Basis for Jurisprudence and Islamic Rulings: Chapter 3
Sources for Islamic Rulings and Shari'ah
44877: Our attitude concerning da'eef (weak)
ahaadeeth which speak of good deeds
Question:
What is the attitude of the scholars concerning a
hadeeth whose isnaad is da'eef (weak), but whose text
encourages a righteous deed or a du'aa'? Please respond.
Answer:
Praise be to Allaah.
The scholars differed concerning acting upon
weak ahaadeeth which encourage righteous deeds. Some
of them were of the view that it is permissible to act
upon them, subject to certain conditions, and others were
of the view that it is not permissible to act upon them.
Al-Haafiz ibn Hajar (may Allaah have mercy on
him) summed up the conditions for it to be permissible to
act upon a saheeh hadeeth, which are as follows:
1 _ It should not be very weak, and one should not
act upon a hadeeth which was narrated only by one of
the liars or those who are accused of lying, or whose
mistakes are serious.
2 _ It should mention a good deed for which there is
a basis in sharee'ah.
3 _ When acting upon it one should not believe that
the action is well-founded, rather he should do it on the
basis of erring on the side of caution.
Acting upon a weak hadeeth does not mean that we
believe it is mustahabb to do an act of worship simply because
a da'eef hadeeth has been narrated concerning it. None
of the scholars has said such a thing _ as we shall see
from the words of Shaykh al-Islam Ibn Taymiyah, below
_ rather what it means is that if it is proven that a
certain act of worship is mustahabb because there is
sound (saheeh) shar'i evidence _ as in the case of qiyaam
al-layl (supererogatory prayers at night), for example _
then we find a da'eef hadeeth which speaks of the virtue
of qiyaam al-layl, then there is nothing wrong with
acting upon this weak hadeeth in that case. What is meant
by acting upon it is narrating it in order to encourage
people to do this act of worship, in the hope that the one
who does it will earn the reward mentioned in the
da'eef hadeeth, because acting on the weak hadeeth in this
case will not lead to doing something that is forbidden
in sharee'ah, such as saying that an act of worship
is mustahabb that is not proven in sharee'ah. Rather, if
he earns this reward all well and good, otherwise no harm
is done.
Shaykh al-Islam Ibn Taymiyah (may Allaah have
mercy on him) said in Majmoo' al-Fataawa, 1/250:
It is not permissible in Islam to rely on weak
ahaadeeth that are neither saheeh nor hasan, but Ahmad ibn
Hanbal and other scholars regarded it is permissible to
narrate reports concerning righteous deeds which are not
known to be proven, so long as they are not known to be lies,
on the basis that if an action is known to be prescribed
in Islam from shar'i evidence, and there is a hadeeth
which is not known to be a lie, it is possible that the
reward referred to in that weak hadeeth may be true. None of
the imams said that it is permissible to regard something
as obligatory or mustahabb on the basis of a weak
hadeeth; whoever says that is going against scholarly
consensus. It is permissible to narrate reports that are not known
to be lies in order to encourage and warn people, but
only with regard to matters where it is known that Allaah
has encouraged or warned against them on the basis of
other evidence the status of whose narrators is not
unknown. End quote.
Abu Bakr ibn al-`Arabi said that it is not permissible
to act on the basis of a weak hadeeth at all, whether
with regard to virtuous deeds or otherwise… See
Tadreeb al-Raawi, 1/252.
This is the view favoured by al-Albaani (may Allaah
have mercy on him). See the introduction to Saheeh
al-Targheeb wa'l-Tarheeb, 1/47-67.
The saheeh proven reports from the Prophet (peace
and blessings of Allaah be upon him) offer us
sufficient evidence that we have no need to act on the basis of
weak hadeeths.
The Muslim must strive to find out which ahaadeeth
are sound (saheeh) and which are weak (da'eef), and
be content to act on the basis of the sound reports.
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable 
39286: Is it correct to think that fatwas may vary
according to time and place?
Question:
I read the words: "The scholars are unanimously
agreed that fatwas may change according to time, place,
local custom and situation so it is essential to take
new developments into account." But I am not convinced
of this. Is this view correct? I hope that you can answer
with evidence from sharee'ah and the Sunnah. May
Allaah reward you with good.
Answer:
Praise be to Allaah.
This principle is expressed by some scholars in the
words, "Changing rulings according to changing times is not
to be denounced," as it says in Majallat al-Ahkaam
al-`Adliyyah al-Maaddah, 39; Sharh al-Qawaa'id
al-Fiqhiyyah by al-Zarqa, p. 227; and elsewhere.
This is one of the principles that are derived from
the principle of al-`aadah muhakkamah (custom is a
source for rulings).
The word "rulings" here refers specifically to rulings
that are based on custom and tradition. These are the
rulings that may change according to time, place
and circumstance.
It says in Durar al-Hukkaam Sharh Majallat
al-Ahkaam: "The rulings which may change according to time are
the rulings that are based on customs and traditions,
because as time changes, the people's needs change. Based
on this, changes also affect customs and traditions,
and changes in custom and traditions change the rulings,
as we have explained above. This is unlike the rulings
that are derived from shar'i evidence and are not based
on custom and tradition, which do not change.
For example: the punishment for murder is
execution. This shar'i ruling is not based on custom and
tradition, and cannot be changed because of changing times.
The rulings that can be changed as times change are
those that are based on custom and tradition, as we have said.
There follow some examples: In the view of the
earlier fuqaha', if a person wanted to buy a house, it was
sufficient for him to see some of the rooms; but according to
later fuqaha', if a person wants to buy a house he has to
see each and every room of it. This difference is not based
on evidence, rather it stems from changes in customs
and traditions regarding the way in which houses are
built. That is because in the past, when a house was built
the custom was for all its rooms to be the same, so if a
person saw some of the rooms he had no need to see the rest.
But nowadays the custom is that in one house the rooms
vary in size and shape, so when buying a house it is
essential to see all the rooms.
From Durar al-Hukkaam, 1/47, by Shaykh `Ali
Haydar. Similar comments are to be found in Sharh
al-Majallah by Saleem Rustam, 1/36.
Al-Zarqa described this principle by saying:
Because sound character is rare nowadays, they said
that testimony may be accepted from the best and then
the next best, or from the least immoral then the next
least immoral…
They said that it is permissible to ask the witnesses
to swear an oath, if the opponent insists on that, and if
the judge deems it appropriate, because of the corrupt
nature of the times.
Sharh al-Qawaa'id al-Fiqhiyyah, p. 229/
Dr. Muhammad al-Zuhayli pointed out that the
basic principle in sharee'ah is that rulings are fixed, and
that the word "rulings" in this principle is not general
in application. He said: "Hence the principle is specific
and is an exception, whilst noting the following:
1- The basic rulings that are established in the
Qur'aan [Qur'an, Quran] and Sunnah and which Islam brought in its basic texts
_ the commands and prohibitions, such as the
prohibition on wrongdoing, adultery, riba, drinking alcohol
and stealing, the obligation of mutual consent in contracts,
of fighting crime and protecting people's rights _ none
of these can be changed as times change. Rather they
are principles that were brought by sharee'ah to guide
all people at all times. All that changes is the means by
which they are achieved.
2- The pillars of Islam and basic rulings that no
Muslim has any excuse for not knowing cannot be changed.
They remain fixed as they were narrated and as they were
in the first era of Islam, because they are not open to change.
3- All the rulings on worship are not subject to
individual opinion or ijtihaad, and cannot be changed because
of different times, places, countries or individuals.
4- Matters of `aqeedah are also fixed and cannot
be changed or altered, and are not subject to ijtihaad.
They have been fixed from the time they were revealed
and from the time of the earlier Prophets and
Messengers, and will remain so until the Hour begins. They
cannot change because of changing times.
End quote. From al-Qawaa'id al-Fiqhiyyah `ala
al-Madhhab al-Hanafi wa'l-Shaafa'i by Dr. Muhammad
al-Zuhayli , p. 319.
Hence it becomes clear that there is no confusion
about this principle, and that it does not provide proof for
those who want to allow riba or mixing, for example, or
who want to abolish the hudood punishments because the
times have changed. The matters mentioned are
firmly established in clear texts of the Qur'aan [Qur'an, Quran] and Sunnah,
and there is no room for changing or altering them,
unless one wants to leave Islam altogether.
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
23280: Imitation (taqleed), following the evidence (daleel)
_ and was Ibn Hazm a Hanbali?
Question:
How can a person not make taqleed and still at the
same time follow the teachings of one of the imams
hanafi, maaliki, shaafi and ahmad bin hanbal(may allah(s.w)
have mercy on them all). i am asking this because after
reading a summary of the biography of bin baaz( may
allah(s.w) have mercy on him)that he followed the school of
ahmad bin hanbal(may allah(s.w) have mercy on him) but
didnt do taqleed. please explain this to me because im
confused .
Answer:
Praise be to Allaah.
Firstly:
The followers of the madhhabs are not all the same.
Some of them are mujtahids within their madhhab, and
some are followers (muqallids) who do not go against
their madhhabs in any regard.
Al-Buwayti, al-Muzani, al-Nawawi and Ibn Hajr
were followers of Imam al-Shaafa'i, but they were
also mujtahids in their own right and differed with their
imam when they had evidence. Similarly Ibn `Abd al-Barr
was a Maaliki but he differed with Maalik if the correct
view was held by someone else. The same may be said of
the Hanafi imams such as Abu Yoosuf and Muhammad
al-Shaybaani, and the Hanbali imams such as Ibn
Qudaamah, Ibn Muflih and others.
The fact that a student studied with a madhhab does
not mean that he cannot go beyond it if he finds
sound evidence elsewhere; the only one who stubbornly
clings to a particular madhhab (regardless of the evidence)
is one who lacking in religious commitment and
intellect, or he is doing that because of partisan attachment to
his madhhab.
The advice of the leading imams is that students
should acquire knowledge from where they acquired it, and
they should ignore the words of their imams if they go
against the hadeeth of the Prophet SAWS (peace and
blessings of Allaah be upon him).
Abu Haneefah said: "This is my opinion, but if
there comes someone whose opinion is better than mine,
then accept that." Maalik said: "I am only human, I may
be right or I may be wrong, so measure my words by
the Qur'aan [Qur'an, Quran] and Sunnah." Al-Shaafa'i said: "If the
hadeeth is saheeh, then ignore my words. If you see
well established evidence, then this is my view." Imam
Ahmad said: "Do not follow me blindly, and do not follow
Maalik or al-Shaafa'i or al-Thawri blindly. Learn as we
have learned." And he said, "Do not follow men blindly
with regard to your religion, for they can never be safe
from error."
No one has the right to follow an imam blindly and
never accept anything but his worlds. Rather what he must
do is accept that which is in accordance with the
truth, whether it is from his imam or anyone else.
Shaykh al-Islam Ibn Taymiyah said:
No one has to blindly follow any particular man in
all that he enjoins or forbids or recommends, apart from
the Messenger of Allaah (peace and blessings of Allaah
be upon him). The Muslims should always refer
their questions to the Muslim scholars, following this
one sometimes and that one sometimes. If the follower
decides to follow the view of an imam with regard to a
particular matter which he thinks is better for his
religious commitment or is more correct etc, that is
permissible according to the majority of Muslim scholars, and
neither Abu Haneefah, Maalik, al-Shaafa'i or Ahmad said
that this was forbidden.
Majmoo' al-Fataawa, 23/382.
Shaykh Sulaymaan ibn `Abd-Allaah (may Allaah
have mercy on him) said:
Rather what the believer must do, if the Book of
Allaah and the Sunnah of His Messenger (peace and
blessings of Allaah be upon him) have reached him and
he understands them with regard to any matter, is to act
in accordance with them, no matter who he may be disagreeing with. This is what our Lord and our
Prophet (peace and blessings of Allaah be upon him) have
enjoined upon us, and all the scholars are unanimously agreed
on that, apart from the ignorant blind followers and the
hard-hearted. Such people are not scholars.
Tayseer al-`Azeez al-Hameed, p. 546
Based on this, there is nothing wrong with a Muslim
being a follower of a certain madhhab, but if it becomes
clear to him that the truth (concerning a given matter)
is different from the view of his madhhab, then he
must follow the truth.
With regard to Ibn Hazm, he was an imam and a
mujtahid, and he regarded blind following as haraam. He was not
a follower of any of the imams, neither Imam Ahmad
nor any other imam. Rather he was the imam of ahl
al-zaahir (the Zaahiris or literalists) during his own time and
until now. Perhaps the view that he was a follower of
Imam Ahmad (if this report is true) has to do with matters
of aqeedah and Tawheed, even though he held
different opinions and reckless views with regard to
issues pertaining to the divine names and attributes.
See his biography in Siyar A'laam
al-Nubala', 18/184-212
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
1105: Does Islam regard men and women as equal?
Question:
Is there a mention of the equality of women in the qur'an?
Answer:
Praise be to Allaah.
Firstly:
This word _ equality _ which many thinkers in both
the east and the west advocate in various fields of life is
a word which is based on deviation and a lack of understanding, especially when the speaker attributes
this idea of equality to the Qur'aan [Qur'an, Quran] and to Islam.
One of the things that people misunderstand is when
they say that "Islam is the religion of equality". What
they should say is that Islam is the religion of justice.
Shaykh Ibn `Uthaymeen (may Allaah have mercy on
him) said:
"Here we should note that there are some people
who speak of equality instead of justice, and this is a
mistake. We should not say equality, because equality implies
no differentiation between the two. Because of this
unjust call for equality, they started to ask, what is the
difference between male and female?' So they made males
and females the same, and then the communists said,
`What difference is there between ruler and subject? No one
has any authority over anyone else, not even fathers and
sons; the father has no authority over his son,' and so on.
But if we say justice, which means giving each one
that to which he or she is entitled, this misunderstanding
no longer applies, and the word used is correct. Hence it
does not say in the Qur'aan [Qur'an, Quran] that Allaah enjoins equality,
rather it says (interpretation of the meaning):
"Verily, Allaah enjoins Al`Adl (i.e. justice)"
[al-Nahl 16:90]
"and that when you judge between men, you judge
with justice"
[al-Nisa' 4:58]
Those who say that Islam is the religion of equality
are lying against Islam. Rather Islam is the religion of
justice which means treating equally those who are equal
and differentiating between those who are different.
No one who knows the religion of Islam would say that
it is the religion of equality. Rather what shows you
that this principle is false is the fact that most of what
is mentioned in the Qur'aan [Qur'an, Quran] denies equality, as in
the following verses:
`Say: Are those who know equal to those who know not?"
[al-Zumar 39:9]
`Say: Is the blind equal to the one who sees? Or
darkness equal to light?'
[al-Ra'd 13:16]
`Not equal among you are those who spent and
fought before the conquering (of Makkah, with those among
you who did so later'
[al-Hadeed 57:10]
`Not equal are those of the believers who sit (at
home), except those who are disabled (by injury or are blind
or lame), and those who strive hard and fight in the
Cause of Allaah with their wealth and their live'
[al-Nisa' 4:95]
Not one single letter in the Qur'aan [Qur'an, Quran] enjoins equality,
rather it enjoins justice. You will also find that the word
justice is acceptable to people, for I feel that if I am better
than this man in terms of knowledge, or wealth, or piety, or
in doing good, I would not like for him to be equal to me.
Every man knows that he find it unacceptable if we
say that the male is equal to the female."
Sharh al-`Aqeedah al-Waasitah, 1/180-181
Based on this, Islam does not regard men and women
as equal in matters where regarding them as equal
would result in injustice to one of them, because equality that
is inappropriate is a severe form of injustice.
The Qur'aan [Qur'an, Quran] commands women to wear clothes that
are different from those worn by men, because of
the differences in the ways each sex is tempted by the
other. The temptation posed by men is less than the
temptation posed by women, so the clothes that women should
wear are different than the clothes that men wear. It makes
no sense to tell women to expose the parts of the body
that men are allowed to expose, because of the differences
in the temptation posed by a woman's body and a
man's body _ as we shall explain.
Secondly:
There are matters in which men and women are
treated differently in Islamic sharee'ah, such as:
1 _ Qiwaamah (being in charge of the household)
Allaah says (interpretation of the meaning):
"Men are the protectors and maintainers of
women, because Allaah has made one of them to excel the
other, and because they spend (to support them) from
their means"
[al-Nisa' 4:34]
Ibn Katheer (may Allaah have mercy on him) said:
"Allaah says `Men are the protectors and maintainers
of women' meaning that the man is in charge of the
woman, i.e., he is the leader and head of the household, the
one who disciplines her if she goes astray.
`because Allaah has made one of them to excel the
other' i.e., because men are superior to women and are
better than women. Hence Prophethood was given only to
men, as was the position of khaleefah, because the
Prophet (peace and blessings of Allaah be upon him) said,
`No people shall ever prosper who appoint a woman as
their ruler.' This was narrated by al-Bukhaari from the
hadeeth of `Abd al-Rahmaan ibn Abi Bakrah from his father.
The same applies to the position of qaadi (judge), etc.
`and because they spend (to support them) from
their means' refers to the mahr and the spending on
women's maintenance that Allaah has enjoined upon men in
His Book and in the Sunnah of His Prophet (peace
and blessings of Allaah be upon him). So a man is
inherently better than a woman, and he is superior to her because
he spends on her. So it is appropriate that he should be
in charge of her, as Allaah says, `but men have a degree
(of responsibility) over them' [al-Baqarah
2:228].
`Ali ibn Abi Talhah said, narrating from Ibn
`Abbaas: `Men are the protectors and maintainers of
women' means that men are the leaders of women and they should
obey them in areas where Allaah has enjoined
obedience. Obedience may mean treating his family kindly
and protecting his wealth."
(Tafseer Ibn Katheer, 1/490)
2 _ Testimony or bearing witness. The Qur'aan [Qur'an, Quran] states
that the testimony of one man is equivalent to the
testimony of two women.
Allaah says (interpretation of the meaning):
"And get two witnesses out of your own men. And if
there are not two men (available), then a man and two
women, such as you agree for witnesses, so that if one of
them (two women) errs, the other can remind her"
[al-Baqarah 2:282]
Ibn Katheer said:
Two women are to take the place of one man
because women are lacking in reason, as Muslim narrated in
his Saheeh… from Abu Hurayrah that the Prophet (peace
and blessings of Allaah be upon him) said: "O women,
give in charity and seek forgiveness a great deal, for I
have seen that you form the majority of the people of Hell."
A wise woman among them said, "Why is it, O
Messenger of Allaah, that we are the majority of the people of
Hell?" He said, "Because you curse too much, and you
are ungrateful to your spouses. I have seen none lacking
in common sense and failing in religion but (at the
same time) robbing the wisdom of the wise, besides you."
The woman asked: "O Messenger of Allaah, what is
wrong with our common sense and our religion?" He said:
"Your lack of common sense (can be well judged from the
fact) that the evidence of two women is equal to that of
one man, that is a proof of the lack of common sense, and
you spend some nights (and days) in which you do not
offer prayer and in the month of Ramadan (during the
days) you do not observe fast, that is a failing in religion."
(Tafseer Ibn Katheer, 1/336)
There may be some women who are wiser than some
men, but this is not the usual rule and such women are not
in the majority. Sharee'ah is based on what is general
and most common.
The fact that women are lacking in reason does not
mean that they are crazy, rather their reason is often
overtaken by their emotions, and this happens to women more
often than it happens to men. No one would deny this
except one who is arrogant.
3 _ A woman inherits half of what a man inherits.
Allaah says (interpretation of the meaning):
"Allaah commands you as regards your
children's (inheritance): to the male, a portion equal to that of
two females"
[al-Nisa' 4:11]
Al-Qurtubi said:
Because Allaah knows better than they do what is in
their best interests, He made the division of inheritance
based on differentiation, because He knows what is in their
best interests.
Tafseer al-Qurtubi, 5/164
For example, a man is obliged to spend more than
a woman, so it is appropriate that he should have a
larger share of inheritance than a woman.
4 _ Clothing:
A woman's `awrah includes her entire body. The
least that can be said is that she should not uncover
anything except her face and hands, and it was said that she
should not even uncover that.
Allaah says (interpretation of the meaning):
"O Prophet! Tell your wives and your daughters and
the women of the believers to draw their cloaks (veils)
all over their bodies (i.e. screen themselves completely
except the eyes or one eye to see the way). That will be
better, that they should be known (as free respectable
women) so as not to be annoyed. And Allaah is Ever
OftForgiving, Most Merciful"
[al-Ahzaab 33:59]
The `awrah of a man is the area from the navel to
the knees.
It was said to `Abd-Allaah ibn Ja'far ibn Abi Taalib,
"Tell us what you heard from the Messenger of Allaah
(peace and blessings of Allaah be upon him) and what you
saw of him, and do not tell us about anyone else, even if
he was trustworthy." He said, "I heard the Messenger
of Allaah (peace and blessings of Allaah be upon him)
say, `The area between the navel and the knee is `awrah.'"
Narrated by al-Haakim in al-Mustadrak (6418);
classed as hasan by al-Albaani in Saheeh
al-Jaami', 5583.
Other examples include the following, which is not
a comprehensive list.
There are other differences between the sexes,
including the following:
· A man can marry four women, but a woman can
only have one husband.
· A man has the right to issue a divorce and it is valid if
he does so, but a woman does not have the right to issue
a divorce.
· A man may marry a woman from among the People
of the Book (Jews and Christians), but a Muslim
woman may not marry anyone but a Muslim.
· A man may travel without his wife or any of his
mahrams, but a woman may not travel unless she is
accompanied by a mahram.
· Prayer in the mosque is obligatory for men, but not
for women; a woman's prayer in her house is more
beloved to Allaah.
· A woman may wear silk and gold, but a man must
not wear them.
Everything that we have mentioned is based on
the difference between men and women, because the male
is not like the female. Allaah says (interpretation of
the meaning):
"And the male is not like the female"
[Aal `Imraan 3:36]
The male is different from the female in many ways,
in his strength, in his body, in his toughness and
roughness, whereas women are soft and gentle.
And men are different in intellectual terms, for men
are known for their strength of understanding and
their memory as compared to women. Women are weaker
than men in memory and forget more than men do. This
is well known, for most of the reputable scholars in the
world are men. There are some women who are more
intelligent and have better memories than some men, but this
does not cancel out the general rule. Most cases are as we
have described above.
With regard to emotions, men speak of them when
they get angry or when they are happy, but women are
affected by the slightest emotional effects, so their tears flow
at the slightest emotional provocation.
Jihad is obligatory for men, but jihad in the sense
of fighting is not obligatory for women. This is the mercy
of Allaah towards them, and consideration for their nature.
In conclusion we may say that the rulings for men are
not like the rulings for women.
Thirdly:
Islam regards men and women as equally obliged
with regard to many acts of worship and interactions
with others. For example, women do wudoo' just as men
do, they do ghusl as men do, they pray as men do, and
they fast as men do, except when they are menstruating
or bleeding following childbirth. Women pay zakaah as
men pay zakaah, and they do Hajj as men do, except for a
few differences in the rulings. It is permissible and
acceptable to buy from a woman, and if a woman gives charity,
that is permissible. It is permissible for a woman to set
free the slaves that she owns, and there are many other
similar cases because women are the twin halves of men, as
it says in the hadeeth:
It was narrated that `Aa'ishah said: The Messenger
of Allaah (peace and blessings of Allaah be upon him)
was asked about a man who finds some wetness (on
his clothes) but did not have an erotic dream, and he
said, "He should do ghusl." He was asked about a man
who had an erotic dream but did not find any wetness, and
he said, "He does not have to do ghusl." Umm Salamah
said, "O Messenger of Allaah, if a woman sees that, does
she have to do ghusl?" He said, "Yes, for women are the
twin halves of men."
(Narrated by al-Tirmidhi, 113; Ahmad, 25663.
Classed as saheeh by al-Albaani in Saheeh
al-Tirmidhi, 98)
Conclusion:
Women are like men in some aspects and they differ
from them in others. Most of the rulings of Islam apply to
men and women equally. In cases where a distinction is
made between the sexes, the Muslim regards that as a
mercy from Allaah and a sign of His knowledge of His
creation, but the arrogant kaafir sees it as oppression and
injustice, so he stubbornly insists on claiming that men and
women are the same. So let him tell us how a man can carry
a foetus and breastfeed it? He stubbornly ignores
the weakness of women and how they bleed during
their monthly period, and he stubbornly beat his head
against the rock of reality. But the Muslim is still at peace
with his faith, surrendering to the command of Allaah.
"Should not He Who has created know? And He is
the Most Kind and Courteous (to His slaves), AllAware
(of everything)"
[al-Mulk 67:14 _ interpretation of the meaning]
And Allaah knows best.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
13932: The wisdom behind facing the Ka'bah
Question:
I hope u can help me. I became a muslim a couple
of years ago. My family are finding it hard to accept
my ibada. But recently i have made a fuss about my salat
and insisted i must pray. Alhamdulilah they have accepted
it after seeing i became upset and depressed at living in
a house where i was not allowed to practise my basic
pillars of islam. They are ask me questions (Alhamdulilah),
of which one of them is "why do we face the kaba if we
r not worshipping it as we prostrate towards it?". I tried
to explain that it is not the kaba but Allah to whom
we prostrate and the kaba is for reasons of unity and
that because it was the first house of Allah. I would be
grateful if you could help me by explaining this further so i
can understand it myself and explain this to my family
and other kuffar. And also please can you make dua that
they are guided on the right path
Answer:
Praise be to Allaah.
Praise be to Allaah Who has guided you to Islam; we
ask Him to make you steadfast in it until you meet Him,
for He is all Hearing, Ever Responsive. Praise be to
Allaah Who has made you keen to pray and to practise
your religion openly. We ask Allaah to guide your family
and to grant you the joy of seeing them become
Muslim… Ameen.
With regard to our facing the Ka'bah, you should
note, may Allaah bless you, that in this universe there is
none other than Creator and created, worshippers and the
One Who is worshipped. The Creator and the One Who
is rightfully worshipped is Allaah alone; everything
other than Him is created and worships Him either
willingly and by choice _ which is the case with the believers _
or by force, which is the case of the kaafirs and
sinners, whose submission to Allaah consists of their
being subjugated to His control, for they do not have to
power to either benefit or harm themselves. Allaah is the
One Who has given them life, and when He wills He will
cause them to die. If Allaah wills, He can make them sick,
and if He wills He can heal them. He can make them
rich whenever He wants and make them poor whenever
He wants. Glory and praise be to Him, there is no Lord
besides Him and none worthy of worship except Him.
With regard to his believing slaves, they are tried
and tested in this brief, transient world. If they succeed
in remaining steadfast in worshipping their Lord
and attaining the highest degree of submission to Him,
He will compensate them for that, by His kindness and
grace, with Paradise in which there is that which no eye
has seen, no ear has heard, and it has not entered the heart
of man.
Among these tests is the fact that Allaah commands
them to do some things for which their minds
cannot comprehend the wisdom behind them, they can
only submit and obey. This is in order to distinguish those
who are sincere in their claims to be believers from those
who are insincere. For Allaah is the Creator of reason, and
He is the One Who issues the command, so whoever
responds and submits, and says, "I hear and obey, even though I
do not understand the reason, because I admit my
mortality, my weakness and my submission to Allaah, for
Allaah cannot be questioned as to what He does" _ such a one
is a believer who, it is hoped, will prosper and succeed
in this world and in the Hereafter.
This is how the Companions of the Prophet (peace
and blessings of Allaah be upon him) were, as
al-Bukhaari (1597) and Muslim (1270) narrated in their
Saheehs that `Umar ibn al-Khattaab (may Allaah be pleased with
him) said of the Black Stone when he kissed it: "By Allaah,
I know that you are only a stone and you can neither
bring benefit nor cause harm. Were it not that I had seen
the Messenger of Allaah kissing you I would not have
kissed you." So when we Muslims pray facing the direction
of the Ka'bah, we do so because Allaah has commanded
us to do that. If he had commanded us to pray facing in
any other direction, we would have had to do that. The
same applies to many other acts of worship, We pray Zuhr
with four rak'ahs and Maghrib with three and Fajr with
two, because Allaah has commanded us to do so. We
perform Tawaaf seven times around the Ka'bah, and we stone
the Jamaraat seven times, and we do not do more than
that under any circumstances. All of that is because that
is what Allaah has commanded us to do.
So whoever bears this thought in mind whilst doing
these acts of worship will undoubtedly increase in
submission to Allaah; this will increase his faith and bring him
closer to his Lord. Thus he will find great joy and
immense happiness and deep contentment in his heart, which
will make him long for worship and love it, because when
he does acts of worship he will feel that he is doing them
for Allaah, and were it not for Allaah, he would not do
them. So every act of worship brings him closer to Allaah
and increases him in faith until he meets Allaah and
Allaah will honour him as He honours His righteous slaves.
But for the one who is stubborn and arrogant, and says,
"I will not do it until I understand", this is like Iblees
who rebelled against Allaah and said, as Allaah tells us in
the Qur'aan [Qur'an, Quran] (interpretation of the meaning):
"Shall I prostrate myself to one whom You created
from clay?"
[al-Israa' 17:61]
This is sufficient to demonstrate the seriousness of
arguing against the sharee'ah on the basis of reason. Rather
Allaah has described one of the most unique characteristics
of the pious believers as being belief in the Unseen.
Allaah says (interpretation of the meaning):
"This is the Book (the Qur'aan [Qur'an, Quran]), whereof there is no
doubt, a guidance to those who are Al-Muttaqoon [the
pious believers of Islamic Monotheism who fear Allaah
much (abstain from all kinds of sins and evil deeds which
He has forbidden) and love Allaah much (perform all
kinds of good deeds which He has ordained)].
Who believe in the Ghayb (the unseen) and perform
As-Salaah (Iqaamat-as-Salaah), and spend out of what
we have provided for them" [al-Baqarah
2:2-3]
So the first characteristic by which the believers
are distinguished from others is the fact that they believe
in the unseen or that which they cannot grasp, whether
that is in a literal, physical sense or in a
metaphorical, intellectual sense.
What we should point out here is that our prayer
facing the direction of the Ka'bah has nothing to do with
the structure of the Ka'bah, rather it has to do with its
location. If it were to be destroyed, we would still pray in
that direction, not to that structure.
Hence we find that nowadays Muslims pray on the
second storey and on the roof of the Grand Mosque in
the Sanctuary of Makkah, facing the direction of the
Ka'bah even though it is not directly in front of them. This
is what millions of Muslims do throughout the
world, praying in the direction of the Ka'bah even though
they cannot see it. This demonstrates the great
difference between the laws of Islam and the actions of
the mushrikeen (polytheists) whose worship of their
idols, stones and trees ceases when these objects cease to
exist. Therefore if the mushrik cannot see his object of
worship or idol, he does not face the direction of that thing.
We ask Allaah to bestow upon us sincere faith, and
to make us steadfast in it until we meet Him…
Aameen. Islam Q&A Sheikh Muhammed Salih
Al-Munajjid (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
22239: Applying laws which are not mentioned in
the Qur'aan [Qur'an, Quran] or Sunnah
Question:
Does applying every law that is not mentioned in
the Qur'aan [Qur'an, Quran] or Sunnah constitute kufr?
Answer:
Praise be to Allaah.
Shaykh al-Shanqeeti said:
It should be noted that we must differentiate between
man-made systems the implementation of which
implies disbelief (kufr) in the Creator of the heavens and the
earth, and systems which do not imply that. This may
be explained by describing systems as being of two
types, administrative and legislative. With regard
to administrative systems which are aimed at
organizing things and making them run smoothly in a manner
that does not go against sharee'ah, there is nothing wrong
with this and no one among the Sahaabah or those who
came after them objected to it. `Umar (may Allaah be
pleased with him) did many things of that nature that were
not done at the time of the Messenger (peace and
blessings of Allaah be upon him), such as writing down the
names of the soldiers in a register to keep track of who
was present and who was absent, even though the
Prophet (peace and blessings of Allaah be upon him) did not
do that and he had not known that Ka'b ibn Maalik was
not present during the campaign of Tabook until after he
had reached Tabook. Similarly, `Umar (may Allaah be
pleased with him) bought the house of Safwaan ibn Umayyah
in Makkah and turned it into a prison, even though
neither the Prophet (peace and blessings of Allaah be upon
him) nor Abu Bakr had established a prison. Such administrative matters which are intended to make
things run smoothly and which do not go against sharee'ah
_ such as organizing employees' affairs and organizing
work matters in a manner that does not go against sharee'ah
_ is a kind of man-made system that is o.k. and does not
go against the basic principles of sharee'ah which aims
to take care of the public interest.
But in the case of legislative systems which go
against the laws of the Creator of the heavens and the
earth, referring to them for judgement constitutes disbelief
(kufr) in the Creator of the heavens and the earth, such
as claiming that giving males precedence over females
in matters of inheritance is not fair and that they should
be given equal shares, or claiming that plural marriage is
a form of oppression, or that divorce is unjust
towards women, or that stoning and cutting off hands etc.
are barbaric actions that cannot justifiably be done to
anyone, and so on.
So implementing this kind of system to govern
people's lives, wealth, honour, lineage, minds and
religion constitutes disbelief in the Creator of the heavens and
the earth, and rebellion against the divine system which
was set up by the One Who created all of mankind and
Who knows best what is in its interests. Glorified and
exalted be He far above having any other legislator alongside Him.
"Or have they partners with Allaah (false gods) who
have instituted for them a religion which Allaah has
not ordained? And had it not been for a decisive Word
(gone forth already), the matter would have been
judged between them. And verily, for the Zaalimoon
(polytheists and wrongdoers) there is a painful torment"
[al-Shooraa 42:21 _ interpretation of the
meaning]
"Say (O Muhammad to these polytheists): `Tell me,
what provision Allaah has sent down to you! And you
have made of it lawful and unlawful.' Say (O
Muhammad): `Has Allaah permitted you (to do so), or do you invent
a lie against Allaah?'"
[Yoonus 10:59 _ interpretation of the
meaning]
Adwaa' al-Bayaan, 4/93. (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
22245: There is no secret knowledge in Islam that is
only for the awliyaa' ("saints")
Question:
What is the ruling on one who claims that the rulings
of the Qur'aan [Qur'an, Quran] apply to the Prophets and the masses,
and that esoteric, mystical knowledge (al-`ilm al-laduni)
which the awliyaa' receive through mystic intuition is only
for the awliyaa'?
Answer:
Praise be to Allaah.
Al-Shanqeeti said:
Al-Qurtubi (may Allaah have mercy on him) said:
Our Shaykh, Abu'l-`Abbaas, said: some heretics
who followed batiniyyah (esoteric teachings) wanted to
follow a path that did not enjoin these shar'i rulings. They
said: these general shar'i rulings are obligatory upon
the Prophets and the masses only. As for the awliyaa' and
the elite, they do not need those texts. Rather what is
required of them is what they receive in their hearts
through intuition and the thoughts that dominate their minds.
They said: this is because their hearts are free of anything
that may cause distraction and of thoughts of anything
other than Allaah. In this manner divine knowledge
becomes manifest to them, and they discover the secrets of
creation and learn the rulings concerning minor issues, thus
they are no longer subjected to the holistic shar'i rulings.
This is what happened in the case of al-Khidr who, by
means of the knowledge that was made manifest to him
was rendered independent of the knowledge that Moosa
had. One of the things that they narrated was the
words: "Consult your heart, no matter how many people
give you fatwas and advice."
Our shaykh (may Allaah be pleased with him) said:
These are the words of heresy and kufr; the one who says
them should be executed without being asked to repent,
because he has denied that which is known from the
sharee'ah. For Allaah has set up the system by His wisdom in such
a way that His rulings can only be known through
His Messengers who are ambassadors between Him and
His creation. They are the only ones who convey His
Message and His words from Him, explaining His laws and
rulings, and He has chosen them for that purpose.
Allaah says (interpretation of the meaning):
"Allaah chooses Messengers from angels and from
men. Verily, Allaah is AllHearer, AllSeer"
[al-Hajj 22:75]
"Allaah knows best with whom to place His
Message"[al-An'aam 6:124]
"Mankind were one community and Allaah sent
Prophets with glad tidings and warnings"[al-Baqarah
2:213]
and there are other similar aayahs.
In conclusion, we know definitely and for certain,
and the consensus of the earlier and later generations
states likewise, that there is no way to learn the rulings of
Allaah, which have to do with His commands and
prohibitions, except through His Messengers. Whoever says that
there is another way through which His commands
and prohibitions may be known, independently of
the Messengers, is a kaafir who should be executed
without asking him to repent; there is no need to question
him. For this is stating belief in Prophets after our
Prophet (peace and blessings of Allaah be upon him), whom
Allaah has made the Seal of the Prophets and Messengers,
after whom there is no Prophet or Messenger.
What that means is that whoever says that he has
taken the ruling of Allaah from his heart or from what
he received in his heart through intuition, and that he
acts upon that and thus has no need of the Qur'aan [Qur'an, Quran] or
Sunnah, has claimed for himself the unique qualities
of Prophethood, because this is like what the Prophet
(peace and blessings of Allaah be upon him) said: "The
Holy Spirit [i.e., Jibreel] told me in my heart…"
(From Tafseer al-Qurtubi).
What he quoted from his shaykh, that the heretic
should not be asked to repent, is the view of Maalik and
those who agreed with him. We have explained the views
of the scholars and their evidence, and what is most
correct according to the evidence, in our book Daf' Ayhaam
al-Idtiraab `an Ayaat al-Kitaab, in the chapter on
Soorat Aal `Imraan.
Adwaa' al-Bayaan, 4/174, 175. (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
22289: Attitude towards al-Israa'eeliyyaat
Question:
What is our attitude towards al-Israa'eeliyyaat
(reports from Jewish sources)?
Answer:
Praise be to Allaah.
Shaykh al-Shanqeeti said:
It is known that the reports from the Children of
Israel [the Jews], which are known as al-Israa'eeliyyaat,
may be of three kinds:
1 _ those which we have to believe in, which are
those which are shown by the Qur'aan [Qur'an, Quran] or the sound Sunnah
to be true.
2 _ Those which we have to disbelieve in, which are
those which are shown by the Qur'aan [Qur'an, Quran] and Sunnah to be false.
3 _ Those which we are permitted neither to believe
nor disbelieve, which are those which are not proven in
the Qur'aan [Qur'an, Quran] or Sunnah to be either true or false.
From this definition we know that with regard to
the stories which contradict the Qur'aan [Qur'an, Quran] and saheeh
Sunnah, which are in circulation among them now, claiming
that they are from the revealed scriptures, we must reject
them because they go against the texts of the sound
Revelation which has not been distorted or altered [i.e., the
Qur'aan [Qur'an, Quran]]. And Allaah knows best.
Adwaa' al-Bayaan, 4/203, 204. (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
13189: How did Islamic fiqh develop?
Question:
how was the science of fiqh developed ?
Answer:
Praise be to Allaah.
During the lifetime of the Prophet (peace and
blessings of Allaah be upon him) the Muslims used to receive
the rulings of Islam directly from him. The Qur'aan [Qur'an, Quran]
came down as a teacher, guide and mufti, as Allaah
said (interpretation of the meaning):
"They ask you for a legal verdict. Say: "Allaah
directs (thus) about AlKalaalah (those who leave
neither descendants nor ascendants as heirs)…"
[al-Nisa' 4:176]
And it came to explain matters concerning which
the Prophet (peace and blessings of Allaah be upon him)
and his companions were uncertain, as in the story of
the woman who asked the Prophet (peace and blessings
of Allaah be upon him) about her husband's divorcing
her by zihaar (a jaahili form of divorce in which the
husband says to his wife, "You are to me as my mother's
back"), as a result of which the first verses of Soorat
al-Mujaadilah were revealed.
The Prophet (peace and blessings of Allaah be upon
him) used to send some of his companions to teach the
new Muslims how to worship and to give them legal
rulings (fatwa). The Prophet (peace and blessings of Allaah
be upon him) used to allow them a certain amount of
room in understanding the texts of sharee'ah, then he
would approve of their interpretation or correct them. At the
time of the Prophet (peace and blessings of Allaah be
upon him) a number of the Sahaabah used to issue fatwas
(legal rulings). Some of the scholars said that they
numbered fourteen, but in fact there were more than that. The
Prophet (peace and blessings of Allaah be upon him) was
the imaam (leader) and teacher of mankind and at that
time people spoke proper Arabic so whatever variations
in interpretation there were, were few and minor. So
the death of the Prophet (peace and blessings of Allaah
be upon him) was counted as a great loss to the
ummah, because they lost their leader, guide and perfect example.
It was narrated that Anas ibn Maalik said: "After the
death of the Messenger of Allaah (peace and blessings of
Allaah be upon him), Abu Bakr said to `Umar, `Let us go to
Umm Ayman and visit her as the Messenger of Allaah
(peace and blessings of Allaah be upon him) used to do.
When they came to her, she wept, and they said to her, `Why
are you weeping? What is with Allaah is better for
His Messenger (peace and blessings of Allaah be upon
him).' She said, `I am not weeping because I do not know
that what is with Allaah is better for His Messenger
(peace and blessings of Allaah be upon him); rather I am
weeping because the revelation from heaven has come to an
end.' She moved them to tears and they started weeping
with her."
(Narrated by Muslim, 2454). But the Prophet (peace
and blessings of Allaah be upon him) did not die until
after the religion had been completed.
One of the characteristics of this religion, which
was perfected during the time of the Prophet (peace
and blessings of Allaah be upon him), was that it
includes features which qualify it to remain and continue until
the end of time.
Therefore this religion and understanding of it
remained after the death of the Prophet (peace and blessings
of Allaah be upon him) and it will abide until the Day
of Resurrection. After the death of the Prophet (peace
and blessings of Allaah be upon him), the people
followed his guidance and the guidance of the
Rightly-Guided khaleefahs who followed him. Abu Bakr (may Allaah
be pleased with him) used to judge amongst them and
issue fatwas to them based on what he found in the
Qur'aan [Qur'an, Quran] and hadeeth. If he could not find an answer, he would
go out and ask the Muslims, saying, "Such and such an
issue has been referred to me, do you know whether
the Messenger of Allaah (peace and blessings of Allaah
be upon him) passed a judgement concerning such a
matter?" Then perhaps a group of them would come to him, all
of them saying that the Messenger of Allaah (peace
and blessings of Allaah be upon him) had passed a
judgement on it. Then Abu Bakr would say, "Praise be to
Allaah Who has caused there to be among us those
who memorized things from our Prophet." And if he
was unable to find any Sunnah narrated from the
Messenger of Allaah (peace and blessings of Allaah be upon
him), he would gather the leaders of the people and the
best among them and if they agreed on something he
would pass judgement according to that.
`Umar (may Allaah be pleased with him) did the
same after Abu Bakr had died.
Then the Sahaabah (may Allaah be pleased with
them) dispersed to different regions as teachers
and mujaahideen, after the expansion of the Islamic
territory. Each of them used to issue fatwas in accordance
with what he knew of the Qur'aan [Qur'an, Quran] and Sunnah, or the
actions of Abu Bakr or `Umar, or the conclusions to which
his own ijtihaad led him. The muftis among the
Sahaabah numbered more than one hundred, and those who
issued many fatwas numbered seven, as Ibn al-Qayyim
says. They were: `Umar ibn al-Khattaab, `Ali ibn Abi
Taalib, `Abd-Allaah ibn Mas'ood, `Aa'ishah Umm al-Mu'mineen, Zayd ibn Thaabit, `Abd-Allaah ibn
`Abbaas and `Abd-Allaah ibn `Umar (may Allaah be pleased
with them all).
`Umar (may Allaah be pleased with him) and his
son, and Zayd ibn Thaabit (may Allaah be pleased with
them), were in Madeenah, and many students became
scholars at their hands, such as Saalim ibn `Abd-Allaah ibn
`Umar, Naafi' and others. Their knowledge was passed to
the seven fuqaha' and ultimately to Imaam Maalik ibn
Anas al-Asbahi.
Ibn Mas'ood and then `Ali were in Kufa, and a
number of the Taabi'een learned from them, such as `Ilqimah,
al-Aswad, Masrooq, Shurayh al-Qaadi, Silah ibn Zafar
and many others besides them, until that knowledge
reached Imaam Abu Haneefah al-Nu'maan ibn Thaabit.
Fiqh and knowledge spread throughout the ummah
from the companions of Ibn Mas'ood, the companions of
Zayd ibn Thaabit, the companions of `Abd-Allaah ibn
`Umar, and the companions of `Abd-Allaah ibn `Abbaas.
That happened in Kufa, Madeenah and Makkah,
respectively. These Taabi'een used to issue fatwas when the
greatest Sahaabah were present, and they granted them
permission to do that.
For example, Ibn `Umar used to say of Sa'eed ibn
al-Musayyib: he is one of the muftis or one of those to
be followed.
And he said of him: if the Prophet (peace and
blessings of Allaah be upon him) had seen him, he would
have been happy with him.
Via these people, knowledge spread far and wide.
Then the ahaadeeth were compiled in books and the
numbers of students increased who occupied themselves
with memorizing them and writing them down; then knowledge spread throughout the earth. Most of
the people were religiously-committed and aware, and
this prevented anyone from speaking without knowledge
or claiming to be a scholar when he was not qualified
to describe himself as such. Then differences
because widespread and people became involved in the field
of knowledge who would have been better off
refraining from it. But by the wisdom of Allaah the religion
was regulated and preserved by imams whom the
ummah agreed that they were leaders and knowledgeable and
that they had reached the utmost degree of knowledge
of rulings and fatwas. Allaah caused them to become
well known and their virtue spread throughout the
world. Students flocked to them to learn and study, and
their views were compiled in books. The opinions of the
Sunni schools of thought which followed the truth of the
Qur'aan [Qur'an, Quran] and Sunnah and which rejected innovations in
religion (bid'ah), according to what was transmitted by
the students of the great imams, were recorded according
to what was transmitted by the students of these
great scholars, so the views of each imaam became a
madhhab that is followed.
The most famous of these madhhabs nowadays are
just four: the Hanafi, Maaliki, Shaafa'i and Hanbali
madhhabs. The followers of these madhhabs are agreed on
most matters and on the most important issues of religion,
and the differences in understanding and in the evidence
that reached them have to do with minor issues. All of
them are following something good, may Allaah have
mercy on them. Then each of these madhhabs developed in
ways which it would take too long to explain here, until
things became as they are nowadays, where each madhhab
has books containing its issues and methods of
deriving rulings and interpreting evidence. And among the
imams there are, praise be to Allaah, mujtahids who can
produce rulings on contemporary events and issues by means
of the understanding that Allaah has bestowed upon
them, using ijtihaad, qiyaas (analogy), the principles of
the objectives of sharee'ah, the sayings of previous
scholars, and the principles of usool al-fiqh. Thus fiqh
continued to be a rich discipline, comprehending all the issues
of life which the Muslims need to know about.
At all times there is someone who is showing the
correct way, based on evidence, who recognizes the
truth concerning a certain issue and he knows how to reach
the correct conclusion. The scholars could not agree
on something that is incorrect, hence the ummah cannot
all follow falsehood. We ask Allaah to cause us to
understand His religion and to bless us with knowledge and
righteous deeds. And Allaah knows best.
For more information see:
Al-Fikr al-Saami fi Taareekh al-Fiqh
al-Islaami and Taareekh al-Fiqh
al-Islami by `Umar ibn Sulaymaan al-Ashqar.
And Allaah knows best.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
14076: Is it permissible to give a fatwa based on taqleed
Question:
Is it permissible to give a fatwa based on taqleed?
Answer:
Praise be to Allaah.
There are various opinions on this matter.
Ibn al-Qayyim said:
The first view is that it is not permissible to give a
fatwa based on taqleed [Translator's note: Taqleed [lit.
imitation] means repeating the views of scholars to others
without knowing the details or basis of their fatwas]
, because that is not knowledge, and giving a fatwa
without knowledge is haraam. There is no dispute among
people that taqleed is not the same as knowledge and that
the muqallid (the one who imitates or repeats the views
of others) cannot be given the name of `aalim (scholar).
This is the view of most of our companions and the view
of the majority of Shaafa'is.
The second view is that it is permissible with regard
to himself; he may follow the view of one of the scholars
if the fatwa is with regard to himself only. But it is
not permissible for him to repeat the views of a scholar
in giving a fatwa to someone else. This is the view of
Ibn Battah and others among our companions. Al-Qaadi
said: Ibn Battah mentioned in his letters to al-Barmaki: it
is not permitted for a person to issue a fatwa based on
what he had heard from a scholar who issued a fatwa. Rather
it is permissible for him to follow that scholar's view
with regard to himself, but repeating his views and issuing
a fatwa to someone else, this is not permitted.
The third view is that this is permitted when
necessary and when there is no scholar who is qualified to
make ijtihaad. This is the most correct view and this is
our guideline. Al-Qaadi said: Abu Hafs said in his
comments: I heard Abu `Ali al-Hasan ibn `Abd-Allaah
al-Najjaad say: I heard Abu'l-Husayn ibn Bashraan say: what I
may criticize a man for is learning five issues of fiqh
from Ahmad then sitting by a pillar in the mosque [i.e.,
setting himself up as a scholar] and issuing fatwas based on that.
I'laam al-Muwaqqi'een, 1/37, 38
(www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
21133: Ruling on things that were done at the time of
the Prophet (peace and blessings of Allaah be upon him)
which he did not know about
Question:
What is the ruling on things that were done at the time
of the Prophet (peace and blessings of Allaah be upon
him) which he did not know about?
Answer:
Praise be to Allaah.
Perhaps minor issues which happened but he did not
know about them are not included in that. But with regard
to things which were widespread and well known, the
basic principle is the hadeeth of Jaabir: "We used to
practice coitus interruptus (`azl) at the time when the Qur'aan [Qur'an, Quran]
was being revealed."
From Fataawa Samaahat al-Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him)
(www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
12390: Judging by that which Allaah has revealed
Question:
Can one who judges by something other than that
which Allaah has revealed be regarded as just, if he does
not wrong people?
Answer:
Praise be to Allaah.
The Muslim ummah is one nation, with one
`aqeedah (belief) and one sharee'ah (law). Because every
flock needs a shepherd and every nation needs a leader to
guide them to goodness and ward off evil from them,
Islam enjoins the appointment of a ruler over the ummah,
who is to be elected by the Muslims, to rule them according
to the Book of Allaah and the Sunnah of the Messenger
of Allaah (peace and blessings of Allaah be upon him).
Allaah sent His Messenger of establish the laws of
Allaah and to judge with truth and justice, as Allaah
says (interpretation of the meaning):
"O Dawood (David)! Verily, We have placed you as
a successor on the earth; so judge you between men in
truth (and justice) and follow not your desire for it will
mislead you from the path of Allaah. Verily, those who
wander astray from the path of Allaah (shall) have a
severe torment, because they forgot the Day of Reckoning"
[Saad 38:26]
The mission of the ruler is to rule the Muslims
according to the Qur'aan [Qur'an, Quran] and Sunnah, to spread justice among
the entire ummah, to carry out the hudood punishments,
to spread Islam, to protect the ummah and to engage in
jihaad for the sake of Allaah. Allaah says (interpretation of
the meaning):
"Verily, Allaah commands that you should render
back the trusts to those, to whom they are due; and that
when you judge between men, you judge with justice.
Verily, how excellent is the teaching which He (Allaah)
gives you!"[al-Nisaa' 4:58]
Justice is one of the most important principles of
Islam, which applies both to Muslims and others:
"and let not the enmity and hatred of others make
you avoid justice. Be just: that is nearer to piety"
[al-Maa'idah 5:8 _ interpretation of the
meaning]
The ruler of the Muslims is responsible for his flock.
He has to rule them in accordance with the laws of
Allaah, check on their situation, and lead them to that which
will bring them happiness in this world and in the
Hereafter. The Prophet (peace and blessings of Allaah be upon
him) said:
"Each of you is a shepherd and is responsible for his
flock. The ruler who is (appointed) over the people is a
shepherd and is responsible for his flock…" (Narrated by
Muslim, no. 1829)
Allaah created mankind, sent down revelation to
them, and sent the Messengers to them to judge them by
that which Allaah has revealed. Whoever does not judge
by that which Allaah has revealed is a kaafir, as Allaah
says (interpretation of the meaning):
"And whosoever does not judge by what Allaah
has revealed, such are the Kaafiroon (i.e. disbelievers — of
a lesser degree as they do not act on Allaah's
Law)"[al-Maa'idah 5:44]
If the ruler judges according to the Book of Allaah
and the Sunnah of His Messenger (peace and blessings
of Allaah be upon him), it becomes obligatory to obey
him and haraam to go against him or to rebel against
him. Allaah says (interpretation of the meaning):
"O you who believe! Obey Allaah and obey the
Messenger (Muhammad), and those of you (Muslims) who are
in authority. (And) if you differ in anything
amongst yourselves, refer it to Allaah and His Messenger, if
you believe in Allaah and in the Last Day. That is better
and more suitable for final determination"
[al-Nisaa' 4:59]
If the ruler judges by something other than that
which Allaah has revealed, or he enjoins disobedience to
Allaah, then we should not hear and obey. The Prophet
(peace and blessings of Allaah be upon him) said:
"The Muslim is obliged to hear and obey whether he
likes it or dislikes it, unless he is commanded to
disobey (Allaah), in which case he should not hear and obey."
(Narrated by Muslim, 1839)
The ruler is entrusted with the affairs of the ummah;
he must rule them according to the laws of Allaah, and
be kind and sincere towards them. If he does not do
that, then he must be advised. If he does not respond (to
that advice), the Muslims should choose another ruler
from among those who are both pious and strong.
The just Muslim ruler will have great virtue and
an honourable status on the Day of Resurrection. The
Prophet (peace and blessings of Allaah be upon him) said:
"The just will be with Allaah on thrones of light on
the right hand of the Most Merciful, and both His hands
are right hands _ those who are just in their rulings and
are fair with their families and those of whom they are
in charge."(Narrated by Muslim, 1827)
If the ruler oppresses or cheats his flock and is not
sincere towards them, Allaah will deprive him of Paradise.
The Prophet (peace and blessings of Allaah be upon him) said:
"There is no person whom Allaah has placed in charge
of others, who dies whilst he is insincere towards his
people, but Allaah will forbid him Paradise."(Narrated by
Muslim, 142)
And he (peace and blessings of Allaah be upon him) said:
"There is no Muslim ruler who is put in charge of
the Muslims' affairs then he does not strive on their behalf
or act sincerely towards them, but he will not enter
Paradise with them." (Narrated by Muslim, Kitaab
al-Imaarah, 22).
Islam is the way for all of the ummah, so all of
the individual members are equal in that they should _
indeed must _ follow its guidance, act in accordance with
its teachings, calling call others to Islam and strive in
jihaad for the sake of Islam.
Allaah warns everyone who fights against the religion
of Allaah or fights those who speak the word of truth in
the houses of Allaah, that He will put them to shame in
this world and punish them in the Hereafter. Allaah
says (interpretation of the meaning):
"And who are more unjust than those who forbid
that Allaah's Name be glorified and mentioned much
(i.e. prayers and invocations) in Allaah's mosques and
strive for their ruin? It was not fitting that such
should themselves enter them (Allaah's mosques) except in
fear. For them there is disgrace in this world, and they
will have a great torment in the Hereafter[al-Baqarah 2:114]
Everyone who entices the Muslims away from
their religion, persecutes them or humiliates them will be
in Hell if he dies without having repented. Allaah
says (interpretation of the meaning):
"Verily, those who put into trial the believing men
and believing women (by torturing them and burning
them), and then do not turn in repentance (to Allaah), then
they will have the torment of Hell, and they will have
the punishment of the burning Fire"
[al-Burooj 85:10]
Openly proclaiming the word of truth is an
obligation upon every Muslim at every time and in every
place. Allaah commanded His Messenger to proclaim the
truth, and He guaranteed to protect him from his enemies.
Allaah said (interpretation of the meaning):
"Therefore proclaim openly (Allaah's Message
Islamic Monotheism) that which you are commanded, and
turn away from AlMushrikoon (polytheists, idolaters,
and disbelievers).
Truly, We will suffice you against the scoffers"
[al-Hijr 15:94-95]
The greatest jihaad is to speak the truth before an
unjust ruler.
In both the general and the specific sense, the judge
will be rewarded, if he is knowledgeable and is able to
make ijtihaad. If he passes a judgement and makes the
right decision, he will have two rewards, one for his
ijtihaad and one for being right. If he passes a judgement
and makes a mistake, he will have one reward, that for
his ijtihaad. The Prophet (peace and blessings of Allaah
be upon him) said:
"If the judge passes a judgement and makes ijtihaad
and is right, he will have two rewards. If he passes a
judgement and makes ijtihaad, and makes a mistake, he will
have one reward." (Narrated by Muslim, 1716)
From Usool al-Deen al-Islami by Shaykh Muhammad
ibn Ibraaheem al-Tuwayjri (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
9516: Should the easier fatwa be followed?
Question:
I know that the normal people are to ask people
of knowledge about issues that they do not know and
that we are to follow the opinion of someone we
trust. However, how do we select between fatawaas of two
or three different `aalims each of whom we trust and
who are known for their knowledge and piety and the
`aalims themselves respect each other. So if we select the
easier one of the fataawas, are we liable ? Please clarify
this important issue.
Answer:
Praise be to Allaah.
It is not permissible for you to follow the easier
fatwa, rather you have to fear Allaah and not follow your
own desires. You should be determined to follow the truth
even though it may be bitter to you. With regard to
muftis (scholars who issue fatwas), you must look at
two important matters
1) Their taqwa (piety), awareness of Allaah and righteousness Their knowledge .
These two matters are essential to the mufti. They
are like the wings of a bird; one is no use without the other.
If you see visible signs of righteousness in the mufti,
and you can see enough of his awareness of Allaah and
piety to make you feel reassured that whims and desires
will not lead him to speak about Allaah without knowledge
or contrary to the evidence (daleel), then this takes care
of the first matter. If we add to that what you can see of
his knowledge of the shar'i evidence and his
understanding, this will make you feel confident about his fatwas. If
you find another who is like him or is close to him
in knowledge and taqwa, but he gives a different fatwa,
then you have to look for something that will make you
feel that the truth is with one of them, such as when one
of them mentions and refutes the evidence of the other.
A mufti is like a doctor. Do you not see that some
doctors are more knowledgeable than others? Don't you feel
more comfortable with one than another, because you see
that he is more concerned with diagnosing your
sickness properly, so he listens to your complaints carefully
and asks lots of questions related to your sickness. Whilst
you may see another doctor who is in such a hurry to take
a decision that this makes you complain about him, and
he may give you medicine that has nothing to do with
your sickness. Just as you try hard to choose the right doctor
to treat your body, so you must also try hard to find the
right mufti, who is the one who you think will help you
to keep your religious commitment sound, even if it is
bitter to you.
Shaykh Sa'd al-Humayd (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
10645: Is it permissible for a Muslim to choose the
easiest scholarly opinion?
Question:
When there is an issue of ikhtilaaf or a difference of
an opinion on a matter,I hear alot of people say
things like,well, it's a difference of opinion so I am going to
do what is easiest for me to do. Is this the
correct understanding to get, if not how should one go
about choosing an opinion to follow?
Answer:
Praise be to Allaah.
It is not right for a Muslim to choose the easiest
opinion, because in this way he will get out of the obligations
of sharee'ah, or most of them, because in most matters
_ apart from the basic principles of Islam _ there
are differences of opinion. In the past, they used to say
that the one who follows the rukhsah (dispensation,
easy option) has become a heretic. It is obligatory to
choose the scholarly opinion which is most correct according
to the daleel (evidence), if one is qualified to examine
and weigh up the matter. If a person is not qualified, then
he has to follow the scholar who he thinks is most
trustworthy in terms of knowledge, commitment to Islam and taqwa.
`Abd al-Kareem al-Khudayr (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
8294: Differences among the fuqahaa'
Question:
What is the meaning of the expression, "This is
a controversial matter, this is a matter concerning
which the fuqahaa' differed"? What is the correct
attitude towards this?
Answer:
Praise be to Allaah.
Undoubtedly there are matters concerning which
there are differences among the scholars, matters which
are subject to ijtihaad. What the scholars have said, in
the past and in modern times, about controversial matters
and ijtihaad is well known, but nowadays it is stirred up in
a manner that takes it beyond the framework of
research into controversial matters which are the subject of ijtihaad.
· In most cases, controversy is stirred up in matters
which are regarded as social or academic issues. The purpose
is not mere differences of fiqhi opinion. Many
westernizers, for example, stir up issues that have to do with
women, concerning which scholarly differences have
been reported. The motive for doing this is far removed
from mere differences of fiqhi opinion. It is an excuse
for westernization that will soon go beyond the disputed
issue to affect matters which are indisputably haraam.
· These issues are stirred up by people who are not
scholars or fuqahaa', who do not have a proper understanding
of research into matters of sharee'ah. They only adopt
the views of fuqahaa' which happen to suit their own
whims and desires.
· In most cases they take things out of context, and
the fiqhi dispute is taken as an excuse and is applied to
a wider range.
The following has to be said about this matter:
- that there is a difference between matters of
controversy and matters which are subject to ijtihaad. Not every
issue concerning which there are reports of differences
among the scholars can be counted as a matter in which no
views may be denounced [i.e., all are acceptable]. That
applies only to matters of ijtihaad. Ibn al-Qayyim (may
Allaah have mercy on him) said: "Their view that in matters
of dispute no views may be denounced is not correct.
The denunciation is directed either at the opinion and
fatwa, or at the action. In the first case, if the opinion goes
against Sunnah or a well-known ijmaa' (consensus), it must
be denounced unanimously. This confusion arises when
the one who says it believes that controversial matters
are matters which are subject to ijtihaad, as is believed
by groups of people who do not have deep knowledge.
The correct view is that of the imaams, which is that there
is room for ijtihaad in cases where there is no clear
evidence which we should follow, such as a saheeh hadeeth
which does not conflict with other evidence of the same
calibre . There are many ssues concerning which the earlier
and later generations differed, but in many cases we
have reached a point of certainty as to which of the two
views is correct."
(I'laam al-Muwaqqi'een, vol. 3/288).
- The reference point in all cases must be the texts of
the Qur'aan [Qur'an, Quran] and Sunnah. When there is saheeh evidence
it must be referred to and followed; it is not right to
follow the opposite view with the excuse that there are
differences of opinion on the matter. If the saheeh Sunnah which
has been reported via a sound chain from the Prophet
(peace and blessings of Allaah be upon him) is rejected
because there is someone who says something different
concerning this matter, this implies that a person thinks that the
words and commands of the Prophet (peace and blessings
of Allaah be upon him) do not carry any weight unless
people unanimously agree with it, and the fact that
someone disagrees with it, no matter who he is, is taken as a
reason to take away this authority [of the Sunnah] and leave
the matter wide open (to dispute). This is a dangerous
path, and the one who follows it needs to review his faith.
- It is essential to pay attention to teaching people to
submit to Allaah and to respect the texts of sharee'ah, and
to take their religion seriously, and to avoid easy
options and the mistakes made by the scholars.
- Beware of entering into debates of fiqh with such
people on such topics. This is what they want. It is possible
and is acceptable for a man to look into a matter and
discuss it with knowledgeable people who understand
the specialized terminology of fiqh, and who sincerely
desire the truth and are striving for it. But those who stir
up these issues do not have a good understanding of
the terminology of fiqh or of the objectives of sharee'ah;
they are simply interfering with something which they are
not qualified to handle, and their desires have led them
to indulge in discussing matters of religion.
By Muhammad ibn `Abd-Allaah al-Duwaysh
,Al-Bayaan magazine, issue #153, p. 28 (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
10521: Claim that the Sunnah cannot be trusted
Question:
Some people reject the Sunnah on the basis that there
are many weak and fabricated ahaadeeth and that
the fabrications of many liars weaken the Sunnah and
make it such that it cannot be trusted. What is your
opinion about this claim?
Answer:
Praise be to Allaah.
This is the view of some heretics and misguided
people, both in the past and nowadays. In modern times,
those who expressed this view include Saalih Abu Bakr in
his book al-Adwaa' al-Qur'aan [Qur'an, Quran]iyyah; Husayn Ahmad
Ameen in Daleel al-Muslim al-Hazeen; Ahmad Ameen in
Fajr al-Islam; `Abd-Allaah al-Na'eem in Nahwa Tatweer
al-Tashree' al-Islaami; Sa'eed al-`Ashmaawi in
Haqqeeqat al-Hijaab; Saalih al-Wardaani in his misleading
book Rihlati min al-Sunnah ila al-Shee'ah; `Abd
al-Jawaad Yaaseen in al-Sultah fi'l-Islam; Nasr Abu Zayd in
Imaam al-Shaafa'i; Zakariya `Abbaas Dawood in
Ta'ammulaat fi'l-Hadeeth; Hawlat Nahr in
Diraasaat Muhammadiyyah; Maurice Bucaille in
Diraasat al-Kutub al-Muqaddisah; Murtada al-`Askar in
Khamsoon wa Mi'ah Sahaabi Mukhtalaq; Dr. Mustafa Mahmood in
Maqaalaat `an al-Shafaa'ah.
We say: it is true that there were fabricators and liars
who made up words and attributed them to the Messenger
of Allaah (peace and blessings of Allaah be upon him),
but the matter is not quite so simple as imagined by
those doubters who also spread doubts among others. They
are unaware of the facts about how the Muslims took care
of the Sunnah. Alongside the fabricators, there were
great numbers of narrators who were trustworthy and
highly skilled, and a large number of scholars who
surrounded the hadeeths of the Messenger of Allaah (peace
and blessings of Allaah be upon him) with a strong
barrier which was difficult for the liars to penetrate. By means
of their vast knowledge and deep insight, these muhaddithoon (scholars of hadeeth) were able to spot
the liars and understand their intentions and motives, and
they were able to detect everything that was falsely
attributed to the Messenger of Allaah (peace and blessings of
Allaah be upon him). These fabricators were not given free
rein to do as they wished with the ahaadeeth of the
Prophet (peace and blessings of Allaah be upon him), and
they were given no room to penetrate the ranks of
trustworthy narrators of ahaadeeth without being detected.
Who else exposed the lies of these kaafirs, heretics
and extreme innovators?
Who were the ones who gave us the definition of what
is fabricated, the reasons for fabrication, different types
of fabrications and the signs by which a fabricated
report may be recognized? Who wrote so many books on
this issue?
They are the guardians of Islam, the vicegerents and
troops of Allaah on His earth. They are the brilliant scholars
of whom Haaroon al-Rasheed spoke when he arrested
a heretic and ordered that he be executed. The heretic
said, "Why are you executing me?" Haaroon al-Rasheed
said, "To rid the people of you." The heretic said: "O
Ameer al-Mu'mineen, what will you do about the
thousand ahaadeeth _ according to one report, four
thousand ahaadeeth _ which I have fabricated and spread
among you, in which I made what is halaal haraam and what
is haraam halaal, of which the Prophet uttered not
one letter?" Haaroon al-Rasheed said to him: "What will
you do, O enemy of Allaah, about Abu Ishaaq al-Fazaari
and `Abd-Allaah ibn al-Mubaarak? They will go through
them and sift them letter by letter."
(Tadhkirat al-Huffaaz by al-Dhahabi, 1/273;
Taareekh al-Khulafaa' by al-Suyooti, p. 174).
Professor Muhammad Asad said: "The existence
of fabricated ahaadeeth cannot be taken to prove that
the entire system of hadeeth is not to be trusted, because
these fabricated ahaadeeth never deceived the
muhadditheen as some European critics claimed, oversimplifying
the matter, and as was echoed by some who claim to
be Muslims."
(al-Islam `ala Muftaraq al-Tareeq, p. 96)
We will end this discussion by quoting what was said
by Imaam Ibn al-Qayyim al-Jawziyyah: Imaam Abu'l-Muzaffar al-Sam'aani said: "If they say: there are
too many reports in the hands of the people and they
have become confused, we say: no one is confused except
those who are ignorant. Those who have knowledge of
them (the reports) check them as stringently as those who
deal with money check dirhams and dinars. So they single
out (and discard) the false reports and keep the good
reports. If there happens to be a narrator who made a
mistake, this will not go unnoticed by the brilliant scholars
of hadeeth. These scholars listed the mistakes made in
both the isnaad (chain of narrators) and matn (texts) of
reports; so you can see that for each narrator they made a list
of the mistakes that he had made and the letters that he
had mispronounced. If the mistakes of the narrators _ in
both the isnaad and the matn _ did not go unchecked,
then how could the fabricated ahaadeeth manufactured by
the heretics have slipped past those brilliant scholars?
How could people have narrated ahaadeeth from
heretics without the scholars noticing? That is the view of
some heretics, but no one would say such a thing except
one who is ignorant, misguided, an innovator and a liar
who wants to undermine the saheeh ahaadeeth and true
reports of the Prophet (peace and blessings of Allaah be
upon him) and confuse ignorant people by means of this
lie. There is no evidence for rejecting the reports of
the Messenger of Allaah (peace and blessings of Allaah
be upon him) that is weaker or more impossible than
this. The one who voices this view deserves to be
silenced and expelled from the Muslim lands. Mukhtasar
al-Sawaaiq al-Mursalah, 2/561 ,Al-Bayaan magazine,
issue #153, p. 26 (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
10845: Should we adopt a gradual approach when
applying the rulings (of sharee'ah)?
Question:
What is the difference between the gradual approach
in the forbidding of alcohol, and the command of
jihaad, whereby we are required to abide by the final ruling
on alcohol (i.e., total prohibition) but are told to do of
jihaad only as much as we are able?
Answer:
Praise be to Allaah.
After the religion was perfected and the rulings
of sharee'ah took their final shape by the time the
Prophet (peace and blessings of Allaah be upon him) died,
the rulings of Islam are to accepted in their entirety and it
is not permissible to take a gradual approach in
applying the rulings _ unlike the case at the beginning of Islam.
In the case of alcohol, for example, every Muslim is
obliged to believe that it is haraam to drink it. Whoever
believes otherwise _ when he is aware of the prohibition _ is
a murtadd (apostate), because he is denying
something which is well known to be forbidden in Islam, from
the evidence of sharee'ah, and by scholarly consensus.
With regard to the commandments of sharee'ah, the
extent to which one is obliged to do them is connected to
the extent of one's ability to do them. One is not obliged
to do that which one is not able to do or that which
will cause one undue difficulty or harm. Everyone will be
held accountable according to his own circumstances.
Whether or not jihaad is obligatory on an individual or on
the ummah as a whole depends on the situation. We
cannot say that this is the matter of a gradual approach
in legislation (sharee'ah). Allaah says (interpretation of
the meaning):
"So keep your duty to Allaah and fear Him as much
as you can" [al-Taghaabun 64:16]
And it was reported that the Prophet (peace and
blessings of Allaah be upon him) said: "Whatever I
have commanded you to do, do as much of it as you can,
and whatever I have forbidden you, avoid it." Fataawaa
al-Lajnah al-Daa'imah, 12/238-239 (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
2071: When can a young man make ijtihaad and
issue fatwas?
Question:
When can a young man make ijtihaad and issue
fatwas? Some of the young people, when they become
religious, indulge in examining and discussing the evidence
(daleel) and speak about the rulings on events and issues
that happen, in terms of what is halaal and what is
haraam. They give their opinions on the rulings of fiqh on
some new matters that have arisen in modern times.
Answer:
Praise be to Allaah.
There are conditions attached to making ijtihaad.
Not every individual has the right to issue fatwas and
make pronouncements on matters, unless he has knowledge
and is qualified. He has to be able to know the daleel;
the wording and apparent meaning of the texts; what is
saheeh (sound) and what is da'eef (weak);
al-naasikh wa'l-mansookh (what abrogates what); wording
and interpretation of texts; what is specific in application
and what is general; what is stated in brief and what
is mentioned in detail. This needs lengthy experience
and practice, knowledge of the various branches of fiqh
and where to look for information; knowledge of the
opinions of the `ulamaa' and fuqahaa', and memorization
or knowledge of the texts. Undoubtedly issuing
fatwas without being qualified to do so is a grave sin, and
means that one is speaking without knowledge. Allaah
has warned us against that, when He said (interpretation
of the meaning):
"And say not concerning that which your tongues
put forth falsely: "This is lawful and this is forbidden," so
as to invent lies against Allaah. Verily, those who invent
lies against Allaah will never prosper." [al-Nahl 16:116].
In a hadeeth: "Whoever was given a fatwaa with no
proof, his sin will go back on the one who gave him the
fatwaa." (Saheeh; narrated by Imaam Ahmad, 2/321).
The seeker of knowledge should not hasten to issue fatwas or to
speak on an issue until he has found the source and daleel
for what he is saying, and who has spoken about it
previously. If he is not qualified to deal with the matter, he
should pass it on to someone who is better able to deal with
it, and he should limit himself to that which he knows,
and continue learning and studying until he is qualified
to make ijtihaad. And Allaah is the Guide to the
Straight Path.
Al-Lu'lu' al-Makeen min Fataawaa al-Shaykh ibn
Jibreen (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
6586: Will a person who neglects the Sunnah be punished?
Question:
Alhamdulillah, All praise is due to Allah (swt), we
ask his for His guidance and we seek refuge from the
evil within ourselves.
As Allah (swt) said " Fas aluu ahla thekre in kuntum
laa ta'lamuun". So my Question is:
1. Will Allah (swt) Punish Us if we leave the Sunnah
of the Prophet (sallahu alaihi was salam)?
Note: Any kind of Sunnah whether it's shaving
men's beard or not praying 2 raka'a befor fajar. Please repl
to me soon.
Jazaka'allahu Khairan
Answer:
Praise be to Allaah.
The word "Sunnah" has two meanings:
· the path of guidance, which is the meaning in
many ahaadeeth, such as the words of the Prophet (peace
and blessings of Allaah be upon him): "Whoever turns
away from my Sunnah has nothing to do with me."
· What the scholars of usool and fiqh call
"mustahabb (encouraged)", which are deeds for which the one
who does them will be rewarded, but the one who does not
do them will not deserve to be punished for that.
Examples include al-Sunan al-Rawaatib (Sunnah prayers which
the Prophet (peace and blessings of Allaah be upon him)
did regularly), Salaat al-Duhaa and so on.
Therefore, a person will not be punished for not
doing things which are Sunnah in the second sense. With
regard to the first definition, this is not the case, for these
are divided into things which are obligatory
(waajib) and things which are supererogatory
(naafil).
Sunnat al-Fajr and al-Witr are Sunnah
Mu'akkadah, prayer which the Prophet (peace and blessings of Allaah be
upon him) never omitted to do, whether he was travelling
or not.
Letting the beard grow is an obligation
(waajib); it does not come under the category of Sunnah as defined by
the fuqahaa'. Whoever shaves his beard is imitating
the Majoos (Zoroastrians), going against the
Fitrah (natural disposition of man), and changing the creation of Allaah.
The one who neglects an act that is an obligatory
Sunnah will be punished; the one who neglects a
mustahabb Sunnah will not be punished, but he is missing out on
a great reward and the chance to make up any shortfall
in his obligations (waajibaat), because on the Day
of Resurrection, any shortfall in his obligations will be
made up from his Sunnah actions, if he has any to his
credit. Doing Sunnah actions is also a means of maintaining
the practice of waajib actions.
The scholars also use the word "Sunnah" in contrast
to bid'ah (reprehensible innovation) and say "Ahl
al-Sunnah" (the people or followers of Sunnah) to
distinguish them from the followers of misguided kaafir sects
such as the Jahamiyyah, or innovators who are not kaafirs,
such as the Ash'aris and others. The Sunnah in this sense
has to be followed. Following the way of Ahl al-Sunnah
is obligatory, and whoever departs from their way is
doomed. Imaam Maalik (may Allaah have mercy on him) said:
the Sunnah is like the ship of Nooh: whoever boards it
will be saved and whoever stays behind will be drowned.
For more information, please see Question #1189; for
the ruling on shaving the beard, please see Questions #
3440 and #604.
And Allaah knows best.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
3922: Who is to say what is halaal and haraam ?
Question:
Assalamu a'laikum How can we make things haraam
or halaal (such as smoking or avoiding tax or
insurance) when Allah (SWT) Himself is the only One to say
what is halaal and what is not?
Answer:
Praise be to Allaah. Allaah, may He be exalted,
says (interpretation of the meanings):
"The command (or the judgement) is for none but
Allaah. He has commanded that you worship none but
Him…" [Yoosuf 12:40]
"And say not concerning that which your tongues put
forth falsely: `This is lawful and this is forbidden.,' so as
to invent lies against Allaah. Verily, those who invent
lies against Allaah will never prosper." [al-Nahl 16:116]
"Say [O Muhammad, to the polytheists]: `Tell me,
what provision Allaah has sent down to you! And you
have made of it lawful and unlawful.' Say [O
Muhammad]: `Has Allaah permitted you (to do so) or do you invent
a lie against Allaah?'" [Yoonus 10:59]
It is only for Allaah to say what is halaal and what
is haraam, because He is the Law-giver, and there is no
law-giver besides Him. When we say that a given thing
is haraam, or halaal, we refer to the evidence in the Book
of Allaah and the Sunnah of His Messenger (peace
and blessings of Allaah be upon him). Whatever we find
is prohibited therein, we take as haraam, and whatever
we find is permitted, we take as halaal. We refer to the
sayings of the Sahaabah (Companions of the Prophet (peace
and blessings of Allaah be upon him) and the Taabi'een
(the generation after the Sahaabah) _ may Allaah be
pleased with them _ and the commentaries of the Salaf
(first generations of Islam) on the texts of the Qur'aan [Qur'an, Quran]
and Sunnah, and we refer to the sayings and ijtihaad of
the scholars.
It is not permissible for us to allow or prohibit
however we wish. When new issues come up, if we do not find
a text in the Qur'aan [Qur'an, Quran] or Sunnah, or in the sayings of
the scholars of the salaf or the scholars of Ahl al-Sunnah
wa'l-Jamaa'ah who came before us, then we have to refer
to trustworthy scholars and people of understanding,
as Allaah commands us (interpretation of the meaning):
"… so ask of those who know the Scripture…"
[al-Nahl 16:43]. These are the scholars, who can do
ijtihaad, examine the matter and make analogies (qiyaas) with
the existing texts of Islam, taking into consideration
the principles of necessity, and taking note of what is
harmful to the interests of sharee'ah and what is beneficial,
relying on the basic general principles of sharee'ah, such as
the aayah (interpretation of the meaning), "… he allows
them as lawful al-tayyibaat [(i.e., all good and lawful
things as regards things, deeds, beliefs, persons, foods,
etc.]…" [al-A'raaf 7:157] and the hadeeth, "There should be
no harming nor reciprocating harm" (reported by Ibn
Maajah, 2331), and avoiding following whims and desires.
Every evil thing that is proven to be harmful is haraam,
and every good and beneficial thing is halaal. If it is not
known that it is either harmful or beneficial, then the
general rule is that it is permissible (mubaah). And Allaah
knows best.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid
(www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
1053: Does the Sunnah govern people's worldly affairs?
Question:
There is a sect which is no less dangerous than the
sect which rejects the Sunnah altogether; they say, "We
accept the Sunnah as a source of legislation for matters
of worship, but when it comes to legislation or conduct
in the matters of this world, we are not obliged to
follow any part of the Sunnah in this regard," and they cling
to weak evidence, such as the incident of the pollination
of the date-palm trees. How should we respond to them?
Answer:
Praise be to Allaah.
The story of the pollination of the date-palm
trees describes how, when the Prophet (peace and blessings
of Allaah be upon him) migrated to Madeenah, he saw
the people there pollinating the date-palm trees by hand,
and he said to them, "If you do not do this, it should still
be fine." So they did not do it, and the crop failed,
producing only bad dates. He passed by them and said, "What
is wrong with your date-palms?" They said, "You told
us such-and-such." He said, "You know best about the
affairs of your world." (Reported by Muslim, 4358).
This report, if it indicates anything, indicates that
with regard to worldly matters that have nothing to do
with halaal and haraam or right and wrong, but are matters
of trial and error, do not come under the mission of
the Messenger (peace and blessings of Allaah be upon
him) as the conveyor of the Message from His Lord.
This hadeeth indicates that these matters are subject to
trial and error. The Messenger (peace and blessings of
Allaah be upon him) set us a practical example to encourage
us, in worldly matters that have nothing to do with
legislation, to do our utmost to find out which way of dealing
with them is best, to research and explore these matters,
to analyze our findings and observations, and to do
other things that would help us to develop and make
progress in the fields of agriculture, industry, construction and
so on. In matters on which sharee'ah is silent and did
not give any specific ruling, we are permitted to act
within the general guidelines of Islam, such as the principle
of not causing or reciprocating harm, and so on.
There is a big difference between this incident and
its implications, and the reports in which the
Messenger (peace and blessings of Allaah be upon him) stated
that things were halaal or haraam, or that something
would lead to punishment or not, or that certain transactions
are valid or not, and other worldly or religious
matters, because these formed the main part of his mission,
and Allaah has commanded us to obey the Messenger
(peace and blessings of Allaah be upon him) in everything
that he has conveyed from his Lord. (al-Mawsoo'ah
al-Fiqhiyyah, 1/45).
Those who try to confine Islam only to rituals of
worship, such as prayer, fasting and Hajj, and want to
separate religion from other aspects of life such as the
social, economic and political spheres, and say that these
are human affairs in which people can do whatever they
want and can legislate and govern however they wish _
these people are kaafirs and wrongdoers who do not want
to make the sharee'ah of Allaah prevail in people's lives
or to allow Islam to guide the people's affairs, even
though Allaah has revealed it to govern and control and
regulate, and life cannot be properly run and people cannot be
happy without it. Without Islamic rule, people are lost
and confused in the darkness, as we see today in all
those societies that are not ruled by the sharee'ah of Allaah.
We ask Allaah to guide us and to open our eyes and help us
to accept and follow Islam. May Allaah bless our
Prophet Muhammad.
Islam Q&A Sheikh Muhammed Salih
Al-Munajjid (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
604: Justification for following the Sunnah
Question:
Why do we have to follow the sunnah of the
prophet Muhammad and not just follow the quraan ?
Why do we have to follow a specific Mathab?
Answer:
Praise be to Allaah.
The first question may appear strange and
somewhat surprising to committed, practising Muslims. How
can something which is so obviously one of the bases of
Islaam become a matter for discussion and debate? But since
the question has been asked, we will present, with the
help of Allaah, the principles and bases of the importance
of the Sunnah, the obligation to follow it and the
ruling concerning those who reject it. By so doing, we will
also refute the doubters and the misguided group who
call themselves "Qur'aan [Qur'an, Quran]iyyeen" (the Qur'aan [Qur'an, Quran] has nothing
to do with them!) In sha Allaah this discussion will be
of benefit to everyone who wants to understand the truth
of the matter.
Proof of the importance of the Sunnah
(1) The Qur'aan [Qur'an, Quran] speaks of the importance of the
Sunnah, for example:
(a) Allaah says (interpretation of the meaning): "He
who obeys the Messenger has indeed obeyed Allaah . . ."
[al-Nisaa' 4:80] Allaah described obedience to the
Prophet (peace be upon him) as being a part of obedience to
Him. Then He made a connection between obedience to
Him and obedience to the Prophet (peace be upon him):
"O you who believe! Obey Allaah and obey the Messenger
. . ." [al-Nisaa' 4:59]
(b) Allaah warns us not to go against the Prophet
(peace be upon him), and states that whoever disobeys him
will be doomed to eternal Hell. Allaah says (interpretation
of the meaning): ". . . And let those who oppose
the Messenger's commandment beware, lest some
fitnah (trial, affliction, etc.) befall them or a painful torment
be inflicted on them." [al-Nur 24:63]
(c) Allaah has made obedience to His Prophet a
religious duty; resisting or opposing it is a sign of hypocrisy:
""But no, by your Lord, they can have no Faith, until they
make you [Muhammad] judge in all disputes between
them, and find in themselves no resistance against
your decisions, and accept (them) with full submission."
[al-Nisaa' 4:65]
(d) Allaah commands His slaves to respond to Him
and His Messenger: "O you who believe! Answer Allaah
(by obeying Him) and (His) Messenger when he calls you
to that which will give you life . . ." [al-Anfaal 8:24]
(e) Allaah also commands His slaves to refer all
disputes to him: ". . . (And) if you differ in anything
amongst yourselves, refer it to Allaah and His Messenger . . ."
[al-Nisaa' 4:59]
(2) The Sunnah itself indicates the importance of
the Sunnah. For example:
(a) Al-Tirmidhi reported from Abu Raafi' and others
that the Prophet (peace be upon him) said: "I do not want
to see any one of you reclining on his couch and, when
he hears of my instructions or prohibitions, saying `I
don't accept it; we didn't find any such thing in the Book
of Allaah.'" Abu `Eesaa said: This is a saheeh hasan
hadeeth. (See Sunan al-Tirmidhi, Shaakir edition, no. 2663).
Al-'Irbaad ibn Saariyah, may Allaah be pleased with
him, reported that the Prophet (peace be upon him)
said: "Would any of you think, reclining on his couch,
that Allaah would only describe what is forbidden in
the Qur'aan [Qur'an, Quran]? I tell you, by Allaah, that I have warned
and commanded and prohibited things that are as
important as what is in the Qur'aan [Qur'an, Quran], if not more so." (Reported
by Abu Dawud, Kitaab al-Khiraj wa'l-imaarah
wa'l-fay').
(b) Abu Dawud also reported from al-'Irbaad ibn
Saariyah, may Allaah be pleased with him, that "the Messenger
of Allaah (peace be upon him) led us in prayer one day,
then he turned to us and exhorted us strongly . . . (he
said), `Pay attention to my sunnah (way) and the way of
the Rightly-guided Khaleefahs after me, adhere to it and
hold fast to it.'" (Saheeh Abi Dawud, Kitaab
al-Sunnah).
(3) The scholars' consensus (ijmaa') affirming
the importance of the Sunnah.
Al-Shaafi'i, may Allaah have mercy on him, said: "I
do not know of anyone among the Sahaabah and
Taabi'een who narrated a report from the Messenger of Allaah
(peace be upon him) without accepting it, adhering to it
and affirming that this was sunnah. Those who came after
the Taabi'een, and those whom we met did likewise: they
all accepted the reports and took them to be sunnah,
praising those who followed them and criticizing those who
went against them. Whoever deviated from this path would
be regarded by us as having deviated from the way of
the Companions of the Prophet (peace be upon him) and
the scholars who followed them, and would be considered
as one of the ignorant.
(4) Common sense indicates the importance of
the Sunnah.
The fact that the Prophet (peace be upon him) is
the Messenger of Allaah indicates that we must
believe everything he said and obey every command he gave.
It goes without saying that he has told us things and
given instructions in addition to what is in the Qur'aan [Qur'an, Quran]. It
is futile to make a distinction between the Sunnah and
the Qur'aan [Qur'an, Quran] when it comes to adhering to it and
responding to it. It is obligatory to believe in what he has told us,
and to obey his instructions.
The ruling concerning those who deny the importance
of the Sunnah is that they are kaafirs, because they deny
and reject a well-known and undeniable part of the religion.
As regards your second question, about whether a
Muslim is required to follow a particular madhhab, the answer
is that he does not have to. For the average "rank and
file" Muslim, his madhhab is that of his mufti or the
scholar whom he consults for religious verdicts; he must ask
those pious scholars whom he trusts for opinions
when necessary. If a person has enough knowledge to
distinguish which evidence and opinion is stronger, then he
must follow the scholarly opinion which has the
strongest support from the Qur'an and Sunnah. It is acceptable
for a Muslim to follow one of the four well-known
madhhabs, on the condition that he understands that the truth in
any given issue may lie with another madhhab, in which
case he must ignore his own madhhab's opinion and
follow the truth. The Muslim's aim is to follow the truth that
is in accordance with the Qur'an and Sunnah. The
madhhabs of fiqh are only a means of reaching
ahkaam (rules) based on the Qur'aan [Qur'an, Quran] and Sunnah, they are not Qur'aan [Qur'an, Quran]
and Sunnah.
We ask Allaah to show us the truth and help us to
follow it, and to show us falsehood and help us to avoid it.
May Allaah bless our Prophet Muhammad.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
 |
|
PAGES: 362
(6 in x 9 in)
ISBN: 1861794061 |
| Click: HERE to Download the book and get two other FREE books | |  | and Get immediate access to the
full volume and the
FREE Bonuses |
|
