Caribbeanmuslims.com

Fiqh-Legal Understanding



    The Response

    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?


    In this belated age there are many people who have cast aside the following of any of the four Imaams completely. Instead, while claiming to follow the Qur'an and Hadith directly, they in reality have begun to follow the interpretations of (make taqleed of!) some modern day ghair muqallid (one who has abandoned taqleed). However, coupled with this they often will be found denigrating the followers of an Imaam and classifing them as people following the Deen of Imaam Abu Hanifa and others — not the Deen of Rasulullah (Sall Allahu alaihi wa Aalihi wa Sallim). They make themselves out as being the only ones who follow Hadith while all others are regarded as being contradictory to the Hadith. Many people have become entrapped in this propaganda. Thus this book sets out to explain proofs of specifically those aspects regarding which the Hanafis are generally made a target of abuse. The purpose is to simply bring to the attention of the unwary person that he is following the Deen of Rasulullah (Sall Allahu alaihi wa Aalihi wa Sallim.) — not some other Deen. This book is not intended to create a climate of debate and argument. As already explained, all the Imaams have their proofs. It is hoped that by the means of this book the baseless propaganda against those who follow one of the four illustrious Imaams will be halted in its tracks. 

    "...This madhhab is the one that [our] fathers and grandfathers chose out of faith, conviction, authority, and proof, and casted off all other madhhabs that preceded it which some nations attempted to impose on them forcefully. In spite of that [coercion, it] only increased their faith, tenacity, and attention to judge from it in their devotional acts and interpersonal dealings; in their mosques, courts, market places, homes, and the rest of their private and public life. They sought out no substitute for it from the time they first came to know it. They used it to settle their disputes, unify their voices, secure their nation, and protect themselves from dispersion..."

    A madhab is a school of interpretation of the laws and rules of the faith that is consistent within its standard rules of interpretation based the understanding of the teachings of God contained in the Qur'an as shown in the explanations and examples of the Prophet Muhammad (s), His Companions (RA) and the living chain of scholars (isnad) who have applied their intellect and devoted their time, energies and devotions to attempt to determine the will of God according to the Qur'an and the Prophetic sunnah (way) in order to make the path to life (this life and the next) easy for the Believers.

    Debate Between  Professor Dr. Allamah Muhammad Sa‘id Ramadan Al-Buti Dean of Department of Religion, University of Damascus, Syria and a Leading Salafi Teacher

    [Nuh Ha Mim Keller:] I will close this answer by translating a conversation that took place in Damascus between Shari‘a professor Muhammad Sa‘id al-Buti, and a Salafi teacher.


    No popular authors found.
    No popular articles found.