A guiding, knowledgeable word regarding bid`ah and its rulings

By Shaykh Wahbī Sulaymān al-Ghāwijī

Translated by IPSA students under the guidance of Shaykh Mahdi Hendricks

Translated from the original Arabic : kāmihā”)“Kalimatul ‘Ilmīyyah Hādiyah fil bid‘ah wa ah

Published by Dārul Muslim lil nashr wal tawzī‘, Beirut, 1991

This translation by International Peace Varsity South Africa, 2010

Fasting the month of Ramadan is one of the five pillars of Islam. The Companion Abdullah ibn Umar ibn al-Khattab (Allah be pleased with him) said, “I heard the Messenger of Allah (Allah bless him and give him peace) say: ‘The religion of Islam is based upon five (pillars): testifying that there is no deity except God and Muhammad is the Messenger of God; establishing the prayer; giving zakat; making pilgrimage; and fasting (the month) of Ramadan.’” [Bukhari; Muslim]

In truth, fasting the month of Ramadan is one of the greatest acts of worship a believer can perform. It is an act that cleanses one’s mind, body, and soul from the spiritual and physical impurities of this world. It is an act that brings the hearts of Muslims together on a world-wide level as they endeavor to practice the virtue of self-discipline in unison. And it is an act that satiates the hungry soul for its eagerness to please the Lord of the Worlds.

The act of fasting was also practiced by previous religious communities. Likewise, it has been ordained for the followers of the Prophet Muhammad (Allah bless him and give him peace). Allah All-Mighty says in the Quran, “O ye who believe! Fasting is prescribed onto you as it was prescribed onto those before you, that perhaps ye may (learn) self-restraint.” [Surat Al-Baqara, v. 183]

Forbidden for you are carrion, and blood, and flesh of swine, and that which has been slaughtered while proclaiming the name of any other than God, and one killed by strangling, and one killed with blunt weapons, and one which died by falling, and that which was gored by the horns of some animal, and one eaten by a wild beast, except those whom you slaughter; and that which is slaughtered at the altar and that which is distributed by the throwing of arrows [for an omen]; this is an act of sin.

—– Al-Maidah 5:3

This book is the result of a lengthy collaboration between scholars of Egypt’s prestigious Al-Azhar University and Islamic Hotline or El-Hatef El-Islami organization. Put simply, far too simply, its aim is to contest the growing number of intolerant and/or simply mistaken legal opinions that often go unchallenged in Muslim communities today. Deeply rooted in the legal tradition of ikhtilaf writings, yet utilizing modern means of communication, The Response applies the wisdom of the classical jurists to the complex realities of the contemporary Muslim world.

What can the present work add to the overcrowded and, it seems, increasingly stagnant debate on “how to live as a Muslim in the modern world”?  This book’s importance lies in refocusing our attention on the flexibility and coherence of the works of Sunni Islam’s traditional legal authorities, a point that, while eloquently made in Professor Muhammad Ra’fat ‘Uthman’s introduction, informs the reasoning behind all the legal opinions (fatawa) contained here. Of course, the same kind of reasoning was exercised by the classical jurists, for whom “difference” (ikhtilaf) was perceived as a sign of God’s mercy (rahma).  Sadly, the jurists’ initial courage – their respect for difference, even for ambiguity – is now often forgotten, as the search for a single, monolithic reading to solve all problems regularly results in discussions breaking down into mere polemic. In troubled times, the authors invite Muslims to exercise compassion and common sense in their dealings with each other. The advice given is not to judge harshly someone who fails to live up to your standards, or who prefers a different path, or who is ignorant of the law in a particular instance.           

The Response is written primarily for Muslims who, in searching for guidance, have been given simplistic, problematic and often dangerous readings of the faith.  Its hope – for Muslims to value patience, caution and mercy – should not be misread as a call for undue lenience. The lines separating Muslim behavior from that of non-Muslims are clearly delineated. One example will suffice: while certain commentators prohibit Muslims from congratulating non-Muslims on the latter’s festival days, The Response permits this (fatwa no. 15); yet, it also links this permission to the condition that Muslims do not, while interacting with non-Muslims, begin to emulate their thinking or behavior. Any act that endangers a Muslim’s commitment to his or her faith is strongly discouraged; what is most important in establishing ethical and legal culpability is the underlying intention (niyya). The classical jurists would have agreed. 

Originally composed in Arabic, this work was translated into English with a sense of urgency: it needed to be done, and it needed to be done now. The Response joins a growing body of scholarship through which the early legal scholars of Islam are permitted once again to speak for themselves. In contrast to the idiosyncratic interpretations of certain contemporary Hanbali scholars, the books’ authors realize the need for some rulings to be adapted to modern settings; they strive to do so without sacrificing the fundamental principles upon which the original rulings were based (e.g. fatwa no. 75). Needless to say, not all the opinions recommended here will convince all readers. But, these authors would contend, that is not the main issue at stake. For, as they repeatedly emphasize throughout their work, so long as an issue produces ikhtilaf among the scholars of Islam, it may not be legally prohibited by Muslims (e.g. fatwa 48). Ultimately, then, the authors’ response to extremism is to leave Muslims, as intelligent readers, to make their own choices, and to live with the consequences of these.

There has recently appeared in this age a group, new in their appearance, archaic in their principles, not following any one of the scholars except Ibn Taymiyah.  They sanctify his words and claim they are not imitating disciples of any one of the four schools of Islamic Law nor of any one of the known scholars of Islam who are sound and straight in belief.  They claim independence (from strict adherence to the four schools).  And they are truly not following any one of these great scholars, nay they are at opposition to them, and they utter things which none of those scholars have ever uttered.  Every one of these individuals harbors a hidden (and illegitimate) school of Islamic law within himself.  They are more ignorant than a goat in his barn.  They are dysfunctional in their minds.  They possess not the ability to form sound opinions regardless of how simple the issue may be.  And they consider themselves as upon clear guidance and truth and they exclude anyone who disagrees with them from Ahl al-Sunnah, while it is they who are excluded from this group.

Types of Worship There are three types of worship, and they are:
 
1. Physical: that which is connected to the physical aspect, e.g. the recitation of the Noble Qur'aan, the tasbīh (praising God the Exalted) and tahlīl (acclamation of God the Exalted), the du`ā' (supplication) and istighfār (repenting), and the salāh (prayer) and sawm (fasting), etc. 

2. Financial: that which is connected to the financial and monetary aspect, e.g. the zakāh (mandatory almsgiving), the sadaqāt (charities) and khayrāt (philanthropies), etc.  

3. Combined (Physical and Financial): that which is a combination of both the physical and financial aspects, e.g. the hajj (annual pilgrimage to the sanctified city of Makkah al-Mukarramah to perform various religious rites), in which both the physique of an individual is necessary to reach Makkah al-Mukarramah in order to perform the rites of hajj, as well as the monetary expenditure that goes with it.

I PRAISE HIM, THE EXALTED AND I SEND MY SALUTATIONS UPON HIS SERVANT, Messenger, and beloved; Muhammad; the unlettered Prophet, and upon his progeny, companions and allies. To proceed: after reading the manuscript     written by the brother, the Habīb, the  `Allāma, Shaykh Zayn b. Sumayt-Bā`alawī al-Husaynī al-Shāfi`ī, I was very pleased with it and found it useful and beneficial.

It contains sound answers—along with reliable legal evidence from the Book and the Sunna—to many controversial issues in which there are differences between the great majority—Ahl al-Sunna—and a minority of opponents. For this reason, I sought the aid of Allah, the Exalted, in publishing this tract with the title: ‘Issues of Controversy’. I did this, asking the Master, the Exalted, to allow the efforts of its author to find acceptance in the hearts and minds, allowing the Muslims to come together upon one common word. He, the Exalted, is the Best One to be asked and He is the Greatest hope. All praise belongs to Allah, the Lord of the worlds.

Yūsuf b. al-Sayyid Hāshim al-Rifā`ī

Issue: All praises and thanks are due to Allah & He suffices; peace be upon His chosen servants.  You asked, may Allah honor you, concerning the practice of setting up circles in the masājid for the purpose of dhikr, in particular the raising of their voices when reciting Lā ilāha illā Allah.  Is this (practice) hated or disliked (makrÅ«h) or otherwise?

Islām is like a fortress, or castle, that is guarded continuously by armed sentinels, within its many-feet thick walls that are impenetrable, save for one heavily protected gate and drawbridge that opens by falling over a crocodile-infested moat, that is many metres wide, and cannot be crossed nor overcome. How do you destroy such a people who are so aggressively protected by revealed laws and sincerely adopted rules, yet are themselves so pure of presence, serene of spirit, modest of manners and content of custody?