule.
- Reason 2 – The companions of the Prophet* did not fast at the same time
Kurayb said: "I arrived in Al-Sham and did business for her. It was there in Al-Sham that the month of Ramadhan began. I saw the new moon of Ramadhan on Friday. “I then came back to Madina at the end of the month. Abdullah Ibnu Abbas asked me about the new moon of Ramadhan and said: "When did you see it?" I said: "We saw it on the night of Friday," He said: "Did you see it yourself?" I said: "Yes, and the people also saw it and observed the fast and Mu'awiya also observed the fast; He said: "But we saw it on Saturday night. Some would continue to observe fast till we complete thirty (fasts) or we see it (the new moon of Shawwal)." I said: "Is the sighting of the moon by Mu'awiya not valid for you?" He said: "No, this is how the Messenger of Allah* has commanded us."
THIS IS THE CLAIM…That Ibnu Abbas ignored the sighting of the people of Al-Sham and so at the end of the narration said: ‘…this is how the Messenger* has commanded us.’ Some people say that Ibnu Abbas learnt from the Messenger* that the people of one region are not obliged to fast on the sighting of another region. It’s also said that this hadith explains and specifies the hadith : “ Fast when you see it and break fast when you see it.”
Some therefore claim that the people of each region are commanded to act on the sighting of the new moon in their region only and not in other regions. Therefore the beginning of fast and the beginning of Eid vary from one region to another, according to the times of rising of the moon.
THE ANSWER —
1. This report is not a hadith of the Messenger* but the legal opinion [ijtihad] of a companion.
2. The fact that Ibnu Abbas did not act upon the sighting of the people of Al-Sham reflects his legal opinion [ijtihad] and it cannot be used as a Shari'ah evidence.
3. The reason for this is that when we have a hadith saying one thing and a legal opinin [ijtihad] saying something else – the hadith must be acted on and the legal opinion [ijtihad] has to be left.
4. The ijtihad of the sahabi cannot specify the general term of the hadith.
5. So when Ibnu Abbas said: "This is how the Messenger of Allah* commanded us", this is not a hadith. It is just the way Ibnu Abbas understood the hadith of the Prophet* in which the Messenger* said: "Fast when you see it and break fast when you see it."
This indicates that Ibnu Abbas understood the hadith as such; though he did not say the words: “This is how the Messenger* reported it,” nor did he say: “This is how we learnt it from the Messenger*.” But he said: “This is how the Messenger* commanded us.”
What did Imam Al-Shawkani say about this hadith? He said:…And what is referred in his saying: ‘This is how the Messenger* commanded us’, is his saying (i.e. Ibnu Abbas). “…And the command of the Messenger* lies in the hadith extracted by Bukhari and Muslim, among others, with the following wording: "Do not fast till you see the new moon and do not break fast till you see the new moon, and if the sky were cloudy, then complete it as thirty days." And this does not specifically apply for the people of one region to the exclusion of others, but to all the Muslims.”
Why can’t we use calculations?
Calculating the times when the new moon for Ramadhan and Eid - can’t replace an actual sighting of the new moon with the human eye. The reason for this is that the narrations which mention when to start fasting and end fasting mention seeing the moon with the eyes themselves.
What role can calculation play? Calculations can help us know around what time the new moon will be born and therefore the right time to start looking out for the new moon.
What role can’t calculation play? Governments who use these calculations instead of the sighting, their actions contradict the Qur’an and hadith. Therefore their actions are haram/unlawful and the Muslims are forbidden from relying on their announcements.
Why? All the narrations about the sighting of the moon use the word "ru'yatehe" which comes from the word "ra'a" to refer to the sighting.
The moon is a single, physical, object. This is why the narrations which use the word ‘ru’yatehe’ refer to the moon, mean to see the moon with the eyes.
There’s no analogy in ritual worships
1. There can be no analogy [qiyas] in ritual worships (Ibadaat).
2. This analogy contradicts the definite meaning in narrations which clearly show that the cause [sabab] for fasting is the sighting of the moon.
* Therefore, it is quite clear that the arguments presented to "justify" the beginning of Ramadan / Eid through the use of calculations are invalid and haram.
* The only way to determine the arrival of Ramadan / Eidis through sighting the moon.
What did some of the classical scholars say about calculating the sighting of the moon?
Imam Malik bin Anas (ra) said: "If you see an Imam who does not begin and end fasting by way of sighting, but begins fasting by calculation, he should not be followed in prayer or emulated."
What about sticking with the majority?
Some people claim that Muslims must follow what the majority are practicing. They attempt to misquote Islamic texts about "holding on to the Jama'a (group)". They misinterpret these to mean the ‘Jumhoor' (majority).
Islam has obliged sticking to the jama'ah [group] of Muslims under an Imam (Khalifah). Islam did not oblige sticking to the majority.
Al-Bukhari narrated: "The people used to ask the Prophet* about the good and I used to ask him about the bad in fear that it might catch me. So I said: O Prophet of Allah! We were in times of ignorance and mischief then Allah brought us this good, so is there any mischief after this good? He* said: Yes. I said: Will there be any good after that mischief? He said: Yes, and it has smoke. I said: What is its smoke? He said: (Some) people guide without any guidance, you recognise some (from them) and deny some. I said: Will there be a mischief after that good? He said: Yes, (some) people who invite at the doors of hell, whoever accepted their invitation they throw him in it (hell). I said: O Prophet of Allah, describe them to us. He said: They are of our own skin (of our people) and talk our language. I said: What do you order me to do if that (matter) caught me? He said: Adhere to the jama'ah of Muslims and their Imam. I said: What if the Muslims have no jama'ah nor an Imam? He said: Then you abandon all those groups, even if you have to grab with your teeth the trunk of a tree till death comes to you as such."
What is this hadith asking us to do?
The concept of following the majority rather than following Islam is not based on evidence from the Qur'an and Sunnah and contradicts many evidences about enjoining the good and forbidding the evil even in the face of hardship. The Prophet* said: "The master of martyrs is Hamza, and a man who stands up to a tyrant ruler and gives him advice [nasiha]- and so the ruler kills him."
The disease of nationalism
The disease of nationalism has affected us. Why is it people follow only the sighting in their nation? Who has created the borders between these nations? Why is it that in Delhi, people will follow the sighting in any other part of India but not of Pakistan when it is geographically closer than many parts within India itself like Kerala or Tamil Nadu. In Pakistan people will not follow the sighting of Bangladesh but before 1971 when it was East Pakistan they would, why? The Messenger* said: "He is not one of us who calls for nationalism or who fights for nationalism or who dies for nationalism."
That’s why starting Ramadhan and celebrating Eid on one day is an obligation
Conclusion
* If a Muslim country announces that the sighting of a new moon has been confirmed according to the lawful way- for the beginning of Ramadhan or for the day of Eid – then you have to fast or celebrate Eid.
* It is forbidden to wait for a ruler or scholar in your part of the world to give you permission to fast.
Mu'az narrated: I said: O Messenger of Allah. What do you think if we had leaders who do not follow your Sunnah and do not adopt your order; in what do you order regarding their affair? The Messenger of Allah* said: “There is no obedience to the one who does not obey Allah 'azza wa jall.”
Imam Muslim on the authority of Abu Hurayrah: that "The Messenger of Allah* forbade fasting on two days, the day of al-Adha and the day of al-Fitr".
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InshaAllah, see you all for the next official Harborne Islamic Study Circle early September.
Enjoy your August.
Jzk
Naveed
Monday, 11 March 2013
10 March 2013
Creation Eve, sources Law not agreed
Summary
Lives of the Prophets:
Allah Creates a Partner for Adam – Hawa from his rib
The Test from Allah: Don’t Go Near The Tree
Satan (Iblis) tempts them both with Eternal Kingdom & Immortality
Adam & Hawa Cast Out of Paradise for disobeying Allah
Adam knows he has wronged himself and unless Allah forgives him he will be a loser
Adam disobeyed of his own free will
No concept of Original Sin in Islam – we are accountable for our own deeds
Fiqh: Sources of Hukm Shar’i not agreed upon by all the Ulema
Ijma’ al Ummah (Unanimous agreement of the Ummah)
Ijma’ al Mujtahideen (Ijma al-Ulema) - (Unanimous agreement of the Scholars)
Ijma’ Ahlel Bayt (Unanimous agreement of the House of the Prophet)
Ijma’ Ahlel Medinah (Unanimous agreement of the People of Medina)
Istihsan (to approve or to do something preferable)
Masalih Al Mursalah (means benefit or public interest)
Laws revealed before Islam (Shar’a man qablana)
None of these are Definitie and reliable as sources of what Allah wants us to do – without doubt
Prophet Adam, Creation of Hawa and temptation from Iblis
Main Topic: Usul al-Fiqh (continued)
Sources of Law that are not agreed upon
Childrens Feedback
Dawah continued - Proving messengers
News Topic:
Fatal stabbing of a school-girl on the bus
Information about the London Library and Kew Garden Trip
Homework:
Where were Adam and Eve (Hawwa) sent down to on Earth after their fall from Paradise?
Explore the Islamic opinions on issues like music, TV, photos, birthdays, clapping - for when we discuss ijtihad (and fatwa)
Creation Eve, sources Law not agreed
Summary
Lives of the Prophets:
Allah Creates a Partner for Adam – Hawa from his rib
The Test from Allah: Don’t Go Near The Tree
Satan (Iblis) tempts them both with Eternal Kingdom & Immortality
Adam & Hawa Cast Out of Paradise for disobeying Allah
Adam knows he has wronged himself and unless Allah forgives him he will be a loser
Adam disobeyed of his own free will
No concept of Original Sin in Islam – we are accountable for our own deeds
Fiqh: Sources of Hukm Shar’i not agreed upon by all the Ulema
Ijma’ al Ummah (Unanimous agreement of the Ummah)
Ijma’ al Mujtahideen (Ijma al-Ulema) - (Unanimous agreement of the Scholars)
Ijma’ Ahlel Bayt (Unanimous agreement of the House of the Prophet)
Ijma’ Ahlel Medinah (Unanimous agreement of the People of Medina)
Istihsan (to approve or to do something preferable)
Masalih Al Mursalah (means benefit or public interest)
Laws revealed before Islam (Shar’a man qablana)
None of these are Definitie and reliable as sources of what Allah wants us to do – without doubt
Prophet Adam, Creation of Hawa and temptation from Iblis
Allah
Creates a Partner for Adam - Hawa
The angels realized that Adam was the
creature who knew what they did not know and that his capacity to learn was his
noblest quality. His knowledge included knowledge of the Creator which we call
faith or Islam, as well as the knowledge he would need to inhabit and master
the earth. All kinds of worldly knowledge which are included in this.
Adam knew the names of everything. Sometimes
he talked to the angels, but they were preoccupied with worshipping Almighty
Allah. Therefore Adam, felt lonely. One day he slept and when he awoke he found
near his head, a woman gazing at his face with beautiful tender eyes.
The angels asked him her name He replied:
"Eve (Hawa)." (means
living things). They asked: "Why did you call her Eve?" Adam said:
"Because she was created of me and I am a living being."
Ibn Abbas and a group of companions of the
Prophet* narrated that when Iblis was sent out of Paradise and Adam was
accommodated therein, Adam was alone in Paradise and did not have a partner from
whom he could get tranquility. He slept for some time and when he woke up, he
saw a woman whom Allah had created from his ribs. So he asked her, "Who
are you?" She replied, "A woman" He asked: "Why have you
been created?" She said :"So that you could find tranquility in
me." The angels, trying to find out the extent of his knowledge, asked
him: "What is her name O Adam?" He replied, "Eve" They
asked "Why was she so named?" He replied, "Because she was
created from something living."
Muhammad Ibn Ishaq and Ibn Abbas related
that Eve was created from the shortest left rib of Adam while he was sleeping
and after awhile she was clothed with flesh. that is why Allah the Exalted
said: O Mankind! Be dutiful to your
Lord, Who created you from a single person (Adam) and from Him (Adam) He
created his wife (Eve), and from them both He created many men and women. [TMQ
4:1] Allah also said: It is he Who has created you from a single person (Adam)
and then He created from him his wife (Eve), in order that he might enjoy the
pleasure of living with her. [TMQ 7:189]
Abu Hurairah narrated that the Prophet
Muhammad (PBUH) said: "O Muslims! I advise you to be gentle with women,
for they are created from a rib, and the most crooked portion of the rib is its
upper part. If you try to straighten it, it will break and if you leave it, it
will remain crooked, so I urge you to take care of the women." [Sahih
Bukhari]
Allah commanded Adam to dwell in Paradise:
"O Adam! Dwell you and your wife in
the Paradise and eat both of you freely with pleasure and delight of things
therein as wherever you will, but come not near this tree or you both will be
of the Zalimeen (wrong doers)." [TMQ 2:35]
The location of this Paradise is unknown to
us. The Qur’an did not reveal it.
The
Test from Allah: The Tree
Adam and eve were admitted to Paradise and
there they lived the dream of all human beings. Allah permitted them to
approach and enjoy everything except one tree, that might have been the Tree of
Pain or the Tree of Knowledge. Allah forbade them they were give abode in
Paradise. "But come not near this
tree or you both will be of the wrong doers." [TMQ 2:35]
Adam and Eve understood that they were
forbidden to eat the fruit of that tree. Adam was however a human being and man
tends to forget. His heart changes and his will weakens. Iblis summoned all the
envy within him and took advantage of Adam's humanity to exploit him. He
started to whisper to him day after day, coaxing him: "Shall I guide you to the Tree of
Immortality and the Eternal Kingdom?" He said to them: "Your Lord did
not forbid you this tree save you should become angels or become of the
immortals." He (Satan) swore by Allah to them both saying: "Verily I
am one of the sincere well wishers for you both." [TMQ 7:20-21]
Adam asked himself: "What will happen
if I eat from this tree? It might truly be the Tree of Immortality." His
dream was to live forever in the pure innocence of Paradise.
Years went by, and Adam and Eve were
preoccupied with thoughts of that tree. Then one day they decided to eat of its
fruit. They forgot that Allah had warned them not to approach it and that Iblis
was their sworn enemy. Adam stretched out his hand, picked one of the fruits
and offered it to Eve. They both ate of the forbidden tree.
Allah Almighty told us: "So he (Satan) misled them with deception."
[TMQ 7:22] Allah said: "Thus did
Adam disobey his Lord so he went astray." [TMQ 20:121]
According to the Old Testament, Eve was
tempted by the serpent to eat of the forbidden tree. She ate because of the
words of the serpent and fed Adam some of it. At that moment, their eyes were
opened to the fact that they were naked, and they took the leaves of the fig
tree to cover themselves. Wahb Ibn Munabah said that their clothing (before
their sin) was made of light on the private parts of both of them.
This story in the Old Testament is a
falsification and deception. Allah the Almighty revealed: "O Children of Adam! Let not Satan deceive
you, as he got your parents (Adam and Eve) out of Paradise stripping them of
their rainments; to show them their private parts. Verily he and Qabiluhu (his
soldiers from the jinn or his tribe) see you from where you cannot see them.
Verily, We made the devils (protectors and helpers) for those who believe not."
[TMQ 7:27]
Adam had hardly finished eating when he felt
his heart contract, and he was filled with pain, sadness and shame. The
surrounding atmosphere had changed and the internal music had stopped. He
discovered that he and his wife were naked, so they both started cutting tree
leaves with which to cover themselves.
Adam
& Hawa Cast Out
Allah the Almighty addressed him: "Did I not forbid you that tree and tell
you: Verily Satan is an open enemy unto you?" They said: "Our Lord!
We have wronged ourselves. If You forgive us not, and bestow not upon us Your
Mercy, we shall certainly be of the losers." Allah said; "Get down,
one of you an enemy to the other (Adam, Eve, and Satan etc). On earth will be a
dwelling place for you and an enjoyment, for a time." He said:
"Therein you shall live and therein you shall die, and from it you shall
be brought out (resurrected)." [TMQ 7:22-25]
Again there are old stories about these
events. Al Hafez Ibn Asaker narrated that Allah commanded two angels to remove
Adam from His holy proximity. So Gabriel stripped him of the crown on his head,
and Michael took the diadem from his forehead. Adam thought that his punishment
had been hastened and bowed down crying; "Forgiveness! Forgiveness!"
so Allah asked: "Are you running away from Me?" Adam replied,
"No, my Lord, but I am shy of You."
They left Paradise and descended upon the
earth. Adam was sad and Eve was crying. Allah accepted their repentance because
it was sincere and He told them that the earth would be their realm and origin
where they would live and die and whence they would come on the Day of Judgment.
Allah the Almighty recounted this third
lesson Adam learned in Paradise: Indeed We made a covenant with Adam before,
but he forgot, and We found on his part no firm will power. Remember when We
said to the angels "Prostrate yourselves to Adam." They prostrated
(all) except Iblis, who refused. then We said: "O Adam! verily, this is an
enemy to you and to your wife. so let him not get you both out of Paradise, so
that you be distressed in misery. Verily, you have (a promise from Us) that you
will never be hungry therein nor naked. And you will suffer not from thrist
therein nor from the sun's heat."
Then Satan whispered to him, saying "O
Adam! Shall I lead you to the Tree of Eternity and to a kingdom that will never
waste away?" Then they both ate of that tree, and so their private parts
appeared to them, and they began to stick on themselves the leaves from
Paradise for their covering. Thus did Adam disobey his Lord, so he went astray.
Then his Lord chose him, and turned to him with forgiveness and gave him
guidance.
Allah said: "Get you down (upon the
earth), both of you, together from Paradise, some of you are an enemy to some
others. Then if there comes to you guidance from Me, then whoever follows My
Guidance shall neither go astray, nor fall into distress and misery. But
whosoever turns away from My Reminder (neither believes in this Qur’an nor acts
on its orders etc). Verily, for him is a life of hardship and We shall raise
him up blind on the Day of Resurrection."
He will say: "O my Lord! Why have you
raised me up blind, while I had sight before." Allah will said: "like
this, Our Ayat (proofs, evidences, verses, lessons, signs, revelations, etc).
came unto you, but you disregarded them (you left them, did not think deeply in
them, and you turned away from them), and so this Day, you will be neglected in
the Hellfire, away from Allah's Mercy.)"
And thus do We requite him who transgresses
beyond bounds (commits the great sins and disobeys his Lord (Allah) and
believes not in His Messengers, and His revealed Books, like this Qur’an etc),
and believes not in the Ayat (proofs, evidences, verses, lessons, signs,
revelations, etc). of his Lord, and the torment of the Hereafter is far more
severe and more lasting. [TMQ 20:115-127]
Who’s
fault is it anyway?
Some people believe that the reason why
mankind does not dwell in Paradise is that Adam was disobedient and that if it
had not been for this sin, we could have been there all along. These are naive
fictions because when Allah wanted to create Adam, He said to the angels,
"I shall make a vicegerent on the earth." He did not say, "I
shall make a vicegerent in Paradise."
Adam's descent on earth, then, was not due
to degradation but rather it was dignified descent. Allah knew that Adam and
Eve would eat of the tree and descend to earth. He knew that Satan would rape
their innocence. That experience was essential for their life on earth; it was
a cornerstone of their vicegerency. It was meant to teach Adam, Eve, and their
progeny that it was Satan who had caused them to be expelled from Paradise and
that the road to Paradise can only be reached by obedience to Allah and enmity
to Satan.
Could it be said that Adam and the rest of
mankind were predestined to sin and to be expelled from Paradise and sent to the
earth? In fact, this fiction is as naive as the first one.
Adam complete free will, and he bore the
consequences of his deed. He disobeyed by eating of the forbidden tree, so
Allah dismissed him from Paradise. His disobedience does not negate his freedom.
On the contrary it is a consequence of it.
The truth of the matter is that Allah knew
what was going to happen, as He always know the outcome of events before they
take place. However Allah does not force things to happen. He grants free will
to His human creatures. On that He bases His supreme wisdom in populating the
earth, establishing the vicegerents, and so on.
Adam understood his 3rd lesson. He knew now
in a practical way that Iblis was his enemy, the cause of his losing the
blessing of living in Paradise, and the cause of his distress. Adam also
understood that Allah punishes disobedience and that the way of Paradise has to
be through submission to the will of Allah. And he learned from Allah Almighty
to ask for forgiveness.
Allah accepted Adam's repentance and forgave
him. He then sent him to the earth as His first messenger.
Umar Ibn Al Khattab also narrated that the
Prophet Muhammad (PBUH) said: "Moses said: 'My Lord! May I see Adam who
removed us and himself from the Paradise?" so Allah made him see Adam and
he said to him: "Are you Adam?" Adam said: "yes." And he
said "Were you the one in Whom Allah breathed His spirit and before whom
He bowed His angels and to whom He taught the names of all things?" Adam
answered: "yes." so Moses said: "What made you remove us and
yourself from Paradise.?" Adam said: "Who are you?" Moses said:
"I am Moses." Adam said: "So you are Moses the prophet of the
Children of Israel. Were you the one Allah spoke to directly?" Moses
answered "yes." Adam said: "Why do you blame me for a matter
which Allah had predestined?" So Allah’s Prophet Muhammad* said twice.
"Adam outclassed Moses." [Sahih al Bukhari]
Main Topic: Usul al-Fiqh (continued)
Sources of Law that are not agreed upon
Ijma’ al Ummah
In the past and
present, some Ulema have taken Ijma’ al Ummah as a
legislative source and it has been defined as the agreement of the Ummah of
Muhammad* on a matter at anytime, past, present, or future. The one Ayah, which
is most frequently quoted in support of Ijma’ al Ummah, is in
Surah al-Nisa: 115.
“And anyone who splits off from the
Messenger after the guidance has become clear to him and follows a way other
than the believers, we shall leave him in the path he has chosen and land him
in hell - what an evil refuge.” (TMQ An-Nisa: 115)
Some of the Ulema
observe that “the way of the believers” in this Ayah refers to their agreement
and the way that they have chosen, in other words, their Ijma’.
Adherence to the way of the community is thus binding and departure from it is
forbidden. Others have stated that even if the Ayah constitutes an irrefutable
proof, it does not have a Qata’i (conclusive)
meaning.
Secondly, this Ayah
refers to the Oneness of Allah and the Prophethood of Muhammad (saw). And
“Following a path other than that of the believers,” means abandoning Islam.
The Ayah was revealed on the occasion of a Muslim who turned away from Islam.
Thus, the Ayah is not general. Due to these points, utilising this Ayah as a
Daleel for Ijma’ al Ummah is invalid.
The Ahadith which
are most frequently quoted in support of Ijma’ al Ummah are:
“My Ummah shall never agree on a Dhalalah (misguidance).” (Ibn Majah) “Verily Allah will not make my Ummah agree
upon al Khata (mistake).” (Tirmidhi) “Allah will not let the Ummah of Muhammad (saw) agree upon Dhalalah
(misguidance)” (Ibn Majah) “I
beseeched Allah Almighty not to bring my Ummah to the point of agreeing on
Dhalalah (misguidance) and He granted me this.” (Ibn Majah) “A group of my Ummah shall continue to remain
on the right path. They will be the dominant force and will not be harmed by
the opposition of dissenters.” (Ibn Majah)
A source for
legislative rulings has to be based on a Qata’i Daleel. These
Ahadith are Adilla Dhanniya (conjectural evidences). Secondly, these Ahadith
cover different topics, first of which is that the Ummah does not agree upon
Dhalalah, which means returning back from Islam.
In fact, these
Ahadith justify that the Muslim Ummah, as a whole, will not revert to Kufr.
Furthermore, the Ahadith that mention “Khata” (mistake) are weak Ahadith.
Also, if the
above-mentioned Ahadith are taken as a source to justify the honesty of the
Ummah as a whole, these Hadith contradict other Hadith in which the Prophet
(saw) criticised future generations. As an example, Imran ibnu Haydh reported
the Prophet (saw) as saying:
“The best of my Ummah are those who lived in my lifetime then those who
lived after them and those who lived after them. (Imran said: I don’t remember whether it was
two generations after his or three). Then will come a time when people will
fabricate stories or tale without evidence and will cheat and not be
trustworthy nor be faithful and they will appear obese.” (Bukhari)
Many scholars such
as Bukhari and Ahmad bin Hanbal report this in many forms. In another saying,
the Prophet (saw) said:
“Lying will become a common practice, the believer will be called
unbeliever and some people will give false testimonies and will testify before
being asked and some people will become like wolves.” (Tirmizi, Ibn Majah
& Ahmad)
All these sayings
contradict the previous sayings if they are taken to prove Ijma’
al Ummah, because Ijma’ al Ummah assumes that the Ummah will always
agree on good, whereas, these Ahadith indicate that some parts of the Ummah
will go astray. There cannot be contradiction in the revelation. Thus, Ijma’
al Ummah can have no value as a source for Hukm Shar’i.
Ijma’ al Ulema (al-Mujtahideen)
Ijma’
al Mujtahideen (Scholars) is defined as a unanimous agreement of the
Mujtahideen (those who exert their efforts to extract the Ahkaam) of the Muslim
community of any period following the death of the Prophet (saw). The
proponents of Ijma’ al Mujtahideen have used the same Daleel,
which is used for Ijma’ al Ummah. Thus the same arguments would
apply to Ijma al Mujtahideen.
Ijma’ Ahlel Bayt
Some Ulema have
confined Ijma’ to the household of Prophet Muhammad*. In
support of their argument, they refer to the following evidence:
“O Wives of the Prophet* Allah wishes to
cleanse the people of the House (of Prophet (saw) of impurities (al-Rijis)”
(TMQ Al-Ahzab: 32-33)
The proponents of
this type of Ijma’ have said that when this Ayah was revealed
the Messenger (saw) took his cloak and covered Imam Ali (ra), Hussein, Hasan
and Fatimah umm Hasan (ra) and said: “O
Allah these are members of my household.” (Tirmidhi)
Also, the Ulema
have backed their argument from the Sunnah with this saying of the Prophet
(saw): “I am leaving amongst you two
valuable things (al-thaqalayn), the book of Allah and my (Usra) family.”
Thus, the claim is
made that Allah (swt) has lifted ar-Rijis from the family of the Prophet (saw)
and that ar-Rijis means mistake. According to their argument, Ahlel Bayt are
infallible, and thus, their Ijma’ is a legitimate source
of Shari’ah.
In response to the
Ayah in Surah al-Ahzab, the meaning is not Qata’i (decisive). Also,
this Ayah was revealed in regards to the wives of the Prophet (saw) as well. It
is not exclusive to Fatimah umm Hasan (ra), Ali (ra) and their sons (ra). Does
this mean that all his (saw) wives were infallible?
Based on this
argument, they should be? Also, the word “ar-Rijis” mentioned in the Ayah means
the lifting of suspicion or dishonesty and not mistake. The word Rijis has been
mentioned in many Ayahs under the meaning of moral impurities such as:“Thus Allah lays rijis (shame) upon those
who believe not.” (TMQ Al-An’am: 125) “It is not for any soul to believe except by
the permission of Allah. He has set Rijis (uncleanness) upon those who have no
sense.” (TMQ Yunus: 100)
Rijis, in these and
many other places in the Qur’anic text, denotes
moral impurities. Removing the Rijis does not in any way mean that they are
infallible.
As for the Hadith,
which narrated that the Prophet (saw) covered, with his (saw) cloak, Imam Ali,
Fatimah Umm Hasan (ra), Hussain and Hasan (ra), and then said, these are my
family, it is by no means an indication that Ahlel Bayt is solely limited to
them. The word family in the Ayah in Surah Ahzab means the wives of the Prophet
(saw) as well.
A Hadith of
Al-Thaqalayn narrated by Zayd Bin Arqam (ra) has backed this. For clarification
of this Hadith, Hussein (ra) said to Zayd (ra) “O Zayd who are his (saw)
family? Are they not his (saw) wives?”
He said, “Yes his
(saw) wives are his (saw) family, but his (saw) family are those who have been
excluded from accepting Sadaqah (charity)” So he inquired, “Who are they?” -
Zayd said, “they are the family of Ali, the family of Aqil, the family of Ja’fer”.
Hussain then asked, “Have all these people been excluded from accepting
Sadaqah?” And he replied, “Yes”.
All of this
confirms that the mentioned Ayah cannot be taken as evidence that the consensus
of ahlel bayt and their infallibility is justified. This means that Ahlel Bayt
is not restricted to Fatimah umm Hasan, Ali (ra) and their sons (ra) only.
Ijma’ Ahlel Medinah
The Ulema who
subscribe to this type of Ijma’ have restricted it
to the people of Medina. They base their opinion on the Hadith of the Prophet
(saw): “The Medina city cleanses all filth (Khabath).” (Bukhari &
Muslim)
The Ulema also
claim that Khabath means mistakes and in this case the Hadith would also
indicate that its people are free from mistakes. Since the people are free from
mistakes, it follows that their Ijma’ is considered
valid.
The complete text
of the Hadith is mentioned in Bukhari and Muslim. It relates that a bedouin
gave the pledge of Islam to the Prophet (saw), he then became sick and said: O
Prophet (saw), free me from the allegiance I gave to you. The Prophet (saw)
rejected. The man then asked again and the Prophet (saw) again rejected, so he left
the Prophet (saw) and became well. The Prophet (saw) said:
“The city of Medina is like the bellows (an instrument used by a
blacksmith for blowing air into the fire to make the fire burn quickly). It
cleanses its filth (Khabath) and its goodness will shine”. (Bukhari, Muslim
& Ahmad)
This Hadith
indicates an attribute of the city of Medina that it cleanses people, it does
not indicate the people of Medina as such. Furthermore, any mistake in Ijtihad
cannot be considered as Khabath (filth) because there is no reward in this.
The Prophet (saw)
has forbid Khabath (filth). In the following sayings of the Prophet (saw): “The Dog is Filth and the the price (money
obtained from selling) of a dog is Khabith (filth).” (Muslim) “The dowry (money taken for Zina) of a whore
or prostitute is Khabaith (filthy).” (Bukhari & Muslim) “Alcohol is the mother of all Khabaith
(filth).” (An-Nisai)
However, the
Mujtahid would be rewarded even if he erred and made an error. For the Prophet
(saw) said: “My Ummah is not
responsible for three things: mistakes, forgetfulness, and whatever is done
under duress.” (Ibn Majah)
So, Khabath cannot
be considered as an error and Ijma’ ahlel Medina cannot
be taken as infallible. Furthermore, the Hadith used to justify Ijma’
ahlel Medina is not Qata’i.
Istihsan
Istihsan literally means
to approve or to do something preferable. It is a derivation of Hasuna,
which means being good or beautiful. As a juristic term, Istihsan is defined as
shifting from one Qiyas to another Qiyas due to a reason or suspending a Qiyas
for a reason. A Mujtahid may take into consideration any of these options.
7.5.1 Types of
Istihsan:
A. Istihsan by
Qiyas- switching from a ruling of Qiyas to another ruling by Qiyas due to a
stronger reason.
B. Istihsan by
necessity - shifting to another Qiyas due to necessity.
C. Istihsan by
Sunnah - Cancelling the Qiyas due to a contradiction caused by the Hadith.
Example: The
Prophet (saw) said who has Khuzaima as his witness it is enough for him,
meaning that the testimony of that person (Khuzaima) equals the testimony of
two people. While the ruling from Qiyas is to have two witnesses, the Qiyas is
cancelled because this was a special situation for Khuzaima by the Prophet
(saw).
D. Istihsan by Ijma
as-Sahabah - Cancelling a ruling from Qiyas due to a contradiction caused by the
Ijma’ as-Sahabah.
Example: Paying a
company to manufacture items such as chairs. The ruling from Qiyas is that it
is not allowed because the items under discussion (e.g. chairs) are not present
at the time of the contract. But the ruling from Qiyas is cancelled due to the Ijma’
as-Sahabah.
The first two types
of Istihsan have no valid Daleel for their application. Technically, the third
and fourth are not Istihsan; rather, they are ruling based on a Daleel from
Sunnah and Ijma’ as-Sahabah.
The proponents of
Istihsan use the following Ayah to validate Istihsan: “And give glad tidings to those of My servants who listen to the word
and follow the best of it. Those are the ones that Allah has guided and endowed
with understanding.” (TMQ Az-Zumar: 18) “And follow the best of what has been sent down to you from your Lord.”
(TMQ Az-Zumar: 55)
These Ayahs do not
authorise the use of Istihsan. Rather, the Ayah instructs us to follow the best
statements, which were revealed, Qur’an. This is because
the second part of the Ayah describes those who do as the ones that Allah (swt)
has guided.
Imam Shafi’i
used to say “Those who practice Istihsan are the Shar’i
(legislator), and if Istihsan is allowed in this Deen then it should be allowed
for any intellectual person to initiate laws for himself.” (Al-Risala)
Masalih Al Mursalah
Literally, Maslahah
means benefit or interest. As a juristic term Maslahah Mursalah refers
to accepting public interest in the absence of ruling regarding an issue from
the Qur’an or Sunnah.
7.6.1 Types of
Masalih Al Mursalah
A. Maslahah
cancelled by the text - Maslahah (benefit/interest), which is cancelled due
to a ruling from the text. All agree that this kind of Maslahah is invalid.
Example: One of the
Khaleefahs had marital relations with his wife during the daytime in Ramadan.
One of the Ulema advised the Khaleefah to fast two consecutive months as
Kaffarah. Another Alim asked this Alim how he issued this ruling when the
Khaleefah first must free one slave, and if he could not, then feed 60 people,
and, if he cannot, then he should fast two consecutive months.
The Alim answered,
that if he had ordered the first two punishments, then it would have been easy
for the Khaleefah and he might have done the same act again. This form of
Maslahah is invalid because a ruling on the issue already exists from Sunnah.
The ruling is that if a person breaks his fast in Ramadan by having sexual
intercourse with his wife, then he has to free a slave. If he can’t,
then feed 60 people, if he can’t, then fast 60
days. This is based on a Hadith reported by Bukhari, Muslim, Ibn Majah and Abu
Dawud. This order cannot be changed.
B. Maslahah
approved by the Shari’ah - Benefit, which
the Shari’ah does not forbid. As an example,
allowing people to trade. This trade is the interest of the people and Qur’an
allowed us to conduct trade. All agree that this type is valid.
C. Adopting
Maslahah (benefit/interest) in an action from which there is no ruling from Qur’an and Sunnah.
For example
compiling the Qur’an or cancelling the Hadd (punishment) for
stealing during famine.
There is no debate
amongst the Ulema on the first two types of Maslahah al Mursalah. But there is
disagreement regarding the third type of Maslahah.
Some have accepted
it within specific requirements while others have rejected it outright.
The Ulema who have
accepted Maslahah al Mursalah give the following justifications:
A. Shari’ah,
in general, came to satisfy the interests of the people in the correct manner.
B. Sahabah (ra)
agreed through Maslahah (benefit/interest) to compile the Qur’an
without having evidence either in the Qur’an or in the Sunnah
to do so. This is among the many examples claiming that the Sahabah (ra)
compiled the Qur’an due to its benefit but without a Daleel.
Regarding the first
justification, it is true that the Shari’ah in general came
for the interest of the Ummah, but we cannot use this argument as an Illah
(cause) to justify every ruling. All the rulings from Qur’an,
Sunnah, Ijma’ as-Sahabah and Qiyas are there to satisfy
our needs. In addition, a Muslim obeys and implements the rules as obedience to
Allah (swt) and not because the rulings are easy, hard or connected with
Maslahah (benefit). So we cannot use the benefit as a justification to legalise
any action. There has to be evidence allowing such an action.
Regarding the
second justification, by investigating all of these examples it will become
obvious that the Sahabah (ra) understood the evidences thoroughly. The rules of
Usul al-Fiqh were not written at the time. The Sahabah (ra) used to extract
rulings because of their ability to understand both the language and text. We
do not observe any actions by them, which did not have grounds from the text.
Regarding the
compilation of the Qur’an, it was not done because of Maslahah. The
Sahabah (ra) understood that they had to do something to preserve the Qur’an
and this is in compliance with the Ayah:
“Lo! We revealed the Reminder, and Lo! We
verily are its Guardian.” (TMQ Al-Hijr: 9)
In addition to the
Ayah there is a Hadith asking Muslims to remove any harm or to avoid causing
any harm. The Prophet (saw) said:
“There is no Harm or Harming” (Bukhari & Muslim), meaning that harm is
not allowed. What can be a bigger harm than losing the Qur’an
itself? What Uthman (ra) did by burning different copies of the Qur’an
and maintaining only one copy fits under the command of the above mentioned
Ayah and Hadith.
Regarding Umar’s
(ra) cancelling the Hadd for cutting the hand during famine, it is in agreement
with the requirement for cutting a person’s hand for stealing.
One of the requirements is that if the crime of theft happens during the
famine, then the Hadd is lifted. So, Umar (ra) simply implemented the
requirement. The Prophet (saw) said: “No
cutting in famine.”
Also, the Prophet
(saw) instructed us not to apply the Hadd in case of doubt. Above all, from the
definition of Hukm Shar’i, we should realise that it is the address
of the Share’, Allah (swt). Furthermore, it is well
established from the Qur’an that Allah (swt)
has perfected our Deen and chosen Islam as that Deen. This indicates that the
Shari’ah is perfect. The concept of Maslahah, however,
implies that there are some issues without rulings from Islam, and to fill this
vacuum, we have to apply public interest. This concept is not correct and
therefore, this type of Maslahah is invalid.
Laws revealed before Islam :(Shar’a
man qablana)
Those who say that
the Shari’ah of the previous nations is a Shar’iah
for the Muslims provide the following sayings of Allah (swt) as Daleels:
“We have sent you Wahi, as we sent it to
Nuh” (TMQ An-Nisa: 163) “He set for
you from the Deen what He advised for Nuh” (TMQ Ash-Shura: 13) “Then We revealed to you, Follow the millah
of Ibrahim.’” (TMQ An-Nahl: 123)
They claim that the
above Ayat address the Muslims by the Shar’iah of the previous
Prophets. They also state that Allah (swt) orders the Muslims to abide by
everything the Messenger (saw) conveyed, except for issues specific to him and
issues that were abrogated.
Based upon this
understanding, they claim that the Muslims are addressed by the Shar’iah
of previous nations because the Qur’anic text contains
neither an exception nor an abrogation.
This argument stems
from an incorrect understanding of the Ayat. The first Ayah means that Allah
(swt) revealed the Wahi to Muhammad (saw) in the same manner that he revealed
the Wahi to previous Prophets. The second Ayah means that Allah (swt) revealed
to Muhammad (saw) the same Tawheed and fundamental beliefs that Nuh (as) was
ordered to follow, and the third Ayah orders Muhammad (saw) to follow the
fundamentals of Tawheed because the word Millah’ refers to Tawheed.
Similarly, Ayat like, “Follow the guidance they received,” refer exclusively to
the Tawheed, which is the core of the Deen that all Prophets and Messengers
shared, but it does not refer to the Shar’iah that came with
each message.
As for the saying
of Allah (swt), “It was We who revealed
the Torah: therein was guidance and light by which the Prophets ruled” (TMQ
Al-Maidah: 44)
It is addressing
the Prophets of Bani Israel, not Muhammad (saw), because the Muslims have no
Prophets but one. Regarding the narration of Abu Hurairah in which the
Messenger of Allah (saw) said,
“The Prophets are brothers. Their mothers are different and their Deen is
one.” (Muslim)
The expression “their Deen is one” refers to the Tawheed or Aqeedah,
which all the Messengers have. This does not mean that the entire message or
Shar’iah prescribed to each nation is alike because
Allah (swt) says: “To each among you, We
have prescribed a Shar’iah and a method.” (TMQ Al-Maidah:
48)
Thus, the evidences
that are used for justifying the Shar’iah of previous
Prophets and nations as a legal source are not strong. Furthermore, there are
evidences that prohibit following the previous Sharaa’i
whether they are mentioned by the Qur’an and Hadeeth or
otherwise.
Allah (swt) says: “If anyone chooses a Deen other than Islam,
never will it be accepted of him” (TMQ Al-Imran: 85) “Verily the only Deen that is accepted by Allah is Islam.” (TMQ
Al-Imran: 19)
Both texts state
that any Deen other than Islam is not accepted from anyone. Thus, it is not
possible that Allah (swt) would require the Muslims to follow them. Allah (swt)
also says: “To you We sent the Book with
the truth, verifying the Book that came before it, and dominating it.” (TMQ
Al-Maida: 48)
The domination of
the Qur’an over previous books cannot mean the
verification of them because Allah (swt) used the word “verification” in the
same Ayah. Thus, it means that the Qur’an abrogates them
all. Also Ijma’ as-Sahabah on this matter indicate that the
Islamic laws abrogated all previous ones.
In addition, Allah
(swt) says: “Were you witnesses when
death appeared before Ya’qoob? Behold he
said to his sons, What will you worship after me? They said, We will worship your
God and the god of your fathers, of Ibrahim, Isma’eel and Ishaq-the one true God: to Him do we
submit.’ That was an Ummah
that passed away. They shall reap the fruit of what they did, and you of what
you do. You shall not be asked about what they did.” (TMQ Al-Baqarah:
133-4)
Allah (swt) states
that the Muslims will not be questioned regarding the actions of the Prophets.
Conveying the Shar’iah and acting upon it is a part of their
actions which Muslims are not questioned for and the Muslims are not addressed
by it, and it is not binding upon them. Also, Jabir narrated that the Messenger
of Allah (saw) said: “I have been given
five things which none before me was given: each Prophet was sent specifically
to his people while I have been sent to every red and black.” (Muslim)
Abu Hurairah
narrated that Allah’s Messenger (saw) said: “I have been preferred over other Prophets
with six things,” one of which was that: “I am sent to all of creation.” (Muslim)
The Prophet (saw)
says that each Prophet before him (saw) was sent only to his people, which
means no one else but their own people are responsible for their Shar’iah.
None of the previous Prophets were sent to the Muslims. Therefore, their laws
are not a Shar’iah for the Muslim Ummah.
This is supported
by what is clearly mentioned in the Qur’an: “To Thamood, We sent their brother Saleh”
(TMQ Hud: 61) “To Ad, we sent their
brother Hud” (Al-Araf 7: 65) “To
Midian, We sent their brother Shu’ayb” (Al-Araf 7: 85)
The above show that
the previous laws are not Shara’i for the Muslims
for three reasons. First, the Daleels that are used refer only to the Tawheed
and Aqa’id, and not the Shar’iah.
Second, there are legal texts that prohibit following any Shar’iah
except the Islamic Shar’iah. Third, each Prophet was sent
specifically to his people.
The Muslims are not
part of previous nations, the previous Prophets were not sent to the Muslims,
and the Muslims are not addressed by their law and consequently not responsible
for them. Thus, the law of previous nations is not considered as a source of
rules.
Regarding the claim
that Muslims have to follow everything that the Messenger (saw) mentioned.
Allah (swt) ordered the Muslims to follow what the Messenger (saw) brought. The
Messenger (saw) narrated the affairs of previous nations to learn and take
lessons from the morale of their stories, and not to abide by their laws. The
Messenger (saw) narrated to the Muslims the stories of the previous Prophets as
well as information about other nations. He (saw) explained their situations
and rules they were following just as a reminder, not as an order to follow
their laws. The news about the nations’ affairs and rules
they were following were all mentioned as mere narrations to take lessons from
and not as laws to follow.
Moreover, many of
those rules contradict the Islamic Shar’iah in their
details. If the Muslims were addressed by these laws, they would be addressed
by two different Sharaa’i, which is impossible. For example, Allah
(swt) says regarding Sulayman:
“And he took an account
of the birds; and he said, Why is it I do not see the Hud? Or is he among the
absentees? I will certainly punish him with a severe punishment, or execute
him, unless he brings me a clear reason.”‘ (TMQ An-Naml:
20-21)
There is no
disagreement among Muslims that there should be no punishment for birds, and
all animals for that matter, even if they cause some harm. The clear text from
the Messenger (saw) states:“The transgression of animals is not accounted
for.” (Bukhari) Thus, the transgression of animals as well as the birds is
not compensated for.
Also, Allah (swt)
addressed Musa (as):“We forbade every (animal) with undivided hoof, and We
forbade them the fat of the ox and the sheep, except what adheres to their
backs of their entrails, or is mixed up with a bone.” (TMQ Al-Anam: 146)
In the Islamic Shar’iah
Allah (swt) made all of this Halal to the Muslims by saying, “And your food is
made halal for them.” The fat mentioned in the Ayah is part of the Muslims’
food. Thus, it is allowed for them. The people of Zakariah also had their own
Shar’iah as mentioned in the Qur’an.
Maryam’s
mother said: “I vowed what is in my womb
for you.” (Al-Imran: 35) This is Haram in Islam. Also, Allah (swt)
addressed Ya’qoob: “All
food was lawful to the Children of Israel, except what Israel made unlawful for
himself” (TMQ Al-Imran: 93) In Islam it is Haram for anyone to make
anything Haram if Allah (swt) did not make it Haram: “Why do you make unlawful that which Allah made lawful for you.”
(TMQ At-Tahrim: 1)
Similarly the Qur’an
mentions the Shar’iah of the Kitabyeen during the days of the
People of the Cave: “Those who prevailed
over their affair said, Let us surely take a place of worship over them.’”
(TMQ Al-Kahf: 21) This is Haram in Islam because the Prophet (saw) said: “Those are the people who, whenever a pious
man dies amongst them, make a place of worship at his grave and then they make
those pictures in it. Those are the worst creatures in the Sight of Allah.” (Bukhari
& Muslim)
In another Ayah,
Allah (swt) addressed the people of Musa: “We
ordained upon them: Life for a life, eye for an eye, nose for a nose, ear for
an ear, tooth for a tooth, and wounds equal for equal.’”
(TMQ Al-Maidah: 45) Muslims do not follow this order. Instead, Islam obligates
Muslims in this case to take al-Qawad, or the capital punishment against murder
(within specific rules). Furthermore, Islam established the monetary
compensation for any crime below this, as Allah (swt) says: “If then anyone transgresses against you,
transgress likewise against him.” (TMQ Al-Baqarah: 194) “And if you punish, let your punishment be
proportional to the wrong that has been done against you.” (TMQ An-Nahl:
126)
Moreover, as explained
earlier abrogation is the invalidation of an existing rule in the text by a new
text. For example, the Messenger (saw) says:
“I used to forbid
you from visiting the graves, now you should visit them.” (Muslim, Tirmidhï,
Abu Dawud & al-Nasa’i)
The invalidation of
an old rule by a new text is termed abrogation. In abrogation, the abrogated
rule must have been revealed before the new rule, and the new rule must also
contain a Daleel that it is abrogating the previous rule. If both conditions
are not met, there is no abrogation. The mere disagreement or contradiction
between two rules does not make one of them abrogate the other. Therefore, the
rules mentioned regarding the previous Sharaa’i are not abrogated
by their corresponding Islamic ones that conflict or contradict them. There is
no Daleel for such a claim. Also, there is no relationship between the Islamic
legislation and these rules. However, these rules are abrogated as part of the
abrogation of the previous Sharaa’i as a whole. Thus,
they do not need specific rules to abrogate them.
The following
Hadith reiterates the point that we are obliged to follow the Shariah revealed
to Muhammad (saw) and not any other.
Jabir ibn Abdullah
narrated that Umar Ibn al-Khattab brought a copy of the Torah to the Prophet
(saw) and said: “O Messenger of Allah, this is a copy of the Torah.” But [the
Prophet] kept silent. Then Umar started reading and the face of the Prophet
kept changing. So, Abu Bakr interrupted him violently: “Don't you see the face
of the Messenger (saw)?” Umar looked at the Prophet's face and said, “May Allah
preserve me from His anger and from the anger of his Messenger (saw), we
accepted Allah as Lord and Islam as religion and Muhammad as Prophet.” Then the
Prophet (saw) said:
“By the One Who
owns Muhammad's soul, if Musa (as) appeared to you and you followed him and
left me, you would go astray from the right path and if he were alive and
reached [the time of] my prophethood he would have followed me
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