Sabtu, 01 Januari 2011
STUDIES IN
USUL UL FIQH
IYAD HILAL
Every Muslim is recommended to take this self-study course. If understood correctly a pass mark is awarded. In addition, If you
check out the Islamic Truth website at the above address a distinction is awarded. In the event of working towards establishing
Allah(swt) deen (Al-Khilafah) your award will be towards paradise. Well worth achieving.
www.islamic-truth.fsnet.co.uk Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
About the Author
Lyad Hilal has a Masters Degree in Fiqh and Its methodology. He has authored numerous
books:
· Treaties in Islam (Arabic)
· Gull Crisis (Arabic)
· Palestinian Quest (Arabic)
· Masiahah in islamic Activities (Arabic)
· Muslims in the West (English)
He has contributed many articles to various publications and journals in the United States and
abroad, both in Arabic and English.
lyad Hilal has organized and participated in numerous seminars addressing a variety of topics.
His lectures and discussions are available on audiotapes, as are his books, through the Islamic
Cultural Workshop.
Note:
There have been some additions added to this course document where the Islamic Truth
Group had felt it appropriate. The Group had been established in 1999 to increase Islamic
knowledge so that Muslims become Allah(swt) viceroys on earth, by carrying the correct Islamic
Aqeeda, Usul Ul Fiqh & Shari’ah, to take part in the establishment of a true Islamic State (Al-
Khilafah) that Muslims are working for right now. You are urged to form Groups that follow the
correct Islamic methodology, that of Muhammad (saaw) and spread decisive Dawa that brings
to light the truth to mankind. Muslims have forgotten the true essence of Islam, and are
transgressing towards the hell fire at high speed. Lets work to put our brothers, sisters, fathers
and mothers back on the correct path that leads to success in this temporary life and hereafter –
Inshallah!
To all Muslims, you are the future government of the Islamic state. A state that will encompass
the world. The Governmental structure will require the best among you who hold firm to the
Islamic belief and deep understanding of the Islamic economic, social, political, judicial and
administrational systems that encompass ISLAM as a political world power. Our goal as
Muslims is to rule the world by Islam for the pleasure of Allah(swt). It is Allah(swt) who
commands us to establish his deen to be dominant over all other man-made deens and
religions. Al-Khilafah will take care of the affairs of Muslims and non-Muslim worldwide,
protecting there religion, property, money and lives - ultimately to please Allah(swt) by
implementing true political ISLAM.
Send an email to islam@islamic-truth.fsnet.co.uk for further advice and guidance.
Lets work together to bring Al-Khilafah back into the international arena. This will benefit
everyone.
COURSE CONTENTS
TIME LINE 6
INTRODUCTION 8
1.0 BASIC TERMS IN ISLAMIC JURISPRUDENCE 10
1.1 Fiqh BASIC TERMS IN ISLAMIC JURISPRUDENCE 10
1.2 Usul al Fiqh 10
1.3 Shariah 11
1.4 Hukm Sharii 11
1.4.1 Types of Hukm Sharii 12
1.5 The Application of Shariah 13
2.0 DALEEL 15
2.1 Structure of a Daleel 15
2.1.1 Riwayah 16
2.1.2 Dalalah 16
3.0 QURAN 20
4.0 SUNNAH 22
4.1 Types of Sunnah 23
1. Actions as Part of Prophet (saaw)’s Nature 23
2. Actions Specifically for the Prophet (saaw) 23
3. Actions of the Prophet (saaw) Carrying Legislative Consequences. 24
4.2 Basic Terms in Hadith: 27
4.2.1 Types of Hadith 27
4.3 Reconciling a Perceived Conflict Between two or more Ahadith 29
5.0 RELATIONSHIP BETWEEN QURAN AND SUNNAH 32
5.1 The Application of Sunnah 34
6.0 RELATIONSHIP BETWEEN QURAN AND SUNNAH 36
6.1 Quran 36
6.2 Sunnah 36
6.3 Ijma 37
6.3.1 Ijma al Ummah 37
6.3.2 Ijma al Mujtahideen 39
6.3.3 Ijma ahlel Bayt 40
6.3.5 Ijma as Sahabah 43
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6.3.6 Daleel Indicating the Authority of Ijma as Sahabah 43
6.3.7 Who is the Sahabi? 45
6.4 Qlyas 45
6.4.1 Daleel indicating the authority of Qiyas 46
7.0 SOURCES OF HUKM SHARII NOT AGREED UPON BY ALL THE ULEMA 47
7.1 Istlhsan 47
7.1.1 Types of Istihsan: 47
7.2 Maslaha at Mursalah 49
7.2.1 Types of Maslaha al Mursalah 49
7.3 Laws Revealed before Islam 51
6.0 IJTIHAD 53
8.1 Qualifications for performing ljtihad 53
8.2 Types of Mujtahld 54
8.3 Reasons for differences of opinion among the Mujtahideen 55
8.3.1 Differences in the Legislative Sources 55
8.3.2 Differences in interpreting the text itself 56
8.3.3 Differences in Methodology of Usul-Fiqh 56
8.3.4 Differences in Understanding the Arabic Language 57
9.0 A BRIEF OVERVIEW OF SOME SCHOOLS OF THOUGHT 60
9.1 Era of the Prophet (saaw) 60
9.2 Era of the Sahabah (raa) 61
9.2.1 Why was there Difference of Opinion amongst the Sahabah (raa)? 65
9.3 Era of the Tabi’een 65
9.3.1 AhIul Hadith & Ahiul Ra’ee 66
9.4 Madhab of Imam Abu Hanlfah (ra) 68
9.4.1 Books and Students from the Madhab of Imam Abu Hanifah 68
9.5 Madhab of Imam Malik (ra) 69
9.5.1 Books and Students from the Madhab Imam Malik 71
9.6 Madhab of Imam Shafii 71
9.6.1 Books and Students from the Madhab of Imam Shafii 73
9.7 Madhab of Imam Ahmad ibn Hanbal 73
9.71 Imam Ahmad and ‘IIm~uI-Ka!aam 74
9.72 Students from the Madhab of Imam Hanbal 76
9.72.1 Ibn Taymiyyah 76
9.8 Madhab of Ibn Hazm 76
9.9 IntroductIon to Madhab of Imam Zaid and Imam Jafar 77
9.9.1 Madhab of Imam Zaid 78
9.9.2 Madhab of Imam Jafar 80
10.0 DO WE NEED A NEW SCHOOL OR MADHAB? 84
11.0 TAQLEED 87
11.1 Daleel for performing TaqIeed: 87
11.2 MuslIms Must Ask for Daleel 88
11.3 Taqleed is not practiced in the Aqeedah (Belief) 88
11.4 Muqalid Shifting from One Opinion to Another 88
12.1.1 Forms of Wahi’y (Revelation) 90
12.1.2 Differences Between the Revelation of Quran and Sunnah 92
12.2 Role of Aqi 93
12.3 Does the Shariah Apply on Non-Muslims? 96
12.4 Is Prophet Mohammad (saaw) a Mujtahid? 96
12.6 Need for an American Fiqh? 100
12.7 Alinority Fiqh 103
CONCLUSION 104
GLOSSARY 106
Time Line
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Time Line (Text Version)
Birth of Muhammad (saaw) (570) 500C.E.
Khalifah Abu Bakr (ra) (632-634)
Khalifah Umar ibn al Khattab (634-644)
Khallfah Uthman bin Affan (644-656)
Khallfah All bin Abi Talib (656-661)
Ibn lshaq (708-774)
Khaiifah Umar bin Abdui Aziz (d. 720)
Khalifah Harun al Rasheed (786-809)
Saiah al-Din aI-Ayyubi (1169-1193)
Imam Nawawi (1233-1277)
Ibn Al-Qayyim Al Jawziyyah (d.1350)
Ibn Kathir (1300-1373)
Imam Zaid bin All (700-742) Imam Jafar (700-768)
Imam Abu Hanifah (700-768)
Imam Mailk (713-797)
Imam Shafii (767-820)
Imam Ahmed ibn Hanbai (781-856)
Imam ibn Hazm (994-1064)
Ibn Taymlyyah (1263-1328)
Imam Shawkanee (d. 1873)
Khalifah Abdul Hamld 11(1876-1909)
The Dissolution of the Islamic State (d. 1924)
Imminent Return of Al-Khilafah (200?)
Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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Introduction
Today have I perfected your Deen, completed my favor upon you,
And have chosen for you Islam as your Deen. (Al Ma’ida: 3)
In this Ayah, as well as many others, Allah (swt) reminds the Muslim Ummah of the value
and regard that He (swt) has for the Message of Islam. This Message is unique in
comparison to the previous Messages in several ways.
It is the last and final Message for humanity from Allah (swt). The followers of this
Message have the honour of implementing and carrying it to other nations without the
presence of their Messenger (Muhammad (saaw)).
In contrast, the Ummahs before the Message of Muhammad (saaw) were led by their
respective Prophet or Messenger. This honour manifests itself in Allah’s (swt) promise
that the Muslim Ummah would be the first to enter Paradise. Therefore, the people who
have entered this Deen are truly the fortunate ones.
The Muslim Ummah earned this honour by realizing the necessity of implementing and
maintaining Islam. They were its guardians even when they were under the brutal
occupation of
the Mongols. In fact, during the occupation they were able to dramatically influence the
occupiers with the Islamic ideology. This unprecedented event exemplifies the trust and
the clear-cut understanding of!slam that Muslims possessed. What other nation was able
to influence and change its conquerors, such that they would start carrying the Deen of
the conquered?
It is with a feeling of regret and sorrow that today we witness Muslims, either leaving or
only partially accepting Islam. Muslims have tried to mix its thoughts and values with that
of other ideologies. It’s laws are partially implemented along with those of other
ideologies. Islam for the most part is generally known by its rituals to its followers and
thus they convey it to other nations as such.
However, this Deen is still alive and intact in the Quran and Sunnah. It is from these two
sources that we will explain, the nature of Islam and fundamental elements associated
with its foundation of law (Usul al Fiqh), Insha’Allah.
Islam was not revealed all at once, and is notjust a set of “do’s” and “don’ts” like any
constitution or legal document. In contrast, Islam offered solutions to the day to day
problems as they were encountered by the Prophet (saaw) and the Sahabah (raa).
Islam provided a definite and clear vision to the Prophet
(saaw) on how to live up to its ideology. Islam did not only provide and explain its values Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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and thoughts; moreover, it provides a comprehensive set of legal laws regarding all
facets of human existence. The implementation of these laws brought unheralded
tranquillity and justice in the society.
and unparalleled ideas, values, thoughts, guidelines, and laws which Prophet
Mohammed (saaw) expressed or applied during his (saaw) life.
The Aqeedah of Islam surpasses the ‘Aqeedah’ of capitalism! democracy, in that it
makes the human being subservient to his Creator rather than to his own desires. The
simplicity of Islam frees the human being from slavery to anything other than Allah
(swt).The Aqeedah of Islam orients a persons thinking to seek the pleasure of Allah (swt)
as opposed to self benefit and material pleasure.
The laws of Islam are of the same nature as it’s Aqeedah. In that, they are both revealed
by Allah (swt). The laws neither favor the working nor the elite class in the society. These
are qualities of man-made laws which the Shariah transcends. Consequently, no Muslim,
whether rich or poor, would feel any hesitation or regret in implementing the Islamic laws.
However, presently, hesitation and skepticism are prevalent at the Ummah level. We will
examine and reflect on one of the major causes of such a decadent attitude, i.e. the lack
of a cohesive understanding of issues surrounding Fiqh (Islamic Laws).
It is with this purpose of developing a cohesive understanding of Usul al Fiqh that we
have put forward this effort.
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1.0 BASIC TERMS IN ISLAMIC JURISPRUDENCE
1.1 Fiqh BASIC TERMS IN ISLAMIC JURISPRUDENCE
Linguistically, Fiqh implies having knowledge in depth. As a juristic term, Fiqh has two
meanings:
A. Having the knowledge of the rulings of Shariah (Islamic Law) which are extracted
from the legislative sources. As an example, a Faqih would know the ruling for
the issue of abortion; in addition, he would know how and from where this ruling
was extracted.
B. All the Islamic laws. This definition is synonymous to the term Shariah.
1.2 Usul al Fiqh
Usul al Fiqh is the collection of principles pertaining to the methodology for the extraction
of Fiqh. The concept of Usul al Fiqh is comparable to adhering to a methodology when
conducting a scientific experiment. Similarly, adhering to a methodology in deriving Fiqh
(rulings) is referred to as Usul al Fiqh. This methodology provides a way for a person to
derive Islamic rulings from the legislative sources in Islam.
The collection of principles related to Usul al Fiqh are many. A few examples of these
rules are discussed in the following section.
A. Legislative Sources
Adopting specific sources to derive laws is a major subject in Usul al Fiqh. The
Quran, Sunnah, Ijma as Sahabah (consensus of the companions), and Qiyas
(analogical deduction) are four sources in Islam, which are accepted by almost all
of the scholars. However, there are other additional sources such as Maslaha al
Mursalah (benefit) or Ijma al Ummah (consensus of the Ummah), which are not
widely accepted.
B. Arabic Language
Within the Arabic language, there are rules for understanding the structure of an
Ayah or Hadith. The rules of grammar in the Arabic language define the meaning
of the Ayah or Hadith. Therefore, understanding the rules of grammar and their
application is one use of the Arabic language in Usul al Fiqh.
C. Interpreting the text of Quran and Sunnah
Unless the text of the Quran and Sunnah is correctly understood, no ruling can
be deduced from it. The linguistic structure of the text in Quran and Sunnah
varies from one style to another. Some examples of these linguistic styles are:
Thanniy (speculative text), Qatai (definitive text), Amm (general text), Khass
(specific text), Haqiqi (literal text), and Majaazi (metaphorical text). The rules to
distinguish and difl’erentiate between these styles is an important subject in Usul
al Fiqh. Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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Another essential aspect involved in interpreting the text of the Quran and Sunnah are
issues surrounding abrogation of rulings from the Quran and Sunnah. The study of
abrogation involves issues such as, what constitutes abrogation, how to understand it in
relation to other Ayahs or Ahadith, and how to reconcile these differences.
Some Muslims claim there is no need for Usul al Fiqh, thinking one can directly go to the
text of the Quran and Sunnah and derive laws. Such a claim really illustrates the
ignorance in understanding Islam. It is impossible to derive laws without being equipped
with the necessary tools. These tools enable us to understand the text of the Quran and
Sunnah, and without understanding the text, one would not be able to extract laws.
As an example, without being aware of the rules of Arabic grammar for interpreting the
text of Quran and Sunnah, one would not be able to differentiate whether the command
in the Ayah or Hadith for a certain action is Haram (forbidden) or Makruh (undesirable).
Therefore, Usul al Fiqh is a definite prerequisite to derive rulings.
Since rulings are deriv I based on Usul al Fiqh, a variation in Usul al Fiqh may result in
different rulings. This is one of the reasons that there might exist more than one ruling on
some issues.
The end product of Usul al Fiqh is Shariah (or Fiqh). The difference between Usul al Fiqh
and Shariah is that the latter is concerned with the rulings related to our actions, and Usul
al Fiqh is concerned with the methodology applied to deduce such rulings.
1.3 Shariah
The linguistic meaning of the word Shariah is a non-exhaustive source of water from
which people satisfy their thirst. Thus, the linguistic significance of Shariah is that the
Islamic laws are effectively a source of guidance. As water is the fundamental basis for
life, the Islamic laws are an essential source for guiding human life.
Shariah is composed of all the laws derived from the legislative sources of Islam. These
laws are not just limited to areas covering marriage or divorce; rather, the Islamic laws
cover every action performed by an individual or a society. The term Shariah is also a
synonym for Fiqh.
1.4 Hukm Sharii
The text of both Quran and Sunnah address many topics such as, stories of previous
Ummahs, the Day of Judgment, and others. However, the text which specifically
addresses our actions of what to do or what not to do is referred to as Hukm Sharii.
The term Hukm Sharii, in Arabic, means the address of the Legislator related to our
actions. Islam addresses all of our actions, whether they are permitted or not.
Accordingly, all of our actions have to be guided by the Hukm Sharii. Allah (swt) says:
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‘Who so rules not according to what Allah has sent down ... they are the disbelieves ...
they are the wron~doers ... they are the trans~ressors.’
(Al-Maldah: 44-47)
“It is not for any bellevlnq man or woman, when Allah and
His Messenger have decided a matter, to have any choice for
themselves in their affairs. For whosoever against Allah(swt) and
his Messenger has gone astray into mainifest error.” (Al-Ahzab: 36)
1.4.1 Types of Hukm Sharii
Many Muslims are too quick to conclude that something is either Haram(prohibited) or
Fard (compulsory) after a quick reading of an Ayah or a Hadith. Not all commands in the
legislative sources are Fard or Haram. The rules which are used to differentiate the types
of Hukm Sharii are again related to Usul al Fiqh.
In reality, the Hukm Sharii can be understood in five general ways.
A. Fard (compulsory):
If the request to do an action is decisive (Talab Jazim) then it is a Fard or Wajib;
both have the same meaning. A person who complies with a Fard will be
rewarded,while one who disobeys will be punished.
Example: Performing and establishing Salat, paying Zakah.
B Haram (prohibited)
If the instruction is connected with a decisive command of refraining from an
action then it is Haram or Mahthur. If the Haram is committed, then the person
will be punished, but if the Haram action is avoided, the person will be rewarded.
Example: dealing with Riba, gambling, promoting nationalism or democracy, etc.
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C. Mandub, Sunnah or Nafilah (recommended)
If the instruction to do an action is not firm, then it is considered Mandub, The
one who performs it is praised and rewarded; however, the one who abstains
from it is neither blamed nor punished.
Example: Attending to the sick, giving alms to the poor, fasting Mondays and
Thirsdays.
D. Makruh (disliked):
If the instruction of refraining from an action is not firm, then it is considered
Makruh. The one who abstains is praised and rewarded while the one who does
it is neither punished nor blamed.
Example: performing Salat between Fajr Salat and sunrise, eating garlic before
going to the Masjid for Salat, etc.
F. Muhbah (permissible)
If the choice to do or not to do an action is left up to the person, then the action is
called Mubah. One will neither be rewarded nor punished for an action falling
under this category.
Example: Eating lamb or chicken, marrying up to four wives, etc.
Some of the Hukm Sharii such as Fard are divided into sub-categories. For example,
Fard is divided into Fard al Ayn and Fard al Kifaya. Faid al Ayn is obligatory on every
single Muslim, such as praying live times a day; whereas, Fard al Kifaya is obligatory on
the whole Ummah, until part of the Ummah fulfills the Fard, such as the burial of a de-
ceased Muslim. If a portion of the Ummah fulfilled this task, then this relieves the duty
from the rest of the Muslims. Some of the other types of l-Iukm Sharii are also further
sub-divided.
1.5 The Application of Shariah
The Shariah is not only limited to areas covering divorce or marriage. It covers the
relationship between Man and Allah (swt), Man and Himself, and Man and Man. In
addition, to the method for applying these rules, implementing any rule requires having
the knowledge of the situation, the rule, and the method.
As an example, there is a general principal in Islam that a thief’s hand should be cut off.
However, if the individual steals food while hungry, then this general principal is not
applied in this particular situation. Consequently, the knowledge of how and when to
apply a rule is obligatory. Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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A misapplication of the Shariah is applying the Islamic laws related to Hudud
(punishment) while at the same time implementing an economic system based on
capitalism. Islamic laws related to punishment were revealed to protect the society in
which Islam is being applied.
How can the Islamic laws related to punishment be applied concurrently with capitalism,
which thrives on exploiting the masses? How can any one justify the Islamic punishment
of cutting the hand of a thief while the thief is under the oppression of capitalism?
The punishment of cutting off the hand of the thief is based upon protecting the society
where the Islamic System is in application, a system which functions to see to it that the
basic needs of every individual in the State are met.
The Shariah should not be viewed as a burden or an obstacle in our lives; but rather, as
a mercy from Allah (swt). These laws must be understood as a part of the Deen (a
comprehensive way of life) revealed by the Creator. This Deen, Islam, requires a
conviction that Islam is the only solution to our problems; it came from Allah (swt), Who
created us and thus knows what is best for us.
There is no reason for us not to obey any ruling from Allah (swt). As mentioned earlier,
the Islamic laws are Just because they are from Allah (swt), in contrast to the oppressive
man-made laws. Consequently, we should feel proud, happy, and grateful that Allah (swt)
has shown us the only correct way to obey Him (swt).
Islam is a complete and thoroughly integrated unit that cannot be implemented partially.
The implementation of the Islamic rules related to the economy necessitate the
implementation of the rules of Zakah, Nafaqah, and Al-Jizyah, which in turn means the
implementation of the economic system.
The execution of the economic system requires the implementation of the Ibadaah, social
system, rules related to the People of the Book, Islamic foreign policy, and rules related
to the Khalifah all together. The Islamic system is inter-connected; one part helps the
implementation of the other part.
Implementing only some parts of Islam, and leaving others, results in chaos, as is evident
today. For instance, Allah (swt) has permitted divorce to solve a problem, but today
divorce itself is a problem rather than a solution due to the misapplication of this
particular solution and Islam in general.
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2.0 DALEEL
Linguistically, Daleel means a proof, indication, or an evidence. As a term, Daleel means
the source or evidence for a thought, concept, or a ruling. Any law or ruling must have a
Daleel, which can be from Quran, Sunnah, or a source, which Quran and Sunnah
directed us to adopt. These sources will be discussed later in the book. Any ruling from
the text of either the Quran or Sunnah is considered a Daleel.
For example, the Quran states:
‘Let there arise out of you a group of people Inviting to all that is
good (Islam) and enjoining what is right and forbidding what is
wrong.’ (Al Imran:104)
This Ayah is considered a Daleel for the obligation of establishing a Hizb (party or group)
calling for Islam and enjoining what is Maruf (good) and forbidding what is Munkar (bad).
An example of a Daleel from the Sunnah is the prohibition to the call for nationalism. The
Prophet (saaw) said about all types of Asabiyah (nationalism, racism, tribalism):
“Leave it, it is rotten.” (Bukhari and Muslim)
2.1 Structure of a Daleel
As mentioned earlier, a Daleel is an evidence for an opinion, concept, ruling, or a thought
from Islam. There are two aspects related to any Daieel, Riwayah (reportage) and
Dalalah (meaning).
The Riwayah covers issues related to how the information was relayed to us, which
includes the number and the integrity of reporters.
The DalaJah is related to the meaning of the text in the Daleel. There are also two terms
used in connection with Riwayah and Dalalah, Qatai and Thanniy.
Qatai is defined as being conclusive or decisive, while Thanniy is the opposite of Qatai
and means non-definite or indecisive. Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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2.1.1 Riwayah
Any Ayah from the Quran or Hadith Mutawatir is considered Qatai (conclusive) in its
Riwayah (report).
The Qatai in Riwayah implies that the evidence is authentic without any shadow of doubt.
This authenticity is established based on the methodology of transmission.
The methodology by which Quran was transmitted to us precludes any possibility of
fabrication. The report was transmitted generation by generation in exactly the same
manner. It is impossible for an entire generation to fabricate, erase, or add contents to
the Quran. It is inconceivable to believe that every single individual in that generation as-
sembled together and agreed to add or delete parts of the Quran. Everyone in that
generation was reciting the same contents of the Quran, thus authentifyng its contents.
Hadith Mutawatir was not transmitted generation by generation, but rather by a large
number of people. Due to the large number of people reporting the Daleel, and their
diversity of residence, their established reliability and conviction, it is inconceivable that
this Daleel could be wrong.
Any report of information other than through the Quran or Hadith Mutawatir, such as
Hadith Ahad, is considered Thanniy (non-definite), meaning that there is a minute
possibility that the Daleel could contain error.
To summarize:
2.1.2 Dalalah
The second aspect of the Daleel is the Dalalah (meaning). If the text of Quran, Hadith
Mutawatir or Hadith Ahad is clear, specific, and has only one meaning, then it is
considered Qatai. The text of a Qatai Daleel has to have only one meaning and cannot
be open to any other interpretation. If the text is open to more than one interpretation,
then it is considered Thanniy. Since interpretations are due to the Arabic language, any
interpretation has to be justified through the Arabic language.
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To summarize:
A1. Example of Quran with a Qatai (conclusive) meaning:
‘What your wives leave, your share is a half, if they leave no chlld.’ (An Nisa:12)
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‘Those who accuse chaste women of zinna (adultery) and fail to bring four
witnesses (to prove it) flog them eighty strips.’ (An Nur: 4)
This quantative aspect of these rulings, namely one half and eighty are clear and
therefore cannot be open to any other interpretations.
A2. Example of Hadith Mutawatir with Qatal (conclusive) meaning:
“Whosoever lies about me (Prophet Muhammad (saaw)) deliberately, let him take
his place in the Hell fire”
This Mutawatir Hadith is very clear in its subject; thus there is only one understanding
from the text, that whoever lies about what Prophet (saaw) said intentionally, he will go to
hellfire.
A3. Example of Hadith Ahad with Qatai (conclusive) meaning:
It is reported from a non-Mutawatir Hadith that the Prophet (saaw) fasted 6 days in
Shawwal. The conclusive meanings from this Hadith are the following:
a) Permissibility of fasting 6 days in Shawwal.
b) Except on the first day, since it is the day of Eid, and it is Haram to fast on Eid.
B1. Example of Quranic Ayah with a Thanniy (non-definite) meaning:
In Surah al Maid’a Ayah 6, Allah (swt) says if you la masturn the women it breaks the
wudhu. The word Ia mastum has been interpreted as having two meanings:
a) Touching.
b) Sexual Intercourse.
Thus the Ayah has a Thanniy Dalalah, i.e. it could mean touching women breaks the
Wudhu, or sexual intercourse with a woman breaks the Wudhu.
B2. Example of Hadith Mutawatir with a Thanniy (non-definite) meaning:
It was reported that the Prophet (saaw) used to take off his Ihram in a specific manner.
However, when the Sahabah (raa) told the Prophet (saaw) that they took it off in a
manner different from the way he (saaw) took it ofI~ the Prophet (saaw) approved of their
actions.
Though this incident is Mutawatir, the rules to take off ones Ihram are many.
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B3. Example of a Hadith Ahad with a Thanniy (non-definite) meaning:
It is reported from a non-Mutawatir Hadith that the Prophet (saaw) fasted 6 days in
Shawwal. The non-definite meanings of this Hadith are:
a) Whether the six days of fasting are consecutive or not?
b) Fasting in which part of Shawwal?
So far we have discussed the Qatai and Thanniy aspects of both Riwayah and Dalalah
separately. However, the method to determine whether the Daleel (both in Riwayah and
Dalalah) is Qatai (conclusive) or Thanniy (non-definite) is the following:
1. QataiRiwayah + Qatai Dalalah = Qatai Daleel
2. ThanniyRiwayah + Qatai Dalalah = Thanniy Daleel
3. Thanniy Riwayah + Thanniy Daialah = Thanniy Daleel
4. Qatai Riwayah + Thanniy Dalalah = Thanniy Daleel
Any idea, thought, or concept related to the Aqeedah has to be based upon a Qatai
Daleel. As an example, the concept that Angels exists is based upon a Qatai Daleel not
Thanniy. Also, in Usul a! Fiqh, to establish a source for extracting rulings, the source
must be based upon a Qatai Daleel as well.
As an example, to consider Ijma as Sahabah (consensus of the companions) as a source
of rulings, the Daleel to prove the authority of Ijma as Sahabah has to be Qatai both in
Riwayah and Dalalah, though a ruling can be derived from either a Qatai or Thanniy
Daleel.
One might wonder why understanding the text of Quran and Sunnah is so
complicated?
By examining the text of Quran and Sunnah one can see that it is limited in its volume.
With its limited text one can generate rulings to any problems affecting us anywhere and
anytime until the Day of Judgment.
It is a miracle from Allah (swt) that the text of the Quran and Sunnah have the ability to
express numerous rulings from a single Ayah and Hadith; whereas, the ability to
understand many meanings from a single text cannot he found in any other legal text in
the world!
The challenge is for Muslims in each generation to try to understand the text and relate it
to their lives since the Quran and Sunnah are relevant to all times and places.
Besides the point mentioned above, we have to realize that there are rules and
guidelines related to understanding and deriving laws from the Quran and Sunnah. No
one, without being acquainted with these rules (Arabic language, rules which differentiate
one type of text from another, etc.), can understand the text of Quran and Sunnah.
Even to understand man-made constitutions, one has to spend a few years studying and
understanding the text. So, how can we expect an individual who is unfamiliar with the
Usul al Fiqh to open up the Quran and Sunnah and start extracting laws from it? Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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3.0 QURAN
Quran is derived from the word Qara’a, which means to read or recite. Therefore, Quran
linguistically means the book that has been read or recited.
As a term, Quran is Allah’s (swt) miraculous speech revealed unto Muhammad (saaw) in
Arabic and transferred to us by Tawatur method. The recitation of Quran is considered as
an Ib’adah (act of worship). By Allah’s (swt) speech it is meant that the Quran is the exact
words of Allah (swt). It was revealed to Muhammad (saaw) as it exists today. By
miraculous it is meant that no one can produce something similar to it.
The term “in Arabic” refers to the language of the Quran, not to its scope or its ideas
because Quran addresses all Arabs and non-Arabs. The rules of Quran are universal
and not restricted to one ethnic group or a specific area or time.
By Tawatur method it is meant that it was conveyed to us by a group of people for whom
it is impossible to lie or conspire to fabricate a lie. The Quran was transferred to us
through an entire generation, not just by a group, to its successors, until it reached the
present generation, without any interval in this transference.
Reciting Quran in Arabic by itself, without even comprehending its meaning is considered
an Iba’adah. In this regard, Quran is different from Hadith, which cannot be recited as an
act of Iba’adah. However, thinking about the meanings of both the Quran and Hadith is
considered an Iba’adah.
During the time of the Prophet (saaw), the text of the Quran was preserved in memory
and also inscripted on flat stones, wood, and bones. Initially Khalifah Abu Bakr (ra)
collected the Quran soon after the battle of Yamamah due to the martyrdom of many
memorizers of the Quran. Zayd bin Thabit (ra), the scribe of the Prophet (saaw), was
employed in the task of compiling the text.
During the time of the Prophet (saaw), Muslims used to recite the Quran in different
ways, which were taught by the Prophet (saaw) himself. When the Sahabah (raa)
emigrated to the conquered lands the Muslims in those areas recited the way that Sahabi
(ra) recited. Consequently, there were some arguments as to which method of recitation
was correct.
Khalifah Uthman (ra) realized this problem and feared that the fate of the Quran would go
the same way and be lost or corrupted as were earlier books of the revelation. In order to
remove this danger, Khalifah Uthman (ra) adopted one way of recitation and made seven
copies. These seven copies were sent to different areas; the master copy was kept in
Medinah. All other copies existing at the time were destroyed.
The Quran was revealed with the words and its meaning intact; whereas, the Sunnah
was revealed in meaning and the Prophet (saaw) expressed this meaning using his own
words. The Quran was revealed in two distinct periods of the Prophet~s (saaw) Dawah,
in Mecca and Medinah. Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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A Surah is considered to be Makki if its revelation had begun in Mecca even if it contains
Ayahs that were revealed in Medinah. The distinction between the Makki and Madani
parts of the Quran is based on the information provided mainly by the Sahabah (raa). Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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4.0 Sunnah
Sunnah, linguistically, means a path or a way. As ajuristic term “Sunnah” has different
meanings to various disciplines of the Islamic culture.
q To the Ulema of Hadith:
Sunnah refers to all that is narrated from the Prophet (saaw), his acts, his sayings,
whatever he has tacitly approved, and all the reports which describe his physical
attributes and character.
q To the Ulema of Fiqh ( Jurisprudence):
Sunnah refers to the category of Mandub or Nafilah. In this sense, Sunnah is used
synonymously with Mandub. As an example, praying extra prayers or fasting extra days
other than in Ramadhan is Mandub or Nauilah.
q To the Ulema of Usul al Fiqh:
Sunnah refers to another source of Shariah along with the Quran. Thus, in the usage of
Usul al Fiqh, one might say that fasting days other than in Ramadhan is from Sunnah,
denoting that this ruling has been validated by the Sunnah.
Mandub, meaning a recommended act. In Usul a! Fiqh it is a source for extracting
rulings, and it establishes the following types of Hukm Sharii
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4.1 Types of Sunnah
A. Qawli (verbal): consists of the sayings o( the Prophet (saaw) on any subject.
Example: “He who cheats is not one of us.”
B. Taqriri (Approval): consists of the approval of the Prophet (saaw). If something
was done in front of him (saaw) and he (saaw) didn’t disapprove of it, then it is
considered an approval. As an example, the Prophet (saaw) approved the way
women prayed in the mosque, separate from men, but in the same room.
C. Faili (Actions):consists of the Prophet (saaw)’s deeds and practices, such as the
way he (saaw) used to pray or perform Hajj.
The following paragraphs address the actions of the Prophet (saaw) and their legislative
impact. The actions of the Messenger (saaw) can be divided into three parts. The first
section consists of those actions, which were natural to him as a human being, secondly
actions that were specific to him as a Prophet (saaw), and thirdly, actions which carry
legislative impact.
1. Actions as Part of Prophet (saaw)’s Nature
These actions include the way he stood, sat, ate, or drank. For example it is reported that
when he (saaw) walked and wanted to turn his head to another direction, he (saaw)
would turn his entire body. This type of action has no legislative impact, except in certain
cases where he (saaw) recommended doing a particular action. Then such an action
would be considered Mandub.
For example, there is a Hadith telling a Sahabi to eat with his right hand which shifts the
action, initially falling under a mubah (permissible) category, to a Mandub
(recommended) category. The Sunnah also excludes specialized and technical
knowledge, such as medicine and agriculture because it is not held to be part of the
function of Prophethood.
2. Actions Specifically for the Prophet (saaw)
Allah (swt) has sent the Messenger (saaw) with rules that are specifically related to him
(saaw) only. Some examples of these rules are:
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Whoever performs any of these actions is sinning because these actions are exclusively
for the Prophet (saaw).
3. Actions of the Prophet (saaw) Carrying Legislative Consequences.
The kinds of actions which carry a legislative consequences are of three types:
A. The action of the Messenger of Allah (saaw) which provides
an explanation for a text.
If this explanation was for a rule or text that was obligatory, then the explanation also
becomes obligatory. If the explanation was for a rule that was Mandub, then the
explanation also becomes Man dub. Generally speaking, the explanation takes the same
status as the rule. Some examples will clarify this principle.
The Quran obligates the establishment of the Salat. Any explanation of performing the
Salat by the Messenger (saaw) is thus also an obligation. For example, he (saaw) recited
Surah Fatihah while standing, and always recited the Surah during each Rakah. Except
for people who are excused due to physical disabilities, reciting Surah-Fatihah must be
done while standing in Fard prayers.
Allah (swt) ordered the Messenger (saaw) to rule the people with what was revealed to
him (saaw). Thus, the way the Messenger (saaw) ruled the people (by Islam) is an
obligation. Some argue that the Messenger (saaw) did not leave details about the ruling,
rather he (saaw) left general outlines, and that it is left to our intellect to innovate and
initiate new forms of ruling. Many Muslims believe this point and are using democracy
and parliamentary processes to rule the Muslims.
However, since any order that is addressed to the Messenger (saaw) is also addressed
to all Muslims, the order to rule by the revelation is an order to all Muslims. The Quran
warns us that those who do not rule by Islam are either Zhalim, Fasiq, or Kafirs. When
we study the Seerah, we find an abundance of details related to ruling by Islam. For ex-
ample, the Messenger’s (saaw) saying that:
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“The children of Israel were sent Prophets. Every time a Prophet died or was killed,
another Prophet would succeed him. However, there will be no Prophet after me
and there will be Khulufa and they will be many. So the Sahabah asked,’what
should we do? He said, fulfill the Ba’ayah to the first and then the one who
succeeds him and give them there rights for Allah (swt) will hold them accountable
for their responsibilities.” (Muslim)
In addition, the Prophet (saaw) said that there should be only one Khalifah;
“If the Ba’ayah is given to two Khalilah’s, then kill the latter one” (Muslim)
He (saaw) also told us that whoever backs away from his Bay’ah, Allah (swt) will be
angry with him. The Seerah also defines the pillars of the State’s ruling system - it being
made up of the Head of State, Delegates and Executive Representatives of the Head of
State, Governors, Provincial governors, Amir of Jihad, Judges of the Judicial Branch, The
Majlis of the Ummah (Consultation Assembly), and the Administrative Council.
Since these aspects were detailed as an explanation of the order to rule by Islam, this
explanation takes the same status as the order and is thereby mandatory for us to
implement. This explanation should re lute any claim by any person that utilizing a
democratic, parliamentary, republican, monarchical, or dictatorial method of ruling is
within the boundaries of Islam.
Allah (swt) ordered the Messenger (saaw) to carry the Islamic Dawah. Allah (swt) says:
“
Say (o Muhammad): this Is my way (sabeel), I and whoever follows me call and
invite to Allah ...”, (Yusuf 108)
and He (swt) also says:
“invite to the way of your Lord with hlkmah, and a magnitizing speech
(maw’ithatul-hasanah), and debate with them with what Is better (ahsan).” (An-Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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NahI: 125)
These Ayahs obligate us to carry the Islamic Dawah the way the Messenger (saaw) did.
The Messenger of Allah (saaw) performed the Dawah as a part of a group or party. He
(saaw) did not compromise any rule or letter in Islam, he (saaw) never adopted the
principle of “If you can’t beat them, join them.”
The Messenger (saaw) and his Companions (raa), confronted the Meccan society,
attacking their Aqeedah (beliefs), laws, rulers and concepts, always proposing Islam as
the only alternitive.
This group never engaged in any material struggle such as in terrorist actions, military
actions, or sports training. Their struggle involved a political struggle with the leaders of
the Meccan society like Abu JahI, Abu Lahab, and Walid bin al-Mughirah and the
ideological struggle of addressing the practices of cheating in the scales, burying the
daughters alive, worshipping idols, etc. Consequently, carrying the Islamic Dawah today
cannot be done but with this same prototype in mind.
Unfortunately, many movements are trying to patch and mend the illegal Kufr regimes
that are ruling over them, and others have joined the cabinets of these regimes, or have
participated in the system. These actions are invalid since the actions of the Messenger
(saaw) in explaining the Dawah are the only actions that are binding on the Muslims,
based on the principle that if the rule is an obligation, then the explanation of the rule is
also an obligation.
B. The actions of the Prophet (saaw), which fall under the category of
Mandub or Nafilah.
Examples of such actions are fasting 6 days during the month of Shawwal, making
special Dhikr on occasions, and praying Sunnah Salat.
Following the Uswah (example) of the Messenger (saaw) means to perform the action in
the same way he (saaw) performed it. So, if he (saaw) did an action as Mandub then we
must follow him (saaw) in doing that action as Mandub. If the action is done as a Fard,
then the emulation of that action has to be done as a Fard.
We cannot switch and do any action that he (saaw) did as a Fard and make it into a
Sunnah, and conversely, we cannot change a Sunnah to a Fard. There are, however,
some who feel that actions falling under this category are Fard (mandatory). This opinion
is arrived at without a deep and comprehensive study of all of the evidences and Daleel.
C. The actions of the Prophet (saaw) which fall under the category of Mubah.
Since these actions are permissible, they result in neither attaining the pleasure nor
displeasure of Allah (swt).
An example of such an action is the time duration of ten years for the treaty of
Hudaibyah. The ten years is not a fixed or set limit for treaties to be signed by the
Khalifah. Consequenstly, it is Mubah for the Khalifah to sign a treaty for five or fifteen
years. Another example is digging the ditch in the Battle of the Ditch. This tactic was Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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used to defend Medinah. So today, digging the ditch does not have to be done.
4.2 Basic Terms in Hadith:
The report of Hadith Qudsi can begin in one of two ways:
a. The Prophet (saaw) says reporting from Allah (swt)...
b. Allah (swt) has said as reported by his Messenger (saaw)...
4.2.1 Types of Hadith
Different types of Ahadith exist due to the method of transmission, number of reporters in
each class, and the authenticity of the Hadith.
Mutawatir/Tawatur: a Daleel transmitted by an in-definite number of people. Due to the
large number of people reporting the Daleel and their diversity of residence, reliability, Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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and conviction, it is inconceivable that this Daleel could be fabricated.
The minimum number of transmitters which are required to classify a Daleel as Mutawatir
is generally five. However, some scholars may have a more stringent criteria. The
character of the reporters narrating Mutawatir Ahadith has to be noble.
Ahad: Riwayah Ahad is a number less than the Mutawatir.
Mashoor: A Hadith reported by at least three individuals in every class (Sahabah,
Tabi’een, etc.)
Aziz: A Hadith reported by at least two individuals in every class.
Gharib: A Hadith reported by only one individual in one or more classes
Sahih:
A Hadith narrated by an Adl (not known for misconduct) and Dabeth (maintains accuracy
of the report) person from another person of similar qualities until the end of the report.
The report should also exclude any Shuthuth (disagreement with other credible
reporters).
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Hasan:
Has two definitions:
1) A Hadith which meets the requirements of Sahih to a lesser degree.
2) A Hadith which is acceptable by the majority of the Fuqaha.
Dai’f:
A Hadith not meeting the requirement of either the Sahih or the Hasan Hadith. It can be
one of the following:
Mualaq:
A Hadith which is missing one or more reporters either at the beginning of the Isnad, in
the middle or in the end.
Mu’addal:
A Hadith which is missing two or more consecutive reporters.
Munqati:
A Hadith which has interruption in the class.
Ash-Shaath:
A Hadith in which one credible reporter reports something that disagrees with other
credible reporters.
Muallal:
A Hadith whose Sanad seems to be fine, but due to some reasons discovered by
scholars, it is discredited.
Munkar:
A Hadith in which uncredible reporters convey a message which is in disagreement with
what was reported by credible report-ers.
Mawd’u:
A fabricated Hadith.
4.3 Reconciling a Perceived Conflict Between two or more Ahadith
Some have raised the point that there often appears to be two conflicting Ahadith on an
issue. As a result, they have reached to the conclusion that we have to reject both of
these seemingly conflicting Ahadith and others have even declared that the entire
Sunnah must be rejected. Both of these approaches are completely wrong and absurd.
However, one may wonder what should be done if there seems to be a conflict between
two Ahadith?
Firstly, there can be no conflict whatsoever between the sayings and/or actions of the
Messenger (saaw), except in cases of abrogation. The Messenger (saaw) said:
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‘I used to prohibit you from visiting the graveyards, now go and visit them’
(Muslim, Abu Daoud, An-Nisai and Al-Hakim).
In this Hadith the Prophet (saaw) used to prohibit Muslims from visiting the graveyards,
however this rule is abrogated by the last phrase of the Hadith.
The rejection of the Sunnah cannot be claimed due to the cases of abrogation because
the concept of abrogation is part of Islam. Also, in cases where abrogation occurs in the
Quran, the Ayah is not abrogated, rather the rule which is extracted from the Ayah is
abrogated. Consequently, one cannot delete an Ayah from the Quran because its rule is
abrogated.
Secondly, sometimes the Sahabah (faa) reported a variety of actions by the Prophet
(saaw). For example there are reports that he (saaw) made Salat with his (saaw) hands
on his (saaw) chest, and others said his (saaw) hands were on the midsection. This
doesn’t indicate a conflict, rather, it illustrates that he (saaw) was seen doing both and
that either action is permissible during the Salat.
Thirdly, if there is a seeming conflict between the speech and action of the Messenger
(saaw), then this action is specifically for him (saaw), while the text or the statement is for
the Muslims. An example of this is that he (saaw) used to continously fast day and night,
while he (saaw) prohibited the Sahabah (raa) from this practice.
Examples of some Ahadith in which there seems to be a conflict.
Regarding seeking the help of non-Muslims, we find the following Ahadith:
In one situation Aisha (ra) reported that when the Prophet (saaw) was on his (saaw) way
to the battle of Badr, a very well known courogeous man joined him at a place called
Harratul Wabra. So the Sahabah (raa) were very pleased to see him. When the man saw
the Prophet (saaw), he said “ I have come to fight with you and to get a share of the war
booty. “So the Prophet (saaw) asked him, “do you believe in Allah (swt) and His Messen-
ger (saaw).” The man replied, “no .“ The Prophet (saaw) told him to return back since we
(the Muslims) do not seek help from the Mushriks. The Prophet (saaw) proceeded on his
way to Badr until he reached Al-Shajara. The man came again and told the Prophet
(saaw) what he had told him (saaw) earlier,The Prophet (saaw) asked him the same
question he (saaw) had asked the man before and then told him to return back since he
(saaw) does not seek help from the Mushriks. As a result, the man turned back. The man
joined the Prophet (saaw) again at Baida ‘ah. So the Prophet (saaw) asked him again ‘do
you believe in Allah (swt) and His Messenger (saaw).’ The man replied, ‘Yes.’ Then the
Prophet (saaw) told him to hurry up and go fight.” (Muslim & Ahmad)
In another occasion,” it is reported that the Prophet (saaw) was on his (saaw) way to the
battle of Uhud until he reached Thanniyatul Wada ‘a. Here, he (saaw) met a regiment
and asked, who are they? The Sahabah (raa) told him (saaw), they were from Banu
Qaynuqa ‘a, the faction of Abdullah Bin Salaani. So the Prophet (saaw) asked them, will
you become Muslims? They declined the offer, As a result, the Prophet (saaw) ordered
them to leave saying “we do not seek help from the Mushriks.” Thus, they became
Muslims. “(Al Baihaqi).
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In other situations, the Messenger (saaw) sought the help of a Jewish individual of
Khayhar and even allowed a Mushrik to fight with him (saaw). These Ahadith were used
to justify the presence of the American troops in Saudi Arabia during the Gulf war.
However, they have been mis-quoted and misused. By scrutinizing these Ahadith, one
can see that the Messenger of Allah (saaw) used to sometimes allow only non-Muslims
to fight with him (saaw) as individuals. While, he (saaw) refused the help of non-Muslim
groups or institutions under their own banner. If a group comes to fight under their own
banner, such as under the American flag, their assistance cannot be accepted by
Muslims.
Muammar Qaddafi exploits the idea of contradiction in the Hadith to reject the entire
Sunnah. He claims that Ali bin Abi Talib (ra) was told by the Messenger of Allah (saaw)
that he (ra) would be one of the people of Paradise.
He also uses another Hadith that says that if two Muslims meet each other with swords
drawn, then both of them are in the fire. Since Ali (ra) met Mu’awiyyah in battle, Qaddafi
argues, this Hadith would apply to Ali (ra) and thereby contradict the glad tidings given to
Ali (ra) about being from the people of the Paradise. Based on this supposed
contradiction, Qaddafi rejected the entire Sunnah.
In fact, Qaddafi took this second Hadith out of context. The second Hadith is talking
about two groups fighting out of Fitnah or Kufr, such as fighting for the sake of
nationalism. While, Ali (ra) was fighting for Islam. The Quran tells us that if two groups
are fighting, then make peace between them, and if one group continues to overstep the
bounds, then it orders all parties to band together to deal with the rebel group.
Since Ali (ra) was the legitimate Khalifah and Mu’awiyyah (ra) rebelled, Ali (ra) negotiated
with Mu’awiyyah (ra) and then fought him to stop the rebellion. Ali (ra) was acting on a
Hukm Sharii and this cannot be viewed by anyone as an act that put Ali (ra) in the fire.
Consequently, there is absolutely no contradiction in these two Ahadith. There is no
contradiction or conflict between any two Hadith except in cases of abrogation, in which
the ruling from the latest Hadith is taken Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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5.0 RELATIONSHIP BETWEEN QURAN AND SUNNAH
Allah (swt) says in the Quran;
“He who obeys the Messenger has obeyed Allah.” (An- Nlsaa: 80)
“And Know, by your Lord, they would never believe until they refer to you
in the issues and disputes that are between them” (An-Nlsaa: 65)
He does not speak of his own desires and whims, Indeed he Is
inspired by Wahy (revelation). (An-Najm: 3)
What the Messenger has given you then take It, and what he prohibits
then abstain from it. (Al-Hashr: 7)
“And We have revealed to you (0 Muhammad) the Dhikr, for you to
explain It to the people.” (An-NahI: 44)
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“Say(O Muhammad): If you love Allah then follow me, and Allah
will love you.” (Al-Imran: 31)
The Messenger of Allah (saaw) said:
“One of you who while reclining on his chiar is quoted a Hadith from me,
and he says to the person who quoted the hadith, ‘we have the book
of Allah (Quran), so what we find in it from what is halal we will take
it as Halal, and what we find in it that is Haram, we will treat it as
Haram.” [ The Prophet (saaw) continued…] But whatever the
Messenger of Allah has made Haram, it is like the thing which
Allah has made Haram.”
“One of you who while reclining says. ‘this is the book of
Allah (Quran). what is in it from that whch is halal, we will
use it as Halal, and what is in it from the Haram,
we wiIl take as Haram.’ But whoever delivers from
me a Hadith and he lies in it, he has told a lie on Allah
and his Messenger...” (Both of the above mentioned
Ahadith are reported in many sayings by Abu
Daoud, Ahmad and many others.)
These Ayah and Hadith establish without any doubt that both the Quran and Sunnah are
from Allah (swt) and consequently both are sources for legislation. The Sunnah is a very
fundamental element in Islam and knowing the Sunnah is a prerequisite for
understanding and applying the Quran.
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5.1 The Application of Sunnah
The Sunnah can be applied in five ways:
A. Sunnah can explain a word, which is not explained in the Quran
For example, the Quran says: “Establish the Salat (AI-Baqarah: 43)
The Quran does not explain or provide any details regarding the term, “establish the
Salah.” However, the Sunnah explains the details pertaining to the term “Establish the
Salat.” The Messenger of Allah (saaw) says:
“pray as you see me praying.”
The Messenger (saaw) used to observe people pray and would correct them in the areas
of the Salat where they made mistakes. The issue of explanation and clarification also
extends to the rules of the Hajj, Zakah, Jihad, and others. In summary, the Quran may
mention a term without providing any details, but Sunnah plays the role of explaining
these terms.
B. Quran mentions a general term which could be applied to any person, while the
Sunnah further specifies the term and forms another rule.
For example, the Quran says:
“The man and woman who commit Zinaa, flog each of them with
one hundred lashes.” (An.Nur: 2)
This rule can be applied to any male or female who is found guilty of Zinaa. However, the
Messenger (saaw) stoned married men and women who committed Zinaa. Thus, in this
case, he (saaw) singled out the married man and woman and gave them the rule of
stoning to death for Zinaa.
C rule may be mentioned in the Qur’an without any restrictions, but the Sunnah
places restrictions on the rule.
For example, the Quran says:
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“The male and female thief cut their hands.” (al-Ma’ida: 38)
There is no restriction placed on the rule in the Ayah, which simply states that anyone
found guilty of stealing should have his/her hand cut. However, the Sunnah places
certain restrictions on the application of this punishment. Some of which are that the
stolen property must equal a Nisah, which amounts to one quarter of a Dinar in gold.
Also, the property/wealth must be stolen from a place where such property/wealth is
usally kept.
It has to be kept under average protection, which is relievent to the people and te
property itself. For example, if the jewerly is left in the open instead of locked up place,
then the one who steals it will have his/her hand cut off, even though the action is still
Haram. Another example is if the sheep or horses are not kept in a barn or stable, then
stealing will not call for the implimentation of Hadd, even though stealing them is Haram.
D. An original rule in the quran, which is explained, has no restriction nor
exceptions, but the Sunnah adds new items to the original rule.
“Forbidden to you is your mothers, daughters, paternal
and maternal aunte, nieces, foster mothers and sisters,
mothers-in-law and step daughter…” (An-Nisaa:23).
“No woman can be married to a man who is already married to
her sister or her maternal/paternal aunt.” (Muslim & Bukhari)
Men are also prohibited from marrying the women who breastfed them. Thus, the
Sunnah adds extra items to the Quranic rule.
E. A rule originating from the Sunnah and not the Qur’an.
For example the Messenger (saaw) said:
“People share in 3 things. The water, the graze (kala), and the
fire (inc. power resources).” [Abu Daoud].
The Hadith establishes rules related to public ownership of the natural resources in the
Islamic State. The topic of public ownership in the State was never explicitly addressed in
the Qur’an. 36
6.0 RELATIONSHIP BETWEEN QURAN AND SUNNAH
As defined earlier, Hukm Sharii are the rulings of Allah (swt) addressing our actions.
These rulings are derived from certain sources. The sources which are used to extract
rulings have to be based on Adilla Qataiya (Decisive evidences).
As an example, to have Ijma as Sahabah (Consensus of the Companions) as a source to
extract laws, the concept of Ijma as Sahabah must be based upon Qatai Daleel. Thus,
even though not all the laws extracted from Ijma as Sahabah have to be Qatai, the
concept itself must be.
The four sources of Hukm Sharii, Quran, Sunnah, Ijma as Sahabah, and Qiyas will be
discussed respectively. These sources are agreed upon by the majority of the scholars.
This will be followed by a brief summary of the disputed sources.
6.1 Quran
Muslims follow Prophet Mohammed (saaw) based on his Prophethood. The belief in the
Prophethood means following the Message which the Prophet (saaw) brings. Using
Quran to extract rulings indicates adherence to the Message. There are many Ayah in
the Quran which state that the Quran is a source of ruling, guidance and knowledge.
We have sent down to you the book in truth, that you
may rule between men, as guided by Allah, so
be not (used) as an advocate by those who
betray their trust.’ [An-NIsa: 105]
6.2 Sunnah
The Quran explicitly states that Sunnah is a source for Hukm Sharii.
“It is not for any beliving man or woman, when Allah and HIs Messenger have decided a
matter, to have any choice for themselves in their affaIrs. For whoever rebels aqalnst
Allah and His Messenger has gone astray into manifest error. [Al. Ahzab: 36] 37
“Whatever the Messenger gives you, take it and whatever he forbIds
you of, abstaIn from It;...” [Al Hashr: 36]
Furthermore, there are many Ahadith which state that it is obligatory for us to follow the
Prophet (saaw) as a source for rulings.
Abdul - Aziz reported from Amr bin Amr - the freed slave of Al Mutallib bin Hantab that
the Messenger of Allah (saaw) said:
I have left nothing concerning which Allah has given you an order without giving you that
order; nor have I neglected anything concerning that which He has permited without
giving you that prohibition. (Imam Shafii’s Kitab UI-Urn)
Thus, Sunnah is a legislative source along with the Quran, and the Quran cannot be
understood without the application of Sunnah.
6.3 Ijma
Ijma is the verbal noun of the Arabic word Ajmaa, which has two mean-ings: 1) to
determine 2) to agree upon something. There are many types of Ijma discussed in the
books of Usul al Fiqh. Some of these being, Ijma al Ummah, Ijma al Mujtahideen, Ijma
ahiel Bayet, Ijma al Madinah and ljma as Sahabah.
6.3.1 Ijma al Ummah
In the past and present, some Ulema have taken ljma al Ummah as a legislative source
and it has been defined as the agreement of the Ummah of Muhammad (saaw) on a
matter at anytime, past, present, or future. The one Ayah which is most frequently quoted
in support of Ijma al Ummah is in Surah al - Nisa :115
“And anyone who splits off from the Messenger after
the guidance has become clear to him and follows a way
other than the belIevers, We shall leave him in the path he
has chosen and land him In hell - What an evil refuge.”
(An-Nisaa: 115) 38
Some of the Ulema observe that “the way of the believers” in this Ayah refers to their
agreement and the way that they have chosen, in other words, their ljma. Adherence to
the way of the community is thus binding and departure from it is forbidden. Others have
stated that even if the Ayah constitutes an irrefutable proof, it does not have a Qatai (con-
clusive) meaning.
Secondly, this Ayah refers to the Oneness of Allah and the Prophethood of Muhammad
(saaw). And “Following a path other than that of the believers,” means abandoning
Islam. The Ayah was revealed on the occasion of a Muslim who turned away from Islam.
Thus, the Ayah is not general. Due to these points, utilizing this Ayah as a Daleel for Ijma
al Ummah is invalid.
The Ahadith which are most frequently quoted in support of Ijma al Ummah are:
1.
My Ummah shall never agree on a Dalalah. (lbn Maja)
2.
My Ummah shall never agree upon al Khata (mistake).
3.
Allah will not let my Ummah agree upon Dalalah (astray). (Ibn Maja)
4.
I beseeched Allah Almighty not to bring my Ummah to the point of
agreeing on Dalalali (astray) and He granted me this. (Ibn Maja)
5.
A group of my Ummah shall continue to remain on the right path.
They will be the dominant force and will not be harmed by the
opposition of dissenters. (lbn Maja)
A source for legislative rulings has to be based on a Qatai Daleel. These Ahadith are
Adila Thanniya (Conjectural evidences). Secondly, these Ahadith cover different topics,
first of which is that the Ummah does not agree upon Dhalalah, which means returning 39
back from Islam. In fact, these Ahadith justify that the Muslim Ummah, as a whole, will
not revert to Kufr. Furthermore, the Ahadith which mention “Khata” (mistake) are weak
Ahadith.
Also, if the above mentioned Hadith are taken as a source to justify the honesty of the
Ummah as a whole, these Hadith contradict other Hadith in which the Prophet (saaw)
criticized future generations. As an example, Umran ibnu Haydh reported the Prophet
(saaw) as saying:
“The best of my Ummah are those who lived in my lifetime then
those who lived alter them and those who lived after them.
Then will come a time when people will fabricate stories or
tales without evidence and will cheat and not be trustworthy
nor be faithful and they will appear obese.”
This is reported in many forms by many scholars such as Bukhari and Ahmad Bin
Hanbal. In another saying, the Prophet (saaw) said:
“Lying will become a common practice. the beliver will be called unbeliever and people
will give false testimonies and will testify before being asked and some people will
become like wolves.” (Tirmidi, Ibn Maja and Ahmad)
All these sayings contradict the previous sayings if they are taken to prove ljma al
Ummah, because Ijma al Ummah assumes that the Ummah will always agree on good,
whereas, these Ahadith indicate that some parts of the Ummah will go astray. There
cannot be contradiction in the revelation. Thus, Ijma al Ummah can have no value as a
source for Hukm Sharii.
6.3.2 Ijma al Mujtahideen
Ijma al Mujtahideen is defined as a unanimous agreement of the Mujtahideen (those who
exert their efforts to extract the ahkam (rules)) of the Muslim community of any period
following the death of the Prophet (saaw). The proponents of Ijma al Mujtahideen have
used the same Daleel, which is used for Ijma al Ummah. Thus the same arguments
would apply to Ijma al Mujtahideen.
40
6.3.3 Ijma ahlel Bayt
Some Ulema have confined Ijma to the household of Prophet Muhammad (saaw). In
support of their argument, they refer to the following evidence:
“O Wives of the Prophet (saaw) .... Allah wishes to cleanse the people of the
House (of Prophet (saaw)) of Impurities (ar-rijls).” (Al Ahzab : 32-33)
The proponents of this type of Ijma have said that when this Ayah was revealed the
Messenger (saaw) took his cloak and covered Imam Ali (ra), Hussein, Hasan and
Fatimah (May Allah be pleased with them) and said:
“These are my House:”
Also, the Ulema have backed their argument from the Sunnah with this saying of the
Prophet (saaw):
“I am leaving amongst you two valuable things (al-thaqalayn), the book of Allah and my
(Utra) family. If you abided by them you will never go astray. In another narration, Fear
Allah when dealing with my family (repeated three times).” (Tirmidi & Ahmad).
Thus, the claim is made that Allah (swt) has lifted ar-Rijis from the family of the Prophet
(saaw) and that ar-Rijis means mistake. According to their argument, Ahlel Bayt are in
fallible, and thus, their Ijma is a legitimate source of Shariah.
In response to the Ayah in Surah al-Ahzab, the meaning is not Qatai (decisive). Also, this
Ayah was revealed in regards to the wives of the Prophet (saaw) as well. It is not
exclusive to Fatima (raa), Ali (ra) and their sons (ra). Does this mean that all his (saaw)
wives were infallible?
41
Based on this argument, they should be. Also, the word “ar-Rijis” mentioned in the Ayah
means the lifting of suspicion or dishonesty and not mistake. The word Rijis has been
mentioned in many Ayahs under the meaning of moral impurities such as:
“Thus Allah lays rijs (shame) upon those who believe not“
(Al-Anam: 125)
“It Is not for any soul to believe except by the permissIon
of Allah. He has set Rijs (uncleaness) upon those who
have no sense.” (Yusuf. 100)
Rijis, in these and many other places in the Quranic text, denotes moral impurities.
Removing the Rijis does not in any way mean that they are infallible.
As for the Hadith, which narrated that the Prophet (saaw) covered, with his (saaw) cloak,
Imam Ali, Fatimah, Hussain and Hasan (raa), and then said, these are my family, it is by
no means an indication that Ahlel Bayt is solely limited to them. The word family in the
Ayah in Surah Ahzab means the wives of the Prophet (saaw) as well.
This has been backed by a Hadith of Al-Thaqalayn narrated by Zaid Bin Arqam. For
clarification of this Hadith, Hussein (ra) said to Zaid(ra):
“O Zaid who are his (saaw) family? Are they not his (saaw) wives?”
He said,
“Yes his (saaw) wives are his (saaw) family, but his (saaw) family are those who have
been excluded from accepting Sadaqah (charity).”
So he inquired, “Who are they?” - Zaid said, “they are the family of Ali the family of Aqil,
the family of Jaafe, “Hussain then asked, “have all these people been excluded from
accepting Sadaqah?” And he replied, “yes.”
All of this confirms that the mentioned Ayah cannot be taken as an evidence that the
consensus of ahlel bayt and their infallibility is justified. This means that Ahlel Bayt is not
restricted to Fatima, Ali (ra) and their sons only (may Allah (swt) be pleased with all of
them).
42
6.3.4 Ijma ahlel Medinah
The Ulema who subscribe to this type of Ijma have restricted it to the people of Medinah.
They base their opinion on the Hadith of the Prophet (saaw):
“The Medinah city cleanses all filth (Khabath)’ (Bukhari & Muslim).
The Ulema also claim that Khabath means mistakes and in this case the Hadith would
also indicate that its people are free from mistakes. Since the people are free from
mistakes, it follows that their Ijma is considered valid.
The complete text of the Hadith is mentioned in Bukhari and Muslim. It relates that a
bedouin gave the pledge of Islam to the Prophet (saaw), he then became sick and said: 0
Prophet, (saaw) free me from the allegiance I gave to you. The Prophet (saaw) rejected.
The man then asked again and the Prophet (saaw) again rejected, so he left the Prophet
(saaw) and became well. The Prophet (saaw) said:
“The city of Medinah is like the bellows (an
instruement used by a blacksmith for blowing
air into the fire to make the fire burn quickly). It
deanses its filth (Khabath) and its goodness will
shine.” (Bukhari, Muslim & Ahmad Bin Hanbal)
Any mistake in Ijtihad cannot be considered as Khabath (filth) because there is no reward
in this.
Khabath (filth) has been forbidden by the Prophet (saaw). In the following sayings of the
Prophet (saaw):
“The price (money obtained from selling) of a
dog is Khabaith (filth)’ (Muslim).
“The dowry (money taken for Zina) of a whore
or prostitute is Khabaith (filthy).”
(Bukhari & Muslim).
“Alcohol is the mother of all Khabaith (filth).”
(An Nisai).
43
However, the Mujtahid would be rewarded even if he erred and made an error. For the
Prophet (saaw) said
“My Ummah is not responsible for three things:
mistakes, forgetfulness, and whatever is done under
duress” (Ibn Maja)
So, Khabath cannot be considered as an error and Ijma ahlel Medinah cannot be taken
as infallible. Furthermore, the Hadith used to justify Ijma ahlel Medinah is not Qatai.
6.3.5 Ijma as Sahabah
If the Sahabah (raa) after the death of the Prophet (saaw) were to agree unanimously
upon a solution to a problem without any dissent amongst each other, in the absence of a
ruling from the Quran and Sunnah, then this agreement is considered to be a Daleel.
This agreement must have been based upon some teaching of Muhammad (saaw) of
which they all knew, but which did not reach us directly in the form of Hadith. Therefore,
Ijma as Sahabah is an indication of Sunnah itself.
An example of Ijma as Sahabah is the priority which must be given to the appointment of
a Khalifah for Muslims. The Sunnah of the Prophet (saaw) in forms us that the dead must
be buried quickly and it is forbidden for those responsible for the burial to delay the burial
on account of other things. Yet when the Prophet (saaw) died, the companions delayed
his (saaw) burial until after they had selected a Khalifah from among themselves.
Before the burial arrangements were completed, the Sahabah (raa) had gathered in the
place of Banu Saida and proceeded to select the Khalifah. After discussion of the matter,
all agreed to give Bay’a (oath of allegiance) to Ahu Bakr (ra), after which they buried the
Prophet (saaw). None of them objected to the delay of the burial. The unanimous agree-
ment of the Sahabah (raa) regarding this action is a Daleel for us about the importance of
appointing the Khalifah for Muslims, even more vital than the burial of the Prophet (saaw)
himself.
6.3.6 Daleel Indicating the Authority of Ijma as Sahabah
The Sahabah (raa) were the group who had the best access to the revelation and were
most mindful of holding fast to the revelation in their actions. Their ljma is a proof for the
following two reasons: First, Allah (swt) in the following Ayah praises them as a
community, not just as individuals. 44
“The Vanguard (of Islam)- the first of those who
forsook (their homes) and those who gave them aid
(the Muhajireen and the Ansar) and also those who
follow them in good deeds, Allah is well pleased
with them and they with Allah. And Allah has made
ready with them gardens underneath which rivers
flow and that will be their abode forever eternally,
this their supreme triumph.’ (At - Taubah: 100)
This compliment is given to the Sahabah (Muhajireen & Ansar) for the sole reason of
having been the Sahabah (raa). However, the compliment for others is due to the fact
that they followed the footsteps of the Sahabah (raa). This means that the original
compliment is for the Sahabah (raa). The followers are not complimented but for
following the Sahabah (raa).
Therefore, it can be concluded that the meaning of the Ayah is confined to the Sahabah
(raa) only. Any group of people whom Allah (swt) complements in such a manner, the
truthfulness of what they agree on is affirmed.
Second, doubt in their trust-worthiness leads to doubt in Islam. The Sahabah (raa) were
the generation that transmitted the Quran and narrated the Ahadith. Our entire Deen has
been conveyed to us through the vehicle of this group. This group was the means by
which Allah (swt) chose the Quran to be compiled and preserved. Allah (swt) has
promised to preserve this scripture through them. Allah (swt) say’s,
“Falsehood cannot come at it (Quran) from before
it or from behind It. It is a revelatIon from the Wise,
the Owner of Praise.” (Fussilat: 42)
The important point to remember is that Ijma as Sahabah is not the personal opinions of
the Sahabah (raa) on any technical issue. Rather, it is their agreement on specific things
with regard to its rule in Islam, an agreement on a Sharii issue.
The Sahahah (raa) would not agree that a certain thing is Islamically permitted or
forbidden without knowing whether that action was approved or disapproved by the 45
Prophet (saaw). However, the Hadith in this regard is not narrated to us, instead its rule
is conveyed by the total agreement of the Sahabah (raa). The Ulema are in agreement
that Ijma as Sahabah is a binding proof.
6.3.7 Who is the Sahabi?
There are two definitions of the Sahabi:
1. A Muslim who saw the Prophet (saaw)
2. A Muslim who lived with the Prophet (saaw) for one or two years or participated
in one or two ghazwaat (military expeditions led by the Prophet (saaw)).
The latter definition was reported by Saed bin Musayeb (ra) and is stronger.
6.4 Qlyas
The linguistic meaning of Qiyas is measurement. As a juristic term Qiyas is the extension
of a Shah ruling from an original case to a new case because of the equivalence of the
causes underlying them (Iila). Example of Qiyas:
“0 you who have attained to faith ! When the
call to prayer is sounded on the day of
congregation (Friday), hasten to the
remembrance of Allah, and leave all worldly
commerce: this Is for your own good, If you
but knew it. And when the prayer is ended,
disperse freely on Earth and seek to obtain
Allah’s bounty; but remember Allah often, so
that you might attain to a happy state!’ (al
Jummah: 9-10)
The Ayah mentions that, when the call to prayer is given, one should disengage from all
worldly commerce. The Ayah doesn’t mention to stop such acts as eating, resting, or
anything else other than conducting business. The Ayah mentions that when the prayer
is over, disperse and seek Allah’s bounty. This means that there is a reason to leave the
commerce, being that if we do not, then we will be preoccupied and will forget the prayer.
The application of Qiyas for this example would be for any other activity besides
commerce. This is because the Iilah (missing the Jummah prayer) occurs due to these
activities as well. Therefore, working, playing, eating, etc. are prohibited in the time of
Juma’a because all of these activities prevent Muslims from performing the Juma’a
prayer. 46
6.4.1 Daleel indicating the authority of Qiyas
The Daleel is the Quran and Sunnah because Qiyas is being done on the basis of a Ayah
or Hadith. When a text mentions a reason for a rule, extending this rule to any other issue
having the same reason is considered another application for the text of the Ayah or
Hadith.
There are specific guidelines and requirements for Qiyas explained in the books of Usul
al Fiqh. One such guideline is that there should be no existing ruling from the Quran,
Sunnah, and Ijma as Sahabah for the new case.
Example:
Does a woman have to remove the nail polish before performing Wudhu?
Some people claim that she does not have to remove the nail polish in order to
do Wudhu, and they justify it by doing Qiyas on the performance of Mas-ah
(wiping over the socks).
Qiyas cannot be performed in this situation because the Ayah regarding Wudhu explicitly
orders to wash all parts of the hands, and polish prevents water from reaching the nails.
In the case of Masah (wiping over the socks), the text is not presented with an lila (legal
reason) and cannot be extended to other things. Thus, Qiyas can not be practiced in this
issue.
Some of the other requirements for Qiyas are that the original ruling has to be from
Quran, Sunnah, and Ijma as Sahabah, not from another Qiyas. In addition, the texts of
the Quran, Sunnah, and Ijma as Sahabah must contain the justification for the ruling. We
cannot use our AqI (intellect) to come up with a cause (lila).
47
7.0 SOURCES OF HUKM SHARII NOT AGREED
UPON BY ALL THE ULEMA
7.1 Istlhsan
Istihsan literally means to approve or to do something preferable. It is a derivation of
Hasuna which means being good or beautiful. As ajuristic term, Istihsan is defined as
shifting from one Qiyas to another Qiyas due to a reason or suspending a Qiyas for a
reason. A Mujtahid may take into consideration any of these options.
7.1.1 Types of Istihsan:
A. Istihsan by Qiyas - switching from a ruling of Qiyas to an other ruling of Qiyas
due to a stronger reason.
Example:
Imagine that Ahmad and Muhammad equally own a car. They sell their car to a
friend, Ali for £1000. Ali pays Muhammad £400 as a first payment. However,
before Muhammad could pay Ahmad his share, the money gets stolen. The
ruling from Qiyas in this situation is that both Ahmad and Muhammad have to
equally share the loss since they are partners
Example:
The ruling from Istihsan by Qiyas is that Muhammad should incur the loss and
not Ahmad. The reason is that Muhammad has the option initially to tell Ali to pay
Ahmad by himself. Thus, there is an assumption that Muhammad used this
privilege of collecting Ahmad’s share of the payment even though he had the
option not to.
B. Istihsan by necessity - shifting to another Qiyas due to necessity.
Example:
There is a service offered by a business such as a dry cleaning store, which is a
public service, and another service offered by an employee who is hired
exclusively by someone for a private service such as a computer operator. Both
parties are not liable for any unintentional damages, and this is a ruling from
Qiyas. The ruling from Istihsan due to necessity is that the dry cleaning store
should be liable since it is a public service but not the computer operator since he
is a private employee. The necessity is that if the business is not liable then the
employee hired for the public service may overload himself by taking up other
jobs and may not be able to handle the responsibility. 48
C. Istihsan by Sunnah - Canceling the Qiyas due to a contradiction caused by the
Hadith
Example:
The Prophet (saaw) said he who has Khuzaima as his witness it is enough for
him, meaning that the testimony of that person (Khuzaima) equals the testimony
of two people. While the ruling from Qiyas is to have two witnesses, the Qiyas is
canceled because this was a special situation for Khuzaima by the Prophet
(saaw).
D. Istihsan by Ijma as Sahabah - canceling a ruling from Qiyas due to a
contradiction caused by the Ijma as Sahabah
Example:
Paying a company to manufacture items such as chairs. The ruling from Qiyas is
that it is not allowed because the items under discussion (e.g. chairs) are not
present at the time of the contract. But the ruling from Qiyas is canceled due to
the Ijma as Sahabah.
The first two types of Istihsan have no valid Daleel for their application.
Technically, the third and fourth are not Istihsan; rather, they are ruling based on
a Daleel from Sunnah and Ijma as Sahabah.
The proponents of Istihsan use the following Ayah to validate Istihsan:
‘...And give glad tidings to those of My
servants who listen to the word and follow
the best of It. Those are the ones that Allah
has guided and endowed with understanding
.‘ (ai Zumar:18)
‘And follow the best of what has been sent down to you from
your Lord.’ (al Zumar:55) 49
These Ayahs do not authorize the use of Istihsan. Rather, the Ayah instructs us to follow
the best statements which were revealed, Quran. This is because the second part of the
Ayah describes those who do as the ones that Allah (swt) has guided.
Imam Shafii used to say ‘Those who practice Istihsan are the Sharii (legislator), and if
Istihsan is allowed in this Deen then it should be allowed for any intellectual person to
initiate laws for himself” [Al Risalla]
7.2 Maslaha at Mursalah
Literally, Maslaha means benefit or interest. As a juristic term Maslaha Mursalah refers to
accepting public interest in the absence of ruling regarding an issue from the Quran or
Sunnah.
7.2.1 Types of Maslaha al Mursalah
A. Maslalia canceled by the text - Maslaha (interest) which is canceled due to a
ruling from the text. All agree that this kind of Maslaha is invalid.
Example:
One of the Khalifahs had marital relations with his wife during the daytime in
Ramadhan. One of the Ulema advised the Khalifah to fast two consecutive
months as Kaffara. Another AIim asked this Alim how he issued this ruling when
the Khalifah first must free one slave, and if he could not, then feed 60 people,
and, if he cannot, then he should fast two consecutive months.
The Alim answered, that if he had ordered the first two punishments, then it
would have been easy for the Khalifah and he might have done the same act
again. This form of Maslaha is invalid because a ruling on the issue already
exists from Sunnah. The ruling is that if a person breaks his fast in Ramadhan by
having sexual intercourse with his wife, then he has to free a slave. If he can’t,
then feed 60 peopIe. If he can’t, then fast 60 days. This is based on a Hadith
reported by Bukhari, Muslim, Ibn Maja & Abu Daoud. This order cannot be
changed.
B. Maslaha approved by the Shanah - Benefit which the Shariah doesn’t forbid. As
an example, allowing people to trade. This trade is for the interest of the people
and Quran allowed us to conduct trade. All agree that this type is valid.
C. Adopting Maslaha (benefit) in an action for which there is no ruling from Quran
and Sunnah.
For example compiling the Quran or canceling the Hudd for stealing during
famine.
There is no debate amongst the Ulema on the first two types of Maslaha al 50
Mursalah. But there is disagreement regarding the third type of Maslaha. Some
have accepted it within specific requirements while others have rejected it
outright.
The Ulema who have accepted Maslaha al Mursalah give the following justifications:
A. Shariah, in general, came to satisfy the interests of the people in the correct
manner.
B. Sahabah (raa) agreed through Maslaha (interest) to compile the Quran without
having evidence either in the Quran or in the Sunnah to do so. This is among the
many examples claiming that the Sahaba (raa) compiled the Quran due to its
benefit but without a Daleel.
Regarding the first justification, it is true that the Shariah in general came for the interest
of the Ummah, but we cannot use this argument as an lila (cause) to justify every ruling.
All the rulings from Quran, Sunnah, ljma as Sahabah and Qiyas are there to satisfy our
needs. In addition, a Muslim obeys and implements the rules as obedience to Allah (swt)
and not because the rulings are easy, hard, or connected with Maslaha (benefit). So we
cannot use the benefit as a justification to legalize any action. There has to be an
evidence allowing such an action.
Regarding the second justification: By investigating all of these examples it will become
obvious that the Sahabah (raa) understood the evidences thoroughly. The rules of Usul
al Fiqh were not written at the time. The Sahabah (raa) used to extract rulings because of
their ability to understand both the language and text. We do not observe any actions by
them which did not have grounds from the text.
Regarding the compilation of the Quran, it was not done because of Maslaha. The
Sahabah (raa) understood that they had to do something to preserve the Quran and this
is in compliance with the Ayah:
‘Lo! We revealed the Reminder, and lo! we verily
are its Guardian.’ (Al-HaIr: 9)
In addition to the Ayah there is a Hadith asking Muslims to remove any harm or to avoid
causing any harm.
“There is no Harm or Harming” (Bukhari and Muslim), meaning
that harm is not allowed.
What can be a bigger harm than losing the Quran itself? What Uthman (ra) did by
burning different copies of the Quran and maintaining only one copy fits under the
command of the above mentioned Ayah and Hadith.
Regarding Umar’s (ra) canceling the Hudd for cutting the hand during famine, it is in
agreement with the requirement for cutting a person’s hand for stealing. One of the
requirements is that if the crime of theft happens during famine, then the Hudd is lifted. 51
So, Umar (ra) simply implemented the requirement. The Prophet (saaw) said,
“no cutting in famine.”
Also, the Prophet (saaw) instructed us not to apply the Hudd in case of doubt. Above all,
from the definition of Hukm Sharii, we should realize that it is the address of the Sharii,
Allah (swt). Furthermore, it is well established from the Quran that Allah (swt) has
perfected our Deen and chosen Islam as that Deen. This indicates that the Shariah is
perfect. The concept of Maslaha, however, implies that there are some issues without
rulings from Islam, and to fill this vacuum, we have to apply public interest. This concept
is not correct and therefore, this type of Maslaha is invalid.
7.3 Laws Revealed before Islam
All Shariah (rulings) and Messages of different Prophets (as) came from one source,
Allah (swt). The different Prophets (as) conveyed the same basic Message: Belief in the
Oneness of Allah and the need for guidance to regulate human conduct. In fact, each
Prophet (as) instructed his followers to believe in Prophet Muhammad (saaw) if they were
to live till his (saaw) time.
This is not to say that there is no difference between them. Each of the revealed
Messages were addressed to different nations at different points in time. They each have
their distinctive features, which set them apart from the rest. This is evident by different
Messages having different rulings.
‘For those who followed the Jewish Laws We
forbade Every (animal) with undivided hoof.
And we forbade them the fat of the ox and the
sheep, except what adheres to their backs or
their entrails or Is mixed up with a bone.’
(Al-An’am: 146)
‘We ordained therein for them, Life for life, eye
for eye, nose for nose, ear for ear, tooth for tooth
and wounds equal for equal.’ (Al-Malda: 45) 52
The rule to be stated here is that the Shariah that were revealed before Islam are not
applicable to the Muslims. Allah (swt) says:
‘To you we sent scripture in truth abrogating
(Musadiqun) the scripture that
came before it...’ (AI-Maida: 48)
The Ulema are in agreement that the Shariah of previous Messages are not to be sought.
The Shariah of Islam is the exclusive source of all laws for Muslims.
Allah (swt) says:
‘For everyone one of you we have ordaIned a
divine law and a methodology.’ (aI-Maid’a: 48)
Furthermore, it is well known that the Prophet (saaw) did not resort to either the Bible or
the Torah at any time. Once, the Prophet (saaw) saw Umar (ra) reading from the Torah
and he (saaw) stopped him.
Some people argue that taking a ruling position in Kufr systems is allowed based on the
life of Yusuf (as). This is not allowed because these incidents were before the revelation
of Islam and contradicts what our Prophet (saaw) did in Mecca.
Thus, it should be clear to us that, as Muslims, we follow only the Shariah brought to us
by Muhammad (saaw).
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6.0 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. 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 Shariah.
A person who performs Ijtihad is a Mujtahid; whereas, a person who knows the rules of
Shariah in detail, but is unable to extract rules di-rectly from their sources, is not a
Mujtahid but rather a Faqih, Mufti, or a Qaadi.
The text of Quran and Sunnah which are Qatai (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.
The issues related to the Aqeedah are based on Adilla Qataiya (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 in regards to these matters and
anyone who differs from it is a Kafir.
8.1 Qualifications for performing ljtihad
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 Quran 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 Quran 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.
C. The Mujtahid also needs to be knowledgeable of the Quran, the Makki and the
Madini contents of the Quran, the occasion of their revelation (Asbab al Nuzul)
and must have a full grasp of the legal contents of the Quran, but not necessarily
of the narratives and parables of the Quran 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 (raa) related to the subject at hand. 54
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
exists. It is essential for a Mujtahid to be familiar with the Daleels of other
Mujtahideen, on a particular issue as well 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 doesn’t 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.
8.2 Types of Mujtahld
A. Mujtahid Mutlaq [absolute Mujtahid]
Founders of various schools of Islamic Fiqh such as Abu Hanifah, Shahfii,
Ahmad bin Hanbal, Malik, Jafar and others are considered Mujtahid Mutlaq.
These Mujtahideen set up their own Usul al Fiqh to extract the Ahkam (rules) and
are not restricted by others.
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 55
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 Imam Abu Hanifah.
C. Mujtahid in particular issues only.
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.
8.3 Reasons for differences of opinion among the Mujtahideen
The word Madhab means “school of Fiqh”. The following are some of the reasons for the
existence of Madhahib (schools of Fiqh):
8.3.1 Differences in the Legislative Sources
A. Criteria in evaluating the Sunnah
One Mujtahid may consider a certain Hadith authentic while others may not. This
is due to their differences in the criteria for judging the authenticity of the Hadith.
Example:
Ahadith regarding paying Zakah on women’s jewelry states that a woman came
to the Prophet (saaw) with her daughter and was wearing two bracelets on her
hand. The Prophet (saaw) asked her whether she paid Zakah on the jewelry. She
replied no. The Prophet (saaw) told her, that would you like it if Allah (swt) puts
bracelets of fire in your hand. This Hadith was reported by Amr bin Shuaib.
Some scholars consider this to be an authentic Hadith, while others consider it a
weak Hadith due to the weakness in the Isnad. The individual who said that there
is no Zakah on jewelry are Aisha, Imam Jabir, Ibn Umar, Imam Malik, Imam
Ahmad and Imam Shafii.
Furthermore, one Mujtahid may know of a Hadith while another may not. It is due
to this reason that the Mujtahideen used to say to their students, if you find a
Hadith after you lave me, and it contradicts what I have told you, throw away my
understanding and follow the Hadith.
Example
It is not permitted for a woman while she is menstruating to perform Tawaaf
(circling around the Ka’aba). Based on this, Umar (ra) used to forbid women from
completing the Hajj even if the menstruating started after leaving Arafat, which is 56
the most important part of the Hajj. When he (ra) was informed that the Prophet
(saaw) used to allow women to continue performing Hajj under similar situations,
Umar (ra) subsequently lifted the ban, and allowed the woman to complete her
Hajj.
B. Differences in the Sahabah’s (raa) opinions as individuals
Some scholars accepted the opinion of one Sahabi as a legislative source, while
others treated the Sahabah (raa) as Mujtahids whose individual opinions were not
legally binding.
C. Differences in the practice of Qiyas
Some scholars practiced Qiyas (see section 6.4) while others practiced Istihsan
(see section 7.1)
D. Differences in Ijma (Consensus of Opinion)
Some scholars used Ijma as-Sahabah, while others used Ijma Ahlil-Madinah
(People of Madinah), Ijma Al-Mujtahideen, and various other types of Ijma.
E. Differences in other legislative sources
Some Scholars used Maslaha Mursalah while others did not. This contributed to
more differences among the scholars.
8.3.2 Differences in interpreting the text itself
A. Literalists
Some scholars took the literal understanding of the text, meaning that they took
the text at its surface value, refusing to take deeper understandings. Some of
these scholars were called Zahiris, or those who took only the apparent
meanings of the texts.
B. Those who saw hidden meanings in the text
In addition to the apparent meaning, some Scholars took deeper and implicit
meanings in the texts.
8.3.3 Differences in Methodology of Usul-Fiqh
There were differences in interpreting the forms and types of commands. For example, in
the Hadith regarding the beard, there is a difference of opinion among the Scholars
regarding whether the Hadith indicates Fard, Mandub, or Mubah commands.
57
8.3.4 Differences in Understanding the Arabic Language
This may be due to a different understanding of the Arabic text where it offers more than
one meaning. As an example, Allah (swt) says in the Quran, in translation:
“The divorced woman should wait for a period
of three Quru’” (Al-Baqarah: 228)
Quru’ linguistically, could mean the beginning of the menstruation penod, and it could
also mean the beginning of the purity period. The difference between three Qurus from
the beginning of menstruation and three Quru’s from the beginning of the purity period is
about 7 to 15 days.
Some scholars say Quru’ means the purity period because of a Hadith in which the
Prophet (saaw) instructed a woman to wait for the purity period. Other Scholars say that
this Hadith is not authentic considered the Quran to mean the beginning of menstruation.
Besides all of this, one has to remember that the level of understanding of the text and
the depth of thinking varies from one individual to another. These differences are a
natural aspect of Allah’s creation and a mercy from Him (swt).
It is for these reasons that we have different scholars forming different Schools of Fiqh.
Some of these scholars had students who wrote their understanding of the text and these
writings were considered as their madhahib. These include Abu Hanifah, Malik, Shafii,
Ibn Hanbal, Jafar, and Zaid. Other scholars did not have the opportunity of having stu-
dents write their understanding of the text, and these include Laith, Al Awzaii, and others.
These examples illustrate that there have always been differences of opinion. The
Sahabah (raa), Tabeyin, and Tabe Tabeyin bear witness to this fact. The Mujtahidun
Mutlaq differed in their methodology, which led to the birth of different schools of Fiqh.
Although the Mujtahideen were most convinced by the Ijtihad they performed, they
nevertheless recognized the possibility that they could be wrong. Accordingly, the
Mujtahideen have stated that whatever is correct in their work is from Allah (swt) and the
errors are from them-selves.
However, just because a Mujtahid is wrong, it does not mean that he should be barred
from exercising Ijtihad. On the contrary, the Messenger of Allah (saaw) said,
“Whosoever does Ijtihad and errs therein shall have one reward.
And whosoever performs Ijtihad and is correct shall have
a double reward.” (Bukhari & Muslim)
There is also a severe punishment for those who do Ijtihad without being qualified to do
so, even if they are right. Allah (swt) says:
58
“... pursue not that about which you have no knowledge;
for surely the hearinq, the sIght, the heart, all of those will be
called to account (on the day of judgement.)” (al - lsra: 36)
One should not consider another opinion as being unlslamic simply because it is different
from the opinion that he has adopted. Instead, respect must be given to other opinions on
the one condition that they are bascd,on Islamic evidences. There is no need to respect
opinions which are not based upon a Daleel because there is no place in Islam for
these opinions.
Therefore, it is necessary for every scholar to produce his Daleel in support of an opinion.
This is to instill confidence in Muslims that his opinion is Islamic. Opinions given
without evidence are baseless and should be rejected.
This view towards other Islamic opinions will ensure the correct Islamic attitude.
However, this measure alone will not provide the total answer to the problems we face
today, especially to the problems of unifying Muslims on certain key issues. There will be
many different opinions as to what the Hukm Sharii is. In many instances this will not be
a problem. However, one can imagine where it is necessary for the Ummah to be united
under one opinion; e.g. sighting the moon, electing the Khalifah, etc.
Ijma as Sahabah has established that the Khalifah has the authority to adopt certain rules
and to enact them. The Sharii principle states:
“The Imam’s decree settles the disagreement”, and
“The Imam’s decree is executed openly and privately?’
All Muslims including the Mujtahideen, have to follow the opinion adopted by the
Khalifah, but, they can maintain their opinion and teach it, while their obedience should
be to the opinion that the Khalifah adopts.
An example of this is the adoption of an opinion in the distribution of funds by Abu Bakr
(ra) and Umar (ra). When Abu Bakr (ra) was the Khalifah, he paid equal grants to all the
Sahabah (raa). He (ra) did not distinguish between the early Muslims and the new
Muslims.
When the Islamic State started receiving larger funds through the liberation of various
lands, Abu Bakr (ra)continued to distribute the wealth equally. Umar (ra) and some of the
Sahabah (raa) insisted that the earliest Muslims should be given preference over the
later converts. 59
Abu Bakr (ra) told him that he was aware of the differences that Umar (ra) had
mentioned; however, his opinion was that distributing the funds equally was better in the
sight of Allah (swt) than the principle of preference.
When Umar (ra) became Khalifah, he replaced Abu Bakr’s (ra) adoption of equality with
his principle of preference. Umar (ra) did not like to pay the same amount to those who
fought against the Prophet (saaw) and those who fought with him. Accordingly, he gave a
larger amount to the early Sahabah(raa) who fought in Badr and Uhud and the relatives
of the Prophet (saaw).
Thus, when Abu Bakr (ra) was the Khalifah, Umar (ra) left his understanding and enacted
the decree of Abu Bakr (ra), as did the judges, governors, and all Muslims. However,
when Umar (ra) became the Khalifah, he obliged the enactment of his opinion and it was
implemented by the others.
Different opinions should not be viewed as a weakness or a source of disunity. As we
have seen, Muslims have had varying opinions in many issues since the time of the
Messenger of Allah (saaw), as is mentioned in the Hadith of Banu Quraydhah. As long as
the opinion is based on an Islamic evidence, and this opinion does not contradict an
assured law, it should be respected as an Islamic opinion.
Finally, the way to achieve Islamic unity is not by suppressing different opinions and
calling for the abandonment of madhahib. Rather, it is achieved by Muslims living under
the ideological leadership of Islam where the Khalifah makes the decision of which
opinion to adopt in key issues.
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9.0 A BRIEF OVERVIEW OF SOME SCHOOLS OF THOUGHT
In order to conduct a comprehensive study in this issue, we need to first look at the status of
Fiqh during the time of the Prophet (saaw), the era of the Sahabah (raa), and the era of the
generations that followed them, better known as the Tabi’een and the Tabi’ Tabi’een.
9.1 Era of the Prophet (saaw)
The Prophet (saaw) received the revelation from Allah (swt) and delivered it to all people.
The Muslims who used to live close to him (saaw) were the Sahabah (raa). When the
Prophet(saaw) migrated to Madinah they went along with him. The Muslims of Mecca
were the Muhajirun and the Muslims of Madinah were the Ansar. He (saaw) received the
Message from Allah (swt) and was ordered to convey it. Allah (swt) says in the Quran:
“O Messenger, deliver the Message that was sent down to you
from your Rabb, and if you did not do it, you did not
convey His Messaqe...~ (Al-Ma’ida: 67)
‘And We sent down to you the Zikr (the Quran), so that you would
explain to mankind, that which was snt down to them’ (An.Nahi: 44)
With these Ayah in mind, there are certain points that need to be men-toned:
1. No one would give a Fatwa in the presence of the Prophet, since they knew that
he (saaw) was the authority.
2. Sometimes the Prophet would give the Sahabah (raa) an instruction, and the
Sahabah (raa) would understand that instruction in two different ways. Moreover,
the Prophet (saaw) would approve both groups in following their understandings.
For example, the Prophet (saaw) gave the following instruction:
61
1. “He who believes in Allah and the Day of Judgment should not pray Salatul-
Asr, except in Banu Quraydah” (Bukhari)
2. One group of the Sahabah (raa) took the order at face value and journeyed to
the area where Bani Quraydah resided, where they prayed Salatu-Asr. The
second group however, thought about the order and evaluated that the intent
of the order of the Prophet (saaw) was for them to hasten to the area of Bani
Quraydah. So they prayed SalatulAsr, and then rushed to Bani Quraydah.
Both groups of the Sahabah (raa) discussed their different understandings of
the same order of the Prophet (saaw), and referred it back to him(saaw). The
Prophet (saaw) approved both understandings. It is important to note that the
differences did not occur due to an ambiguity in the order, rather it occurred
due to the ability of Arabic language to convey various meanings and
understandings.
3. If the Sahabah (raa) were traveling, without the Prophet (saaw), they used to
conduct Ijtihad, and then refer back to the Prophet (saaw) when they returned.
For example, one Sahabi (ra) was wounded and was in a state where he
needed to perform Ghusl before he could make Salat. He inquired from the
Sahabah (raa) whether he could do the Tayamum in place of Ghusl (usually
Tayamum replaces the Wudu). He was told that he could not make Tayamum
and so he performed Ghusl and died. When the Prophet (saaw) heard about
this occurrence he (saaw) said,
“They killed him..?’
Then he (saaw) said:
“Shouldn’t they ask if they don’t know...” (Abu Daoud)
In another example, when Mu’ath ibn Jabl (ra) was being sent as a Wali to Yemen, he
was asked by the Prophet (saaw) “With what will you judge?” He replied “The Quran,
then the Sunnah, then by my Ijtihad.” This Ahadith is considered to be Hasan by most
scholars of Usul-al-Fiqh, while some scholars of Hadith do not consider it Hasan.
The preceding points illustrate that the Quran and the Sunnah were the only acceptable
reference points for the Sahabah (raa), and that they would refer back to the Prophet
(saaw) in cases of uncertainty.
9.2 Era of the Sahabah (raa)
After the death of the Prophet (saaw), the Muslims selected Abu Bakr (ra) as the
Khalifah. One of the first issues he faced was a confusion on the part of Fatimah (ra),
daughter of the Prophet (saaw), on inheriting a piece of land which the Prophet (saaw)
owned. Abu Bakr (ra) quoted the following Hadith which resolved the matter,
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“We (Prophet’s) do not leave things for inheritance.
Whatever we leave is charity.”(Bukhari & Muslim).
She (ra) then suggested to Abu Bakr (ra), to let her (ra) supervise the property and to
distribute it the way the Prophet (saaw) used to do. Abu Bakr (ra) refused saying:
“I am not going to quit doing anything the
Messenger (saaw) used to do.” (Bukhari).
In another narration, Abu Bakr (ra) said,
“I am in charge after the Messenger (saaw).”
Thus, Abu Bakr (ra) pointed out to Fatima (ra) that if he (ra) gave her (ra) this authority
then what is the point of having a Khilafah. Moreover, it was not up to her (ra) to act on
behalf of the Khalifah.
At that time Abu Bakr (ra) gathered the Sahabah (raa) and asked them where are you?
Why are you leaving me? (Abu Bakr (ra) was referring to the Sahabah (raa) leaving for
the newly liberated lands). If you want me to be the Khalifah you cannot just appoint me
and depart. Thus, Abu Bakr (ra) maintained this group of Sahabah (raa) with him (ra).
During this era, with the death of the Prophet (saaw), the Sahabah (raa) began
performing ljtihad for problems that arose which were not explicitly expressed in the
Quran and Sunnah. The Sahabah (raa) compiled the Quran, and many of them had
already committed the whole Quran to memory. The Ayah of the Quran were also written
on stones, tree barks, or pieces of leather, and were scattered amongst the Sahabah
(raa) in general.
Additionally, most of the Hadith were not documented, rather they had been committed to
memory. No one single person had memorized the entire Sunnah as they had
memorized the entire Quran. Nonetheless, the Quran and the Sunnah together served as
the reference point for the solutions to the problems that the Sahabah (raa) faced as a
whole. After a while they found that not every single person was capable of
understanding Islam, and so they began a program of educating those Muslims who
were incapable.
At the time of the death of the Prophet (saaw), the Sahabah (raa) numbered in the
thousands, however only about seven to ten of them used to give Fatwa more than the
others, and were considered practical Fuqahaa or people who were able to give the
Islamic rule in practical, day to day problems. Included in this group were Umar, All, lbn
Umar, Ibn Abbas, lbn Mas’ood, Zaid bin Thabit, and Aisha (raa). In their endeavors to
determine the Hukm Sharil rules for problems, the Sahabah (raa) adhered to the Quran 63
and Sunnah; however, they still arrived at varying and different opinions.
For example, in the issue of divorce, Abu Bakr (ra) and Umar bin Al-Khattab (ra) had
different opinions. Umar (ra) was of the opinion that if a man says to his wife “I have
divorced you” three times in one sitting, then the man would have divorced her three
times and could not remarry the woman until she married and was divorced by someone
else. While Abu Bakr (ra) was of the opinion that this would result in only one divorce.
In another example, Abu Bakr (ra) used to distribute the spoils of war equally amongst
the Sahabah (raa). When, Umar (ra) became the Khalifah, he did not give those who
became Muslim recently and who had fought against the Prophet (saaw) in the early
wars, like Khalid bin Al-Walid (ra), as much as he gave to those who had accompanied
the Prophet (saaw) in those earlier wars.
The differences amongst the Sahabah (raa) were not only limited to the details of the
Hukm Sharil, they also had differences in certain branches of the Aqeedah.
However, these difference of opinions may exists in the branches of the Aqeedah, mainly
due to linguistic structure of the Arabic language. Whereas, in the core of the Aqeedah
there is only one correct understanding.
For example, in an issue related to the Aqeedah there is a difference of opinion regarding
Israa’, Allah (swt) says;
“Glory be to He who took His ‘Abd on the Night Journey (lsraa)
from Masjld Al-Haram to MasJid Al-Aqsaa...’ (BanI-lsrael: 1)
Most of the Sahahah (raa) were of the opinion that the physical body of the Prophet
(saaw) made the night journey or the Israa. Aisha (ra) and Mu’awiyah (ra) however were
of the opinion that the physical body of the Prophet (saaw) did not make the journey and
that only his (saaw) spirit made it. Aisha’s (ra) justification was that he (saaw) was not
missed and no one remembers his (saaw) body leaving.
Another example is where Aisha (ra) was told by a Sahabi (ra) that the deceased person
will be punished because of the wailing and loud crying performed by his family. Aisha
(ra) rejected this claim because she understood that it contradicted the Ayah that says:
‘No one will bear the burden of another..’ (Al-Anam: 146) 64
Imam Baghawi in his hook “the Lights of the Sunnah,” remarked that Aba Bakr (ra) used
to look to the Book of Allah (swt) to solve his problems. If he couldn’t find a solution there,
he would go to the Sunnah, and if he could not find it there, he would ask some of the
Fuqahaa among the Sahahah (raa) for their ljtihad in the particular issue.
Imam Baghawi goes on to say that Umar (ra) used to consult the Sahabah (raa) even
though he was a well known Faqih.
Even though the Sahabah (raa) disagreed, their disagreement was well within the
guideline of understanding the text and this was considered normal. Imam Muhammad
Abu Zahrah, while discussing the era of the Sahabah (raa), said that it is important to
remove two misconceptions.
A. The first is that some people said that the Sahabah (raa) used to disregard the
authentic Hadith and based their judgments on their mind or own rational
thinking. Imam Zahrah said that it should be understood that none of the
Sahabah (raa) left the text for their own rational opinion, rather their opinions
were based and influenced entirely by the texts. He uses an example from the
Khilafah of Umar bin Al Khattab (ra), when he delayed cutting off the hand of the
thief. Some people use this instance as an example that Umar (ra) did this solely
due to his own thinking.
This claim is incorrect, since there is a Hadith where the Prophet (saaw) said:
“Don’t implement the hudood in the cases of doubt.” There is also another Hadith
in which the Prophet (saaw) states: “There is no cutting in a famine.” And
Medinah was in fact experiencing a famine at the instance when Umar (ra)
postponed implementing the Hud.
B. Some tried to classify the Sahabah (raa) into two groups: Those who adhered
strictly to the traditions (Ahiul-Hadith), and those who did not adhere to texts,
called Ahlul-Ra’ee. They claim that the first group did this because they were
Classical Traditionalists, while the second group were Revivalists.
This claim is incorrect, since both Ahlul-Hadith and Ahlul-Ra’ee adhered to the
text. Imam Zahrah cited the example, which they use, regarding the stray animals
in the State. The Prophet (saaw) said to leave them and they will reach their
owner. But Umar (ra) acted differentiy in this regard. He put them in one place
and allowed the owner to identify them and take them.
It should be clear that Umar’s action was in line with the Prophet’s (saaw), in that the
objective was to allow the wandering animals to reach their owner. The Prophet’s (saaw)
style or means in solving the problem was to allow the animals to wander.
However, during Umar’s (ra) time, when the State had expanded to the areas of Sham
and North Africa, the tactic of putting the animals in one location was used to solve the
same problem of returning the stray animals to their owners, and there is no conflict. So
what Umar (ra) did was part of his responsibility which requires adopting some admin-
istrative procedures. These administrative decisions can be changed.
It should be understood that there is a difference between an administrative order and a 65
legislative order. Ordering a person to do his Salat if he made a mistake is a legal order,
while tying up a wandering camel is an administrative order.
9.2.1 Why was there Difference of Opinion amongst the Sahabah (raa)?
The text sometimes could be understood in different ways due to the structure of the
Ayah, and/or the structure of the Arabic language. For example, Allah (swt) says:
‘The divorced woman should wait for
3 periods (quru)’ (AI•Baqarah: 228)
A. The word Quru in the Arabic language can mean the time when the woman
begins her menstruation, or the post menstruation period. The difference
between 3 cycles beginning with menstruation and 3 cycles beginning with the
purity period is about 7 to 15 days.
B. Sometimes a Sahabi would issue a Fatwa without having heard of a Hadith
related to that issue, and which another Sahabi knew. However, these cases
were usually resolved later.
C. How they viewed the texts and the methodology of interpretation. An example
deals with the inheritance of the grandfather. Abu Bakr (ra) said that if one dies
leaving a father, brothers, a wife and children, the presence of the father, who is
considered the grandfather of the deceased person’s children, would prevent
other brothers from inheriting the wealth. Umar (ra) said that he would give the
brothers and the grandfather the same amount after discussing this issue with
Zaid bin Thabit (ra) (the foremost Sahabi in the area of inheritance).
9.3 Era of the Tabi’een
When Umar (ra) became the Khalifah, if anyone from the Sahabah (raa) wanted to
migrate to to the newly liberated lands, he would have to take the permission of Umar
(ra). Upon the request, Umar (ra) would grant a leave for a specified number of months
on the condition that they would return.
When Uthman (ra) became the Khalifah, he allowed the Sahabah (raa) to disperse. The
Sahabah (raa) began leaving Med inah, heading out to regions such as North Africa,
Sham, Kabul, and even Peking, while others went back to Mecca. For instance, lbn
Masud (ra) went to Kufah, Abdur-Rah man bin Awf (ra) reached Peking, while Abdullah
bin Umar (ra) stayed in Madinah. However, for the most part, the two main groups of
Sahabah (raa) were either in Kufah or Madinah.
Those whom we call the Tabi’een were the followers and companions of a specific 66
Sahabi. For example, Sa’eed ibnu Musayyib, Nayfeh, and Salem ibn Abduilah bin Umar
are well known Tabi’een who followed Abdullah bin Umar (ra). Most of the Tabi’een were
not Arabs so they learned the Arabic language, and in some cases they learned the lan-
guage better than the Arabs themselves, and became major contributors to Fiqh.
9.3.1 AhIul Hadith & Ahiul Ra’ee
During the days of the Tabi’een, two major methodologies of understanding the text
arose:
a) Ahlul-Hadith (The People of Hadith) in Madinah.
b) Ahlul-Ra’ee (The People of Reason) in Kufah.
Those who followed Ahlul-Hadith (The People of Hadith) had more Hadith at their
disposal and relied on the Hadith more than on Qiyas, while Ahlul-Ra’ee (The People of
Ra’ee) relied more on Qiyas and the meanings behind the text, but did not at all neglect
the Hadith. Another difference between the two schools is that the Ra’ee (reasoning) in
the School of Ra’ee was based on Qiyas while in Madinah Ra’ee was based more on an
elaboration of the text itself. Ahiul-Hadith (The People of Hadith)
Ahlul-Hadith (The People of Hladith) in Madinah
Among the Tabi’een in Madinah were Sa’eed ibnu Musayyib, Zuhri, Yahya, and Rabiah-
ar-Ra’ie, ‘Urwa, Abu Bakr bin ‘Ubaid bin Harith, Qasim bin Muhammad bin Abu Bakr,
‘Ubaidullah, Sulayman bin Yassar, Kharija bin Zaid bin Thabit. They took their Fiqh from
Abdullah bin Umar (ra). Sa’eed ibnu Musayyib was known as Al-Jareei (The Outspoken)
or the one who has the guts to make Ijtihad, while Rabiah was called Ar-Ra’ee because
of his common practice of making Ijtihad.
The populace in Medinah had lived with the Prophet (saaw) and took his (saaw) actions
and sayings in a more practical manner. Thus, Ahlul-Hadith (People of the Hadith)
emerged in Medinah.
There is also a misconception that Ahlul-Hadith (The People of Hadith) used to only
adhere to the Hadith without performing Ijtihad whatsoever. This claim is false. For
example, Imam Malik bin Anas, who emerged from the School of Medinah, used to do
Ijtihad according to Masalaha Mursalah even more than Abu Hanifah, who emerged from
the School of Kufah.
Ahlul-Ra’ee (The People of Reason)
Among the Tabi’een in Kufah were Ash-Sha’bee, Hasan al-Basree, and Ibrahim an-
Nakha’ee, Hammaad, Alqamah bin Qais, Majsood bin Ajdah. These Tabi’een took their
Fiqh from Ali bin Abi Talib (ra) and Abdullah bin Mas’ood (ra). Some of the Tabi’een such
as Ash-Sha’bee were considered Muhadditheen (Scholars of Hadith).
The populace in Kufah (Iraq) was experiencing many problems such as the fabrication of
Hadith, political turmoil, etc., and the scholars were very careful in collecting Hadith due
to the possibility of fabrication. Due to these problems, they often used reasoning.
Reasoning (Ra’ee) here implies opinion derived from different understandings of the text. 67
Thus, they came to be known as Ahiel Ra’ee (People of the Reasoning).
The word Ra’ee linguistically means: opinion. Therefore some people think that the term
Ahlul-Ra’ee (The People of Ra’ee) mean the people who present their opinion. This is a
misconception, to anyone who believes that their opinion was based on their own
desires. The opinion presented by Ahlul-Ra’ee was through their Ijtihad which was based
on the legislative evidences, i.e. Quran and Sunnah.
The Prophet (saaw) said “Allah does not remove the I’lm alter it was given to you, rather
the I’lm would be removed with the death of the ‘Ulema. Then some people, who are
ignorant, will start giving their Ra’ee based on their desires and they are misled and will
lead the Ummah astray.” (Bukhari & Ahmad)
He (saaw) also said: “My Ummah will be divided into 70 something sects. The worst
group will be those who will start taking the Deen from their Aql.’ (Al Darami)
He (saaw) also said: “He who adopts an opinion based on his AqI, he will reserve for
himself a place in the hellfire.” (Bukhari & Muslim)
These Ahadith are clearly referring to the person who adopts opinions or gives Fatwa
based on his Aql without any evidence from the Shariah. Ahlul-Ra’ee on the other hand,
were those who exerted their utmost effort in scanning the Islamic texts, and then issued
an opinion. This process is called Ijtihad.
Some people say that Ahlul-Ra’ee did not utilize Hadith in issuing their opinions. This
claim is false. People like Ash-Sha’bee were recognized Muhaditheen while being from
Kufah and from Ahlul-Ra’ee.
The main difference between them was that the People of Ra’ee practiced more Qiyas
and Istihsan and they went deeper into the text to extract more rulings than the People of
Hadith. These two main schools influenced many other schools of thought.
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9.4 Madhab of Imam Abu Hanlfah (ra)
Abu Hanifah al Numan ibn Thabit ibn Zuta (80-150 A.H./700 - 768 A.D.) was born during
the Khilafah of Abdul Malik bin Marwan. Imam Abu Hanifah lived through 52 years of
Ummayyid rule and witnessed the Khilafah of ten Umayyad Khulufa including that of
Umar bin Abdul Aziz who ruled when the Imam was 18 years of age.
He also saw 18 years of Abbasid rule, including that of Saffah and Mansoor. He realized
that the Ummayyids had no claim on the Khilafah but he did not rebel against them since
they were given the Bay’ah. He also did not speak out against the Abbassids; however,
he started doing so when they started harassing the descendants of Ali (ra). Imam Abu
Hanifah earned the title of Imam ‘Aazam. Imam Shafii used to say:
“The people in Fiqh are dependent upon Abu Hanifah.”
He was born to a well known Persian family in Kufah and spent most of his life there. His
father was a good friend of Ali bin Abi Talib (ra). The two Sahabah (raa) who established
the Kufa School were Ali bin Abi Talib (ra) and Abdullah bin Mas’ood (ra). They taught
Tabi’een like Shurayh, Arqam bin Qais, Masrooq bin al-Ajdah. They in turn taught
Ibrahim An-Nakha’ee, Ash-Sha’bee. These two taught Ham maad Ar-Raawiyyah, who
served as the teacher of Imam Abu Hanifah. Abu Hanifah studied with Hammaad for 18
years and took over his study circle (halaqah) after Hammaad’s death in 120 A.H. Abu
Hanifah also studied from Imam Jafar as Sadiq.
Abu Hanifah’s two most famous students were Muhammad bin al-Hasan, and Qadee
Abu Yusef, who served as Chief Justice in the time of Haroon ar-Rashid and wrote a
book called Al-Kharaj which detailed the Economic system in Islam. Each of Abu
Hanifah’s students developed into Mujtahids of their own right, with the ability of
developing their own Usul ul-Fiqh. However, they kept the Usul of Abu Hanifah and were
considered Mujtahids of the Madhab of Abu Hanifah.
Abu Hanifah was a trader by profession, specializing in silk. In his early life he studied
‘ilmul Kalaam, but abandoned it afterwards. Once he heard his son Hammaad, debating
in ‘ilmul Kalaam, he discouraged him from doing so. His son asked him why he was
prohibiting him when he himself used to debate in ‘ilmul-Kalaam.
Abu Hanifah replied that he used to debate in ‘ilmul Kalaam while being afraid that others
would be wrong in an issue. Whereas you are debating with the hope that your opponent
would be wrong in an issue in order to exploit his mistake. He who wants his opponent to
make a mistake in ‘ilmul Kalaam means that he wants him to be a Kafir (‘ilmul Kalaam
deals with the issues of the Aqeedah), and he who wants his opponent to be a Kafir will
become a Kafir before his opponent. So do not debate in ‘ilmul Kalaam.
9.4.1 Books and Students from the Madhab of Imam Abu Hanifah
Abu Hanifah wrote many books, and his students also authored many important books
on Islam. The books of Abu Hanifah include Fiqh-ul-Akbar and Al ‘Alim-ul-Muta’allim.
The books of those who followed his Madhab include, but is not limited to the following;
69
9.5 Madhab of Imam Malik (ra)
Malik ibn Anas (93 AH- 179 AH) was born and passed away in Medinah. His ancestral
place was Yemen. After the birth of Islam, his ancestors who had become Muslims
migrated to and settled in Medinah. He received his education in Madinah, which was the
highest place of learning in the vast Islamic State and housed most of the distinguished
Sahabah (raa) of the Prophet (saaw).
He studied under Abdur-Rahman ibn Hormuz, who advised Malik that:
“The Alim (Scholar) should teach the people to say: ‘I do not know’ Imam Malik followed
and adhered to this advice throughout his life. Once a man attended his Halaqah and
asked him a question to which Imam Malik replied; “I do not know, no one else ever
asked this question... the scholars, from before never discussed such a topic.”
Then Imam Malik told the man to come back the following day and he would see If he
would be able to supply the answer. When the man returned the following day, Imam
Malik again told him that he had no answer. The man then told him that he had heard
that Imam Malik was the most knowledgeable man in the world, and so if Imam Malik did
not know, then who else would know. Imam Malik kept with his answer that he did not
know.
Imam Malik also studied with Ibn Shihaab Az-Zuhri; Naafi’ the ex-slave of Abdullah bin U
mar; Yahyah ibn Saeed; Rabiah ar-Ra’ee; and Jafar As-Sadiq. Imam Malik learned Ar-
Ra’ee from Rabiah and from Yahyah ibn Sa’eed, and he learned Hadith from Naafi’ and
from Ibn Shihaab Az-Zuhri. Therefore, we can say that Imam Malik had studied from both
schools of Hadith and Ra’ee, since Ra’ee was also being taught in Al-Madinah.
Imam Malik was known for his very sharp memory and quick thinking. He used to think
very hard and carefully to arrive at his opinions and never rushed to issue a Fatwa. Once
someone asked him a question, and another person remarked that the question was very
easy. Imam Malik replied that there is nothing easy or trivial with regard to giving a rule.
Imam Malik also disliked lengthy arguments. He was once asked that if a person was
very knowledgeable in the Hadith and Sunnah should that person continue arguing his
point. Imam Malik replied that such a person should just issue his opinion and his 70
evidence without engaging in too much of a discussion or debate.
Imam Malik’s classes were characterized by their serenity, discipline and high sense of
respect, exhibited by the students for their learned teacher. Once, during his visit to
Madinah, Harun ar Rashid wanted to hear the Muwatta (collection of traditions by Imam
Malik). Harun sent for the Imam who advised him saying: “Rashid, tradition is a learning
that used to be patronized by your ancestors. They had utmost regard for it. If you do not
respect it as a Khalifah no one else will. Furthermore, people come to seek knowledge
but knowledge doesn’t seek people. “Khalifah Harun ar Rashid agreed to listen to the
Muwatta with his students.
Among the persons who benefited from Imam Malik’s learning were Khulafah such as
Mansur, Hadi, Haroon, and Mamun. Scholars like Abu Hanifah, Shafii, and Abu Yusuf to
name just a few, also benefited from the teachings of Imam Malik.
Imam Malik lived under the rule of the Ummayyads and the Abbassids. He did not
entirely agree with their rule, nor did he join the rebels, but rather he advised that the
people should not tolerate their wrong doings. He was not exempt from problems with the
rulers, especially during the era of Abu Jafar al-Mansoor. Imam Malik had reported a
Hadith in which the Prophet (saaw) said:
“There is no oath if given under duress.”
At that time some of the Shi’ah, under the leadership of Muhammad Nafsul Zakiyyah
were leading a revolt against the Khalifah, using this Hadith as a basis for their revolt.
Abu Jafar’ al-Mansoor sent a messenger to Imam Malik to ascertain if this Hadith had in
fact been reported and supported by Imam Malik. Imam Malik told the messenger that he
had in fact reported that Riwayah, and so the Khalifah understood from the reply that
Imam Malik was a part of the Shi’ah’s rebellion. He was imprisoned and was beaten very
severely to the point that his hands became deformed (Imam Malik after this used to pray
with his hands at his side).
Afterwards, Abu Jafar tried to reconcile with Imam Malik. Imam Malik once said:
When I entered to meet Abu Jafar during the Half season, he told me: ‘I swear by Allah, I
did not instruct anyone with what happened to you. The people of Al-Haranzayn will
remain in a good condition as long as you are with them. Allah lfted up this Ummah as
long as you are with them. I ordered the Wali who was responsible to come to me and I
have put him in jail, humiliated, insulted and punished him with more than what you were
punished.”
Imam Malik continued, ‘May Allah give you good health and a good destination on the
Day of Judgment. I have forgiven that Wali since he is a relative of the Prophet (saaw).”
71
9.5.1 Books and Students from the Madhab Imam Malik
His book Al-Muwatta is one of the earliest collections of Ahadith. Imam Malik was one of
the greatest scholars in the field of Hadith. He was also one of the few who wrote down
the results of his Isnad (chain of reporters) in his collection of Hadith for the benefit of
later generations.
He began writing it during the era of Al Mansoor and finished it during the era of Al
Mahdi. Harun Ar-Rasheed wanted to adopt it as a legislative source of Islamic State’s
canons but Imam Malik refused, and was also against the idea of hanging a copy in the
Ka’bah. The book Al Mudawan Al Kubrah is also attributed to him.
Well-recognized Malaki scholars include;
9.6 Madhab of Imam Shafii
Muhammad ibn Idris ash- Shafii (150-205 AH, 767-820 CE) is considered to be the
architect of Usul al Fiqh. He was born in Ghazza (Palestine) and when he was two years
old his mother took him to Mecca. Imam Shafii is from the tribe of Quraysh and his
lineage meets with the Prophet (saaw) at Abdu Manaf.
At an early age, his mother took him to the local Kuttab to memorize the Quran, but since
they were poor and could not afford the tuition, he was not allowed to attend the classes.
He used to stay within an earshot of the class listening to the instructions of the Shaykh
and memorizing them. When the teacher would leave, young Shafii would go to help the
students with their memorization. The teacher learned about this and allowed young
Shafii in the class with the condition that he would help the students with their
memorization.
When he was about seven years old he had memorized the Quran, and then went to
Masjid Al-Haram where he studied the Arabic language. By the time he graduated, he
had learned all the versions of the classical Arabic language. His statements are
considered to be standards in the Arabic language. After completing his Arabic studies, a
man advised him to study Hadith, Fiqh, and Ulum-ul-Quran, and so he moved to
Medinah.
There he studied under Imam Malik ibn Anas prior to his death in 179 AH. It was directly
from Imam Malik that Imam Shafii learned the Muwatta. He then traveled to Iraq, where
he stayed as the guest of Muhammad bin Al-Hasan, the student of Abu Hanifah. Imam 72
Shafii would debate and study with both Muhammad bin al-Hasan and Qadee AbuYusef.
He would then return to Medinah, around 174 AH, to visit with his old friend Imam Malik.
After the death of Imam Malik, Imam Shafii traveled to Yemen. There he met Umar bin
Abi Salamah, teacher of al Awzaii, a great scholar in Usul al Fiqh.
While there, some problems arose between the Khalifah Harun arRashid and AhI-ul-
Bayt. Imam Shafii was accused of siding with the Ahl-ul-Bayt against the Khalifah, and
was arrested and taken to Baghdad to the court of the Khalifah. After a discussion with
the Khalifah to clear himself of any wrong doing, Imam Shafii was invited by the Khalifah
to advise him. It is recorded that he was so firm and strong in his advise to the Khalifah,
that the Khalifah wept.
While in Baghdad he met Abdur Rahman Bin al Mahdi (scholar of Hadith) in 195 A.H.,
who asked him to write a book explaining the methodology of understanding Fiqh. In this
work, Imam Shaffi combined both the School of Hadith in Madinah and School of Ra’ee
in Kufah. He was able to do this because he was acquainted with both schools. In
Medinah he studied under Imam Malik and in Kufah he met Muhammad bin al Hasan
(follower of Hanafli school of Fiqh). The outcome of this book was called Ar-Risala (This
old version does not exist today).
Imam Shafii then decided to move to Egypt. While in Egypt Imam Shafii rewrote his book
Ar-Risala. In the New Risala, he established new principles in Usul a! Fiqh. Thus, his
changing to a new methodology changed his Fatwas because the pattern for giving
Fatwas is as follows:
Usul al Fiqh Fiqh Fatwa
Some think that Imam Shafii changed his Fiqh due to the new circumstances or
environment in Egypt. We must understand that Imam Shafii did not rewrite his book for
the sake of it, or because he changed his location. There are really only two possibilities
for the re-writing of ArRisala.
A. Imam Shafii had put in his mind that he wanted to reach a specific conclusion
and in order to do so he would have to change the basis for those predetermined
conclusions, or
B. Imam Shafii found that the old basis he had used was wrong, and so it was
necessary to redo or to revise his basis for deriving his Fiqh.
If there is a change in Usul al Fiqh there will obviously be a different ruling and not vice-
versa, because a Mujtahid is not allowed to think of a ruling before deciding on which
sources to extract the rulings from. Therefore, as a result of changing the Usul al Fiqh
there were different Fatwas. The reason for the change was that he thought that his
earlier Usul al Fiqh was wrong. This change was not due to time or place. Therefore, his
Madhab had changed completely because his Usul al Fiqh had changed. This very
important point, if it is not understood correctly could prove to be misleading.
Imam Shafii never debated in ‘ilm-ul-Kalaam. Regarding it he used to say; “Debating in
Fiqh, at the very least would lead the people to make fun of you, for example, saying the
Diyah for murder is an egg. Debating in ilm ul Kalaam, they would say that you are 73
deviating and making a Bid’ah. So go and debate in Fiqh, and leave ‘ilm- ul-Kalaam.”
9.6.1 Books and Students from the Madhab of Imam Shafii
Imam Shafii’s books include:
Those who are considered to be from his Madhab include;
Ibn Kathir, As-Syuti, Al-Muzni, Al-Buwaytee, and Ar-Rabee.
9.7 Madhab of Imam Ahmad ibn Hanbal
Imam Abu Abdullah Ahmad bin Hanbal (164 AH - 241 AH) was born and passed away in
Baghdad. His mother and his uncle took care of him due to the death of his father when
he was very young.
Baghdad at that time was experiencing a very strong intellectual movement, and was the
Capital of the Islamic State. It was residence for many scholars and intellectuals. It was in
this environment that Imam Ahmad studied the Quran, Arabic language, Hadith, the
sayings of the Sahabah (raa), and the Seerah of the Prophet(saaw). At an early age it
was quite evident that Imam Ahmad possessed a very sharp and keen intellectual ability.
He was known to be very serious in his youth. At about 15 years of age, in 179 AH, he
began studying and taking care of the Science of Hadith, under the tutelage of Qadee
Abu Yusef. In 186 AH Imam Ahmad began traveling to Basrah, Hijaz, and Yemen. It is
reported that he went to Hijaz at least five times. In 187 AH he met Imam Shafii in Mecca.
In Yemen he took Hadith from Az-Zuhri and Ibn Musayyib.
A person once asked him about his busy traveling schedule and he replied; “I will keep
my pen with me all the way to the grave. “He met Imam Shafii again in Baghdad and
studied in Imam Shafii’s Halaqah. Imam Shafii said “When I left Baghdad, I did not leave
behind me a person who is more knowledgeable and better than Ahmad.”
Imam Ahmad came up at a very opportune time, in that he got a chance to read what
was already documented by the great scholars before him such as Al-Aathar by Yusef
bin Qadee Abu Yusef, the works of Muhammad ibn Hasan, Imam Shafii and Imam
Malik’s Al-Muwatta. He was able to study Hadith, Sunnah and Fiqh all together. He col-
lected 40,000 Ahadith in his famous book called Al Musnad. In this book he classified the
Hadith based on the names of the Sahabah (raa) who reported them, as well as the Fiqh
of the Sahabah (raa).
74
At the age of 40, he began his own Halaqah, although it was reported that before this he
had already been issuing Fatwa. He used to give two Halaqahs, one was public and the
other was for his students and his children. He used to instruct his students to write down
the Hadith and did not encourage them to write down his Fatawa.
9.71 Imam Ahmad and ‘IIm~uI-Ka!aam
A man wrote a letter to Imam Ahmad asking him to debate with a person from the
Muttakallimeen (one who practices lIm ul Kalaam). Imam Ahmad replied that he already
had the chance to meet with those from the Muttakallimeen but he chose not to sit down
with those deviant people. Imam Ahmad’s opinion was that the Book of Allah had to be
taken the way it was revealed.
Because of such a position, he was usually at odds and in direct confrontation with
people like the Mu’tazilah, who at that time were supported by the Khalifah Ma’mun. The
Mu’tazilah used to say that the Quran was created and developed this opinion as a
reaction to a position held by some of the Christians at that time.
A Christian during that time called Yuhannah Al-Damashqee used to instruct his followers
that the best way to debate with the Muslims was to ask them about Allah’s speech or
word, and whether it was eternal or not. If they say it is eternal, then Jesus would also
have to be eternal since the Quran says Jesus is Kalimat-ul-Allah, or Allah’s word. If they
say that Allah’s speech is not eternal, then this would mean that Allah’s speech was
created.
Being influenced by this, the Mu’tazilah began carrying the opinion that the Quran was
created, thinking that this would cut off any avenue that could lead to the conclusion that
Jesus was eternal. This opinion was adopted by the Khalifah Al Ma’mun in the year 212
AH, and in 218 AH Al Ma-mun began imposing this opinion on the people, enacting a
punishment on those who would not say that the Quran was created.
Imam Ahmad was one of the few people who stood fast in his opinion regardless of the
punishment that he would face. He refused to say what the Khalifah was trying to
persuade him to say. When the people asked him why don’t you just say the Quran was
created and you will be free from the persecution? Imam Ahmad replied, “Then how will
the Ummah know the truth?”
Imam Ahmad’s opinion was that the entire issue was not one to be discussed since it
was no more than a reaction to the Christians’ debate, and that such an issue regarding
the Islamic Aqeedah was never discussed by the Prophet (saaw), nor any of the
Sahabah (raa). While discussing this issue with another scholar who followed the
Mu’tazllah’s opinion, Imam Ahmad said;
“You are saying something that the Prophet, Abu Bakr, Umar Uthman and Ali never said.
This could mean one of two things. Either you say they knew it and kept quiet, or that
they did not know about it. If they knew it and kept quiet then I will follow their opinion. If
they did not know about it, then who are you to know something (regarding the Islamic
Aqeedah that the Prophet (saaw,) did not know?”
It should be clear here, regarding the opinion adopted by the Mu’tazilah, that the issue is
not whether they were right or wrong, rather the issue is with regard to using ‘iIm ul- 75
Kalaam. Because of ‘lIm ul-Kalaam, Muslims began debating issues that were once
debated by the ancient Greeks, and as a result, they lost a clear understanding of many
issues related to the Islamic Aqeedah. The Islamic Aqeedah should be understood within
the methodology of the Quran.
This methodology separates between two Daleel, i.e. the mind and the conclusive texts
(Quran and Mutawatir Hadith). The mind is used to become convinced that the universe
was created and is organized by Allah (swt); that the Quran was revealed by Allah (swt);
and that there is a need for a Messenger to convey this Message and that Prophet
Muhammad (saaw) is the Messenger to whom the Quran was revealed. Once we believe
in these principles of the Islamic Aqeedah, then the role of the mind is to understand the
conclusive texts as they were given with regard to the angels, Jinns, the Day of
Judgment and the hereafter.
We should not discuss any issue dealing with the Ghayb or the unsensed with our minds.
The correct way is to believe in everything that the Revelation brought to us the way it is,
without trying to change it, adding to it, deleting from it or twisting its meaning. This
means that issues such as the Jinns, angels and the attributes of Allah (swt), cannot be
discussed based on our minds or intellect.
Recently, some muslims have been led to belive that Allah(swt) has feelings, is happy
and celibrates when muslims follow HIS commands. It should be mentioned here that
Allah’s(swt) justice is clear cut and there is no ambiguity. On the day of resurrection
every human will be questioned about what they had done and more importantly what
they had not done. Allah’s(swt) descions are final and only by the intervention of SAAW
will their be any mercy. It is not correct that Muslims associate feelings and other joyfull
attributes to Allah(swt) as this is unfounded and cannot be substantiated. However, it can
be substantiated that Allah(swt) commands must be followed precisely without deviation,
thus punishments will be based up adherance to these commands.
We cannot even describe the attributes or anything related to the entity or essence of
Allah (swt). Because of ‘ilm ul-Kalaam, Muslims started carrying certain deviant opinions
and ideas regarding the Islamic Aqeedah, which resulted in one of the many factors
which led to the decline of the Muslim Ummah. It should be also clear that none of the
four Imams ever got entangeled in ‘ilm ul-Kalaam.
Imam Ahmad did not document his Fiqh as did Imam Shafii’, and consequently his Fiqh
was transmitted by his students. Imam Ahmad is said to have many opinions regarding
an issue, and this caused some people to say that Ahmad was a Muhadith rather than a
Faqih. It is important to note here that the varying opinions of Imam Ahmad were actually
his quoting the varying opinions of the Sahabah (raa), without weighing one opinion
against the other.
Besides being a great Faqih, he was a great scholar in the Sunnah. His title was Imam al
Sunnah and the eliminator of Bid’a.
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9.72 Students from the Madhab of Imam Hanbal
Well-recognized Hanbali scholars:
9.72.1 Ibn Taymiyyah
Ibn Taymiyyah (661 AH - 728 AH) was born in a family wherein both his father and
grandfather were scholars of the Hanbali Madhab. Under the supervision of his father he
memorized the Quran, studied Hadith, and learned Hanbali Fiqh. After the invasion of
Baghdad, at the hands of the Tartars, he moved to Damascus where he became
engaged in various activities aimed at waging Jihad against the invading Tartars.
He is characterized as the one who rejected Taqleed or imitation; he never followed the
Sufi approach and used to call for Jihad; and he used to call for Hanbali Fiqh which often
put him in direct con frontation with those who utilized other Fiqh.
He disagreed with all four Imams on many issues and used to be confronted because of
it; however, he never compromised his position. He also tolerated the other opinions as
long as they were based on the Islamic texts, even though they conflicted with his own
opinions.
In his book, Al Fatawa, he wrote that Ahl as-Salaf had many opinions, even in the areas
of the Aqeedah. Throughout his life Ibn Taymiyyah never tolerated injustice from any
ruler and worked tirelessly for the complete and comprehensive implementation of Islam
in the Islamic State.
It’s unfortunate that some Muslims who promote the ideas and understandings of Ibn
Taymiah make excuses for unjust rulers and their tools, the paid scholars. They do all of
this while claiming that they are following the example of Ibn Taymiyyah. If one really
wants to follow Ibn Taymiyyah then one must follow his comprehensive approach to Is-
lam. Quoting one sentence or opinion of lbn Taymiyyah and using it as a generalization
for his entire life actually does a disservice in the presentation of the life of such a great
scholar of Islam.
9.8 Madhab of Ibn Hazm
Ibn Hazm (384 All - 456 AH) was born in Cordoba in Andalucia (Spain) which at that time
was the capital of science for all of Europe. He studied Quran, Hadith, and Maliki Fiqh.
He then moved to study Shafii’ Fiqh, and left it. Later on, he moved to study about the
Madhab of Abu Dawud Az-Zahiri from Mas’ud bin Sulayman.
Ibn Hazm rejected Qiyas and took only the literal meaning of the text to the point that if a
man urinated in a body of water; for example, he would consider the water Najis (filthy); 77
however, if the urine was from a pig, then the water would not be considered as Najis.
Ibn llazm fought against Taqleed and called the people to discuss issues based on the
Daleel. This caused him some problems from some people at that time. His most
important book is Al-Muhalla.
9.9 IntroductIon to Madhab of Imam Zaid and Imam Jafar
The Messenger of Allah (saaw) died without appointing a specific person to succeed him
(saaw) as a Khalifah. After the Sahabah (raa) met and deliberated, they decided to select
Abu Bakr (ra) as the Khalifah. All the Sahabah (raa), including Ali (ra), gave the Bay’ah to
Abu Bakr (ra). Before he died, Abu Bakr (ra) nominated Umar bin Al-Khattab (ra) to be
his successor, after consulting with the people of Medinah. Umar (ra) became the
Khalifah; however, only after being given the Bay’ah. On his death bed, Umar (ra)
nominated 6 people and suggested that the Khalifah be chosen from among them.
Included in this list of nominees were Ali bin Abi Talib (ra) and Uthman bin al-Affan (ra).
Abdur-Rahman bin ‘Awf (ra) withdrew his name from the list of nominees and
coordinated the selection process of the other five nominees. He later announced that
Uthman (ra) had received more support than Ali (ra) from the people, and so the Bay’ah
was given to Uthman (ra) as the third Khalifah.
During Umar’s (ra) Khilafah, he restricted the Sahabah (raa) from leaving Medinah, but in
Uthman’s (ra) Khilafah, the Sahabah (raa) were allowed to disperse from Medinah. There
were some decisions made by Khalifah Uthman (ra) that were debated by some of the
Sahabah (raa). Some people from Egypt and other out-lying territories, orchestrated by
Abdullah bin Saba, advanced to Madinah in order to kill the Khalifah Uthman (ra).
Abdullah bin Sabaa was a Jew, who supposedly converted to Islam.
All of the Sahabah (raa), including Ali (ra), tried their best to negotiate with those people,
but they were not inclined to listen to what was being presented by Ali (ra). The issue
escalated and led to the assassination of Uthman (ra). Those who were guarding Uthman
(ra) at the time of his assassination were extremely honorable people and included Ali’s
(ra) sons Hasan (ra) and Hussein (ra); however, the guards were eventually
overwhelmed and Uthman (ra) was assassinated.
This event actually illustrates that the Sahabah (raa), including Ali (ra), viewed Uthman
(ra) as the legitimate Khalifah, to the point that they sent their sons as personal guards
for Uthman (ra) during this conflict.
With the assassination of Uthman (ra), the rebels approached Ali (ra) to give him the
Bay’ah, and Ali (ra) refused, saying that he wanted nothing to do with such filthy people.
The Sahabah (raa), however, approached Ali (ra) and gave him the Bay’ah, and only
then did he become the Khalifah.
During the era of Ali (ra), he had differences with some of the Sahabah (raa). Actually Ali
(ra) found himself facing a variety of critical issues. Such as his (ra) opinion that the
organized conspiracy which led to Uthman’s (ra) assassination was an organized internal
disruption rather than a one man effort. There were differences with Sahabah (raa) such
as Talha, Zubair, and Aisha (raa); the rebellion of Mu’awiyyah (ra) and his persistence in
having Uth man’s (ra) killers handed over to him; some of Ali’s (ra) so-called “supporters”
began evoking claims that Ali (ra) was God incarnate.
From his side, Ali (ra) chose to handle all of these crises at once; he killed those who 78
claimed that he was god; moved to Kufah to deal with the Talha, Zubair and Aisha (raa)
issue; and was able to overcome this although it led to the killing of Talha and Zubair
(raa); and then he (ra) moved towards Syria to deal with Mu’awiyyah (ra). All of these
activities caused Ali (ra) to be continuously engaged in one conflict or another. Finally the
conflict ended in his (ra) assassination.
It is within this environment that the seeds of the Shi’ah were sown and started growing.
In the beginning it started as a political movement working under the pretext of getting
the Khilafah back to Ali (ra) and his descendants. Later on it was given its intellectual
context. The Shi’ah were divided into many groups. Some went to the extreme claiming
that Ali (ra) was god. Others claimed that the Messengership was meant for Ali (ra) and
not for Muhammad (saaw). These two groups were not considered Muslims. Even the
Shi’ah label these groups as non-Musurns. In addition to this, there were others like the
Zaidis and the Jafaris who did not at all go to these extremes.
Some people presently generalize and label all of the Shi’ah as non-Muslims. This
generalization is not at all correct, since not all of the Shi’ah believe that Ali (ra) deserved
the Messengership or that Ali (ra) was god incarnate, or that the Quran was changed and
is imperfect. The Zaidis and the Jafaris cannot be labeled as non-Muslims since they do
not adhere to such Kufr beliefs. However, if an individual carries such beliefs or ideas
then that individual deserves the label as being non-Muslim, whether he is Shi’ah or
Sunni. Anyone who carries Kufr ideas and concepts, even if he was born to Sunni
parents, they will not be considered as Muslims.
9.9.1 Madhab of Imam Zaid
Imam Zaid bin Ali (80 AH - 122 AH) was born in Madinah. His father Ali, son of Al-
Hussein bin Ali bin Abi Talib the fourth Khalifah, was one of the few descendants of
Hussein that were spared at Karbalah. Imam Zaid’s father was highly respected and
highly educated, and rejected the extremism of those who claimed themselves to be
Shi’ah.
It was in this environment that Imam Zaid was born. His father died when he was 14
years old and his elder brother Muhammad al-Baaqir took care of him. His early
education was taken from his elder brother Muhammad al-Baaqir, who was considered at
that time as a great scholar. He also studied with another great scholar, Abdullah bin
Hasan bin Ali. Both Al Baaqir and Abdullah bin Hasan were teachers of many great
scholars and Imams like Abu Hanifah and Imam Malik, who took Hadith from them. Zaid
also studied under other Tabi’een who were residing in Madinah.
Later on Imam Zaid moved to Basrah where he met Waasil bin Ataa, the founder of the
Mu’tazilahs. He kept moving between Iraq and Hijaz seeking knowledge. Abu Hanifah
once said about Imam Zaid;
“I met with Zaid and I never saw in his genenition a person more knowledgeable, as
quick a thinker or more eloquent than him. He was in a class by himself.”
Imam Zaid had differences with Khalifah Abdul Malik, and even rebelled against him. He
went to Kufah where he was joined by Shi’ah of Iraq. 15,000 people gave him the Bay’ah
in a Masjid, but only about 400 of them stood with him when he faced the army of the
Khalifah. Imam Zaid felt that a military confrontation was the best way to deal with
Khalifah, and felt let down after he was abandoned by his so called supporters in the 79
same way that his grandfather Hussein was abandoned by his supporters.
Even though both Imam Hussein and Imam Zaid utilized military confrontation to
correct the situation in the Islamic State at that time, it seems that what was
needed to be established was a group that would work in the Ummah to educate it
and serve as a safeguard for the Ummah, instead of rebelling against the Khalifah
without this preparation, which did not at all solve the problem but rather made
matters more complicated.
The stand by Imam Zaid and his few supporters against the army of the Khalifah ended
with his death. He was heard saying; “I am worried that I will be let down just like my
grandfather Al Hussein was let down, “ and in fact this was true.
Although he viewed Ali (ra) as deserving of the Khilafah, he also recognized the Khilafah
of Abu Bakr, Umar, and Uthman (raa). He also believed that the Khulafaa did not have to
be predetermined by the texts, but that it was enough to be from Banu Hashim; and that
the Khalifah was not infallible. He did not document his Madhab, rather it was done
afterwards.
His Fiqh was documented in Al Majmu’, which was documented by his student Abu
Khalid Amr ibn Khalid Waasifi. The Grand Majmu’ or Al-Majmu’ Al Akbar is made up of
two sections, Majmu’ Al-Hadith and Majmu’ Al-Fiqh.
After Imam Zaid’s death, many students from his Madhab emerged, especially in Yemen.
The most interesting thing about this Madhab is that they never closed the door of Ijtihad.
This Madhab is very close to that of Abu Hanifah’s in the areas of Mu’amalaat or
transactions. Nowadays this Madhab is said to be the closest to the four popular
Madhabs of Abu Hanifah, Malik, Shafii, and Hanbal.
Imam Abu Zahrah, in his book History of the Islamic Schools of Thought (Taareekhul
Madhabil Islamiyyah), said that there are two Zaidi Madhabs, the one before his death
and the one that emerged after his death.
After the problems which occurred with the Khalifah Al Mansoor, the Zaidi Madhab
became weak and other Shi’ah Imams started to in fluence it. Some of these Imams did
not approve of the Khilafah of Abu Bakr (ra) and Umar (ra) and so there is an
appearance that this was an inherent part of the Madhab. However, presently the Zaidis
have gone back to Imam Zaid’s adoptions. Two of these scholars who followed the early
Madhab of Imam Zaid are Imam Shawkanee and Imam Muhammad bin Isma’eel As-
Sana’anee. 80
Imam Shawkanee
One of the most famous scholars of the Madhab of lmam Zaid is Imam Shawkanee.
Imam Shawkanee died in 1250 AH in Yemen. His writings show that he was against
Taqleed. They also show that he treated all Madhabs equally, including the Zaidis, and in
the issues of the Aqeedah he did not go against that of the Salaf at all. Imam
Shawkanee’s books include Nayl Awtaar, in Hadith and Fat-hul-Qadeer, in Taf’seer.
Imam Muhammad Bin Isma’eel As-Sana’Anee
Imam Muhammad bin Isma’eel as-Sana’anee (1059 AH - 1182 AH) was born in Yemen
and moved to Mecca, where he developed to be an extremely capable Mujtahid. He
rejected the Taqleed, and was severely challenged by those who refused the concept of
Ijtihad; however, he held his ground and never paid attention to his objectors. One of his
many books is Subul-us-Salaam, in Hadith.
Both Subul-us-Salaam and Nayl Awtaar are considered presently to be extremely
essential for their contributions in the area of Fiqh and Hadith.
9.9.2 Madhab of Imam Jafar
Though the Shi’a Imamia is also called Jafariah, this does not mean that the sole source
of the Shi’a Fiqh is Imam Jafar. It is mixed with others. The Jafariah Madhab is
composed of Fiqh from other people such as Qumi, Tousi and Qulani. Thus, it is very
hard to verify what was reported by Imam Jafar. Among the Jafariah claims are:
A. The Imams were appointed by the Prophet, namely Ali (ra) and his descendants.
The twelve Imams are as follows:
1. ALI
2. HASAN
3. HUSSEIN
4. ALI ZAIN-UL-AABIDEEN
5. MUHAMMAD AL BAAQIR
6. JA’FAR AS-SAADIQ (6Th IMAM)
7. MUSA AL-KAZIM
8. ALI AL-RIDA
9. MUHAMMAD AL-JAWAD
10. ALl AL-HADI
11. AL HASAN AL-ASKAREE
12. MUHAMMAD BIN AL-HASAN (12TH IMAM)
B. Imams are infallible.
C. Imams have qualities, which elevate them above the level of Prophets. In the
words of Ayatollah Khomeni: “The Imam has an exalted position, an elevated
rank and a creational vicegerency (califate) to whose sovereignty and dominion 81
all of the atoms of the universe yield and obey and, among the basic tenets of our
Madhab is that the Imams have a position which cannot be attained by either an
angel close or a commissioned Prophet. Furthermore, based on the narration’s
and Hadith which we have, the greatest Prophet and the Imams existed before
this world as lights which Allah made to encircle His throne.” (Khomeni, Al-
Hukoomah al-Islamiyyah p.52)
D. Tuqiyyah is allowed. Tuqiyyah states that a Muslim is allowed to hide whatever
he believes in due to certain circumstances. The Jafaris claim that Imam Jafar
said: “It (Tuqyyah,) is my Deen and the Deen of my forefathers” about Tuqiyyah.
E. Some of the Jafaris claim that the 12th Imam was born and was hidden in his
early childhood. However, Al-Kulaynee, in his book Al Kafee, reports that the
12th Imam’s father died before his birth. The pregnancy period passed and the
expecting mother realized that she was actually not pregnant, and so the 12th
Imam was never born.
These are but a few of the opinions of those who claim to follow the Madhab of Imam
Jafar. Let us now study his life to determine if such claims were actually from Imam Jafar.
Imam Jafar as Sadiq bin Muhammad al Baqr (80 AH to 148 AH) was born in Madinah
and is the nephew of Imam Zaid and grandson of Zain Ali-Aabideen. The Shi’a consider
Imam Jafar as the sixth Imam. His father Muhammad AI-Baaqir used to be approached
by people like Safyan Ath-Thawri, Sufyan bin Ayaynah and Abu Hanifah in their quest for
knowledge. Al Baaqir highly respected Abu Bakr, Umar, and Uthman (raa), and he used
to say: “He who does not recognize Abu Bakr and Umar is ignorant in the Sunnah.”
In another occasion he told his student Jaabir Al Ja’fee: “0 Jaabir I know that some
people in Iraq claim that they like us, but they try to undermine Abu Bakr (‘ra,) and Umar
(ra) claiming that I instructed them: to do so. Tell them, that indeed, I denounce them for
the sake of Allah, and if I were in charge, by him in whose hands is the soul of
Muhammad, I would slaughter them, and shed their blood in order to get closer to Allah.
May the intercession of Muhammad not cover me if I do not ask Allah to forgive both Abu
Bakr and Umar and give them, both His mercy. Allah’s enemies are absent minded and
neglectful of them.”
Muhammad Al-Baaqir used to do Tafseer of the Quran, report Hadith whether the reports
came through Ahi-ul-Bayt or from the other Sahabah (raa) without distinction. He was
actually married to the granddaughter of Abu Bakr As-Siddiq, and Imam Jafar was born
from this marriage. This means that his mother’s line ended with Abu Bakr (ra) while his
father’s ended with Ali bin Abi Talib (ra).
Imam Jafar grew up in Medinah where the Sahabah (raa), their traditions and works
remained and where the Tabi’een used to live. He used to stay close to his grandfather
Zain ul-Aabideen, where the Tabi’een would come to discuss issues of Islam with Zain.
Therefore, Imam Jafar would take from both the Tabi’een and from Ahl ul-Bayt. His
mother was also the daughter of Qaasim bin Muhammad bin Abu Bakr, one of the seven
great Tabi’een, whom people like Imam Malik used to study. This shows that Imam Jafar
had a wide and comprehensive understanding of Islam.
With the death of his father, he continued seeking knowledge. He used to study in depth,
the opinions of different scholars, and after a long debate with Abu Hanifah, Abu Hanifah 82
declared: “The most knowledgeable person is the one who is the most knowledgeable of
their differences, “referring to Imam Jafar. Many scholars such as Imam Malik and Abu
Hanifah used to sit and take reports from him.
Imam Jafar and Public Life
Jafar witnessed at an early age, his uncle’s move against the Ummayyad Khalifah. He
realized how his followers had let him down. Therefore, he was able to develop a
complete image about the people who were calling themselves the Shi’ah. Later on, in
the Abbasid Khilafah, since they were also from Bani Hashim, it was expected that the
situation would change for the better with Ahl ul-Bayt.
However, when some of Ahl ul-Bayt rebelled against the Abbasids another massacre
occurred and another era of persecution was witnessed by Imam Jafar. So we find him
trying to keep away from the political life as much as possible, and he never claimed the
Bay’ah for himself. However, this does not mean that he did not have nor develop
political opinions. In his era, the extremist opinions of Shi’ah appeared. Such ideas
included that the Sahabah (raa) being Kuffar, the slandering of Abu Bakr and Umar (raa),
and claims that such ideas were from Jafar and Imam Al Baqir. Also in his era, the
Khattabiyyah, another deviant group, emerged.
The Khattabiyyah movement was developed by a Persian named Abul Khattab, who
claimed Prophethood. Imam Jafar took the responsibility of clearing the mess being
purported by the Khattabiyyahs which caused him to suffer a lot in this cause. For
example, it was reported that the Khalifah Al Mansoor summoned Imam Jafar to him,
based on reports that Imam Jafar was collecting Zakah on his own. He later found that
this claim was false and was probably spread by the enemies of Imam Jafar.
Fiqh of Imam Jafar
Beside his struggle to clean up the mess of the deviant people, Imam Jafar also made
great contributions to Fiqh and Hadith. The Fiqh of Imam Jafar is considered to be one of
the Fiqh from the Sunnah. However, there are some people who claim themselves to be
Jafaris who try to present a different picture of Imam Jafar.
Al Kulaynee, in his book Al Kafee, claims that Imam Jafar has a special ‘lim which was
carried from the well of the Prophet to Ali (ra), and then to the other Imams, arriving to
Imam Jafar, who then transferred it to the remaining Jafari Imams. This special
knowledge Al Kulaynee called Al Jafr. This Jafr gives to the imam who carries or has it,
knowledge of the Ghayb or the unsensed, and it seems as if this claim actually came
from Al Khattabiyyah.
Such claims are not at all expected or suspected to be from the honorable and
trustworthy Imam Jafar, especially when we realize that the reporter, Al Kulaynee,
purports claims that the Quran was tampered with. It is clear that these heretic claims
attributed to Imam Jafar and Imam Zaid are false, and that these honorable and
trustworthy Imams would not have said such things.
Finally, the Muslim Ummah has witnessed turmoil throughout its history. We now have to
come to realize that blaming each other for the division of the Ummah is not the answer
to our current problems. The Muslim Ummah has to agree on the issues of Islam that are
undebatable, and it has to realize that there are issues where it is natural for differences
to arise, and so room has to be given for those differences.
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The Ummah has to agree that there is no God but Allah (swt) and that Muhammad is His
last and final Messenger; that no revelation was delivered to any one else after him; that
he did not hide any aspect of the Message nor did he give parts of it to a special elite.
The Muslim Ummah must realize that it must be ruled by Islam, and that the Islamic State
should adhere to the texts of Islam, i.e. Quran and Sunnah, and that it must deal with
everyone from the Islamic point of view regardless of race, color, sex, sect, or religion.
The Islamic State and the Khilafah is not a theocracy, the Khalifah is not God’s
representative in earth, and infallibility is a prerequisite for Prophethood because it
cannot be imagined that the Prophet (saaw) could make a mistake in delivering the
Message. The Khalifah does not need a prerequisite of infallibility since his role is to only
implement Islam, which was already completed and sealed with the death of the Prophet
(saaw), without any room for deletion or addition.
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10.0 DO WE NEED A NEW SCHOOL OR MADHAB?
Some claim that it is mandatory to adhere to one Imam or one school of Fiqh. This is
completely wrong since we are ordered to follow Islam and not to one specific human
being. And the person who meets the requirements of Ijtihad does not have to adhere to
one specific school of thought. Even if someone is not a Mujtahid, he does not have to
follow one specific school. Rather, each individual is ordered to follow the Shariah which
is extracted or deduced by Mujtahids. Consequently, the adherence is to the Shariah and
not the Imam or the Mujtahid. This point was emphasized by each of the scholars and
Imams.
On the other hand, the claim that we need a new school of Fiqh due to the current
situation of the Muslim Ummah is unfounded. Since what is really needed is the
application of Islam in a comprehensive way, and not just to develop another school
among the other already existing schools of Fiqh. There are however, two factors that
must be kept in mind.
1. New problems emerging daily, in every era and every generation, and that
2. The Ummah is ordered to follow the divine rule to solve any problem.
These two factors require therefore, that every generation of the Muslim Ummah must
have at least one Mujtahid amongst them in order to address the newly arising problems.
In order to deduce the Hukm Sharii, this Mujtahid does not have to discuss old problems
since they are already addressed. Therefore, in this regard, the need is for Mujtahids to
meet the requirements of Ijtihad, in order to address new problems and not necessarily
form a new school of thought.
However, the presence of vast numbers of Mujtahids among the Ummah to find solutions
to the newly arising problems was greatly reduced when the doors of Ijtihad were closed.
This tragic event took place after the sacking of Baghdad in the Seventh Century Hijri.
This led to a problem in the Ummah because closing the door of Ijtihad resulted in very
few people who could perform Ijtihad. Thus the newly arising problems were not being
solved through the Shariah.
The closing of the doors of ljtihad resulted in the development of various philosophies
concerning the status of the Ummah in its adherence to Islam. These philosophies can
be summarized as follows:
A) Some people started issuing opinions concerning the new problems, from their
own minds, without any Daleel or specific methodology of conducting ljtihad.
B) Others prematurely jumped to answers without acquiring the necessary
prerequisites for Ijtihad, claiming that Ijtihad should not be closed and that the
current situation provided everyone with the chance to perform Ijtihad.
C) Others began undermining Ijtihad, claiming that every issue is debatable and
therefore it is up to the individual to pick and choose whatever is most convenient.
85
All of these claims mentioned above are invalid because they caused Muslims to
start taking their desires, wishes, intellect, or someone else’s intellect as a
reference, while we are ordered to take Islam as the one and only reference.
Doors of Ijtihad should not have been closed because without Ijtihad new problems
would not be addressed by the Hukm Sharii. Yet, at the same time the doors of Ijtihad
should not be flung open without any restrictions, controls, or requirements. There are
actually many require-ments to be met in order to meet the qualifications of a Mujtahid,
including sincerity, and justice.
D) Others began taking advantage of the existence of the many schools of thought
by shopping around for the most convenient opinion and compiling strange
verdicts of each Mujtahid. These people went to each Madhab separating the
lawful opinions from the unlawful things of the Madhab. They took the lawful
verdicts, leaving the unlawful, until ending up with a new Madhab where
everything is lawful and nothing is unlawful. This action is a major deviation from
Islam.
Imam Al-Bayhaqee reported:
“Isma‘eel Al Qadee said: ‘One day I entered to Al Mu‘tadid, one of the Abbasid Khalifahs,
and immediately he showed me a book to read. I found that the author had compiled in it,
the strange sayings of evey Alim. So I told the Khalifah that the author of this book is a
heretic. The Khalifah asked why this was so, and I told him that those sayings were not
presented by the scholars as they are presented in this book. He who legalized the
Mu‘tah marriage did not legalize singing, while he who legalized one action would not
legalize another action. Additionally, each Alim has strunge opinions, so if one would
compile the pitfails of all of the Imams, and adopt them, then the Deen would be lost. The
Khalifah then ordered the book to be burned.”
Imam Al ‘Awza’ee said: He who traces the strange opinions of the scholars is out of
Islam. You would find a scholar with a lot of knowledge and value, and also with a pitfall.
So if a person was to collect the pitfalls of all the scholars and form a new Madhab, then
what kind of ‘ilm would you have?” (Salman Al Udeh, Who Has the Right to Make Ijtihad,
p.13)
E) Others claim that having different Madhab is wrong and that we need to reunify
all of the Madhabs and come under one single Madhab, completely free from
sectarianism and firmly based on sound scholarship. This, they claim, would be
the prerequisite toward reunification of the Ummah and then after this, would we
look toward establishing the Khilafah.
The presence of the many Madhab was not in itself an objective. The objective is to
understand the rules in order to execute them. The understanding of the text leads to
different opinions, which leads to different Madhabs. Due to reasons listed in section 9.3
(The Reason for Differences of Opinion Among the Mujtahideen), there exists legitimate
differences amongst Mujtahideen. Trying to eliminate the possibilities of having more
than one understanding goes against the nature of Islam, and the nature of human
beings, which Allah (swt) created.
Those calling for this single Madhab are in fact adding a new Madhab to the already
existing ones. This is due to the fact that a person might disagree with this new Madhab,
for valid reasons, and would finally adhere to his understanding. It should be understood 86
that sovereignty belongs to the Islamic legislative sources, which came from the Wahiy. If
everyone keeps this idea in mind and is ready to abandon his own opinion in order to
adopt an opinion based on the Daleel, the problems would be eliminated.
If we study the numerous examples during the era of the Sahabah (raa) we can find that
in the days of Abu Bakr (ra), there were differences among the Sahabah (raa). However,
none of them postponed working for the Khilafah until all opinions were melted into one
single opinion. Actually they realized that, what was needed more than anything else,
even more than the immediate burial of the Prophet (saaw), was to elect a Khalifah who
would take care of their affairs by implementing all of Islam, thus establishing an
environment in which the society would be able to cope with any issue that it is faced
with.
Similarly, what is needed presently is this same authority which establishes and
implements Islam. However, as long as the Ummah is preoccupied with calls such as
working to unite under one new Madhab, which is a call to keep and prolong the rule of
Taghoot, the Ummah will continue to be disunited, misdirected, with its problems continu-
ously multiplying With no mechanism to solve its problem, the Ummah will continue to be
manipulated by those who rule over it with the rules of Kufr.
87
11.0 TAQLEED
Taqleed linguistically means to follow others without thinking. As a juristic term it means
to follow a Mujtahid’s Ijtihad without comprehending the Daleel. In other words, the
Muqallid (a person who practices Taqleed) may or may not know the Daleel. In addition,
one may not know the reason for using the Daleel even though they know the Daleel.
There are two types of Muqalid:
A. Muttabi’a is the follower who acquaints himself with the Daleel (evidence) used by the Mujtahid to
arrive at the Ahkam but he does not have to comprehend the reason for using the specific Daleel.
B. Ammi is one who follows a Mujtahid’s Ijtihad without asking for a Daleel.
11.1 Daleel for performing TaqIeed:
“We have not sent before thee but men whom We reveal to them.
So ask the people of knowIedge If you know not.” (An-NahI: 43)
This Ayah was revealed in response to the disbelievers’ argument that Muhammad
(saaw) was a human, but the meaning is general in the Arabic language; the meaning is
that Allah (swt) orders those who do not know to ask those who know. Hence, Taqleed
only in the Hukm Sharii is allowed for every Muslim. This understanding is further
supported in the next paragraph by the incident narrated by Jabir (ra).
Jabir (ra) has narrated that one man suffered a wound to his head. Whilst sleeping he
had a wet dream. He asked the companions if he could make Tayamumm. They said that
he had no excuse for not performing Ghusl. After performing Ghusl the man died. When
the Prophet (saaw) was in formed of the incident he (saaw) said:
“Verily it was enough for him to do Tayamumm. to place a piece of
cloth on his head, which he should then wipe (Mas’h) and then for him to
wash the rest of his body.” He (saaw) then said: “They (the companions)
should ask if they do not know.” (Abu Daoud, Maja, Ahmad)
Thus, the Prophet (saaw) made it very clear to the companions that they should ask
about the ruling if they are not aware of it.
G-12 88
11.2 Muslims Must Ask for Daleel
Having given the Daleel for the permissibility of practicing Taqleed in Islam, it is crucial to
point out that the follower must, when an issue confronts him, ask about its Hukm and
Daleel. Our worship includes the pursuit of knowledge. As slaves of Allah (swt), we must
know Allah’s rule for every action we perform.
Narrated by Abdullah bin Amr: I heard the Prophet (saaw) say,
The Prophet (saaw) said: “Allah does not remove the ‘ilm after it was
given to you, rather the ‘ilm would be removed with the death
of the ‘Ulema. Then some people, who are ignorant, will start giving
their Ra’ee based on their desires and they are misled and will lead
the Ummah astray~” (Bukhari & Ahmad)
For Muslims to avoid the consequence of this Hadith, they must ask for a Daleel before
performing Taqleed.
11.3 Taqleed is not practiced in the Aqeedah (Belief)
It should be clear that the subject of Taqleed is limited to the Hukm (rule) and does not
include the Aqeedah (Belief). It is forbidden to make Taqleed in the creed, i.e. Aqeedah.
Allah (swt) say’s,
“And If they said to them follow what Allah has revealed, they saId
but we follow what our fore fathers left for us. Even If their fathers
understood not, and were not guIded.” [Al-Baqarah: 170]
11.4 Muqalid Shifting from One Opinion to Another
Sometimes it occurs to a person that he can choose between two rules derived from the
Ijtihad of two Mujtahideen. For example, does touching one’s wife break the Wudhu? G-12 89
Imam Shafii says yes. Imam Abu Hanifah says no.
Both opinions are based on the Daleel. Some say that Islam is easy therefore choose the
easiest. After all both are Islamic opinions. To blow one of the opinions because of one’s
desire is totally Haram i.e forbidden). Because following an Islamic opinion means
following the Hukm Sharii. The obedience to Hukm Sharii is not based on hardship,
easiness, or benefit. How then does a Muqalid choose between two Islamic opinions?
Allah (swt) says:
‘If you dispute in a thing return it to Allah and the Prophet.’ [An-NIsa: 59]
The Muqalid should return to Allah (swt) and the Prophet (saaw). In practice, it means
choosing the Mujtahid whom he is convinced with as having the correct ruling for the
issue. Choosing the correct Mujtahid can be achieved through:
Studying the opinion of the Mujtahideen and following the one that is most convincing. If
a Muqalid does not know the evidence or is unable to verify the strength of the evidence,
the best qualification to look for in a Mujtahid is a high degree of knowledge and Taqwa.
As a note of caution, it should be understood that one is not making Taqleed to the
personality of the Mujtahid himself. If one follows a Madhab, one is not following a
founder because of his personality, but because one believes that he had the correct
understanding of Hukm Sharii on the issue. One must realize that he is obeying the
Hukm Sharii not Imam Abu Hanifah or Imam Shafii.
Following the Ijtihad of a Mujtahid is permitted in Islam. This is supported by Quran,
Sunnah, and Ijma as Sahabah. Throughout our history, the Muslims have been practicing
Taqleed, to the extent that at one stage the door of Ijtihad was closed and everyone was
making Taqleed. This step was wrong because the existence of Mujtahideen in the
Ummah is Fard (obligatory).
The problem we face today is not the problem of Taqleed, but the problem of ignorance.
Even if everyone reaches a very high level of Islamic knowledge, some people will still be
practicing Taqleed as happened during the time of the Sahabah (raa) and Tabeyeen.
We acknowledge that the loyalty to the Madhab has resulted in many problems, but this
is the fault of the people’s ignorance and not the existence of the Madhab. If the
Madhahib were abolished and everyone was forced to make Ijtihad by themselves, the
Muslims would be lost. In the same way that not all people are capable of becoming sur-
geons or lawyers, we cannot expect everyone to reach the level of a Mujtahid.
Taqleed is a necessity for those who are not capable of extracting the Hukm (ruling)
directly from the text. This matter applies on all Muslims who do not know the Arabic
language, Fiqh, etc.
Nevertheless, three crucial points need to be made on the subject of Taqleed:
G-12 90
‘We do not descend but by the command of your Rabb.
To Him belongs what is before us, what is behind us, and
what is between. And your Rabb never forgets ‘ (19: 64)
Gibrael (as) used to come every year for the purpose of listening to the Quran from
Muhammad (saaw) and checking the memorization. In the year in which Muhammad
(saaw) passed away, Gibrael (as) went to Muhammad (saaw) twice to listen to his (saaw)
recitation.
12.1.1 Forms of Wahi’y (Revelation)
Although the word Wahi’y (revelation) was used linguistically in various meanings in the
Quran, as a term it means:
Allah’s (swt) teachings revealed through a medium to one of His Messengers.
The Wahi’y could mean the speech of Allah (swt) or could mean the process of relaying it
to the Prophets, or the angel who used to carry the Message from Allah (swt) to the
Prophets.
Those who claim to be Messengers must provide proof that they have actually received
the revelation. This proof is called Mu’ajizah or miracle. Aliracle is the actual altering of
one or more of the natural or universal laws. Since any such altering can only be
achieved by the Will of Allah (swt), if a person is imbued with any such ability then such a
person could only have done so by the Will of Allah (swt). This would prove that whatever
he has was sent by Allah (swt). Regarding this issue, Allah (swt) says in Surah Ash-
Shura: 51:
“It is not fitting for a human that Allah should speak to Him
by revelation or behind a veil or by sending of the angel
of revelation to reveal, with Allah’s permission, what
Allah wills.” (Ash-Shura: 51)
G-12 91
The Ayah mentions the three forms of revelation:
A. Talking to a Prophet behind a veil. This happened to Musa (as).
‘And to Musa Allah Spoke’ (An-Nisa: 164)
This also happened to Muhammad (saaw) once and was
mentioned in Surah An-Najm: 5-10.
“He was taught by one Alighty in Power. Endued with
Wisdom: For he appeared (in stately form). While he
was in The Highest part of the horizon. Then he
approached And came closer. And saw at a dIstance
of but bowlengths or (even) nearer. So did (God)
convey the inspIratIon to His Servant-(Conveyed)
what He (meant) To convey.” (An-Najm: 5-10)
B. Relaying the meaning to the Prophet (saaw) either while he is awake or sleeping
(dream).
C. Sending of the Angle Gibreal(as) himself. In Sunnah 26:192-193, Allah(swt)
say’s:
‘With it comes down the truthful spirit to your heart.’
(Ash-Shura: 192-193)
G-12 92
Gibrael used to come in the following forms:
The loud ringing of a bell, heard only by the Prophet (saaw). The Prophet (saaw)
say’s
“Sometimes the Wahi’y comes like the
ringing of the bell and this is the hardest of
all. When this State passes, I grasp what was
revealed:” (Bukhari)
When this would happen, thosewho were around the Prophet (saaw) would
realize the presence of the Wahi’y without being able to sense or comprehend it.
It was reported on the authority of Ayesha (raa):
“I saw the Prophet (saaw) once receiving the
revelation on a very cold day and noticed the
sweat dropping from his forehead once the
revelation was over” (Bukhari)
2. In the shape of a man.
“And sometimes, the angel would come in the form of a man”
(Bukhari)
3. The angel would come in the form of his original shape, as it was the case at the
first time of the revelation.
12.1.2 Differences Between the Revelation of Quran and Sunnah
Although the Wahi’y has different forms, the Quran was revealed directly through the
angel of revelation, Gibrael (as). It was never revealed to the Prophet (saaw) by a dream
or any other means. The Sunnah, however, can be revealed to the Prophet (saaw)
through any of the aforementioned forms of al Wahi’y. Needless to say, all forms of
Wahi’y have the same validity. The Prophet (saaw) said: G-12 93
“One of you who while reclining says, ‘this is the book of Allah (Quran), what is in
it from that is halal, we’ll use it as halal, and what is in it from the haram, we’ll take
as haram.’ But whoever delivers from me a Hadith and he lies in it, he has told a lie
on Allah and his Messenger...” (Both of the above mentioned Ahadith are reported
in many sayings by Abu Daoud, Ahmad and many others.)
The Quran and Sunnah are the only two ways by which Allah (swt) has chosen to reveal
Islam. The revelation can be of two kinds:
A. By the word and meaning.
B. By meaning alone.
The Quran was revealed with the words and its meanings. For example, the words
Malikiyoummidiin in Surah al Fatiha is revealed by Allah (swt) with the words and its
meaning. The Prophet (saaw) did not insert or delete any part of the Quran. On the other
hand, the Sunnah is revealed by the meaning and the Prophet (saaw) expressed it in his
(saaw) own words.
12.2 Role of Aql
To some, the subject of the role of intellect in Islam seems quite bizarre. Unfortunately,
the lack of awareness about lslam yields such an understanding. Through researching
the Quran and the life of the Prophet (saaw) it is apparent that much emphasis was
placed on this subject by the revelation. It is natural for the revelation to address this
subject because, in order to formulate a specific behavior, the individual’s way of thinking
must be addressed. When the revelation addressed this crucial issue it did so in such an
effective manner that it took only one Ayah for the entire society to abstain from alcohol.
Prophet Muhammad (saaw) not only clarified matters of law to the people that dealt with
their actions but also directed their intellect and clarified its limitation.
This is evident when the sun eclipsed during the time of the Prophet (saaw) on the same
day that his (saaw) son Ibrahim died. When people suggested that the sun eclipsed
because of the Prophet’s (saaw) son’s death, he (saaw) told them that the sun and the
moon are signs from Allah (swt). They do not eclipse for someone’s death or birth;
therefore there is no relationship between the two events.
This method of directing of the intellect and sound principles of reason were at work
when the Prophet (saaw) cleared the misunderstanding of a group of people when they
said that rain occurs due to the influence of the star, telling them that the Lord of the star,
Allah (swt), causes the rain to occur. These are just two of the many examples
addressing the role of the intellect.
Having understood that Islam directed the people’s intellect, the next question which
arises is what exactly is the position of the intellect in Islam? G-12 94
In Islam, the role played by the intellect is a very significant one. The intellect is used to
understand and accept the Islamic Aqeedah (doctrine) and is the only acceptable method
to enter Islam. Islam compels the use of the intellect to believe in Allah (swt) and forbids
imitation (Taqleed) in Aqeedah. There is no concept of blind faith as it occurs in
Christianity and other religions.
Islam provides rational evidences to prove the existence and the One-ness of Allah (swt),
the Prophethood of Mohammed (saaw), and that the Quran is the word of Allah (swt).
Thus the foundation of Islam is built upon conviction through the intellect. Through this
sound proof, the intellect and the heart are satisfied and are devoid of any blind faith and
superstitions.
Since the authenticity of the Quran and Prophethood of Muhammad (saaw) is built upon
the intellect, the belief in beings such as the angels and Jinns, or descriptions of heaven
and hell are based upon the authenticity of the Quran and the Prophethood of
Mohammed (saaw).
Once the Aqeedah of Islam is arrived at intellectually, the intellect then plays a different
role. It plays a role of only understanding the issue and the revelation and then applying
the revelation to the issue. The intellect uses the revelation as a source to derive rulings
on any issue, from Wudhu (ablution) to the foreign policy of the Islamic State.
It is important to realize that the intellect cannot be used to conjure up a reason for a
ruling, unless the reason is mentioned in the text. Claiming a reason for any ruling implies
that we can comprehend what Allah (swt) intended for that ruling, which is impossible.
For example, we cannot use the intellect to infer a reason for why we perform Wudhu.
The intellect would probably lead one to assume that it is for the sake of personal
hygiene.
However, if water is not accessible then we are supposed to do Tayamum (a series of
actions requiring one to wipe themselves with dust). If the reasoning behind Wudhu is
cleanliness, then why would Allah (swt) order us to wipe ourselves with dust if water is
inaccessible?
The proper use of the intellect can be seen in the actions of the Sahabah (raa). During
the battle of Badr the Prophet (saaw) had stationed the army at a certain location.
Khabab bin ai-Mundthir (ra) inquired from the Prophet (saaw) whether his (saaw)’s
decision was based on the revelation or a tactical decision?
Prophet (saaw) replied by saying that it was a tactical decision. Upon this Khabab bin al-
Mundthir said that the location was a wrong one. From this incident we can see that the
Sahabah (raa) recognized the fine line between the revelation and the intellect. They
never used their thinking to pass judgments on the revelation.
In other ideologies the intellect plays a role which it cannot fulfill. In Western
democracies, intellect is given the unlimited role of organizing mans’ life; however, it is
subject to biases, disparity, differences, contra-dictions, and the influence of the
environment (lobbyists). Consequently, man-made systems suffer from these same
biases, disparity, differences, contradictions, and influence. Whereas the intellect in Islam
is used not to legislate laws but to understand the revelation and to apply it.
With regard to the intellect, Muslims need to have the same awareness of the fine
line between revelation and AqI that Khabab bin al-Mundthir(ra) had. Unfortunately, G-12 95
Muslims have begun to exercise their intellect to pass judgments on the rulings
given to us by Allah (swt), e.g. Salat is good exercise, Fasting is good for the body,
etc. Furthermore, in some cases Muslims have started to prefer the ruling of man-
made laws to those of the Creator of the Universe, Allah (swt).
G-12 96
12.3 Does the Shariah Apply on Non-Muslims?
Allah (swt) says:
‘We have sent you not but as a mercy
for all creatures.’ [Al - Anbiyya: 1071]
‘We have sent you but as a Messenger
to all mankind, giving them glad tidings,
and warning them against sin, but most
men know not.’ [Saba: 107]
These Ayah are very clear that the Prophet (saaw) was sent for the whole of humanity
and not just for the Muslims. Furthermore, the Prophet (saaw) applied Islam on the non-
Muslims in the Islamic State. Thus, the non-Muslims were subjected to the same Islamic
System of ruling, economics, punishments, and judicial processes as Muslims were with-
out any discrimination. However, the performance of prayer, fasting, etc., are only
accepted from the Muslims since the prerequisite for performing these acts of Ibadah
(worship) is to be a Muslim.
Finally, based on Islam, the Non-Muslims are allowed to practice their own religion,
marital, and divorce affairs according to their beliefs. Furthermore, they are treated in the
matters of food and clothing according to their religion, within the rules of the Shariah.
12.4 Is Prophet Mohammad (saaw) a Mujtahid?
As defined earlier, a Mujtahid is a person who studies the problem thoroughly and seeks
the solution from the sources of Shariah. However, the Messengers, bring the Message
which includes the Shariah. There is an apparent difference between the two terms. One
brings the Shariah while the other goes to the Shariah to extract rulings. Also,
Mohammed (saaw) was guided by the revelation. Allah (swt) say’s:
‘Nor does he speak of his desire. It is no less than
the revelation sent down to him.’ (An-NaJm 3-4)
The Mujtahideen are not guided by the revelation because there is no more revelation
after Mohammed (saaw). A Mujtahid’s Ijtihad can be wrong. The Prophet (saaw) say’s:
G-12 97
“Whosoever does Ijtihad and errs therein shall have one reward.
And whosoever performs Ijtihad and is correct shall
have a double reward.” (Bukhan & Muslim)
If Prophet (saaw) is considered a Mujtahid then there is a possibility of him (saaw)
making a mistake in delivering the Message and then the revelation corrected him
(saaw). Then, this implies that in the time it takes for the revelation to correct the matter,
the Message delivered by Mohammed (saaw) was wrong which is completely absurd.
The only arguments which are brought in support of the Prophet (saaw) being a Mujtahid
are:
When a blind man came to learn Islam from him (saaw) and Allah (swt) in this regard
addressed the attitude of the Prophet (saaw). Allah(swt) say’s
‘(The Prophet (saaw)) frowned and turned away,
because there came to him the blind man
(interrupting). But what could tell you that
perchance he might grow In purity? Or that he
might receIve admonition and the reminder might
profit him? As to the one who regards himself as
self sufficient, to him does you attend. Though it
is no blame to you if he grow not in purity. But as
to him who come to you striving earnestly and
with fear (In his heart) of him as though
unmindful. By no means (should it be so) for It Is
Indeed a Message of remembrance,’ (Abasa 1-11)
The Ayah is addressing what happened with Abdullah ibn Ummi Muktum when he came
to the Prophet (saaw), wanting to learn the Quran while the Prophet (saaw) was giving
Dawah to one of the heads of Quraysh.
In this situation The Prophet (saaw) had two options, either to attend to Abdullah ibn
Ummi Muktum or continue the Dawah with the heads of Quraysh; he (saaw) chose the G-12 98
latter. Both actions were Mubah (permissible) and Allah (swt) preferred for him (saaw)
the other option. Moreover, the structure of the Ayah does not indicate the Prophet’s
(saaw) choice as being Haram!
The other Ayah which is brought is during the battle of Badr:
‘It is not fitting for a Prophet (saaw) that he
should have prIsoners of war until he has
thoroughly subdued the land. You look for the
temporal goods of thIs world. But Allah looks
to the hereafter. And Allah is Exalted in might,
Wise.” (al Anfal:67)
In the succeeding Ayah Allah (swt) mentions that no sin was committed when the
Prophet (saaw) took in prisoners for ransom.
‘Had it not been for a previous ordainment
from Allah, a severe punishment would have
reached you for the (ransom) that you took.’
(al Anfal:68)
Again even in this incident the Prophet (saaw) had two options: either to keep on killing
the Kuffar or to stop and take the Kuffar as ransom. He (saaw) choose the latter option,
but Allah (swt) preferred for him (saaw) to continue on killing the Kuffar in the battlefield.
Thus, neither argument supports the claim that the Prophet (saaw) was a Mujtahid.
Some “scholars” claim that there is no problem in changing the Fiqh due to the change in
environment or circumstances. The proponents of this view give the following
justifications:
A. Fiqh is a human interpretation while the Shariah is Hukm Sharli which Allah (swt)
revealed. The Shariah is the Wahiy (revelation) but Fiqh is open to different G-12 99
interpretations. Thus, Fiqh is not a revelation and can be changed.
B. Some rules in Islam are based on Urf (traditions); the emergence of new
traditions would trigger a change in the Fiqh.
C. The Sahabah (raa) have changed some rulings of the Prophet (saaw). For
example, if the camel was misguided the Prophet (saaw) recommended to leave
it because it will find its own way. On the other hand, Umar (ra) asked the people
to bring the lost camels to the Islamic State where the camels can be kept for the
owners to claim them.
D. Imam Shafii changed his Madhab when he went to Egypt due to the new
environment.
Some scholars went as far as to say that the Jizya can be canceled because in
the past the non-Muslims didn’t participate in the Muslim army, but now they are
participating in the army and defending the land; therefore, they no longer have
to pay Jizya.
Others expressed that the unity of the Muslim Ummah is not a must, and the reason that
52+ states exist is because of life’s complexity. They arrive at the conclusion that we are
no longer in need of the Khilafah because rules are subject to change.
To discuss these issues, we must understand that Islam came to organize man’s life with
all its intricacies and to regulate man’s affairs. Man’s instincts and organic needs have
not changed at all and will never change. What changes under the march of time are the
tools and means that man uses to satisfy his needs. For example, man can eat either by
hand, spoons, forks, sticks, but nevertheless he has to eat. The only thing that has
changed is the method of satisfying the need.
Islam has come to organize and regulate man’s organic needs and in-stincts. The rules
for this regulation cannot be changed. But as new problems arise, we need new rules,
and this is the task of the Mujtahid. Carefully note that this is not considered changing the
rules at all.
Fiqh is the totality of Hukm Sharii taken from the Islamic sources (Quran, Sunnah, etc.).
Thus, Fiqh is not a body of man-made laws because it is based on these sources. Ijtihad
is the process of understanding, studying, and analyzing the texts and extracting rulings.
Evidence from the sources of Shariah to justify the extracted ruling is an indispensable
part of Ijtihad. The human effort in Ijtihad does not produce man made laws. The
Mujtahid cannot take two different rulings for the same issue at the same time; however,
he may later discover the misunderstand-ing of his Daleel and choose another ruling.
Thus, there is no difference between Fiqh or Shariah.
The Sahabah (raa) did not change the Fiqh in any way whatsoever. What they did can be
categorized as one of the following:
1. Applying a rule by having its Daleel or changing a rule for another Daleel
2. The Khalifah has the responsibility for taking care of the Ummah’s affair in any
way he finds most effective. This may change from time to time. For example,
Umar (ra) asked the people to bring the lost camel to the State authority. While,
the Prophet (saaw) said to leave the camel and it will find it’s owner. During the
days of Umar (ra) the State was growing and someone had to take care of this G-12 100
matter. Since the Khalifah is the caretaker of the Ummah, Umar (ra) asked the
people to bring the camel to the state.
What Imam Shafii did was that he changed his methodology completely; this point was
discussed earlier in the book.
If some rulings are connected with the Urf (custom), the ruling may differ from one place
to another but this is not changing the Fiqh because the ruling still exists. For example, a
custom might dictate that the dowry should not be mentioned. This is acceptable
because the ruling to pay the dowry must still be carried out. In other words, if dowry was
not mentioned in the contract, then judge would look at the Urf (custom) of the city or
village and compare the dowry of another woman with the similar status. Another
example is of a worker employed without specifying the wage, then the judge would
observe what the people paid for a similar job.
12.6 Need for an American Fiqh?
The development of a Fiqh tailored towards the Muslims of North America has been of
recent discussion in some Muslim organizations. The justification for “American Fiqh” is
two fold. First, the arguement is that the old Fatwas are no longer applicable and
reinterpretations are necessary in order for Islam to be applicable to America. Secondly,
that Muslims in America face problems, which never existed before, and the solutions to
these problems have to be applicable to those specific problems that are faced in
America.
In two well known publications, Islamic Horizons and the Muslim, the idea of an
“American Fiqh” was discussed. Some of the points mentioned in the publications are the
following:
In Islamic Horizons (Volume # 17: Jan - Feb 1988) an article entitled “Legists, Law, and
the Wild West” discusses,
1 . The need for an “American Fiqh” to address problems faced in North America.
2. The gap of understanding existing between the scholars overseas and those in
North America due to the nature of the problem faced by Muslims in America.
Thus, the scholars from overseas are not qualified to issue rulings.
These points lead to the argument that Muslims need a new framework for a Fiqh
oriented towards America. This is necessary in order to answer such problems as
a woman accepting Islam while her husband remains a non-Muslim and issues
surrounding adoption, child abuse, wills, inheritance, and burials.
In the Muslim Journal (May 6, 1994), an article by Imam Vernon M. Fareed entitled
“Conference on Unity in Islamic Thought in America”, discusses the establishment of a
new Madhab as it was a topic of an Islamic conference in Ohio.
In that conference, Imam W. D. Muhammad suggested that all Muslims in his association
have to make Salat in a uniform manner. It was agreed upon in the conference to
research various areas of importance associated with Salat, such as the position of the
woman when praying behind her husband, the number of Sunnah prayers to be
performed before and after the Fard prayer, the Janazah prayer, Taraweeh prayer, etc. G-12 101
Many other topics, such as Tawheed and devotions, were also suggested for research.
The arguments used to justify “American Fiqh”, such as the need for Ulema “groomed” in
America or reinterpreting the Shariah so as to make it applicable in America are
emanating from a defeated mentality and an un-Islamic perspective.
From the Islamic perspective, the locality of the Mujtahid does not validate or invalidate
his Fatwa. This has never been a prerequisite for issuing a Fatwa. By definition, the
Mujtahid, whether living in America or in the Sahara Desert, has to be versed in the
Shariah as well as the problem before issuing any ruling. If a Mujtahid in Egypt was able
to understand the problem correctly, his ijtihad would be acceptable. Our discussion,
therefore, should be limited to the ability of the Mujtahid rather than his locality.
An issue such as an American woman accepting Islam while her husband remains a non-
Muslim is not a new issue. This problem occurred at the time of the Prophet (saaw) when
his (saaw) daughter Zaynab (ra) accepted Islam while her husband remained a non-
Muslim. Therefore, in order to solve this problem today, we need to go back to the legal
texts and study them in order to acquire the Islamic ruling. This applies to all other issues
as well.
With regards to issues involving adoption, wills, inheritance, and burial, these have rules
which are discussed extensively in Islam and cannot be changed for the new problems,
this requires a Mujtahid to extract rulings whether the problem happens in the East or the
West.
Regarding the issues of Salat or Tawheed, which were mentioned in the American
Journal, these are rules which are well defined and set. There are differences of opinion
in performing the Salat, but this is only due to the fact that the Prophet (saaw) used to
perform it in more than one way. Geography is an irrevievant issue when it comes to the
method of the Salat.
The idea of an “American Fiqh” is an alien concept which seeks to distort the nature of
Islam. The Shariah is being treated as a “Alickey Mouse law” rather than that of Allah, the
Supreme. This is a result of a defeated mentality which seeks to change the Shariah to fit
the society rather than changing the society to conform to the Shariah.
Does not the Seerah of Prophet Mohammed (saaw) inspire in us the motivation to
change the circumstance to apply what Allah (swt) ordered? If Muslims are allowed to
reinterpret the Shariah according to the environment, we will no longer need the Shariah
from Allah (swt) to organize our lives. This amounts to nothing short of assuming the role
of the Sharii (legislator), Allah (swt)!
Even though we have Hanafi, Shafii, Maliki and other schools of Fiqh, none of the
founders of these schools developed their Fiqh based on their environment. This is a new
idea propogated as a stepping stone towards a new Islam, one that is based on an
“American Fiqh” and an American Aqeedah. The differences in Fiqh amongst the
Mujtahideen was due to differential understanding of the text of the Quran and Sunnah,
not the reinterpretation of the Shariah to conform with the environment.
The Muslim Ummah does not need an “American Fiqh” because the term itself is wrong.
There is no Egyptian, Pakistani, American or Palestinian Islam in order to have a
Egyptian, Pakistani, American or Palestinian Fiqh. There is only one Islam and only one G-12 102
Fiqh!
G-12 103
12.7 Alinority Fiqh
Some Muslims claim that since Muslims in the West are minorities, this constitutes
grounds for establishing a Alinority Fiqh. For instance, a preposterous claim is made that
some of the rules of the “classical” Fiqh cannot be applied in an unlslamic Society,
including the Riba.
First of all, to have a minority mindset is alien to Islam. If Prophet Muhammad (saaw)
thought and acted as a minority to establish minority rights in Mecca we would probably
not be Muslims today. The Prophet (saaw) called for the comprehensive establishment of
Islam.
This was the attitude of the Prophet (saaw) from the very beginning of the Dawah. Thus,
Muslims should not think of themselves as minorities but rather as carriers of a Message
from Allah (swt).
The Ahkam (rules) in Islam are of two types:
A. Rules related to individuals such as praying, fasting, etc. Every Muslim has to
abide by these types of Ibadah whether Islam is applied or not applied in a
society and whether the person is living in Mecca or Paris.
B Rules which cannot be applied except through the Khilafah State, such as
applying the Hudud (punishment), collecting Jizya, etc.
It is not the responsibility of an individual to apply any punishment on behalf of the State.
This principle applies to Mecca or Paris. Whether a Muslim lives in the Islamic State or
not, he has to abide by the rules related to individuals. However, living in a non-Islamic
society does not signal a green light for Muslims to justify, patch, compromise, or alter
Allah (swt)’s rules. It should be clear to us that there is no justitication for a Alinority Fiqh.
As Muslims, we must have a deep rational conviction that Islam is from Allah (swt) and
therefore we must accept it in its totality. This fact should motivate us to live according to
Islam and to call the people to apply Islam in the society because Islam is not just
composed of rules related to individuals but is a comprehensive way of life, the Deen-ul-
Haqq
G-12 104
Conclusion
Presently, the decline in the Muslim Ummah, whether it is political, economic, or
intellectual, is due to only one reason: the absence of Islam from our lives as a
comprehensive ideology.
The societies in the Muslim world are organized by un-Islamic systems, sprinkled with a
few Islamic rules related to marriage, divorce, inheritance, and Ibadah; While, laws
related to ruling, economics, education, and foreign affairs, have no Islamic orentation.
As an example, the educational curricula, to which the Muslims are subjugated, are not
designed to create the Islamic personality, whereby the individual judges and evaluates
issues of life according to Islam.
On the contrary, those who graduate from the educational curriculum in the Muslim World
limit their belief only to the spiritual aspect of Islam. They view life based on pragmatism
or benefit and consequently embark on actions rooted in these thoughts, while these
actions should have been based on the Daleel from Islam.
Issues related to the Islamic Aqeedah itself, such as arriving at the rational conclusion in
the existence of Allah (swt), are omitted from the present day curriculum. This threatens
to rip apart the very fabric which binds the Muslim Ummah together the Aqeedah. This
threat comes in the form of a discussion of Islam as a philosophical idea or a religious
dogma, lacking the ability to address contemporary problems and occurrences.
The impact of all of this has resulted in a crippling effect on the presentation and
comprehension of the Fiqh. People in the Muslim world view the Fiqh in the same light
that people in the West view theological or divinity studies, i.e. as an easy discipline,
studied by either the “religiously” inclined or by those who are not smart enough to study
the sciences or technology.
This view of the Fiqh is the direct result of the deviant educational curricula present in the
Muslim world. These examples are not only related to the educational system; rather,
they per-vade throughout the entire society, since the entire structure of the society is un-
Islamic.
In the midst of this environment, how can the Ummah once again flourish? After
destroying the Khilafah and then granting us pseudo-independence, the Imperialists
made sure that the Muslim lands would remain ideologically and intellectually occupied.
They achieved this by creating a gap in our personality whereby we would believe in the
Islamic Aqeedah yet not view life based on it. Thus, loosing the trust and confidence in
the ability of Islam to solve our problems.
Consequently, it is not surprising that the educational curricula producing such confused
Muslims are written by the international tool of our enemy, UNESCO, an agency of the
United Nations.
Realising this, the highest priority of the Ummah must be to bring Islam back into our
lives as a vibrant and comprehensive ideology. The total application and implementation
of Islam will stop the current decline of the Ummah. This task must not be undermined or
underestimated by the Ummah. It is a matter of life and death.
G-12 105
“O you who Beileve! Answer the call of Allah
and His Messenger, when he Calls you to that
which will give you life; and know that Allah
comes in between a man and his heart, and that
it is He to whom you shall return.”
(Al-Anfal 8: 24)
As mentioned earlier, we are fortunate to be from the Ummah of Muhammad (saaw).
This pride and honor should stimulate, motivate, and mobilize us to work to regain the
rightful status of the Ummah of Mohammed (saaw) as leaders of the World. An Ummah
which brings to life the Ayah:
“We have not sent you (0 Muhammad) except as a Mercy
to all the Worlds” (Al-Anblyaa: 107)
This Mercy can only be presented to humanity, when the Shariah is implemented in
totality, embodied in a State.
G-12 106
GLOSSARY
Abbaasid: The third major reign of Khllafah which began with Khalifah
Abul’Abbaas as-Saffaah (750-754 CE) and ended with the murder of
Khallfah al-Musta’slm (1242-1258 CE) at the hands ofthe Mongols.
Adl: Jusdce, upright and Just.
Ahkam: rulings and laws.
Ahi al Hadeeth: (lit. People of Hadeeth); a name given to the early scholars who
relied mainly upon the interpretations of the revelation (Qurari and
Sunnah) and not applying Qiyas.
Ahi al Rai: (lit. People of Reasoning): a name given to the early scholars who
used Qlyas and lstlhsan extensively as well as the Quran and
Sunnah.
Arnir ul Mu’ mineen: (lIt, leader of the believers): a title for the head of the Islamic State.
Amm: general. unspedfied.
Arnr: (p1. awamlr); a command to do something. matter. affair.
Ansar: (lit. ‘the helpers’); the early Muslims of Medina who provided the
Messenger of Allah (saaw) with the support.
Aqeedah of Islam: (lit. ‘tightened like a knot’); a decisive and definite rationale belief in
the fundamentals of islam.
AqI: intellect
Asbab al Nuzul: the occasions/reasons of the revelations.
As-Shath: a Hadith In which one credible reporter reports something that
disagrees with other credible reporters.
Athar: (p1. Aathaar); saying or ruling of the Prophet (saaw), Sahabah (raa),
or Tableen. It is more general than the Hadith.
Azlz: a Hadith reported by at least two individuals in every dass.
Baya’: business transactions.
Bayah: the oath of allegiance to the Khallfah.
Bayan: explanation. darification.
Bid’ah: innovation in matters of Ibadah.
G-12 107
Da’eef: (lit, weak) a Hadith not meeting the requirement of either
Sahih or Hasan type of
Dalalah: pertaining to the meaning of the text.
Daleel: proof, evidence.
Dawah: (lit. ‘invitation’); propagation of Islam.
Deen: (lit, anything that is submitted or adhered to) Deen of Islam
(Islamic ideology) - not to be confused with religion. Deen is
acomprehensive way of life.
Dhaalr: (p1. Dhawaahir); the obvious literal meaning of a text from
Quran or Hadith.
Dhimmi: non-Muslims living under the authority of the Islamic State.
They are considered as citizens of the State and given all the
rights which every citizen of the Islamic State deserves.
Du’aa: (p1. Ad’eyah): supplication to Allah (swt)
Falli: actions.
Fard: an obligatory action. If the individual performs
the action then he is rewarded. Whereas. the
failure to perform the action results in a punishment.
Fasiq: a Muslim who intentionally. repeatedly. and
openly breaks the Islamic laws.
Fatwa: (p1. Fatawa); an Islamic legal opinion issued by a
reliable individual with/without mentioning the
Daleel.
Flqh: 1. knowledge of the rulings of Shariah which are
extracted horn the legislative sources.
2. synonymous with the term Shariah, i.e.
all the Islamic laws.
Furoo’: (sing. Fara’); branches, such as in the Furu al-FIqh, that is the
branches of Flqh, as opposed to Its roots and sources (Usul al
Fiqh).
Gharib: a Hadith reported by only one individual In one or more
classes.
Had: (lit. limit); prescribed punishment from Allah(swt) for a sin.
Halith: (p1. Ahaadeeth); a report conveying the sayings. actions, or
the approvals of the Prophet (saaw).
G-12 108
Hajj: a compulsory duty on all adult Muslims of sound
mind and body once in a life time if they are economically
able. HaJJ can be defined as pilgrimage to the Ka’bah in
Mecca in order to perform certain prescribed rites of worship.
Halal: an action or a thing considered permissible or lawful. Fard,
Mandub, Makruh. and Mubah faii In the category of Halal
since there is no punishment for any of these categories of
actions.
Haram: a prohibited action. if the individual abstains from performing
the prohibited action then he is rewarded; other-wise,
punished.
Hasan: 1. a Hadith which meets the requirement of a Sahlh to a
lesser degree.
2. a Hadith accepted by the majority of the Fuqaha and
documented in reliable books of Fiqh (this definition is
adopted by Al - Khatabi).
Hijrah: the period of migration by the Prophet (saaw) and the
Sahabah (raa). from Mecca to MedIna In the year 645 C.E.
The Hijrah marks the establishment of the islamic State by the
Prophet (saaw) and the beginning of the Islamic calendar.
Hukm Sharli: Address of the Legislator related to the actions of human
being.
ibadaah: worship.
ljma: 1. to determine
2. to agree upon something.
ljma al Mujtahideen: agreement of the Mujtahldeen of the Muslim Ummah of any
period following the death of the Prophet (saaw).
ljma ahlel Bayt agreement of the household of Prophet (saaw).
ljma ahlel Medina: agreement of the people of Medina.
ljma al Ummah: agreement of the Ummah on a matter at anytime past
present, or future.
ljma as Sahabah: the unanimous agreement of the Sahabah (raa) on a point of
islamic law. This form of ljma is the only acceptable legislative
source.
ijtihad: exhausting all of one’s effort in studying the problem
thoroughly and seeking the solution from the sources of
Shariah up to the extent of feeling an inability to contribute
anymore. G-12 109
lkhtilaf: juristic disagreement
ilm ul Kalaam: a type of discussion related to the islamic Aqeedah
concerning Allah (swt)’s attributes. Prophethood, etc. During
the days of the Sahabah (raa), Musiims used to be confined
by the Quranic methodology when discussing such topics.
Some Muslims later started using Greek logic and its culture
as a basis for the discussion of the Islamic Aqeedah. In this
process Muslims began discussing issues beyond the scope
of the intellect.
imam: (lit. leader);
1. a title for the head ofthe Islamic State.
2. the title of the one leading the congregational prayers.
Iman: the strong belief in the Islamic Aqeedah without doubt
Islam: (lit, submission, peace). It is the Deen revealed to Prophet
Mohammed (saaw) for organizing mans relationship with
himself, his Creator, and with other human beings. islam is
addressed to all human beings.
It should be noted that the Shariah term is Submission and
Peace is achived when Islam as a system (Al-Khilafah) is
implemented correctly.
ismah: Infallibility, immunity from making errors.
Istihsan: shifting from one Qiyas to another Qiyas due to a reason.
Jihad: removing the obstacles which stand against the propagation
of the Islamic Dawah to the people.
Jizya: a spedfic amount of money paid by non-Muslims living in the
Islamic State to the State. It is collected only from those who
can afford to pay it.
Khamr: (lit. fermented grape Juice): In Islamic law it refers to all
intoxicants induding liquor, wine, beer, whisky. etc.
Kafir: (lit. ‘one who conceals the truth’)legally a non-Muslim. A
person who does not believe in Islam. Many situations can
cause a person to be categorized as a Kafir. Some of these
are denying a part of the Islamic Aqeedah or a condusive
Daleel. As an example daiming that Islam Is not perfect and is
not applicable in the 21 St Century would make a person
Kafir.
Khalifah: (lit. ‘successor’); the head of the Islamic State.
Khabar: (lit. news, report) synonym for Hadith.
G-12 110
Khilafah: the Islamic State.
Khulafa: the plural of Khalifah.
Khulafa Al-Rashidon: the rightly guided Khalifah’s - the first four Khulafa; Abu Bakr,
Omar, Uthman, and All (raa).
Kufr: non- Islamic concept.
Madhab: (p1, Madhaib); a school of thought related to Fiqh.
Makruh: disliked action. The one who abstains from performing such
an action is praised and rewarded, whiie the one who does is
not punished.
Mandub: a recommended act. The one who performs this type of act is
rewarded while the one abstains from it is neither blamed nor
punished.
Mauquf: a Hadith where the Sanad ends with a Sahabi
Marfu’: a Hadithin which the Sanad leads to the Prophet(saaw).
Mash-hor: a Hadith reported by at least three individuals in every class.
Maslah al Mursalah: refers to accepting public interest in the absence of a
legislative source from Qur’an or Sunnah.
Mah-thur: a prohibited action. If the individual abstains from performing
the prohibited action then he is rewarded otherwise is
punishable.
Mawd’u: a fabricated Hadith.
Muaiaq: A Hadith which is missing one or more reporters either at the
beginning ofthe isnad. In the middle, or in the end.
MualIal: A Hadith whose Sanad seems to be fine, but du~ to some
hidden reasonsdiscovered by scholars of Hadith, it is
discredited.
Mualaq:
Mu’addal: a Hadith which is missing two or more consecutive reporters.
Mubah: A type of action in which the choice is left up to the person to
do or not to do.
Mujtahid: person who can perform ljtihad.
Mujtahid Mutlaq: absolute Mujtahid; a Mujtahid who established a original
method for IJtihad such as imam Abu Hanifah. imam jafar.
imam Shafil, and others. G-12 111
Munkar: (1) a Hadith in which uncredible reporters convey a message
which is in disagreement with what was reported by credible
reporters.
(2) Any Haram action.
Munqati: A Hadith which has interruption in the class.
Musnad: (1) a Hadith which has chain of reporters.
(2) any book of Hadith organized by the name of the Sahabi
who reported it. As an example, Musnad of Ahmed
Mufti: a scholar who gives legal rulings on an issue.
Muhajir: (lit. emigrant); refers to the one who migrated from Mecca to
Medina
Munaadharaat: (sing. MunaadHarah); a name given to debates
between scholars ofvarious Madhab on legal issues.
Munaflq: (p1
. Munaafiqoon): one who pretends to be a Muslim while in
fact disbelieves.
Mursal: a Hadith leading back to the Prophet (saaw) but missing the
name of the Sahabi who reported it.
Mustahabb: recommended.
Mutawatir/Tawatur: Is a transmitted Daleel by an in-definite number of people.
Due to the large number of people reporting the Daleel, and
their diversity of residence, reliability, and conviction, it is
inconceivable that this Daleel could be fabricated.
Nabiy: Is a person who receives the revelation from Allah (swt). The
last and final Nabiy is Mohammed (saaw). Anyone who claims
to be a Nabiy after Mohammed (saaw) is a Kafir.
Nafaqah: monetary or material support. i.e. a father supporting his aged
father.
Naskh: abrogation, repeal.
Nass: a clear injunction, an explicit texturial ruling
Nafiiah: a recommended act. The one who performs this act is
rewarded while the one who abstains from it is neither blamed
nor punished.
Qadee: (p1. Qudaah): a Judge.
Qatal: condusive. definite..
G-12 112
Qawli saying, verbal
Qlyas: a extension of a Sharii ruling from an original case to a new
case because of the equivalence of iiia (causes) underlying
them.
Quran: (lit. reading) Allah’s miraculous speech revealed
to Mohammed (saaw) in Arabic and transferred
to us by the Tawatur method.
Qudsi: a Hadith in which its Sanad leads to the Prophet
(saaw) and the Prophet (saaw) is reporting it
from Allah (swt).
Rasool: Nably is anyone who receives a revelation from Allah (swt). if
this revelation is a new Message such as Islam then the
Nabiy is given the additional title of Rasool.
Rlwayah: pertaining to narration or transmission.
Rukn: pillar, essential ingredient.
Sahabah (raa): 1) a Muslim who saw the Prophet (saaw).
2) a Muslim who lived with the Prophet (saaw)
for one or two years or participated in one or two Ghazwaa.
Sahih: a Hadith reported by an MI and Dabeth (maintains accuracy
of the report) person from another person ofsimiiar qualities till
the end of the report.
Salat: (lit, prayers) an Ibadah in Islam done in a defined manner with
the intention of doing it.
Sanad: a chain of reporters leading back to the Prophet (saaw).
Sawm: fasting.
Shariah: composition of all the laws derived from the Islamic legislative
sources.
Shirk: assodating partners with Allah by giving Ailah’s (swt)
attributes to ueated things or giving Allah the attributes of
created thIngs.
Shurah: mutual consultation.
Sunnah: 1) Prophet (saaw)’s way of ilfe. Consists of the sayings.
actions and silent approvals of the Prophet (saaw).
2) Sunnah is also used to mean a Nafiiah as opposed to
Fard, a compulsory order.
Tabaqah: a dass of reporters in the same generation, i.e. Sahabah
(raa), Tabi’een,
G-12 113
Taabi’een: (sing. Taabi’ee, lit. foilower); those who met and studied under
the Sahabah (raa) and died as Musiims,
Tafseer: an explanation of the meanings ofthe Quranic word and
verses within a specific methodology.
Taqleed: following of another person’s opinion without a binding proof.
Taqriri: approval.
Taqwaa’: the protection of one’s self from the punishment of Allah (swt)
by doing what He (swt) has commanded and avoiding what
He (swt) has forbidden.
Tashri: legislation
Tawheed: the purely unitarian concept of Allah (swt), found only in Isiam,
in which Allah is unique in being the Creator, in being
worshIpped, and in His essence, names and attributes.
Thannly: (lit speculation, doubt) an evidence which has more than one
meaning or an evidence which is not conclusive in proof.
Ulema: (sing ‘Alim); literally scholars but commonly used
to refer to scholars in islam. Also, represents the Muslim
nation worldwide.
Usul al Fiqh: collection of rules pertaining to the methodology for extracting
rules from the Islamic legislative sources.
Wahi’y: revelation.
Wajib: an obligatory action synonymous to Fard. if the individual
performs the action then he is rewarded. Whereas, the failure
to perform the action results In a punishment
Zakah: an act ofworship requiring a Muslim to pay a certain portion of
his wealth to the Bait ui Mal of the Islamic State for distribution
towards eight specific categories.
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Islamic History Time Line G-12 115 G-12 116
G-12 117
G-12 118
G-12 119
G-12 120
G-12 121
Muslim Women praying for the return of the Islamic Armies to liberate Palistine from the Zionist.
Isreali Security forces under fire from Palestinians who are unarmed! G-12 122
Isreali Security forces have a shoot to kill policy
Tear Gas is normal practice by the Isreali forces against Muslims who are found together.
USUL UL FIQH
IYAD HILAL
Every Muslim is recommended to take this self-study course. If understood correctly a pass mark is awarded. In addition, If you
check out the Islamic Truth website at the above address a distinction is awarded. In the event of working towards establishing
Allah(swt) deen (Al-Khilafah) your award will be towards paradise. Well worth achieving.
www.islamic-truth.fsnet.co.uk Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
About the Author
Lyad Hilal has a Masters Degree in Fiqh and Its methodology. He has authored numerous
books:
· Treaties in Islam (Arabic)
· Gull Crisis (Arabic)
· Palestinian Quest (Arabic)
· Masiahah in islamic Activities (Arabic)
· Muslims in the West (English)
He has contributed many articles to various publications and journals in the United States and
abroad, both in Arabic and English.
lyad Hilal has organized and participated in numerous seminars addressing a variety of topics.
His lectures and discussions are available on audiotapes, as are his books, through the Islamic
Cultural Workshop.
Note:
There have been some additions added to this course document where the Islamic Truth
Group had felt it appropriate. The Group had been established in 1999 to increase Islamic
knowledge so that Muslims become Allah(swt) viceroys on earth, by carrying the correct Islamic
Aqeeda, Usul Ul Fiqh & Shari’ah, to take part in the establishment of a true Islamic State (Al-
Khilafah) that Muslims are working for right now. You are urged to form Groups that follow the
correct Islamic methodology, that of Muhammad (saaw) and spread decisive Dawa that brings
to light the truth to mankind. Muslims have forgotten the true essence of Islam, and are
transgressing towards the hell fire at high speed. Lets work to put our brothers, sisters, fathers
and mothers back on the correct path that leads to success in this temporary life and hereafter –
Inshallah!
To all Muslims, you are the future government of the Islamic state. A state that will encompass
the world. The Governmental structure will require the best among you who hold firm to the
Islamic belief and deep understanding of the Islamic economic, social, political, judicial and
administrational systems that encompass ISLAM as a political world power. Our goal as
Muslims is to rule the world by Islam for the pleasure of Allah(swt). It is Allah(swt) who
commands us to establish his deen to be dominant over all other man-made deens and
religions. Al-Khilafah will take care of the affairs of Muslims and non-Muslim worldwide,
protecting there religion, property, money and lives - ultimately to please Allah(swt) by
implementing true political ISLAM.
Send an email to islam@islamic-truth.fsnet.co.uk for further advice and guidance.
Lets work together to bring Al-Khilafah back into the international arena. This will benefit
everyone.
COURSE CONTENTS
TIME LINE 6
INTRODUCTION 8
1.0 BASIC TERMS IN ISLAMIC JURISPRUDENCE 10
1.1 Fiqh BASIC TERMS IN ISLAMIC JURISPRUDENCE 10
1.2 Usul al Fiqh 10
1.3 Shariah 11
1.4 Hukm Sharii 11
1.4.1 Types of Hukm Sharii 12
1.5 The Application of Shariah 13
2.0 DALEEL 15
2.1 Structure of a Daleel 15
2.1.1 Riwayah 16
2.1.2 Dalalah 16
3.0 QURAN 20
4.0 SUNNAH 22
4.1 Types of Sunnah 23
1. Actions as Part of Prophet (saaw)’s Nature 23
2. Actions Specifically for the Prophet (saaw) 23
3. Actions of the Prophet (saaw) Carrying Legislative Consequences. 24
4.2 Basic Terms in Hadith: 27
4.2.1 Types of Hadith 27
4.3 Reconciling a Perceived Conflict Between two or more Ahadith 29
5.0 RELATIONSHIP BETWEEN QURAN AND SUNNAH 32
5.1 The Application of Sunnah 34
6.0 RELATIONSHIP BETWEEN QURAN AND SUNNAH 36
6.1 Quran 36
6.2 Sunnah 36
6.3 Ijma 37
6.3.1 Ijma al Ummah 37
6.3.2 Ijma al Mujtahideen 39
6.3.3 Ijma ahlel Bayt 40
6.3.5 Ijma as Sahabah 43
www.islamic-truth.fsnet.co.uk
6.3.6 Daleel Indicating the Authority of Ijma as Sahabah 43
6.3.7 Who is the Sahabi? 45
6.4 Qlyas 45
6.4.1 Daleel indicating the authority of Qiyas 46
7.0 SOURCES OF HUKM SHARII NOT AGREED UPON BY ALL THE ULEMA 47
7.1 Istlhsan 47
7.1.1 Types of Istihsan: 47
7.2 Maslaha at Mursalah 49
7.2.1 Types of Maslaha al Mursalah 49
7.3 Laws Revealed before Islam 51
6.0 IJTIHAD 53
8.1 Qualifications for performing ljtihad 53
8.2 Types of Mujtahld 54
8.3 Reasons for differences of opinion among the Mujtahideen 55
8.3.1 Differences in the Legislative Sources 55
8.3.2 Differences in interpreting the text itself 56
8.3.3 Differences in Methodology of Usul-Fiqh 56
8.3.4 Differences in Understanding the Arabic Language 57
9.0 A BRIEF OVERVIEW OF SOME SCHOOLS OF THOUGHT 60
9.1 Era of the Prophet (saaw) 60
9.2 Era of the Sahabah (raa) 61
9.2.1 Why was there Difference of Opinion amongst the Sahabah (raa)? 65
9.3 Era of the Tabi’een 65
9.3.1 AhIul Hadith & Ahiul Ra’ee 66
9.4 Madhab of Imam Abu Hanlfah (ra) 68
9.4.1 Books and Students from the Madhab of Imam Abu Hanifah 68
9.5 Madhab of Imam Malik (ra) 69
9.5.1 Books and Students from the Madhab Imam Malik 71
9.6 Madhab of Imam Shafii 71
9.6.1 Books and Students from the Madhab of Imam Shafii 73
9.7 Madhab of Imam Ahmad ibn Hanbal 73
9.71 Imam Ahmad and ‘IIm~uI-Ka!aam 74
9.72 Students from the Madhab of Imam Hanbal 76
9.72.1 Ibn Taymiyyah 76
9.8 Madhab of Ibn Hazm 76
9.9 IntroductIon to Madhab of Imam Zaid and Imam Jafar 77
9.9.1 Madhab of Imam Zaid 78
9.9.2 Madhab of Imam Jafar 80
10.0 DO WE NEED A NEW SCHOOL OR MADHAB? 84
11.0 TAQLEED 87
11.1 Daleel for performing TaqIeed: 87
11.2 MuslIms Must Ask for Daleel 88
11.3 Taqleed is not practiced in the Aqeedah (Belief) 88
11.4 Muqalid Shifting from One Opinion to Another 88
12.1.1 Forms of Wahi’y (Revelation) 90
12.1.2 Differences Between the Revelation of Quran and Sunnah 92
12.2 Role of Aqi 93
12.3 Does the Shariah Apply on Non-Muslims? 96
12.4 Is Prophet Mohammad (saaw) a Mujtahid? 96
12.6 Need for an American Fiqh? 100
12.7 Alinority Fiqh 103
CONCLUSION 104
GLOSSARY 106
Time Line
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Time Line (Text Version)
Birth of Muhammad (saaw) (570) 500C.E.
Khalifah Abu Bakr (ra) (632-634)
Khalifah Umar ibn al Khattab (634-644)
Khallfah Uthman bin Affan (644-656)
Khallfah All bin Abi Talib (656-661)
Ibn lshaq (708-774)
Khaiifah Umar bin Abdui Aziz (d. 720)
Khalifah Harun al Rasheed (786-809)
Saiah al-Din aI-Ayyubi (1169-1193)
Imam Nawawi (1233-1277)
Ibn Al-Qayyim Al Jawziyyah (d.1350)
Ibn Kathir (1300-1373)
Imam Zaid bin All (700-742) Imam Jafar (700-768)
Imam Abu Hanifah (700-768)
Imam Mailk (713-797)
Imam Shafii (767-820)
Imam Ahmed ibn Hanbai (781-856)
Imam ibn Hazm (994-1064)
Ibn Taymlyyah (1263-1328)
Imam Shawkanee (d. 1873)
Khalifah Abdul Hamld 11(1876-1909)
The Dissolution of the Islamic State (d. 1924)
Imminent Return of Al-Khilafah (200?)
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Introduction
Today have I perfected your Deen, completed my favor upon you,
And have chosen for you Islam as your Deen. (Al Ma’ida: 3)
In this Ayah, as well as many others, Allah (swt) reminds the Muslim Ummah of the value
and regard that He (swt) has for the Message of Islam. This Message is unique in
comparison to the previous Messages in several ways.
It is the last and final Message for humanity from Allah (swt). The followers of this
Message have the honour of implementing and carrying it to other nations without the
presence of their Messenger (Muhammad (saaw)).
In contrast, the Ummahs before the Message of Muhammad (saaw) were led by their
respective Prophet or Messenger. This honour manifests itself in Allah’s (swt) promise
that the Muslim Ummah would be the first to enter Paradise. Therefore, the people who
have entered this Deen are truly the fortunate ones.
The Muslim Ummah earned this honour by realizing the necessity of implementing and
maintaining Islam. They were its guardians even when they were under the brutal
occupation of
the Mongols. In fact, during the occupation they were able to dramatically influence the
occupiers with the Islamic ideology. This unprecedented event exemplifies the trust and
the clear-cut understanding of!slam that Muslims possessed. What other nation was able
to influence and change its conquerors, such that they would start carrying the Deen of
the conquered?
It is with a feeling of regret and sorrow that today we witness Muslims, either leaving or
only partially accepting Islam. Muslims have tried to mix its thoughts and values with that
of other ideologies. It’s laws are partially implemented along with those of other
ideologies. Islam for the most part is generally known by its rituals to its followers and
thus they convey it to other nations as such.
However, this Deen is still alive and intact in the Quran and Sunnah. It is from these two
sources that we will explain, the nature of Islam and fundamental elements associated
with its foundation of law (Usul al Fiqh), Insha’Allah.
Islam was not revealed all at once, and is notjust a set of “do’s” and “don’ts” like any
constitution or legal document. In contrast, Islam offered solutions to the day to day
problems as they were encountered by the Prophet (saaw) and the Sahabah (raa).
Islam provided a definite and clear vision to the Prophet
(saaw) on how to live up to its ideology. Islam did not only provide and explain its values Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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and thoughts; moreover, it provides a comprehensive set of legal laws regarding all
facets of human existence. The implementation of these laws brought unheralded
tranquillity and justice in the society.
and unparalleled ideas, values, thoughts, guidelines, and laws which Prophet
Mohammed (saaw) expressed or applied during his (saaw) life.
The Aqeedah of Islam surpasses the ‘Aqeedah’ of capitalism! democracy, in that it
makes the human being subservient to his Creator rather than to his own desires. The
simplicity of Islam frees the human being from slavery to anything other than Allah
(swt).The Aqeedah of Islam orients a persons thinking to seek the pleasure of Allah (swt)
as opposed to self benefit and material pleasure.
The laws of Islam are of the same nature as it’s Aqeedah. In that, they are both revealed
by Allah (swt). The laws neither favor the working nor the elite class in the society. These
are qualities of man-made laws which the Shariah transcends. Consequently, no Muslim,
whether rich or poor, would feel any hesitation or regret in implementing the Islamic laws.
However, presently, hesitation and skepticism are prevalent at the Ummah level. We will
examine and reflect on one of the major causes of such a decadent attitude, i.e. the lack
of a cohesive understanding of issues surrounding Fiqh (Islamic Laws).
It is with this purpose of developing a cohesive understanding of Usul al Fiqh that we
have put forward this effort.
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1.0 BASIC TERMS IN ISLAMIC JURISPRUDENCE
1.1 Fiqh BASIC TERMS IN ISLAMIC JURISPRUDENCE
Linguistically, Fiqh implies having knowledge in depth. As a juristic term, Fiqh has two
meanings:
A. Having the knowledge of the rulings of Shariah (Islamic Law) which are extracted
from the legislative sources. As an example, a Faqih would know the ruling for
the issue of abortion; in addition, he would know how and from where this ruling
was extracted.
B. All the Islamic laws. This definition is synonymous to the term Shariah.
1.2 Usul al Fiqh
Usul al Fiqh is the collection of principles pertaining to the methodology for the extraction
of Fiqh. The concept of Usul al Fiqh is comparable to adhering to a methodology when
conducting a scientific experiment. Similarly, adhering to a methodology in deriving Fiqh
(rulings) is referred to as Usul al Fiqh. This methodology provides a way for a person to
derive Islamic rulings from the legislative sources in Islam.
The collection of principles related to Usul al Fiqh are many. A few examples of these
rules are discussed in the following section.
A. Legislative Sources
Adopting specific sources to derive laws is a major subject in Usul al Fiqh. The
Quran, Sunnah, Ijma as Sahabah (consensus of the companions), and Qiyas
(analogical deduction) are four sources in Islam, which are accepted by almost all
of the scholars. However, there are other additional sources such as Maslaha al
Mursalah (benefit) or Ijma al Ummah (consensus of the Ummah), which are not
widely accepted.
B. Arabic Language
Within the Arabic language, there are rules for understanding the structure of an
Ayah or Hadith. The rules of grammar in the Arabic language define the meaning
of the Ayah or Hadith. Therefore, understanding the rules of grammar and their
application is one use of the Arabic language in Usul al Fiqh.
C. Interpreting the text of Quran and Sunnah
Unless the text of the Quran and Sunnah is correctly understood, no ruling can
be deduced from it. The linguistic structure of the text in Quran and Sunnah
varies from one style to another. Some examples of these linguistic styles are:
Thanniy (speculative text), Qatai (definitive text), Amm (general text), Khass
(specific text), Haqiqi (literal text), and Majaazi (metaphorical text). The rules to
distinguish and difl’erentiate between these styles is an important subject in Usul
al Fiqh. Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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Another essential aspect involved in interpreting the text of the Quran and Sunnah are
issues surrounding abrogation of rulings from the Quran and Sunnah. The study of
abrogation involves issues such as, what constitutes abrogation, how to understand it in
relation to other Ayahs or Ahadith, and how to reconcile these differences.
Some Muslims claim there is no need for Usul al Fiqh, thinking one can directly go to the
text of the Quran and Sunnah and derive laws. Such a claim really illustrates the
ignorance in understanding Islam. It is impossible to derive laws without being equipped
with the necessary tools. These tools enable us to understand the text of the Quran and
Sunnah, and without understanding the text, one would not be able to extract laws.
As an example, without being aware of the rules of Arabic grammar for interpreting the
text of Quran and Sunnah, one would not be able to differentiate whether the command
in the Ayah or Hadith for a certain action is Haram (forbidden) or Makruh (undesirable).
Therefore, Usul al Fiqh is a definite prerequisite to derive rulings.
Since rulings are deriv I based on Usul al Fiqh, a variation in Usul al Fiqh may result in
different rulings. This is one of the reasons that there might exist more than one ruling on
some issues.
The end product of Usul al Fiqh is Shariah (or Fiqh). The difference between Usul al Fiqh
and Shariah is that the latter is concerned with the rulings related to our actions, and Usul
al Fiqh is concerned with the methodology applied to deduce such rulings.
1.3 Shariah
The linguistic meaning of the word Shariah is a non-exhaustive source of water from
which people satisfy their thirst. Thus, the linguistic significance of Shariah is that the
Islamic laws are effectively a source of guidance. As water is the fundamental basis for
life, the Islamic laws are an essential source for guiding human life.
Shariah is composed of all the laws derived from the legislative sources of Islam. These
laws are not just limited to areas covering marriage or divorce; rather, the Islamic laws
cover every action performed by an individual or a society. The term Shariah is also a
synonym for Fiqh.
1.4 Hukm Sharii
The text of both Quran and Sunnah address many topics such as, stories of previous
Ummahs, the Day of Judgment, and others. However, the text which specifically
addresses our actions of what to do or what not to do is referred to as Hukm Sharii.
The term Hukm Sharii, in Arabic, means the address of the Legislator related to our
actions. Islam addresses all of our actions, whether they are permitted or not.
Accordingly, all of our actions have to be guided by the Hukm Sharii. Allah (swt) says:
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‘Who so rules not according to what Allah has sent down ... they are the disbelieves ...
they are the wron~doers ... they are the trans~ressors.’
(Al-Maldah: 44-47)
“It is not for any bellevlnq man or woman, when Allah and
His Messenger have decided a matter, to have any choice for
themselves in their affairs. For whosoever against Allah(swt) and
his Messenger has gone astray into mainifest error.” (Al-Ahzab: 36)
1.4.1 Types of Hukm Sharii
Many Muslims are too quick to conclude that something is either Haram(prohibited) or
Fard (compulsory) after a quick reading of an Ayah or a Hadith. Not all commands in the
legislative sources are Fard or Haram. The rules which are used to differentiate the types
of Hukm Sharii are again related to Usul al Fiqh.
In reality, the Hukm Sharii can be understood in five general ways.
A. Fard (compulsory):
If the request to do an action is decisive (Talab Jazim) then it is a Fard or Wajib;
both have the same meaning. A person who complies with a Fard will be
rewarded,while one who disobeys will be punished.
Example: Performing and establishing Salat, paying Zakah.
B Haram (prohibited)
If the instruction is connected with a decisive command of refraining from an
action then it is Haram or Mahthur. If the Haram is committed, then the person
will be punished, but if the Haram action is avoided, the person will be rewarded.
Example: dealing with Riba, gambling, promoting nationalism or democracy, etc.
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C. Mandub, Sunnah or Nafilah (recommended)
If the instruction to do an action is not firm, then it is considered Mandub, The
one who performs it is praised and rewarded; however, the one who abstains
from it is neither blamed nor punished.
Example: Attending to the sick, giving alms to the poor, fasting Mondays and
Thirsdays.
D. Makruh (disliked):
If the instruction of refraining from an action is not firm, then it is considered
Makruh. The one who abstains is praised and rewarded while the one who does
it is neither punished nor blamed.
Example: performing Salat between Fajr Salat and sunrise, eating garlic before
going to the Masjid for Salat, etc.
F. Muhbah (permissible)
If the choice to do or not to do an action is left up to the person, then the action is
called Mubah. One will neither be rewarded nor punished for an action falling
under this category.
Example: Eating lamb or chicken, marrying up to four wives, etc.
Some of the Hukm Sharii such as Fard are divided into sub-categories. For example,
Fard is divided into Fard al Ayn and Fard al Kifaya. Faid al Ayn is obligatory on every
single Muslim, such as praying live times a day; whereas, Fard al Kifaya is obligatory on
the whole Ummah, until part of the Ummah fulfills the Fard, such as the burial of a de-
ceased Muslim. If a portion of the Ummah fulfilled this task, then this relieves the duty
from the rest of the Muslims. Some of the other types of l-Iukm Sharii are also further
sub-divided.
1.5 The Application of Shariah
The Shariah is not only limited to areas covering divorce or marriage. It covers the
relationship between Man and Allah (swt), Man and Himself, and Man and Man. In
addition, to the method for applying these rules, implementing any rule requires having
the knowledge of the situation, the rule, and the method.
As an example, there is a general principal in Islam that a thief’s hand should be cut off.
However, if the individual steals food while hungry, then this general principal is not
applied in this particular situation. Consequently, the knowledge of how and when to
apply a rule is obligatory. Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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A misapplication of the Shariah is applying the Islamic laws related to Hudud
(punishment) while at the same time implementing an economic system based on
capitalism. Islamic laws related to punishment were revealed to protect the society in
which Islam is being applied.
How can the Islamic laws related to punishment be applied concurrently with capitalism,
which thrives on exploiting the masses? How can any one justify the Islamic punishment
of cutting the hand of a thief while the thief is under the oppression of capitalism?
The punishment of cutting off the hand of the thief is based upon protecting the society
where the Islamic System is in application, a system which functions to see to it that the
basic needs of every individual in the State are met.
The Shariah should not be viewed as a burden or an obstacle in our lives; but rather, as
a mercy from Allah (swt). These laws must be understood as a part of the Deen (a
comprehensive way of life) revealed by the Creator. This Deen, Islam, requires a
conviction that Islam is the only solution to our problems; it came from Allah (swt), Who
created us and thus knows what is best for us.
There is no reason for us not to obey any ruling from Allah (swt). As mentioned earlier,
the Islamic laws are Just because they are from Allah (swt), in contrast to the oppressive
man-made laws. Consequently, we should feel proud, happy, and grateful that Allah (swt)
has shown us the only correct way to obey Him (swt).
Islam is a complete and thoroughly integrated unit that cannot be implemented partially.
The implementation of the Islamic rules related to the economy necessitate the
implementation of the rules of Zakah, Nafaqah, and Al-Jizyah, which in turn means the
implementation of the economic system.
The execution of the economic system requires the implementation of the Ibadaah, social
system, rules related to the People of the Book, Islamic foreign policy, and rules related
to the Khalifah all together. The Islamic system is inter-connected; one part helps the
implementation of the other part.
Implementing only some parts of Islam, and leaving others, results in chaos, as is evident
today. For instance, Allah (swt) has permitted divorce to solve a problem, but today
divorce itself is a problem rather than a solution due to the misapplication of this
particular solution and Islam in general.
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2.0 DALEEL
Linguistically, Daleel means a proof, indication, or an evidence. As a term, Daleel means
the source or evidence for a thought, concept, or a ruling. Any law or ruling must have a
Daleel, which can be from Quran, Sunnah, or a source, which Quran and Sunnah
directed us to adopt. These sources will be discussed later in the book. Any ruling from
the text of either the Quran or Sunnah is considered a Daleel.
For example, the Quran states:
‘Let there arise out of you a group of people Inviting to all that is
good (Islam) and enjoining what is right and forbidding what is
wrong.’ (Al Imran:104)
This Ayah is considered a Daleel for the obligation of establishing a Hizb (party or group)
calling for Islam and enjoining what is Maruf (good) and forbidding what is Munkar (bad).
An example of a Daleel from the Sunnah is the prohibition to the call for nationalism. The
Prophet (saaw) said about all types of Asabiyah (nationalism, racism, tribalism):
“Leave it, it is rotten.” (Bukhari and Muslim)
2.1 Structure of a Daleel
As mentioned earlier, a Daleel is an evidence for an opinion, concept, ruling, or a thought
from Islam. There are two aspects related to any Daieel, Riwayah (reportage) and
Dalalah (meaning).
The Riwayah covers issues related to how the information was relayed to us, which
includes the number and the integrity of reporters.
The DalaJah is related to the meaning of the text in the Daleel. There are also two terms
used in connection with Riwayah and Dalalah, Qatai and Thanniy.
Qatai is defined as being conclusive or decisive, while Thanniy is the opposite of Qatai
and means non-definite or indecisive. Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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2.1.1 Riwayah
Any Ayah from the Quran or Hadith Mutawatir is considered Qatai (conclusive) in its
Riwayah (report).
The Qatai in Riwayah implies that the evidence is authentic without any shadow of doubt.
This authenticity is established based on the methodology of transmission.
The methodology by which Quran was transmitted to us precludes any possibility of
fabrication. The report was transmitted generation by generation in exactly the same
manner. It is impossible for an entire generation to fabricate, erase, or add contents to
the Quran. It is inconceivable to believe that every single individual in that generation as-
sembled together and agreed to add or delete parts of the Quran. Everyone in that
generation was reciting the same contents of the Quran, thus authentifyng its contents.
Hadith Mutawatir was not transmitted generation by generation, but rather by a large
number of people. Due to the large number of people reporting the Daleel, and their
diversity of residence, their established reliability and conviction, it is inconceivable that
this Daleel could be wrong.
Any report of information other than through the Quran or Hadith Mutawatir, such as
Hadith Ahad, is considered Thanniy (non-definite), meaning that there is a minute
possibility that the Daleel could contain error.
To summarize:
2.1.2 Dalalah
The second aspect of the Daleel is the Dalalah (meaning). If the text of Quran, Hadith
Mutawatir or Hadith Ahad is clear, specific, and has only one meaning, then it is
considered Qatai. The text of a Qatai Daleel has to have only one meaning and cannot
be open to any other interpretation. If the text is open to more than one interpretation,
then it is considered Thanniy. Since interpretations are due to the Arabic language, any
interpretation has to be justified through the Arabic language.
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To summarize:
A1. Example of Quran with a Qatai (conclusive) meaning:
‘What your wives leave, your share is a half, if they leave no chlld.’ (An Nisa:12)
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‘Those who accuse chaste women of zinna (adultery) and fail to bring four
witnesses (to prove it) flog them eighty strips.’ (An Nur: 4)
This quantative aspect of these rulings, namely one half and eighty are clear and
therefore cannot be open to any other interpretations.
A2. Example of Hadith Mutawatir with Qatal (conclusive) meaning:
“Whosoever lies about me (Prophet Muhammad (saaw)) deliberately, let him take
his place in the Hell fire”
This Mutawatir Hadith is very clear in its subject; thus there is only one understanding
from the text, that whoever lies about what Prophet (saaw) said intentionally, he will go to
hellfire.
A3. Example of Hadith Ahad with Qatai (conclusive) meaning:
It is reported from a non-Mutawatir Hadith that the Prophet (saaw) fasted 6 days in
Shawwal. The conclusive meanings from this Hadith are the following:
a) Permissibility of fasting 6 days in Shawwal.
b) Except on the first day, since it is the day of Eid, and it is Haram to fast on Eid.
B1. Example of Quranic Ayah with a Thanniy (non-definite) meaning:
In Surah al Maid’a Ayah 6, Allah (swt) says if you la masturn the women it breaks the
wudhu. The word Ia mastum has been interpreted as having two meanings:
a) Touching.
b) Sexual Intercourse.
Thus the Ayah has a Thanniy Dalalah, i.e. it could mean touching women breaks the
Wudhu, or sexual intercourse with a woman breaks the Wudhu.
B2. Example of Hadith Mutawatir with a Thanniy (non-definite) meaning:
It was reported that the Prophet (saaw) used to take off his Ihram in a specific manner.
However, when the Sahabah (raa) told the Prophet (saaw) that they took it off in a
manner different from the way he (saaw) took it ofI~ the Prophet (saaw) approved of their
actions.
Though this incident is Mutawatir, the rules to take off ones Ihram are many.
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B3. Example of a Hadith Ahad with a Thanniy (non-definite) meaning:
It is reported from a non-Mutawatir Hadith that the Prophet (saaw) fasted 6 days in
Shawwal. The non-definite meanings of this Hadith are:
a) Whether the six days of fasting are consecutive or not?
b) Fasting in which part of Shawwal?
So far we have discussed the Qatai and Thanniy aspects of both Riwayah and Dalalah
separately. However, the method to determine whether the Daleel (both in Riwayah and
Dalalah) is Qatai (conclusive) or Thanniy (non-definite) is the following:
1. QataiRiwayah + Qatai Dalalah = Qatai Daleel
2. ThanniyRiwayah + Qatai Dalalah = Thanniy Daleel
3. Thanniy Riwayah + Thanniy Daialah = Thanniy Daleel
4. Qatai Riwayah + Thanniy Dalalah = Thanniy Daleel
Any idea, thought, or concept related to the Aqeedah has to be based upon a Qatai
Daleel. As an example, the concept that Angels exists is based upon a Qatai Daleel not
Thanniy. Also, in Usul a! Fiqh, to establish a source for extracting rulings, the source
must be based upon a Qatai Daleel as well.
As an example, to consider Ijma as Sahabah (consensus of the companions) as a source
of rulings, the Daleel to prove the authority of Ijma as Sahabah has to be Qatai both in
Riwayah and Dalalah, though a ruling can be derived from either a Qatai or Thanniy
Daleel.
One might wonder why understanding the text of Quran and Sunnah is so
complicated?
By examining the text of Quran and Sunnah one can see that it is limited in its volume.
With its limited text one can generate rulings to any problems affecting us anywhere and
anytime until the Day of Judgment.
It is a miracle from Allah (swt) that the text of the Quran and Sunnah have the ability to
express numerous rulings from a single Ayah and Hadith; whereas, the ability to
understand many meanings from a single text cannot he found in any other legal text in
the world!
The challenge is for Muslims in each generation to try to understand the text and relate it
to their lives since the Quran and Sunnah are relevant to all times and places.
Besides the point mentioned above, we have to realize that there are rules and
guidelines related to understanding and deriving laws from the Quran and Sunnah. No
one, without being acquainted with these rules (Arabic language, rules which differentiate
one type of text from another, etc.), can understand the text of Quran and Sunnah.
Even to understand man-made constitutions, one has to spend a few years studying and
understanding the text. So, how can we expect an individual who is unfamiliar with the
Usul al Fiqh to open up the Quran and Sunnah and start extracting laws from it? Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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3.0 QURAN
Quran is derived from the word Qara’a, which means to read or recite. Therefore, Quran
linguistically means the book that has been read or recited.
As a term, Quran is Allah’s (swt) miraculous speech revealed unto Muhammad (saaw) in
Arabic and transferred to us by Tawatur method. The recitation of Quran is considered as
an Ib’adah (act of worship). By Allah’s (swt) speech it is meant that the Quran is the exact
words of Allah (swt). It was revealed to Muhammad (saaw) as it exists today. By
miraculous it is meant that no one can produce something similar to it.
The term “in Arabic” refers to the language of the Quran, not to its scope or its ideas
because Quran addresses all Arabs and non-Arabs. The rules of Quran are universal
and not restricted to one ethnic group or a specific area or time.
By Tawatur method it is meant that it was conveyed to us by a group of people for whom
it is impossible to lie or conspire to fabricate a lie. The Quran was transferred to us
through an entire generation, not just by a group, to its successors, until it reached the
present generation, without any interval in this transference.
Reciting Quran in Arabic by itself, without even comprehending its meaning is considered
an Iba’adah. In this regard, Quran is different from Hadith, which cannot be recited as an
act of Iba’adah. However, thinking about the meanings of both the Quran and Hadith is
considered an Iba’adah.
During the time of the Prophet (saaw), the text of the Quran was preserved in memory
and also inscripted on flat stones, wood, and bones. Initially Khalifah Abu Bakr (ra)
collected the Quran soon after the battle of Yamamah due to the martyrdom of many
memorizers of the Quran. Zayd bin Thabit (ra), the scribe of the Prophet (saaw), was
employed in the task of compiling the text.
During the time of the Prophet (saaw), Muslims used to recite the Quran in different
ways, which were taught by the Prophet (saaw) himself. When the Sahabah (raa)
emigrated to the conquered lands the Muslims in those areas recited the way that Sahabi
(ra) recited. Consequently, there were some arguments as to which method of recitation
was correct.
Khalifah Uthman (ra) realized this problem and feared that the fate of the Quran would go
the same way and be lost or corrupted as were earlier books of the revelation. In order to
remove this danger, Khalifah Uthman (ra) adopted one way of recitation and made seven
copies. These seven copies were sent to different areas; the master copy was kept in
Medinah. All other copies existing at the time were destroyed.
The Quran was revealed with the words and its meaning intact; whereas, the Sunnah
was revealed in meaning and the Prophet (saaw) expressed this meaning using his own
words. The Quran was revealed in two distinct periods of the Prophet~s (saaw) Dawah,
in Mecca and Medinah. Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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A Surah is considered to be Makki if its revelation had begun in Mecca even if it contains
Ayahs that were revealed in Medinah. The distinction between the Makki and Madani
parts of the Quran is based on the information provided mainly by the Sahabah (raa). Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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4.0 Sunnah
Sunnah, linguistically, means a path or a way. As ajuristic term “Sunnah” has different
meanings to various disciplines of the Islamic culture.
q To the Ulema of Hadith:
Sunnah refers to all that is narrated from the Prophet (saaw), his acts, his sayings,
whatever he has tacitly approved, and all the reports which describe his physical
attributes and character.
q To the Ulema of Fiqh ( Jurisprudence):
Sunnah refers to the category of Mandub or Nafilah. In this sense, Sunnah is used
synonymously with Mandub. As an example, praying extra prayers or fasting extra days
other than in Ramadhan is Mandub or Nauilah.
q To the Ulema of Usul al Fiqh:
Sunnah refers to another source of Shariah along with the Quran. Thus, in the usage of
Usul al Fiqh, one might say that fasting days other than in Ramadhan is from Sunnah,
denoting that this ruling has been validated by the Sunnah.
Mandub, meaning a recommended act. In Usul a! Fiqh it is a source for extracting
rulings, and it establishes the following types of Hukm Sharii
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4.1 Types of Sunnah
A. Qawli (verbal): consists of the sayings o( the Prophet (saaw) on any subject.
Example: “He who cheats is not one of us.”
B. Taqriri (Approval): consists of the approval of the Prophet (saaw). If something
was done in front of him (saaw) and he (saaw) didn’t disapprove of it, then it is
considered an approval. As an example, the Prophet (saaw) approved the way
women prayed in the mosque, separate from men, but in the same room.
C. Faili (Actions):consists of the Prophet (saaw)’s deeds and practices, such as the
way he (saaw) used to pray or perform Hajj.
The following paragraphs address the actions of the Prophet (saaw) and their legislative
impact. The actions of the Messenger (saaw) can be divided into three parts. The first
section consists of those actions, which were natural to him as a human being, secondly
actions that were specific to him as a Prophet (saaw), and thirdly, actions which carry
legislative impact.
1. Actions as Part of Prophet (saaw)’s Nature
These actions include the way he stood, sat, ate, or drank. For example it is reported that
when he (saaw) walked and wanted to turn his head to another direction, he (saaw)
would turn his entire body. This type of action has no legislative impact, except in certain
cases where he (saaw) recommended doing a particular action. Then such an action
would be considered Mandub.
For example, there is a Hadith telling a Sahabi to eat with his right hand which shifts the
action, initially falling under a mubah (permissible) category, to a Mandub
(recommended) category. The Sunnah also excludes specialized and technical
knowledge, such as medicine and agriculture because it is not held to be part of the
function of Prophethood.
2. Actions Specifically for the Prophet (saaw)
Allah (swt) has sent the Messenger (saaw) with rules that are specifically related to him
(saaw) only. Some examples of these rules are:
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Whoever performs any of these actions is sinning because these actions are exclusively
for the Prophet (saaw).
3. Actions of the Prophet (saaw) Carrying Legislative Consequences.
The kinds of actions which carry a legislative consequences are of three types:
A. The action of the Messenger of Allah (saaw) which provides
an explanation for a text.
If this explanation was for a rule or text that was obligatory, then the explanation also
becomes obligatory. If the explanation was for a rule that was Mandub, then the
explanation also becomes Man dub. Generally speaking, the explanation takes the same
status as the rule. Some examples will clarify this principle.
The Quran obligates the establishment of the Salat. Any explanation of performing the
Salat by the Messenger (saaw) is thus also an obligation. For example, he (saaw) recited
Surah Fatihah while standing, and always recited the Surah during each Rakah. Except
for people who are excused due to physical disabilities, reciting Surah-Fatihah must be
done while standing in Fard prayers.
Allah (swt) ordered the Messenger (saaw) to rule the people with what was revealed to
him (saaw). Thus, the way the Messenger (saaw) ruled the people (by Islam) is an
obligation. Some argue that the Messenger (saaw) did not leave details about the ruling,
rather he (saaw) left general outlines, and that it is left to our intellect to innovate and
initiate new forms of ruling. Many Muslims believe this point and are using democracy
and parliamentary processes to rule the Muslims.
However, since any order that is addressed to the Messenger (saaw) is also addressed
to all Muslims, the order to rule by the revelation is an order to all Muslims. The Quran
warns us that those who do not rule by Islam are either Zhalim, Fasiq, or Kafirs. When
we study the Seerah, we find an abundance of details related to ruling by Islam. For ex-
ample, the Messenger’s (saaw) saying that:
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“The children of Israel were sent Prophets. Every time a Prophet died or was killed,
another Prophet would succeed him. However, there will be no Prophet after me
and there will be Khulufa and they will be many. So the Sahabah asked,’what
should we do? He said, fulfill the Ba’ayah to the first and then the one who
succeeds him and give them there rights for Allah (swt) will hold them accountable
for their responsibilities.” (Muslim)
In addition, the Prophet (saaw) said that there should be only one Khalifah;
“If the Ba’ayah is given to two Khalilah’s, then kill the latter one” (Muslim)
He (saaw) also told us that whoever backs away from his Bay’ah, Allah (swt) will be
angry with him. The Seerah also defines the pillars of the State’s ruling system - it being
made up of the Head of State, Delegates and Executive Representatives of the Head of
State, Governors, Provincial governors, Amir of Jihad, Judges of the Judicial Branch, The
Majlis of the Ummah (Consultation Assembly), and the Administrative Council.
Since these aspects were detailed as an explanation of the order to rule by Islam, this
explanation takes the same status as the order and is thereby mandatory for us to
implement. This explanation should re lute any claim by any person that utilizing a
democratic, parliamentary, republican, monarchical, or dictatorial method of ruling is
within the boundaries of Islam.
Allah (swt) ordered the Messenger (saaw) to carry the Islamic Dawah. Allah (swt) says:
“
Say (o Muhammad): this Is my way (sabeel), I and whoever follows me call and
invite to Allah ...”, (Yusuf 108)
and He (swt) also says:
“invite to the way of your Lord with hlkmah, and a magnitizing speech
(maw’ithatul-hasanah), and debate with them with what Is better (ahsan).” (An-Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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NahI: 125)
These Ayahs obligate us to carry the Islamic Dawah the way the Messenger (saaw) did.
The Messenger of Allah (saaw) performed the Dawah as a part of a group or party. He
(saaw) did not compromise any rule or letter in Islam, he (saaw) never adopted the
principle of “If you can’t beat them, join them.”
The Messenger (saaw) and his Companions (raa), confronted the Meccan society,
attacking their Aqeedah (beliefs), laws, rulers and concepts, always proposing Islam as
the only alternitive.
This group never engaged in any material struggle such as in terrorist actions, military
actions, or sports training. Their struggle involved a political struggle with the leaders of
the Meccan society like Abu JahI, Abu Lahab, and Walid bin al-Mughirah and the
ideological struggle of addressing the practices of cheating in the scales, burying the
daughters alive, worshipping idols, etc. Consequently, carrying the Islamic Dawah today
cannot be done but with this same prototype in mind.
Unfortunately, many movements are trying to patch and mend the illegal Kufr regimes
that are ruling over them, and others have joined the cabinets of these regimes, or have
participated in the system. These actions are invalid since the actions of the Messenger
(saaw) in explaining the Dawah are the only actions that are binding on the Muslims,
based on the principle that if the rule is an obligation, then the explanation of the rule is
also an obligation.
B. The actions of the Prophet (saaw), which fall under the category of
Mandub or Nafilah.
Examples of such actions are fasting 6 days during the month of Shawwal, making
special Dhikr on occasions, and praying Sunnah Salat.
Following the Uswah (example) of the Messenger (saaw) means to perform the action in
the same way he (saaw) performed it. So, if he (saaw) did an action as Mandub then we
must follow him (saaw) in doing that action as Mandub. If the action is done as a Fard,
then the emulation of that action has to be done as a Fard.
We cannot switch and do any action that he (saaw) did as a Fard and make it into a
Sunnah, and conversely, we cannot change a Sunnah to a Fard. There are, however,
some who feel that actions falling under this category are Fard (mandatory). This opinion
is arrived at without a deep and comprehensive study of all of the evidences and Daleel.
C. The actions of the Prophet (saaw) which fall under the category of Mubah.
Since these actions are permissible, they result in neither attaining the pleasure nor
displeasure of Allah (swt).
An example of such an action is the time duration of ten years for the treaty of
Hudaibyah. The ten years is not a fixed or set limit for treaties to be signed by the
Khalifah. Consequenstly, it is Mubah for the Khalifah to sign a treaty for five or fifteen
years. Another example is digging the ditch in the Battle of the Ditch. This tactic was Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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used to defend Medinah. So today, digging the ditch does not have to be done.
4.2 Basic Terms in Hadith:
The report of Hadith Qudsi can begin in one of two ways:
a. The Prophet (saaw) says reporting from Allah (swt)...
b. Allah (swt) has said as reported by his Messenger (saaw)...
4.2.1 Types of Hadith
Different types of Ahadith exist due to the method of transmission, number of reporters in
each class, and the authenticity of the Hadith.
Mutawatir/Tawatur: a Daleel transmitted by an in-definite number of people. Due to the
large number of people reporting the Daleel and their diversity of residence, reliability, Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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and conviction, it is inconceivable that this Daleel could be fabricated.
The minimum number of transmitters which are required to classify a Daleel as Mutawatir
is generally five. However, some scholars may have a more stringent criteria. The
character of the reporters narrating Mutawatir Ahadith has to be noble.
Ahad: Riwayah Ahad is a number less than the Mutawatir.
Mashoor: A Hadith reported by at least three individuals in every class (Sahabah,
Tabi’een, etc.)
Aziz: A Hadith reported by at least two individuals in every class.
Gharib: A Hadith reported by only one individual in one or more classes
Sahih:
A Hadith narrated by an Adl (not known for misconduct) and Dabeth (maintains accuracy
of the report) person from another person of similar qualities until the end of the report.
The report should also exclude any Shuthuth (disagreement with other credible
reporters).
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Hasan:
Has two definitions:
1) A Hadith which meets the requirements of Sahih to a lesser degree.
2) A Hadith which is acceptable by the majority of the Fuqaha.
Dai’f:
A Hadith not meeting the requirement of either the Sahih or the Hasan Hadith. It can be
one of the following:
Mualaq:
A Hadith which is missing one or more reporters either at the beginning of the Isnad, in
the middle or in the end.
Mu’addal:
A Hadith which is missing two or more consecutive reporters.
Munqati:
A Hadith which has interruption in the class.
Ash-Shaath:
A Hadith in which one credible reporter reports something that disagrees with other
credible reporters.
Muallal:
A Hadith whose Sanad seems to be fine, but due to some reasons discovered by
scholars, it is discredited.
Munkar:
A Hadith in which uncredible reporters convey a message which is in disagreement with
what was reported by credible report-ers.
Mawd’u:
A fabricated Hadith.
4.3 Reconciling a Perceived Conflict Between two or more Ahadith
Some have raised the point that there often appears to be two conflicting Ahadith on an
issue. As a result, they have reached to the conclusion that we have to reject both of
these seemingly conflicting Ahadith and others have even declared that the entire
Sunnah must be rejected. Both of these approaches are completely wrong and absurd.
However, one may wonder what should be done if there seems to be a conflict between
two Ahadith?
Firstly, there can be no conflict whatsoever between the sayings and/or actions of the
Messenger (saaw), except in cases of abrogation. The Messenger (saaw) said:
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‘I used to prohibit you from visiting the graveyards, now go and visit them’
(Muslim, Abu Daoud, An-Nisai and Al-Hakim).
In this Hadith the Prophet (saaw) used to prohibit Muslims from visiting the graveyards,
however this rule is abrogated by the last phrase of the Hadith.
The rejection of the Sunnah cannot be claimed due to the cases of abrogation because
the concept of abrogation is part of Islam. Also, in cases where abrogation occurs in the
Quran, the Ayah is not abrogated, rather the rule which is extracted from the Ayah is
abrogated. Consequently, one cannot delete an Ayah from the Quran because its rule is
abrogated.
Secondly, sometimes the Sahabah (faa) reported a variety of actions by the Prophet
(saaw). For example there are reports that he (saaw) made Salat with his (saaw) hands
on his (saaw) chest, and others said his (saaw) hands were on the midsection. This
doesn’t indicate a conflict, rather, it illustrates that he (saaw) was seen doing both and
that either action is permissible during the Salat.
Thirdly, if there is a seeming conflict between the speech and action of the Messenger
(saaw), then this action is specifically for him (saaw), while the text or the statement is for
the Muslims. An example of this is that he (saaw) used to continously fast day and night,
while he (saaw) prohibited the Sahabah (raa) from this practice.
Examples of some Ahadith in which there seems to be a conflict.
Regarding seeking the help of non-Muslims, we find the following Ahadith:
In one situation Aisha (ra) reported that when the Prophet (saaw) was on his (saaw) way
to the battle of Badr, a very well known courogeous man joined him at a place called
Harratul Wabra. So the Sahabah (raa) were very pleased to see him. When the man saw
the Prophet (saaw), he said “ I have come to fight with you and to get a share of the war
booty. “So the Prophet (saaw) asked him, “do you believe in Allah (swt) and His Messen-
ger (saaw).” The man replied, “no .“ The Prophet (saaw) told him to return back since we
(the Muslims) do not seek help from the Mushriks. The Prophet (saaw) proceeded on his
way to Badr until he reached Al-Shajara. The man came again and told the Prophet
(saaw) what he had told him (saaw) earlier,The Prophet (saaw) asked him the same
question he (saaw) had asked the man before and then told him to return back since he
(saaw) does not seek help from the Mushriks. As a result, the man turned back. The man
joined the Prophet (saaw) again at Baida ‘ah. So the Prophet (saaw) asked him again ‘do
you believe in Allah (swt) and His Messenger (saaw).’ The man replied, ‘Yes.’ Then the
Prophet (saaw) told him to hurry up and go fight.” (Muslim & Ahmad)
In another occasion,” it is reported that the Prophet (saaw) was on his (saaw) way to the
battle of Uhud until he reached Thanniyatul Wada ‘a. Here, he (saaw) met a regiment
and asked, who are they? The Sahabah (raa) told him (saaw), they were from Banu
Qaynuqa ‘a, the faction of Abdullah Bin Salaani. So the Prophet (saaw) asked them, will
you become Muslims? They declined the offer, As a result, the Prophet (saaw) ordered
them to leave saying “we do not seek help from the Mushriks.” Thus, they became
Muslims. “(Al Baihaqi).
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In other situations, the Messenger (saaw) sought the help of a Jewish individual of
Khayhar and even allowed a Mushrik to fight with him (saaw). These Ahadith were used
to justify the presence of the American troops in Saudi Arabia during the Gulf war.
However, they have been mis-quoted and misused. By scrutinizing these Ahadith, one
can see that the Messenger of Allah (saaw) used to sometimes allow only non-Muslims
to fight with him (saaw) as individuals. While, he (saaw) refused the help of non-Muslim
groups or institutions under their own banner. If a group comes to fight under their own
banner, such as under the American flag, their assistance cannot be accepted by
Muslims.
Muammar Qaddafi exploits the idea of contradiction in the Hadith to reject the entire
Sunnah. He claims that Ali bin Abi Talib (ra) was told by the Messenger of Allah (saaw)
that he (ra) would be one of the people of Paradise.
He also uses another Hadith that says that if two Muslims meet each other with swords
drawn, then both of them are in the fire. Since Ali (ra) met Mu’awiyyah in battle, Qaddafi
argues, this Hadith would apply to Ali (ra) and thereby contradict the glad tidings given to
Ali (ra) about being from the people of the Paradise. Based on this supposed
contradiction, Qaddafi rejected the entire Sunnah.
In fact, Qaddafi took this second Hadith out of context. The second Hadith is talking
about two groups fighting out of Fitnah or Kufr, such as fighting for the sake of
nationalism. While, Ali (ra) was fighting for Islam. The Quran tells us that if two groups
are fighting, then make peace between them, and if one group continues to overstep the
bounds, then it orders all parties to band together to deal with the rebel group.
Since Ali (ra) was the legitimate Khalifah and Mu’awiyyah (ra) rebelled, Ali (ra) negotiated
with Mu’awiyyah (ra) and then fought him to stop the rebellion. Ali (ra) was acting on a
Hukm Sharii and this cannot be viewed by anyone as an act that put Ali (ra) in the fire.
Consequently, there is absolutely no contradiction in these two Ahadith. There is no
contradiction or conflict between any two Hadith except in cases of abrogation, in which
the ruling from the latest Hadith is taken Studies in Usul ul fiqh - Iyad hilal. Edited for web by The Islamic Truth Group.
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5.0 RELATIONSHIP BETWEEN QURAN AND SUNNAH
Allah (swt) says in the Quran;
“He who obeys the Messenger has obeyed Allah.” (An- Nlsaa: 80)
“And Know, by your Lord, they would never believe until they refer to you
in the issues and disputes that are between them” (An-Nlsaa: 65)
He does not speak of his own desires and whims, Indeed he Is
inspired by Wahy (revelation). (An-Najm: 3)
What the Messenger has given you then take It, and what he prohibits
then abstain from it. (Al-Hashr: 7)
“And We have revealed to you (0 Muhammad) the Dhikr, for you to
explain It to the people.” (An-NahI: 44)
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“Say(O Muhammad): If you love Allah then follow me, and Allah
will love you.” (Al-Imran: 31)
The Messenger of Allah (saaw) said:
“One of you who while reclining on his chiar is quoted a Hadith from me,
and he says to the person who quoted the hadith, ‘we have the book
of Allah (Quran), so what we find in it from what is halal we will take
it as Halal, and what we find in it that is Haram, we will treat it as
Haram.” [ The Prophet (saaw) continued…] But whatever the
Messenger of Allah has made Haram, it is like the thing which
Allah has made Haram.”
“One of you who while reclining says. ‘this is the book of
Allah (Quran). what is in it from that whch is halal, we will
use it as Halal, and what is in it from the Haram,
we wiIl take as Haram.’ But whoever delivers from
me a Hadith and he lies in it, he has told a lie on Allah
and his Messenger...” (Both of the above mentioned
Ahadith are reported in many sayings by Abu
Daoud, Ahmad and many others.)
These Ayah and Hadith establish without any doubt that both the Quran and Sunnah are
from Allah (swt) and consequently both are sources for legislation. The Sunnah is a very
fundamental element in Islam and knowing the Sunnah is a prerequisite for
understanding and applying the Quran.
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5.1 The Application of Sunnah
The Sunnah can be applied in five ways:
A. Sunnah can explain a word, which is not explained in the Quran
For example, the Quran says: “Establish the Salat (AI-Baqarah: 43)
The Quran does not explain or provide any details regarding the term, “establish the
Salah.” However, the Sunnah explains the details pertaining to the term “Establish the
Salat.” The Messenger of Allah (saaw) says:
“pray as you see me praying.”
The Messenger (saaw) used to observe people pray and would correct them in the areas
of the Salat where they made mistakes. The issue of explanation and clarification also
extends to the rules of the Hajj, Zakah, Jihad, and others. In summary, the Quran may
mention a term without providing any details, but Sunnah plays the role of explaining
these terms.
B. Quran mentions a general term which could be applied to any person, while the
Sunnah further specifies the term and forms another rule.
For example, the Quran says:
“The man and woman who commit Zinaa, flog each of them with
one hundred lashes.” (An.Nur: 2)
This rule can be applied to any male or female who is found guilty of Zinaa. However, the
Messenger (saaw) stoned married men and women who committed Zinaa. Thus, in this
case, he (saaw) singled out the married man and woman and gave them the rule of
stoning to death for Zinaa.
C rule may be mentioned in the Qur’an without any restrictions, but the Sunnah
places restrictions on the rule.
For example, the Quran says:
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“The male and female thief cut their hands.” (al-Ma’ida: 38)
There is no restriction placed on the rule in the Ayah, which simply states that anyone
found guilty of stealing should have his/her hand cut. However, the Sunnah places
certain restrictions on the application of this punishment. Some of which are that the
stolen property must equal a Nisah, which amounts to one quarter of a Dinar in gold.
Also, the property/wealth must be stolen from a place where such property/wealth is
usally kept.
It has to be kept under average protection, which is relievent to the people and te
property itself. For example, if the jewerly is left in the open instead of locked up place,
then the one who steals it will have his/her hand cut off, even though the action is still
Haram. Another example is if the sheep or horses are not kept in a barn or stable, then
stealing will not call for the implimentation of Hadd, even though stealing them is Haram.
D. An original rule in the quran, which is explained, has no restriction nor
exceptions, but the Sunnah adds new items to the original rule.
“Forbidden to you is your mothers, daughters, paternal
and maternal aunte, nieces, foster mothers and sisters,
mothers-in-law and step daughter…” (An-Nisaa:23).
“No woman can be married to a man who is already married to
her sister or her maternal/paternal aunt.” (Muslim & Bukhari)
Men are also prohibited from marrying the women who breastfed them. Thus, the
Sunnah adds extra items to the Quranic rule.
E. A rule originating from the Sunnah and not the Qur’an.
For example the Messenger (saaw) said:
“People share in 3 things. The water, the graze (kala), and the
fire (inc. power resources).” [Abu Daoud].
The Hadith establishes rules related to public ownership of the natural resources in the
Islamic State. The topic of public ownership in the State was never explicitly addressed in
the Qur’an. 36
6.0 RELATIONSHIP BETWEEN QURAN AND SUNNAH
As defined earlier, Hukm Sharii are the rulings of Allah (swt) addressing our actions.
These rulings are derived from certain sources. The sources which are used to extract
rulings have to be based on Adilla Qataiya (Decisive evidences).
As an example, to have Ijma as Sahabah (Consensus of the Companions) as a source to
extract laws, the concept of Ijma as Sahabah must be based upon Qatai Daleel. Thus,
even though not all the laws extracted from Ijma as Sahabah have to be Qatai, the
concept itself must be.
The four sources of Hukm Sharii, Quran, Sunnah, Ijma as Sahabah, and Qiyas will be
discussed respectively. These sources are agreed upon by the majority of the scholars.
This will be followed by a brief summary of the disputed sources.
6.1 Quran
Muslims follow Prophet Mohammed (saaw) based on his Prophethood. The belief in the
Prophethood means following the Message which the Prophet (saaw) brings. Using
Quran to extract rulings indicates adherence to the Message. There are many Ayah in
the Quran which state that the Quran is a source of ruling, guidance and knowledge.
We have sent down to you the book in truth, that you
may rule between men, as guided by Allah, so
be not (used) as an advocate by those who
betray their trust.’ [An-NIsa: 105]
6.2 Sunnah
The Quran explicitly states that Sunnah is a source for Hukm Sharii.
“It is not for any beliving man or woman, when Allah and HIs Messenger have decided a
matter, to have any choice for themselves in their affaIrs. For whoever rebels aqalnst
Allah and His Messenger has gone astray into manifest error. [Al. Ahzab: 36] 37
“Whatever the Messenger gives you, take it and whatever he forbIds
you of, abstaIn from It;...” [Al Hashr: 36]
Furthermore, there are many Ahadith which state that it is obligatory for us to follow the
Prophet (saaw) as a source for rulings.
Abdul - Aziz reported from Amr bin Amr - the freed slave of Al Mutallib bin Hantab that
the Messenger of Allah (saaw) said:
I have left nothing concerning which Allah has given you an order without giving you that
order; nor have I neglected anything concerning that which He has permited without
giving you that prohibition. (Imam Shafii’s Kitab UI-Urn)
Thus, Sunnah is a legislative source along with the Quran, and the Quran cannot be
understood without the application of Sunnah.
6.3 Ijma
Ijma is the verbal noun of the Arabic word Ajmaa, which has two mean-ings: 1) to
determine 2) to agree upon something. There are many types of Ijma discussed in the
books of Usul al Fiqh. Some of these being, Ijma al Ummah, Ijma al Mujtahideen, Ijma
ahiel Bayet, Ijma al Madinah and ljma as Sahabah.
6.3.1 Ijma al Ummah
In the past and present, some Ulema have taken ljma al Ummah as a legislative source
and it has been defined as the agreement of the Ummah of Muhammad (saaw) on a
matter at anytime, past, present, or future. The one Ayah which is most frequently quoted
in support of Ijma al Ummah is in Surah al - Nisa :115
“And anyone who splits off from the Messenger after
the guidance has become clear to him and follows a way
other than the belIevers, We shall leave him in the path he
has chosen and land him In hell - What an evil refuge.”
(An-Nisaa: 115) 38
Some of the Ulema observe that “the way of the believers” in this Ayah refers to their
agreement and the way that they have chosen, in other words, their ljma. Adherence to
the way of the community is thus binding and departure from it is forbidden. Others have
stated that even if the Ayah constitutes an irrefutable proof, it does not have a Qatai (con-
clusive) meaning.
Secondly, this Ayah refers to the Oneness of Allah and the Prophethood of Muhammad
(saaw). And “Following a path other than that of the believers,” means abandoning
Islam. The Ayah was revealed on the occasion of a Muslim who turned away from Islam.
Thus, the Ayah is not general. Due to these points, utilizing this Ayah as a Daleel for Ijma
al Ummah is invalid.
The Ahadith which are most frequently quoted in support of Ijma al Ummah are:
1.
My Ummah shall never agree on a Dalalah. (lbn Maja)
2.
My Ummah shall never agree upon al Khata (mistake).
3.
Allah will not let my Ummah agree upon Dalalah (astray). (Ibn Maja)
4.
I beseeched Allah Almighty not to bring my Ummah to the point of
agreeing on Dalalali (astray) and He granted me this. (Ibn Maja)
5.
A group of my Ummah shall continue to remain on the right path.
They will be the dominant force and will not be harmed by the
opposition of dissenters. (lbn Maja)
A source for legislative rulings has to be based on a Qatai Daleel. These Ahadith are
Adila Thanniya (Conjectural evidences). Secondly, these Ahadith cover different topics,
first of which is that the Ummah does not agree upon Dhalalah, which means returning 39
back from Islam. In fact, these Ahadith justify that the Muslim Ummah, as a whole, will
not revert to Kufr. Furthermore, the Ahadith which mention “Khata” (mistake) are weak
Ahadith.
Also, if the above mentioned Hadith are taken as a source to justify the honesty of the
Ummah as a whole, these Hadith contradict other Hadith in which the Prophet (saaw)
criticized future generations. As an example, Umran ibnu Haydh reported the Prophet
(saaw) as saying:
“The best of my Ummah are those who lived in my lifetime then
those who lived alter them and those who lived after them.
Then will come a time when people will fabricate stories or
tales without evidence and will cheat and not be trustworthy
nor be faithful and they will appear obese.”
This is reported in many forms by many scholars such as Bukhari and Ahmad Bin
Hanbal. In another saying, the Prophet (saaw) said:
“Lying will become a common practice. the beliver will be called unbeliever and people
will give false testimonies and will testify before being asked and some people will
become like wolves.” (Tirmidi, Ibn Maja and Ahmad)
All these sayings contradict the previous sayings if they are taken to prove ljma al
Ummah, because Ijma al Ummah assumes that the Ummah will always agree on good,
whereas, these Ahadith indicate that some parts of the Ummah will go astray. There
cannot be contradiction in the revelation. Thus, Ijma al Ummah can have no value as a
source for Hukm Sharii.
6.3.2 Ijma al Mujtahideen
Ijma al Mujtahideen is defined as a unanimous agreement of the Mujtahideen (those who
exert their efforts to extract the ahkam (rules)) of the Muslim community of any period
following the death of the Prophet (saaw). The proponents of Ijma al Mujtahideen have
used the same Daleel, which is used for Ijma al Ummah. Thus the same arguments
would apply to Ijma al Mujtahideen.
40
6.3.3 Ijma ahlel Bayt
Some Ulema have confined Ijma to the household of Prophet Muhammad (saaw). In
support of their argument, they refer to the following evidence:
“O Wives of the Prophet (saaw) .... Allah wishes to cleanse the people of the
House (of Prophet (saaw)) of Impurities (ar-rijls).” (Al Ahzab : 32-33)
The proponents of this type of Ijma have said that when this Ayah was revealed the
Messenger (saaw) took his cloak and covered Imam Ali (ra), Hussein, Hasan and
Fatimah (May Allah be pleased with them) and said:
“These are my House:”
Also, the Ulema have backed their argument from the Sunnah with this saying of the
Prophet (saaw):
“I am leaving amongst you two valuable things (al-thaqalayn), the book of Allah and my
(Utra) family. If you abided by them you will never go astray. In another narration, Fear
Allah when dealing with my family (repeated three times).” (Tirmidi & Ahmad).
Thus, the claim is made that Allah (swt) has lifted ar-Rijis from the family of the Prophet
(saaw) and that ar-Rijis means mistake. According to their argument, Ahlel Bayt are in
fallible, and thus, their Ijma is a legitimate source of Shariah.
In response to the Ayah in Surah al-Ahzab, the meaning is not Qatai (decisive). Also, this
Ayah was revealed in regards to the wives of the Prophet (saaw) as well. It is not
exclusive to Fatima (raa), Ali (ra) and their sons (ra). Does this mean that all his (saaw)
wives were infallible?
41
Based on this argument, they should be. Also, the word “ar-Rijis” mentioned in the Ayah
means the lifting of suspicion or dishonesty and not mistake. The word Rijis has been
mentioned in many Ayahs under the meaning of moral impurities such as:
“Thus Allah lays rijs (shame) upon those who believe not“
(Al-Anam: 125)
“It Is not for any soul to believe except by the permissIon
of Allah. He has set Rijs (uncleaness) upon those who
have no sense.” (Yusuf. 100)
Rijis, in these and many other places in the Quranic text, denotes moral impurities.
Removing the Rijis does not in any way mean that they are infallible.
As for the Hadith, which narrated that the Prophet (saaw) covered, with his (saaw) cloak,
Imam Ali, Fatimah, Hussain and Hasan (raa), and then said, these are my family, it is by
no means an indication that Ahlel Bayt is solely limited to them. The word family in the
Ayah in Surah Ahzab means the wives of the Prophet (saaw) as well.
This has been backed by a Hadith of Al-Thaqalayn narrated by Zaid Bin Arqam. For
clarification of this Hadith, Hussein (ra) said to Zaid(ra):
“O Zaid who are his (saaw) family? Are they not his (saaw) wives?”
He said,
“Yes his (saaw) wives are his (saaw) family, but his (saaw) family are those who have
been excluded from accepting Sadaqah (charity).”
So he inquired, “Who are they?” - Zaid said, “they are the family of Ali the family of Aqil,
the family of Jaafe, “Hussain then asked, “have all these people been excluded from
accepting Sadaqah?” And he replied, “yes.”
All of this confirms that the mentioned Ayah cannot be taken as an evidence that the
consensus of ahlel bayt and their infallibility is justified. This means that Ahlel Bayt is not
restricted to Fatima, Ali (ra) and their sons only (may Allah (swt) be pleased with all of
them).
42
6.3.4 Ijma ahlel Medinah
The Ulema who subscribe to this type of Ijma have restricted it to the people of Medinah.
They base their opinion on the Hadith of the Prophet (saaw):
“The Medinah city cleanses all filth (Khabath)’ (Bukhari & Muslim).
The Ulema also claim that Khabath means mistakes and in this case the Hadith would
also indicate that its people are free from mistakes. Since the people are free from
mistakes, it follows that their Ijma is considered valid.
The complete text of the Hadith is mentioned in Bukhari and Muslim. It relates that a
bedouin gave the pledge of Islam to the Prophet (saaw), he then became sick and said: 0
Prophet, (saaw) free me from the allegiance I gave to you. The Prophet (saaw) rejected.
The man then asked again and the Prophet (saaw) again rejected, so he left the Prophet
(saaw) and became well. The Prophet (saaw) said:
“The city of Medinah is like the bellows (an
instruement used by a blacksmith for blowing
air into the fire to make the fire burn quickly). It
deanses its filth (Khabath) and its goodness will
shine.” (Bukhari, Muslim & Ahmad Bin Hanbal)
Any mistake in Ijtihad cannot be considered as Khabath (filth) because there is no reward
in this.
Khabath (filth) has been forbidden by the Prophet (saaw). In the following sayings of the
Prophet (saaw):
“The price (money obtained from selling) of a
dog is Khabaith (filth)’ (Muslim).
“The dowry (money taken for Zina) of a whore
or prostitute is Khabaith (filthy).”
(Bukhari & Muslim).
“Alcohol is the mother of all Khabaith (filth).”
(An Nisai).
43
However, the Mujtahid would be rewarded even if he erred and made an error. For the
Prophet (saaw) said
“My Ummah is not responsible for three things:
mistakes, forgetfulness, and whatever is done under
duress” (Ibn Maja)
So, Khabath cannot be considered as an error and Ijma ahlel Medinah cannot be taken
as infallible. Furthermore, the Hadith used to justify Ijma ahlel Medinah is not Qatai.
6.3.5 Ijma as Sahabah
If the Sahabah (raa) after the death of the Prophet (saaw) were to agree unanimously
upon a solution to a problem without any dissent amongst each other, in the absence of a
ruling from the Quran and Sunnah, then this agreement is considered to be a Daleel.
This agreement must have been based upon some teaching of Muhammad (saaw) of
which they all knew, but which did not reach us directly in the form of Hadith. Therefore,
Ijma as Sahabah is an indication of Sunnah itself.
An example of Ijma as Sahabah is the priority which must be given to the appointment of
a Khalifah for Muslims. The Sunnah of the Prophet (saaw) in forms us that the dead must
be buried quickly and it is forbidden for those responsible for the burial to delay the burial
on account of other things. Yet when the Prophet (saaw) died, the companions delayed
his (saaw) burial until after they had selected a Khalifah from among themselves.
Before the burial arrangements were completed, the Sahabah (raa) had gathered in the
place of Banu Saida and proceeded to select the Khalifah. After discussion of the matter,
all agreed to give Bay’a (oath of allegiance) to Ahu Bakr (ra), after which they buried the
Prophet (saaw). None of them objected to the delay of the burial. The unanimous agree-
ment of the Sahabah (raa) regarding this action is a Daleel for us about the importance of
appointing the Khalifah for Muslims, even more vital than the burial of the Prophet (saaw)
himself.
6.3.6 Daleel Indicating the Authority of Ijma as Sahabah
The Sahabah (raa) were the group who had the best access to the revelation and were
most mindful of holding fast to the revelation in their actions. Their ljma is a proof for the
following two reasons: First, Allah (swt) in the following Ayah praises them as a
community, not just as individuals. 44
“The Vanguard (of Islam)- the first of those who
forsook (their homes) and those who gave them aid
(the Muhajireen and the Ansar) and also those who
follow them in good deeds, Allah is well pleased
with them and they with Allah. And Allah has made
ready with them gardens underneath which rivers
flow and that will be their abode forever eternally,
this their supreme triumph.’ (At - Taubah: 100)
This compliment is given to the Sahabah (Muhajireen & Ansar) for the sole reason of
having been the Sahabah (raa). However, the compliment for others is due to the fact
that they followed the footsteps of the Sahabah (raa). This means that the original
compliment is for the Sahabah (raa). The followers are not complimented but for
following the Sahabah (raa).
Therefore, it can be concluded that the meaning of the Ayah is confined to the Sahabah
(raa) only. Any group of people whom Allah (swt) complements in such a manner, the
truthfulness of what they agree on is affirmed.
Second, doubt in their trust-worthiness leads to doubt in Islam. The Sahabah (raa) were
the generation that transmitted the Quran and narrated the Ahadith. Our entire Deen has
been conveyed to us through the vehicle of this group. This group was the means by
which Allah (swt) chose the Quran to be compiled and preserved. Allah (swt) has
promised to preserve this scripture through them. Allah (swt) say’s,
“Falsehood cannot come at it (Quran) from before
it or from behind It. It is a revelatIon from the Wise,
the Owner of Praise.” (Fussilat: 42)
The important point to remember is that Ijma as Sahabah is not the personal opinions of
the Sahabah (raa) on any technical issue. Rather, it is their agreement on specific things
with regard to its rule in Islam, an agreement on a Sharii issue.
The Sahahah (raa) would not agree that a certain thing is Islamically permitted or
forbidden without knowing whether that action was approved or disapproved by the 45
Prophet (saaw). However, the Hadith in this regard is not narrated to us, instead its rule
is conveyed by the total agreement of the Sahabah (raa). The Ulema are in agreement
that Ijma as Sahabah is a binding proof.
6.3.7 Who is the Sahabi?
There are two definitions of the Sahabi:
1. A Muslim who saw the Prophet (saaw)
2. A Muslim who lived with the Prophet (saaw) for one or two years or participated
in one or two ghazwaat (military expeditions led by the Prophet (saaw)).
The latter definition was reported by Saed bin Musayeb (ra) and is stronger.
6.4 Qlyas
The linguistic meaning of Qiyas is measurement. As a juristic term Qiyas is the extension
of a Shah ruling from an original case to a new case because of the equivalence of the
causes underlying them (Iila). Example of Qiyas:
“0 you who have attained to faith ! When the
call to prayer is sounded on the day of
congregation (Friday), hasten to the
remembrance of Allah, and leave all worldly
commerce: this Is for your own good, If you
but knew it. And when the prayer is ended,
disperse freely on Earth and seek to obtain
Allah’s bounty; but remember Allah often, so
that you might attain to a happy state!’ (al
Jummah: 9-10)
The Ayah mentions that, when the call to prayer is given, one should disengage from all
worldly commerce. The Ayah doesn’t mention to stop such acts as eating, resting, or
anything else other than conducting business. The Ayah mentions that when the prayer
is over, disperse and seek Allah’s bounty. This means that there is a reason to leave the
commerce, being that if we do not, then we will be preoccupied and will forget the prayer.
The application of Qiyas for this example would be for any other activity besides
commerce. This is because the Iilah (missing the Jummah prayer) occurs due to these
activities as well. Therefore, working, playing, eating, etc. are prohibited in the time of
Juma’a because all of these activities prevent Muslims from performing the Juma’a
prayer. 46
6.4.1 Daleel indicating the authority of Qiyas
The Daleel is the Quran and Sunnah because Qiyas is being done on the basis of a Ayah
or Hadith. When a text mentions a reason for a rule, extending this rule to any other issue
having the same reason is considered another application for the text of the Ayah or
Hadith.
There are specific guidelines and requirements for Qiyas explained in the books of Usul
al Fiqh. One such guideline is that there should be no existing ruling from the Quran,
Sunnah, and Ijma as Sahabah for the new case.
Example:
Does a woman have to remove the nail polish before performing Wudhu?
Some people claim that she does not have to remove the nail polish in order to
do Wudhu, and they justify it by doing Qiyas on the performance of Mas-ah
(wiping over the socks).
Qiyas cannot be performed in this situation because the Ayah regarding Wudhu explicitly
orders to wash all parts of the hands, and polish prevents water from reaching the nails.
In the case of Masah (wiping over the socks), the text is not presented with an lila (legal
reason) and cannot be extended to other things. Thus, Qiyas can not be practiced in this
issue.
Some of the other requirements for Qiyas are that the original ruling has to be from
Quran, Sunnah, and Ijma as Sahabah, not from another Qiyas. In addition, the texts of
the Quran, Sunnah, and Ijma as Sahabah must contain the justification for the ruling. We
cannot use our AqI (intellect) to come up with a cause (lila).
47
7.0 SOURCES OF HUKM SHARII NOT AGREED
UPON BY ALL THE ULEMA
7.1 Istlhsan
Istihsan literally means to approve or to do something preferable. It is a derivation of
Hasuna which means being good or beautiful. As ajuristic term, Istihsan is defined as
shifting from one Qiyas to another Qiyas due to a reason or suspending a Qiyas for a
reason. A Mujtahid may take into consideration any of these options.
7.1.1 Types of Istihsan:
A. Istihsan by Qiyas - switching from a ruling of Qiyas to an other ruling of Qiyas
due to a stronger reason.
Example:
Imagine that Ahmad and Muhammad equally own a car. They sell their car to a
friend, Ali for £1000. Ali pays Muhammad £400 as a first payment. However,
before Muhammad could pay Ahmad his share, the money gets stolen. The
ruling from Qiyas in this situation is that both Ahmad and Muhammad have to
equally share the loss since they are partners
Example:
The ruling from Istihsan by Qiyas is that Muhammad should incur the loss and
not Ahmad. The reason is that Muhammad has the option initially to tell Ali to pay
Ahmad by himself. Thus, there is an assumption that Muhammad used this
privilege of collecting Ahmad’s share of the payment even though he had the
option not to.
B. Istihsan by necessity - shifting to another Qiyas due to necessity.
Example:
There is a service offered by a business such as a dry cleaning store, which is a
public service, and another service offered by an employee who is hired
exclusively by someone for a private service such as a computer operator. Both
parties are not liable for any unintentional damages, and this is a ruling from
Qiyas. The ruling from Istihsan due to necessity is that the dry cleaning store
should be liable since it is a public service but not the computer operator since he
is a private employee. The necessity is that if the business is not liable then the
employee hired for the public service may overload himself by taking up other
jobs and may not be able to handle the responsibility. 48
C. Istihsan by Sunnah - Canceling the Qiyas due to a contradiction caused by the
Hadith
Example:
The Prophet (saaw) said he who has Khuzaima as his witness it is enough for
him, meaning that the testimony of that person (Khuzaima) equals the testimony
of two people. While the ruling from Qiyas is to have two witnesses, the Qiyas is
canceled because this was a special situation for Khuzaima by the Prophet
(saaw).
D. Istihsan by Ijma as Sahabah - canceling a ruling from Qiyas due to a
contradiction caused by the Ijma as Sahabah
Example:
Paying a company to manufacture items such as chairs. The ruling from Qiyas is
that it is not allowed because the items under discussion (e.g. chairs) are not
present at the time of the contract. But the ruling from Qiyas is canceled due to
the Ijma as Sahabah.
The first two types of Istihsan have no valid Daleel for their application.
Technically, the third and fourth are not Istihsan; rather, they are ruling based on
a Daleel from Sunnah and Ijma as Sahabah.
The proponents of Istihsan use the following Ayah to validate Istihsan:
‘...And give glad tidings to those of My
servants who listen to the word and follow
the best of It. Those are the ones that Allah
has guided and endowed with understanding
.‘ (ai Zumar:18)
‘And follow the best of what has been sent down to you from
your Lord.’ (al Zumar:55) 49
These Ayahs do not authorize the use of Istihsan. Rather, the Ayah instructs us to follow
the best statements which were revealed, Quran. This is because the second part of the
Ayah describes those who do as the ones that Allah (swt) has guided.
Imam Shafii used to say ‘Those who practice Istihsan are the Sharii (legislator), and if
Istihsan is allowed in this Deen then it should be allowed for any intellectual person to
initiate laws for himself” [Al Risalla]
7.2 Maslaha at Mursalah
Literally, Maslaha means benefit or interest. As a juristic term Maslaha Mursalah refers to
accepting public interest in the absence of ruling regarding an issue from the Quran or
Sunnah.
7.2.1 Types of Maslaha al Mursalah
A. Maslalia canceled by the text - Maslaha (interest) which is canceled due to a
ruling from the text. All agree that this kind of Maslaha is invalid.
Example:
One of the Khalifahs had marital relations with his wife during the daytime in
Ramadhan. One of the Ulema advised the Khalifah to fast two consecutive
months as Kaffara. Another AIim asked this Alim how he issued this ruling when
the Khalifah first must free one slave, and if he could not, then feed 60 people,
and, if he cannot, then he should fast two consecutive months.
The Alim answered, that if he had ordered the first two punishments, then it
would have been easy for the Khalifah and he might have done the same act
again. This form of Maslaha is invalid because a ruling on the issue already
exists from Sunnah. The ruling is that if a person breaks his fast in Ramadhan by
having sexual intercourse with his wife, then he has to free a slave. If he can’t,
then feed 60 peopIe. If he can’t, then fast 60 days. This is based on a Hadith
reported by Bukhari, Muslim, Ibn Maja & Abu Daoud. This order cannot be
changed.
B. Maslaha approved by the Shanah - Benefit which the Shariah doesn’t forbid. As
an example, allowing people to trade. This trade is for the interest of the people
and Quran allowed us to conduct trade. All agree that this type is valid.
C. Adopting Maslaha (benefit) in an action for which there is no ruling from Quran
and Sunnah.
For example compiling the Quran or canceling the Hudd for stealing during
famine.
There is no debate amongst the Ulema on the first two types of Maslaha al 50
Mursalah. But there is disagreement regarding the third type of Maslaha. Some
have accepted it within specific requirements while others have rejected it
outright.
The Ulema who have accepted Maslaha al Mursalah give the following justifications:
A. Shariah, in general, came to satisfy the interests of the people in the correct
manner.
B. Sahabah (raa) agreed through Maslaha (interest) to compile the Quran without
having evidence either in the Quran or in the Sunnah to do so. This is among the
many examples claiming that the Sahaba (raa) compiled the Quran due to its
benefit but without a Daleel.
Regarding the first justification, it is true that the Shariah in general came for the interest
of the Ummah, but we cannot use this argument as an lila (cause) to justify every ruling.
All the rulings from Quran, Sunnah, ljma as Sahabah and Qiyas are there to satisfy our
needs. In addition, a Muslim obeys and implements the rules as obedience to Allah (swt)
and not because the rulings are easy, hard, or connected with Maslaha (benefit). So we
cannot use the benefit as a justification to legalize any action. There has to be an
evidence allowing such an action.
Regarding the second justification: By investigating all of these examples it will become
obvious that the Sahabah (raa) understood the evidences thoroughly. The rules of Usul
al Fiqh were not written at the time. The Sahabah (raa) used to extract rulings because of
their ability to understand both the language and text. We do not observe any actions by
them which did not have grounds from the text.
Regarding the compilation of the Quran, it was not done because of Maslaha. The
Sahabah (raa) understood that they had to do something to preserve the Quran and this
is in compliance with the Ayah:
‘Lo! We revealed the Reminder, and lo! we verily
are its Guardian.’ (Al-HaIr: 9)
In addition to the Ayah there is a Hadith asking Muslims to remove any harm or to avoid
causing any harm.
“There is no Harm or Harming” (Bukhari and Muslim), meaning
that harm is not allowed.
What can be a bigger harm than losing the Quran itself? What Uthman (ra) did by
burning different copies of the Quran and maintaining only one copy fits under the
command of the above mentioned Ayah and Hadith.
Regarding Umar’s (ra) canceling the Hudd for cutting the hand during famine, it is in
agreement with the requirement for cutting a person’s hand for stealing. One of the
requirements is that if the crime of theft happens during famine, then the Hudd is lifted. 51
So, Umar (ra) simply implemented the requirement. The Prophet (saaw) said,
“no cutting in famine.”
Also, the Prophet (saaw) instructed us not to apply the Hudd in case of doubt. Above all,
from the definition of Hukm Sharii, we should realize that it is the address of the Sharii,
Allah (swt). Furthermore, it is well established from the Quran that Allah (swt) has
perfected our Deen and chosen Islam as that Deen. This indicates that the Shariah is
perfect. The concept of Maslaha, however, implies that there are some issues without
rulings from Islam, and to fill this vacuum, we have to apply public interest. This concept
is not correct and therefore, this type of Maslaha is invalid.
7.3 Laws Revealed before Islam
All Shariah (rulings) and Messages of different Prophets (as) came from one source,
Allah (swt). The different Prophets (as) conveyed the same basic Message: Belief in the
Oneness of Allah and the need for guidance to regulate human conduct. In fact, each
Prophet (as) instructed his followers to believe in Prophet Muhammad (saaw) if they were
to live till his (saaw) time.
This is not to say that there is no difference between them. Each of the revealed
Messages were addressed to different nations at different points in time. They each have
their distinctive features, which set them apart from the rest. This is evident by different
Messages having different rulings.
‘For those who followed the Jewish Laws We
forbade Every (animal) with undivided hoof.
And we forbade them the fat of the ox and the
sheep, except what adheres to their backs or
their entrails or Is mixed up with a bone.’
(Al-An’am: 146)
‘We ordained therein for them, Life for life, eye
for eye, nose for nose, ear for ear, tooth for tooth
and wounds equal for equal.’ (Al-Malda: 45) 52
The rule to be stated here is that the Shariah that were revealed before Islam are not
applicable to the Muslims. Allah (swt) says:
‘To you we sent scripture in truth abrogating
(Musadiqun) the scripture that
came before it...’ (AI-Maida: 48)
The Ulema are in agreement that the Shariah of previous Messages are not to be sought.
The Shariah of Islam is the exclusive source of all laws for Muslims.
Allah (swt) says:
‘For everyone one of you we have ordaIned a
divine law and a methodology.’ (aI-Maid’a: 48)
Furthermore, it is well known that the Prophet (saaw) did not resort to either the Bible or
the Torah at any time. Once, the Prophet (saaw) saw Umar (ra) reading from the Torah
and he (saaw) stopped him.
Some people argue that taking a ruling position in Kufr systems is allowed based on the
life of Yusuf (as). This is not allowed because these incidents were before the revelation
of Islam and contradicts what our Prophet (saaw) did in Mecca.
Thus, it should be clear to us that, as Muslims, we follow only the Shariah brought to us
by Muhammad (saaw).
53
6.0 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. 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 Shariah.
A person who performs Ijtihad is a Mujtahid; whereas, a person who knows the rules of
Shariah in detail, but is unable to extract rules di-rectly from their sources, is not a
Mujtahid but rather a Faqih, Mufti, or a Qaadi.
The text of Quran and Sunnah which are Qatai (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.
The issues related to the Aqeedah are based on Adilla Qataiya (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 in regards to these matters and
anyone who differs from it is a Kafir.
8.1 Qualifications for performing ljtihad
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 Quran 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 Quran 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.
C. The Mujtahid also needs to be knowledgeable of the Quran, the Makki and the
Madini contents of the Quran, the occasion of their revelation (Asbab al Nuzul)
and must have a full grasp of the legal contents of the Quran, but not necessarily
of the narratives and parables of the Quran 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 (raa) related to the subject at hand. 54
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
exists. It is essential for a Mujtahid to be familiar with the Daleels of other
Mujtahideen, on a particular issue as well 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 doesn’t 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.
8.2 Types of Mujtahld
A. Mujtahid Mutlaq [absolute Mujtahid]
Founders of various schools of Islamic Fiqh such as Abu Hanifah, Shahfii,
Ahmad bin Hanbal, Malik, Jafar and others are considered Mujtahid Mutlaq.
These Mujtahideen set up their own Usul al Fiqh to extract the Ahkam (rules) and
are not restricted by others.
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 55
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 Imam Abu Hanifah.
C. Mujtahid in particular issues only.
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.
8.3 Reasons for differences of opinion among the Mujtahideen
The word Madhab means “school of Fiqh”. The following are some of the reasons for the
existence of Madhahib (schools of Fiqh):
8.3.1 Differences in the Legislative Sources
A. Criteria in evaluating the Sunnah
One Mujtahid may consider a certain Hadith authentic while others may not. This
is due to their differences in the criteria for judging the authenticity of the Hadith.
Example:
Ahadith regarding paying Zakah on women’s jewelry states that a woman came
to the Prophet (saaw) with her daughter and was wearing two bracelets on her
hand. The Prophet (saaw) asked her whether she paid Zakah on the jewelry. She
replied no. The Prophet (saaw) told her, that would you like it if Allah (swt) puts
bracelets of fire in your hand. This Hadith was reported by Amr bin Shuaib.
Some scholars consider this to be an authentic Hadith, while others consider it a
weak Hadith due to the weakness in the Isnad. The individual who said that there
is no Zakah on jewelry are Aisha, Imam Jabir, Ibn Umar, Imam Malik, Imam
Ahmad and Imam Shafii.
Furthermore, one Mujtahid may know of a Hadith while another may not. It is due
to this reason that the Mujtahideen used to say to their students, if you find a
Hadith after you lave me, and it contradicts what I have told you, throw away my
understanding and follow the Hadith.
Example
It is not permitted for a woman while she is menstruating to perform Tawaaf
(circling around the Ka’aba). Based on this, Umar (ra) used to forbid women from
completing the Hajj even if the menstruating started after leaving Arafat, which is 56
the most important part of the Hajj. When he (ra) was informed that the Prophet
(saaw) used to allow women to continue performing Hajj under similar situations,
Umar (ra) subsequently lifted the ban, and allowed the woman to complete her
Hajj.
B. Differences in the Sahabah’s (raa) opinions as individuals
Some scholars accepted the opinion of one Sahabi as a legislative source, while
others treated the Sahabah (raa) as Mujtahids whose individual opinions were not
legally binding.
C. Differences in the practice of Qiyas
Some scholars practiced Qiyas (see section 6.4) while others practiced Istihsan
(see section 7.1)
D. Differences in Ijma (Consensus of Opinion)
Some scholars used Ijma as-Sahabah, while others used Ijma Ahlil-Madinah
(People of Madinah), Ijma Al-Mujtahideen, and various other types of Ijma.
E. Differences in other legislative sources
Some Scholars used Maslaha Mursalah while others did not. This contributed to
more differences among the scholars.
8.3.2 Differences in interpreting the text itself
A. Literalists
Some scholars took the literal understanding of the text, meaning that they took
the text at its surface value, refusing to take deeper understandings. Some of
these scholars were called Zahiris, or those who took only the apparent
meanings of the texts.
B. Those who saw hidden meanings in the text
In addition to the apparent meaning, some Scholars took deeper and implicit
meanings in the texts.
8.3.3 Differences in Methodology of Usul-Fiqh
There were differences in interpreting the forms and types of commands. For example, in
the Hadith regarding the beard, there is a difference of opinion among the Scholars
regarding whether the Hadith indicates Fard, Mandub, or Mubah commands.
57
8.3.4 Differences in Understanding the Arabic Language
This may be due to a different understanding of the Arabic text where it offers more than
one meaning. As an example, Allah (swt) says in the Quran, in translation:
“The divorced woman should wait for a period
of three Quru’” (Al-Baqarah: 228)
Quru’ linguistically, could mean the beginning of the menstruation penod, and it could
also mean the beginning of the purity period. The difference between three Qurus from
the beginning of menstruation and three Quru’s from the beginning of the purity period is
about 7 to 15 days.
Some scholars say Quru’ means the purity period because of a Hadith in which the
Prophet (saaw) instructed a woman to wait for the purity period. Other Scholars say that
this Hadith is not authentic considered the Quran to mean the beginning of menstruation.
Besides all of this, one has to remember that the level of understanding of the text and
the depth of thinking varies from one individual to another. These differences are a
natural aspect of Allah’s creation and a mercy from Him (swt).
It is for these reasons that we have different scholars forming different Schools of Fiqh.
Some of these scholars had students who wrote their understanding of the text and these
writings were considered as their madhahib. These include Abu Hanifah, Malik, Shafii,
Ibn Hanbal, Jafar, and Zaid. Other scholars did not have the opportunity of having stu-
dents write their understanding of the text, and these include Laith, Al Awzaii, and others.
These examples illustrate that there have always been differences of opinion. The
Sahabah (raa), Tabeyin, and Tabe Tabeyin bear witness to this fact. The Mujtahidun
Mutlaq differed in their methodology, which led to the birth of different schools of Fiqh.
Although the Mujtahideen were most convinced by the Ijtihad they performed, they
nevertheless recognized the possibility that they could be wrong. Accordingly, the
Mujtahideen have stated that whatever is correct in their work is from Allah (swt) and the
errors are from them-selves.
However, just because a Mujtahid is wrong, it does not mean that he should be barred
from exercising Ijtihad. On the contrary, the Messenger of Allah (saaw) said,
“Whosoever does Ijtihad and errs therein shall have one reward.
And whosoever performs Ijtihad and is correct shall have
a double reward.” (Bukhari & Muslim)
There is also a severe punishment for those who do Ijtihad without being qualified to do
so, even if they are right. Allah (swt) says:
58
“... pursue not that about which you have no knowledge;
for surely the hearinq, the sIght, the heart, all of those will be
called to account (on the day of judgement.)” (al - lsra: 36)
One should not consider another opinion as being unlslamic simply because it is different
from the opinion that he has adopted. Instead, respect must be given to other opinions on
the one condition that they are bascd,on Islamic evidences. There is no need to respect
opinions which are not based upon a Daleel because there is no place in Islam for
these opinions.
Therefore, it is necessary for every scholar to produce his Daleel in support of an opinion.
This is to instill confidence in Muslims that his opinion is Islamic. Opinions given
without evidence are baseless and should be rejected.
This view towards other Islamic opinions will ensure the correct Islamic attitude.
However, this measure alone will not provide the total answer to the problems we face
today, especially to the problems of unifying Muslims on certain key issues. There will be
many different opinions as to what the Hukm Sharii is. In many instances this will not be
a problem. However, one can imagine where it is necessary for the Ummah to be united
under one opinion; e.g. sighting the moon, electing the Khalifah, etc.
Ijma as Sahabah has established that the Khalifah has the authority to adopt certain rules
and to enact them. The Sharii principle states:
“The Imam’s decree settles the disagreement”, and
“The Imam’s decree is executed openly and privately?’
All Muslims including the Mujtahideen, have to follow the opinion adopted by the
Khalifah, but, they can maintain their opinion and teach it, while their obedience should
be to the opinion that the Khalifah adopts.
An example of this is the adoption of an opinion in the distribution of funds by Abu Bakr
(ra) and Umar (ra). When Abu Bakr (ra) was the Khalifah, he paid equal grants to all the
Sahabah (raa). He (ra) did not distinguish between the early Muslims and the new
Muslims.
When the Islamic State started receiving larger funds through the liberation of various
lands, Abu Bakr (ra)continued to distribute the wealth equally. Umar (ra) and some of the
Sahabah (raa) insisted that the earliest Muslims should be given preference over the
later converts. 59
Abu Bakr (ra) told him that he was aware of the differences that Umar (ra) had
mentioned; however, his opinion was that distributing the funds equally was better in the
sight of Allah (swt) than the principle of preference.
When Umar (ra) became Khalifah, he replaced Abu Bakr’s (ra) adoption of equality with
his principle of preference. Umar (ra) did not like to pay the same amount to those who
fought against the Prophet (saaw) and those who fought with him. Accordingly, he gave a
larger amount to the early Sahabah(raa) who fought in Badr and Uhud and the relatives
of the Prophet (saaw).
Thus, when Abu Bakr (ra) was the Khalifah, Umar (ra) left his understanding and enacted
the decree of Abu Bakr (ra), as did the judges, governors, and all Muslims. However,
when Umar (ra) became the Khalifah, he obliged the enactment of his opinion and it was
implemented by the others.
Different opinions should not be viewed as a weakness or a source of disunity. As we
have seen, Muslims have had varying opinions in many issues since the time of the
Messenger of Allah (saaw), as is mentioned in the Hadith of Banu Quraydhah. As long as
the opinion is based on an Islamic evidence, and this opinion does not contradict an
assured law, it should be respected as an Islamic opinion.
Finally, the way to achieve Islamic unity is not by suppressing different opinions and
calling for the abandonment of madhahib. Rather, it is achieved by Muslims living under
the ideological leadership of Islam where the Khalifah makes the decision of which
opinion to adopt in key issues.
60
9.0 A BRIEF OVERVIEW OF SOME SCHOOLS OF THOUGHT
In order to conduct a comprehensive study in this issue, we need to first look at the status of
Fiqh during the time of the Prophet (saaw), the era of the Sahabah (raa), and the era of the
generations that followed them, better known as the Tabi’een and the Tabi’ Tabi’een.
9.1 Era of the Prophet (saaw)
The Prophet (saaw) received the revelation from Allah (swt) and delivered it to all people.
The Muslims who used to live close to him (saaw) were the Sahabah (raa). When the
Prophet(saaw) migrated to Madinah they went along with him. The Muslims of Mecca
were the Muhajirun and the Muslims of Madinah were the Ansar. He (saaw) received the
Message from Allah (swt) and was ordered to convey it. Allah (swt) says in the Quran:
“O Messenger, deliver the Message that was sent down to you
from your Rabb, and if you did not do it, you did not
convey His Messaqe...~ (Al-Ma’ida: 67)
‘And We sent down to you the Zikr (the Quran), so that you would
explain to mankind, that which was snt down to them’ (An.Nahi: 44)
With these Ayah in mind, there are certain points that need to be men-toned:
1. No one would give a Fatwa in the presence of the Prophet, since they knew that
he (saaw) was the authority.
2. Sometimes the Prophet would give the Sahabah (raa) an instruction, and the
Sahabah (raa) would understand that instruction in two different ways. Moreover,
the Prophet (saaw) would approve both groups in following their understandings.
For example, the Prophet (saaw) gave the following instruction:
61
1. “He who believes in Allah and the Day of Judgment should not pray Salatul-
Asr, except in Banu Quraydah” (Bukhari)
2. One group of the Sahabah (raa) took the order at face value and journeyed to
the area where Bani Quraydah resided, where they prayed Salatu-Asr. The
second group however, thought about the order and evaluated that the intent
of the order of the Prophet (saaw) was for them to hasten to the area of Bani
Quraydah. So they prayed SalatulAsr, and then rushed to Bani Quraydah.
Both groups of the Sahabah (raa) discussed their different understandings of
the same order of the Prophet (saaw), and referred it back to him(saaw). The
Prophet (saaw) approved both understandings. It is important to note that the
differences did not occur due to an ambiguity in the order, rather it occurred
due to the ability of Arabic language to convey various meanings and
understandings.
3. If the Sahabah (raa) were traveling, without the Prophet (saaw), they used to
conduct Ijtihad, and then refer back to the Prophet (saaw) when they returned.
For example, one Sahabi (ra) was wounded and was in a state where he
needed to perform Ghusl before he could make Salat. He inquired from the
Sahabah (raa) whether he could do the Tayamum in place of Ghusl (usually
Tayamum replaces the Wudu). He was told that he could not make Tayamum
and so he performed Ghusl and died. When the Prophet (saaw) heard about
this occurrence he (saaw) said,
“They killed him..?’
Then he (saaw) said:
“Shouldn’t they ask if they don’t know...” (Abu Daoud)
In another example, when Mu’ath ibn Jabl (ra) was being sent as a Wali to Yemen, he
was asked by the Prophet (saaw) “With what will you judge?” He replied “The Quran,
then the Sunnah, then by my Ijtihad.” This Ahadith is considered to be Hasan by most
scholars of Usul-al-Fiqh, while some scholars of Hadith do not consider it Hasan.
The preceding points illustrate that the Quran and the Sunnah were the only acceptable
reference points for the Sahabah (raa), and that they would refer back to the Prophet
(saaw) in cases of uncertainty.
9.2 Era of the Sahabah (raa)
After the death of the Prophet (saaw), the Muslims selected Abu Bakr (ra) as the
Khalifah. One of the first issues he faced was a confusion on the part of Fatimah (ra),
daughter of the Prophet (saaw), on inheriting a piece of land which the Prophet (saaw)
owned. Abu Bakr (ra) quoted the following Hadith which resolved the matter,
62
“We (Prophet’s) do not leave things for inheritance.
Whatever we leave is charity.”(Bukhari & Muslim).
She (ra) then suggested to Abu Bakr (ra), to let her (ra) supervise the property and to
distribute it the way the Prophet (saaw) used to do. Abu Bakr (ra) refused saying:
“I am not going to quit doing anything the
Messenger (saaw) used to do.” (Bukhari).
In another narration, Abu Bakr (ra) said,
“I am in charge after the Messenger (saaw).”
Thus, Abu Bakr (ra) pointed out to Fatima (ra) that if he (ra) gave her (ra) this authority
then what is the point of having a Khilafah. Moreover, it was not up to her (ra) to act on
behalf of the Khalifah.
At that time Abu Bakr (ra) gathered the Sahabah (raa) and asked them where are you?
Why are you leaving me? (Abu Bakr (ra) was referring to the Sahabah (raa) leaving for
the newly liberated lands). If you want me to be the Khalifah you cannot just appoint me
and depart. Thus, Abu Bakr (ra) maintained this group of Sahabah (raa) with him (ra).
During this era, with the death of the Prophet (saaw), the Sahabah (raa) began
performing ljtihad for problems that arose which were not explicitly expressed in the
Quran and Sunnah. The Sahabah (raa) compiled the Quran, and many of them had
already committed the whole Quran to memory. The Ayah of the Quran were also written
on stones, tree barks, or pieces of leather, and were scattered amongst the Sahabah
(raa) in general.
Additionally, most of the Hadith were not documented, rather they had been committed to
memory. No one single person had memorized the entire Sunnah as they had
memorized the entire Quran. Nonetheless, the Quran and the Sunnah together served as
the reference point for the solutions to the problems that the Sahabah (raa) faced as a
whole. After a while they found that not every single person was capable of
understanding Islam, and so they began a program of educating those Muslims who
were incapable.
At the time of the death of the Prophet (saaw), the Sahabah (raa) numbered in the
thousands, however only about seven to ten of them used to give Fatwa more than the
others, and were considered practical Fuqahaa or people who were able to give the
Islamic rule in practical, day to day problems. Included in this group were Umar, All, lbn
Umar, Ibn Abbas, lbn Mas’ood, Zaid bin Thabit, and Aisha (raa). In their endeavors to
determine the Hukm Sharil rules for problems, the Sahabah (raa) adhered to the Quran 63
and Sunnah; however, they still arrived at varying and different opinions.
For example, in the issue of divorce, Abu Bakr (ra) and Umar bin Al-Khattab (ra) had
different opinions. Umar (ra) was of the opinion that if a man says to his wife “I have
divorced you” three times in one sitting, then the man would have divorced her three
times and could not remarry the woman until she married and was divorced by someone
else. While Abu Bakr (ra) was of the opinion that this would result in only one divorce.
In another example, Abu Bakr (ra) used to distribute the spoils of war equally amongst
the Sahabah (raa). When, Umar (ra) became the Khalifah, he did not give those who
became Muslim recently and who had fought against the Prophet (saaw) in the early
wars, like Khalid bin Al-Walid (ra), as much as he gave to those who had accompanied
the Prophet (saaw) in those earlier wars.
The differences amongst the Sahabah (raa) were not only limited to the details of the
Hukm Sharil, they also had differences in certain branches of the Aqeedah.
However, these difference of opinions may exists in the branches of the Aqeedah, mainly
due to linguistic structure of the Arabic language. Whereas, in the core of the Aqeedah
there is only one correct understanding.
For example, in an issue related to the Aqeedah there is a difference of opinion regarding
Israa’, Allah (swt) says;
“Glory be to He who took His ‘Abd on the Night Journey (lsraa)
from Masjld Al-Haram to MasJid Al-Aqsaa...’ (BanI-lsrael: 1)
Most of the Sahahah (raa) were of the opinion that the physical body of the Prophet
(saaw) made the night journey or the Israa. Aisha (ra) and Mu’awiyah (ra) however were
of the opinion that the physical body of the Prophet (saaw) did not make the journey and
that only his (saaw) spirit made it. Aisha’s (ra) justification was that he (saaw) was not
missed and no one remembers his (saaw) body leaving.
Another example is where Aisha (ra) was told by a Sahabi (ra) that the deceased person
will be punished because of the wailing and loud crying performed by his family. Aisha
(ra) rejected this claim because she understood that it contradicted the Ayah that says:
‘No one will bear the burden of another..’ (Al-Anam: 146) 64
Imam Baghawi in his hook “the Lights of the Sunnah,” remarked that Aba Bakr (ra) used
to look to the Book of Allah (swt) to solve his problems. If he couldn’t find a solution there,
he would go to the Sunnah, and if he could not find it there, he would ask some of the
Fuqahaa among the Sahahah (raa) for their ljtihad in the particular issue.
Imam Baghawi goes on to say that Umar (ra) used to consult the Sahabah (raa) even
though he was a well known Faqih.
Even though the Sahabah (raa) disagreed, their disagreement was well within the
guideline of understanding the text and this was considered normal. Imam Muhammad
Abu Zahrah, while discussing the era of the Sahabah (raa), said that it is important to
remove two misconceptions.
A. The first is that some people said that the Sahabah (raa) used to disregard the
authentic Hadith and based their judgments on their mind or own rational
thinking. Imam Zahrah said that it should be understood that none of the
Sahabah (raa) left the text for their own rational opinion, rather their opinions
were based and influenced entirely by the texts. He uses an example from the
Khilafah of Umar bin Al Khattab (ra), when he delayed cutting off the hand of the
thief. Some people use this instance as an example that Umar (ra) did this solely
due to his own thinking.
This claim is incorrect, since there is a Hadith where the Prophet (saaw) said:
“Don’t implement the hudood in the cases of doubt.” There is also another Hadith
in which the Prophet (saaw) states: “There is no cutting in a famine.” And
Medinah was in fact experiencing a famine at the instance when Umar (ra)
postponed implementing the Hud.
B. Some tried to classify the Sahabah (raa) into two groups: Those who adhered
strictly to the traditions (Ahiul-Hadith), and those who did not adhere to texts,
called Ahlul-Ra’ee. They claim that the first group did this because they were
Classical Traditionalists, while the second group were Revivalists.
This claim is incorrect, since both Ahlul-Hadith and Ahlul-Ra’ee adhered to the
text. Imam Zahrah cited the example, which they use, regarding the stray animals
in the State. The Prophet (saaw) said to leave them and they will reach their
owner. But Umar (ra) acted differentiy in this regard. He put them in one place
and allowed the owner to identify them and take them.
It should be clear that Umar’s action was in line with the Prophet’s (saaw), in that the
objective was to allow the wandering animals to reach their owner. The Prophet’s (saaw)
style or means in solving the problem was to allow the animals to wander.
However, during Umar’s (ra) time, when the State had expanded to the areas of Sham
and North Africa, the tactic of putting the animals in one location was used to solve the
same problem of returning the stray animals to their owners, and there is no conflict. So
what Umar (ra) did was part of his responsibility which requires adopting some admin-
istrative procedures. These administrative decisions can be changed.
It should be understood that there is a difference between an administrative order and a 65
legislative order. Ordering a person to do his Salat if he made a mistake is a legal order,
while tying up a wandering camel is an administrative order.
9.2.1 Why was there Difference of Opinion amongst the Sahabah (raa)?
The text sometimes could be understood in different ways due to the structure of the
Ayah, and/or the structure of the Arabic language. For example, Allah (swt) says:
‘The divorced woman should wait for
3 periods (quru)’ (AI•Baqarah: 228)
A. The word Quru in the Arabic language can mean the time when the woman
begins her menstruation, or the post menstruation period. The difference
between 3 cycles beginning with menstruation and 3 cycles beginning with the
purity period is about 7 to 15 days.
B. Sometimes a Sahabi would issue a Fatwa without having heard of a Hadith
related to that issue, and which another Sahabi knew. However, these cases
were usually resolved later.
C. How they viewed the texts and the methodology of interpretation. An example
deals with the inheritance of the grandfather. Abu Bakr (ra) said that if one dies
leaving a father, brothers, a wife and children, the presence of the father, who is
considered the grandfather of the deceased person’s children, would prevent
other brothers from inheriting the wealth. Umar (ra) said that he would give the
brothers and the grandfather the same amount after discussing this issue with
Zaid bin Thabit (ra) (the foremost Sahabi in the area of inheritance).
9.3 Era of the Tabi’een
When Umar (ra) became the Khalifah, if anyone from the Sahabah (raa) wanted to
migrate to to the newly liberated lands, he would have to take the permission of Umar
(ra). Upon the request, Umar (ra) would grant a leave for a specified number of months
on the condition that they would return.
When Uthman (ra) became the Khalifah, he allowed the Sahabah (raa) to disperse. The
Sahabah (raa) began leaving Med inah, heading out to regions such as North Africa,
Sham, Kabul, and even Peking, while others went back to Mecca. For instance, lbn
Masud (ra) went to Kufah, Abdur-Rah man bin Awf (ra) reached Peking, while Abdullah
bin Umar (ra) stayed in Madinah. However, for the most part, the two main groups of
Sahabah (raa) were either in Kufah or Madinah.
Those whom we call the Tabi’een were the followers and companions of a specific 66
Sahabi. For example, Sa’eed ibnu Musayyib, Nayfeh, and Salem ibn Abduilah bin Umar
are well known Tabi’een who followed Abdullah bin Umar (ra). Most of the Tabi’een were
not Arabs so they learned the Arabic language, and in some cases they learned the lan-
guage better than the Arabs themselves, and became major contributors to Fiqh.
9.3.1 AhIul Hadith & Ahiul Ra’ee
During the days of the Tabi’een, two major methodologies of understanding the text
arose:
a) Ahlul-Hadith (The People of Hadith) in Madinah.
b) Ahlul-Ra’ee (The People of Reason) in Kufah.
Those who followed Ahlul-Hadith (The People of Hadith) had more Hadith at their
disposal and relied on the Hadith more than on Qiyas, while Ahlul-Ra’ee (The People of
Ra’ee) relied more on Qiyas and the meanings behind the text, but did not at all neglect
the Hadith. Another difference between the two schools is that the Ra’ee (reasoning) in
the School of Ra’ee was based on Qiyas while in Madinah Ra’ee was based more on an
elaboration of the text itself. Ahiul-Hadith (The People of Hadith)
Ahlul-Hadith (The People of Hladith) in Madinah
Among the Tabi’een in Madinah were Sa’eed ibnu Musayyib, Zuhri, Yahya, and Rabiah-
ar-Ra’ie, ‘Urwa, Abu Bakr bin ‘Ubaid bin Harith, Qasim bin Muhammad bin Abu Bakr,
‘Ubaidullah, Sulayman bin Yassar, Kharija bin Zaid bin Thabit. They took their Fiqh from
Abdullah bin Umar (ra). Sa’eed ibnu Musayyib was known as Al-Jareei (The Outspoken)
or the one who has the guts to make Ijtihad, while Rabiah was called Ar-Ra’ee because
of his common practice of making Ijtihad.
The populace in Medinah had lived with the Prophet (saaw) and took his (saaw) actions
and sayings in a more practical manner. Thus, Ahlul-Hadith (People of the Hadith)
emerged in Medinah.
There is also a misconception that Ahlul-Hadith (The People of Hadith) used to only
adhere to the Hadith without performing Ijtihad whatsoever. This claim is false. For
example, Imam Malik bin Anas, who emerged from the School of Medinah, used to do
Ijtihad according to Masalaha Mursalah even more than Abu Hanifah, who emerged from
the School of Kufah.
Ahlul-Ra’ee (The People of Reason)
Among the Tabi’een in Kufah were Ash-Sha’bee, Hasan al-Basree, and Ibrahim an-
Nakha’ee, Hammaad, Alqamah bin Qais, Majsood bin Ajdah. These Tabi’een took their
Fiqh from Ali bin Abi Talib (ra) and Abdullah bin Mas’ood (ra). Some of the Tabi’een such
as Ash-Sha’bee were considered Muhadditheen (Scholars of Hadith).
The populace in Kufah (Iraq) was experiencing many problems such as the fabrication of
Hadith, political turmoil, etc., and the scholars were very careful in collecting Hadith due
to the possibility of fabrication. Due to these problems, they often used reasoning.
Reasoning (Ra’ee) here implies opinion derived from different understandings of the text. 67
Thus, they came to be known as Ahiel Ra’ee (People of the Reasoning).
The word Ra’ee linguistically means: opinion. Therefore some people think that the term
Ahlul-Ra’ee (The People of Ra’ee) mean the people who present their opinion. This is a
misconception, to anyone who believes that their opinion was based on their own
desires. The opinion presented by Ahlul-Ra’ee was through their Ijtihad which was based
on the legislative evidences, i.e. Quran and Sunnah.
The Prophet (saaw) said “Allah does not remove the I’lm alter it was given to you, rather
the I’lm would be removed with the death of the ‘Ulema. Then some people, who are
ignorant, will start giving their Ra’ee based on their desires and they are misled and will
lead the Ummah astray.” (Bukhari & Ahmad)
He (saaw) also said: “My Ummah will be divided into 70 something sects. The worst
group will be those who will start taking the Deen from their Aql.’ (Al Darami)
He (saaw) also said: “He who adopts an opinion based on his AqI, he will reserve for
himself a place in the hellfire.” (Bukhari & Muslim)
These Ahadith are clearly referring to the person who adopts opinions or gives Fatwa
based on his Aql without any evidence from the Shariah. Ahlul-Ra’ee on the other hand,
were those who exerted their utmost effort in scanning the Islamic texts, and then issued
an opinion. This process is called Ijtihad.
Some people say that Ahlul-Ra’ee did not utilize Hadith in issuing their opinions. This
claim is false. People like Ash-Sha’bee were recognized Muhaditheen while being from
Kufah and from Ahlul-Ra’ee.
The main difference between them was that the People of Ra’ee practiced more Qiyas
and Istihsan and they went deeper into the text to extract more rulings than the People of
Hadith. These two main schools influenced many other schools of thought.
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9.4 Madhab of Imam Abu Hanlfah (ra)
Abu Hanifah al Numan ibn Thabit ibn Zuta (80-150 A.H./700 - 768 A.D.) was born during
the Khilafah of Abdul Malik bin Marwan. Imam Abu Hanifah lived through 52 years of
Ummayyid rule and witnessed the Khilafah of ten Umayyad Khulufa including that of
Umar bin Abdul Aziz who ruled when the Imam was 18 years of age.
He also saw 18 years of Abbasid rule, including that of Saffah and Mansoor. He realized
that the Ummayyids had no claim on the Khilafah but he did not rebel against them since
they were given the Bay’ah. He also did not speak out against the Abbassids; however,
he started doing so when they started harassing the descendants of Ali (ra). Imam Abu
Hanifah earned the title of Imam ‘Aazam. Imam Shafii used to say:
“The people in Fiqh are dependent upon Abu Hanifah.”
He was born to a well known Persian family in Kufah and spent most of his life there. His
father was a good friend of Ali bin Abi Talib (ra). The two Sahabah (raa) who established
the Kufa School were Ali bin Abi Talib (ra) and Abdullah bin Mas’ood (ra). They taught
Tabi’een like Shurayh, Arqam bin Qais, Masrooq bin al-Ajdah. They in turn taught
Ibrahim An-Nakha’ee, Ash-Sha’bee. These two taught Ham maad Ar-Raawiyyah, who
served as the teacher of Imam Abu Hanifah. Abu Hanifah studied with Hammaad for 18
years and took over his study circle (halaqah) after Hammaad’s death in 120 A.H. Abu
Hanifah also studied from Imam Jafar as Sadiq.
Abu Hanifah’s two most famous students were Muhammad bin al-Hasan, and Qadee
Abu Yusef, who served as Chief Justice in the time of Haroon ar-Rashid and wrote a
book called Al-Kharaj which detailed the Economic system in Islam. Each of Abu
Hanifah’s students developed into Mujtahids of their own right, with the ability of
developing their own Usul ul-Fiqh. However, they kept the Usul of Abu Hanifah and were
considered Mujtahids of the Madhab of Abu Hanifah.
Abu Hanifah was a trader by profession, specializing in silk. In his early life he studied
‘ilmul Kalaam, but abandoned it afterwards. Once he heard his son Hammaad, debating
in ‘ilmul Kalaam, he discouraged him from doing so. His son asked him why he was
prohibiting him when he himself used to debate in ‘ilmul-Kalaam.
Abu Hanifah replied that he used to debate in ‘ilmul Kalaam while being afraid that others
would be wrong in an issue. Whereas you are debating with the hope that your opponent
would be wrong in an issue in order to exploit his mistake. He who wants his opponent to
make a mistake in ‘ilmul Kalaam means that he wants him to be a Kafir (‘ilmul Kalaam
deals with the issues of the Aqeedah), and he who wants his opponent to be a Kafir will
become a Kafir before his opponent. So do not debate in ‘ilmul Kalaam.
9.4.1 Books and Students from the Madhab of Imam Abu Hanifah
Abu Hanifah wrote many books, and his students also authored many important books
on Islam. The books of Abu Hanifah include Fiqh-ul-Akbar and Al ‘Alim-ul-Muta’allim.
The books of those who followed his Madhab include, but is not limited to the following;
69
9.5 Madhab of Imam Malik (ra)
Malik ibn Anas (93 AH- 179 AH) was born and passed away in Medinah. His ancestral
place was Yemen. After the birth of Islam, his ancestors who had become Muslims
migrated to and settled in Medinah. He received his education in Madinah, which was the
highest place of learning in the vast Islamic State and housed most of the distinguished
Sahabah (raa) of the Prophet (saaw).
He studied under Abdur-Rahman ibn Hormuz, who advised Malik that:
“The Alim (Scholar) should teach the people to say: ‘I do not know’ Imam Malik followed
and adhered to this advice throughout his life. Once a man attended his Halaqah and
asked him a question to which Imam Malik replied; “I do not know, no one else ever
asked this question... the scholars, from before never discussed such a topic.”
Then Imam Malik told the man to come back the following day and he would see If he
would be able to supply the answer. When the man returned the following day, Imam
Malik again told him that he had no answer. The man then told him that he had heard
that Imam Malik was the most knowledgeable man in the world, and so if Imam Malik did
not know, then who else would know. Imam Malik kept with his answer that he did not
know.
Imam Malik also studied with Ibn Shihaab Az-Zuhri; Naafi’ the ex-slave of Abdullah bin U
mar; Yahyah ibn Saeed; Rabiah ar-Ra’ee; and Jafar As-Sadiq. Imam Malik learned Ar-
Ra’ee from Rabiah and from Yahyah ibn Sa’eed, and he learned Hadith from Naafi’ and
from Ibn Shihaab Az-Zuhri. Therefore, we can say that Imam Malik had studied from both
schools of Hadith and Ra’ee, since Ra’ee was also being taught in Al-Madinah.
Imam Malik was known for his very sharp memory and quick thinking. He used to think
very hard and carefully to arrive at his opinions and never rushed to issue a Fatwa. Once
someone asked him a question, and another person remarked that the question was very
easy. Imam Malik replied that there is nothing easy or trivial with regard to giving a rule.
Imam Malik also disliked lengthy arguments. He was once asked that if a person was
very knowledgeable in the Hadith and Sunnah should that person continue arguing his
point. Imam Malik replied that such a person should just issue his opinion and his 70
evidence without engaging in too much of a discussion or debate.
Imam Malik’s classes were characterized by their serenity, discipline and high sense of
respect, exhibited by the students for their learned teacher. Once, during his visit to
Madinah, Harun ar Rashid wanted to hear the Muwatta (collection of traditions by Imam
Malik). Harun sent for the Imam who advised him saying: “Rashid, tradition is a learning
that used to be patronized by your ancestors. They had utmost regard for it. If you do not
respect it as a Khalifah no one else will. Furthermore, people come to seek knowledge
but knowledge doesn’t seek people. “Khalifah Harun ar Rashid agreed to listen to the
Muwatta with his students.
Among the persons who benefited from Imam Malik’s learning were Khulafah such as
Mansur, Hadi, Haroon, and Mamun. Scholars like Abu Hanifah, Shafii, and Abu Yusuf to
name just a few, also benefited from the teachings of Imam Malik.
Imam Malik lived under the rule of the Ummayyads and the Abbassids. He did not
entirely agree with their rule, nor did he join the rebels, but rather he advised that the
people should not tolerate their wrong doings. He was not exempt from problems with the
rulers, especially during the era of Abu Jafar al-Mansoor. Imam Malik had reported a
Hadith in which the Prophet (saaw) said:
“There is no oath if given under duress.”
At that time some of the Shi’ah, under the leadership of Muhammad Nafsul Zakiyyah
were leading a revolt against the Khalifah, using this Hadith as a basis for their revolt.
Abu Jafar’ al-Mansoor sent a messenger to Imam Malik to ascertain if this Hadith had in
fact been reported and supported by Imam Malik. Imam Malik told the messenger that he
had in fact reported that Riwayah, and so the Khalifah understood from the reply that
Imam Malik was a part of the Shi’ah’s rebellion. He was imprisoned and was beaten very
severely to the point that his hands became deformed (Imam Malik after this used to pray
with his hands at his side).
Afterwards, Abu Jafar tried to reconcile with Imam Malik. Imam Malik once said:
When I entered to meet Abu Jafar during the Half season, he told me: ‘I swear by Allah, I
did not instruct anyone with what happened to you. The people of Al-Haranzayn will
remain in a good condition as long as you are with them. Allah lfted up this Ummah as
long as you are with them. I ordered the Wali who was responsible to come to me and I
have put him in jail, humiliated, insulted and punished him with more than what you were
punished.”
Imam Malik continued, ‘May Allah give you good health and a good destination on the
Day of Judgment. I have forgiven that Wali since he is a relative of the Prophet (saaw).”
71
9.5.1 Books and Students from the Madhab Imam Malik
His book Al-Muwatta is one of the earliest collections of Ahadith. Imam Malik was one of
the greatest scholars in the field of Hadith. He was also one of the few who wrote down
the results of his Isnad (chain of reporters) in his collection of Hadith for the benefit of
later generations.
He began writing it during the era of Al Mansoor and finished it during the era of Al
Mahdi. Harun Ar-Rasheed wanted to adopt it as a legislative source of Islamic State’s
canons but Imam Malik refused, and was also against the idea of hanging a copy in the
Ka’bah. The book Al Mudawan Al Kubrah is also attributed to him.
Well-recognized Malaki scholars include;
9.6 Madhab of Imam Shafii
Muhammad ibn Idris ash- Shafii (150-205 AH, 767-820 CE) is considered to be the
architect of Usul al Fiqh. He was born in Ghazza (Palestine) and when he was two years
old his mother took him to Mecca. Imam Shafii is from the tribe of Quraysh and his
lineage meets with the Prophet (saaw) at Abdu Manaf.
At an early age, his mother took him to the local Kuttab to memorize the Quran, but since
they were poor and could not afford the tuition, he was not allowed to attend the classes.
He used to stay within an earshot of the class listening to the instructions of the Shaykh
and memorizing them. When the teacher would leave, young Shafii would go to help the
students with their memorization. The teacher learned about this and allowed young
Shafii in the class with the condition that he would help the students with their
memorization.
When he was about seven years old he had memorized the Quran, and then went to
Masjid Al-Haram where he studied the Arabic language. By the time he graduated, he
had learned all the versions of the classical Arabic language. His statements are
considered to be standards in the Arabic language. After completing his Arabic studies, a
man advised him to study Hadith, Fiqh, and Ulum-ul-Quran, and so he moved to
Medinah.
There he studied under Imam Malik ibn Anas prior to his death in 179 AH. It was directly
from Imam Malik that Imam Shafii learned the Muwatta. He then traveled to Iraq, where
he stayed as the guest of Muhammad bin Al-Hasan, the student of Abu Hanifah. Imam 72
Shafii would debate and study with both Muhammad bin al-Hasan and Qadee AbuYusef.
He would then return to Medinah, around 174 AH, to visit with his old friend Imam Malik.
After the death of Imam Malik, Imam Shafii traveled to Yemen. There he met Umar bin
Abi Salamah, teacher of al Awzaii, a great scholar in Usul al Fiqh.
While there, some problems arose between the Khalifah Harun arRashid and AhI-ul-
Bayt. Imam Shafii was accused of siding with the Ahl-ul-Bayt against the Khalifah, and
was arrested and taken to Baghdad to the court of the Khalifah. After a discussion with
the Khalifah to clear himself of any wrong doing, Imam Shafii was invited by the Khalifah
to advise him. It is recorded that he was so firm and strong in his advise to the Khalifah,
that the Khalifah wept.
While in Baghdad he met Abdur Rahman Bin al Mahdi (scholar of Hadith) in 195 A.H.,
who asked him to write a book explaining the methodology of understanding Fiqh. In this
work, Imam Shaffi combined both the School of Hadith in Madinah and School of Ra’ee
in Kufah. He was able to do this because he was acquainted with both schools. In
Medinah he studied under Imam Malik and in Kufah he met Muhammad bin al Hasan
(follower of Hanafli school of Fiqh). The outcome of this book was called Ar-Risala (This
old version does not exist today).
Imam Shafii then decided to move to Egypt. While in Egypt Imam Shafii rewrote his book
Ar-Risala. In the New Risala, he established new principles in Usul a! Fiqh. Thus, his
changing to a new methodology changed his Fatwas because the pattern for giving
Fatwas is as follows:
Usul al Fiqh Fiqh Fatwa
Some think that Imam Shafii changed his Fiqh due to the new circumstances or
environment in Egypt. We must understand that Imam Shafii did not rewrite his book for
the sake of it, or because he changed his location. There are really only two possibilities
for the re-writing of ArRisala.
A. Imam Shafii had put in his mind that he wanted to reach a specific conclusion
and in order to do so he would have to change the basis for those predetermined
conclusions, or
B. Imam Shafii found that the old basis he had used was wrong, and so it was
necessary to redo or to revise his basis for deriving his Fiqh.
If there is a change in Usul al Fiqh there will obviously be a different ruling and not vice-
versa, because a Mujtahid is not allowed to think of a ruling before deciding on which
sources to extract the rulings from. Therefore, as a result of changing the Usul al Fiqh
there were different Fatwas. The reason for the change was that he thought that his
earlier Usul al Fiqh was wrong. This change was not due to time or place. Therefore, his
Madhab had changed completely because his Usul al Fiqh had changed. This very
important point, if it is not understood correctly could prove to be misleading.
Imam Shafii never debated in ‘ilm-ul-Kalaam. Regarding it he used to say; “Debating in
Fiqh, at the very least would lead the people to make fun of you, for example, saying the
Diyah for murder is an egg. Debating in ilm ul Kalaam, they would say that you are 73
deviating and making a Bid’ah. So go and debate in Fiqh, and leave ‘ilm- ul-Kalaam.”
9.6.1 Books and Students from the Madhab of Imam Shafii
Imam Shafii’s books include:
Those who are considered to be from his Madhab include;
Ibn Kathir, As-Syuti, Al-Muzni, Al-Buwaytee, and Ar-Rabee.
9.7 Madhab of Imam Ahmad ibn Hanbal
Imam Abu Abdullah Ahmad bin Hanbal (164 AH - 241 AH) was born and passed away in
Baghdad. His mother and his uncle took care of him due to the death of his father when
he was very young.
Baghdad at that time was experiencing a very strong intellectual movement, and was the
Capital of the Islamic State. It was residence for many scholars and intellectuals. It was in
this environment that Imam Ahmad studied the Quran, Arabic language, Hadith, the
sayings of the Sahabah (raa), and the Seerah of the Prophet(saaw). At an early age it
was quite evident that Imam Ahmad possessed a very sharp and keen intellectual ability.
He was known to be very serious in his youth. At about 15 years of age, in 179 AH, he
began studying and taking care of the Science of Hadith, under the tutelage of Qadee
Abu Yusef. In 186 AH Imam Ahmad began traveling to Basrah, Hijaz, and Yemen. It is
reported that he went to Hijaz at least five times. In 187 AH he met Imam Shafii in Mecca.
In Yemen he took Hadith from Az-Zuhri and Ibn Musayyib.
A person once asked him about his busy traveling schedule and he replied; “I will keep
my pen with me all the way to the grave. “He met Imam Shafii again in Baghdad and
studied in Imam Shafii’s Halaqah. Imam Shafii said “When I left Baghdad, I did not leave
behind me a person who is more knowledgeable and better than Ahmad.”
Imam Ahmad came up at a very opportune time, in that he got a chance to read what
was already documented by the great scholars before him such as Al-Aathar by Yusef
bin Qadee Abu Yusef, the works of Muhammad ibn Hasan, Imam Shafii and Imam
Malik’s Al-Muwatta. He was able to study Hadith, Sunnah and Fiqh all together. He col-
lected 40,000 Ahadith in his famous book called Al Musnad. In this book he classified the
Hadith based on the names of the Sahabah (raa) who reported them, as well as the Fiqh
of the Sahabah (raa).
74
At the age of 40, he began his own Halaqah, although it was reported that before this he
had already been issuing Fatwa. He used to give two Halaqahs, one was public and the
other was for his students and his children. He used to instruct his students to write down
the Hadith and did not encourage them to write down his Fatawa.
9.71 Imam Ahmad and ‘IIm~uI-Ka!aam
A man wrote a letter to Imam Ahmad asking him to debate with a person from the
Muttakallimeen (one who practices lIm ul Kalaam). Imam Ahmad replied that he already
had the chance to meet with those from the Muttakallimeen but he chose not to sit down
with those deviant people. Imam Ahmad’s opinion was that the Book of Allah had to be
taken the way it was revealed.
Because of such a position, he was usually at odds and in direct confrontation with
people like the Mu’tazilah, who at that time were supported by the Khalifah Ma’mun. The
Mu’tazilah used to say that the Quran was created and developed this opinion as a
reaction to a position held by some of the Christians at that time.
A Christian during that time called Yuhannah Al-Damashqee used to instruct his followers
that the best way to debate with the Muslims was to ask them about Allah’s speech or
word, and whether it was eternal or not. If they say it is eternal, then Jesus would also
have to be eternal since the Quran says Jesus is Kalimat-ul-Allah, or Allah’s word. If they
say that Allah’s speech is not eternal, then this would mean that Allah’s speech was
created.
Being influenced by this, the Mu’tazilah began carrying the opinion that the Quran was
created, thinking that this would cut off any avenue that could lead to the conclusion that
Jesus was eternal. This opinion was adopted by the Khalifah Al Ma’mun in the year 212
AH, and in 218 AH Al Ma-mun began imposing this opinion on the people, enacting a
punishment on those who would not say that the Quran was created.
Imam Ahmad was one of the few people who stood fast in his opinion regardless of the
punishment that he would face. He refused to say what the Khalifah was trying to
persuade him to say. When the people asked him why don’t you just say the Quran was
created and you will be free from the persecution? Imam Ahmad replied, “Then how will
the Ummah know the truth?”
Imam Ahmad’s opinion was that the entire issue was not one to be discussed since it
was no more than a reaction to the Christians’ debate, and that such an issue regarding
the Islamic Aqeedah was never discussed by the Prophet (saaw), nor any of the
Sahabah (raa). While discussing this issue with another scholar who followed the
Mu’tazllah’s opinion, Imam Ahmad said;
“You are saying something that the Prophet, Abu Bakr, Umar Uthman and Ali never said.
This could mean one of two things. Either you say they knew it and kept quiet, or that
they did not know about it. If they knew it and kept quiet then I will follow their opinion. If
they did not know about it, then who are you to know something (regarding the Islamic
Aqeedah that the Prophet (saaw,) did not know?”
It should be clear here, regarding the opinion adopted by the Mu’tazilah, that the issue is
not whether they were right or wrong, rather the issue is with regard to using ‘iIm ul- 75
Kalaam. Because of ‘lIm ul-Kalaam, Muslims began debating issues that were once
debated by the ancient Greeks, and as a result, they lost a clear understanding of many
issues related to the Islamic Aqeedah. The Islamic Aqeedah should be understood within
the methodology of the Quran.
This methodology separates between two Daleel, i.e. the mind and the conclusive texts
(Quran and Mutawatir Hadith). The mind is used to become convinced that the universe
was created and is organized by Allah (swt); that the Quran was revealed by Allah (swt);
and that there is a need for a Messenger to convey this Message and that Prophet
Muhammad (saaw) is the Messenger to whom the Quran was revealed. Once we believe
in these principles of the Islamic Aqeedah, then the role of the mind is to understand the
conclusive texts as they were given with regard to the angels, Jinns, the Day of
Judgment and the hereafter.
We should not discuss any issue dealing with the Ghayb or the unsensed with our minds.
The correct way is to believe in everything that the Revelation brought to us the way it is,
without trying to change it, adding to it, deleting from it or twisting its meaning. This
means that issues such as the Jinns, angels and the attributes of Allah (swt), cannot be
discussed based on our minds or intellect.
Recently, some muslims have been led to belive that Allah(swt) has feelings, is happy
and celibrates when muslims follow HIS commands. It should be mentioned here that
Allah’s(swt) justice is clear cut and there is no ambiguity. On the day of resurrection
every human will be questioned about what they had done and more importantly what
they had not done. Allah’s(swt) descions are final and only by the intervention of SAAW
will their be any mercy. It is not correct that Muslims associate feelings and other joyfull
attributes to Allah(swt) as this is unfounded and cannot be substantiated. However, it can
be substantiated that Allah(swt) commands must be followed precisely without deviation,
thus punishments will be based up adherance to these commands.
We cannot even describe the attributes or anything related to the entity or essence of
Allah (swt). Because of ‘ilm ul-Kalaam, Muslims started carrying certain deviant opinions
and ideas regarding the Islamic Aqeedah, which resulted in one of the many factors
which led to the decline of the Muslim Ummah. It should be also clear that none of the
four Imams ever got entangeled in ‘ilm ul-Kalaam.
Imam Ahmad did not document his Fiqh as did Imam Shafii’, and consequently his Fiqh
was transmitted by his students. Imam Ahmad is said to have many opinions regarding
an issue, and this caused some people to say that Ahmad was a Muhadith rather than a
Faqih. It is important to note here that the varying opinions of Imam Ahmad were actually
his quoting the varying opinions of the Sahabah (raa), without weighing one opinion
against the other.
Besides being a great Faqih, he was a great scholar in the Sunnah. His title was Imam al
Sunnah and the eliminator of Bid’a.
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9.72 Students from the Madhab of Imam Hanbal
Well-recognized Hanbali scholars:
9.72.1 Ibn Taymiyyah
Ibn Taymiyyah (661 AH - 728 AH) was born in a family wherein both his father and
grandfather were scholars of the Hanbali Madhab. Under the supervision of his father he
memorized the Quran, studied Hadith, and learned Hanbali Fiqh. After the invasion of
Baghdad, at the hands of the Tartars, he moved to Damascus where he became
engaged in various activities aimed at waging Jihad against the invading Tartars.
He is characterized as the one who rejected Taqleed or imitation; he never followed the
Sufi approach and used to call for Jihad; and he used to call for Hanbali Fiqh which often
put him in direct con frontation with those who utilized other Fiqh.
He disagreed with all four Imams on many issues and used to be confronted because of
it; however, he never compromised his position. He also tolerated the other opinions as
long as they were based on the Islamic texts, even though they conflicted with his own
opinions.
In his book, Al Fatawa, he wrote that Ahl as-Salaf had many opinions, even in the areas
of the Aqeedah. Throughout his life Ibn Taymiyyah never tolerated injustice from any
ruler and worked tirelessly for the complete and comprehensive implementation of Islam
in the Islamic State.
It’s unfortunate that some Muslims who promote the ideas and understandings of Ibn
Taymiah make excuses for unjust rulers and their tools, the paid scholars. They do all of
this while claiming that they are following the example of Ibn Taymiyyah. If one really
wants to follow Ibn Taymiyyah then one must follow his comprehensive approach to Is-
lam. Quoting one sentence or opinion of lbn Taymiyyah and using it as a generalization
for his entire life actually does a disservice in the presentation of the life of such a great
scholar of Islam.
9.8 Madhab of Ibn Hazm
Ibn Hazm (384 All - 456 AH) was born in Cordoba in Andalucia (Spain) which at that time
was the capital of science for all of Europe. He studied Quran, Hadith, and Maliki Fiqh.
He then moved to study Shafii’ Fiqh, and left it. Later on, he moved to study about the
Madhab of Abu Dawud Az-Zahiri from Mas’ud bin Sulayman.
Ibn Hazm rejected Qiyas and took only the literal meaning of the text to the point that if a
man urinated in a body of water; for example, he would consider the water Najis (filthy); 77
however, if the urine was from a pig, then the water would not be considered as Najis.
Ibn llazm fought against Taqleed and called the people to discuss issues based on the
Daleel. This caused him some problems from some people at that time. His most
important book is Al-Muhalla.
9.9 IntroductIon to Madhab of Imam Zaid and Imam Jafar
The Messenger of Allah (saaw) died without appointing a specific person to succeed him
(saaw) as a Khalifah. After the Sahabah (raa) met and deliberated, they decided to select
Abu Bakr (ra) as the Khalifah. All the Sahabah (raa), including Ali (ra), gave the Bay’ah to
Abu Bakr (ra). Before he died, Abu Bakr (ra) nominated Umar bin Al-Khattab (ra) to be
his successor, after consulting with the people of Medinah. Umar (ra) became the
Khalifah; however, only after being given the Bay’ah. On his death bed, Umar (ra)
nominated 6 people and suggested that the Khalifah be chosen from among them.
Included in this list of nominees were Ali bin Abi Talib (ra) and Uthman bin al-Affan (ra).
Abdur-Rahman bin ‘Awf (ra) withdrew his name from the list of nominees and
coordinated the selection process of the other five nominees. He later announced that
Uthman (ra) had received more support than Ali (ra) from the people, and so the Bay’ah
was given to Uthman (ra) as the third Khalifah.
During Umar’s (ra) Khilafah, he restricted the Sahabah (raa) from leaving Medinah, but in
Uthman’s (ra) Khilafah, the Sahabah (raa) were allowed to disperse from Medinah. There
were some decisions made by Khalifah Uthman (ra) that were debated by some of the
Sahabah (raa). Some people from Egypt and other out-lying territories, orchestrated by
Abdullah bin Saba, advanced to Madinah in order to kill the Khalifah Uthman (ra).
Abdullah bin Sabaa was a Jew, who supposedly converted to Islam.
All of the Sahabah (raa), including Ali (ra), tried their best to negotiate with those people,
but they were not inclined to listen to what was being presented by Ali (ra). The issue
escalated and led to the assassination of Uthman (ra). Those who were guarding Uthman
(ra) at the time of his assassination were extremely honorable people and included Ali’s
(ra) sons Hasan (ra) and Hussein (ra); however, the guards were eventually
overwhelmed and Uthman (ra) was assassinated.
This event actually illustrates that the Sahabah (raa), including Ali (ra), viewed Uthman
(ra) as the legitimate Khalifah, to the point that they sent their sons as personal guards
for Uthman (ra) during this conflict.
With the assassination of Uthman (ra), the rebels approached Ali (ra) to give him the
Bay’ah, and Ali (ra) refused, saying that he wanted nothing to do with such filthy people.
The Sahabah (raa), however, approached Ali (ra) and gave him the Bay’ah, and only
then did he become the Khalifah.
During the era of Ali (ra), he had differences with some of the Sahabah (raa). Actually Ali
(ra) found himself facing a variety of critical issues. Such as his (ra) opinion that the
organized conspiracy which led to Uthman’s (ra) assassination was an organized internal
disruption rather than a one man effort. There were differences with Sahabah (raa) such
as Talha, Zubair, and Aisha (raa); the rebellion of Mu’awiyyah (ra) and his persistence in
having Uth man’s (ra) killers handed over to him; some of Ali’s (ra) so-called “supporters”
began evoking claims that Ali (ra) was God incarnate.
From his side, Ali (ra) chose to handle all of these crises at once; he killed those who 78
claimed that he was god; moved to Kufah to deal with the Talha, Zubair and Aisha (raa)
issue; and was able to overcome this although it led to the killing of Talha and Zubair
(raa); and then he (ra) moved towards Syria to deal with Mu’awiyyah (ra). All of these
activities caused Ali (ra) to be continuously engaged in one conflict or another. Finally the
conflict ended in his (ra) assassination.
It is within this environment that the seeds of the Shi’ah were sown and started growing.
In the beginning it started as a political movement working under the pretext of getting
the Khilafah back to Ali (ra) and his descendants. Later on it was given its intellectual
context. The Shi’ah were divided into many groups. Some went to the extreme claiming
that Ali (ra) was god. Others claimed that the Messengership was meant for Ali (ra) and
not for Muhammad (saaw). These two groups were not considered Muslims. Even the
Shi’ah label these groups as non-Musurns. In addition to this, there were others like the
Zaidis and the Jafaris who did not at all go to these extremes.
Some people presently generalize and label all of the Shi’ah as non-Muslims. This
generalization is not at all correct, since not all of the Shi’ah believe that Ali (ra) deserved
the Messengership or that Ali (ra) was god incarnate, or that the Quran was changed and
is imperfect. The Zaidis and the Jafaris cannot be labeled as non-Muslims since they do
not adhere to such Kufr beliefs. However, if an individual carries such beliefs or ideas
then that individual deserves the label as being non-Muslim, whether he is Shi’ah or
Sunni. Anyone who carries Kufr ideas and concepts, even if he was born to Sunni
parents, they will not be considered as Muslims.
9.9.1 Madhab of Imam Zaid
Imam Zaid bin Ali (80 AH - 122 AH) was born in Madinah. His father Ali, son of Al-
Hussein bin Ali bin Abi Talib the fourth Khalifah, was one of the few descendants of
Hussein that were spared at Karbalah. Imam Zaid’s father was highly respected and
highly educated, and rejected the extremism of those who claimed themselves to be
Shi’ah.
It was in this environment that Imam Zaid was born. His father died when he was 14
years old and his elder brother Muhammad al-Baaqir took care of him. His early
education was taken from his elder brother Muhammad al-Baaqir, who was considered at
that time as a great scholar. He also studied with another great scholar, Abdullah bin
Hasan bin Ali. Both Al Baaqir and Abdullah bin Hasan were teachers of many great
scholars and Imams like Abu Hanifah and Imam Malik, who took Hadith from them. Zaid
also studied under other Tabi’een who were residing in Madinah.
Later on Imam Zaid moved to Basrah where he met Waasil bin Ataa, the founder of the
Mu’tazilahs. He kept moving between Iraq and Hijaz seeking knowledge. Abu Hanifah
once said about Imam Zaid;
“I met with Zaid and I never saw in his genenition a person more knowledgeable, as
quick a thinker or more eloquent than him. He was in a class by himself.”
Imam Zaid had differences with Khalifah Abdul Malik, and even rebelled against him. He
went to Kufah where he was joined by Shi’ah of Iraq. 15,000 people gave him the Bay’ah
in a Masjid, but only about 400 of them stood with him when he faced the army of the
Khalifah. Imam Zaid felt that a military confrontation was the best way to deal with
Khalifah, and felt let down after he was abandoned by his so called supporters in the 79
same way that his grandfather Hussein was abandoned by his supporters.
Even though both Imam Hussein and Imam Zaid utilized military confrontation to
correct the situation in the Islamic State at that time, it seems that what was
needed to be established was a group that would work in the Ummah to educate it
and serve as a safeguard for the Ummah, instead of rebelling against the Khalifah
without this preparation, which did not at all solve the problem but rather made
matters more complicated.
The stand by Imam Zaid and his few supporters against the army of the Khalifah ended
with his death. He was heard saying; “I am worried that I will be let down just like my
grandfather Al Hussein was let down, “ and in fact this was true.
Although he viewed Ali (ra) as deserving of the Khilafah, he also recognized the Khilafah
of Abu Bakr, Umar, and Uthman (raa). He also believed that the Khulafaa did not have to
be predetermined by the texts, but that it was enough to be from Banu Hashim; and that
the Khalifah was not infallible. He did not document his Madhab, rather it was done
afterwards.
His Fiqh was documented in Al Majmu’, which was documented by his student Abu
Khalid Amr ibn Khalid Waasifi. The Grand Majmu’ or Al-Majmu’ Al Akbar is made up of
two sections, Majmu’ Al-Hadith and Majmu’ Al-Fiqh.
After Imam Zaid’s death, many students from his Madhab emerged, especially in Yemen.
The most interesting thing about this Madhab is that they never closed the door of Ijtihad.
This Madhab is very close to that of Abu Hanifah’s in the areas of Mu’amalaat or
transactions. Nowadays this Madhab is said to be the closest to the four popular
Madhabs of Abu Hanifah, Malik, Shafii, and Hanbal.
Imam Abu Zahrah, in his book History of the Islamic Schools of Thought (Taareekhul
Madhabil Islamiyyah), said that there are two Zaidi Madhabs, the one before his death
and the one that emerged after his death.
After the problems which occurred with the Khalifah Al Mansoor, the Zaidi Madhab
became weak and other Shi’ah Imams started to in fluence it. Some of these Imams did
not approve of the Khilafah of Abu Bakr (ra) and Umar (ra) and so there is an
appearance that this was an inherent part of the Madhab. However, presently the Zaidis
have gone back to Imam Zaid’s adoptions. Two of these scholars who followed the early
Madhab of Imam Zaid are Imam Shawkanee and Imam Muhammad bin Isma’eel As-
Sana’anee. 80
Imam Shawkanee
One of the most famous scholars of the Madhab of lmam Zaid is Imam Shawkanee.
Imam Shawkanee died in 1250 AH in Yemen. His writings show that he was against
Taqleed. They also show that he treated all Madhabs equally, including the Zaidis, and in
the issues of the Aqeedah he did not go against that of the Salaf at all. Imam
Shawkanee’s books include Nayl Awtaar, in Hadith and Fat-hul-Qadeer, in Taf’seer.
Imam Muhammad Bin Isma’eel As-Sana’Anee
Imam Muhammad bin Isma’eel as-Sana’anee (1059 AH - 1182 AH) was born in Yemen
and moved to Mecca, where he developed to be an extremely capable Mujtahid. He
rejected the Taqleed, and was severely challenged by those who refused the concept of
Ijtihad; however, he held his ground and never paid attention to his objectors. One of his
many books is Subul-us-Salaam, in Hadith.
Both Subul-us-Salaam and Nayl Awtaar are considered presently to be extremely
essential for their contributions in the area of Fiqh and Hadith.
9.9.2 Madhab of Imam Jafar
Though the Shi’a Imamia is also called Jafariah, this does not mean that the sole source
of the Shi’a Fiqh is Imam Jafar. It is mixed with others. The Jafariah Madhab is
composed of Fiqh from other people such as Qumi, Tousi and Qulani. Thus, it is very
hard to verify what was reported by Imam Jafar. Among the Jafariah claims are:
A. The Imams were appointed by the Prophet, namely Ali (ra) and his descendants.
The twelve Imams are as follows:
1. ALI
2. HASAN
3. HUSSEIN
4. ALI ZAIN-UL-AABIDEEN
5. MUHAMMAD AL BAAQIR
6. JA’FAR AS-SAADIQ (6Th IMAM)
7. MUSA AL-KAZIM
8. ALI AL-RIDA
9. MUHAMMAD AL-JAWAD
10. ALl AL-HADI
11. AL HASAN AL-ASKAREE
12. MUHAMMAD BIN AL-HASAN (12TH IMAM)
B. Imams are infallible.
C. Imams have qualities, which elevate them above the level of Prophets. In the
words of Ayatollah Khomeni: “The Imam has an exalted position, an elevated
rank and a creational vicegerency (califate) to whose sovereignty and dominion 81
all of the atoms of the universe yield and obey and, among the basic tenets of our
Madhab is that the Imams have a position which cannot be attained by either an
angel close or a commissioned Prophet. Furthermore, based on the narration’s
and Hadith which we have, the greatest Prophet and the Imams existed before
this world as lights which Allah made to encircle His throne.” (Khomeni, Al-
Hukoomah al-Islamiyyah p.52)
D. Tuqiyyah is allowed. Tuqiyyah states that a Muslim is allowed to hide whatever
he believes in due to certain circumstances. The Jafaris claim that Imam Jafar
said: “It (Tuqyyah,) is my Deen and the Deen of my forefathers” about Tuqiyyah.
E. Some of the Jafaris claim that the 12th Imam was born and was hidden in his
early childhood. However, Al-Kulaynee, in his book Al Kafee, reports that the
12th Imam’s father died before his birth. The pregnancy period passed and the
expecting mother realized that she was actually not pregnant, and so the 12th
Imam was never born.
These are but a few of the opinions of those who claim to follow the Madhab of Imam
Jafar. Let us now study his life to determine if such claims were actually from Imam Jafar.
Imam Jafar as Sadiq bin Muhammad al Baqr (80 AH to 148 AH) was born in Madinah
and is the nephew of Imam Zaid and grandson of Zain Ali-Aabideen. The Shi’a consider
Imam Jafar as the sixth Imam. His father Muhammad AI-Baaqir used to be approached
by people like Safyan Ath-Thawri, Sufyan bin Ayaynah and Abu Hanifah in their quest for
knowledge. Al Baaqir highly respected Abu Bakr, Umar, and Uthman (raa), and he used
to say: “He who does not recognize Abu Bakr and Umar is ignorant in the Sunnah.”
In another occasion he told his student Jaabir Al Ja’fee: “0 Jaabir I know that some
people in Iraq claim that they like us, but they try to undermine Abu Bakr (‘ra,) and Umar
(ra) claiming that I instructed them: to do so. Tell them, that indeed, I denounce them for
the sake of Allah, and if I were in charge, by him in whose hands is the soul of
Muhammad, I would slaughter them, and shed their blood in order to get closer to Allah.
May the intercession of Muhammad not cover me if I do not ask Allah to forgive both Abu
Bakr and Umar and give them, both His mercy. Allah’s enemies are absent minded and
neglectful of them.”
Muhammad Al-Baaqir used to do Tafseer of the Quran, report Hadith whether the reports
came through Ahi-ul-Bayt or from the other Sahabah (raa) without distinction. He was
actually married to the granddaughter of Abu Bakr As-Siddiq, and Imam Jafar was born
from this marriage. This means that his mother’s line ended with Abu Bakr (ra) while his
father’s ended with Ali bin Abi Talib (ra).
Imam Jafar grew up in Medinah where the Sahabah (raa), their traditions and works
remained and where the Tabi’een used to live. He used to stay close to his grandfather
Zain ul-Aabideen, where the Tabi’een would come to discuss issues of Islam with Zain.
Therefore, Imam Jafar would take from both the Tabi’een and from Ahl ul-Bayt. His
mother was also the daughter of Qaasim bin Muhammad bin Abu Bakr, one of the seven
great Tabi’een, whom people like Imam Malik used to study. This shows that Imam Jafar
had a wide and comprehensive understanding of Islam.
With the death of his father, he continued seeking knowledge. He used to study in depth,
the opinions of different scholars, and after a long debate with Abu Hanifah, Abu Hanifah 82
declared: “The most knowledgeable person is the one who is the most knowledgeable of
their differences, “referring to Imam Jafar. Many scholars such as Imam Malik and Abu
Hanifah used to sit and take reports from him.
Imam Jafar and Public Life
Jafar witnessed at an early age, his uncle’s move against the Ummayyad Khalifah. He
realized how his followers had let him down. Therefore, he was able to develop a
complete image about the people who were calling themselves the Shi’ah. Later on, in
the Abbasid Khilafah, since they were also from Bani Hashim, it was expected that the
situation would change for the better with Ahl ul-Bayt.
However, when some of Ahl ul-Bayt rebelled against the Abbasids another massacre
occurred and another era of persecution was witnessed by Imam Jafar. So we find him
trying to keep away from the political life as much as possible, and he never claimed the
Bay’ah for himself. However, this does not mean that he did not have nor develop
political opinions. In his era, the extremist opinions of Shi’ah appeared. Such ideas
included that the Sahabah (raa) being Kuffar, the slandering of Abu Bakr and Umar (raa),
and claims that such ideas were from Jafar and Imam Al Baqir. Also in his era, the
Khattabiyyah, another deviant group, emerged.
The Khattabiyyah movement was developed by a Persian named Abul Khattab, who
claimed Prophethood. Imam Jafar took the responsibility of clearing the mess being
purported by the Khattabiyyahs which caused him to suffer a lot in this cause. For
example, it was reported that the Khalifah Al Mansoor summoned Imam Jafar to him,
based on reports that Imam Jafar was collecting Zakah on his own. He later found that
this claim was false and was probably spread by the enemies of Imam Jafar.
Fiqh of Imam Jafar
Beside his struggle to clean up the mess of the deviant people, Imam Jafar also made
great contributions to Fiqh and Hadith. The Fiqh of Imam Jafar is considered to be one of
the Fiqh from the Sunnah. However, there are some people who claim themselves to be
Jafaris who try to present a different picture of Imam Jafar.
Al Kulaynee, in his book Al Kafee, claims that Imam Jafar has a special ‘lim which was
carried from the well of the Prophet to Ali (ra), and then to the other Imams, arriving to
Imam Jafar, who then transferred it to the remaining Jafari Imams. This special
knowledge Al Kulaynee called Al Jafr. This Jafr gives to the imam who carries or has it,
knowledge of the Ghayb or the unsensed, and it seems as if this claim actually came
from Al Khattabiyyah.
Such claims are not at all expected or suspected to be from the honorable and
trustworthy Imam Jafar, especially when we realize that the reporter, Al Kulaynee,
purports claims that the Quran was tampered with. It is clear that these heretic claims
attributed to Imam Jafar and Imam Zaid are false, and that these honorable and
trustworthy Imams would not have said such things.
Finally, the Muslim Ummah has witnessed turmoil throughout its history. We now have to
come to realize that blaming each other for the division of the Ummah is not the answer
to our current problems. The Muslim Ummah has to agree on the issues of Islam that are
undebatable, and it has to realize that there are issues where it is natural for differences
to arise, and so room has to be given for those differences.
83
The Ummah has to agree that there is no God but Allah (swt) and that Muhammad is His
last and final Messenger; that no revelation was delivered to any one else after him; that
he did not hide any aspect of the Message nor did he give parts of it to a special elite.
The Muslim Ummah must realize that it must be ruled by Islam, and that the Islamic State
should adhere to the texts of Islam, i.e. Quran and Sunnah, and that it must deal with
everyone from the Islamic point of view regardless of race, color, sex, sect, or religion.
The Islamic State and the Khilafah is not a theocracy, the Khalifah is not God’s
representative in earth, and infallibility is a prerequisite for Prophethood because it
cannot be imagined that the Prophet (saaw) could make a mistake in delivering the
Message. The Khalifah does not need a prerequisite of infallibility since his role is to only
implement Islam, which was already completed and sealed with the death of the Prophet
(saaw), without any room for deletion or addition.
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10.0 DO WE NEED A NEW SCHOOL OR MADHAB?
Some claim that it is mandatory to adhere to one Imam or one school of Fiqh. This is
completely wrong since we are ordered to follow Islam and not to one specific human
being. And the person who meets the requirements of Ijtihad does not have to adhere to
one specific school of thought. Even if someone is not a Mujtahid, he does not have to
follow one specific school. Rather, each individual is ordered to follow the Shariah which
is extracted or deduced by Mujtahids. Consequently, the adherence is to the Shariah and
not the Imam or the Mujtahid. This point was emphasized by each of the scholars and
Imams.
On the other hand, the claim that we need a new school of Fiqh due to the current
situation of the Muslim Ummah is unfounded. Since what is really needed is the
application of Islam in a comprehensive way, and not just to develop another school
among the other already existing schools of Fiqh. There are however, two factors that
must be kept in mind.
1. New problems emerging daily, in every era and every generation, and that
2. The Ummah is ordered to follow the divine rule to solve any problem.
These two factors require therefore, that every generation of the Muslim Ummah must
have at least one Mujtahid amongst them in order to address the newly arising problems.
In order to deduce the Hukm Sharii, this Mujtahid does not have to discuss old problems
since they are already addressed. Therefore, in this regard, the need is for Mujtahids to
meet the requirements of Ijtihad, in order to address new problems and not necessarily
form a new school of thought.
However, the presence of vast numbers of Mujtahids among the Ummah to find solutions
to the newly arising problems was greatly reduced when the doors of Ijtihad were closed.
This tragic event took place after the sacking of Baghdad in the Seventh Century Hijri.
This led to a problem in the Ummah because closing the door of Ijtihad resulted in very
few people who could perform Ijtihad. Thus the newly arising problems were not being
solved through the Shariah.
The closing of the doors of ljtihad resulted in the development of various philosophies
concerning the status of the Ummah in its adherence to Islam. These philosophies can
be summarized as follows:
A) Some people started issuing opinions concerning the new problems, from their
own minds, without any Daleel or specific methodology of conducting ljtihad.
B) Others prematurely jumped to answers without acquiring the necessary
prerequisites for Ijtihad, claiming that Ijtihad should not be closed and that the
current situation provided everyone with the chance to perform Ijtihad.
C) Others began undermining Ijtihad, claiming that every issue is debatable and
therefore it is up to the individual to pick and choose whatever is most convenient.
85
All of these claims mentioned above are invalid because they caused Muslims to
start taking their desires, wishes, intellect, or someone else’s intellect as a
reference, while we are ordered to take Islam as the one and only reference.
Doors of Ijtihad should not have been closed because without Ijtihad new problems
would not be addressed by the Hukm Sharii. Yet, at the same time the doors of Ijtihad
should not be flung open without any restrictions, controls, or requirements. There are
actually many require-ments to be met in order to meet the qualifications of a Mujtahid,
including sincerity, and justice.
D) Others began taking advantage of the existence of the many schools of thought
by shopping around for the most convenient opinion and compiling strange
verdicts of each Mujtahid. These people went to each Madhab separating the
lawful opinions from the unlawful things of the Madhab. They took the lawful
verdicts, leaving the unlawful, until ending up with a new Madhab where
everything is lawful and nothing is unlawful. This action is a major deviation from
Islam.
Imam Al-Bayhaqee reported:
“Isma‘eel Al Qadee said: ‘One day I entered to Al Mu‘tadid, one of the Abbasid Khalifahs,
and immediately he showed me a book to read. I found that the author had compiled in it,
the strange sayings of evey Alim. So I told the Khalifah that the author of this book is a
heretic. The Khalifah asked why this was so, and I told him that those sayings were not
presented by the scholars as they are presented in this book. He who legalized the
Mu‘tah marriage did not legalize singing, while he who legalized one action would not
legalize another action. Additionally, each Alim has strunge opinions, so if one would
compile the pitfails of all of the Imams, and adopt them, then the Deen would be lost. The
Khalifah then ordered the book to be burned.”
Imam Al ‘Awza’ee said: He who traces the strange opinions of the scholars is out of
Islam. You would find a scholar with a lot of knowledge and value, and also with a pitfall.
So if a person was to collect the pitfalls of all the scholars and form a new Madhab, then
what kind of ‘ilm would you have?” (Salman Al Udeh, Who Has the Right to Make Ijtihad,
p.13)
E) Others claim that having different Madhab is wrong and that we need to reunify
all of the Madhabs and come under one single Madhab, completely free from
sectarianism and firmly based on sound scholarship. This, they claim, would be
the prerequisite toward reunification of the Ummah and then after this, would we
look toward establishing the Khilafah.
The presence of the many Madhab was not in itself an objective. The objective is to
understand the rules in order to execute them. The understanding of the text leads to
different opinions, which leads to different Madhabs. Due to reasons listed in section 9.3
(The Reason for Differences of Opinion Among the Mujtahideen), there exists legitimate
differences amongst Mujtahideen. Trying to eliminate the possibilities of having more
than one understanding goes against the nature of Islam, and the nature of human
beings, which Allah (swt) created.
Those calling for this single Madhab are in fact adding a new Madhab to the already
existing ones. This is due to the fact that a person might disagree with this new Madhab,
for valid reasons, and would finally adhere to his understanding. It should be understood 86
that sovereignty belongs to the Islamic legislative sources, which came from the Wahiy. If
everyone keeps this idea in mind and is ready to abandon his own opinion in order to
adopt an opinion based on the Daleel, the problems would be eliminated.
If we study the numerous examples during the era of the Sahabah (raa) we can find that
in the days of Abu Bakr (ra), there were differences among the Sahabah (raa). However,
none of them postponed working for the Khilafah until all opinions were melted into one
single opinion. Actually they realized that, what was needed more than anything else,
even more than the immediate burial of the Prophet (saaw), was to elect a Khalifah who
would take care of their affairs by implementing all of Islam, thus establishing an
environment in which the society would be able to cope with any issue that it is faced
with.
Similarly, what is needed presently is this same authority which establishes and
implements Islam. However, as long as the Ummah is preoccupied with calls such as
working to unite under one new Madhab, which is a call to keep and prolong the rule of
Taghoot, the Ummah will continue to be disunited, misdirected, with its problems continu-
ously multiplying With no mechanism to solve its problem, the Ummah will continue to be
manipulated by those who rule over it with the rules of Kufr.
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11.0 TAQLEED
Taqleed linguistically means to follow others without thinking. As a juristic term it means
to follow a Mujtahid’s Ijtihad without comprehending the Daleel. In other words, the
Muqallid (a person who practices Taqleed) may or may not know the Daleel. In addition,
one may not know the reason for using the Daleel even though they know the Daleel.
There are two types of Muqalid:
A. Muttabi’a is the follower who acquaints himself with the Daleel (evidence) used by the Mujtahid to
arrive at the Ahkam but he does not have to comprehend the reason for using the specific Daleel.
B. Ammi is one who follows a Mujtahid’s Ijtihad without asking for a Daleel.
11.1 Daleel for performing TaqIeed:
“We have not sent before thee but men whom We reveal to them.
So ask the people of knowIedge If you know not.” (An-NahI: 43)
This Ayah was revealed in response to the disbelievers’ argument that Muhammad
(saaw) was a human, but the meaning is general in the Arabic language; the meaning is
that Allah (swt) orders those who do not know to ask those who know. Hence, Taqleed
only in the Hukm Sharii is allowed for every Muslim. This understanding is further
supported in the next paragraph by the incident narrated by Jabir (ra).
Jabir (ra) has narrated that one man suffered a wound to his head. Whilst sleeping he
had a wet dream. He asked the companions if he could make Tayamumm. They said that
he had no excuse for not performing Ghusl. After performing Ghusl the man died. When
the Prophet (saaw) was in formed of the incident he (saaw) said:
“Verily it was enough for him to do Tayamumm. to place a piece of
cloth on his head, which he should then wipe (Mas’h) and then for him to
wash the rest of his body.” He (saaw) then said: “They (the companions)
should ask if they do not know.” (Abu Daoud, Maja, Ahmad)
Thus, the Prophet (saaw) made it very clear to the companions that they should ask
about the ruling if they are not aware of it.
G-12 88
11.2 Muslims Must Ask for Daleel
Having given the Daleel for the permissibility of practicing Taqleed in Islam, it is crucial to
point out that the follower must, when an issue confronts him, ask about its Hukm and
Daleel. Our worship includes the pursuit of knowledge. As slaves of Allah (swt), we must
know Allah’s rule for every action we perform.
Narrated by Abdullah bin Amr: I heard the Prophet (saaw) say,
The Prophet (saaw) said: “Allah does not remove the ‘ilm after it was
given to you, rather the ‘ilm would be removed with the death
of the ‘Ulema. Then some people, who are ignorant, will start giving
their Ra’ee based on their desires and they are misled and will lead
the Ummah astray~” (Bukhari & Ahmad)
For Muslims to avoid the consequence of this Hadith, they must ask for a Daleel before
performing Taqleed.
11.3 Taqleed is not practiced in the Aqeedah (Belief)
It should be clear that the subject of Taqleed is limited to the Hukm (rule) and does not
include the Aqeedah (Belief). It is forbidden to make Taqleed in the creed, i.e. Aqeedah.
Allah (swt) say’s,
“And If they said to them follow what Allah has revealed, they saId
but we follow what our fore fathers left for us. Even If their fathers
understood not, and were not guIded.” [Al-Baqarah: 170]
11.4 Muqalid Shifting from One Opinion to Another
Sometimes it occurs to a person that he can choose between two rules derived from the
Ijtihad of two Mujtahideen. For example, does touching one’s wife break the Wudhu? G-12 89
Imam Shafii says yes. Imam Abu Hanifah says no.
Both opinions are based on the Daleel. Some say that Islam is easy therefore choose the
easiest. After all both are Islamic opinions. To blow one of the opinions because of one’s
desire is totally Haram i.e forbidden). Because following an Islamic opinion means
following the Hukm Sharii. The obedience to Hukm Sharii is not based on hardship,
easiness, or benefit. How then does a Muqalid choose between two Islamic opinions?
Allah (swt) says:
‘If you dispute in a thing return it to Allah and the Prophet.’ [An-NIsa: 59]
The Muqalid should return to Allah (swt) and the Prophet (saaw). In practice, it means
choosing the Mujtahid whom he is convinced with as having the correct ruling for the
issue. Choosing the correct Mujtahid can be achieved through:
Studying the opinion of the Mujtahideen and following the one that is most convincing. If
a Muqalid does not know the evidence or is unable to verify the strength of the evidence,
the best qualification to look for in a Mujtahid is a high degree of knowledge and Taqwa.
As a note of caution, it should be understood that one is not making Taqleed to the
personality of the Mujtahid himself. If one follows a Madhab, one is not following a
founder because of his personality, but because one believes that he had the correct
understanding of Hukm Sharii on the issue. One must realize that he is obeying the
Hukm Sharii not Imam Abu Hanifah or Imam Shafii.
Following the Ijtihad of a Mujtahid is permitted in Islam. This is supported by Quran,
Sunnah, and Ijma as Sahabah. Throughout our history, the Muslims have been practicing
Taqleed, to the extent that at one stage the door of Ijtihad was closed and everyone was
making Taqleed. This step was wrong because the existence of Mujtahideen in the
Ummah is Fard (obligatory).
The problem we face today is not the problem of Taqleed, but the problem of ignorance.
Even if everyone reaches a very high level of Islamic knowledge, some people will still be
practicing Taqleed as happened during the time of the Sahabah (raa) and Tabeyeen.
We acknowledge that the loyalty to the Madhab has resulted in many problems, but this
is the fault of the people’s ignorance and not the existence of the Madhab. If the
Madhahib were abolished and everyone was forced to make Ijtihad by themselves, the
Muslims would be lost. In the same way that not all people are capable of becoming sur-
geons or lawyers, we cannot expect everyone to reach the level of a Mujtahid.
Taqleed is a necessity for those who are not capable of extracting the Hukm (ruling)
directly from the text. This matter applies on all Muslims who do not know the Arabic
language, Fiqh, etc.
Nevertheless, three crucial points need to be made on the subject of Taqleed:
G-12 90
‘We do not descend but by the command of your Rabb.
To Him belongs what is before us, what is behind us, and
what is between. And your Rabb never forgets ‘ (19: 64)
Gibrael (as) used to come every year for the purpose of listening to the Quran from
Muhammad (saaw) and checking the memorization. In the year in which Muhammad
(saaw) passed away, Gibrael (as) went to Muhammad (saaw) twice to listen to his (saaw)
recitation.
12.1.1 Forms of Wahi’y (Revelation)
Although the word Wahi’y (revelation) was used linguistically in various meanings in the
Quran, as a term it means:
Allah’s (swt) teachings revealed through a medium to one of His Messengers.
The Wahi’y could mean the speech of Allah (swt) or could mean the process of relaying it
to the Prophets, or the angel who used to carry the Message from Allah (swt) to the
Prophets.
Those who claim to be Messengers must provide proof that they have actually received
the revelation. This proof is called Mu’ajizah or miracle. Aliracle is the actual altering of
one or more of the natural or universal laws. Since any such altering can only be
achieved by the Will of Allah (swt), if a person is imbued with any such ability then such a
person could only have done so by the Will of Allah (swt). This would prove that whatever
he has was sent by Allah (swt). Regarding this issue, Allah (swt) says in Surah Ash-
Shura: 51:
“It is not fitting for a human that Allah should speak to Him
by revelation or behind a veil or by sending of the angel
of revelation to reveal, with Allah’s permission, what
Allah wills.” (Ash-Shura: 51)
G-12 91
The Ayah mentions the three forms of revelation:
A. Talking to a Prophet behind a veil. This happened to Musa (as).
‘And to Musa Allah Spoke’ (An-Nisa: 164)
This also happened to Muhammad (saaw) once and was
mentioned in Surah An-Najm: 5-10.
“He was taught by one Alighty in Power. Endued with
Wisdom: For he appeared (in stately form). While he
was in The Highest part of the horizon. Then he
approached And came closer. And saw at a dIstance
of but bowlengths or (even) nearer. So did (God)
convey the inspIratIon to His Servant-(Conveyed)
what He (meant) To convey.” (An-Najm: 5-10)
B. Relaying the meaning to the Prophet (saaw) either while he is awake or sleeping
(dream).
C. Sending of the Angle Gibreal(as) himself. In Sunnah 26:192-193, Allah(swt)
say’s:
‘With it comes down the truthful spirit to your heart.’
(Ash-Shura: 192-193)
G-12 92
Gibrael used to come in the following forms:
The loud ringing of a bell, heard only by the Prophet (saaw). The Prophet (saaw)
say’s
“Sometimes the Wahi’y comes like the
ringing of the bell and this is the hardest of
all. When this State passes, I grasp what was
revealed:” (Bukhari)
When this would happen, thosewho were around the Prophet (saaw) would
realize the presence of the Wahi’y without being able to sense or comprehend it.
It was reported on the authority of Ayesha (raa):
“I saw the Prophet (saaw) once receiving the
revelation on a very cold day and noticed the
sweat dropping from his forehead once the
revelation was over” (Bukhari)
2. In the shape of a man.
“And sometimes, the angel would come in the form of a man”
(Bukhari)
3. The angel would come in the form of his original shape, as it was the case at the
first time of the revelation.
12.1.2 Differences Between the Revelation of Quran and Sunnah
Although the Wahi’y has different forms, the Quran was revealed directly through the
angel of revelation, Gibrael (as). It was never revealed to the Prophet (saaw) by a dream
or any other means. The Sunnah, however, can be revealed to the Prophet (saaw)
through any of the aforementioned forms of al Wahi’y. Needless to say, all forms of
Wahi’y have the same validity. The Prophet (saaw) said: G-12 93
“One of you who while reclining says, ‘this is the book of Allah (Quran), what is in
it from that is halal, we’ll use it as halal, and what is in it from the haram, we’ll take
as haram.’ But whoever delivers from me a Hadith and he lies in it, he has told a lie
on Allah and his Messenger...” (Both of the above mentioned Ahadith are reported
in many sayings by Abu Daoud, Ahmad and many others.)
The Quran and Sunnah are the only two ways by which Allah (swt) has chosen to reveal
Islam. The revelation can be of two kinds:
A. By the word and meaning.
B. By meaning alone.
The Quran was revealed with the words and its meanings. For example, the words
Malikiyoummidiin in Surah al Fatiha is revealed by Allah (swt) with the words and its
meaning. The Prophet (saaw) did not insert or delete any part of the Quran. On the other
hand, the Sunnah is revealed by the meaning and the Prophet (saaw) expressed it in his
(saaw) own words.
12.2 Role of Aql
To some, the subject of the role of intellect in Islam seems quite bizarre. Unfortunately,
the lack of awareness about lslam yields such an understanding. Through researching
the Quran and the life of the Prophet (saaw) it is apparent that much emphasis was
placed on this subject by the revelation. It is natural for the revelation to address this
subject because, in order to formulate a specific behavior, the individual’s way of thinking
must be addressed. When the revelation addressed this crucial issue it did so in such an
effective manner that it took only one Ayah for the entire society to abstain from alcohol.
Prophet Muhammad (saaw) not only clarified matters of law to the people that dealt with
their actions but also directed their intellect and clarified its limitation.
This is evident when the sun eclipsed during the time of the Prophet (saaw) on the same
day that his (saaw) son Ibrahim died. When people suggested that the sun eclipsed
because of the Prophet’s (saaw) son’s death, he (saaw) told them that the sun and the
moon are signs from Allah (swt). They do not eclipse for someone’s death or birth;
therefore there is no relationship between the two events.
This method of directing of the intellect and sound principles of reason were at work
when the Prophet (saaw) cleared the misunderstanding of a group of people when they
said that rain occurs due to the influence of the star, telling them that the Lord of the star,
Allah (swt), causes the rain to occur. These are just two of the many examples
addressing the role of the intellect.
Having understood that Islam directed the people’s intellect, the next question which
arises is what exactly is the position of the intellect in Islam? G-12 94
In Islam, the role played by the intellect is a very significant one. The intellect is used to
understand and accept the Islamic Aqeedah (doctrine) and is the only acceptable method
to enter Islam. Islam compels the use of the intellect to believe in Allah (swt) and forbids
imitation (Taqleed) in Aqeedah. There is no concept of blind faith as it occurs in
Christianity and other religions.
Islam provides rational evidences to prove the existence and the One-ness of Allah (swt),
the Prophethood of Mohammed (saaw), and that the Quran is the word of Allah (swt).
Thus the foundation of Islam is built upon conviction through the intellect. Through this
sound proof, the intellect and the heart are satisfied and are devoid of any blind faith and
superstitions.
Since the authenticity of the Quran and Prophethood of Muhammad (saaw) is built upon
the intellect, the belief in beings such as the angels and Jinns, or descriptions of heaven
and hell are based upon the authenticity of the Quran and the Prophethood of
Mohammed (saaw).
Once the Aqeedah of Islam is arrived at intellectually, the intellect then plays a different
role. It plays a role of only understanding the issue and the revelation and then applying
the revelation to the issue. The intellect uses the revelation as a source to derive rulings
on any issue, from Wudhu (ablution) to the foreign policy of the Islamic State.
It is important to realize that the intellect cannot be used to conjure up a reason for a
ruling, unless the reason is mentioned in the text. Claiming a reason for any ruling implies
that we can comprehend what Allah (swt) intended for that ruling, which is impossible.
For example, we cannot use the intellect to infer a reason for why we perform Wudhu.
The intellect would probably lead one to assume that it is for the sake of personal
hygiene.
However, if water is not accessible then we are supposed to do Tayamum (a series of
actions requiring one to wipe themselves with dust). If the reasoning behind Wudhu is
cleanliness, then why would Allah (swt) order us to wipe ourselves with dust if water is
inaccessible?
The proper use of the intellect can be seen in the actions of the Sahabah (raa). During
the battle of Badr the Prophet (saaw) had stationed the army at a certain location.
Khabab bin ai-Mundthir (ra) inquired from the Prophet (saaw) whether his (saaw)’s
decision was based on the revelation or a tactical decision?
Prophet (saaw) replied by saying that it was a tactical decision. Upon this Khabab bin al-
Mundthir said that the location was a wrong one. From this incident we can see that the
Sahabah (raa) recognized the fine line between the revelation and the intellect. They
never used their thinking to pass judgments on the revelation.
In other ideologies the intellect plays a role which it cannot fulfill. In Western
democracies, intellect is given the unlimited role of organizing mans’ life; however, it is
subject to biases, disparity, differences, contra-dictions, and the influence of the
environment (lobbyists). Consequently, man-made systems suffer from these same
biases, disparity, differences, contradictions, and influence. Whereas the intellect in Islam
is used not to legislate laws but to understand the revelation and to apply it.
With regard to the intellect, Muslims need to have the same awareness of the fine
line between revelation and AqI that Khabab bin al-Mundthir(ra) had. Unfortunately, G-12 95
Muslims have begun to exercise their intellect to pass judgments on the rulings
given to us by Allah (swt), e.g. Salat is good exercise, Fasting is good for the body,
etc. Furthermore, in some cases Muslims have started to prefer the ruling of man-
made laws to those of the Creator of the Universe, Allah (swt).
G-12 96
12.3 Does the Shariah Apply on Non-Muslims?
Allah (swt) says:
‘We have sent you not but as a mercy
for all creatures.’ [Al - Anbiyya: 1071]
‘We have sent you but as a Messenger
to all mankind, giving them glad tidings,
and warning them against sin, but most
men know not.’ [Saba: 107]
These Ayah are very clear that the Prophet (saaw) was sent for the whole of humanity
and not just for the Muslims. Furthermore, the Prophet (saaw) applied Islam on the non-
Muslims in the Islamic State. Thus, the non-Muslims were subjected to the same Islamic
System of ruling, economics, punishments, and judicial processes as Muslims were with-
out any discrimination. However, the performance of prayer, fasting, etc., are only
accepted from the Muslims since the prerequisite for performing these acts of Ibadah
(worship) is to be a Muslim.
Finally, based on Islam, the Non-Muslims are allowed to practice their own religion,
marital, and divorce affairs according to their beliefs. Furthermore, they are treated in the
matters of food and clothing according to their religion, within the rules of the Shariah.
12.4 Is Prophet Mohammad (saaw) a Mujtahid?
As defined earlier, a Mujtahid is a person who studies the problem thoroughly and seeks
the solution from the sources of Shariah. However, the Messengers, bring the Message
which includes the Shariah. There is an apparent difference between the two terms. One
brings the Shariah while the other goes to the Shariah to extract rulings. Also,
Mohammed (saaw) was guided by the revelation. Allah (swt) say’s:
‘Nor does he speak of his desire. It is no less than
the revelation sent down to him.’ (An-NaJm 3-4)
The Mujtahideen are not guided by the revelation because there is no more revelation
after Mohammed (saaw). A Mujtahid’s Ijtihad can be wrong. The Prophet (saaw) say’s:
G-12 97
“Whosoever does Ijtihad and errs therein shall have one reward.
And whosoever performs Ijtihad and is correct shall
have a double reward.” (Bukhan & Muslim)
If Prophet (saaw) is considered a Mujtahid then there is a possibility of him (saaw)
making a mistake in delivering the Message and then the revelation corrected him
(saaw). Then, this implies that in the time it takes for the revelation to correct the matter,
the Message delivered by Mohammed (saaw) was wrong which is completely absurd.
The only arguments which are brought in support of the Prophet (saaw) being a Mujtahid
are:
When a blind man came to learn Islam from him (saaw) and Allah (swt) in this regard
addressed the attitude of the Prophet (saaw). Allah(swt) say’s
‘(The Prophet (saaw)) frowned and turned away,
because there came to him the blind man
(interrupting). But what could tell you that
perchance he might grow In purity? Or that he
might receIve admonition and the reminder might
profit him? As to the one who regards himself as
self sufficient, to him does you attend. Though it
is no blame to you if he grow not in purity. But as
to him who come to you striving earnestly and
with fear (In his heart) of him as though
unmindful. By no means (should it be so) for It Is
Indeed a Message of remembrance,’ (Abasa 1-11)
The Ayah is addressing what happened with Abdullah ibn Ummi Muktum when he came
to the Prophet (saaw), wanting to learn the Quran while the Prophet (saaw) was giving
Dawah to one of the heads of Quraysh.
In this situation The Prophet (saaw) had two options, either to attend to Abdullah ibn
Ummi Muktum or continue the Dawah with the heads of Quraysh; he (saaw) chose the G-12 98
latter. Both actions were Mubah (permissible) and Allah (swt) preferred for him (saaw)
the other option. Moreover, the structure of the Ayah does not indicate the Prophet’s
(saaw) choice as being Haram!
The other Ayah which is brought is during the battle of Badr:
‘It is not fitting for a Prophet (saaw) that he
should have prIsoners of war until he has
thoroughly subdued the land. You look for the
temporal goods of thIs world. But Allah looks
to the hereafter. And Allah is Exalted in might,
Wise.” (al Anfal:67)
In the succeeding Ayah Allah (swt) mentions that no sin was committed when the
Prophet (saaw) took in prisoners for ransom.
‘Had it not been for a previous ordainment
from Allah, a severe punishment would have
reached you for the (ransom) that you took.’
(al Anfal:68)
Again even in this incident the Prophet (saaw) had two options: either to keep on killing
the Kuffar or to stop and take the Kuffar as ransom. He (saaw) choose the latter option,
but Allah (swt) preferred for him (saaw) to continue on killing the Kuffar in the battlefield.
Thus, neither argument supports the claim that the Prophet (saaw) was a Mujtahid.
Some “scholars” claim that there is no problem in changing the Fiqh due to the change in
environment or circumstances. The proponents of this view give the following
justifications:
A. Fiqh is a human interpretation while the Shariah is Hukm Sharli which Allah (swt)
revealed. The Shariah is the Wahiy (revelation) but Fiqh is open to different G-12 99
interpretations. Thus, Fiqh is not a revelation and can be changed.
B. Some rules in Islam are based on Urf (traditions); the emergence of new
traditions would trigger a change in the Fiqh.
C. The Sahabah (raa) have changed some rulings of the Prophet (saaw). For
example, if the camel was misguided the Prophet (saaw) recommended to leave
it because it will find its own way. On the other hand, Umar (ra) asked the people
to bring the lost camels to the Islamic State where the camels can be kept for the
owners to claim them.
D. Imam Shafii changed his Madhab when he went to Egypt due to the new
environment.
Some scholars went as far as to say that the Jizya can be canceled because in
the past the non-Muslims didn’t participate in the Muslim army, but now they are
participating in the army and defending the land; therefore, they no longer have
to pay Jizya.
Others expressed that the unity of the Muslim Ummah is not a must, and the reason that
52+ states exist is because of life’s complexity. They arrive at the conclusion that we are
no longer in need of the Khilafah because rules are subject to change.
To discuss these issues, we must understand that Islam came to organize man’s life with
all its intricacies and to regulate man’s affairs. Man’s instincts and organic needs have
not changed at all and will never change. What changes under the march of time are the
tools and means that man uses to satisfy his needs. For example, man can eat either by
hand, spoons, forks, sticks, but nevertheless he has to eat. The only thing that has
changed is the method of satisfying the need.
Islam has come to organize and regulate man’s organic needs and in-stincts. The rules
for this regulation cannot be changed. But as new problems arise, we need new rules,
and this is the task of the Mujtahid. Carefully note that this is not considered changing the
rules at all.
Fiqh is the totality of Hukm Sharii taken from the Islamic sources (Quran, Sunnah, etc.).
Thus, Fiqh is not a body of man-made laws because it is based on these sources. Ijtihad
is the process of understanding, studying, and analyzing the texts and extracting rulings.
Evidence from the sources of Shariah to justify the extracted ruling is an indispensable
part of Ijtihad. The human effort in Ijtihad does not produce man made laws. The
Mujtahid cannot take two different rulings for the same issue at the same time; however,
he may later discover the misunderstand-ing of his Daleel and choose another ruling.
Thus, there is no difference between Fiqh or Shariah.
The Sahabah (raa) did not change the Fiqh in any way whatsoever. What they did can be
categorized as one of the following:
1. Applying a rule by having its Daleel or changing a rule for another Daleel
2. The Khalifah has the responsibility for taking care of the Ummah’s affair in any
way he finds most effective. This may change from time to time. For example,
Umar (ra) asked the people to bring the lost camel to the State authority. While,
the Prophet (saaw) said to leave the camel and it will find it’s owner. During the
days of Umar (ra) the State was growing and someone had to take care of this G-12 100
matter. Since the Khalifah is the caretaker of the Ummah, Umar (ra) asked the
people to bring the camel to the state.
What Imam Shafii did was that he changed his methodology completely; this point was
discussed earlier in the book.
If some rulings are connected with the Urf (custom), the ruling may differ from one place
to another but this is not changing the Fiqh because the ruling still exists. For example, a
custom might dictate that the dowry should not be mentioned. This is acceptable
because the ruling to pay the dowry must still be carried out. In other words, if dowry was
not mentioned in the contract, then judge would look at the Urf (custom) of the city or
village and compare the dowry of another woman with the similar status. Another
example is of a worker employed without specifying the wage, then the judge would
observe what the people paid for a similar job.
12.6 Need for an American Fiqh?
The development of a Fiqh tailored towards the Muslims of North America has been of
recent discussion in some Muslim organizations. The justification for “American Fiqh” is
two fold. First, the arguement is that the old Fatwas are no longer applicable and
reinterpretations are necessary in order for Islam to be applicable to America. Secondly,
that Muslims in America face problems, which never existed before, and the solutions to
these problems have to be applicable to those specific problems that are faced in
America.
In two well known publications, Islamic Horizons and the Muslim, the idea of an
“American Fiqh” was discussed. Some of the points mentioned in the publications are the
following:
In Islamic Horizons (Volume # 17: Jan - Feb 1988) an article entitled “Legists, Law, and
the Wild West” discusses,
1 . The need for an “American Fiqh” to address problems faced in North America.
2. The gap of understanding existing between the scholars overseas and those in
North America due to the nature of the problem faced by Muslims in America.
Thus, the scholars from overseas are not qualified to issue rulings.
These points lead to the argument that Muslims need a new framework for a Fiqh
oriented towards America. This is necessary in order to answer such problems as
a woman accepting Islam while her husband remains a non-Muslim and issues
surrounding adoption, child abuse, wills, inheritance, and burials.
In the Muslim Journal (May 6, 1994), an article by Imam Vernon M. Fareed entitled
“Conference on Unity in Islamic Thought in America”, discusses the establishment of a
new Madhab as it was a topic of an Islamic conference in Ohio.
In that conference, Imam W. D. Muhammad suggested that all Muslims in his association
have to make Salat in a uniform manner. It was agreed upon in the conference to
research various areas of importance associated with Salat, such as the position of the
woman when praying behind her husband, the number of Sunnah prayers to be
performed before and after the Fard prayer, the Janazah prayer, Taraweeh prayer, etc. G-12 101
Many other topics, such as Tawheed and devotions, were also suggested for research.
The arguments used to justify “American Fiqh”, such as the need for Ulema “groomed” in
America or reinterpreting the Shariah so as to make it applicable in America are
emanating from a defeated mentality and an un-Islamic perspective.
From the Islamic perspective, the locality of the Mujtahid does not validate or invalidate
his Fatwa. This has never been a prerequisite for issuing a Fatwa. By definition, the
Mujtahid, whether living in America or in the Sahara Desert, has to be versed in the
Shariah as well as the problem before issuing any ruling. If a Mujtahid in Egypt was able
to understand the problem correctly, his ijtihad would be acceptable. Our discussion,
therefore, should be limited to the ability of the Mujtahid rather than his locality.
An issue such as an American woman accepting Islam while her husband remains a non-
Muslim is not a new issue. This problem occurred at the time of the Prophet (saaw) when
his (saaw) daughter Zaynab (ra) accepted Islam while her husband remained a non-
Muslim. Therefore, in order to solve this problem today, we need to go back to the legal
texts and study them in order to acquire the Islamic ruling. This applies to all other issues
as well.
With regards to issues involving adoption, wills, inheritance, and burial, these have rules
which are discussed extensively in Islam and cannot be changed for the new problems,
this requires a Mujtahid to extract rulings whether the problem happens in the East or the
West.
Regarding the issues of Salat or Tawheed, which were mentioned in the American
Journal, these are rules which are well defined and set. There are differences of opinion
in performing the Salat, but this is only due to the fact that the Prophet (saaw) used to
perform it in more than one way. Geography is an irrevievant issue when it comes to the
method of the Salat.
The idea of an “American Fiqh” is an alien concept which seeks to distort the nature of
Islam. The Shariah is being treated as a “Alickey Mouse law” rather than that of Allah, the
Supreme. This is a result of a defeated mentality which seeks to change the Shariah to fit
the society rather than changing the society to conform to the Shariah.
Does not the Seerah of Prophet Mohammed (saaw) inspire in us the motivation to
change the circumstance to apply what Allah (swt) ordered? If Muslims are allowed to
reinterpret the Shariah according to the environment, we will no longer need the Shariah
from Allah (swt) to organize our lives. This amounts to nothing short of assuming the role
of the Sharii (legislator), Allah (swt)!
Even though we have Hanafi, Shafii, Maliki and other schools of Fiqh, none of the
founders of these schools developed their Fiqh based on their environment. This is a new
idea propogated as a stepping stone towards a new Islam, one that is based on an
“American Fiqh” and an American Aqeedah. The differences in Fiqh amongst the
Mujtahideen was due to differential understanding of the text of the Quran and Sunnah,
not the reinterpretation of the Shariah to conform with the environment.
The Muslim Ummah does not need an “American Fiqh” because the term itself is wrong.
There is no Egyptian, Pakistani, American or Palestinian Islam in order to have a
Egyptian, Pakistani, American or Palestinian Fiqh. There is only one Islam and only one G-12 102
Fiqh!
G-12 103
12.7 Alinority Fiqh
Some Muslims claim that since Muslims in the West are minorities, this constitutes
grounds for establishing a Alinority Fiqh. For instance, a preposterous claim is made that
some of the rules of the “classical” Fiqh cannot be applied in an unlslamic Society,
including the Riba.
First of all, to have a minority mindset is alien to Islam. If Prophet Muhammad (saaw)
thought and acted as a minority to establish minority rights in Mecca we would probably
not be Muslims today. The Prophet (saaw) called for the comprehensive establishment of
Islam.
This was the attitude of the Prophet (saaw) from the very beginning of the Dawah. Thus,
Muslims should not think of themselves as minorities but rather as carriers of a Message
from Allah (swt).
The Ahkam (rules) in Islam are of two types:
A. Rules related to individuals such as praying, fasting, etc. Every Muslim has to
abide by these types of Ibadah whether Islam is applied or not applied in a
society and whether the person is living in Mecca or Paris.
B Rules which cannot be applied except through the Khilafah State, such as
applying the Hudud (punishment), collecting Jizya, etc.
It is not the responsibility of an individual to apply any punishment on behalf of the State.
This principle applies to Mecca or Paris. Whether a Muslim lives in the Islamic State or
not, he has to abide by the rules related to individuals. However, living in a non-Islamic
society does not signal a green light for Muslims to justify, patch, compromise, or alter
Allah (swt)’s rules. It should be clear to us that there is no justitication for a Alinority Fiqh.
As Muslims, we must have a deep rational conviction that Islam is from Allah (swt) and
therefore we must accept it in its totality. This fact should motivate us to live according to
Islam and to call the people to apply Islam in the society because Islam is not just
composed of rules related to individuals but is a comprehensive way of life, the Deen-ul-
Haqq
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Conclusion
Presently, the decline in the Muslim Ummah, whether it is political, economic, or
intellectual, is due to only one reason: the absence of Islam from our lives as a
comprehensive ideology.
The societies in the Muslim world are organized by un-Islamic systems, sprinkled with a
few Islamic rules related to marriage, divorce, inheritance, and Ibadah; While, laws
related to ruling, economics, education, and foreign affairs, have no Islamic orentation.
As an example, the educational curricula, to which the Muslims are subjugated, are not
designed to create the Islamic personality, whereby the individual judges and evaluates
issues of life according to Islam.
On the contrary, those who graduate from the educational curriculum in the Muslim World
limit their belief only to the spiritual aspect of Islam. They view life based on pragmatism
or benefit and consequently embark on actions rooted in these thoughts, while these
actions should have been based on the Daleel from Islam.
Issues related to the Islamic Aqeedah itself, such as arriving at the rational conclusion in
the existence of Allah (swt), are omitted from the present day curriculum. This threatens
to rip apart the very fabric which binds the Muslim Ummah together the Aqeedah. This
threat comes in the form of a discussion of Islam as a philosophical idea or a religious
dogma, lacking the ability to address contemporary problems and occurrences.
The impact of all of this has resulted in a crippling effect on the presentation and
comprehension of the Fiqh. People in the Muslim world view the Fiqh in the same light
that people in the West view theological or divinity studies, i.e. as an easy discipline,
studied by either the “religiously” inclined or by those who are not smart enough to study
the sciences or technology.
This view of the Fiqh is the direct result of the deviant educational curricula present in the
Muslim world. These examples are not only related to the educational system; rather,
they per-vade throughout the entire society, since the entire structure of the society is un-
Islamic.
In the midst of this environment, how can the Ummah once again flourish? After
destroying the Khilafah and then granting us pseudo-independence, the Imperialists
made sure that the Muslim lands would remain ideologically and intellectually occupied.
They achieved this by creating a gap in our personality whereby we would believe in the
Islamic Aqeedah yet not view life based on it. Thus, loosing the trust and confidence in
the ability of Islam to solve our problems.
Consequently, it is not surprising that the educational curricula producing such confused
Muslims are written by the international tool of our enemy, UNESCO, an agency of the
United Nations.
Realising this, the highest priority of the Ummah must be to bring Islam back into our
lives as a vibrant and comprehensive ideology. The total application and implementation
of Islam will stop the current decline of the Ummah. This task must not be undermined or
underestimated by the Ummah. It is a matter of life and death.
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“O you who Beileve! Answer the call of Allah
and His Messenger, when he Calls you to that
which will give you life; and know that Allah
comes in between a man and his heart, and that
it is He to whom you shall return.”
(Al-Anfal 8: 24)
As mentioned earlier, we are fortunate to be from the Ummah of Muhammad (saaw).
This pride and honor should stimulate, motivate, and mobilize us to work to regain the
rightful status of the Ummah of Mohammed (saaw) as leaders of the World. An Ummah
which brings to life the Ayah:
“We have not sent you (0 Muhammad) except as a Mercy
to all the Worlds” (Al-Anblyaa: 107)
This Mercy can only be presented to humanity, when the Shariah is implemented in
totality, embodied in a State.
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GLOSSARY
Abbaasid: The third major reign of Khllafah which began with Khalifah
Abul’Abbaas as-Saffaah (750-754 CE) and ended with the murder of
Khallfah al-Musta’slm (1242-1258 CE) at the hands ofthe Mongols.
Adl: Jusdce, upright and Just.
Ahkam: rulings and laws.
Ahi al Hadeeth: (lit. People of Hadeeth); a name given to the early scholars who
relied mainly upon the interpretations of the revelation (Qurari and
Sunnah) and not applying Qiyas.
Ahi al Rai: (lit. People of Reasoning): a name given to the early scholars who
used Qlyas and lstlhsan extensively as well as the Quran and
Sunnah.
Arnir ul Mu’ mineen: (lIt, leader of the believers): a title for the head of the Islamic State.
Amm: general. unspedfied.
Arnr: (p1. awamlr); a command to do something. matter. affair.
Ansar: (lit. ‘the helpers’); the early Muslims of Medina who provided the
Messenger of Allah (saaw) with the support.
Aqeedah of Islam: (lit. ‘tightened like a knot’); a decisive and definite rationale belief in
the fundamentals of islam.
AqI: intellect
Asbab al Nuzul: the occasions/reasons of the revelations.
As-Shath: a Hadith In which one credible reporter reports something that
disagrees with other credible reporters.
Athar: (p1. Aathaar); saying or ruling of the Prophet (saaw), Sahabah (raa),
or Tableen. It is more general than the Hadith.
Azlz: a Hadith reported by at least two individuals in every dass.
Baya’: business transactions.
Bayah: the oath of allegiance to the Khallfah.
Bayan: explanation. darification.
Bid’ah: innovation in matters of Ibadah.
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Da’eef: (lit, weak) a Hadith not meeting the requirement of either
Sahih or Hasan type of
Dalalah: pertaining to the meaning of the text.
Daleel: proof, evidence.
Dawah: (lit. ‘invitation’); propagation of Islam.
Deen: (lit, anything that is submitted or adhered to) Deen of Islam
(Islamic ideology) - not to be confused with religion. Deen is
acomprehensive way of life.
Dhaalr: (p1. Dhawaahir); the obvious literal meaning of a text from
Quran or Hadith.
Dhimmi: non-Muslims living under the authority of the Islamic State.
They are considered as citizens of the State and given all the
rights which every citizen of the Islamic State deserves.
Du’aa: (p1. Ad’eyah): supplication to Allah (swt)
Falli: actions.
Fard: an obligatory action. If the individual performs
the action then he is rewarded. Whereas. the
failure to perform the action results in a punishment.
Fasiq: a Muslim who intentionally. repeatedly. and
openly breaks the Islamic laws.
Fatwa: (p1. Fatawa); an Islamic legal opinion issued by a
reliable individual with/without mentioning the
Daleel.
Flqh: 1. knowledge of the rulings of Shariah which are
extracted horn the legislative sources.
2. synonymous with the term Shariah, i.e.
all the Islamic laws.
Furoo’: (sing. Fara’); branches, such as in the Furu al-FIqh, that is the
branches of Flqh, as opposed to Its roots and sources (Usul al
Fiqh).
Gharib: a Hadith reported by only one individual In one or more
classes.
Had: (lit. limit); prescribed punishment from Allah(swt) for a sin.
Halith: (p1. Ahaadeeth); a report conveying the sayings. actions, or
the approvals of the Prophet (saaw).
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Hajj: a compulsory duty on all adult Muslims of sound
mind and body once in a life time if they are economically
able. HaJJ can be defined as pilgrimage to the Ka’bah in
Mecca in order to perform certain prescribed rites of worship.
Halal: an action or a thing considered permissible or lawful. Fard,
Mandub, Makruh. and Mubah faii In the category of Halal
since there is no punishment for any of these categories of
actions.
Haram: a prohibited action. if the individual abstains from performing
the prohibited action then he is rewarded; other-wise,
punished.
Hasan: 1. a Hadith which meets the requirement of a Sahlh to a
lesser degree.
2. a Hadith accepted by the majority of the Fuqaha and
documented in reliable books of Fiqh (this definition is
adopted by Al - Khatabi).
Hijrah: the period of migration by the Prophet (saaw) and the
Sahabah (raa). from Mecca to MedIna In the year 645 C.E.
The Hijrah marks the establishment of the islamic State by the
Prophet (saaw) and the beginning of the Islamic calendar.
Hukm Sharli: Address of the Legislator related to the actions of human
being.
ibadaah: worship.
ljma: 1. to determine
2. to agree upon something.
ljma al Mujtahideen: agreement of the Mujtahldeen of the Muslim Ummah of any
period following the death of the Prophet (saaw).
ljma ahlel Bayt agreement of the household of Prophet (saaw).
ljma ahlel Medina: agreement of the people of Medina.
ljma al Ummah: agreement of the Ummah on a matter at anytime past
present, or future.
ljma as Sahabah: the unanimous agreement of the Sahabah (raa) on a point of
islamic law. This form of ljma is the only acceptable legislative
source.
ijtihad: exhausting all of one’s effort in studying the problem
thoroughly and seeking the solution from the sources of
Shariah up to the extent of feeling an inability to contribute
anymore. G-12 109
lkhtilaf: juristic disagreement
ilm ul Kalaam: a type of discussion related to the islamic Aqeedah
concerning Allah (swt)’s attributes. Prophethood, etc. During
the days of the Sahabah (raa), Musiims used to be confined
by the Quranic methodology when discussing such topics.
Some Muslims later started using Greek logic and its culture
as a basis for the discussion of the Islamic Aqeedah. In this
process Muslims began discussing issues beyond the scope
of the intellect.
imam: (lit. leader);
1. a title for the head ofthe Islamic State.
2. the title of the one leading the congregational prayers.
Iman: the strong belief in the Islamic Aqeedah without doubt
Islam: (lit, submission, peace). It is the Deen revealed to Prophet
Mohammed (saaw) for organizing mans relationship with
himself, his Creator, and with other human beings. islam is
addressed to all human beings.
It should be noted that the Shariah term is Submission and
Peace is achived when Islam as a system (Al-Khilafah) is
implemented correctly.
ismah: Infallibility, immunity from making errors.
Istihsan: shifting from one Qiyas to another Qiyas due to a reason.
Jihad: removing the obstacles which stand against the propagation
of the Islamic Dawah to the people.
Jizya: a spedfic amount of money paid by non-Muslims living in the
Islamic State to the State. It is collected only from those who
can afford to pay it.
Khamr: (lit. fermented grape Juice): In Islamic law it refers to all
intoxicants induding liquor, wine, beer, whisky. etc.
Kafir: (lit. ‘one who conceals the truth’)legally a non-Muslim. A
person who does not believe in Islam. Many situations can
cause a person to be categorized as a Kafir. Some of these
are denying a part of the Islamic Aqeedah or a condusive
Daleel. As an example daiming that Islam Is not perfect and is
not applicable in the 21 St Century would make a person
Kafir.
Khalifah: (lit. ‘successor’); the head of the Islamic State.
Khabar: (lit. news, report) synonym for Hadith.
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Khilafah: the Islamic State.
Khulafa: the plural of Khalifah.
Khulafa Al-Rashidon: the rightly guided Khalifah’s - the first four Khulafa; Abu Bakr,
Omar, Uthman, and All (raa).
Kufr: non- Islamic concept.
Madhab: (p1, Madhaib); a school of thought related to Fiqh.
Makruh: disliked action. The one who abstains from performing such
an action is praised and rewarded, whiie the one who does is
not punished.
Mandub: a recommended act. The one who performs this type of act is
rewarded while the one abstains from it is neither blamed nor
punished.
Mauquf: a Hadith where the Sanad ends with a Sahabi
Marfu’: a Hadithin which the Sanad leads to the Prophet(saaw).
Mash-hor: a Hadith reported by at least three individuals in every class.
Maslah al Mursalah: refers to accepting public interest in the absence of a
legislative source from Qur’an or Sunnah.
Mah-thur: a prohibited action. If the individual abstains from performing
the prohibited action then he is rewarded otherwise is
punishable.
Mawd’u: a fabricated Hadith.
Muaiaq: A Hadith which is missing one or more reporters either at the
beginning ofthe isnad. In the middle, or in the end.
MualIal: A Hadith whose Sanad seems to be fine, but du~ to some
hidden reasonsdiscovered by scholars of Hadith, it is
discredited.
Mualaq:
Mu’addal: a Hadith which is missing two or more consecutive reporters.
Mubah: A type of action in which the choice is left up to the person to
do or not to do.
Mujtahid: person who can perform ljtihad.
Mujtahid Mutlaq: absolute Mujtahid; a Mujtahid who established a original
method for IJtihad such as imam Abu Hanifah. imam jafar.
imam Shafil, and others. G-12 111
Munkar: (1) a Hadith in which uncredible reporters convey a message
which is in disagreement with what was reported by credible
reporters.
(2) Any Haram action.
Munqati: A Hadith which has interruption in the class.
Musnad: (1) a Hadith which has chain of reporters.
(2) any book of Hadith organized by the name of the Sahabi
who reported it. As an example, Musnad of Ahmed
Mufti: a scholar who gives legal rulings on an issue.
Muhajir: (lit. emigrant); refers to the one who migrated from Mecca to
Medina
Munaadharaat: (sing. MunaadHarah); a name given to debates
between scholars ofvarious Madhab on legal issues.
Munaflq: (p1
. Munaafiqoon): one who pretends to be a Muslim while in
fact disbelieves.
Mursal: a Hadith leading back to the Prophet (saaw) but missing the
name of the Sahabi who reported it.
Mustahabb: recommended.
Mutawatir/Tawatur: Is a transmitted Daleel by an in-definite number of people.
Due to the large number of people reporting the Daleel, and
their diversity of residence, reliability, and conviction, it is
inconceivable that this Daleel could be fabricated.
Nabiy: Is a person who receives the revelation from Allah (swt). The
last and final Nabiy is Mohammed (saaw). Anyone who claims
to be a Nabiy after Mohammed (saaw) is a Kafir.
Nafaqah: monetary or material support. i.e. a father supporting his aged
father.
Naskh: abrogation, repeal.
Nass: a clear injunction, an explicit texturial ruling
Nafiiah: a recommended act. The one who performs this act is
rewarded while the one who abstains from it is neither blamed
nor punished.
Qadee: (p1. Qudaah): a Judge.
Qatal: condusive. definite..
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Qawli saying, verbal
Qlyas: a extension of a Sharii ruling from an original case to a new
case because of the equivalence of iiia (causes) underlying
them.
Quran: (lit. reading) Allah’s miraculous speech revealed
to Mohammed (saaw) in Arabic and transferred
to us by the Tawatur method.
Qudsi: a Hadith in which its Sanad leads to the Prophet
(saaw) and the Prophet (saaw) is reporting it
from Allah (swt).
Rasool: Nably is anyone who receives a revelation from Allah (swt). if
this revelation is a new Message such as Islam then the
Nabiy is given the additional title of Rasool.
Rlwayah: pertaining to narration or transmission.
Rukn: pillar, essential ingredient.
Sahabah (raa): 1) a Muslim who saw the Prophet (saaw).
2) a Muslim who lived with the Prophet (saaw)
for one or two years or participated in one or two Ghazwaa.
Sahih: a Hadith reported by an MI and Dabeth (maintains accuracy
of the report) person from another person ofsimiiar qualities till
the end of the report.
Salat: (lit, prayers) an Ibadah in Islam done in a defined manner with
the intention of doing it.
Sanad: a chain of reporters leading back to the Prophet (saaw).
Sawm: fasting.
Shariah: composition of all the laws derived from the Islamic legislative
sources.
Shirk: assodating partners with Allah by giving Ailah’s (swt)
attributes to ueated things or giving Allah the attributes of
created thIngs.
Shurah: mutual consultation.
Sunnah: 1) Prophet (saaw)’s way of ilfe. Consists of the sayings.
actions and silent approvals of the Prophet (saaw).
2) Sunnah is also used to mean a Nafiiah as opposed to
Fard, a compulsory order.
Tabaqah: a dass of reporters in the same generation, i.e. Sahabah
(raa), Tabi’een,
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Taabi’een: (sing. Taabi’ee, lit. foilower); those who met and studied under
the Sahabah (raa) and died as Musiims,
Tafseer: an explanation of the meanings ofthe Quranic word and
verses within a specific methodology.
Taqleed: following of another person’s opinion without a binding proof.
Taqriri: approval.
Taqwaa’: the protection of one’s self from the punishment of Allah (swt)
by doing what He (swt) has commanded and avoiding what
He (swt) has forbidden.
Tashri: legislation
Tawheed: the purely unitarian concept of Allah (swt), found only in Isiam,
in which Allah is unique in being the Creator, in being
worshIpped, and in His essence, names and attributes.
Thannly: (lit speculation, doubt) an evidence which has more than one
meaning or an evidence which is not conclusive in proof.
Ulema: (sing ‘Alim); literally scholars but commonly used
to refer to scholars in islam. Also, represents the Muslim
nation worldwide.
Usul al Fiqh: collection of rules pertaining to the methodology for extracting
rules from the Islamic legislative sources.
Wahi’y: revelation.
Wajib: an obligatory action synonymous to Fard. if the individual
performs the action then he is rewarded. Whereas, the failure
to perform the action results In a punishment
Zakah: an act ofworship requiring a Muslim to pay a certain portion of
his wealth to the Bait ui Mal of the Islamic State for distribution
towards eight specific categories.
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Islamic History Time Line G-12 115 G-12 116
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Muslim Women praying for the return of the Islamic Armies to liberate Palistine from the Zionist.
Isreali Security forces under fire from Palestinians who are unarmed! G-12 122
Isreali Security forces have a shoot to kill policy
Tear Gas is normal practice by the Isreali forces against Muslims who are found together.