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.
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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.
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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.
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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