120 85 3MB
English Pages 54 [60]
REGULATIONS FOR USING EVIDENCE IN
ASLAMICLAN
O PEOPLE OF THE QIBLAH: COME TO A WORD THAT IS EQUITABLE BETWEEN ALL OF US PAPER 1
Regulations for
Using Evidence In Islamic Law
By Dr. Abdel Hakim El-Sadiq El-Faitouri, Ph.D.
Translated by Dr. Abdalla Yassin Mohamed Mr. Mohammed Ferdous Evans Mr. Ahmed A. Izzideen Al-Samarra’i
Copyright: Al-Firdous All right reserved 2004. No part of this book may be reproduced, stored in retrieval system or transmitted in any form or by any means: electronic, mechanical, photocopying, recording or otherwise without the written permission of the publishers and copyright owner.
2004: First Edition
Written by: Dr. Abdel Hakim El-Sadigq El-Faitouri, Ph.D. Translated by: Dr. Abdalla Yassin Mohamed Mr. Mohammed Ferdous Evans Mr. Ahmed A. Izzideen Al-Samarra’
Cover design: ISBN:
1 874263 08 6
Published and Distributed Al-Firdous Ltd 10 Fonthill Road London | N4 3HX www.al-firdous.co.uk Email: [email protected]
Printed in England by Deluxe Printers, 245-a, Acton Lane
Park Royal, London NW10 7NR email: [email protected]
>
Contents ACKNOWLEDGEMENTS
=)
INTRODUCTION
7
Regulation 1: The authenticity of the evidence in the methodology of the predecessors
11
Regulation 2: The Necessity of Knowing the Aims of Revelation
14
Regulation 3: The Sayings of Scholars have no Sanctity Similar to that of the Clear Text (Nass)
19
Regulation 4: Ijtihad (Independent judgment) is permitted in general, as is Tagleed (adoption - following the opinions of a Madhhab)
23
Regulation 5: In issues of Ijtihaad, the one who differs should not be condemned for his choice.
31
Regulation 6: The error of making Jjtihaad on issues of Akhbaar (authenticity and understanding of narrations) and Ilm (perception and knowledge of matters regarding the hereafter like punishment in the grave, Siraat the Road Over the Hell Fire and the Balancing of Deeds) are
forgivable. Regulation 7: Distinguishing between the Fighin the » period of oppression (weakness) and the Figh in the period of dominant authority Regulation 8: The balance between the obligation of following the Quran & Sunnah and the necessity of keeping the Ummah united Regulation 9: Distinguishing between the error of a scholar and the legal Ijtihad (i.e. the Ijtihaad that is based on a clear text or consensus and which can’ be used as a proof)
Ja
41
45
47
Regulation 10: One should not concern oneself with disagreements on subsidiary issues, but with the avoidance of extremism, narrow-mindedness
and the oppression of those of different opinion.
50
CONCLUSION
53
ACKNOWLEDGEMENTS
:
This paper is originally in Arabic and was the subject of a course delivered twice in the city of Cardiff, Wales. Then some eminent brothers suggested that it should be translated and made public and available for all Muslims, resulting in this booklet before you. I would like to thank these brothers: Dr. Abdalla Yassin Mohamed,
Mr. Mohammed
Evans, and Mr.
Ahmed Al-Samarra'i who translated and edited the English version of this paper. May Allah reward them and accept this effort in the balance of their good deeds. The Author.
&
'
i
se
os
4
au
+;
ee
od
=
a
i
eile
aoe
Ppt
ioe
Aus fe
wee
R=
“fai
preset
s
ise
ri
waallA
rye
ndiies woilt
ia ery ou “A
+)
’
ff
A
’
ee ee
wal
1d sogeiad
—
SITE
of ith. |
“4 ’
iease 1 of! OOF,
we
a
8
4 Le
f
im awe
Rett ¢€
ys
Praise be to Allah, the Lord of the Worlds, and blessings and peace be upon the most noble of the Messengers.
INTRODUCTION This small paper is an attempt to highlight the regulations of using evidences in Islamic law according to the theme and methodology of Ahl us-Sunnah w'al Jamaa'ah. This may be possible through distinguishing between the texts of the Quran & Sunnah and the sayings of scholars; and between the areas of full agreement or consensus and the sources of Ijtihad; and between the Fiqh of Minorities in times of weakness and the Figh of Dominance & Authority; and the balance between the obligation of following the Sunnah and the necessity of keeping to Jama'atu Al-Muslimin (the united Ummah).
The purpose of this work is to alert the bearers of the Da'wah in the West to the necessity of distinguishing between a clear text or an authentic consensus (which constitute the sacred texts) and the following: the issues of Ijtihaad, cases regarding subsidiary issues, identification of manta -anchor- or the basis of Islamic rulings and where to implement them. the variation in prioritising the means and methods of Da'wah. This may encourage co-operation between Muslims to promote
iv
the Islamic Da'wah with a spirit characterised by the real meanings of both Ahl us Sunnah and Ahl ul Jamaa'a. In fact, this is to fulfil one of the intended aims of the words of Allah:
"And hold firmly to the rope of Allah altogether and do not become divided" [3/103], and to keep away from dividing, repulsion, enmity, and fighting that totally waste the power of the Ummah. As Allah said: "And obey Allah and His Messenger, and do not dispute and [thus] lose courage and [then] your strength would depart; and be patient. Indeed, Allah is with the patient." [8/46]. The references for this paper were carefully selected from historical periods that have similarities to our time regarding the weakness of the Ummah, the challenges, and the dangers
from outside.
The layout of this paper includes an introduction, ten important regulations for using evidence in Islamic law, and conclusions. Regulation 1: The authenticity of the evidence in the methodology of the predecessors: This rule implies that the evidence to which the person should commit. himself concerns two things only, a clear (unambiguous) text or an authentic consensus. Regulation 2: Necessity of Knowing the Aims of Revelation.
Regulation 3: The Sayings of Scholars have no Sanctity Similar to that of the Text "Nass". Regulation 4: Independent judgment (Ijtihaad) is permitted in general, as is Adoption (Tagleed =following the opinions of a Madhhab).
Regulation 5: In issues of Ijtihaad, the one who differs should not be condemned for his choice. Regulation 6: The error in making Ijtihaad on issues of News (authenticity and understanding of narrations) and Knowledge (e.g. perception of matters regarding the hereafter like punishment in the grave, the Road Over the Hell Fire and the Balancing of Deeds). Regulation 7: Distinguishing between the Figh in the period of oppression (weakness) and the Figh in the period of dominant authority.
Regulation 8: The balance between the obligation of following the Quran & Sunnah and the necessity of the Ummah being united. Regulation 9: Distinguishing between the error of a scholar and the legal Ijtihad. Regulation 10: One should not concern oneself with disagreements on subsidiary issues, but with the avoidance of extremism, narrow-mindedness and the oppression of those who have a different opinion.
ie Le Me ti
t>
SM
vy
Spe
oheee
mi ow
ma.{
¥
er
veer
In the Name of Allah Most Beneficent Most Merciful, Praise be to Allah the Lord of the worlds, blessings and peace be upon the most noble of the Messengers
Regulation I: The authenticity of the evidence in the methodology of the predecessors: This rule implies that the evidence to which the person should commit himself concerns two things only: A clear (unambiguous) text or an authentic consensus. The Meaning of CLEAR TEXT: This is a clear text from the book of Allah, or the Sunnah
(tradition) of His Messenger (PPBUH) regarding an issue of belief, worship, or normal life. As Allah said:
"And ifyou disagree over anything, refer it to Allah and the Messenger." Q:4.59. The Prophet (PPBUH) said:
"I have left with you two matters. As long as you hold firm to them, you will never go astray after me - the book of Allah and my Sunnah." The Meaning of AUTHENTIC CONSENSUS (Ijma'a): First: a consensus that has an authentic ascription. Second: a consensus which is agreed upon. Third: There is no one
11
objecting to it. The Prophet said: "My Ummah will not have unanimous agreement on an error." The scholars of the Salaf and the Khalaf agreed upon the authoritativeness of Ijma'a. Shaikh ul Islam Ibn Taymiyyah acknowledged this, saying: "The religion of Muslims is established on following the book of Allah, the Sunnah of His Messenger , and what the Ummah agreed upon. These three are protected sources." (1).
All of these should be approached according to the methodology of the pious predecessors, i.e. the way of the companions and the great Imams who are well established in the methods of reasoning and articulation of evidence, as well as in the rules of understanding and drawing conclusions. The Prophet said: "Keep to my Sunnah and to the Sunnah of the rightly guided Caliphs after me." He also said:
"Follow the guidance of those who are after me, Abu Bakr and Umar."
Reference: 1- Majmua' Fatawa Ibn Taymiyyah: Shaykh Al-Islam Ibn Taymiyyah.
12
Therefore, there is no disagreement on that: whatever the Ummah agreed upon from the perfect issues of the Shari'a and the definitive issues of this religion, were all related either by a clear text or by an authentic consensus. Therefore, these issues deserve the acceptance and willing obedience of the Ummah and it is unlawful for anyone to deviate from them.
13
Regulation 2: The Necessity of Knowing the Aims of Revelation: Undoubtedly, the one who does not know the aims of revelation, the causes or reasons of rulings, the grounds or basis for setting Islamic rulings, consideration of the consequences of rulings, and evaluation of the benefits and harms, and the knowledge of the best of the two good options and the worst of the two bad options, may cause corruption more than benefit and his evil may affect others. This is applicable to all levels, whether for individuals or groups, because the aims of the Message of the Prophet Muhammad and its reasons of revelation were meant to emphasize and perfect the benefits for people, as well as to reduce and stop the causes of corruption | and evil. Sheikh ul Islam Ibn Taymiyyah affirmed this fact, saying: "Messengers were sent (with messages that aim) to bring and perfect the good and to stop evil and corruption reduce them as much as possible." (1) He emphasized the importance of this and said: "The Shari'ah or Islamic law in its structure is based on bringing good (things) and perfecting them, and stopping evil and corruption and reducing them." (2)
Even more, he considered the knowledge of the aim of revelation of Quran and the aims of the message (of Islam) as the entire religion:
14
"Indeed the religion is performing good deeds and refraining from misdeeds and corruption." (3). He also emphasized in another place, the importance considering consequences in the Islamic law:
of
"The preponderance of the deed becomes evident by the preponderance of its consequence or outcome." (4). He pointed to the importance of the knowledge of the aims of revelation, indicating that it is one of the important fundamentals of Islamic Law (Shari'ah): "One of the fundamentals of the Islamic law 1s that if the good and corruption co-existed in one issue, the most .preponderant is considered." (5).
He also affirmed the importance of the jurisprudence of comparison and counterbalance and the knowledge of the better of the two good options, and the worst of the two bad options.
In fact he went further than that when he affirmed this great principle and said: "The greater harm should be avoided by tolerating the lesser one."
(6).
He also said:
"If it is impossible to perform the two obligations
15
together, the most preponderant is put before the other, which is dropped according to the Islamic law." (7). The learned Shah Wali-U-Allah Al-Dahlawi importance of this regulation by saying:
affirmed the
"Regarding the knowledge of the aims upon which the rulings are established, this is a delicate kind of knowledge that only the highly intelligent one whose understanding is correct will be able to deal with." (8).
Ibn Al Qayyim, in considering the prevalence of what is good and taking into account the consequences of matters said: "Verily, the Prophet legislated for his Ummah the obligation of forbidding the evil so that by forbidding it, something good and beloved to Allah and His Messenger will happen. Therefore, if forbidding the evil would certainly result in something more evil than it and more hateful to Allah and His Messenger, then forbidding it is not allowed, even if Allah hates it and dislikes those who do it...."
"And the one who considers the major and minor trials and tribulations that happened to Islam, will find them caused by ignoring this fundament and the lack of patience regarding the cessation of an evil whose elimination was demanded, therefore it resulted in what
is worse than it. The Prophet used to see in Makkah the biggest forms of evil and could not change them. Yet,
when Allah conquered Makkah and it became a land of
16
Islam, the Prophet intended to change The Ka'aba and restore the foundations of Ibrahim. But he stopped doing that, although he was able to, for the fear that something more serious than it may happen and that Quraish may not tolerate it because they were new to Islam and had just left disbelief. For this reason he did not permit forbidding leaders physically, as its consequences were more serious than leaving it." (9). Ibn Al Qayyim related that Ibn Taymiyyah said: "I and some of my companions, during the time of the Tartars, came across some of them drinking alcohol. One of those who were with me wanted to prevent them, but I disallowed him and said to him: Indeed Allah made alcohol unlawful because it diverts from remembrance of Allah and from the prayer, as for these,
it diverts them from killing (taking) souls, leading children to captive, and taking (forcibly) wealth (of others), so leave them." (10).
Sheikh ul Islam Ibn Taymiyyah said: "In fact, a command or interdiction, even though it
entails obtaining good or driving away evil, should take into account the contrary to it. If the good that will be lost or the evil that results from it is greater, i.e. its corruption is more than its good, it should not be enjoined rather it has to be prohibited and considered unlawful. In this case, the consideration of the good and corruption must be evaluated by the balance ofthe
17
Islamic law." (11).
There is no objection by the scholars that the evaluation of the consequent good and evil of matters is to be assessed by the Islamic law, and this matter is one of the delicate issues of Fiqh which must be left for those who are firm in the knowledge of Shari'a and acquainted with the reality of matters. There is no room here for ignorant or semi-educated people.
References: 1-
Majmua' Fatawa Ibn Taymiyyah: Shaykh Al-Islam Ibn Taymiyyah,
234567891011-
Ibid., 10/512. Ibid., 10/466. Ibid., 4/441. Ibid., 10/512. Ibid., 20/539. Ibid., 23/250. Hujjatu Allah Albaliqah: Shah Waliu-Allah Al-Dahlawi; 1/395. A'alamu Al-Miwagga'een: Ibn Qayyim Al-Jawziyyah; 3/15-16. Ibid., 3/15-16. Majmua!' Fatawa Ibn Taymiyyah: Shaykh Al-Islam Ibn Taymiyyah, 28/29.
8/94,
.
18
Regulation 3: The Sayings of Scholars have no Sanctity Similar to that of the Clear Text (Nass): This is because Allah said:
"And Allah decides; there is no adjuster to His decision." 13/41. The Quranic or Prophetic text has the sanctity, and its force and validity are unrestricted by time, human, or place, because they came from the Wise, the Knowing, glory be to Him, the Knower of the Unseen. Regarding the sayings of the scholars, as acknowledged by the companions of the Prophet (pbuh) and the Salaf of this Ummah, there is an example concerning Ibn Abbas. On hearing ibn Abbas recite a particular verse, some people said to him: Abu Bakr and Umar said "so and so". Ibn Abbas replied: "I say to you what Allah said, and you say what Abu Bar said or Umar said!! I fear that stones will fall on you from the sky." Converging articles from the four Imams as well as texts from the people of knowledge confirmed that the statement or saying of anyone may be accepted or rejected except the Messenger of Allah (S).
Imam Abu Haneefa, may Allah’s mercy be upon him, said: "The one who does not know my evidence, should not use my words in giving Fatawa." (1). In another position Imam Abu Haneefa said to a man who asked him about following (Taqleed) the sayings of scholars
19
(i.e. similar to the Sacred Text):
I say to you: the Messenger of Allah (s) said (such and such), and you say to me: Ibrahim El-Nakh'ee said! You just deserve to be locked up and not released until you deny what you said." Previous reference. (2). Imam Al Shaafi’i said:
"If the Hadith is authentic, then it is my Madhhab." Imam Malik said that the words of all those after the Prophet (S) may be taken or left, except the Prophet (S). Imam Ahmad said:
"The opinion of Al Awzaa'i, the opinion of Malik, and
the opinion of Abi Haneefa are opinions. The evidence is in the Aathar (texts). Abu Yusuf, Zafar and other Imams of the Ahnaf used to say: "It is not lawful for one to use our sayings in making Fatwa without knowing the source (and evidence) of it."
(3).
This is because the sayings of the scholars and their fatawa (verdicts) have no sanctity, universality, or generalization like that of the Nass (text). In fact, their sayings need to be supported by evidence and not to be used as evidence, as Ibn Taymiyyah said:
20
"The sayings of scholars need to be supported by evidence of Islamic law, and not to be used as evidence for the Islamic law." (4).
Therefore, their sayings should not be considered as solid grounds for beliefs such as loyalty and disownment or desertion and intimacy (al Wala wa'l Bara), since the reference for all this should be the Book and the Sunnah (A clear text or an authentic consensus).
Sheikh ul Islam Ibn Taymiyyah said: "The sayings of the scholars follow the words of Allah and His Messenger. The words of Allah and His Messenger should not follow their sayings." (5). No one after the Prophet has infallibility, except for the consensus of the Ummah, and the words of anyone other than the Prophet may be taken or left. The articles of the Imams elaborated on this as mentioned before.
References: b z 3. 4.
a
Hujjatu Allah Albaliqah: Shah Waliu-Allah Al-Dahlawi; 1/451. Ibid., 1/431. Ibid., 1/452. Majmua' Fatawa Ibn Taymiyyah: Shaykh Al-Islam Ibn Taymiyyah, 26/202. Ibid., 7/35.
21
) ~
“zie } *
y
. ol
x
’ t
\ uf
wht
194
_——
Ayia
roar ratte
4
ied ce
Me OP Gia e,
us“
li if st
Me
avad SE
be wy Whee Antes (hema),
heb IO
Difhe®
504 Lies
it.
pl
a
: Ay
=s1)
Tote
t Paty Ade
in
y
Regulation 4: Ijtihad (Independent judgment) is permitted in general, as is Zagleed (adoption following the opinions of a Madhhab). First: Definition of Ijtihad, Independent Judgment: In Arabic, Jjtihad is taken from jahd/juhd; Jahd= difficulty;
Juhd= power and capacity. In Figh Terminology Jjtihad is Exploitation of the capacity by the Fageeh (scholar) to attain an opinion about.a legislative (shar’i) ruling. This definition excludes: "
The Jjtihad of the one who falls short in his /jtihad, with the possibility of doing more, because ofthe lack of exploitation of the capacity. The exploitation of the capacity by a non-Fagech, since it is not called /jtihad in fiqh terminology. The Fageeh is the one who is capable of drawing practical Islamic rulings from the detailed evidence through the tools of Tjtihad available for him. The clear and definitive issues of the Shari'ah that the Ummah agreed upon are not places for Ijtihad, as Ijtihad should be in uncertain issues.
Second: Conditions for Ijtihad: Having the knowledge of the texts for ruling in the 1. Qur’an and Sunnah. Having the knowledge of the areas where there is /jma‘a 2. (consensus) and areas where there is disagreement. Having the knowledge of Arabic language and grammar. sf Having the knowledge of the fundamentals of Islamic jurisprudence.
23
5:
Understanding the aims of Shari’ah (Islamic law).
The learned Shah Wali-U-Allah who is an Imam from the Ahnaf listed these characters of the Mujtahid by saying: "The Mujtahid is the one who has five kinds of knowledge: the knowledge of the Book of Allah, the knowledge of the Sunnah of the Prophet (s), the knowledge of the opinions of the scholars of the Salaf and where they agreed and disagreed, the knowledge of the Arabic language, and the knowledge of Qiyaas, which is the way of extracting the rule when the Mujtahid could not find it clearly in the Book of Allah, the Sunnah, or in Consensus; if he is learned in each of the above, then he is a Mujtahid." (2).
Third: Defining Taqleed: In Arabic Language: A term referring to hanging enething on another; like garlanding a she-camel (in Sura Almai'dah: 5/2) where something is hung on its body to show that it is a sacrificial animal.
In Figh Terminology: Scholars of Usool-ul Fiqh (Fundamentals of Islamic Jurisprudence) have two ways of defining it: The first: Acting according to the saying of someone without evidence supporting it. Al Shawkani said:
"In fiqh terminology, it is acting according to the saying of someone without an evidence; this excludes acting according to the saying of the Messenger of Allah, acting with consensus, the return of the layman to the
24
Mufti (figh practitioner), and the reference of the judge to the witness of trustworthy men, since evidence is established for all of these." (2).
Ibn Al Hajib mentioned in his Mukhtasar and Al Aamidi in AlAhkam something similar to the statement of Al Shawkani. The Second: Taking the saying (or rule) without knowing the evidence for it. This is the definition accepted for the term Taqleed by the late scholars of Usool-ul Figh, and it is the one about which contests and disputes occurred. Many writers among the people of knowledge wrote to clarify what may be accepted from it and what should not be accepted.
The difference between the two ways of defining Taugleed is clear: The first definition concerns whether there is evidence or not regarding the position of the Muqallid (the person who practices 7aqleed) and this definition addresses only the invalid Taqleed. Therefore, they gave examples for it, like accepting the saying of a layman, or the Mujtahid (the one who practice Ijtihad) who accepts the saying of an equivalent Mujtahid while he is able to investigate the evidence.
But the second definition concerns the extent to which the Mugallid knows the evidence used by the Mujtahid. Therefore, it is comprehensive and includes the two kinds of Tagleed, the true and the corrupted. This means that if Tagleed is practiced by a layman who cannot investigate the evidence of Shari'ah and produce rulings from them, then his Taqleed is valid, but if
25
it was practiced by one of the people of knowledge who are and _ extracting (evidence) of investigating capable (conclusions), then his Zaqleed is invalid. Therefore, the return of the layman to the people of knowledge is not a Taqleed in the sense of the first definition, because of the collective evidence that requires the laymen to return to the people of knowledge (So ask the people of knowledge if you do not know), Alnahl 16/43. Therefore, their work does not lack evidence or competent authority, but it is considered Taqleed according to the second definition because they do not know the detailed evidence according to which the Mujtahid gave the ' verdict (Fatwa).
Legitimacy in Islamic Law of Tagleed for Laymen or Ordinary People: No one from the people of knowledge, whose saying is considered as support, has any contention regarding the legitimacy of Tagleed for ordinary people who are incapable of investigating the evidence of Islamic law and producing legitimate Islamic rulings from them. There is full agreement on this level of understanding by the Salaf, the Khalaf (successors), and the contemporary scholars.
Sheikh ul Islam Ibn Taymiyyah said: "The opinion of the majority of the scholars of the Ummah is that Ijtihad is permitted in general, and Taqleed is permitted in general; they do not enforce Ijtihad as a must for everyone and make Taqleed unlawful; rather they consider Ijtihad as permitted for
26
the one who is capable for it, and Taqleed as permitted for the one who is not capable of Ijtihad." (3).
Imam_ Wali-U-Allah Al-Dahlawi, conditions of the Mujtahid, said:
after
mentioning
the
"And if he did not know any one of these kinds (of knowledge), his way should be Taqleed (following)." (4). 5. The ‘Ordinary Person’ has no authority to have a Madhhab of his own: It is worthy to mention here that the ordinary person has no authority to have a Madhhab of his own, but his Madhhab is the Madhhab of the one who gave him the Fatwa. This is because the Madhhab should not be except for the one who has performed some sort of inspection and extraction of evidence and is knowledgeable of the other Madhhabs; or for the one who studied the literature of a certain Madhhab and received the knowledge of the Fatawa of his Imam and his sayings. As for the one who is not at all qualified for this and instead saying: I am a Shaafi'ee, or Hanbali, or whatever, he will not be so just
by claiming to be, just as if he said: I am a scholar of Figh, or an author, he will not be so just by uttering those words.
So, if the ordinary person has no authority to have a Madhhab of his own, he must follow whoever may be from the scholars of any Madhhab. The people from the time of the companions until the four Madhahib appeared, used to follow whoever they wished from the scholars, without objection from anyone whose objection is considered; and if this kind of following was
al
false, they would have denied and rejected it.
Sheikh ul Islam Ibn Taymiyyah said: "If a disaster struck the Muslim, he would seek the
fatwa from the one he believes will give a fatwa according to the Shari'ah of Allah and His Messenger (S), from whichever Madhhab that fatwa may be. And it is not amust for anyone from the Muslims to be committed only to one Madhhab of one certain person except following the Messenger of Allah in whatever he made Wajib (a must) and told about." (5). Ibn Al Qayyim said:
"We certainly know that in the time of the Companions, there was not asingle man who chose another companion to follow him in all his sayings, without abandoning anything from them and hence rejected the sayings of the others. And we certainly know that this did not happen in the time of the Tabi'een (those who came after the companions), or those who came after the Tabi'een. So let the Muqallids (those who follow a single man in all his sayings and do not abandon anything from them and abandon the sayings of the others) prove that we are wrong and lied by showing us a single man who did like what they did in the virtuous times as described by the words of the Prophet (S). In fact, this innovation happened in the fourth generation of Muslims, a generation not included in the Prophet's (S) praise of the early generations. (6).
28
Imam Wali-U-Allah, after discussing the opinions of the scholars regarding the unlawfulness of the layman to shift from one Madhhab to another, he said: "Mostly, (rulings) like these are restrictions from the scholars to stop people from seeking Rukhas (permissions), otherwise the layman in each issue would
take the lightest opinion of any Mujtahid. However, I do not know anything from the (sacred) Text or Reason that disallows this act (i.e. taking the lightest opinion)." (7). Definition of Ittiba’a (Following): Ittiba'a or Following is an intermediate level between the rank of Ijtihad and the ground level of being an uneducated or ordinary person. It means that you follow the one according to what becomes clear for you from the virtue of his saying and correctness of his Madhhab. Some of the contemporary scholars agreed to give this level the term Ittiba'a, and they have reasons for this from rational logic and from the writings of some of the people of knowledge.
Regarding rational logic: looking into the ranks of people one may find among them the one who is capable of investigation and extraction (of evidence and rulings) and this is the Mujtahid. Secondly, there is the one who is totally incapable of that and this is the Muqallid. Between these one will find a third type: on the one hand he has no capacity for independent research and the production of rulings from evidence, and on the other hand he has the ability to understand the arguments and evidence and has an understanding and insight into the knowledge he receives. Categorizing this person with the people of Ijtihaad is not fair for them, and categorizing him
29
with the ordinary people is not fair for him. Therefore this level is conventionally called Ittiba'a. (Refer to the writing of Al Albani in this, which is quoted by Mohammed Ibn Eid Al Abbasi in his book: Bida't Al-Ta'assub Al- Madhhabi: 33). As for the writings of the people of knowledge, Abu Amr Ibn Abd Al Barr said in his book Jami’a Al-Ilm wa Fadh’lih: "Chapter on Falsehood of Taqleed and its Negation, and the Difference between Taqleed and Ittiba'a: For some of the scholars, Taqleed is different from Ittiba‘a,
because Ittiba'a is to follow the one according to what became clear to you from the. virtue of saying and the correctness of his Madhhab, and Taqleed is to take what he said without knowing the reason for the saying or its meaning." (8).
References: 1. Ps 3.
Iqd-el-Jeed fi Ahkam Al-Ijtihad wa Al-Taqleed, by Imam Shah Wali-U-Allah Al-Dahlawi; (5). Irshad al Fuhool, by Imam Al Shawkani; 265. Majmua' Fatawa Ibn Taymiyyah: Shaykh Al-Islam Ibn Taymiyyah;
4.
20/304. Iqd-el-Jeed fi Ankam Al-Ijtihad wa Al-Taqleed, by Imam Shah
a
Wali-U-Allah Al-Dahlawi; (5). Majmua' Fatawa Ibn Taymiyyah: Shaykh Al-Islam Ibn Taymiyyah;
6. 78
20/208-209. A'alamu Al-Miwagga'een: Ibn Qayyim Al-Jawziyyah; 2/208. Iqd-el-Jeed fi Ahkam Al-Ijtihad wa Al-Taqleed, by Imam Shah Wali-U-Allah Al-Dahlawi; (6).
8.
Jami'a Al-Ilm wa Fadhlih, By Abu Amr Ibn Abd Al Barr; 2/117.
30
Regulation
5: In issues of [jtihaad, the one who
differs should not be condemned for his choice. Differences in issues that can only be resolved by Jjtihaad should never be the cause of condemnation. The criteria for differing should be based on the Qur’an and Sunnah. They should be discussed with evidence and scientific arguments, so the one who could see the preponderance of one of the two sayings should act upon it, whether this was done through Tjtihad if the person is a Mujtahid, or through an acceptable Taqleed if the person is not a scholar. Imam Al Suyuti regarded this as one of the general principles of Figh and said: "Issues of disagreement (between Imams) should not be subjects of condemnation,as the subjects of condemnation are the issues of full agreement." (J). Imam Sadr Al Din Ali ibn Abi Al-Izz, the Hanafi, regarding this issue said: "If the dispute between the Ummah in both fundamental and subsidiary issues was not referred to the Book of Allah and the Sunnah of His Messenger, the truth would not be clear. Rather the contestants would not be upon clear evidence regarding their matter. If Allah gave them mercy, they would acknowledge each other's (evidence), and no one of them would wrong the other, as was the case with the companions at the time of Umar and Uthman when a dispute in some of the issues of Ijtihad arose. They would acknowledge one another without any oppression. But if they were not given
31
mercy, the dispraised kind of dispute would happen."
(2). Sheikh ul Islam Ibn Taymiyyah was asked about the one who adopts the opinion of some of the scholars on issues of Ijtihad: should he be condemned or deserted? And also, about the one
who acts on one of the two opinions. He answered: "Praise be to Allah: (In) the issues of Ijtihaad, the one who acts upon the saying of some of the scholars should not be condemned nor deserted; and the one who acts
upon one of the sayings should not be condemned. If there are two opinions about the issue and one could see the preponderance of one of them, he should act according to it. Otherwise he should follow one of the scholars who are trusted in showing the more preponderant of the two sayings." (3).
In another place he said: "As for the one who could see the prevalence of one Islamic leader over another or of a Sheikh over another,
according to his own Ijtihaad, as (for example) when Muslims argued which is better: repeating with the Adhaan (call to prayers) or leaving it; reading Iqgaamah phrases once or twice; praying the Fajr when it is still dark or when the light of dawn appears; whether to read Qunoot (special supplications) in the Fajr prayer or to leave it; whether to read the Basmalah (Bimi Allah AlRahman Al-Rahim) aloud, subdued, or leaving it; and likewise. These are problems of Ijtihaad over which the
32
Salaf and the Leaders disputed and every one of them approved the Ijtihad of the other. The one who attained the truth will have two rewards and the one who erred will have one reward and his error is forgiven. Therefore, the one who sees that the best is to follow Al-
Shafi'i would not deny the position of the one who sees that the best is to follow Malik, and the one who sees
that following Ahmed is the best, would not deny the position of the one who sees that following Al-Shafi'i is the best and so forth." (4).
Al-Nawawi, commenting on the Hadith related by Muslim: "He of you who sees evil should change it (stop it) with his hand.." said: "Indeed the scholars would deny and forbid what the Leaders (Imaams) agreed upon (as Munkar or a matter to be forbidden), but regarding the issues disagreed upon there should be no forbidding.....But if the denial is made in a form of advice (Nasiha) to avoid dispute (Khilaaf), then it is good, acceptable, and recommended,
as the scholars agreed upon encouraging the leaving of disputes unless they entail violating a Sunnah or falling into another dispute."
Sheikh Muhammad Ibn Abdul Wahhab emphasized this meaning in his talk about Tawassul (To draw near to what one seeks after and to approach that which one desires) He said: "Since some of the scholars allowed Jawassul (to Allah (S) with the righteous people, and some considered it to
33
apply in particular to the Prophet and the majority of the scholars forbade it and disliked it. Therefore, this
question is one of the issues of fiqh. Although the correct position, in our opinion, is the saying of the Jumhoor (majority of the scholars) that it is Makrooh (disliked), we do not deny and condemn the one who did it, and there is no denial and condemnation in the
issues of Ijtihad." (6).
nn
nL
References:
i, 2
Al Ashbah wa'l Nadha'ir: Imam Al-Sayouti; 158. Al-Aqeedah Al-Tahaweeyah: Imam Sadr Al Din Ali ibn Abi Al-Izz, the Hanafi; 288.
a
Majmua' Fatawa Ibn Taymiyyah: Shaykh Al-Islam Ibn Taymiyyah; 20/207. Ibid., 20/292. Sahih Muslim, Al-Nawawi commentatory; 2/23. Al-Shiekh's publications, Division 3, Fatawa: 68.
34
Regulation 6: The error of making Jjtihaad on issues of Akhbaar (authenticity and understanding of narrations) and J/m (perception and knowledge of matters regarding the hereafter like punishment in the grave, Siraat the Road Over the Hell Fire and the Balancing of Deeds) are forgivable. Allah said, relating the words of the believers:
"Our Lord, do not impose blame upon us if we have forgotten or erred." 2/286. And the Prophet (S) said:
"My Ummah is not accountable for error, forgetting, and what they are compelled to do." This regards not only the categories of deeds, as some people may think. It is important to differentiate between the one who makes an error in interpreting one of the attributes of Allah, and the one who adheres to the party that is grouped on the basis of interpreting and/or rejecting all attributes. It is related from some of the Salaf their rejection of seeing Allah, based on interpreting the verse: "Visions perceive Him not, but He perceives [all] visions";
and some of them (the Salaf) rejected that Allah might be amazed for they believe that amazement results from ignorance
35
and that Allah is far above that; and to some of them the denial
that Allah would will the occurrence of sins for they believe that willing necessarily includes accepting and loving and Allah will not be pleased with disbelieving and iniquity; and so forth from the subdivisions of the issues of knowledge in which their error would not put them outside the fold of Ahl ul Sunnah wa'l Jamaa'a.
Therefore it is important to differentiate between making a partial error, and adhering to the party based on a general principle different from that of Saved Party; and Allah, indeed, has already set for everything a decreed extent. ' Sheikh Al-Islam Ibn Taymiyyah said: "The forgiven error in Ijtihaad considers two kinds of issues: Ilm (knowledge) and Akhbaar (news), as presented in more than a place, like the one who believed the certainty of something based on the evidence (text) of a verse or Hadith, without knowing that there is another text against it which clarifies the point.
The following examples may illustrate this case: "The person who believed that Ishaaq was the slaughtered one based on a Hadith that he believed to be authentic; "The one who believed that Allah would not be seen, based on the verse:
36
"Vision perceive Him not," and for His words: "And it is not for any human being that Allah should speak to him except by revelation or from behind a partition," since Aisha used these two verses as evidence for the impossibility for the Prophet (S) to see Allah (AW). Yet they generally refer to this meaning. Also it is related by Mujaahid and Abi Saalih that some of the successors (Taabi'een) held that Allah would not be seen, interpreting the verse: "[Some] faces, that day, will be radiant, looking at their
Lord," saying: they will be looking at the reward from their Lord. "The one who believed (contrary to the authentic narration) that the dead person would not be punished for the crying of someone alive, believing that the words of Allah (AW): "And no bearer of burdens will bear the burden of another" is evidence for it. A group from the Salaf and Khalaf believed that it should be considered superior to the narration (Hadith), since hearing may err. "The one who believed that the dead person does not hear the talking of the living one, based on his belief that the verse: "Indeed, you will not make the dead hear," is general and hence it is evidence for it; or the one who believed, as
Shoraih did, that Allah(AW) would not be amazed, thinking that ignorance of the cause is reason for being amazed and Allah (A) is far above ignorance. "The one who believed that Ali (R) is the best of the companions based on his belief in the authenticity of the Hadith that the Prophet (S) said: " O Allah bring me the most beloved
37
of your creation to You to eat this bird with me." "The one who believed that some words or verses are not from the Holy Quran because for him that was not confirmed through authentic narration. For example, more than one of the Salaf related that some of them rejected some words of the Quran like "And your Lord has decreed that," [17/23] and said that in fact it is "And your Lord has enjoined." Also, the rejection by some them of His words: "And [recall when Allah] took the covenant of the Prophets," [3/81] saying that it is the covenant of the children of Israel as in the Qira'ah (way of reading Quran) of Abdullah. And the rejection of some of them the words: "Then have those who believed not accepted that?" saying "Is it not clear for those who have believed that?" and many similar rejections and conflicts until Uthman (R) united them all upon the Mushaf.
Similarly, a group from the Salaf and the Khalaf rejected that Allah may will sins (to occur), based on their belief that it means that Allah likes them, accepts them, and enjoins them. Another group from the Salaf and the Khalaf rejected that Allah may not will sins to occur, based on their belief that 'wil/’ could only mean the ‘desire’ to create sins, as they knew that Allah is the Creator of everything, and that whatever Allah wills will happen, and nothing could happen without His will; in the Holy Quran the term /radah (will, desire, decree) is "mentioned in this sense, but each group knew only one meaning and rejected the other. "Similarly, the one who said to his family: "if I die, burn
38
my body and scatter my ash in the sea. By Allah, if Allah could get me, He would torment me like no anyone else."
: Similar to that is what a group from the Salaf mentioned about the verse: "Does he think that never will anyone overcome?" [90/5]; and the saying of the disciples of Prophet Isa: "can your Lord send down to us a table [spread with food] from the heaven?" [5/112]; or like the companions who asked the prophet (S): Will we see our Lord in the Day of Resurrection? They did not know that they will see Him. Most of the people of today do not know that either, due to the Hadiths not being known to them or because they have rejected it as weak. (1).
In another position he said: "And I affirm that Allah has already forgiven for this Ummah its error, and this covers the narrative Akhbaar and the issues of Amal= work." (2).
issues
of
References:
I.
2.
Majmua' Fatawa Ibn Taymiyyah: Shaykh Al-Islam Ibn Taymiyyah; 20/34-36. Ibid., 3/229
39
eI
| MY
F
7
-
’
J
ry
ini’
gh
+s
y
er
it reg
en! ait
paemin:
nS t
Keg
inany maa
.
an 4
iy J
gota
ere > the
|
nl Vice
i
uw
tA ha
wn
>
tev
Oi
iy
ae weil oii vhesnla zai doll Ase ors Teba” oe
to somalia. pai ne Ae wor tebectedant that Alli dys) hs ,PASCOP SRO ER ae y
| shortlists
tiny cha b
ee
ger
-
Regulation 7: Distinguishing between the Fiqh in the period of oppression (weakness) and the Fiqh in the period of dominant authority:
In the period of oppression, the fundamental principles would be wisdom, clarification, softening the hearts of Muslims towards one another, and uniting on the basis of the principal foundations and general conceptions. In the period of dominant authority, the fundamental principle would be following the strong opinions, according to authentic evidence, with no allowance for the one who differs and permission for the desertion of the innovator. The wisdom behind the intermittent revelation of the Qur'an to the Messenger of Allah in relevance to real events may be to suit the circumstances of the Muslims with regard to their weakness & strength, their number & readiness. This has implications for what the callers in the West and in the East should consider in their Da'wah activities, so that they may identify their period and control their phase to advance what must be put forth, and to delay what must be delayed. All of this is part of the necessary understanding of who they are in the field of Da'wah, otherwise seriously negative consequences could result. The
learned
Shah
Wali-U-Allah
Al-Dahlawi
confirmed
a
number of these issues in the Chapter of Facilitation or Making Things Easy where he said:
41
"This includes that he should not legislate for them difficult things except gradually. This is the saying of Aishah (R): The first revelation from the detailed chapters of the Book of Allah included mentioning paradise and hell fire until people returned to Islam. Then the lawful and unlawful was revealed. But if the first revelation was "do not drink alcohol" or "do not commit adultery", they would have said: we will never stop drinking, or we will never stop that." (1). Sheikh Al-Islam Ibn Taymiyyah, in his talk about dealing with those who have innovations in belief (who say that Qur’an is created), said:
"The punishment and deterrence of the wrongdoer depends on the ability of the ruler. Therefore the Islamic ruling is different for: the two types of Hijra for the one who is capable (of Hijra) and the one who is incapable, and for small and large numbers of oppressing innovators as wel as for their weakness and strength. The Islamic ruling similarly varies in all types of wrongdoing including Kufr (disbelief), defiance, and disobedience. In fact, all that Allah has made unlawful
is inequity or wrong regarding either the rights of Allah alone, the rights of His servants, or the rights of both. Actually, the command for deserting (the wrongdoer) to enforce stopping and leaving (of his suspicious action), anddesertion as punishment and deterrence, are in case that there is no preponderant utility for religion on doing that action. Otherwise, if the wrong action included a preponderant good, it will not be wrong; and if the
42
punishment included an evil that is preponderant over the crime, it will not be good, rather it will be wrong;
and if the punishment included an evil equivalent to the crime, it will neither be good nor wrong." (2). In other words, each case of sinfulness and disobedience must
be assessed according to the degree of wrongdoing, the nature of the perpetrator and his influence over his community, and the consequences of intervening or holding back. This will inevitably change from place to place and from time to time. Regarding the one who speaks for the innovation that Qur'an is created, the Imams of the Salaf have elaborated opinions that such a person is a disbeliever. However in their Figh, they considered small and large numbers (of the deviants), their strength and weakness, the absolute wrong, the wrong, and the
good. If this was the case in the lands of Islam, where the people were generally Muslims, and there was an active Da'wah and plenty of callers as well as knowledge and scholars, how is our situation now? This is especially so in the West where the issues of Ikhtilaaf (disagreement) are of less importance compared to the innovation of saying the Quran is created. Here the people are generally disbelievers, the Islamic Da'wah is not strong and there is a shortage in the number of callers and scholars. Is it not appropriate to distinguish between the Figh of times of weakness and the Figh of dominance and supremacy, and to place the issues of dispute in their suitable places, and not to leave these matters to be a difficult barrier preventing even thinking about uniting Muslims and the callers in the West on
43
one common position to face atheism and lack of ethics from which the people of understanding in these lands suffer.?
References:
1; 2:
Hujjatu Allah Albaliqah: Shah Waliu-Allah Al-Dahlawi; 1/324. Majmua'Fatawa Ibn Taymyiyah: Shaykh Al-Islam Ibn Taymiyyah; 28/206
44
Regulation 8: The balance between the obligation of following the Quran & Sunnah and the necessity of keeping the Ummah united: Ahl us Sunnah wa’l Jamaa’ah is a name that fully describes the entity named, since holding firmly to the Sunnah and keeping to the group of Muslims - are both the intended aims of the legislator (Allah AW). Therefore, the saved party among the bulk of the perishing parties are Ahl us Sunnah wa’l Jamaa’ah. It is obligatory to balance these two matters, especially in the west. Our commitment to obey the opinions of the scholars and the callers should not lead to deviating from the Sunnah, nor to affirm what contradicts it. So, our commitment to the Sunnah
and the rejection of the ones who deviate from it does not mean that we disobey the scholars or we abandoned the group, but it should be within the principles of enjoining the good and forbidding the evil while keeping to the group and obeying it in whatever entails obedience to Allah and a public interest for the Muslim.
Sheikh Al-Islam Ibn Taymmiyah said: "He who does not evaluate the religious utility and the religious corruption may omit some obligations and may commit some unlawful deeds, considering them to be from piety, like the one who leaves striving in the cause of Allah with Amirs (commanders) who are oppressive and view it an act of piety, and leave the Friday prayer behind those who have innovations and immorality and view that as piety.) (7).
45
The learned, Abu Al-Izz Al-Tahawi, the Hanafi, confirmed the importance of observing this balance by saying: "The texts of The Book and the Sunnah and the Jjmaa‘a (consensus) of the Salaf of the Ummah show that: the legal guardian, the Imam of the prayer, the ruler, the Amir (commander) of war and the collector of the charity, must be obeyed in the positions of Ijtihad, and any one of these is not obliged to obey his followers in the sources of Ijtihad. Rather they are obliged to obey and leave their opinions for his. The good is in keeping to the group and the evil of separation and dispute is greater than that of leaving subsidiary issues." (2). The learned Shah Wali-U-Allah Al-Dahlawi regarding this said: "The Prophet (S) may not do anything that may cause disagreement in the hearts (of his followers). Thus he may leave some of the desirable matters; and this is the saying of the Prophet (S) to Aishah (M): If it was not that your people recently were disbelievers, I would have dismantled the Ka'abah:and rebuilt it on the foundation of Ibrahim, peace be upon him." (3).
References:
BR 2. 3.
Jami'a Al-Rasa'il: Sheikh Al-Islam Ibn Taymmiyah; 2/141. Al-Aqeedah Al-Tahaweeyah: Imam Sadr Al Din Ali ibn Abi Al-Izz, the Hanafi, Ver. By Ahmed Shakir: 324. Hujjatu Allah Albaliqah: Shah Waliu-Allah Al-Dahlawi; 1/324.
46
Regulation 9: Distinguishing between the error of a scholar and the legal Ijtihad (i.e. the Ijtihaad that is based on a clear text or consensus and which can be used as a proof): The error of a scholar should not be used as evidence or a basis for articulating evidence, nor considered as a supporting opinion in issues of disputes because in fact it is not a product of Ijtihad nor is it a matter for Ijtihaad. However it emerges merely due to the ambiguity of the evidence or the mismatching of the evidence to the case. The different opinions that may be taken as legal support are those based on evidence. The person who holds the different opinion should not be defamed or degraded for it, nor should he be thought of as deliberately differing. This is the best way to defend the religion of Allah (S) on one hand and to respect the status of the scholars and Islamic leaders on the other hand. Al-Shatibi said:
"The error of the scholar should not be acknowledged or adopted in following his way, because it is regarded as a deviation from the Shari'a (Islamic law) and for this reason it is considered an error. Otherwise, if it is to be
used as support, it would not be placed in this class (i.e. an error), and the error would not be attached to the one who makes it. But the person who made it should not be considered incapable, or be defamed or degraded for it,
nor should it be thought that he meant to go merely for being different; indeed all this does not suit his status in religion.) (1). Al Muwafaqat:
47
Al-Hafiz Al-Dhahabi, in his biography of Shaikh Al-Islam said: "And he made unique Fatawa (Islamic verdicts) for which his honor was defamed, although they are sited in his deep knowledge. May Allah forgive him and be pleased with him, for I did never see anyone like him, and the talk of anyone may be taken or left." In another position, Al Dhahabi exonerated Imam Mohammed
Ibn Nasr Al-Marzawi, may Allah bless him, by saying: y
"If, whenever an Imam makes a forgivable error in his Ijtihad on single issues, we rose against him, considered him deviant, and abandoned him, no one would be safe from us, neither Ibn Nasr, or Ibn Mandah or he who is
greater than them; and Allah guides people to the truth, and He is the Most Merciful of the merciful, therefore, we seek refuge in Allah from desire and rudeness." (2). Siar A'alam Al-Nubala'a:
Ibn Al-Qayyim said: "And he who has the Islamic knowledge and the knowledge of reality, would certainly know that the great man who has a good intention and good deeds in Islam, and Islam is his root and he is from the Muslims,
still like this man is in a position to err and make a mistake. But he has an excuse for that. Indeed, he will
be rewarded for his Ijtihad. Therefore, he should notbe blamed for it and his status and leadership in the hearts of Muslims should not be ruined." (3).
48
The learned Shah Wali-U-Allah mentioned that keeping united (not separated) is in following the protected Prophet (S), and following the unprotected is a mistake. He said: "One of the causes of deviation is following the unprotected; I mean other than the Prophet (S) whose protection was confirmed. The realization of this is that one of the scholars of the Ummah may make Ijtihad in a matter and his followers may believe that he is perfectly correct in that, and therefore reject an authentic Hadith for that Ijtihad. This kind of following (Taqleed) is different from the one agreed by the Ummah, which was given mercy." (4).
References:
:.
Al Muwafagat: Al-Shatibi; 3/170-171.
a; i 4.
Siar A'alam Al-Nubala'a: Al-Hafiz Al-Dhahabi; 14/40. A'alamu Al-Miwagga'een: Ibn Qayyim Al-Jawziyyah, 3/295. Hujjatu Allah Albaliqah: Shah Waliu-Allah Al-Dahlawi; 1/352.
49
Regulation 10: One should not concern oneself with disagreements on subsidiary issues, but with the avoidance of extremism, narrow-mindedness and the oppression of those of different opinion. Differing in subsidiary issues is inevitable, and it is not far from the truth to say that some of it is primarily meant to be by the Legislator (Allah S) since if He willed, He could revealed the Holy Quran in a way that it could be understood in only one sense. And if He wished the Sunnah to be in a way that it could be understood in only one sense, this would not be beyond His capability. But He made the Quran & Sunnah in a way that allows for several possible meanings, in order to show that some of these differences are primarily meant by the Legislator to provide flexibility for the servants (of Allah) and as mercy for the Ummah. A man
wrote a book about disagreement in opinions. Imam
Ahmed said to him: "Do not name it "The Book of Disagreement" rather name it 'The Book of Expansiveness""
It is widely spoken by the scholars that their agreement is exclusive evidence and their disagreement is a wide mercy. Al-Shatibi (R) said: "Indeed Allah (S) through His wisdom has decreed that the subsidiary issues of this religion allow different perceptions and opinions; and it is confirmed in the sight of theoreticians that normally theories cannot be agreed upon. Issues of opinion are deeply rooted in variation, but this is limited to subsidiaries rather than
the fundamentals, and to the partials rather than the
50
totals. Therefore, such variation does not harm." (1)
Al-Zarkashi [R] said:
"Get to know that Allah did not assign for all Islamic rulings conclusive evidence, but He made it (the evidence) presumptive in intention to widen the options for the obliged so as not be confined to one Madhhab because of the conclusive evidence". (2).
For this reason the Salaf did not intend to settle this variation for the entire Ummah. Their concern was to revive the Fiqh of Ikhtilaaf (variation) and the good manners of Khilaaf (disagreement). They intended that people should learn how to accommodate the ways of the companions of the Messenger of Allah (S) and the religious leaders who came after them, whilst asking Allah (S) to make allowance for the one incapable of this. Sheikh Al-Islam Ibn Taymiyyah said: "As for variation in rulings, it is too much to be controlled, and if in any case when two Muslims disagree or differ in something they abandon each others, there will be no bond or brotherhood between Muslims." (3). References: L. : 3
Al'itisam, By Al-Shatibi; 2/168. Al-Ikhtilafat Al-Fiq'hiah: Dr. Abul Fath Al-Bianoni: 23. Majmua' Fatawa Ibn Taymiyyah: Shaykh Al-Islam Ibn Taymiyyah; 24/173.
51
‘ J
_ i
:
wy
t \
or
i f
2
)
te ’
A ty
+i?
dd
"ysl
ool Huddle raid
Fitted iin Qiterd
hy
soca
ie
i el
Le
Ld
sigeba sat BST
a
iverat siti.
won
4= aad
cee
ii
2
ocd
Oe
Bee
Py on
oe of dain oot That Seg sae HOA ieee ow? aon we .* en
Cad
ar
Tia
-
oan
“sub
:
a
Vico
yas eeerge aif pres
CNT
Hi (0
mot Zy ue ”,)
oe! atte
rt
Rete? Tn Sk ee
Van TT
Ce)
7 Pa
1% ble ie
-
”
es
Le cv ale vis
1 ase ee ee
Gin adi 20t vaiimwridle®
wes
"Ha sol nam
dics
oe
woe
ty
its
ir
.
aa
it
oat ae y
a
CONCLUSION This is an exploration through the ten regulations and the sayings of the people of knowledge who were devoted to the issues of Da'wah and were characterised by the meanings of Sunnah and Jama'ah in such terrible times that were about to destroy this Ummah and the fundamentals of its religion.
It is the time for the followers in the West to follow the footsteps of these great scholars who stood for giving Da’wah, and faithfully discharge their trust. As Allah said: "Indeed, We offered the trust to the heavens and the
earth and the mountains, and they declined to bear it and feared it; but man [undertook to] bear it. Indeed, he was
unjust and ignorant." [33/72]. It is time to pass over the state of splitting and conflict that hinders the Islamic Da'wah in the West. It is now urgent that all the callers, who have one message to pass to mankind (to worship Allah alone, through the only one religion accepted by Him), realise that it is time for them to join together, to unite their efforts, and to cooperate sincerely in the cause of Allah (SW) who said: "And cooperate in righteousness and piety, but do not cooperate in sin and aggression." [5/2]. Indeed, ignoring the necessity to stand together to give Da'wah that needs no more than La Ilaha Illa Allah, Mohammad-un
53
Rasoolu Allah, is not just a sin, but a high treason of the trust offered by Allah (SW) who said:
"O you who have believed, do not betray Allah and the Messenger or betray your trust while you know." [8/27].
Insha'llah, what is expected from the bearers of Da'wah in the West, is to put the priorities into the proper order according to the regulations of Ahl us Sunnah. wal Jamaa'a for articulating evidence in Islamic law, and to work together according to the meanings of the Sunnah & Jamaa'ah, within the boundaries weakness and the Fiqh of dominance. AND ALLAH (SW) GUIDES TO SUCCESS.
54
of the Figh of
WIspDOM OF THE WISE
TEN FRIGHTENING THINGS FUR WOMEN
ABU MARYAM MAJDIFATHIAL-SYED
Overcoming the fear ofdeath & illness
DeMuhammad AbuRahim
=
j
Bay
DescRiPTiON OF
ae
es i
R
ys
HOSES Eeak Eg: ISLAMICALLY
In Your
Tn Youth
oe
th " lh \al =
a
From
oa
Tue Qur'aan
© Ano Tue Autuentic Sunnau MUHAMMAD SALIH AL-MUNAJJID WAHEED
ABDUSSALAAM
BALY
WAHID ABDUSSALAM
2
SI
f eon
jo soehteue
WAHEED ABDUSSALAAM BALI
Aidh Tbn Abdullah Al-Qarni
BALI
TIME IS J RUNNING OUT
CATASTROPHES BEFORE THE DAY OF JUDGEMENT IMAM SIDDIQ HASSAN KHAN
WASWASAH The Whispeting
wilAd
£3.50
4 -u)y
Annis BM Imanyton Qayyim Al-Juziyyah af
penibin'Qudaam A-Hanbali
ee
¢
0
L Fy
Fe
Ase. Huw BLSwig B-Faroont