Showing posts with label idol-worshippers. Show all posts
Showing posts with label idol-worshippers. Show all posts

Wednesday, 29 October 2014

26 October 2014 Musa (15) and Bani Israel, and Death (part 2)

26 October 2014

Musa (15) and Bani Israel, and Death (part 2)



Life of Musa* Recap:
Musa part 1-14: Birth then thrown in the Nile to escape being killed but ends up in Pharaoh’s palace. Adopted but looked after by his family he later accidentally kills an Egyptian the flees to Madian and marries after working 10 years for a family. Being homesick travels back but encounters the Burning Bush and Allah speaks to him and his mission is to free Bani Israel and to get Pharaoh to believe in Allah. Musa* asks for Harun to be made a Prophet and they both visit Pharaoh who is not impressed by their miracles and challenges them to a magician face-off where the stick of Musa* turns into a snake and devours the other sticks – whereupon the magicians pledge their Islam and are martyred as a result. Then follows other Signs (Ayats) from Allah: famine, drought, flood, locusts, lice, frogs and blood but Pharaoh insists on disbelief despite promising to accept the conditions of Musa*. Then Bani Israel flee in the night but are pursued by Pharaoh and his army who follow Musa* through the parted waves of the Red Sea but Allah causes them to perish. After doing the story of Karun (below) we start the second half of the story of Musa*….

Musa* and the arrogance of Karun and his punishment
Karun was rich and powerful. He had been given position, patronage and power in Egyptian society. Like some rich, powerful Muslims in the West who are made Lords / Knighted and do the utmost to be westernised and disown their background/heritage and deen; and who think their success is self-made and that they are superior to the others. He loved this world and did not consider his deen important. Many from Bani Israel looked up to (idolised) Karun and wanted to be like him or have his position/power/wealth. This story is a lesson for them…
‘Israel’ = another name for Yaqub (Jacob) and so Bani Israel refers to the 12 tribes from the 12 children of Yaqub. The Qur'an informs us that Karun was the owner of great possessions in Egypt despite being a descendant Yaqub. In the following verse Allah indicates that Karun opposed the Prophet Musa* together with Pharaoh:
Karun was one of the people of Moses but he lorded it over them. We gave him treasures, the keys alone to which were a heavy weight for a party of strong men… (Surat al-Qasas: 76)

We sent Moses with Our Signs and clear authority to Pharaoh, Haman and Karun. But they said, "A lying magician." (Surah Ghafir: 23-24)

Verily, Karun was of Musa*’s people, but he behaved arrogantly towards them. And We gave him of the treasures, that of which the keys would have been a burden to a body of strong men. Remember when his people said to him: "Do not gloat (with riches, being ungrateful to Allah). Verily Allah likes not those who show off with arrogance. (76)

But seek, with that (wealth) which Allah has bestowed on you, the home of the Hereafter, and forget not your portion of lawful enjoyment in this world, and do good as Allah has been good to you, and seek not mischief in the land. Verily, Allah likes not the Mufsidun (those who commit great crimes and sins, oppressors, tyrants, mischief-makers, corrupters). (77)

He said: "This has been given to me only because of knowledge I possess." Did he not know that Allah had destroyed before him generations, men who were stronger than him in might and greater in the amount (of riches) they had collected? But the Mujrimûn (criminals, disbelievers, polytheists, sinners) will not be questioned of their sins. (78)

So he went forth before his people in his pomp. Those who were liked the life of the world, said: "Ah, would that we had the like of what Karun has been given! Verily, he is the owner of a great fortune." (79)

But those who had been given (religious) knowledge said: "Woe to you! The Reward of Allah (in the Hereafter) is better for those who believe and do righteous good deeds, and this none shall attain except those who are As-Sabirun (the patient in following the truth)." (80)

So We caused the earth to swallow him [Karun] and his dwelling place. Then he had no group or party to help him against Allah, nor was he one of those who could save themselves. (81)

And those who had desired (for a position like) his position the day before, began to say: "Know you not that it is Allah Who enlarges the provision or restricts it to whomsoever He pleases of His slaves. Had it not been that Allah was Gracious to us, He could have caused the earth to swallow us up (also)! Know you not that the disbelievers will never be successful. (82)
Hence, wealth and deen are tests for people. The more wealth we have the harder the tests from Allah. Allah does not care for the wealth but the deeds. There is another lesson the story of Karun teaches us: not to be taken by the allure of the temporary riches of this world and of those who possess them. The ones a believer should be inclined to are those who withstand hardships in the way of Allah, those who spend their possessions, and live for the cause of Allah, and those men of faith and wisdom, whose hearts are full of love for Allah. As the Prophet Muhammad (May Allah bless him and grant him peace) said "Allah does not look at your forms and possessions, but He looks at your hearts and your deeds." (Muslim)
Do not let their wealth and Children impress you. Allah merely wants to punish them by them during their life in the world and for them to expire while they are unbelievers. (Surat at-Tawba: 55)

Musa and Bani Israel
Musa* is on the other side and free from Pharaoh! The first thing Bani Israel did after being saved by Musa* was to ask for gods/idols to worship – as they were imitating their society, and there are lessons for us in all these stories. The dangers of imitation and integration as they wanted to be like to successful people because this is what the people did in society. A similar story in the life of the Prophet Muhammed with Dhat Anwaat - a tree where pagan Arabs hung their sword and slaughtered animals beneath.
And We made the people who were considered weak to inherit the eastern parts of the land and the western parts thereof which We have blessed. And the fair Word of your Lord was fulfilled for the Children of Israel, because of their endurance. And We destroyed completely all the great works and buildings which Pharaoh and his people erected (7:137)
And We brought the Children of Israel (with safety) across the sea, and they came upon a people devoted to some of their idols (in worship). They said: "O Musa! Make for us a god as they have gods." He said: "Verily, you are a people who know not (the Majesty and Greatness of Allah and what is obligatory upon you, i.e. to worship none but Allâh Alone, the One and the Only God of all that exists)." (7:138)

[Musa added:] "Verily, these people will be destroyed for that which they are engaged in (idols-worship). And all that they are doing is in vain." He said: "Shall I seek for you a god other than Allah, while He has given you superiority over the 'Alamîn (mankind and jinn)." And (remember) when We rescued you from Pharaoh’s people, who were afflicting you with the worst torment, killing your sons and letting your women live. And in that was a great trial from your Lord. (7:139-141)
In addition, Allah commanded the Prophet Musa* to divide Bani Israel into twelve separate tribes, and shaded them in the desert by a cloud, and provided heavenly food:
We divided them up into twelve tribes. We revealed to Moses, when his people asked him for water: "Strike the rock with your staff." Twelve fountains flowed out from it and all the people knew their drinking place. (7:160)
And We shaded you with clouds and sent down manna and quails to you: "Eat of the good things We have provided for you." They did not wrong Us; rather it was themselves they were wronging. (2: 57)

Main topic: Death (part 2)
Allah has fixed our Ajal (lifespan) and Rizq (wealth). We shouldn’t obsess about eternal youth or money ~ although wealth is fixed the way we earn our Rizq (actions) is in our control – halal or haram earnings. Also, remember the blessing in the money (Barakah) which is intangible.
Al-Khansaa’s story and how belief changes your perspective on death (the only certainty in life):
‘The rising of the sun reminds of Sakhr, I remember him at every sunset, If it were not for the number of those weeping around me, for their brothers, I surely would have killed myself, they do not cry for anyone as dear as my brother, but I console myself by weeping for him, for I have said farewell to the day we separated, father of Hassan, with it my pleasures and happiness, how my sorrows go out to him and my mother, for him to awake in his grave and then to rest at night?’
With these phrases and others like them, Al-Khansaa’ mourned the death of her brother, Sakhr, and cried for him until she lost her eye-sight, falling into anguish, disparity and wishing for death. This is how Al-Khansaa’ saw death and this is how she handled it. In the battle of Al-Qadisiyyah, in an honourable stance of life and death, Al-Khansaa’ stood with her four sons and said to them: “You became Muslim and did not apostatise, and you emigrated and did not turn back, then you came to your old mother and placed her in the hands of the people of Persia. You are the sons of one man, as you are the sons of one woman. I did not betray your father, nor did I disgrace your uncle. Go, and be witnesses of the battle from the beginning to its very end.” All four of her sons were martyred, and when the news reached her she said her famous words: “All praise be to Allah, who honoured me with their death. I ask Him, glory be to He, to join me together with them, in the dwellings of his mercy.”
Our relationship with death and how we react to it are important for Muslims and know that this society discourages people to think/talk about death – and provides ample distractions to the mind (of people).
Other stories about death include:
In Riyadh: It is said that there was a construction that fell down from the seventh floor. He fell on solid concrete. Passers-by were amazed to see that he stood up He jumped up, happy that Allah didn’t take his life. People were amazed. He was so happy that he told everyone, “I’m going to buy you some drinks.” He was crossing the street, disoriented, and a car hit him and killed him. Why didn’t he die from the seventh story? Allah had appointed for him a specific spot and a specific time of day. Allah wanted to bring him to his place of death. Now, this man, when he stood up, he thought that he was given a long life. The last thought on his mind was that he would die in the next moment. If he was saved from that death, then he must have a long life ahead of him.
Also, after every major earthquake in poor countries there are stories of many people dying but the occasional person being pulled from the rubble (barely alive) perhaps an week or two later.
Umm Habibah (the wife of RasulAllah) made a du’a. She said, “O Allah, give me pleasure by giving a long life to my husband RasulAllah and to my father Abu Sufyan and my brother Mu’awiyah.” The Prophet* said to her: “You are supplicating towards Allah in regards to fixed terms and counted days and ordained provisions that are already divided. If you would have asked Allah to save you from the Hell Fire and the punishment of the fire, that would have been better for you.” (Muslim)

The journey of the Soul after death
Al-Bara reported: We went out with the Messenger of Allah*, for the funeral of a man from among the helpers. We came to the grave and when he was placed in the ground, the Messenger of Allah sat down and we sat around him, quiet as if there were birds on our heads. In his hand he had a stick with which he was scratching the ground. Then the Prophet raised his head and said, “Seek refuge with Allah from the torment of the grave,” two or three times. Then he said, “When the believing servant is about to depart this world and enter the Hereafter, angels down to him from heaven with white faces like the sun, and they sit around him as far as the eye can see. They bring with them shrouds from Paradise and perfumes from Paradise. Then the angel of death comes and sits by his head, and he says: O good soul, come forth to forgiveness from Allah and His pleasure. Then it comes out easily like a drop of water from the mouth of a pitcher (jug). When he seizes it, they do not leave it in his hand for an instant before they take it and put it in a shroud with that perfume, and there comes from it a fragrance like the finest musk on the face of the earth. Then they ascend and they do not pass by any group of angels but they say: Who is this good soul? They say: It is so-and-so the son of so-and-so, calling him by the best names with which he was known in this world, until they reach the lowest heaven. They ask for it to be opened and it is opened for them, and the soul is welcomed and accompanied to the next heaven by those who are closest to Allah, until they reach the seventh heaven. Then Allah says: Record the book of My servant in the noble book in the seventh heaven, and return him to the earth;  from it I created them, to it I will return them and from it I will bring them forth once again. So his soul is returned to his body and there come to him two angels who make him sit up and they say to him: Who is your Lord? He says: Allah. They say: What is your religion? He says: My religion is Islam. They say: Who is this man who was sent among you? He says: He is the Messenger of Allah, peace be upon him. They say: What did you do? He says: I read the Book of Allah and I believed in it. Then a voice calls out from heaven: My servant has spoken the truth, so prepare for him a bed from Paradise and clothe him from Paradise, and open for him a gate to Paradise. Then there comes to him some of its fragrance, and his grave is made wide as far as he can see; and then there comes to him a man with a handsome face, handsome clothes and a good fragrance, who says: Receive the glad tidings that will bring you joy this day. He says: Who are you? Your face is a face which brings glad tidings. He says: I am your righteous deeds. He says: O Lord, hasten the Hour so that I may return to my family and my wealth.

However, when the disbelieving servant is about to depart this world and enter the Hereafter, angels come down to him from heaven with black faces, bringing sackcloth, and they sit around him as far as the eye can see. Then the angel of death comes and sits by his head, and he says: O evil soul, come forth to the wrath of Allah and His anger. Then his soul disperses inside his body and comes out cutting the veins and nerves, like a skewer passing through wet wool. When he seizes it, they do not leave it in his hand for an instant before they take it and put it in that sackcloth, and there comes from it a stench like the foulest stench of a dead body on the face of the earth. Then they ascend and they do not pass by any group of angels but that they say: Who is this evil soul? They say: It is so-and-so the son of so-and-so, calling him by the worst names by which he was known in this world, until they reach the lowest heaven. They ask for it to be opened and it is not opened for them.” Then the Messenger of Allah recited the verse, “For them the gates of heaven will not be opened, and they will not enter Paradise until the camel goes through the eye of the needle (7:40).” He continued, “Then Allah says: Record the book of My servant in the evil book in the lowest earth, and return him to the earth; from it I created them, to it I will return them and from it I will bring them forth once again. So his soul is cast down.”  Then the Messenger of Allah recited the verse, “Whoever assigns partners to Allah, it is as if he had fallen from the sky and the birds had snatched him, or the wind had thrown him to a far off place (22:31).” He continued, “Then his soul is returned to his body, and there come to him two angels who make him sit up and they say to him: Who is your Lord? He says: Oh, oh, I don’t know. They say: What is your religion? He says: Oh, oh, I don’t know. Then a voice calls out from heaven: Prepare for him a bed from Hell and clothe him from Hell, and open for him a gate to Hell. Then there comes to him some of its heat and hot winds, and his grave is constricted and compresses him until his ribs interlock. Then there comes to him a man with an ugly face, ugly clothes, and a foul stench, who says: Receive the bad news, for this is the day that you were promised. He says: Who are you? Your face is a face of evil. He says: I am your evil deeds. He says: O Lord, do not let the Hour come! Do not let the Hour come!”
[Musnad Ahmad]

Tuesday, 23 April 2013

21 April 2013

Life of Prophet Nuh (2) and Usul al-Fiqh – Ijtihad (Extracting Laws) 

Summary
Life of Prophet Nuh

The concept of Prophets was new to the people of Earth
Noah's Reasoning with his People and talks about Oneness of Allah
The weak and poor follow Noah
The Leaders of society (Malla) dismiss Noah, because he is not an angel, he is not rich or noble, and won't disown his poor followers
The Leaders of society (Malla) give in and ask for Noah to bring forth Allah's punishment

Who runs society? Who are the modern day ‘Malla’ in society?
a few top politicians, bankers, media owners, top industrialists and some selected police, judges and clergy – and the Royal family in the UK

Main Topic: Usul al-Fiqh - Ijtihad
Ijtihad means exhausting all of one’s efforts in studying a problem thoroughly and seeking a solution for it from the sources of Shari’ah
Person who performs Ijtihad is a Mujtahid; a person who knows the rules of Shari’ah is a Faqih (jurist), Mufti or a Qadi (judge)
Ijtihad cannot be done on clearcut matters or our Aqeeda
Mukallafin (those who are legally responsible) need to know the rules of Islam to enter Jannah. If we are not qualified to do this we should ask experts
Types of Mujtahid
- Mujtahid Mutlaq (Absolute Mujtahid)
- Mujtahid within a Madhab
- Mujtahid in particular issues only (Mujtahid Mas’ala)
Evidences for Ijtihad from the Sunnah are from the Prophet* and Sahabae
Qualifications for performing Ijtihad:
- Muslim male or female of sound mind of intellectual competence
- have deep knowledge of the Arabic language
- Makki and Madani verses, the occasion of their revelation (Asbab al Nuzul) & Tafsir
- knowledge of the Sunnah
- knowledge of Usul al-Fiqh
- aware of the opinions of different Mujtahideen
- a comprehensive knowledge of the issue


Life of Prophet Nuh
Noah's Reasoning with his People
Allah in His Mercy sent His messenger Noah to guide his people. Noah was an excellent speaker and a very patient man. He pointed out to his people the mysteries of life and the wonders of the universe. He pointed out how the night is regularly followed by the day and that the balance between these opposites were designed by Allah the Almighty for our good.
He pointed out that the ownership of the heavens and the earth belongs only to the Divine Creator. Therefore, he explained to this people, there cannot have been more than one deity. He clarified to them how the devil had deceived them for so long and that the time had come for this deceit to stop. Noah spoke to them of Allah's glorification of man, how Allah had created him and provided him with sustenance and the blessings of a mind. He told them that idol worshipping was a suffocating injustice to the mind. He warned them not to worship anyone but Allah and described the terrible punishment Allah would mete out if they continued in their evil ways.
Division Among Noah's People
The people listened to him in silence. His words were a shock to their stagnating minds as it is a shock to a person who is asleep under a wall which is about to fall and who is vigorously awakened. This person may be alarmed and may even become angry although the aim was to save him.
Noah's people were divided into two groups after his warning. His words touched the hearts of the weak, the poor, and the miserable and soothed their wounds with its mercy. As for the rich, the strong, the mighty and the rulers they looked upon the warning with cold distrust. They believed they would be better off if things stayed as they were. Therefore they started their war of words against Noah.
The Disbelievers' Arguments
First they accused Noah of being only human like themselves. “The chiefs of the disbelievers among his people said: “We see you but a man like ourselves.”' (TMQ 11:27) He, however, had never said anything other than that. He asserted that, indeed, he was only a human being; Allah had sent a human messenger because the earth was inhabited by humans. If it had been inhabited by angels Allah would have sent an angelic messenger. The contest between the polytheists and Noah continued. The rulers had thought at first that Noah's call would soon fade on its own. When they found that his call attracted the poor, the helpless and common labourers, they started to verbally attack and taunt him: 'You are only followed by the poor, the meek and the worthless.'
Allah the Almighty told us: “Indeed We sent Noah to his people (he said): “I have come to you as a plain Warner that you worship none but Allah, surely, I fear for you the torment of a painful Day.” the chiefs of the disbelievers among his people said: “We see you but a man like ourselves, nor do we see any follow you but the meanest among us and they too followed you without thinking. And we do not see in you any merit above us in fact we think you are liars.” (TMQ 11:25-27).
The Disbelievers Attempt to Bargain
Thus the conflict between Noah and the heads of his people intensified. The disbelievers tried to bargain: “Listen Noah, if you want us to believe in you, then dismiss your believers. They are meek and poor, while are elite and rich; no faith can include us both.” Noah listened to the heathens of his community and realised they were being obstinate. However, he was gentle in his response. He explained to his people that he could not dismiss the believers as they were not his guests but Allah's. Noah appealed to them: O my people! I ask of you no wealth for it, my reward is from none but Allah. I am not going to drive away those who have believed. Surely, they are going to meet their Lord, but I see that you are a people that are ignorant. O my people! Who will help me against Allah, if I drove them away? Will you not then give a thought? And I do not say to you that with me are the Treasures of Allah nor that I know the unseen, nor do I say I am an angel, and I do not say of those whom your eyes look down upon that Allah will not bestow any good on them. Allah knows what is in their inner selves (regards to Belief). In that case, I should, indeed be one of the Zalimeen (wrongdoers, oppressors etc.).” (TMQ 11:29-31)
Noah refuted the arguments of the disbelievers with the noble knowledge of the prophets. It is the logic of intellect that rids itself of personal pride and interests.
The Disbelievers Remain Ignorant
The rulers were tired of Noah's arguments. Allah the Exalted related their attitude: They said: “O Noah! You have disputed with us and much have you prolonged the dispute with us, now bring upon us what you threaten us with, if you are of the truthful.” He said: “Only Allah will bring it (the punishment) on you, if He will, and then you will escape not. And my advice will not profit you, even if I wish to give you counsel, if Allah's Will is to keep you astray. He is your Lord! And to Him you shall return.” (TMQ 11:32-34)
The battle continued; the arguments between the disbelievers and Noah became prolonged. When all the refutations of the disbelievers collapsed and they had no more to say, they began to be rude and insulted Allah's prophet: “The leaders of his people said: “Verily, we see you in plain error.” (TMQ 7:60) Noah responded in the manner of the prophets: “O my people! There is no error in me, but I am a Messenger from the Lord of the Alamin (mankind, jinn and all that exists)! I convey unto you the Messages of my Lord and give sincere advice to you. And I know from Allah what you know not.” (TMQ 7:61-62)
Noah continued appealing to his people to believe in Allah hour after hour, day after day year after year. He admonished his people and called them to Allah day and night, in secret and openly. HE gave them examples, explained Allah's signs and illustrated Allah's ability in the formation of His creatures. But whenever he called them to Allah, they ran away from him. Whenever he urged them to ask Allah to forgive them, they put their fingers in their ears and became too proud to listen to the truth.
Commentary: Who runs society? Who are the modern day ‘Malla’ in society?
We talked about the people who used to run the society in the times of Noah and the people who are in charge of Modern British society. Although a common understanding of people living in Western Liberal societies (who often refer to themselves and democratic free societies) is that the society is run by the people for the people in the interests of the common person – the reality is that these societies are actually run by a few hundred people for their own benefit! The modern influential people in society are: a few top politicians, bankers, media owners, top industrialists and some selected police, judges and clergy – and the Royal family in the UK! Nest week we will talk more about society and politics inshaAllah.
Main Topic: Usul al-Fiqh - Ijtihad
Ijtihad


Ijtihad is derived from the root word Jahada. Linguistically, it means striving or self-exertion in any activity, which entails a measure of hardship. The scholars defined it as, the total expenditure of effort made by a jurist in order to infer, with a degree of probability, the rules of Shariah from their detailed evidence in the sources. Others add, in a manner the Mujtahid feels unable to exert any more effort’ to this definition. Essentially as a juristic term, Ijtihad means exhausting all of one’s efforts in studying a problem thoroughly and seeking a solution for it from the sources of Shari’ah.
This Usuli definition of Ijtihad was derived from the evidences which discuss Ijtihad and establish its obligation such as the Ahadith mentioned in previous Study Circles. Unfortunately some today believe that Ijtihad is a mere personal reasoning of an individual and have abandoned this definition of the Usuli scholars which had been established for centuries. The consequence of this is that people mistakenly think that Islam doesn’t contain a process to derive rules for modern problems. Therefore, when talking about Ijtihad it is paramount that we refer to the established Usuli definition rather than how the term is misused today.
A person who performs Ijtihad is a Mujtahid; whereas, a person who knows the rules of Shari’ah in detail, but is unable to extract the rules directly from their sources, is not a Mujtahid but rather a Faqih (jurist), Mufti or a Qadi (judge).
The text of the Qur’an and Sunnah which are Qata’i (conclusive) in meaning provide only one understanding. Any Ijtihad on these types of text will render only one meaning. The texts related to issues such as Riba or murder, are clear in their prohibition of these things. No Mujtahid can claim that Riba or murder is allowed, because the text only offers one meaning. To reject these Ahkam or any others established through Qata’i Thuboot and Qata’i Dalalah is Kufr (disbelief) as it would be a rejection of the definitive revealed rule from Allah. Thus those who reject that the five times daily prayer (Salah) are Fara’id (obligations) or that ruling by whatever Allah is revealed is obligatory undoubtedly become Kuffar (disbelievers) even if they were knowledgeable scholars (Ulema) who had committed the entire Qur’an and all the Ahadith (narrations) to memory.
Ijtihad does not occur except in the Ahkam Shar’iah whose daleel is speculative (Dhanni) and not when the rule is decisive (Qata’i).
When it comes to the area in which Ijtihad is permitted it is important to realise that it does not occur after a brief look at the Shar’iah texts, rather it means that the Mujtahid struggles to his utmost in such a manner that the jurist feels an inability to exert himself further in order to derive the Hukm of Allah. If the jurist has failed to discover the evidence which he was capable of discovering, his opinion is void. Therefore if one claimed to have made Ijtihad upon an issue after only studying one text related to it and ignored all other relevant texts even though they were readily available, this would not be considered legitimate Ijtihad.
The issues related to the Aqeedah are based on Adilla Qata’iya (decisive evidences) and there is only one correct understanding for it, not several. Thus, no Mujtahid can deduce another Aqeedah of Islam. There is only one correct view with regards to these matters and anyone who differs from it is a Kafir. Therefore people such as the followers of Mirza Gulam Ahmad Qadian who believe he was a prophet and Salman Rushdie who defamed Muhammad* are definitely Kuffar (disbelievers) and cannot be called Mujtahids at all.
From multiple verses of the Qur’an we understand that Allah has addressed humanity directly. Therefore for the one who has heard the address of the Legislator, Allah - it becomes incumbent on him to believe in it and understand it. It also becomes incumbent on him to act upon it, because it is a Shar’iah rule. So in principle a Muslim should understand the Hukm (rule) of Allah from the speech of the Legislator directly. This is because the speech has been directed at all people by the Legislator and not only at the Mujtahidin or the Ulema but all the Mukallafin (those who are legally responsible). Thus it became an obligation on the Mukallafin to understand this speech so as to be able to act upon it, since it is impossible to act upon the speech without comprehending it. Therefore, the inference (Istinbat) of Allah's Hukm became Fard on all the Mukallifin i.e. Ijtihad became Fard on all the Mukallafin (legally responsible). Consequently, the basis of a Mukallaf (legally responsible) should be that he adopts the Hukm of Allah himself from the speech of the Legislator because he has been addressed by this speech. However, the reality of the Mukallifin (legally responsible) is that there is a disparity in their understanding and comprehension and in their aptitude for learning. They also differ in terms of knowledge and ignorance. Therefore, it is impossible for all of them to deduce Shar’ai rules from the evidences i.e. it is impossible for all Mukallafin to be Mujtahidin. There is a similarity in this respect to other sciences, not everyone can become a doctor, physicist or chemist due to the disparity of people’s aptitude for learning. Hence the obligation of Ijtihad becomes one of sufficiency ('ala al-Kifaya). If some undertake it the rest are absolved of the sin. Therefore, it became obligatory for Mujtahidin to exist in the Ummah who can derive the Shar’iah rules for all situations. Futhermore there are various evidences that prove the permissibility of Taqleed (following the opinions of a Mujtahid), these will be elaborated in later Study Circles (i/A)’.
To say that the doors of Ijtihad are closed is completely incorrect, this was a serious error that some Ulema mistakenly called for in history and clearly contradicts the Shar’iah. The Shar’iah texts exist today as they existed in the past, therefore Ijtihad is not only possible, it is necessary and a Fard ul Kifaya (duty of sufficiency), as proven earlier. The doors of Ijtihad are open but not for the ignorant, they are open until the day of judgement for the people of knowledge who have the capability to perform it as knowledge is the key to the door of Ijtihad.
Types of Mujtahid
A. Mujtahid Mutlaq (Absolute Mujtahid)
The founders of various schools of Islamic Fiqh such as Abu Hanifah, Shafi’i, Ahmad bin Hanbal, Malik, Jafar and others are considered Mujtahideen Mutlaq. This category of Mujtahideen set up their own Usul al-Fiqh to extract the Ahkam (rules) and are not restricted by others i.e. they are independent.
B. Mujtahid within a Madhab
These Mujtahideen follow the Usul al-Fiqh set up by the Mujtahid Mutlaq to extract the Ahkam (rules); e.g. Imam Abu Yusuf adhered to Imam Abu Hanifah’s methodology. These Mujtahideen, within a Madhab, generally followed the guidelines of their respective schools to extract rulings. Nevertheless, they did not consider themselves bound to follow their Imams in the implementation of particular issues. This is borne out by the fact that they have held opinions that were opposed to those of their leading Imams. As a matter of fact, some Mujtahideen such as Imam Abu Yusuf reached to the level of Mujtahid Mutlaq, but didn’t form his own Madhab out of respect for Abu Hanifah.
C. Mujtahid in particular issues only (Mujtahid Mas’ala)
This Mujtahid would be able to handle one single issue while he may be unable to handle another. In other words, the Mujtahid would be able to study the opinion of other jurists and trace their Adilla (evidences) but may be unable to establish new opinions for new issues.
Evidences for Ijtihad from the Sunnah
The Sahabah (ra) used to make Ijtihad in the time of the Messenger of Allah* and differ in their deduction of Ahkams and the Messenger* accepted this. This can be seen in the following incidents:
1) Bukhari narrated from Aisha that when the Prophet* returned from the battle of Khandaq (ditch) and laid down his arms and took a bath. Jibreel came and said, “You have laid down your arms? By Allah, we angels have not laid them down yet. So set out for them.” The Messenger* asked, “where to go?” so Jibreel pointed towards Banu Qurayzah. The Prophet* instructed the Mu`azzin to give Azan and so he announced to the people: “Whosoever believes in Allah and the Day of judgement he should not pray Asr except in Bani Qurayzah.” So they headed towards the fortresses of Bani Qurayzah, however they had different understandings of what the Messenger* had said to them. Some took the literal meaning and they did not pray until they reached Bani Qurayzah after Maghrib. And others took it to mean that they should go there quickly, so they prayed Asr in Madinah or on the way. When the Messenger* heard about this he accepted the action of all them.
2) The saying of the Prophet* when he sent Mu’adh as Qadi to Yemen: “By what will you pass judgement?’ He said: By the Book of Allah. The Prophet* said: If you do not find it there? He said: By the Sunnah of the Messenger of Allah*. He said: And if you do not find it? He said: 'I will exercise my own Ijtihad’. He* said: “Praise be to Allah who has made the messenger of the Messenger of Allah to accord with what Allah and His Messenger loves.”
3) The Hadith of the Messenger*: “If a judge passes judgment and makes Ijtihad and he is right then he will have two rewards. And if he makes a mistake he will have one.”
4) The Messenger of Allah* made Sa’d b. Mu’adh to judge over Bani Qurayzah so he gave the judgment that they should be killed and their offspring to be taken prisoners. The Messenger* said: “You have given a judgment that is from above the seven heavens.”
From these examples we can see that the Sahabah used to make Ijtihad in the time of the Messenger* and that he used to accept their Ijtihads and tell them that the one who got it right will get two rewards while the one who got it wrong will get one.
Evidences for Ijtihad from Ijma as-Sahabah
After the Messenger* there are numerous and elaborate Ijtihads in the time of the Sahabah. Even amongst the general masses Ijtihad was widespread and that was not considered strange because they were the original Arabs who spoke pure Arabic. Once while giving a Khutbah Umar b. Khattab tried to limit the dowry (Mahr) but a women responded from behind the lines by quoting the Ayah: “But if you intend to replace a wife by another and you have given one of them a Qintar (of gold i.e. a great amount) as Mahr, take not the least bit of it back..” (TMQ An-Nisa: 20) She told him from her understanding of the word Qintar which denotes many without restriction that it is not allowed for him to restrict the dowries. He (may Allah be pleased with him) said: “The woman is right and Umar is wrong.”
A famous example of Ijtihad is what Ali (ra) said regarding punishment (Hadd) for the crime of drinking alcohol. He said: “Whoever drinks it will speak nonsense, and who did so would fabricate lies, so I see that he must be punished like the fabricator of lies.” Ali (ra) made an analogy between drinking and fabrication because he understood from Shar’a that it could be considered that which is likely to happen to be the same as that which actually happens.
All these are examples of Ijtihad from the time of the Sahabah and Ijma as-Sahabah on the issue of Ijtihad. The fact that the Companions resorted to Ijtihad in the absence of a text is established by continuous testimony (Tawatur).
Qualifications for performing Ijtihad
The earliest complete account of the qualifications of a Mujtahid is given in Abu' Husayn al-Basri's (d. 436/1044) al-Mu'tamad fi Usul al-Fiqh. The broad outline of al-Basri's exposition was later accepted, with minor changes, by al-Shirazi (d. 467/1083), al-Ghazali (d. 505/1111) and al-Amidi (d. 632/1234). This does not mean that the requirements of Ijtihad received no attention from the Ulema who lived before al-Basri, however they did not see it necessary to lay down the conditions for Ijtihad in this manner.
The Hanafi jurists, Fakhr al-Islam 'Ali b. Muhammad al-Bazdawi (d.483 A.H.) and `Ubaydullah ibn Mas'ud Sadr al-Shar’iah both stated that to perform Ijtihad a jurist should have knowledge of the Qur’an together with its meaning, dictionary and legal, and its various divisions, of the traditions (Hadith) including the texts and authorities thereof, and of the rules of analogical deduction (Qiyas). The following are the qualifications needed to perform Ijtihad, these qualifications are derived from the definition of Ijtihad which is based on specific evidences as explained earlier:
A. The Mujtahid must be a Muslim male or female of sound mind who has attained a high level of intellectual competence.
B. Since the text of the Qur’an and Sunnah were revealed in the Arabic language, Ijtihad can only be performed based on the Arabic text. One must have knowledge of the Arabic language to the extent that it enables a correct understanding of the Qur’an and the Sunnah. A complete command in Arabic is not a requirement for some kinds of Mujtahideen, but the Mujtahid must, at least, know the fine points of the language related to the subject at hand. He must also be able to comprehend the sources accurately and deduce the rule from them. He should know enough by which he can understand the circumstances of the Arabs, the current customary usage in their speech such that he can distinguish the textual indications (Dalaalat al-alfaaz) in terms of the following: congruence (Mutaabaqah), inclusivity (Tadmeen), requisite (Iltizaam), Mufrad (singular), Murakkab (construct), comprehensive (Kulli), partial (Juz’i), Haqeeqah (literal), Majaaz (metaphorical), homonym (Ishtiraak), synonym (Taraaduf), uttered meaning (Mantuq) and implied meaning (Mafhum) etc.
C. The Mujtahid also needs to be knowledgeable of the Qur’an, the Makki and Madani contents of the Qur’an, the occasion of their revelation (Asbab al Nuzul) and must have a full grasp of the legal contents of the Qur’an, but not necessarily of the narratives and parables of the Qur’an and its passages relating to the Hereafter. The knowledge of the Ayat ul Ahkam (verses regarding rules) includes knowledge of the related commentaries (Tafsir) with special reference to the Sunnah and the views of the Sahabah (ra) related to the subject at hand. According to some Ulema, including al-Ghazali, Ibn al-Arabi, and Abu Bakr al-Razi, the legal ayat of the Qur’an which the mujtahid must know amount to about five hundred. Shawkani and others, however observe that a specification of this kind cannot be definitive.
D. The Mujtahid must possess an adequate knowledge of the Sunnah, especially the part relating to his Ijtihad and be familiar with the rulings in the Sunnah. The Mujtahid must also know the incidents of abrogation in the Sunnah and the reliability of the narrators of Hadith.
E. He must have knowledge of Usul al-Fiqh so that he will be acquainted with the procedures for extracting the rulings from the text and the implications.
F. The Mujtahid should be aware of the opinions of different Mujtahideen, if any exist. It is essential for a Mujtahid to be familiar with the Daleels of other Mujtahideen, on a particular issue as how the other Mujtahid understood the Daleel and the issue.
G. Finally, he must have a comprehensive knowledge of the issue on which Ijtihad is being performed. To extract any ruling one has to understand the subject thoroughly. If the Mujtahid does not understand an issue, he is not allowed to do Ijtihad regardless of where he lives. To understand the issue, the Mujtahid can go to experts. For instance, there might be an issue in genetic engineering. To understand the process of genetic engineering, the Mujtahid can go to an expert in this field.
Therefore, these criteria are enough to qualify one to do Ijtihad, and it is incorrect to say that each issue requires the Mujtahid to reside in that environment. The Mujtahid can reside anywhere and do Ijtihad as long as he is familiar with the issue being dealt with. If the Mujtahid is not familiar with the issue, he is not allowed to do Ijtihad, even if the issue occurs in the same environment that the Mujtahid is residing in.

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