Draft Sharh (explanation) of the Book ‘Mafaaheem Hizb ut Tahrir’
Ash-Sheikh Haafizh (Fareed) Saalih (rh)
Allah Ta’Aalaa created the human and distinguished him over all other created things by the ‘Aql (mind/intellect) providing him with great capabilities and possibilities which if utilised as they should with a correct realisation and understanding would make him worthy of being a Khaleefah of Allah upon His earth in truth. The priority of carrying the Deen of Allah Al- ‘Azheem and conveying it to mankind would then be a priority for him and how could this not be the case when Allah (swt) has said:
You are the best Ummah (nation) to have been raised up for mankind, you order the Ma’roof and you
forbid the Munkar and you believe in Allah (Aali ‘Imraan 110).
Having said that, there are however, bases and principles that he must comprehend and understand, so that he can revive upon their basis. He would then be aware of what he is doing having defined and specified his aim. He would then follow the steps and path of the beloved Al-Mustafaa Muhammad (saw) without diverting from that by even the smallest amount whilst placing at the top of his scale of priorities the greatest objective that every Muslim strives for and that is attaining the pleasure of Allah (Ta’Aalaa). (Note: This is where the speech of Al-Marhoom Haafizh As-Saalih begins).
In this way he would have then proceeded in accordance to the practical and constant methodology which is: ‘A thought followed by action for the sake of an objective within the atmosphere of Imaan’. This requires a clear vision of the aim, specifying and defining it and connecting every thought with the Aqeedah. If a clash was to then occur between a Maslahah (benefit) and an objective or between an obstacle and an aim in addition to what can possibly result from the whispers of Shaytaan and what is attached to this in terms of bargaining and making decisions, then this connection to the Aqeedah and adherence to the Hukm Ash-Shar’iy would act as the ultimate barrier in the face of Shaytaan and would prevent him from being taken over by the Nafs that commands itself with badness. All that emanates from the Aqeedah or the pillars which the Aqeedah brought which make clear that which Allah (swt) has promised His believing servants in terms of everlasting bliss, gardens the breadth of which are the heavens and the earth and the pleasure of Allah which is the greatest of all, all of these aspirations would represent his reference point and focus at the time when bargaining and evaluating decisions arise. How can this not be the case for the one who believes in the Qawl (speech) of Allah Ta’Aalaa:
Verily Allah has purchased from the believers their lives and their wealth (in exchange) so that they will have Jannah. They fight in the way of Allah, so they kill and are killed. (It is) a true promise (binding) upon Him in the Torah and the Injeel and the Qur’aan. And who is truer to his covenant
than Allah? So rejoice in your transaction which you have made and that is the great success (AtTaubah 111).
The meaning of the above is that we envision the reality that we wish to be moved to with a vision that dispels every ambiguity and vagueness and removes every obscurity. This is exactly what an architect does when he wants to build a house or a building. The very first thing that he does is to envisage that building and to consolidate that vision upon paper producing what is called a blueprint. He would then make this vision or plan concrete and clear as it would represent the blueprint for every correct action related to the building. This planned action would require knowledge of the nature of the ground which he wants to build upon and as such he would study it in a precise and detailed manner so as to known its condition, circumstances, all that is related to it and would neighbours it. The same applies to a society that one intends to move or transform to being another society that has been envisioned in the mind and for which a blueprint had already been placed down. Knowledge of the make-up of the society that one intends to work in is necessary and this includes knowledge of the relationships that regulate it, the bases upon which these relationships are established, the public custom (‘Urf ‘Aamm) that it has embraced, the thoughts that dominate it, the extent that the people are bound by these thoughts and the extent of the connection of these thoughts to the Aqeedah of the people. This is addition to questions around this such as: Is the Aqeedah of the people still clear and pure or has it been afflicted by obscurities and defects and flaws become attached to it? What are these defects? What formed these obscurities and lack of clarity and how is it possible to get rid of them?
It is only obvious and natural that an examination should take place in relation to the reasons for these defects and their ramifications in addition to understanding when the factors of this obscuring began, what brought them into being or assisted their existence. This must be undertaken so that we can make clear and get rid of these obscurities and remove these defects so that the thought (i.e. the Aqeedah) can return to being clear (Saafiy) and pure (Naqiy). It would be Saafiy in terms of it being clear that every Hukm (legal ruling) is attached to its evidence and every thought or opinion is attached to the Qaa’idah (basis) from which it emanated from or was built upon and it would be Naqiy (pure) as every thought, opinion, Hukm or Qaa’idah that is not from it is distanced and removed from it. This applies whether the thought, opinion, ruling, basis or principle was in opposition to it or not in opposition and whether it resembled it or did not resemble it. This is because every thought, opinion, Hukm, or principle must have been brought by the Aqeedah, built
upon it, been encompassed by it or emanated from it. This then is the approach that anyone who believes in the obligation of making change must follow and I will summarize it in the following:
Firstly: (Acquisition of) Knowledge related to the causes that led to its current condition, the obscurities that overtook its fundamental thought and the defects that became attached to it.
Secondly: Knowledge of the reality of the society that he is living in, with all that it contains and all that surrounds it.
Thirdly: Embody (make concrete) the objective that is sought after to be accomplished and put down the Qawaa’id (principles) and the Usus (fundamentals) that it must be undertaken upon.
These fundamental Mafaaheem (concepts), which must be provided in a clear manner, so that the person who believes in the obligation of changing his reality, can be in compliance to the statement of Allah (swt):
Verily Allah will not change the condition of a people until they change what is in themselves. And when Allah intends ill for a people there is no repelling it and they do not have beside him any helper (Ar-Ra’d 11).
An examination of the causes or reasons that led the society to reaching the state and condition that she is currently in:
Since two centuries the Islamic world has been declining at a phenomenal speed from the level and standing that is fitting for it. It has fallen to the abyss of decline in a terrible and shocking way and as such it is essential to make a quick examination of the factors that drove it in to such a deep condition of decline and present the events or incidents that aided its decline and led to the fall of its State and the destruction of the Khilafah within it.
The intellectual and industrial revolution that took place in Europe in that same period of time and led to the transformation of thoughts and the ruling from Monarchical despotism to democracy and the sovereignty of the people. The people saw the certainty of the need to rid themselves from being under the yoke of slavery and feudalism and to liberate themselves, a matter that they began to believe in and adopt it as a Mabda’ (ideology or fundamental principle) to go forward and implement and carry (spread). In contrast the Islamic world was in a state of stagnation and in a condition of bad understanding and misapplication which weakened and enfeebled the body of the State and its entity and this does not even take into account the events that took place prior to that and accompanied that in a continual manner. The most prominent of these events, realities or instances are the following:
1) The effects of the crusader wars that continued for more than one hundred years. 2) Napolean’s campaign against Egypt and its occupation. 3) The exploitation of internal strife and attempts by the West to interfere in the internal affairs of the State like the strife instigated between the Christians and the Druze of Lebanon in the year 1840 lasting until 1860. 4) The war with Russia and which continued between 1762 and 1796 and the Russians occupied the Crimea and reached the shores of the Black Sea. It then raised itself as the protector of Christianity within the Uthmaani State and then severed Turkistan and the lands of the Caucusus. 5) France’s occupation of Tunisia in 1881. 6) Italy’s occupation of Libya in the year 1911. 7) Britain’s occupation of Aden (Yemen) in 1839. 8) Taking the Muslims away from the authority in India and handing it over to the Christians and the Hindus. 9) Britain taking over control of Egypt in 1882. 10) Britain taking over control of Sudan in 1898. 11) The Wahaabi uprising in the Arabian Peninsula. 12) The attempts of Muhammad Ali to make Egypt independent and the attempts of his sons to take over control of the lands of Ash-Shaam (the Levante).
As for Eastern Europe:
Uprisings in Eastern Europe began to attempt to become independent from the body of the State and the Western States alongside Russia extended assistance until their separation and severance from the body of the State was accomplished. The uprisings began in 1804 and continued until 1878 at which time all of the countries of Eastern Europe had become severed from the body of the State. The same occurred in respect to the Greek uprising in 1826 which ended with Greece’s independence in the year 1830. / The body of the State and its entity:
The arising of Nationalistic Parties like the Union and Progress Association and the Arab Platform Association amongst other nationalist parties which targeted the body of the State from the inside by implanting the nationalist thought amongst the sons of the Ummah which led to the fragmentation and rending apart of the Ummah’s unity and all of them worked to destroy this entity which protected them. It all came to an end with a bullet of mercy (to the head) in the First World War in which the Arab’s participated against their State through an Arab revolution led by Al-Hussein Bin ‘Ali which was named the ‘Great Arab Revolution’. So they removed the entity of the State and destroyed the Khilafah whilst Mustafa Kamaal announced the abolition of the Khilafah on the 3 rd of March 1992 corresponding to the 27 th of Rajab 1342 Hijriy.
The underlying factors behind the occurrence of these events:
The above relates to the events and the speed of the destruction of the Khilafah and the tearing apart of the Islamic world. As for the main underlying reasons behind these events, then the disbelievers had understood and realised that it was not possible to destroy the Islamic State by other than shaking and disrupting the Muslim’s confidence in Islaam within their breasts and by the Muslim’s poor understanding of Islaam and their misapplication of it. As for the weakening its understanding then much of this focused upon the texts which included that which was related to the language that leads to understanding whilst some of it related to its conformity and application upon the reality.
As for what related to the texts, then the true reality of what they (the disbelievers) intended in regards to them was attached to the burning hostility that dominated their hearts and which blinded their sight. As such they did not leave a single scheme or ploy except that they attempted to make the Muslims fall into it and this was after they had given up hope of being able to confront the State militarily. There was a group amongst them which was able to insert fabricated Ahaadeeth attributed to the Messenger of Allah (saw) which included the likes of Ibn ul-Muqaffa’ amongst others from the Zanaadiqah who had entered into Islaam under a false pretence and hypocrisy. However the Muslims were alerted to this danger and dealt with this conspiracy in their time period just as they dealt decisively with the Zanaadiqah’s campaign. The ‘Ulamaa began to collect the Hadeeth by way of its Riwaayah (report) and put into place the study of the date of the narrators and their characteristics until a science was founded called ‘Ilm Ar-Rijaal’ (Science related to the narrators). They similarly brought ‘Ilm ul-Hadeeth’ and ‘Ilm Qawaa’id Ad-Deen’ (Sciences of Hadeeth and the principles of the Deen) which enabled them to make clear and explain the Saheeh Hadeeth and those which were Da’eef (weak) and Mawdoo’ah (fabricated). At the same time the State dealt harshly with this group and as such that conspiracy was made to fail and was buried in its era. As such it did not leave a notable effect upon the Muslims or the Islamic State whilst the Ahaadeeth were recorded by the ‘Ulamaa who devoted themselves to it in the same manner that they were devoted to their Aqeedah and Deen.
As for the Qur’aan Al-Kareem, then the Muslims were alerted to that after the passing of the Messenger (saw) so Abu Bakr (ra) began the process of gathering together the Mus’haf and placed them between two covers whilst be assiduous in regards to what he collected having been written in front of the Messenger of Allah (saw). Follwoing the death of Abu Bakr (ra) the Ameer ul- Mu’mineen ‘Umar Ibn Al-Khattaab (ra) sought permission from Umm ul-Mu’mineen ‘Aa’ishah (ra) to take the Mus’haf from her and so she gave it to him and he then placed it in the house of Umm ulMu’mineen Hafsah (ra) so that he could return to it at anytime that he required. Then in the time of ‘Uthmaan (ra) when the Qiraa’aat (recitals) of the Mus’haf had become many and the occurrence of Fitnah was feared, ‘Uthmaan called the Sahaabah (rah) and wrote the Mus’haf upon one single tongue (language), the language of the Quraish. As such the Mus’haf could not have any doubt concerning it and it was as the Lord of the worlds and all creation stated:
Verily we have revealed the Dhikr (Reminder i.e. Al-Qur’aan) and verily we are indeed protectors for it (Al-Hijr 9).
The above relates to the texts i.e. the Qur’aan and the Sunnah.
As for the language then it is the language that Islaam cannot be understood without it. So the Muslims in the beginning of their efforts carried the language of Islaam alongside their carrying of Islaam to the lands that they opened. They and the non-Arab Muslims fully comprehended that the Arabic language was an essential part of Islaam and a pillar from amongst the pillars of the Islamic culture. This is because the Islamic culture is that which the Islamic Aqeedah has brought i.e. the Kitaab and the Sunnah in addition to all that the Islamic Aqeedah was the reason for its study. From one angle it represents the language which the texts have been brought in and as such it is not permissible for the Qur’aan to be in other than the Arabic language whilst its translation is not given the name of Qur’aan. Secondly, the meanings of the texts cannot be understood nor their scope and reach be realised and fully comprehended in other than the Arabic language. For this reason the Arabic language was a point of major concern and importance amongst the Arabs and non-Arabs from the Muslims. As a result many non-Arabs scholars of the Arab language appeared who were more outstanding than the srcinal Arabs in their linguistic prowess just as many of them stood out as Mujtahideen in Fiqh and others became exceptional and creative poets exceeding the imagination. The concern and care for the Arabic language continued in addition to its sciences and areas of study until the sixth century Hijrah when the Khilafah was transferred to those who did not know the Arabic Language, hadn’t savoured it and did not fully perceive its value and worth. They therefore neglected it and it was no longer the official language of the State and it was even distanced from the State. This all led to confusion (or lack of clarity) in respect to understanding the Ahkaam and as such the State made errors in respect to the application of Islaam upon the newly occurring realities and issues. A result of this neglect in respect to the position of the Arabic language was the closing of the doors to Ijtihaad and the inability of the Muslims to keep up with the times and to treat and deal with its problems (and issues).
The conformity of Islaam upon the reality:
As for the conformity of Islaam upon or to the reality then discussions began to make Islaam proceed and go along with the reality and not to make the reality change in accordance to the Islamic concepts. On the back of this some of the Muslims attempted to change the meaning of Zuhd (asceticism) in Islaam in accordance to Hindu philosophy which demanded frugality and keeping away from the pleasures of the Dunyaa in addition to punishing the body so that the Rooh (spirit/soul) can ascend. They took to seeking the Aakhirah by keeping away from the Dunyaa and indeed they began to shape and utilise the Dunyaa to arrive to the Aakhirah, all of which led to a large force being made redundant from being active within the State, or from carrying Islaam by AlJihaad and opening new lands, or opening the treasures and resources of the land to utilise and invest them in order to raise the standing of the Muslims and Islaam.
Additionally a group arose that adopted another different direction and they were those who wished to refute the Nestorians and Jacobites with the very same weapon that they were using which was
the ‘Ilm ul-Kalaam and found their purpose and aspiration within Greek philosophy. They therefore devoted themselves to its study and knowledge and attempted to reconcile between this philosophy and the Islaam that they held and they became absorbed into all of the areas and issues that the Greek philosophers were embroiled in. As a result of this schools of Kalaam arose which began to dominate the Islamic street as a whole. The matter in regards to this issue was not restricted to refuting the Nestorians and Jacobites alone and carrying the Da’wah in this way and according to this methodology but rather it went far beyond that to encompass philosophy that was mere fantasy which was completely detached from the practical and real reality. This is despite the fact that Islaam is a practical thought that came to treat the problems faced by the human in life. As a consequence of this local strife and internal clashes and struggles arose between these schools and so the Jabriyah refuted the Mu’tazilah whilst the Ahlu-s-Sunnah refuted both of them. The Fitnah that arose in regards to the issue of the ‘Creation of the Qur’aan’ and its effect upon the Muslims represented no more than a fruit of these struggles. When we bear in mind that these struggles had encompassed the entire Islamic street and how each group attempted to seek assistance of the State against their opponents, we would then realise the level of corruption of this matter, the extent of the loss that afflicted the Muslims and the size of the energies and potentials that became redundant or were diverted from proceeding upon the correct path and raise the position and standing of Islaam and the Muslims. /
The Cultural attack and invasion:
Then there was the cultural invasion that the West undertook after its failure in the crusader wars and after realising that the Muslims could not be overcome by force. The intellectual and industrial revolution had begun and the West saw that the eyes of the Muslims had become dazzled by the European revival and this is when they began the intellectual and cultural invasion. They hid behind fake mechanisms like the missionary expeditions, educational missions and the provision of medical assistance as examples. They began to spread their poison within the body of the State and the minds of the Muslims. They carried to the Muslims a Hadaarah (civilisation) which was not their own, a culture (Thaqaafah) which was not their culture and concepts which were not their concepts. The Muslims persuaded themselves that this civilisation and these concepts were taken from Islaam, deducted from the spirit of Islaam. How often is that we have heard in our current time ordinary people saying that the West had taken and adopted our Islaam and revived upon it whilst leaving us as we were? It was not only the ordinary masses who were duped by this deception and trickery alone but rather it also encompassed the majority of the educated and even the Sheikh ul-Islaam passed a Fatwaa stating that whatever does not oppose Islaam is permitted to take whilst producing the principle: ‘That which does not oppose Islaam is from Islaam’. In this way our Sheikh passed a Fatwaa without understanding its danger whilst being ignorant of the fact that Islaam is the Wahi alone and nothing else! And there was ignorance in respect to distinguishing between the Aqeedah and its thoughts, and the Ahkaam Ash-Shar’iyah and their dimensions. His Fatwaa represented a great calamity and through it western laws were permitted to be inserted into the body and entity of the State.
Similarly they were given the picture that Islaam only came as a Rahmah (mercy) to mankind i.e. that it came only to bring Masaalih (benefits) and to ward off or repulse harms or corrupting matters (Mafaasid). So wherever the Maslahah the lay then that was the Shar’a of the Allah and based upon this for example they permitted the opening up of banks and dealing with a little Ribaa due to the bank presenting a great interest and benefit to the Muslims. It also led to other general concepts that tore up the Ummah like those thoughts of nationalism, freedom, justice and equality which the Muslims repeated without knowing their dimensions or consequences.
This is in respect to the texts and the understanding, and the conformity of Islaam to the reality and its proceeding along with it. However, in respect to the practical application of Islaam within life’s reality by the State, then many factors have come together which have led to the mis-application of Islaam. These include:
1) The political parties which arose and those which took the military actions as a means to reach the ruling like the a) ‘Umawiyyoon, b) the ‘Abbaasiyyoon and c) the Faatimiyyoon.
2) The thought of ‘Wilaayat-ul-‘Ahd (hereditary rule) or what is similar to this idea which led to those who were not capable of being entrusted with the affairs of the Muslims assuming the position of ruling.
3) The Wilaayah Al-Mutlaqah (unrestricted Wilaayah i.e. independent).
4) The silence of the Muslims in respect to the presence of two Khaleefah’s (or more than one authority in the Islamic lands) like what happened with Andalus and the Faatimiyyah State.
The negligence of the Arabic language:
The above represents some of the factors that led to the rapid decline of the Islamic world and its arrival to where she is today. And we also find that from the main reasons that led to this condition and indeed the reason for most of the calamities is the severe weakness that overcame the minds in respect to understanding Islaam. And the reason for this weakness was the separation of the power (or potency) of Arabic from the power (or potency) of Islaam and this occurred due to neglecting the affair of the Arabic language which is the language of Islaam and an essential part of it, it is the language that Islaam is understood by and the language which Islaam must be carried by.
It should not be said that Islaam is a Deen from Allah Ta’Aalaa for all of mankind:
And We did not send you except to the whole of mankind as bringer of glad tidings and as a warner. But most of mankind do not know (Saba’a 28).
And that the meanings that it comprises of and the thoughts that it came with have only come for (the benefit) of humans:
And We did not send you except as a mercy for mankind (all of creation) (Anbiyaa’ 107).
And that its address to him is in his capacity as a human being and as such the address is not restricted to one people to the exclusion of others:
O Mankind, fear your Lord, who created you from one Nafs and created from it its mate and dispersed from both of them many men and women. And fear Allah, through whom you as one another, and the wombs. Indeed Allah is ever an Observer over you (An-Nisaa’ 1).
O Man, what has deceived you concerning your Lord Al-Kareem (Al-Infitaar 6).
O Man, indeed you are labouring toward your Lord with (great) exertion and will meet it (AlInshiqaaq 6).
And of His signs is the creation of the heavens and the earth and the diversity of your languages and your colours. Indeed in that are signs for those of knowledge (Ar-Room 22).
O Mankind, verily We have created you from a male and a female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Verily Allah is Aleem Khabeer (Al-Hujuraat 13). It should not be said based upon the above or questioned: How can this Deen be restricted to one single language?
If the Deen is not restricted to a particular Qawm (people/nation) the how can the remainder of humankind be expected to understand it and how can the argument and proof (Hujjah) be established over them? This should not be argued because the requirement is to understand these texts which the Wahi has brought from Allah is speech or expressed by the most noble of Messengers in his language, the Arabic language. So how can the understanding of these texts be realised if man was to abandon or neglect this language? As for the meanings which it has brought then it is permitted to transmit and carry them to the world. Indeed it is obligatory for them to be carried to the world and it is required from the inhabitants of the world to believe in them. They are truthful thoughts and sublime meanings which address the minds of humankind and as such there is no human who has the capability to use his mind accept that he also has the capability and ability to comprehend its meanings and to understand their purposes and significance. In the case where Islaam has overstepped the narrow sphere of nationalism and directed its call and invitation to the whole of mankind and made preference between men or between men and women based upon Taqwaa:
Indeed, the most noble of you in the sight of Allah is the most righteous of you (Al-Hujuraat 13). Then in this case, this human has been addressed with these thoughts and it is required from him to believe in them. He is not required to become a follower or second-class citizen but rather he has been addressed in his capacity as a human being. If he was to believe in these Afkaar (thoughts) then he will be allowed to become just like those who believed from the very first day from amongst the Arabs and the non-Arabs just as it will be open to him to take a position of leadership and undertake the responsibility of carrying the Da’wah which is the fundamental basic or srcinal position of the Muslim and of the Islamic State. This is in addition to the fact that he has been requested or it has been demanded from him to regulate all of his actions within life by the Ahkaam Ash-Shar’iyah which emanate from the Aqeedah of this Deen. How then, in this case, will he be able to understanding these Ahkaam (rulings)? Yes there has been an easing in this matter as Taqleed has been made permissible despite the srcinal position in respect to the person is for him to take the Ahkaam from its source (spring i.e. srcinal water source)) and to not resort to (secondary) irrigation canals in other than in cases of necessity. As such the subject revolves around understanding and in the case where the understanding does not come about with other than this language, it then becomes obligatory to carry the language side by side with Islaam and where the one who embraces this Deen and believes in its Aqeedah learns the Arabic language in order to understand his Deen and to then rise up with this understanding to the seat or position of leadership and not to elevate in order to become an imitator or follower. This is particularly the case when he realises that his existence in this life is only for the sake of carrying the Da’wah.
This in respect to the individual Muslim and his attempt to elevate to the appropriate and fitting station or standing so that he can become in truth a Khalifah (vicegerent) of Allah upon the earth. As for the society and taking care of the affairs of the people, then it is well-known as an obvious matter that the problems in human life occur newly on a daily basis and that these problems are in
need of solutions and treatments. Also that these solutions and treatments must be from that which the Shar’a has brought and that what this Shar’a has brought is manifested in the collection of texts (the Aayaat and Ahaadeeth). Therefore these solutions and treatments must be extracted from these texts and the process of this extraction is that of Ijtihaad. The process of Ijtihaad is to understand the problem in a precise (and accurate) manner and to gain understanding of it reaching a point and level that removes from it any obscurity, unclearness and ambiguity. This is followed by a study of the texts that are related to this problem in a precise manner leading to understanding their meanings (Ma’aaniy) , purposes (Maqaasid) and reasons (‘Illal), until a suitable solution is found within these texts. In the case where these texts are in the Arabic language it is therefore necessary for the Mujtahid (the one who undertakes Ijtihaad) to understand the Arabic language with an understanding that enables him to fully comprehend the meanings of these texts. Ignorance of the Arabic language leads to the halting of the process of Ijtihaad and the stopping of the process of Ijtihaad leads to the accumulation of problems and increases the difficulties and dilemmas. In the case where the problems necessarily require solutions in order to regulate the interests of the people then the situation will become such where solutions are sought from the Fiqh of others and their laws. Islaam will then appear to be incapable of keeping up with the times and age whilst a condition or state of stagnation and despair will manifest in the society and those in charge will slide into the abyss of subjugation and imitation to the Ahkaam (rulings) of Kufr. /
The aforementioned relates to the effect of the language upon the individual Muslim and moving him from a position of subservience and imitation to a station of aptitude, competence and leadership in addition to its effect upon the society and treating its newly occurring problems which do not have a set limit and which must be treated in accordance to that which Allah (swt) has wanted them to be treated by. This is because He (swt) has made clear to us that He will account us for every word we utter and every act we undertake. Indeed He (swt) threatened to account us upon that which we speak (keep) within ourselves and then lightened our burden and made the responsibility related to the Kasb (what the person has gained of good) and Iktisaab (what he has earned of evil).
Allah (swt) said:
To Allah belongs whatever in the heavens and whatever is in the earth. Whether you show what is within yourselves or conceal it, Allah will bring you to account for it. Then he will forgive whom He wills and He will punish whom He wills, and Allah is capable over all things (Al-Baqarah 284).
And the Messenger of Allah (saw) said: ‘The error, forgetfulness and what he speaks (kept) within himself, as long as he does not say it or do it, has been lifted from my Ummah’.
Yes, man will indeed be held accountable for each and every of his actions:
)7( So whoever does an atom’s weight of good will see it and whosoever does an atoms weight of evil shall see it (Az-Zalzalah 7-8).
Yes the human will indeed be accounted for what he gains (of good) and earns (of bad). The farmer, labourer and trader will all be held to account just as the governor, provincial leader and Ameer will be held accountable, and just as the daughter, woman and wife will be. Each and everyone will be held accountable for what they were entrusted with. This means that He (swt) has placed down a Shar’a (legislation and law) for the people to proceed upon and to then organise and regulate their actions in accordance to its requirements. The accounting is like the precision found in examination papers in the case where the examination must be in accordance to a pre-laid out curriculum.
So that mankind will have no argument against Allah after the Messengers. And ever is Allah exalted in Might and Wise. (An-Nisaa’ 165).
Establishing an argument necessitates making clear that which is wanted and required whilst understanding and knowing what is wanted cannot occur in other than the Arabic language.
So in regards to whoever wishes to put himself forward for examination in a German or English university, he will not be able to study its curriculum and answer its questions unless he has first learnt from the language that which is sufficient to understand the subject matter and answer the questions. This is an obvious matter and as such it is from one of the greatest of obligations for the person who has enrolled in the University of Islaam and committed to pass through its examination to understand the language of this university so that he can be successful and achieve what he wants to. And in the case where we believe that are main and srcinal work in this life is only to carry the Da’wah to Islaam, then it becomes obligatory upon us to mix the power (potency) of the Arabic language with the power (Taaqah) of Islaam in respect to what it contains of the power to affect (influence), expand and spread. As long as we do not do this then we will absolutely not be able to make this Ummah revive and indeed we will not be able to stop the deterioration or put a limit to the decline until we reach rock bottom followed by certain extinction, as an Ummah and not as people.
The capability to affect, expand and spread:
As for what we mean by the capability or ability of affect (influence), expand and spread, then in respect to the Arabic language its ability to affect (At-Ta’theer) is made apparent by defining the meaning of affect and effect (influence). The Ta’theer occurs from the capability of embodying the reality and manifesting the aspects in which effect is sought after. By throwing an examining light upon the Arabic language and what it contains of worded expressions and words, there is within it
that which has the ability to embody the thought that is wanted to be made clear. Being affected by it is an embodiment explaining its most precise details, picturing them in such a way that it makes them an expressed pronouncement of the idea in a manner where there is no barrier between it and the hearts which are ready to be affected, to react and be influenced.
The Arabs provided in their language words which were sufficient to describe the reality upon the condition or state that it was upon. So for example they provided seventy names for the lion and this not mean that they are synonyms where they have all been provided for one single named meaning but rather they were provided to express a multiple of situations, conditions or circumstances, different ages and contrasting behaviours. So they would utilise each individual word from these seventy to describe a certain condition, situation or age related to the lion when talking about it. Similar to the plurality of words attached to the naming of the lion the same has also occurred in respect to words provided for love, spite, awareness and knowledge and other than these.
In addition to the abundance of words there is that vivid and live picture that the language is capable of providing:
So when their poet said:
Reeling, fleeing, forward, back, all at once Like a boulder rock descending upon him from above.
This provides the complete (embodied) vision within the listener of the picture of that hero when he drives forward to the point where the listener fears the collision with that rock that has descended from the top of the mountain.
There is also in addition to that the use (in the language) of the Majaaziy (metaphorical) in order to envision and embody the meanings which astound the minds and enchant the breasts.
The poet said:
And pearls rained from the amaryllis (flower) and fed
a rose and clung cold upon the fruits.
This excellent artistic usage of the Majaaz provides the vision of the descent of the tear drop from the eye upon the face in the state of sadness necessitating that there would be upon the lips a trace of the sadness and its effect.
This eloquent usage of the word and the precision of how it provides an accurate picture has been provided with an expression which is close to its real reality when it was described as ‘Sihr ul-
Bayaan’ (Enchanting or magic speech). Utilising the appropriate word in respect to the meaning and its sound (tone) within a suitable sentence within a suitable (corresponding) paragraph or segment has an enchanting affect upon the hearts. It has been mentioned that one of the ‘Umaraa (leaders) commanded an enemy of his to be crucified. Then a poet who was a friend of the crucified person asked permission of the Ameer to eulogise him with some words and so the Ameer permitted him. He then read a poem after which the Ameer wished that it had been him who had been crucified:
.. ..
..
..
Elevated high in life and in death**
Truly you are one of the miracles
It is as if the people around you when they stood** (as) delegations to your generosity in the days of relations. As if you are standing amongst them as a Khateeb**
And all of them are standing for the Salaah
You extended your hands towards them in welcome** As if they were handing to them gifts
So how would it be when this great potency and power in expression is blended and mixed with the high and lofty meanings and elevated thoughts?! What kind of effect will it leave and which feelings will it move and stimulate.
Let us pay attention to some of these Aayaat:
O people, an example is presented, so listen to it. Indeed, those you invoke besides Allah will never create [as much as] a fly, even if they gathered together for that purpose. And if the fly should steal away from them a [tiny] thing, they could not recover it from him. Weak are the pursuer and pursued (Al-Hajj 73).
To Him [alone] is the supplication of truth. And those they call upon besides Him do not respond to them with a thing, except as one who stretches his hands toward water [from afar, calling it] to reach his mouth, but it will not reach it [thus]. And the supplication of the disbelievers is not but in clear error [i.e. futility]. (Ar-Ra’d 14).
The example of those who take allies other than Allah is like that of the spider who takes a home. And indeed, the weakest of homes is the home of the spider, if they only knew (Al-‘Ankaboot 41). And similar to this is found throughout the Qur’aan Al-Kareem in its Suwar and Aayaat. Let us take a short pause to take not of a Hukm Shar’iy (ruling) that intends to encapsulate its frightening vision within the person (listening). It is the Hukm regarding the forbiddance to follow up the Sadaqah with Al-Manni and Al-Adhaa (reminders and harm):
Would one of you like to have a garden of palm trees and grapevines underneath which rivers flow in which he has from every fruit? But he is afflicted with old age and has weak offspring, and it is hit by a whirlwind containing fire and is burned. Thus does Allah make clear to you [His] verses that you might give thought (Al-Baqarah 266).
This inflames the feelings and stirs the emotions by providing a live moving vision that then invites to thought and reflection. Or like the Qawl of Allah (swt):
The example of those who spend their wealth in the way of Allah is like a seed [of grain] which grows seven spikes; in each spike is a hundred grains. And Allah multiplies [His reward] for whom He wills. And Allah is all-Encompassing and Knowing (Al-Baqarah 261).
In this way the affecting an influencing occurs and generates the effect and reaction within the breast of the listener; elevated thoughts, sublime meanings, an amazing envisioning or picturing and a language that is rich in its words, easy in it expressions, powerful in its principles and pillars, and firms in its measures and scales. It is therefore obligatory to carry Islaam with the like of the this effect and influence so that the eruption can occur within the breasts and elevate with it as a whole to the most elevated levels of perfection and so that the glory of the Muslims returns to them, Islaam will have its ‘Izzah (might and honour) and will have its effect and influence upon the life.
This is in respect to the effect and influence. As for the Tawassu’ (expansion), then the capability and susceptibility of the Arabic language to be able to express any or everything that occurs or can possibly occur, in respect to sciences and areas of knowledge, has no limit. This experiment has been passed through when the Muslims went forth with it and brought a State that was the number one State in the known world at that time. They were able to generate enough words to absorb all of the areas of knowledge and sciences which arose in their time or those which were found in civilisations
that had been forgotten. And how beautiful are the words of Haafizh Ibraheem when he described the language speaking from its perspective:
I have provided width and expanse to the Book of Allah in worded expression and purpose. And I was not too narrow to express and Aayah or admonitions (guidance). So how can I be too narrow today to be able to describe an instrument. And to arrange the names of all newly invented (things and matters). I am the sea within which there is a stored abundance. So will they ask the diver about my pearls. /
There is a expansive subject area in the Arabic language which is the ‘Baab’ (subject) of ‘Al-Ishtiqaaq’ (derivation) through which it is possible to derive and extract wordings and expressions enabling us to express clearly and eloquently all that which we desire in a manner that allows us to realise its purpose. So the process of deriving an ‘Ism’ (noun) from a ‘F’il’ (verb) or deriving a ‘Fi’l’ from an ‘Ism’ is sufficient to enrich the language with new words and modern forms in which the meanings intended to reach the people are formed.
This is in addition to another area related to the Arabic language called ‘Ta’reeb’ (arabization). The process of ‘Ta’reeb’ is easy in the language and it occurs by doing no more than making the foreign wording conform and submit to the Arabic pattern (Wazn). In this way foreign words are taken in accordance to the Arabic pattern (Wazn) and these new words are then taken as they are i.e. as the people of the language have named them, and it does not require attempting to express its meanings from a vacuum left by what the Arab dictionaries have been silent upon. So the foreign word stays as it is if it is in conformity to the Arabic pattern like the word ‘Telephone’ for example. If however it is not in conformity with the Arabic scale (pattern) like the word ‘Television’ for example then either some of its letters are removed or more added so that it can submit and conform to the Arabic Wazn (measure). After that verbs can be derived from that word to produce for example from ‘telephone’ Talfana, Yatalfanu, Talfanah or for ‘television’ Talfaza, Yatalfazu and Talfazah. This therefore enables expansion (Tawassu’) and we mean by that the ability to extract new Ahkaam (rulings) for all new occurring problems.
This is because Islaam came to treat and solve problems of the human being in respect to him being human irrespective of his colour, Deen, affiliation or nation and regardless of the era and time that he exists in. It represents a comprehensive Rahmah (mercy) for this human from lasting the time
that Muhammad (saw) was sent with Islaam until the Day of Judgement. These solutions and treatments for the problems of humans have come within broad guidelines specified by the Kitaab and the Sunnah. They are comprehensive and complete in respect to all that has happened and will happen in the world until the Day of Judgement. This is because the human is and remains a human in respect to what he has of instinctual drives or organic needs and what he possesses in terms of impulses or relationships requiring satisfaction. And this great compliant language addresses the mind of the human and invites him to think until his thinking leads to his belief in these texts and their ability to solve and treat all of his problems. As such the ability and possibility to expand (AtTawassu’) in Islaam means the capability to solve all of the problems which the human being faces in the life of this world (Dunyaa). Indeed Islaam has described itself stating that it is a Tibyaan (explanation and clarifier) for every thing and matter and that it is the complete and perfect Deen and absolute blessing and favour for this human being (in this life).
Allah (swt) said:
This day I have perfected for you your Deen and completed my favour upon you and have chose for you Islaam as your Deen (Al-Maa’idah 3).
As for the Intishaar (spreading) then the Arabic language with its Alfaazh (worded expressions), its Taraakeeb (word constructions) and Qawaa’id (principles) is easy and uncomplicated. It is disciplined and kept in order by a Wazn (pattern), uncomplicated in its Q awaa’id (principles/rules) and light in expression. The language passed through examination and has been tried and tested achieving complete success. It was the language of most of the known world at that time and learning it was easy for all of the people which led to creativity and excellence in its usage from those who did not affiliate in srcin to the Arabs like Seebaweih (pioneer of formulating Arabic grammar) amongst many others for example and this was when there was no obstacle in the way of the spread of Islaam.
As Islaam addressed the minds of humans and has the ability to affect the people and their minds which led the people to enter into the Deen of Allah in crowds and due to the Arabic language being the language of the Qur’aan whilst not being viewed from the perspective of being the language of a specific nation (or people), due to this the people approached its study with the consideration that the language was their own because it is the language of their Kitaab (Al-Qur’aan) and the language of their Islaam. So they hastened to understand its manners and its meanings so that they could taste and perceive the manner of the Qur’aanic Aayaat and understand its meanings. This was so that would be able by means of that to embody those meanings and envisage those thoughts that it contained in addition to enabling them to have a sense and feeling for the miracle of their Kitaab and undertake the ‘Ibaadah of its recitation.
These are some observations related to the importance of the Arabic language and the blending its potency (Taaqah) to the potency of Islaam due to what both hold in respect to the power (and
capability) to influence (to affect), to expand and to spread. As long as the concern of the Muslims in relation to the Arabic Language does not return and their blending it with Islaam then there is no hope that can be hoped for. This is because it is the language of the Muslims and indeed the decline that is happening will not be halted without this and the consequences of this separation between the Arabic language and Islaam will represent a nightmare that dominates the Islamic world as a whole. This is due to as we have said that the Arabic language is an essential part of Islaam and its understanding does not occur except by it. / Indeed this is the state and condition that we have reached and this is the reality of the Islaamic world, a reality which is witnessed by the senses whilst its decline is not hidden from anybody. However this does not mean that the Muslims have not been paying attention to this decline or that they have given in and surrendered to it. This is absolutely not what is meant because there have been many movements and many indeed which have been established in serious efforts to revive the state of the Muslim world or to stop its decline. However all of these failed and the Islamic world continues in its decline with speed towards the abyss whilst dark clouds threaten its environments and threaten the Islamic Ummah with extinction.
We have said that when the person senses the corruption of the reality that he is living in and the feelings (Ahaasees) of getting rid of this reality are activated within him that he begins to think about the process of change. When thinking about the process of change he finds that it is necessary for him to study the reality in addition to the reasons or causes that brought this reality into existence. This study includes acquiring knowledge related to the movements that preceded him and knowledge of the reasons and causes for their failure and this is so that he does not fall into the same errors that they fell in and so that he can benefit from their experiences. From this study we find that that the main reasons that led to the failure of these movements are three:
Firstly: A lack of understanding in respect to the Islamic Fikrah (thought) amongst those who undertook the work for revival in a precise manner.
Secondly: Lack of clarity in the Tareeqah (method) of Islaam that they had in respect to implementing its thought with a complete understanding.
Thirdly: Their lack of connecting the Islamic thought with the Islamic Tareeqah in a precise manner in a way which does not leave it open to separation.
These are the most important reasons that led to the failure of those movements and these are in addition to fundamental errors associated to the area of structuring which we summarised and detailed in the book ‘At-Takattul Al-Hizbiy’.
These represent the four points that we will summarize here as:
1) Not understanding the Fikrah. 2) Lack of clarity in respect to the Tareeqah.
3) The lack of awareness of those undertaking the work of the Takattul in respect to the thought and the method. 4) And finally the manner of binding (between its members) that these movements or structures undertook when structuring themselves.
As for these reasons (however) that we wish to discuss here then they relate to the reasons or causes of the failure of these Harakaat (movements) from the intellectual of thought based (Fikriy) perspective:
The first reason from amongst them is the lack of understanding the Islamic thought by those personalities undertaking the work to bring revival in a precise manner. Based upon this, the importance of the Da’wah carriers’ awareness of their thought in a manner where it is embodied within them as an awareness and within their conduct, becomes apparent. This requires the exertion of effort to understand it and comprehend that which has attached to it in terms of defects and what has overtaken it in respect to obscurities. By examining precisely that which has overtaken and occurred to the Islamic thought in respect to obscuring factors we find the following:
The obscuring factors:
After the area of the Islamic lands expanded and Islaam spread to most of the known lands at that time, after the mixing of the Muslims with others of neighbouring peoples and cultures (Hadaaraat), after reading these cultures and philosophies and after the non-Muslims felt secured and reassured about their existence within the shade of the State, at that time the intellectual struggle began between the Muslims and others from amongst the Christians who were armed with Greek logic and their philosophies.
The Muslims then responded refuting them with the same style that they were being attacked with. This manner of response compelled them to study this philosophy and to learn its manner of argument. However they did not stop at that but rather they studied those philosophies and translated their books. The Muslims discovered areas of knowledge and ‘Ilm which was new to them and as such they engaged with them passionately. It did not take long after that until the society became fragmented into competing intellectual (or thought based) factions like the Mu’tazilah, the Jabriyyah and the Ahl-us-Sunnah and all that branched out from these divisions. This led the thought to be affected by some obscurities from those philosophies that they had been influenced by. These include the sanctification of the ‘Aql (mind) and making it the judge for every single matter. Indeed and even greater that that they made it the judge over the Qur’aan Al-Kareem and the judge over the Hukm Ash-Shar’iy whilst leaving the establishment of the Hasan and Qabeeh to it. The influence and effect of this still remains amongst the Muslims amongst some of its thinkers (intellectuals) and the vast majority of the masses so for instance when somebody hears a Hukm Shar’iy that appears strange to him he declares it ‘irrational’ as if the Hukm Ash-Shar’iy has to be in agreement to the minds of the people. Just as this had an effect on some and generated obscurities there was also an effect which happened with another group who were influenced by the same subject as the
Jabriyyah or let us say the subject of ‘unseen (or divine) fate’, the effects and influence of which still have an effect upon a large number of Muslims today.
These intellectual schools and what they engaged in and what they engaged the people in for a period that was not short divided the society into three groups or factions:
The Mu’tazilah were those who spoke about the greatness and highness (exaltedness) of the mind and made it the judge upon every matter. The Jabriyyah were those who had an influence over a large section of the people who surrendered to every calamity whilst considering it to be their fate and the Ahl-us-Sunnah were those who attempted to reconcile between the first two groups. The most prominent of issues in which they differed and disputed was the issue of Al-Qadaa Wal Qadr the effect of which is still present whilst the stumbling in regards to its understanding remains perpetual. The situation reached such a point amongst the Muslims that they made it a Rukn (pillar) from amongst the Arkaan of the Aqeedah.
This is what occurred as a result of the effect and influence of the Greek philosophy. As for the effect of the Indian (Hindu) philosophy then this took the Muslims in another direction and left other effects which were no less dangerous than the effects and obscurities that the Greek philosophy left. The Indian (Hindu) philosophy was established upon asceticism and punishing the body so that the Rooh can be elevated. So Muslims saw within this the Islamic thought of Zuhd (abstaining from worldly matters) and all Soofiy groupings were built upon this thought which came upon those remaining from amongst the people.
This obscurity and lack of clarity still remains present to this day even if some of its actual practise has lessened and its presence become rarer. However as a thought it still remains in existence and continues to circulate amongst the Muslims. So they say that the human is composed of (both) matter and spirit (Rooh) and for the Rooh to be elevated to its highest levels then it is necessary to weaken the body. This is whilst we were in no need for that which brought woes to the society in addition to laziness, apathy and suspension of productive material activity amongst the people.
There were also efforts undertaken by the intellectuals from amongst the sons of the Islamic Ummah to reconcile between these philosophies and Islaam despite the contradiction between them being completely and plainly clear. This is because Islaam is a Deen which Allah (swt) divinely revealed to His Messenger Muhammad (saw) whilst the philosophy is a product of the human mind and his effort. Said differently: Islaam’s source is the Wahi (divinely inspired revelation from Allah (swt)) whilst the source of this philosophy is the mind and this is exactly the same rebuttal and refutation that is provided to the one that attempts to reconcile between Democracy and Islaam or socialism and Islaam. This is because it is sufficient to say (and point out) that the source of democracy is the human mind and the source (Masdar) of socialism is the human mind. As for Islaam then its source is the Wahi from Allah (swt) and whether there is something that resembles Islaam or some of its thoughts and rulings or there is no resemblance it still remains contrary and contradictory to Islaam and it is not permitted to attempt to reconcile between them or bring them close together.
It is known that attempting to reconcile between two contradictory and opposing thoughts inevitably leads to giving one of them an interpretation and an attempt to explain it with a meaning that is contrary to its true srcinal reality. A result of these attempts was that they went about interpreting the Aayaat of the Qur’aan Al-Kareem and then explain them upon the angle that suited and was in line with those philosophies and fit with those thoughts. This is exactly like what happens today in respect to the attempt to explain democracy with the meaning of Shooraa as Shooraa is a Hukm from amongst the Ahkaam of Islaam. Or it is said that the ruling system in Islaam is Shooraa and that the ruling system in democracy is (also) Shooraa and as such democracy is actually a part of Islaam! This then represents the essence of the effort of those who undertook the attempt to reconcile between these philosophies and Islaam. I do not say that as an accusation or as slander as an observation of what the likes of Al-Faaraabiy, Al-Kindiy and Ibn Rush amongst others left and what the Mu’tazilah, Jabriyyah and Ahl-us-Sunnah. They were those whose main concern was to defend Islaam and refute its opponents. Out of their love for Islaam they attempted to show that Islaam says the same as what those thinkers from the Greek philosophers said. What they brought however ended up being no more than providing an Arabic explanation for the thoughts of Plato and Aristotle and if we were to scrutinize what the ‘Ulamaa of Kalaam left behind like the Jabriyyah and the Mu’tazilah then we will find that they did not depart from the opinion of the Stoics and Epicureans. It was then only natural (once upon this path) that each of these groups or sides would then resort to interpretation and explanations that would be in harmony with the opinion and view that they had arrived at. / I add to this all that happened in terms of attempts to scheme and plot against Islaam by the enemies of Islaam who embraced Islaam in hypocrisy which began in its early days. This began with Al-Hurmazaan, Ka’b Al-Ahbaar and Abdullah Ibn Saba’ passing to Abdullah Ibn Muqaffa’ and Abdul Kareem Ibn Abi Al-‘Iwajaa and their likes from amongst the Zanaadiqah who attempted to fabricate against the Messenger of Allah (saw) by fabricating Hadeeth that are contrary to Islaam and in opposition to its concepts and understandings. This was particular the case as the Ahaadeeth of the most Noble Messenger had yet to have been collected at that time. The Muslims however were alerted to this terrible danger and the state struck powerfully against those people. Additionally this is when the ‘Ulamaa from the Muslims who collected the Ahaadeeth and exerted the utmost efforts in respect to examining the correctness (validity) of these Hadeeth became prominent. These included the likes of Al-Bukhaari, Muslim and At-Tirmidhi amongst many other ‘Ulamaa who collected the Hadeeth just as they brought into being a specific science related to Hadeeth called: ‘Ilm ur-Rijaal’ which related to the conditions of the narrators; their characteristics and histories amongst other precise measures which they relied upon when verifying the Ahaadeeth that reached them and came across, and may Allah reward them with goodness for what they did.
I also add to this the neglect in respect to status of the Arabic language since the time that the Khulafaa’ began to approach the Persian elements and then later the Turkish and when the people began to proceed to translate and learn foreign languages like Syriac and Greek followed by Greek and Turkish. As for Syriac and Greek then they did not bring about a significant impact as they were
restricted to the work of translating the Greek philosophical books. As for Persian language impact then this was accompanied by many of its people ascending to high positions within the State and the Khulafaa’ becoming dependent upon them in relation to the undertaking of many matters and particularly those related to the army and the protection of the authority. This was like Banu Buwaih and others who not only remained upon their Persian language but rather attempted to restore it after it had died or nearly met its death.
Generally the policy of the ‘Abbaasiyyeen (Abbasids) in regards to conquest differed completely from the policy of the Umawwiyyeen (Omayyids). The Umawwiyyoon carried Islaam to the conquered lands and carried alongside it the Arabic language whilst the ‘Abaasiyyoon did not carry the language alongside it and as such this represented an advanced notice in respect to neglecting the status and affair of the Arabic language. And then came the seventh century when the Taaqah (potency and power) of Arabic became separated from the Islamic Taaqah and the Arabic language was distanced from being solely dominant in respect to the undertaking of the affairs of ruling and the State. This then declared the decline of the Muslims accompanied by weakness in their understanding of Islaam, the frozen state that was brought to Islaam and the inability that this brought in respect to Islaam being able to keep up with the affairs of the time. This is because this separation led to the closing of the door of Ijtihaad whilst the Fuqahaa’ of that time state that those who came before them did not leave any matter or issue except that they had remarked upon it (or dealt with it).
This was followed in the eleventh century by the missionary onslaught. The west expended its utmost effort in the cultural invasion under the cover and pretext of transferring knowledge and science. So they went about establishing missionary schools and universities and issuing papers and magazines using them to circulate their thoughts and beliefs into the minds of the Muslims. In spite of the Muslims passive resistance to this attack in the beginning the west were nevertheless not prevented or barred from utilising the means and styles that enabled them to accomplish an overwhelming triumph.
They were able to poison the thoughts of the Muslims, plant the thoughts of Qawmiyah and Wataniyah (Nationalism and patriotism) and implant the call for independence and the demand for freedom, justice and equality. These were campaign slogans that aimed to tear apart the Islamic society from the inside as has been detailed and mentioned in the book: ‘The intellectual and information (media) polluting of the Islamic World’ by Dr ‘Aayid Ash-Sha’raawiy. This book contains a chart explaining what the English, French and Americans exerted in terms of their efforts and what they managed to establish in the press and the people they were able to utilise in this area like the Christians for example. So through this they prepared the environments for the political onslaught or invasion and managed to get the Muslims to take up arms alongside them and against their own state. Then the destruction of the Khilafah was completed during the First World War and the Muslim lands were torn apart thus compounding the misfortunes and adding a further problem on top of all the other already existing problems. So after the issue had been related to reforming and rectifying the affair of the Muslims and directing the State in the correct direction and to treat and address the previously
mentioned causes (for her decline), the issue now became one of restoring the State and building the Ummah.
From what has been presented we can see the real effective effect in regards to the error of the Muslims in relation to the Islamic thought which reached the point where its true crystallisation was lost within the minds whilst the enemies of Islaam from the malicious West or aspiring East in addition to some of the sons of the Muslims did not hesitate and showed no restraint in relation to attacking Islaam, writing topics and authoring books which attacked Islaam and its thought. Indeed writing these topics became the main preoccupation of the disbelievers and those who had been impressed (by them) from amongst the Muslim ranks.
(Note: This following paragraph appears to be out of place in the Arabic version that I have and this has happened earlier in the book as well where a paragraph was completely away from the subject area being discussed. So please bear in mind that there may be some editing issues with this book and some parts may have become jumbled).
The Tareeqah (method): ( In regards to this it was said) that Islaam does not have a ruling system, the thought relating to separating the Deen from the State was propagated in addition to the thought that Islaam is not viable and suitable for application, that the Khilafah is a historical form of application and that it is not a requirement that the legislator has commanded. They propagated the thoughts of democracy and freedom, that the sovereignty belongs to the Sha’b (people) and other thoughts until the people imagined or indeed it became set in their minds that the return of the Islamic ruling system and the restoration of the Khilafah was a matter that was impossible to be accomplished.
The Tareeqah (the method):
The above relates to the Fikrah (the thought) in regards to the absence of clarity and crystallisation within the minds of the Muslims. As for the Tareeqah then its case and situation is no better than that of the thought. This is due to the obscurities that fell upon it to the point causing its distinguishing features to be virtually removed and the Muslims to lose its conception. The Ahkaam of the Tareeqah and working for them is established upon a fundamental basic thought and that is that the Muslim only lives for the sake of Islaam:
Verily my Salaah, my sacrifice, my life and my death are for Allah the Lord of the worlds (Al- An’aam 162).
This is in addition to the fact that the basic and srcinal work of the Islamic Ummah must be to carry Islaam to the world and that this represents a vital issue for her that she regards as a matter of life and death in accordance to the speech of Allah (swt):
And as such We have made you an Ummah Wasatan (best) so that you be witnesses over mankind whilst the Messenger is a witness over you (Al-Baqarah 143).
How then is it possible for the Ummah to bear witness over mankind if it is not in a leading position amongst the nations enabling it to convey to the world in an effective manner that draws their attention or so that she can apply Islaam upon them so that it reaches them in a pure, clear and manner in the absence of false propaganda and distortion or barriers preventing it? In this way the Ummah would have fulfilled its main and srcinal work which is the carrying of the Islamic Da’wah and by doing so it would have met the quality of witnessing over mankind and establishing the proof and argument over them.
Therefore the basic and fundamental thought from amongst the thoughts of the Tareeqah is for the human to examine himself and then comprehend that the meaning of his existence in this life is only for the sake and purpose of carrying the Da’wah, and to understand that all of the other life’s actions that he undertakes are only to assist him to discharge this Risaalah (message) and to carry this burden. This is exactly like the university student because he exerts his utmost efforts to obtain the final result which is his certification. So he listens to the lecturer during the day and then returns to his place of residence to revise and study during the night, eluding sleep and rest and when he eats he only does so in order to provide himself with enough strength and energy to continue his studies. Indeed many take vitamin supplements or pills to assist them to stay awake at night and this is all so that he can be from amongst the successful at the hour where no wealth or number of children can benefit anyone apart from the one who presents in his examination that which pleases the examination marker, so whosever saves himself from average has succeeded.
The existence of Insaan (the human) in this life of the Dunyaa has a lot of similarities with the life of the university student and this is in respect to the individual. As for the Ummah then we have stated that she exists for the sake of carrying this Da’wah so that she can be in compliance with what Allah (swt) has wanted her to be:
And as such We have made you an Ummah Wasatan (best) so that you be witnesses over mankind whilst the Messenger is a witness over you (Al-Baqarah 143).
The use of the ‘Laam At-Ta’leel’ (LiTakoonoo) establishes reasoning where the ‘Illah (reason) for you to be present in the leading position is only for the sake of you witnessing over mankind and to establish the Hujjah (proof, argument) over them. This is not a strange matter for the Ummah as they realised and fully comprehended this matter from the dawn of its history and then took the
leading position in the world for fourteen centuries and did not budge from this position until after she had lost this realisation and comprehension. She then gave up her position of leadership and began to run after the other nations and so lost her honour and dignity and began to live upon the crumbs of the other nations and their leftovers.
Indeed the Muslim individual had been clearly aware of the meaning and purpose of his existence within life and he acted in accordance to this realisation, just as the Ummah had understood the meaning of her existence and similarly built her conduct upon that realisation. /
This vision was then lost and the Muslim who abides by the Ahkaam Ash-Shar’iyah began to view that Islaam only came for his happiness and to realise his interests. He would then satisfy his instinct of sanctification through ‘Ibaadah and acts that draw him close to Allah Ta’Aalaa whilst conducting (the rest of) his actions in accordance to what he views to be in his interest due to his view that Islaam only came to secure the interest or benefit (Maslahah) and to repel the Mafsadah (harm). So the acquisition of the Dunyaa then became the number one priority whilst Al-Wa’zh (preaching) and Irshaad (guidance) became a matter left to whenever the situation or circumstances permitted (i.e. it became a matter of convenience). As for when Islaam was found to be contrary and in opposition to a certain Maslahah then he would follow the Maslahah due to his consideration that Islaam revolves around the benefit or interest in absence and presence! (i.e. wherever the Maslahah lies so does Islaam). This was built upon the Qaa’idah (principle) that Islaam only came as a Rahmah (mercy) for mankind i.e. to secure the interests of the people. As for the Ummah and within her the Dawlah (state) then she departed from her obligation and moved away from the true reality of her existence leaving behind her initial realisation and comprehension. So she abandoned her main and fundamental work, the carrying of the Da’wah by way of Al-Jihaad thus affirming and showing the truth of the statement: ‘Whosoever abandons Al-Jihaad out of his own desire then Allah will dress him in the cloak of lowness covered in disgrace and shame’. It then did not take long after this for the State to collapse and the Ummah was then left without a shepherd or caretaker and became threatened with extinction. Despite sensing this imminent danger she began to envision the return of Islaam through the building of Masaajid, founding of hospitals and schools, the educating of Akhlaaq and through the economic flourishing of the land amongst other directions. This is whilst they remained silent over the sovereignty and dominance of Kufr and the application of its systems and laws over them in addition to their colonization.
This then is what changed within the Muslims which took them away from the basis upon which the method to bring Islaam into the reality of life is established upon. As for the obscurities that occurred in respect to the method and led to the absence of its clarity then these are represented in the following:
a) The idea of taking up arms in the face of the Khalifah and in accounting the rulers. b) The idea of taking up arms to reach the position of ruling. c) The idea of Wilaayat ul ‘Ahd or that which resembles the Wilaayat ul ‘Ahd. d) The Muslims neglect in respect to being concerned with the Ahkaam of the Tareeqah.
1) Indeed Allah (swt) has made accounting the ruler Fard and has made it obligatory upon the Ummah to restrain the ruler upon the Haqq (truth) whilst there are an abundant number of texts relating to the obligation of ordering the Ma’roof and forbidding the Munkar. However despite this Allah (swt) did not permit the Muslims to take up arms in opposition to the Khalifah and the Sahaabah (ra) asked the Messenger of Allah (saw) about what position should be taken with the leaders of oppression and would ask: ‘Should we not oppose them by the sword?’ And he (saw) responded to one such questioning by stating: ‘No, not unless you see Kufran Bawaahan (clear/blatant Kufr)’.
Despite this some of the groups which arose to account some of the Khulafaa’ were unmindful or ignorant of this ruling and as such this led to the occurrence of massacres and the abundant spilling of blood. This type of action led to the formation of a negative concept in relation to accounting the rulers represented in the statement: ‘Sultaan Ghashoom Khairun Min Fitnah Tadoom’ (The unjust ruler is better than the Fitnah that never ends’.
Examples of this type of occurrence include that of the ‘Battle of the Camel’ and all of the tragedies or calamities that accompanied it in addition to the Fitnah of Ad-Daar that preceded it and the many that occurred after it.
2) As for the thought or idea related to taking up arms in order to arrive at and reach the position of ruling, then with great regret some of the groups and parties looking towards the rule have adopted this approach. There affect still remains today and indeed many of the groups and parties aiming towards the rule proceed according to this path. This is despite the arrival at the position of the rule and reaching is a Hukm from amongst the Ahkaam (rulings) of the Tareeqah and as such it should be as clear to the people in exactly the same way as the Ahkaam of the Fikrah need to be clear and that the One who legislated the Fikrah (thought) Allah is also the One who legislated the Tareeqah.
3) It appears that the idea of the Wilaayat ul ‘Ahd (hereditary rule) and what Mu’aawiyah Bin Sufyaan did in terms of taking the Bai’ah (pledge of allegiance) for his son was the reason for many afflictions that came after because whoever aspires to attain the rule, whether a party or individual would find that the path towards that is closed before him. For that reason he would then resort to force in order to achieve his goal and reach what he wants and as such this means that this is the cause that led him to resort to taking up arms. Those who were successful in relation to reaching the position of ruling or those who opposed them did not return to the ruling of Islaam in this matter and bind themselves to that which the Ahkaam have adopted in this Mas’alah manifested in the Hukm of the Bai’ah being undertaken and given by consent and choice. So the people were all hostile towards the Umawiyyeen (Omayyads) due to the Wilaayat ul ‘Ahd and those who were most hostile were from the sons of ‘Ali Ibn Abi Taalib (ra) however it was unfortunate that they went on to implement the very same idea and gave approval to the same Hukm. So there was Al-Hasan Bin ‘Ali (ra) who gave the Bai’ah to Mu’aawiyah on the condition that it would belong to him after Mu’aawiyah’s death and then this idea was followed up by the sons of ‘Ali (ra) until the idea of the twelve Imaams resulted from it. The ‘Abbaasiyyoon then came to power in a bloody war and then followed the same way and carried the same idea in respect to the Wilaayat ul ‘Ahd and the same
applied in respect to the ‘Uthmaaniyyoon and lasted until the very last Khalifah from amongst them before the Khilafah’s destruction.
4) As for the Muslims neglecting their concern for the Ahkaam of the Tareeqah: Then by the Tareeqah we can mean the manner by which the thought arriving to the rule is accomplished i.e. that which is concerned with the Stage of Da’wah in Makkah or the stages that the Messenger of Allah (saw) proceeded along until he made Hijrah to Al-Madinah and established the State within it. The Makkiy stage and what it included of Ahkaam (legal rulings) is a matter that the Muslims (of the past) were not concerned with and they did not pay attention to it in respect to it representing a stage from the stages of establishing the State which has specific rulings attached to it. Rather they only viewed it as being the Seerah of the Messenger (saw) in the Makkan stage i.e. they viewed it from a historical perspective and not a legislative one. This is because the legislative or Fiqhiy studies are those which relate to occurring practical realities and not to history and as such why be concerned about a period of time that existed, ended and will never come back? Exerting a Fiqhiy study in regards to it holds no value because it (Fiqh) does not aim to anticipate realities that might happen. The Islamic State extended from North Africa to the borders of China and so how could it have occurred in the mind of any of them that this State would vanish and that the Muslims would then be in need of Ahkaam Shar’iyah that would assist them to restore it. This thought would not occur to anyone and as such the study of the issue was completely neglected in this stage that represents the first part of the Tareeqah.
As for the second part (of the Tareeqah) then this relates to the manner of implementing the thought which refers to applying Islaam internally and carrying it to the world. This includes for example establishing the Hudood internally and preparing the armies and making preparations for Al-Jihaad and fighting the disbelievers in relation to carrying the Da’wah to the world. The Muslims undertook this practically and the Khulafaa’ proceeded in this course and so the Dunyaa (world) submitted to them and Islaam spread to most of the known world at that time. The world lived in ease in happiness from, those who entered the enclosure and domain of Islaam and those who did not enter. However the ‘Ulamaa of this age and period did not over concern themselves with the Ahkaam As-Sultaaniyah (related to governance) and the Ahkaam of Al-Jihaad, the Ahkaam related to preparation and the Ahkaam related to foreign relations like the Ahkaam of the Mu’aahadaat (treaties), the treaties of good neighbourliness for example or the treaties of necessity (or emergency). It is eye-catching in respect to this area and what still remains today in respect to the lack of creative ability in respect to them. So take for example the ‘Umari Treaty’ which was the agreement that ‘Umar (ra) convened with the people of Al-Quds. The treaty of ‘Umar with the people of Al-Quds does not differ in respect to its Shar’iy reality from any treaty that the Khulafaa’ of the Muslims convened however that does not mean that they implemented Islaam with other than the Ahkaam that it came with or brought. Indeed this is not the case as Islaam remained implemented and continued to be carried in accordance to the Ahkaam of the Tareeqah that it came with and this continued to be the case until the end of the 19 th century. This is when systems and laws which did not come from Islaam began to enter into the body or entity of the State even if these were brought in by way of a Shar’iy Fatwaa issued by the Sheikh ul-Islaam under the argument and pretext that these systems and laws did not contradict or oppose Islaam. /
5) The aforementioned relates to the Tareeqah and the neglect of the Muslims in regards to it. As for the absence of the connection between the thought and the method then it is known that the thought comprises the Aqeedah and the Mu’aalajaat (treatments/solutions) and carrying the Da’wah. As for the Tareeqah it comprises the manner of preserving the Aqeedah, the manner of implementing the treatments and the manner of carrying the Da’wah. It is possible to view this issue in a comprehensive manner so that we can easily say that it is the Dawlah (the state) which represents the Tareeqah to implement the Shar’iyah. So this represents the manner by which the implementation of the Ahkaam is accomplished whether these Ahkaam are related to the Aqeedah like the killing of the Murtadd (apostate), or related to the ‘Ibaadaat like the punishment for the one who abandons the prayer, or related to the protection and safeguarding of property like cutting the hand of the thief, or to safeguard the dignity, mind, lineage, Deen an State amongst other matters. Therefore the Tareeqah (method) to implement the Ahkaam is the State whilst the rulings (Ahkaam) related to these issues (Masaa’il) are from the Ahkaam of the Tareeqah. However when examining these issues precisely it is necessary to first distinguish between the Ahkaam of the Fikrah (thought) and the Ahkaam of the Tareeqah (method) which are the rulings which have come explaining the manner of implementing the Ahkaam of the Fikrah.
So in respect to the preservation of the person’s property Allah (swt) said:
And do not consume one another’s wealth unjustly or send it (in bribery) to the rulers in order that
(they may aid) you (to) consume a portion of the wealth of the people in sin while you know (it is unlawful) (Al-Baqarah 188).
And the Messenger of Allah (saw) said:
‘The property (wealth) of a Muslim individual is not Halaal except by Tayyib An -Nafs (i.e. in a Halaal way)’.
The Tareeqah for implementing this Hukm (ruling) is to cut the hand of the thief. The imposition of this punishment and not permitting overstepping it makes it a deterrent and preventative measure that would prevent the undertaking of this action. The same applies to all of the Hudood (prescribed set punishments) like the Hadd of Zinaa or the Hadd of Al-Qadhf (false slander against the woman’s honour) amongst others as these are Ahkaam that make clear and explain the manner of protecting and safeguarding human dignity, the human’s lineage or kinship, his honour and all that is built upon that. In respect to protecting and preserving human life Islaam has provided specific Ahkaam for that and these relate to the killing of the killer whilst it made the punishment of Al-Qisaas (equal retribution) for what is less than killing:
And there is for you in Al-Qisaas (the saving of) life O people of understanding so that you may attain Taqwaa (Al-Baqarah 179).
Just as it also explained the manner of safeguarding and protecting the State and the society and so it made death the punishment of those who rebel against the State and separate from the Jamaa’ah (Muslim collective). It explained that obedience to the Ameer is Fard and even if he devoured your wealth and whipped your back whilst it made it obligatory upon the Muslims to account him. However it prohibited them from rebelling against him by raising arms as the Messenger of Allah (saw) was asked: ‘Should we not dispute with them by the sword?’ and he responded (in the like of this questioning) by saying: ‘No, unless you see Kufr Bawaah (clear disbelief) about which you have a Burhaan (clear proof/evidence) from Allah’. In this way every treatment (or solution) was connected to a Tareeqah (method) to implement it and it is not permitted to separate between them. Therefore it is not permitted to exchange the punishment of cutting for that of imprisonment or the punishment for the one who drinks alcohol for imprisonment or a Ta’zeer or any other punishment. At the same time in which the Ameer is obligated to take care of the affairs or the people and develop their natural treasures, so as to return the profits to them, it has made it Haraam upon him to give these resources to a specific group, company or give discretionary preference to anyone in regards to them. This applies equally in all of the affairs of life because it is necessary for the Fikrah (thought) to be connected to its Tareeqah (method) i.e. the manner of implementation that has been specified by the Shar’a. The main reason for not connecting between the thought and the method is the direction that was taken in respect to the Muslims’ study of the Fikrah which they studied in abundance. However whilst they did this they did not pay attention to and concern themselves with the study of the Tareeqah and for that reason we still find the least amount of concern and attention amongst the students of knowledge and the centres which teach Sharee’ah and Fiqh being given to the manner of implementing the solutions (i.e. the Ahkaam of the Tareeqah). For instance we would only find amongst tens of thousands of books which deal with the Mu’aalajaat (solutions) one single book dealing with the Ahkaam of the Tareeqah and if we did find one then we would find it separating the Tareeqah from the Fikrah. For instance it is very rare to find a book that deals with the Ahkaam of Sultaaniyah (governance) or books that study the subject of the Khilafah, the Khalifah and the manner of appointing him. The same can be found in respect to economics or economic policy or areas related to public life like the discussion related to public property and the responsibility of the State in regards to that. This also applies to the caretaking of the external affairs of the Muslims and what stems from that in terms of treaties, a State of war in ruling (Hukmiyah), a State of war in actuality (Fi’liyah), or the Ahkaam related to the Ahlu-dh-Dhimmah regarding the rights and responsibilities. This is in addition to the Ahkaam of Al-Jihaad and the Ahkaam which relate o it like the Ahkaam of ‘Al-Jawaariy’ and ‘Al-Imaa’u’ and the Ahkaam of Ghanaa’im and Fai’ (booty), of the Khumus and the Ahkaam related to Al-Kharaaj.
It reached the point where these names were almost completely wiped from the minds of the Muslims and it became impossible to envision the return of Islaam to life and the resumption of the Islamic way of life without exhausting efforts. Even in respect to the callers to Islaam today after having realised the obligation of bringing Islaam back to the reality of life still have not provided within their Da’wah methodologies any vision for the Tareeqah according to which they want to implement Islaam. As long as the image is not clarified and indeed embodied within their minds and the rulings of the Tareeqah become clear like they are in respect to the rulings of the Fikrah, then this separation and dislocation between the thought and the method makes the return of Islaam to the reality of life a matter that is near impossible if not impossible in itself. In needs to be known that one of the main reasons for the destruction of the Khilafah was due to the Muslim’s separating the Mu’aalajaat (solutions) from the manner of their implementation. This was through the insertion of western laws and the attempt to implement Islaam through them. This did not only occur in respect to the Islamic State in the last fifty years of its existence but this was also present within the political parties and structures that existed in that time and which continue to exist until this time. The process of mixing between that which is from the mandatory powers of the Khalifah and that which is from the mandatory powers of the individual still exists within the Islamic organisations whilst they see no fault in that and some of the parties and associations still grant themselves mandatory powers or some powers that belong to the Khalifah. The process of separating the Islamic thought from its Tareeqah (i.e. between that which Islaam brought in terms of solutions for human problems and the manner by which these solutions are implemented) and the separation between undertaking the obligation of the Islamic Da’wah and the manner by which the Messenger of Allah (saw) carried it with the argument that the times have changed, was enough to guarantee the failure of any movement that was established to revive the Islamic Ummah or prevent its further decline and deterioration. /
The error in relation to understanding the Islamic Sharee’ah: We have pointed out that the error in understanding the Islamic Sharee’ah is from the most important main reasons or causes for the weakness that has overtaken the minds of the Muslims in respect to understanding Islaam and we have witnessed the extent of decline that the society has reached. If we also take into account what happened in the thirteenth century Hijri (19 th century) in regards to the attempts that were made to reconcile Islaam with western thoughts and attempts to interpret the Shar’iyah texts with meanings that they cannot possibly hold which pushed them to state that Islaam is suitable for every time and place, that it is represents the eternal message and is a mercy to mankind, and as such it is necessary to be in agreement with the time and in compliance to the reality. Based upon that it is then became necessary to re-examine the understanding of these texts and then acquire knowledge of the meanings that are particularly in agreement with the European renaissance or revival, the lights of which had dazzled them, its inventions had enchanted them and all of it had shaken the foundations of their own confidence. If we further take into account all what infiltrated them in terms of thoughts and systems as the result of the intellectual onslaught that pierced their minds and also the closing of the door to Al-Jihaad which gave a negative image of Islaam and its ability to keep up with the times. Then all of this in addition to their ignorance in respect to the foundations of revival and what is obligatory for them to do, made them
head towards the shortest of paths which meant interpreting the texts to fit with the bad reality that they were suffering from.
So they interpreted the texts with that which cannot possibly be understood from them whilst they inserted into Islaam that which isn’t from it. Had they been aware of the foundations of revival (i.e. what revival is based upon) and the manner of how to build nations then they would have made the ideology the only intellectual basis and principle in order to launch the process and operation of reform. They would have targeted the change of the society as a whole in a comprehensive and radical manner, to remove the causes of decline and backwardness and then apply the Ahkaam of Islaam as they had come from Allah (swt). This is particularly because the Aqeedah of the ideology is the same Aqeedah of the Ummah and the people’s Imaan in the ideology in a general way is a firm Imaan that is unshakeable. The enemies of Islaam were not bold enough to attack the Muslim’s Aqeedah and as such this makes the process of changing the society and building the Ummah upon the basis of the ideology easier. This is in addition to the fact that the strength of the Ummah and the standing of her entity rests upon the strength of her trust in her ideology and the emanation of her system from it. The more the system continued to be distanced from the Aqeedah of the Ummah the more it represented the impending announcement of the disappearance of its entity and of how easy it would be to finish her off. As a result of this and the arising of their new perspective and understanding they embarked upon interpreting the Ahkaam of Islaam and its Nusoos (texts) in a manner that is not possible and they became intensely preoccupied in that. The matter was not restricted to some Ahkaam or an attempt to reconcile Islaam with other than it but rather went as far as placing down general principles and Ahkaam that even reached the Juz’iyaat (detailed rules) which were in opposition and contrary to the Qat’iy (definite) text of the Qur’aan. As a result they permitted a small amount of Ribaa with the argument that it was not Mudaa’af (compound interest) as Allah (swt) stated:
O you who believe do not consume usury, doubled and multiplied, but fear Allah so that you may succeed (Aali ‘Imraan 130).
They also placed it (Ribaa) under the area of the Daroorah (necessity) using the principle: ‘AdDarooraat Tubeehu ul-Mahzhooraat’ (The necessities make permissible the prohibited matters). And in respect to the wealth of the minor, instead of depositing it and freezing it, and for the sake of preserving it and not allowing it to be hoarded and out of fear for any loss that could occur to it, they permitted the orphan fund (Sundooq Al-Aytaam) and then the Shar’iy Qaadiy (judge) began to judge with Ribaa just as the one who was called the Haakim An-Nizhaamiy (i.e. non-Shar’iy judge) would judge with Ribaa. The likes of this occurred a lot in respect to the Juz’iyaat (detailed rules) whilst the Qawaa’id (principles) that they provided to deduce the rulings included: ‘The custom dictates’, ‘The changing of the Ahkaam with the changing of times is not rejected’, ‘Wherever the Maslahah (benefit/interest) lies then that represents the direction of Allah’, ‘The srcin in respect to the ‘Uqood’ (contracts) is the Maqaasid (aims/intentions) and meanings, not the worded expressions and contents’ and ‘The Shar’a Min Qablinaa (Sharee’ah of previous nations) is a Shar’a for us as long
as it has not been abrogated’. These are amongst other principles that they made to be the basis and source of legislation in order to facilitate for then what they claimed to be keeping up with the age and conforming to the (needs of the) society.
They also due to their ignorance and bad understanding halted the Hudood because it did not fit with the modern age and in its place they instituted a new penal code thus laying down laws which were not from Islaam. This was particularly the case when the Sheikh Al-Islaam passed the Fatwaa that: ‘Whatever is not contrary to Islaam is permitted to take (adopt)’ and as such these Ta’zeeriy (discretionary) punishments are permitted to take. This then opened the door to the enemies of Islaam to insert their systems, rulings and principles without the Muslims being aware of the danger of that as long as those responsible were providing Fatwaas (verdicts) for that. The Muslims did not see the least of problems in this and they did not show any discontent towards that due to what had become concentrated in their minds in respect to the erroneous understanding based upon the statement that Islaam agrees with every time and place. The process of interpretation (Ta’weel) became a matter that was upon every tongue and in agreement to the desires of every alert person (i.e. whoever wanted to take advantage and exploit the principle). As a result systems in their entirety were brought into the State’s entity like the ‘Ottoman Jazaa’iy Law’ which was introduced in 1275 (1857), the law of ‘Rights and trade’ in the year 1278 (1858), the division of the courts into two ‘Shar’iyah’ and ‘Nizhaamiyah’ in 1288 (1870) and the law of the ‘Fundamentals of judicial and penal proceedings’ in the year 1296 Hijri. All of these systems and laws were instituted as Ahkaam (rulings) which Islaam permits whilst Fatawaa were issued by the ‘Ulamaa and the Sheikh of Islaam making it permissible to adopt them.
So all of this assisted in distancing Islaam from the reality of life and then to finish off the symbol that represents Islaam’s existence and presence in life, the Khalifah. The enemies of Islaam achieved what they had desired after having brought decay into the body of the State from its inside so that the existence of the Islamic System in life had become even flimsier than the spiders thread.
For this reason the failure of the movements that proceeded along this sick and erroneous understanding was an inevitable matter.
We will present a rebuttal of this sick and erroneous understanding later in its place and designate a specific chapter to it Inshaa Allah. /
The obstacles standing in the way of Islaam and its return to the reality of life: Similarly as a result of this poor understanding of Islaam matters arose and came to the fore in the beginning of the fourteenth century Hijri which reinforced the barrier between Islaam and life and increased the difficulties facing the Islamic movements. These represented difficulties which were no less dangerous and serious than those which preceded them and that is because the Muslims and particularly the ‘Ulamaa and the students from amongst them became overtaken by three matters:
1) The study of Islaam in a manner that is contrary to the Islamic method of study. 2) The acceptance of the ‘Ulamaa and students of knowledge for Islaam to stand accused and so they focused on attempting to defend it. 3) The diminishing shade (control) of the State over most of the Islamic regions which was then followed by the collapse of the Khilafah.
These are the most prominent matters which reinforced the barriers and obstacles between Islaam and life. These therefore represented an anguishing obstacle in the face of the Islamic movements which were working to return Islam back to the reality of life.
The Method of Islaam for study: Receiving in an intellectual manner:
The Messenger of Allah (saw) said: ‘Seeking knowledge is an obligation upon every male and female Muslim’ and he (saw) said: ‘Seek knowledge and even if it lies in China’ (Note: This Hadeeth
is Da’eef in its Sanad although it became widespread). Indeed Allah (swt) has made it obligatory upon the Muslims for their actions to be undertaken in accordance to the Hukm Ash-Shar’iy i.e. in accordance to what Allah (swt) has commanded. This is from His Qawl (swt):
To Allah belongs all that which is in the heavens and all that is in the earth. And if you manifest that which is in yourselves or conceal it, Allah will account you for it and then He will forgive whom He wills and punish Whom He wishes and Allah is over all matters Qadeer (Al-Baqarah 284).
And He (swt) said:
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So whoever does an atoms weight of good will see it. And whoever does an atoms weight of bad will see it (Az-Zalzalah). In order to know the Khair (good) and the Sharr (bad) and in order to arrive at that which Allah (swt) has commanded us with seeking knowledge has become an obligation upon every Muslim so that he can know what Allah has wanted from him. All of these matters are found within that which Allah (swt) revealed to His Messenger (saw), within the Kitaab and the Sunnah and so they are all divinely revealed inspiration (Wahi) from Allah Ta’Aalaa. This is from one angle and from a second angle; then when Allah (swt) sent His Messenger with the guidance and the Deen of truth in order for it to
prevail over all other Deens and even if the disbelievers hated that, He (swt) commanded for the minds of the people to be addressed. He (swt) demanded from them to reflect upon and think about the creation of the heavens and the earth, to examine everything that their sensation falls upon with thought and to work the mind until they arrive through examination and thought to Imaan in this upright Deen. He (swt) made the fundamental pillars of this rest upon the ‘Aql (mind) as the Imaan in Allah and all that this dictates in respect to His divine attributes are ‘Aqliy (intellectual and rational) and built upon the ‘Aql. So the Imaan in the Qur’aan Al-Kareem as the Kalaam of Allah is ‘Aqliy and built upon the ‘Aql and the Imaan in the Prophethood of Muhammad (saw) and what this message dictates is ‘Aqliy and built upon the ‘Aql. Therefore based upon this the study of this Deen to arrive to Imaan in it and to arrive at the knowledge of what Allah (swt) has demanded from the people, whether the study relates to the Aqeedah or the thoughts related to the Aqeedah or the Ahkaam Ash-Shar’iyah, that this study must be an intellectual (thought-based) study and that it must be received or provided in an intellectual manner. By receiving it intellectually I mean that the reality is studied precisely where its true reality is disclosed and uncovered whilst all obscurities are removed from it, which is then followed by studying the texts which relate to this reality where the meanings of it words and sentences are understood in respect to their Mantooq (explicitly expressed) and Mafhoom (implicit) meanings and then they are applied upon the reality. Therefore it is necessary first for the reality to be fully taken in, in a manner that agitates the sentiments (emotions) and activates the centres of alertness which is then followed by issuing the Hukm (judgement) upon the reality and providing the correct thought in respect to it. We notice this clearly in the style of the Qur’aan Al-Kareem of addressing the minds of the people whether this address related to the Aqeedah or the Ahkaam (rulings). For example the Qur’aan has utilised examples and parables so that the reality can be fully taken in and embodied and the centres of alertness and attention can be agitated. Allah (swt) says:
O mankind! An example is presented so listen to it. Indeed those you invoke besides Allah will never create (as much as) a fly even if they gathered together (solely) for that purpose. And if the fly would snatch away from them a (tiny) thing they would not recover it from it. So weak are the pursuer and the pursued (Al-Hajj 73).
So does there exist something that stirs the feelings and activates the centres of alertness and attention greater than the example that is presented here in this parable. The impossible agitating challenge here is presented in the creation of a fly and this impossible challenge striking at the inability and weakness is extended further in the words that challenge the ability to take back something that the fly has taken against your will. It then strikes and confounds the mind with a further and final strike when it ends by declaring the weakness of both the pursuer and the pursued.
And Allah (swt) states:
To Him (alone) is the supplication of truth. And those they call upon besides Him do not respond to them with a thing except as one who stretches his hands towards water (from afar calling to it) for it to reach his mouth but it will not reach it. And the supplication of the disbelievers is nothing but error (and to no avail) (Ar-Ra’d 14).
This agitation or provocation that addresses the mind and agitates around it the emotions and activates the centres of attention and alertness represented in the form of a parable or example that falls under their hearing and sight, brings out that the one who asks or make supplication to anyone other than Allah is like the one who stands stretching out his hands towards the river with the hope that the water will leap out into his hands and find its way up his arms until it reaches his mouth. This is an example that shakes at the feelings and emotions of anyone who hears it and the same applies in respect to the building of the Ahkaam Ash-Shar’iyah whilst what is demanded in respect to them is complete submission. In light of this we find that He (swt) says:
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O you who have believed, fear Allah and give up what remains [due to you] of interest, if you should be believers. And if you do not, then be informed of a war [against you] from Allah and His Messenger. But if you repent, you may have your principal - [thus] you do no wrong, nor are you wronged (Al-Baqarah 278-279).
And:
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O you who have believed, do not invalidate your charities with reminders or injury as does one who spends his wealth [only] to be seen by the people and does not believe in Allah and the Last Day. His example is like that of a [large] smooth stone upon which is dust and is hit by a downpour that leaves it bare. They are unable [to keep] anything of what they have earned. And Allah does not guide the disbelieving people. And the example of those who spend their wealth seeking means to the approval of Allah and assuring [reward for] themselves is like a garden on high ground which is hit by a downpour - so it yields its fruits in double. And [even] if it is not hit by a downpour, then a drizzle [is sufficient]. And Allah , of what you do, is Seeing. Would one of you like to have a garden of palm trees and grapevines underneath which rivers flow in which he has from every fruit? But he is afflicted with old age and has weak offspring, and it is hit by a whirlwind containing fire and is burned. Thus does Allah make clear to you [His] verses that you might give thought (Al-Baqarah 264266).
And:
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And fulfil the covenant of Allah when you have taken it, [O believers], and do not break oaths after their confirmation while you have made Allah, over you, a witness. Indeed, Allah knows what you do. And do not be like she who untwisted her spun thread after it was strong [by] taking your oaths as [means of] deceit between you because one community is more plentiful [in number or wealth] than another community. Allah only tries you thereby. And He will surely make clear to you on the Day of Resurrection that over which you used to differ (An-Nahl 91-92).
And so this then represents the Islamic methodology for the study, the intellectual taking in (receipt), where the reality is taken in and absorbed in a manner that removes all obscurities that may be attached to it and in a way that agitates the feelings towards it and activates the centres of attention or alertness. This is in order to facilitate the mind to pass judgement upon the reality in accordance to the information that he possesses and this is what we mean by the Talaqqiy Al-Fikriy (the intellectual receipt or receiving). /
2) That the person believes that which he studies. Islamic study means be cultured with the Islamic culture and the Islamic culture is that which the Aqeedah has brought i.e. the Kitaab and the Sunnah followed by that which Islaam was the reason for its study like the areas of knowledge attached to the Arabic language for example. Therefore as the Islamic Aqeedah is the basis then based upon that the basis in regards to the study is that of I’tiqaad (belief). The Islamic Aqeedah as we have previously mentioned is an ‘Aqeedah ‘Aqliyah’ (Intellectual belief) and Yaqeen (certainty) is necessary in regards to it. The Imaan in Allah, the Imaan in that the Qur’aan is the Kalaam (speech) of Allah Ta’Aalaa and the Imaan in the Message of Muhammad (saw) and that what he came with is Wahi (divinely inspired revelation) from Allah (swt) are all matters of belief and mere knowledge of them is not acceptable. Similarly they are not taken by speculation or on the basis of what is preponderant (or most likely) but rather the attainment of Yaqeen (certainty) is necessary in respect to these bases which is then followed by an absolute surrender and submission to that which has been brought by the Wahi from Allah Ta’Aalaa. As such the belief in the existence of the Malaa’ikah (angels), the Last Day, the previous Prophets, the previously revealed Books, the resurrection, the account, Jannah (paradise) and Naar (hellfire) are all matters which do not fall under the senses so that the mind can be (directly) utilised in respect to them. However despite that we believe in them with Yaqeen (certainty) because the Wahi from Allah Ta’Aalaa has brought (the knowledge of) them and the same applies to all of the thoughts which are related to the Aqeedah. They are taken from the Kitaab and the Sunnah as given facts which it is obligatory to believe in because their srcin has been affirmed and proven by the ‘Aql (mind/intellect). The role and task of the mind in this is to comprehend the meanings of the language that they have come in i.e. a comprehension of the Arabic language. This is through acquiring knowledge of its worded expressions (Alfaazh), its constructs (formations) and styles. The Aqeedah also came with the obligation for the actions of the humans to be restricted by the Hukm Ash-Shar’iy where the: ‘Asl Bil-Af’aal At-Taqayyud Bil Hukm Ash-Shar’iy’ (The srcin is (respect to) actions is adherence to the Hukm Ash -Shar’iy). This is due to the Qawl of Allah (swt):
But no by your Lord, they do not believe until they go to you in judgement in all disputes between them (and) then find nor resistance in respect to what you have decided, and submit with complete submission (An-Nisaa’ 65).
And due to His Qawl (swt) said:
It is not for a male believer or female believer when Allah and His Messenger have decided a matter for them to have a choice in their affair and whoever disobeys Allah and His Messenger have gone manifestly astray (Al-Ahzaab 36).
In spite of Ghalabat Azh-Zhann (the preponderant view) being sufficient in regards to this study of the Ahkaam Ash-Shar’iyah the srcin however must be believed in, in the case where these Ahkaam Ash-Shar’iyah were deduced from that which the Wahi has brought.
Its study also requires a wide knowledge of the Arabic language, a good thorough understanding of the reality and knowledge of its true reality so that a Hukm is not provided for a reality that it doesn’t apply to. For example the Haraam acquisition could happen by way of stealing or by taking by force or by gambling or by way of a lottery. All of this represents the Haraam acquisition however that which results or is built upon that upon that differs completely and this requires a precise knowledge of the presence of a resemblance between the two (i.e. the Haraam acquisition and what is built upon that). So for example it is not permissible for the Muslim to purchase a stolen property whether this is from the thief himself or from other than him if he knew that the property had been stolen and additionally the owner of the stolen property takes it back wherever he finds it whether it is in the hands of the thief or someone else. This is whilst it is permitted for the Muslim to purchase property upon which gambling has occurred or other than that and so on... Therefore gaining an understanding of the reality represents an essential matter in respect to knowing the Hukm of Allah which applies upon it. Arriving at the Hukm Shar’iy by way of Ghalabat Azh-Zhann (what is most preponderant) only means that it is a Hukm Shar’iy i.e. an understanding of what the Wahi which we believe in (with Yaqeen) has brought. This therefore means that we have adopted the Hukm AshShar’iy built upon an I’tiqaad (belief) in its source(s).
The result of this manner of adoption is that the Islamic culture exists in an influential form within the people because it is built upon belief. The connection between the Hukm Ash-Shar’iy and its Daleel from which it was deduced represents an effective factor for the creation or generation of an atmosphere of Imaan in the Nafsiyyah (disposition) of the one who has adopted the rule. This generates within him a blazing source of power that illuminates the path for him and burns away that which in his way. This is because the culture (and culturing) does not mean gaining areas of knowledge and increasing the amounts of information as its reality has become today or as happened yesterday in the period of time that we have been discussing. Rather it means establishing the conduct of a person by establishing his concepts about life in the case where the human only is only regulated by his concepts about life and where his behaviour and conduct is in line with these concepts.
3) The Islamic method or way of studying necessitates that Islaam is studied in a practical manner and not a theoretical study that is based upon assumptions (theories) and fiction or imagined matters. The practical study means that the person examines the sensed reality or that which is possible for his sensation to fall upon, in respect to the inanimate object, animal, human or the realities and incidents which have taken place or could possibly occur. He examines all of that for the sake of specifying his position (stance) towards them and to define (or specify) his conduct in relation to them. So he comprehends them according to their true realities and then behaves or
conducts himself towards them built upon this comprehension or understanding. So his view towards the Kawn (creation/universe) and what it contains in terms of celestial bodies (planets etc...), the earth and all that it contains in respect to its materials, the creations and all of the differences that exist amongst them, the human being and his relationship with them, his view towards all of these represents the subject or context of his study and examination. It is not undertaken for the sake of the study and investigation itself but rather it is only undertaken to define and specify a position or stance towards them and in order to know the possibility or potential to benefit by them in addition to the kind of relationship that binds him to them. This is so that he can decide whether the matter is obligatory upon him or forbidden or a matter of choice between undertaking it or leaving it. This then is what we mean and intend by the ‘practical study’. So in the issues of the Aqeedah texts have come which encourage the investigation of the sensed reality and to take notice or pay attention to some of the aspects existing within the sensed reality. This is so that this study and investigation can lead to the realisation and comprehension of a particular true reality that connects to the life of the human being and his relationship with Allah (swt) the Creator of this existence or an aspect from the aspects of the Aqeedah which is explained clearly by way of a definite intellectual proof (Burhaan) or which through an amazing example indicates and guides to a thought from amongst the thoughts of the Aqeedah which is not easy or possible for the human to picture.
This is like the Qawl of Allah (swt):
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O People, if you should be in doubt about the Resurrection, then [consider that] indeed, We created you from dust, then from a sperm-drop, then from a clinging clot, and then from a lump of flesh, formed and unformed - that We may show you. And We settle in the wombs whom We will for a specified term, then We bring you out as a child, and then [We develop you] that you may reach your [time of] maturity. And among you is he who is taken in [early] death, and among you is he who is returned to the most decrepit [old] age so that he knows, after [once having] knowledge, nothing. And you see the earth barren, but when We send down upon it rain, it quivers and swells and grows [something] of every beautiful kind. That is because Allah is the Truth and because He gives life to the
dead and because He is over all things competent. And [that they may know] that the Hour is coming - no doubt about it - and that Allah will resurrect those in the graves (Al-Hajj 5-7).
In another example a group approached the Messenger of Allah (saw) and asked him about the moon; how it begins as a crescent and then enlarges until it is a full moon before reducing in size once again until it disappears as if they were enquiring about the moon cycle. So the Lord of the Worlds answered them disciplining them and directing their focus to the practical aspect in respect to thinking and thought.
He (swt) said:
They ask you concerning the new moons. Say: These are the signs to mark fixed periods of time for mankind and for the pilgrimage. It is not Al-Birr (piety) that you enter the houses from the back but Al-Birr (is the quality of the one who) fears Allah. So enter the house through their proper doors and fear Allah so that you may be successful (Al-Baqarah 189).
This highlights that thinking about the moon should be undertaken in respect to that which concerns the human being (i.e. has a practical implication for the human). As such He (swt) guided them to its usage as timings for humans without addressing the astronomical system and moon phases or the reasons for the decrease and increase of the perceived size of the moon.
As for the issue of the Ahkaam Ash-Shar’iyah then in the studying and teaching of this subject the practically aspect is approached which comes from the very definition of Fiqh which is: ‘The knowledge of the practical Shar’iyah issues deduced from the detailed evidences (Al-Adilah AtTafseeliyah)’. So when these Ahkaam are studied then they are studied from their practical reality and so for example it is not asked: ‘How do we fast upon the Moon’s surface?’ Or ‘Which direction would we face in prayer upon Mars?’ This is because Islaam only came for the human who lives upon the face of the earth and as such the examination revolves around this human being and what comes from him in respect to actions and his relationship with the things that surround him in addition to what can possibly happen in terms of developments or changes related to the forms of these relationships. This then is the methodology of Islaam in respect to the study as it means gaining depth in the area of study, believing in that which is arrived at and then taking that in a real and practical manner in order to apply it to life’s arena.
This method makes the Muslim who follows it deep in thought and of a high level of sensation so that he is capable of solving the problems of life and to proceed upon the path towards revival in a natural manner. This is because this way of adopting thoughts makes them stirring and effective, realistic, practical and truthful whilst providing a beneficial treatment. It makes the Muslim establish
and base his Aqeedah upon a solid and firm basis which is the rational (intellectual) and certain Aqeedah. He similarly establishes his Nafsiyyah (disposition) upon the same basis which then leads to harmony in his life, a coordination amongst his wants whilst making his connection to Allah (swt) continuous in all of his behaviours and conduct (i.e. actions) whether these are purely for worship or relate to the other matters of life.
/ As for what happened at the turn of the twentieth century and before that then it was completely in opposition to this (i.e. the correct manner of learning and teaching). This is because they employed the theoretical (Nazhariy) approach in respect to the study of Islaam under the principle: ‘Knowledge for the sake of knowledge’ or even worse than that: ‘Knowledge for the sake of a job’. So the ‘Ulamaa began to undertake their theoretical (or knowledge for the sake of knowledge) studies and research without paying any regard to whether they treat and solve the problems of life or not and whether they have a reality to them or not. Indeed they were the furthest of people from the occurring (life’s) realities and understanding them according to their true realities. Additionally they were unable to come up with anything new whilst there methodology was to memorise what those who had proceeded them had authored. It reached the point and situation where the Khutabaa (khateebs) of the Masaajid or the majority of them would take their speeches in the days when the people gathered from the book of Ibn Nabaatah which contains 52 Khutbahs arranged in accordance to the occasions occurring within the year. So for instance there would be the Khutbah for the beginning of Ramadhaan, a Khutbah for the ‘Jum’ah of the orphan’, another for ‘Eid Al-Fitr, for ‘Eid Al-Adhaa and the sacrifices, and one for ‘Aashooraa and so on... This relates to their study and their understanding of Islaam. As for their carrying of Islaam and the Da’wah to it; then they employed the Usloob (style) of Al-Wa’zh (preaching and exhortation) and Irshaad (giving guidance/direction) and giving reverberating Khutbahs on the (special) occasions. They did not proceed upon the methodology of the Qur’aan in respect to the Da’wah and so there was no thought that corresponded to the reality and no action that was connected to that thought or was there any goal or objective behind the Da’wah apart from (undertaking) the Da’wah alone!! For this reason they did not leave any positive or beneficial effect upon the souls of the individuals or the society.
This is in addition to the general methodology (or curriculum) which the leaders, the agents of the disbelievers, enforced over the people in the systems of education and teaching. Islaam lost any real existence within these curriculums in the case where it was placed within it as any other subject area and it was not provided as a main or fundamental subject by which the sons of the Ummah would be cultured so as to shape and mould their ‘Aqliyyahs (mentalities) and Nafsiyyahs (dispositions) by it. This is one angle and from another angle they put down a system which was deplorable and sorrowful as they arranged the admissions system to Universities in the following way: - Whoever’s evaluation was Mumtaaz (distinguished) and his score was over 90% was entitled to be admitted into the faculty of medicine. - Whoever’s evaluation was very good and his score was over 80% was entitled to be admitted to one of the branches of engineering or pharmacy. - Whoever’s evaluation was good then he would be able to choose a scientific subject like Physics, Chemistry or something similar.
- Whoever’s evaluation was acceptable (Maqbool) then he could choose one of the Adabiy subjects like geography, history and the Arabic language. - Whoever was not successful or was between failure and success then this would be acceptable enough for him to enter into the faculty of the Sharee’ah.
Due to this those who studied the Shar’iyah were not motivated to do so due to their Imaan (deep belief or conviction) in this study but rather the motivating factor was to attain a University certification so that he could gain employment and obtain his daily bread as a result. For this reason the study of Islaam became a means of attaining material gain. It therefore had no effect upon the Nafs of the one studying it and as a result had no effect within the society. This is if we were to forget and overlook the negative effect that it had upon the people whilst they witness the behaviour of those ‘Ulamaa being contrary to what it should have been upon or that which Allah (swt) had commanded the Muslims with.
Secondly: The acceptance of the ‘Ulamaa and students of Islaam for Islaam to stand accused.
Since the sending of Muhammad (saw) and until the hour is established Islaam and Kufr will be two opposites and opposing forces that will not come in contact with each other apart from in the intellectual struggle or the military field. For this reason it is not strange or unusual for the Kuffaar to plot against Islaam and the Muslims and so when the Nestorians and Jacobites went out to attack Islaam and its thoughts using the style of Greek logic whilst this was a style which the Muslims had been unaware of. However due to their Imaan in Islaam they were motivated to study this logic, translate the Greek books and arm themselves with the same style in order to refute their opponent. This then led to a number of Fitan (strife and problems) and the arising of a great number of groups and schools of Kalaam. This led to wasting a great deal of the Muslim’s efforts and energies whilst bringing out from them and fragmenting them into different groups and parties like the Mu’tazilah, the Ashaa’irah and Al-Jabriyah amongst others. Therefore although this was undertaken initially to defend Islaam it nevertheless led to results which were not praiseworthy or beneficial whilst a methodology contrary to an in violation to the methodology of Islaam was followed i.e. the Minhaj (methodology) of the Qur’aan Al-Kareem in the Da’wah or in respect to how to refute the opponent. For more detail on this issue the chapter titled: ‘The error of the methodology of the Mutakallimeen’ can be referred to in the Book: ‘Ash-Shakhsiyah Al-Islaamiyyah’ Volume One.
As for what appeared prominently from the beginning of this century (I mean the twentieth) then another style was adopted to attack Islaam which included making false allegations against it at times and by attempting to make its rulings appear ugly at other times despite the fact that they represent the correct solutions and treatments for all of the problems of life. The stance and position taken by the ‘Ulamaa and educated towards this ferocious attack however was different from that taken by those in the second and third Hijriy centuries. This was due to the difference in regards to circumstances and the difference in respect to the Nafsiyyahs. Previously the Muslims had been at the summit of their glory and might whist at the beginning of this century and until now they have been in the lowest depths of decline and subjugation. This is particularly because they had become dazzled by the bright lights of Europe whilst their power weakened the Muslims within themselves. For this their responses to the attack were weak and fragile as they resorted to
interpreting the thoughts of Islaam and its Ahkaam and attempted to explain them with the understanding that Islaam is not in opposition to modern concepts and progressive thoughts like the thoughts of freedom and democracy for example.
So when the Kuffaar attacked the Ahkaam of Islaam and said that Islaam does not provide freedom to the individual and does not acknowledge personal freedom they yelled back in defence of Islaam stating that Islaam is indeed the Deen of freedom! They would say for instance: ‘Have you not read what ‘Umar Ibn Al-Khattaab (ra) said: ‘Would you enslave the people whilst their mothers have given birth to them as free people?’ They assumed for Islaam to be accused whilst they were its defenders and they forgot to attack freedom and make clear that it represents the corruptor of this time, that it is an erroneous incorrect thought, that it is a thought which is impossible to implement and apply in reality, that the human can either be an ‘Abd (slave and servant) to Allah or he can be a servant and slave to the law and that in other than these two cases he would be like the one who lives in a jungle who does not make contact with anybody just as all animals behave, or he could be a slave to his desires and instincts whilst we hold the view that the highest and most lofty of attributes that a human being can be characterised with is for him to be a slave and servant of and to Allah (swt).
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When they attacked the Islamic ruling system or said that it was a system of dictatorship, the ‘Ulamaa and educated wanted to defend Islaam and so they said that the ruling system in Islaam is a just system as it is based upon Shooraa. Allah (swt) said:
And those who have responded to their Lord and established the prayer and their affair is Shooraa (consultation) amongst them, and from what we have provided them, they spend (Ash-Shooraa 38).
And He (swt) said:
So pardon them and ask forgiveness for them and consult them in the matter. Then when you have decided then have Tawakkul (reliance) upon Allah. Verily Allah loves those who rely upon Him (Aal ‘Imraan 159).
This is whilst it was absent from their minds that the leadership in the ruling system in Islaamis singular and that the idea of collective leadership is an erroneous idea. Additionally whoever makes claim to the idea of the majority or ruling by the opinion of the majority then this idea is a nonsense idea and opposed to the realty (and negated by it). They are also not free of trickery so when they attack Al-Jihaad and they are unable to refute and deny the accusation that is made they then say (in
defence) that Al-Jihaad is (only) a defensive war!! The battles that took place (in the early years of Islaam) were no more than measures to deter and prevent and even the battles against the Persians and the Romans were defensive wars as they were undertaken as a deterrent against forces which were gathering to strike against the Muslims. So for instance the Messenger of Allah (saw) was informed that the Romans were gathering in the south of Palestine and in response to this he (saw) declared a call to arms directed at anyone capable of carrying a weapon and He (saw) went out alongside them to meet the Romans in the South of Jordan in the Ghazwah of Tabook. This then led to the leader of ‘Ielyaa’ (Al-‘Aqabah) to become cowardly (and frightened) causing him to sign a truce. The expedition of Mu’tah was similarly explained as being a defence in response to Roman manoeuvres however what these ‘Ulamaa and intellectuals forgot or were made to forget was that Al-Jihaad is the Shar’iyah Tareeqah (method) for carrying Islaam to the world and that its reality is as the Fuqahaa’ (of the past) had defined it as: ‘The breaking of the material barriers that stand in the way of the return and the application of Islaam upon the people so that they are enabled through that to see that Noor (light), so that the clouds can be lifted from their sight and all false propaganda and misinformation spread by Islaam’s enemies is kept away and distant’. This is how the Messenger of Allah (saw) proceeded when he undertook the carrying of the Da’wah and he opened up the lands until the conquest of the Arabian Peninsula was completed in its entirety in his lifetime (saw). Then after him the rightly guided Khulafaa’ continued upon his path and so they defeated the Persians and the Romans continuing until the Muslims reached China in the East, Andalus in the West and the gates of Vienna in the North. This then is the true reality and meaning of Al-Jihaad.
The attempted interpretation that they made arose from their weakness and from their acceptance for Islaam to stand accused. Similar to the issue of Al-Jihaad was the Mas’alah (issue) of marrying more than one wife and so they undertook the motions of interpretation (Ta’weel) and stated that this matter was permissible in the case of Daroorah (necessity) in the case where they linked the Aayah of permissibility:
Then marry (other) women of your choice, two or three of four but if you fear that you will not deal justly (with them) then (only) one or (from) that which your right hand possesses. That is nearer ro prevent you from doing injustice (An-Nisaa’ 3).
To the following Aayah:
You will never be able to do (complete) justice between your wives even if you strove to do so. So do not incline completely to one so as to leave the other hanging. And if you rectify your affairs and fear Allah the verily Allah is Ghafoor Raheem (An-Nisaa’ 129).
So they stated that the absence of justice negates the permissibility!! The same applied to the issue of cutting the hand of the thief and the issue of divorce amongst other issues...
And so a book was authored in which denied that there was a ruling system in Islaam (‘Ali ‘Abdur Razzaaq). Others authored books to defend Islaam as a whole whilst another entitled his book: ‘Islaam which is falsely accused: Between capitalism and socialism’ whilst another authored a book called: ‘Social justice in Islaam’. In this way we found the ‘Ulamaa and (Islamic thinkers) accepting Islam to be accused and to then go forth in its defence. The overall consequence of this was to distance the Muslims from the (correct) Islamic understanding and as a result this led to the distancing of Islaam from (the reality of) life.
Thirdly: Then when the Islamic movements failed to halt the decline and some of the Islamic lands began one after another to slip away from the body of the Khilafah and were then subjugated to the rulings of Kufr at the hands of the agents of the disbelievers or the disbelievers directly. This began from Eastern Europe reaching the Balkans and extended to North Africa, Egypt, Saudi and Yemen culminating with the destruction of the Khilafah. As a result of all this the minds of the Muslims became distanced from the return of the Khilafah or the restoration of the Islamic rule. The Muslims became convinced of defeat and became content to be ruled by the systems of Kufr. They did not see something bad in that as long as this did not prevent the Muslims from practising their Sha’aa’ir (rituals and symbols) and as long as the character of Islaam was not removed from them as had happened in the Balkan States where their constitutions confirmed that Islaam was the official Deen (religion) of the State or that Islaam was a source from amongst the sources of legislation within the State. They then began to voice and indeed demand the obligation of benefitting from other Mabaadi’ (principles/ideologies) in order to assist the application of Islaam in the reality of life. Indeed dangerous very concepts became focused and concentrated in the minds of the Muslims like the separation of the Deen from Siyasah (politics). It was stated that the Deen is holy and clean of everything and as such it is not permissible to mix it with politics which is full of hypocrisy, trickery and deceit and this reached the to the point where they prohibited political parties that called to Islaam.
As a result of all of this all of the Islamic movements which were established to revive the Ummah and restore the glory of Islaam failed. Indeed their failure was only natural. This is because although they were Islamic movements they however suffered from what we previously mentioned in terms of their bad understanding of Islaam, their misunderstanding of the thought and the method and the obligation of making a connection between the thought and the method. This was in addition to their ignorance or lack of knowledge and understanding of the reality that they were living in, the nature of the society and its components and make-up and because of all that which had accumulated of filth and become attached to the Aqeedah and its thoughts in terms of obscurities and their ignorance of the main reasons that led them to all of this and their situation. The presence and existence of these movements, their failure and persistence to remain upon their same paths up
until now brought with it a new major problem added to all the other problems that we have already discussed. They made the society more complicated and distanced it further from Islaam whilst they were working as they said to apply Islaam within it. /
Proceeding upon the path of the solution: The first step required in order to proceed upon the path of the solution is tom acquire knowledge and understanding of the reality that we are (currently) living in. His is because the sound thinking demands that we have knowledge of the reality that we want to treat which is a knowledge that makes clear all of its defects and maladies in addition to all that which has accompanied those defects. It requires that we know the reasons (or causes) that led the reality to reach the state that it is in. This means knowing the illness and its causes and the phases that the patient passed through and the condition that the patient is suffering from when the examination is conducted upon him. If this acquisition of knowledge is completed in a complete manner and this malady (defect) has become known including its source and reasons then at that time the prescription for the treatment is possible in addition to knowing how to provide this treatment to the patient. In (regards to) the first step we have explained the reality of our society and the state or condition that she is in, in addition to the causes that led to that condition. In modern medical treatments the illness is diagnosed by way of a bed examination which is followed by acquiring knowledge about the bacteria or virus that has caused the illness. The necessary analyses and tests are then undertaken to determine the bacteria or virus but this is not sufficient as he must also have knowledge of the medicine that will kill it. This means that knowledge needs to be present in regards to the available medicines in the market that the bacterium responds to and based on that the treatment is defined and specified in addition to the manner that must be followed in respect to giving the treatment to the patient, and so on...
From here I say: That which we have spoken about so far is the illness with its effects, symptoms and the bacteria that has caused it. We have also studied that which this patient has taken in terms of previous medicines and the effects which these left behind. If were now to leave the answer we would find everyone shouting with one single voice ‘Islaam is the treatment’ and that the return to Allah represents the clear treatment and solution for every disease or malady. This answer however is similar to what is said to the patient if it was said to him that ‘medicine is the solution’. Even more than that could be specified so for instance it could be said that anti-biotics are the treatment or sulphur compositions. However general answers to general questions do not benefit in the least. For that reason we state that this state or condition of sickness which our society suffers from demands firstly the proficient and skilled doctor who undertakes the diagnosis of the illness, the specifying of the medicine and the manner of giving it including the timings it should be taken. And by this I mean that it is essential for there to exist an Islamic Jamaa’ah (group i.e. Harakah (movement)) that understands Islaam in accordance to its thought and its method and is aware of how to connect the thought with the method and then define its objective which is the resumption of the Islamic life. By this I mean that this movement places down a host of its thoughts with broad guidelines as bases and principles upon which all that is required when traversing its path is built upon or derived from them. Similarly it provides the Ahkaam explaining its methodology and makes clear the path it
proceeds upon, and it must put down a blueprint (engineering plan) for its objective and all of this is connected to and emanating from the Aqeedah that this movement carries. Even when it calls the people it only calls them to defined (or specified) matters and takes their trust based upon clear bases and by doing so it plants healthy seeds in the fertile ground, it then takes it upon itself to take care of and safeguard these seeds until its stem becomes strong and then provides its fruits and reaps its goodness. This means that it works to bring this thought in its entirety to exist within a land from amongst the Islamic lands so that it sprouts and bears fruit. Then when its stem becomes strong, meaning when the readiness exists to carry the thought and to sacrifice, this complete thought then launches into the society until it is established within it or until it is lead by it. It would then lead the society until Islaam is restored to lie and is implemented completely by way of its only Tareeqah, its authority and power, i.e. the Khilafah.
The constituent elements of these movements: It is immediately apparent after this study of the reality of the society that we are undertaking (the society existing in the Islamic world as a whole) and after studying the causes and reasons that led to it reaching this current condition and state, the study of the movements which attempted to revive the society and halt its decline in addition to the main or fundamental reasons or causes that led to their failure. It is immediately apparent and obvious for this movement to avoid falling into that which occurred in respect to the movements that preceded it and to keep distant from the errors, pitfalls and slips which they perpetrated. This is where these pitfalls and errors related to the Takattul (structural) aspect and the sound (correct) bases upon which the correct Takattul is established, or it related to the clarity of the thought and the method and the connection between them. As such this movement or Takattul (party structure) in which there is hope that it will be able to halt the decline in the Islamic world, revive the Ummah and restore its high standing in respect to leading the world so that the proof and argument can be established over mankind. This is so that the Ummah can bear witness before Allah Ta’Aalaa that it has indeed undertaken its conveyance to this world in an eye-catching and powerful manner where no room is left for anyone to say to their Rabb on the Day of Judgement that they had not heard of this Deen, come across it or that nobody had conveyed it to them. This Ummah is responsible for that and has been legally made responsible and entrusted to bear witness over mankind just as the Muhammad (saw) bore witness.
Allah (swt) said:
And in that way we have made the Ummah Wasat (best nation) so that you are witnesses over mankind whilst the Messenger (saw) is a witness over you (Al-Baqarah 143).
Yes, indeed this is the role and task of this Ummah and this represents the purpose of her existence and my main work (in srcin). In order to accomplish that the Harakah (movement) or Kutlah (party structure) undertakes the following:
1) Define its thought in a manner that distances generalities from it, purifies it from all blemishes (stains) which have come from the western thoughts which infiltrated it in the time of decline and makes it clear from all obscurities which took away its clarity from its sons. And so the Harakah places down fundamental principles or Ahkaam ‘Aammah (General rulings) emanating from the Aqeedah whilst making clear how these Ahkaam and principles emanate from it. This means that they connect any Hukm or Fikr (thought) that they have adopted to the Daleel Ash-Shar’iy (Islamic legislative source) from which it is deduced.
2) To adopt the Ahkaam, Araa’ (opinions) and Afkaar (thoughts) that are required in the following of its path or in respect to its future vision which it had planned to transport and move the society to. This means that the sought objective is just as clear as its Fikrah (thought) and Tareeqah (method) in the case where they become blueprints which require nothing other than implementation and the placing of people in their positions.
3) To make clear its method, whether this relates to reaching its objective (i.e. the stage that precedes the establishment of the Khilafah – and this resembles the Makkiy Staeg of the life of the Messenger of Allah (saw)) or relates to that which follows the establishment of the State and the giving of the Bai’ah to the Khalifah accompanied by it undertaking the implementation of the previously adopted solutions and that which the Ummah was been led to for its sake. This refers to the method of Islaam in respect to its presence within the life and the undertaking of its srcinal main work and responsibility. This is to carry Islaam to the world and to establish the Hujjah (proof and argument) upon it which is done through the application of Islaam upon them and by keeping them away from all propaganda, deception and misdirection that prevents them from seeking the Haqq and prevents them from following it.
4) The elevation of the individual and the Ummah in order to understanding the meaning of their existence in life and that their existence is only for the purpose of carrying the Islamic Da’wah alone.
The implementation of these four points necessitates and requires that it be explained to the people so that the one who follows does so based on explanation (i.e. proof and evidence).
Allah (swt) said:
Say: This is my way. I call to Allah based upon clear vision (awareness). I and who follows me and Glory be to Allah. And I am not from the Mushrikeen (those who associate partners with Allah) (Yousuf 108).
Therefore there does not exist a specific culture for the leadership, a specific culture for Mas’ools (those in position of responsibility), a specific culture for members, another culture for the Daariseen
(students) and yet another that is declared to the people. Indeed that which this Kutlah (structure) adopts is binding upon all of its individuals irrespective of their positions and responsibilities and this culture is presented to the Ummah with all clarity and frankness so that this Ummah follows (and is led) by this culture and gives its trust (and confidence) to the Kutlah upon its basis. Indeed this is so that this Thaqaafah becomes the Thaqaafah (culture) of the Ummah and that the method of thinking in the Ummah is the same method of thinking existing in the Kutlah. / Based upon what has been mentioned the Kutlah adopts in the following areas:
1) It adopts Ahkaam Shar’iyah related to treating the individual problems that occur amongst and in relation to individuals.
2) It adopts Ahkaam Shar’iyah related to treating the problems that arise from the relationships of the individuals amongst one another.
3) It adopts general Shar’iyah opinions related to that which occurs between the Muslims in general and others (within the State).
4) It adopts Shar’iyah opinions related to the general relationships of the Muslims with others (external to the State).
5) It adopts thoughts (Afkaar) Shar’iyah which act as bases which a host of Ahkaam fall under. 6) It adopts Shar’iyah definitions which define the intended (or sought after) meanings.
This collection of Ahkaam Ash-Shar’iyah, Ahkaam, Aaraa’ (opinions) and Afkaar (thoughts) all represent Ahkaam Shar’iyah deduced from detailed evidences (Adillah Tafseeliyah) which the Islamic Aqeedah has brought. This means that they are all extracted and deduced from the Kitaab and the Sunnah.
This is in addition to what it adopts of thoughts, opinions and definitions which are not Ahkaam Shar’iyah which have been arrived at through intellectual (or rational) study and by political pursuance. This is like the political opinions relating to current events or incidents, understanding the international politics (between states), or like the definition of the ‘Aql (mind) and the society amongst other matters.
Similarly it adopts meanings and specific linguistic Madloolaat (indications) through which knowledge of the Ahkaam Ash-Shar’iyah is attained and arrived at.
This is what the Kutlah (party structure) is required to adopt in order to specify its current concepts (understandings), its concepts in regards to its future, its concepts related to the objective that it is working towards, the concepts related to the manner by which it will reach and accomplish this
objective, its concepts about the manner of its Tafkeer (thinking) and its method in thinking. This is so that an Ummah can be built possessing a specific principle in respect to its thinking and a specific manner of thinking so that through this a true and real Nahdah (revival) can be achieved for the Ummah and so that she can return to Islaam its standing, position, honour and might, and in order for the Ummah to take her (rightful) position of leadership of this world.
Before going into more detail in respect to these six points I will first pause to define ‘At-Tabanni’ (Adoption) and its importance. So its definition is: Taking one of the meanings which the Nass (text) or reality realises. In this way the adoption would only exist in the case where there are two or more opinions within a Mas’alah (issue). However in the case where the Mas’alah (issue) is Qat’iyah (definite) then there is no room for adoption to take place because in this case the issue would be binding upon everyone (without exception). Therefore it cannot be said that we are adopting the Sawm (fasting) of Ramadhaan, the five prayers undertaken in the day or any other issue from amongst the issues which are Qat’iyah Ath-Thuboot and Qat’iyah Ad-Dalaalah (definite in transmission and in meaning). This applies equally whether the issues relate to Aqeedah like the Imaan in Allah Ta’Aalaa or in the Qur’aan Al-Kareem, or if they are from the issues which the Qur’aan Al-Kareem has brought, or from the Shar’iyah issues like the Salaah, obedience and good conduct to the parents or any other issue. At-Tabanniy (adoption) is therefore the choosing of one of the opinions associated to a Mas’alah (issue) in which there exists a number of opinions and then the Tabanniy (adoption) is the result of what is found to be most preponderant and likely (Ghalaba AzhZhann) to be the correct the opinion. This then is what I intend by the word At-Tabanniy and (as stated) this applies to the Aqeedah issues, practical Shar’iyah issues and to the general political opinions. Indeed it applies in all areas of knowledge which includes the administrative law that regulates this Takattul (party structure).
As for the importance of adopting in these issues in respect to the Kutlah, then this adoption represents its Rooh (spirit), its title, its unity and its distinguished personality. It is that which specifies its positions and stances, unifies the path that it proceeds upon. As such it (the Kutlah) appears as a single person, a single opinion, a single conduct and a single position towards all that it confronts in terms of situations and incidents (events):
1) The individual problems that occur amongst individuals. The obligation makes it inevitable for this Kutlah to be a distinguished personality and as such it is necessary for it to possess a specific way of thinking which each of its individuals abides by so that their problems unify to all of their problems associated with the formation of their Aqliyyahs (mentalities) and their Nafsiyyahs (dispositions) so that they will be Islamic personalities. This is so that they will understand the matters with one single understanding, so that they will look at the realities and events from one single viewpoint (or perspective), so that they are bound by a single principle by which these realities and incidents (events) are measured and so that their judgments passed upon them will then be one single judgement. For this reason it was necessary for this Kutlah to adopt a collection of principles (Qawaa’id) and Ahkaam Ash-Shar’iyah which would enable the Shaab himself to build his ‘Aqliyyah and his Nafsiyyah in a sound manner upon those principles and so that his individual composition is built upon a solid, firm and clear basis which is in conformity with the other individuals or members of the Kutlah. Therefore his individual composition, meaning his Aqeedah, his ‘Ibaadah, his Akhlaaq
and his Mu’aamalaat, would all be pure and clear (Naqiy and Saafiy), built upon firm bases and a sound understanding. So in respect to the Aqeedah for example the Kutlah would adopt the following: ‘The Khabar Al-Aahaad are not a Hujjah (proof) in the Aqaa’id (beliefs)’ and ‘The Aqeedah is not taken except by way of Yaqeen (certainty)’. In regards to the Af’aal (actions) it would adopt for example that: ‘The Ahkaam Ash-Shar’iyah are taken by the Ghalabat Azh-Zhann (what is preponderant/most likely to be correct)’, ‘The Asl (srcin) in respect to Al -Ashyaa’ (things) is Ibaahah (permissibility as long as there is no Daleel for its Tahreem (prohibition)’, ‘Al-Asl (the srcin) in respect to the Af’aal (actions) is adherence (or being restricted) to the Hukm Ash-Shar’iy’, ‘The Hukm of Allah within a (given) Mas’alah (issue) is one (singular) for the single person and it is not multiple (or more than one)’, ‘The permissibility of moving from one Fiqhiy opinion to another based upon the strength of the evidence’ and ‘The ‘Awrah is from the belly-button to the knee’. These are merely some examples in order to highlight this issue and the area of adoption is not restricted to them. However it must be known that the Kutlah does not adopt in the ‘Ibaadaat (acts of worship) because it is not a new Madh’hab that deals with each and every issue and adopting in all issues would cause a great burden and difficulty upon its individuals and members. For that reason we view that adoption does not take place in the ‘Ibaadaat with the exception of Al-Jihaad and AzZakaat or that which relates to the unity of the Muslims like the beginning of the fasting in Ramadhaan and the start of ‘Eid.
2) The problems which arise between the relationships of the people amongst themselves. This is includes for example: The impermissibility of leasing land for agriculture, money exchange has to be undertaken hand by hand and equal amount when the two types (kinds) are alike whilst hand to hand is required if the kinds are different, the causes of acquiring ownership being five: money for the sake of living, what the State provides from its wealth (treasury), the gift, inheritance and will (Wasiyah) and Ijaarah (hiring) and its rulings, the relationship between the man and the woman, and in the economic affairs amongst others. 3) The adoption of general Shar’iyah opinions (Aaraa’) related to what occurs between the Muslims and others (within the State). This is like the Ahkaam related to the Dhimmiy (non-Muslim subject) in Daar ul-Islaam and their relationships with the Muslims including that which is obligatory upon the Muslim towards the Dhimmiy in terms of justice and what is due to him in terms of fairness (and rights) in addition to how the Muslims deal with him whilst he is residing amongst them and has permanent relationships with them. This includes: The Non-Muslims being left in respect to their beliefs and what they worship (without interference), non-Muslims are treated in respect to their foodstuffs and clothing in accordance to their religions within that which the (confines that the) Ahkaam Ash-Shar’iyah has permitted where for example they would not be permitted to sell alcohol and pig meat in public areas and the women would not be permitted to go out in public unveiled, and their personal matters will be dealt with by them in accordance to their religions, in addition to all that must be made clear in respect to the Ahkaam of the Ahlu dh-Dhimmah. 4) The adoption of general opinions (Aaraa’) related to what occurs between the Muslims and others (external to the State). This includes: The permissibility of convening good neighbourly treaties, truces and trade agreements/treaties amongst other agreements and treaties which regulate the relationships of the Muslims with others.
As for the thoughts (Afkaar) then this Kutlah adopts Qawaa’id Kulliyah (comprehensive or all inclusive principles) and Qawaa’id ‘Aammah (general principles) which a host of practical branch or subsidiary Ahkaam fall under. These include for example:
1) The Qaa’idah (principle): ‘Al-Waseelah Ilaa-l-Haraam Haraam’ (The means to the Haraam is Haraam), the Qaa’idah: ‘Laa Darara Wa Laa Diraar’ (There is no harming and causing harm’ and the Qaa’idah: ‘Maa Laa Yatimmu-l-Waajib Illa Bihi FaHuwa Waajib’ (That which the Waajib (obligation) is not fuldilled except by it is (itself) Waajib (Obligatory)’ in addition to other Qawaa’id which assist the Kutlah to accomplish its goal and reach its objective.
2) Also in regards to thoughts (Afkaar) the Kutlah also adopts definitions and terminologies in addition to defining certain meanings it has committed to. This is like: The definition of the Hukm Ash-Shar’iy as being: ‘The address of the Shaari’ (Legislator) relating to the actions of the ‘Ibaad (servants) by way of Iqtidaa’ (request), Al-Wad’i (Ahkaam related to other Ahkaam like the Shart and Sabab) or At-Takhyeer (choice)’ or like the Ta’reef (definition)of the Sabab (cause), of the Shart (condition) and the ‘Illah (Shar’i reason for a ruling as mentioned or indicated by the text). This is in addition to other Shar’iyah definitions which are used to define intended meanings within an expression, word or speech.
The above collection of Ahkaam, Aaraa’ and Afkaar that we have highlighted are all considered to be Ahkaam and Aaraaa’ (opinions/views). This is because they relate to the actions (Af’aal) of the ‘Ibaad (servants) from one angle and because they are deduced from Shar’iyah Adillah (sources/evidences) (i.e. from the Kitaab and the Sunnah) from another angle. Therefore the Kutlah must adopt from each type of these types what it requires in following its path, in respect to building its body, building the Ummah and in respect to drawing out its goal and embodying its objective. All of these are Islamic Ahkaam and there cannot be anything within them which is un-Islamic as they are Islamic alone and do not depend on other than the Islamic Usool and its texts. This is in addition to what we have highlighted in regards to the adoption of opinions, thoughts and definitions. However these are not Ahkaam Shar’iyah but rather rational (or intellectual) studies which are arrived at through intellectual and thought-based study (or research) because they represent a sensed reality, realities which are occurring or new events (and incidents) all of which must be understood and a view and stance be provided and specified for them. This is like acquiring knowledge of and understanding the international reality (situation), understanding the policies of the influential States within the international situation and understanding the conditions of the region and lands in which the Kutlah is undertaking its work. This also includes knowledge about the reality of the society, its components and elements, defining the Fikr (thought) and its core elements and it also requires a knowledge of what exists within the society in terms of corrupt thoughts, bad norms (customs), systems of disbelief. Then the appropriate styles in order to combat and confront all of these corruptions are drawn up.
The above or something similar to the above in meaning therefore represents a collection (of areas in which) the Kutlah needs to adopt and produce a Thaqaafah (culture) for. It must make the Fikr (thought) and the Fikr alone as a way (method) for this adoption of the thoughts to take place. The
Fikr alone represents the Tareeqah (method) by which the Islamic Da’wah is carried and that requires making the Islamic Aqeedah the Qaa’idah Al-Fikriyah (intellectual basis/principle) upon which all of the thoughts are built and from which all of the Ahkaam emanate. It must make the Islamic Aqeedah and the texts that it brought in addition to that which it was the reason for its study (i.e. like the Arabic language) the basis of the culture of this Kutlah and indeed as the basis to culture the Ummah as a whole and to make the Nahdah (revival) occur upon its basis. /
Al-Fikr (the thought):
Al-Fikr is the judgement of the ‘Aql upon a specific or particular reality and the thought would be measured to be correct and the judgment truthful in accordance to the applicability of the thought upon the reality that is being judged upon. This ability (of Al-Fikr) that Allah (swt) has granted the human being represents the greatest blessing and favour by which man has been raised above all other creatures and why Allah Ta’Aalaa made the Malaa’ikah (Angels) prostrate down before him. In addition He (swt) made it the object of Takleef (legal responsibility and accountability) in respect to this human being. Through it he distinguishes between the Khair and the Sharr (Good and bad) and he understands matters by it. As such it represents the means of comprehension and the way towards acquiring knowledge. The understanding of this issue has not been clear amongst the people since the oldest or eras as they were bewildered by its essence, the nature of its functioning and the place or location of its work and functionality. The issue preoccupied the majority of the philosophers, the Greek philosophers and even the Muslims who engaged in philosophy whilst it still remains a subject of examination and study to this very day. This is despite it being a sensed reality which can be comprehended with ease as it is not something that falls outside of the scope of the ‘Aql (mind) just as it is not from amongst the Ghaibiyyaat (unseen matters) which are in need of a transmitted text or report to affirm it. In spite of that these and those came with opinions which were close or similar at times and contradictory at others whilst none of them hit the mark.
The following were some of their opinions:
Plato viewed that the Nafs (soul) was created before the body and that it includes all of the areas of knowledge. As such if the person happens across a particular reality he recalls what he has in terms of information or knowledge about it and in this way knowledge is attained. In his view it therefore represents a surplus of the active intellect upon the human Nafs (soul) which has been there forever whilst knowledge is attained through recollection. Aristotle opposed Plato’s view and said that the knowledge is attained though human acquisition whilst Al-Faaraabiy tried to bring together the views of both Plato and Aristotle and said that human knowledge is attained by two causative factors: An internal factor which happens by a process of stripping things down completely until the mind is made ready to receive the surplus from the mind and as such the knowledge is provided from the mind which represents the external factor. So the knowledge does not result from the essence of the human being by itself but rather occurs by the surplus (or stored abundance of the mind) or from illumination from the active intellect, which happens upon the reacting mind in the case where the human readiness or propensity exits as a result of the complete stripping. This is
through acquaintance of the sensorial and intellectual powers whilst he categorises the minds or intellects as follows:
The primordial intellect: This is a material that is present in the Nafs (soul) and it possesses the ability of comprehension like that which is present in the intellect of the child. The intellect that is filled with cunning i.e. its power. This refers to the existence of the susceptibility for connecting the primordial material intellect with the active intellect as a starting point for comprehension and understanding. The intellect by (way of) the action: This refers to the human mind or intellect when it becomes capable of distinguishing. The intellect that has benefitted (gained): This is the mind by way of the action when it connects to the active mind. The (all) capable mind: It is the Aql which is continuously connected to the active intellect.
As for Ibn Sinaa, he did not differ with Al-Faaraabi much in this issue and proceeded upon the same classification. So he differentiated between the matters which are perceived (and comprehended) by the senses and those which are perceived by the mind just as he differentiated between the external forces of comprehension and the internal forces. In respect to the live process of comprehension he says that it begins from the five senses so that a shared (overall) sensation is obtained, this shared sensation transfer to the five internal senses and this represents the imagined force that transfers this shared sensation to the power of conjecture which then in turn transfers it to the keeping power which assumes the responsibility of transferring it to the imaginative power and then is finally transferred to the mind when it is required to connect to the active intellect or mind where the comprehension takes place. He therefore defines the Ma’rifah (knowledge/understanding) as being the transferral of the partial sensation to the comprehensive reason. It is therefore not recollection like Plato has said and it is not merely stripping away everything like Aristotle said but rather it represents for him a human stripping and a divine illumination whilst there exists a selective pure number of people who attain the knowledge by way of divinely inspired revelation (Wahiy) and inspiration (Ilhaam) and these are the Prophets and the Philosophers just as there are those who say that it is all light which Allah flings into the hearts.
The Communists came saying that the Fikr (thought) is the reflection of matter upon the brain and as such the reality becomes the source of the thinking and knowledge (understanding) arises from the continuously evolving reality which leads to the renewal of areas of knowledge in accordance to and in line with the evolution of the matter.
In this way, this area of study, relating to the attainment of knowledge, preoccupied the majority of thinkers and philosophers and this is despite as we have mentioned being a sensed reality which the human is able to place his finger upon. In spite of that,there are still all of these contradictions, disparity and difference in respect to defining the way that Ma’rifah (knowledge) is attained i.e. the Fikr (thought).
As for us and our judgement upon this sensed reality then we say: That the ‘Aql or Fikr or acquisition of Ma’rifah (knowledge/understanding) or Idraak (comprehension), all of which mean the same thing, occurs by way of four (essential) components whilst this comprehension would not take place if any one of these four components was missing or not functioning.
These are:
1) An externally sensed reality or visualisation (or conception) of a sensed external reality. 2) A sense that is viable to transfer this sensation to the brain. 3) A sound fully developed brain that has the capability to connect. 4) Previous information that explains the reality which a judgment is intended to be passed upon and the information could be attained after witnessing the reality.
Therefore the brain performs the function of connecting the information explaining the reality with the sensed reality and built upon that it issues its judgment upon that thing or matter. This means that the process of comprehension is the connecting of information with the reality or the reality with the information followed by the issuing of the Hukm (judgement). In accordance to the level of the understanding of the reality and his depth in that in additional to his understanding of the explanative information for it the judgement would be correct and the comprehension would be sound. If however there existed faults in the information or faults in relation to the understanding of the reality or if the sense had been tricked or deceived in respect to the reality then in this case the judgment would be incorrect. In order for the judgement (Hukm) to be crystallized and clear it is necessary for there to be a Qaa’idah (principle) or host of Qawaa’id (principles) which are taken as measures (criteria) by which the information is measured at the time of the connection just as the reality will be measured by them or it (principle/s). The adoption of these principles is what makes the thinking and the comprehension proceed upon a single pattern and consistent method. In accordance to the level of the correctness of these principles which have been adopted as criteria and measures the judgment will be correct. For this reason it is essential for these measures (Maqaayees) to be definite (Qat’iyah) and given truths (facts) or established by certain information in regards to which no two people can differ. This is like the fact that two is greater than one or that bringing together two opposites is impossible and so forth.
This then is the issue of the ‘Aql, Fikr, Idraak (comprehension) or attainment of Ma’rifah (knowledge/understanding) which was the focus of argument, discussion and research amongst the ‘Ulamaa, philosophers and thinkers. As for how the ‘Aql (mind) or the brain undertakes the process of connection then this is a special attribute that Allah Ta’Aalaa has placed within the brain just as He (swt) provided the other parts of the body with particular and different attributes like for example the transformation of food to glucose and then to sugar and fat or like the process of internal combustion that occurs in the cells or like the effect of insulin in the process of burning and the functioning of the heart, kidneys, gall bladder and stomach, amongst many other attributes that have been placed by their creator within them just as special particular attributes have been placed in water and every material form has been provided with Khawaass (special attributes).
/ In the case where this ‘Aql represents the place of the Takleef (legal responsibility and accountability) and through its loss the Takleef is lifted whilst through its inability the Mukallaf (one responsible) is excused, then for this reason it is necessary to take the Fikr (thought) as the only method (or way) for the Da’wah. It (the Fikr) is the only method (or (way) to adopt the intellectual leadership (i.e. the Aqeedah); so it is the way to belief and the way for adopting this Aqeedah as an intellectual leadership to be led by, to carry and lead other by it. Therefore it is obligatory for the Islamic Da’wah to be a Da’wah Fikriyah (intellectual Da’wah) because it addresses the minds of the people and Imaan (belief) in it is a purely intellectual (rational) process. And Allah (swt) has addressed the minds of humankind and demanded from them to think deeply and contemplate in the things that fall under their senses, so that Imaan in Allah Al-Mudabbir can be arrived at as a result of this sensation and thinking.
Allah (swt) said:
)190(
Verily, in the creation of the heavens and the earth and the alternation of the night and the day are signs for those of understanding. Who remember Allah while standing or sitting or (lying) on their sides and give thought to the creation of the heavens and the earth, [saying]: ‘Our Lord, You did not
create this without purpose, exalted are You (above such a matter), then protect us from the Fire (Aali ‘Imraan 190-191).
Having said this, the process of thinking or thought differs and varies in strength and weakness and this is due to the natural or innate disparity in respect to capability of the human being. This refers to the disparity in respect to the strength of the Rabt (connect) among the minds (or intellects) of the people. This is in addition to the disparity in respect to the abilities related to sensation as amongst them there are those who have a heightened sensation whilst others are dull. All of this relates to the innate and natural disparities and there also exists disparity in respect to information and levels of knowledge which are used to explain the reality. This is because no two people are exactly equal in respect to the level of information and knowledge that they have acquired, the effect of which then manifests in respect to the understanding of the reality. This is in addition to the difference and contradiction in respect to the considered principles being utilised like the measures (or criteria) upon which the realities are measured and in respect to the information that is used during the process of linking the reality and the information. The requirement is to comprehend matters, realities and occurrences upon their true natures and this not happen by way of a mere sensation or by casting a superficial look over the reality or occurrence. As such it is necessary to shed an exploratory light upon them where no angle is left in the dark from its angles or some of its parts are ignored. Similarly it is not sufficient to accept any knowledge or information
about the particular reality or occurrence but rather it is essential to explore and investigate the greatest possible amount of knowledge and information about the reality or occurrence. This applies equally whether this reality is of the type that falls under the senses or it is pictured in the mind, and whether this information that explains it is written or acquired or other than that. It is therefore essential to know the basis from which this reality arose, followed by knowing its circumstances and surroundings and then to know what is related to it in terms of externalities or matters that have an effect upon it. All of this information combined therefore is what leads to knowing the true reality of these matters.
Built upon this we see that the Fikr (thought) can either be Sat’hiy (superficial), ‘Ameeq (deep) or Mustaneer (enlightened) whilst obviously it is the Mustaneer (enlightened) that is desired. This is because what is desired is to know the true realities of things and matters so that the human is able to define the meaning of his existence in life and in turn specify the concepts which regulate him in this life and define the concepts about the reality that he wishes to transfer or take the society and Ummah to.
The types of Fikr (thought): Al-Fikr us-Sat’hiy (The superficial or shallow thought): This is the judgement upon the apparent (or face value) aspect of things, realities and occurrences (events) with the simplest of knowledge and information which in most cases is not connected to a specific Qaa’idah (principle) during the process of connection. It therefore represents a superficial or shallow view of a particular reality whilst this view is explained with the simplest of information or knowledge related to the reality without paying attention during the process of connection to any principle, not in terms of the reality or in terms of the explaining information for the particular reality. For this reason the following is dominant in respect to the people who possess this type of thinking: Naivety (gullibility), hesitation, being fooled and deceived in addition to hasty reactions like straw that burns quickly before turning to ash and they dance to the tune of every singer, and this very sadly is what most of the people are upon.
Al-Fikr ul-‘Ameeq (The deep thought): This refers to the examination of the srcins of things and matters, to know its precise details, to comprehend the meanings of the information which explains these things and to attempt to acquire greater and more complete information about them, before passing the judgment upon those things. By examining the srcins of things and matters those utilising this type of thought study their circumstances, conditions and effects, they examine and explore the meanings of the information that explain them and connect this information and its roots just as they connect the things with their principles and measures (criteria). All of this is undertaken before issuing their Hukm (judgement) upon things and matters and attaining the correct results. Despite this they however neglect a very important aspect in their study and examination which is no less important than the
study of the roots of things and knowing their most precise details. This neglect results from the fact that it relates to that which is not a part of the thing itself but rather it relates to that which is related to it. This refers to their neglect in casting sufficient light upon these things in order to know that which relates to them and the reasons for their existence under the consideration that the reason or cause of a thing does not represent the essence of the thing just as the condition of its occurrence is not part of its essence. For this reason their study was deep and the result that they arrived to was deep, meaning that their Fikr was deep (‘Ameeq). However they neglected an important and significant aspect in their study and examination and this aspect is what relates to it in terms of a reason or condition or other than that from those issues which have a relationship to it whilst not being part of its essence.
Al-Fikr ul-Mustaneer (The enlightened thought): This refers to the deep view of matters and bringing to the mind the greatest possible amount of explanative information for the particular reality and to know (understand) the reality with its circumstances, conditions (Ahwaal) and what relates to it in terms of the conditions (Shuroot) and reasons (or causes) that led to its existence. This is in addition to the acquisition of knowledge of the meanings of the explanative information for the matter, its dimensions and knowledge about the source of information in terms of its reliability (truthfulness and trustworthiness) which is then followed by putting all of this to judgment in respect to the reality and the information in respect to the specific principle or principles, and then finally the judgment is issued to arrive at the truthful result and sound thinking which is safe from error.
Example: A young man wanting to get married sees a beautiful young woman and so he goes ahead to engage her. This is shallowness and his behaviour arises from shallow (or superficial) thinking. When on the other hand he enquires about her to know her health, conditions and circumstances like: Is she already engaged? Is she physically sound? Is she fertile? Is she favourably disposed? Where does she reside? Who are her parents? If he was to acquire knowledge of all of this and was then pleased and satisfied with that leading him to decide to engage her (i.e. ask for her marriage), then in this case the thinking employed would have been ‘Ameeq (deep).
If however he was to increase upon that and he asked about her Aqeedah, he Deen, the extent of her adherence to this Aqeedah and Deen, then he would have been enlightened resulting from the utilisation of the enlightened thought (Al-Fikr ul-Mustaneer). Then when he has taken into account these matters which relate to her in accordance to the principles and criteria that he has, he would then decide to go ahead with this matter or to refrain from it.
Example: When a person looks to the existence and sees the universe (all that exists) around him and the life that exists on the earth, and then he does not take note of anything other than that which he wants to gain benefit from in terms of food, drink, security and producing offspring, then in this case this would represent the greatest degree of superficial and shallow triviality.
However if this existence stirred his attention and he sees himself as a part of this existence and then begins to examine this existence, investigating and exploring it to the point where he is able to know the most precise material structures and constructions, and that he just like all materials submit to natural laws and rules which are impossible to sway away from, he witnesses the rotations of these materials in addition to the death of the human and the new birth of another and he sees that he is unable to think unless there exists a reality that can be pictured, he would then issue his judgement built upon these observations in addition to the information that he has acquired to explain them, issuing the judgment that matter is eternal and that it represents the source of his thinking, and in this way he would have been deep (‘Ameeq).
However he neglected a very important aspect and he did not shed light upon the results and conclusions that he arrived at. This means that he did examine that which is related to these matters in their collective or separately because he did not explore and look into the causes of their existence, or in who placed these specific attributes in these things, or who made them all submit to these laws or who regulated them all within this path that they all proceed upon. He neglected all of this and so he was like the person who saw a car going along without a driver whilst not paying any attention or regard to how it was moving but rather and instead he would be focused upon the shape, structure, power and component make-up of the car. He would study its parts and indeed every single part, piece or component from it whilst forgetting or being made to forget about how the car moves and what is causing it to do so. For this reason this would represent a deep study and not an enlightened one because acquiring a precise and detailed knowledge of a car and all of its parts, acquiring knowledge about the battery that moves it, the power of the battery and the voltage that it produces to move the car are no substitute for the knowledge related to the maker who made the electricity of the car proceed in accordance to a specific amount of volts. For this reason it was necessary for this person to look into and examine these laws regulating this existence as a whole, controlling how it proceeds by specific and constant proportions which are external to the essence of things and the human being. This is so that he can then establish the true reality and arrive at a truthful thought. This then mentioned above represents a simplified presentation in order to distinguish between the shallow, deep and enlightened thoughts. /
Al-Qaa’idah Al-Fikriyah (The intellectual basis or principle): We have said that for the purpose of arriving at the crystallisation of the enlightened thought and for the sake of harmonization and accord to exist between the thoughts, that it is essential for there to exist a constant firm principle by which all of the thoughts can be measured. The main problem and greatest issue facing the human being within life is to understand and realise the purpose and meaning of his existence within the life of this world. Indeed he came into this life without his wish and he will leave it against his will and so what then is the meaning of his life within it? And how will he be able to know the meaning of his existence in it if he doesn’t know the source of his existence as a human being (not as an individual) and he doesn’t know the source of this life that he lives in as a living creature? This is in addition to not knowing the source of the inanimate material from which his body is made? This is because he is a material like any part of the parts of the matter that makes up this existence. He also possesses a vital energy (Taaqah Hayawiyah) like other existing living
creature around him whilst he is distinguished from others by his intellectual power which enabled him to comprehend and perceive the things surrounding him. It is for this reason that he must take a deep and enlightened look towards the universe (i.e. creation), the life and the human being just as he must take a deep and enlightened look towards the human being and his actions so that he can comprehend the judgements (Ahkaam) that are built upon these actions. This is because it is necessary for man to know the meaning of his existence in this life so that he can then regulate and conduct his actions towards a goal and objective which he has specified (the meaning of his existence in life). This is so that he can make it an intellectual basis from which his thoughts emanate and upon which they are built.
The look towards the universe (creation), the human and the life: The deep look towards the human, the universe and the life makes certain questions which call for answers inevitable. So it makes inevitable the first question about the sensed existing things which this deep view falls upon and this question is: Are these sensed existing things eternal? I.e. they don’t have a beginning. Or are they created by a creator? Then if they are not eternal then what existed before them? And as long as they have a beginning then they must have an end so what is there after them? Do they have a relationship with what existed before them? Indeed how can this deep look not bring about this question whilst we see that the person came into this existence without being consulted by anyone and will leave it against his will and as such is it not the least that we can do to think about this period of time and how we should spend it?
It is not possible for us to know this (i.e. what we should do in this life) unless we have first answered the above mentioned question. This is because it is the basis and nothing comes before it and the answer to it represents solving the fundamental problem that the human being faces. The answer to this question is what defines for the human the purpose (and objective) of this time period (that he lives). I would now like to present an example that I believe demonstrates this closely: The student who enrols in university must know the subject that he wants to study in addition to the curriculum that has been set for the years of his study and he must know to the lecture times, times of the examinations and set books amongst other matters which he must know and the days that he is required to complete and fulfil tasks and other matters. This is all so that he can realise and accomplish the goal and objective for the sake of which he joined the university and so that he can achieve the certification which will enable him to move on. He could either move on happily holding a successful certification or he could lose out and be tied to failure and feeling let down.
Allah (swt) said:
And so whoever is drawn away from the fire and admitted into Jannah has succeeded and the life of this world is not except the enjoyment of deception (Aali ‘Imraan 185).
We have stated that the deep thought will lead the one using it to study the sensed matters, their fundamentals, branches and laws whilst continuing until the very small part of what he is studying has been examined. For this reason some aspects will remain in the dark as when the deep look is applied to this universe and man it will inevitably lead to its smallest parts. This could lead to the same conclusions as those reached by the communists or close to what they have arrived at. This thought would not then meet the answer for the question that has been presented and the question which every human must pose to himself. It is possible for this thinking to reach the conclusion that this existence is not Azaliy (eternal) in the case where it is easy to comprehend that matter is not eternal however what concern does the deep thinking have for that which lies behind the matter as it only concerns itself with a deep examination whilst this is not sufficient. This is because if for example we were to enter our own home and then found a cigarettes still burning or a cup of tea that was still hot then it is definitely given that this matter (in itself) would not agitate our main concern. Rather we would automatically go beyond the scene that we have witnessed to arrive at the definite conclusion that there had been somebody inside the house only a short time before that and had left these traces behind.
As such we would enquire about who had been in the house and ask the people of the household about who had been there whilst this does not reflect a deep examination in respect to the things. Rather the thinking has gone beyond the things to that which is related to them i.e. it means throwing light over that which is unclear to uncover and disclose it. For this reason the deep enlightened look is necessary and this is the look (or examination) that does not stop at the point of knowing the parts (and details) of things but rather extends to encompass the knowledge of its circumstances, conditions and all that relates to it until the answer is complete from all of its sides and aspects.
The deep enlightened view and the Islamic Aqeedah: The deep enlightened view (examination) towards the Kawn (universe i.e. all that exists), the human and the life inevitably leaves to the Islamic Aqeedah. This is because it does not suffice itself to the examination of the fundamentals of the sensory existing things that are in front of them but rather extends to examining their circumstances and conditions. As such this view found that everything is limited (Mahdood) and that every small part of these things is regulated by a precise system and they submit completely to specifically specified proportions. Light is therefore shed upon them in order to come rationally (and intellectually) to the conclusion that they are created by a Creator and that they are made to proceed in accordance to laws and proportions that cannot be escaped from. Then when their conditions and circumstances are examined it is found that the human lives upon this earth which is part of the solar system and then that this solar system is a part of a galaxy that proceeds in a precise way within the wide universe. This look and examination comprehended that the One who brought into existence this human and this life that is upon this earth, this earth and the planets that are connected to it, that the One who created all of it is Waahid Ahad (the One creator) as He is its manager and regulator within a defined system. And through this deep enlightened view it is possible to arrive at what the Siffaat (attributes) of the Khaaliq (creator) obligate, the Siffaat of Uloohiyyah. In addition this view realised that this life has a beginning and as
such has an end which has been specified by the One who brought it into existence. Through applying the same examination toward the human he is found to be connected to this Creator in terms of his feelings towards Him and as such it is necessary for there to be a way through which the formation of the relationship between the human being and his Creator can be accomplished. The human as such has a thirst and craves to acquire knowledge about this relationship in respect to his life in this Dunyaa (world) and longs to know about the hereafter. In the case where the Islamic Aqeedah is established upon this rational study built upon the mind the person engaged in this study would find himself upon the doors of this Aqeedah then he would only have to apply the deep and enlightened view upon the Qur’aan Al-Kareem for his heart to be opened to it and then find the answer to the first question that we indicate earlier. He would then acquire knowledge the Siffaat (attributes) of this Khaaliq (creator) which He has described himself with and will know what there is after the life of the Dunyaa and about the Day of Judgment. He will realise that he will be accounted upon every action that he undertakes and will then study and examine the practical programmes for this life of the Dunyaa so that he does not fall into error and then fall down on the Day of Account before being cast into Jahannam (hellfire). He will arrive through his study to comprehending the methodology that Muhammad (saw) brought and came with and then abide by it and devote himself to that because he is sure about his end and destiny.
)7 (
So whoever does and atom’s weight of good will see it. And whoever does an atoms weight of evil
(bad) will see it (Az-Zalzalah).
In this way we would arrive at the first principle related to the actions of the human being and say:
‘The srcin (srcinal position) in respect to the actions is adherence to the Hukm Ash -Shar’iy’.
Therefore the human does not undertake an action until he knows the Hukm Ash-Shar’iy for this action.
/
The deep enlightened view for life, the universe and the human being in respect to ArRooh, Ar-Roohaaniyah and An-Naahiyah Ar-Roohiyah (the soul, spirituality and the spiritual aspect):
Even if this issue is from the issues that fall under the senses and even if the deep enlightened thought is capable is issuing a definite judgment upon it through an intellectual study or examination, it is nevertheless not the first time that this issue has been looked at and examined. Indeed it has deep roots, the opinion in relation to it has many obscurities and those who examined it had been affected by the opinions of some of the Greek philosophers and the opinions of the Muslim philosophers who had themselves been affected by the Greek philosophies. Similarly they were affected by the Indian philosophies and their opinions related to Zuhd (asceticism) and AtTaqashshuf (austerity) where the body would be punished and denied so that the soul (Rooh) could ascend.
It is not strange for the understanding of this reality being examined to be bad in the case where the matter did not rest upon a pure study alone but rather its study resulted from the ancient philosopher’s studies and from being influenced by their opinions. For this reason their falling into error was only natural. So the view of the ten minds and what is in surplus from the eleventh mind to the human body and the effect of the celestial bodies upon these tests that occur according to their claim (or pretence) were taken as matters of fact whether they were according to Plato, Aristotle, Al-Faarabi or Ibn Seenaa. Even if they attempted to dress these opinions with an Islamic dressing and on some occasions attempted to reconcile between the opinions of the Greeks and what they held of beliefs, they nevertheless made the basis and essence of their study always based upon that which the Greeks had discussed and they proceeded in accordance to the bases and principles which the Greeks had provided and set down. As a result their results and conclusions were similar.
These philosophers have said that the material collaborations and what happens within them in terms of the effect of celestial bodies upon them which makes them ready and prepared to receive the surplus from the active mind (the eleventh mind) from which the growing (or developing) power comes into being and then when these collaborations increase and the effect of the celestial bodies increase upon them so that they become ready to accept what floods it from the active mind to then become an animal power, then when the capacity of the materials increases and the effect of the celestial bodies upon them increases and is able to be this human body so that it is flooded from the active mind (the eleventh mind) to become the human power at which point the human Nafs (soul) comes into being, and this body would then be a prison for this Nafs which craves to ascend to its source and to attach to its srcin that comes from the eleventh mind. The strength of the body means perfecting (or making precise) the craving of this Nafs and preventing it from connecting to its spiritual world whilst the weakness of the body facilitates its contact with the spiritual world.
It is from this and from the Indian philosophy which says something similar in addition to the Soofiy schools this issue came into being accompanied by this (very) faulty understanding. This is despite its subject area is sensed by the individual and he comprehends the purpose of the study and examination which is the connection of this human being or this human Nafs with its spiritual world or Creator. In other words it represented attempts at understanding the effect of the hidden matter in things and the effect of the Creator who brought this human Nafs into existence upon the things and their relationship with Him. The purpose was not to examine the Rooh which is the secret of life however it was mixing (or mixed confusion) in respect to the study and mixing between the
relationship and the human Nafs and the attempt to explain what is called the human Nafs as being the Rooh which is the secret of the life which led to arriving to these conclusions which they arrived at. This study is therefore an old one and the opinion that punishing the human body elevates the Rooh or causes it to ascend is an old opinion. Despite that this view and opinion still exists amongst the people although its practise is restricted to some of the Soufi groups. So its view still remains present amongst the people (in general) and as such it is necessary to examine and address it whilst it is necessary for this examination to be based upon a deep enlightened view of the universe, life and the human in order to arrive to the conclusion which can fill the mind with conviction and the heart with tranquillity.
The deep enlightened view of the life, universe and the human reveals that they are (all) matter. What is intended by the word matter (Maaddah) is the thing that the senses fall upon and as such every sensed thing is matter and this applies equally whether the matter is defined as being anything that occupies space and has a weight or if it represents that which is defined as (visible or hidden) charged energy or any other definition. Therefore every and anything upon which the senses fall is Maaddah (matter). The study here does not relate to the essence of the matter and what it consists of. So we have stated that everything that the senses falls upon is matter and as such when we want to examine the universe, the human being and life we see that it is all matter because our senses (or sensation) has fallen upon it either by sight, by touch or other than that. Our study and examination is not deep alone so as to comprehend the essence of the matter and to acquire knowledge of its post precise details or parts, its conditions, circumstances and the laws that control it which are requirements of the deep examination. But rather our examination towards these is a deep enlightened one which means gaining knowledge of that which relates to them in terms of them having a creator who created them and to answering questions like: Is there a connection between them and the Creator? Is this connection a part of the essence of the matter itself? Does this connection fall under the human senses? Does this matter perceive its connection to the Creator? So does the universe as a whole with all of its parts and every part within it (independently) realise and perceive its relationship with the Creator? Does this include all of the living creatures and every individual within it in respect to them realising that they are a creation of the Creator? Does every human realise and perceive his relationship and connection to this Creator? Or is the process of realisation something that the human undertakes himself? Is it a process which is particular and specific to the human undertaken by an ability and capability that Allah (swt) has bestowed upon him? This is because he is the only thinking living creature that falls under his sensation. He has been entrusted with this process of realisation so he could undertake this process of realisation in order to comprehend and realise his connection to the Creator. He may also not undertake this process and as a result not realise his relationship and connection to the Creator. Yes, indeed the human has been entrusted with thought and he is the only one from all that falls under his sensation entrusted with thinking. The process of comprehension or realisation is the fruit of an intellectual process through which the human comprehends things and matters and distinguishes and differentiates between things and actions and other matters. This then represents the context of our study and examination.
First it is desired to know about the sensed matters; the universe, life and man and whether they are Azaliyah (eternal) or Makhlooqah (created)? Who is it then who wants to acquire this knowledge? Of
course it is the human because the one who investigates now, before and until the Day of Judgment is the human being. The greatest problem he faces is to solve this equation whilst the human arrives to the answer through his Tafkeer (thinking) and Idraak (comprehension). So if through his thinking and comprehension he arrives to the truth (or their true reality) and declares that his study and examination of the sensed things has led him to the realisation that they are all created by a Creator, then the following question must follow that realisation and that is: Is there a relationship or connection between these sensed things and their Creator? It should then be obvious for him to answer his own question with a ‘Yes’ and this is the connection of creation and bringing into being in addition to the system that regulates and controls these sensed things. So it is a continual and permanent connection between them and their Creator. All of this is if his study was positive and he arrived through it to proving that they are not eternal and that they are created by a Creator and as a result he realises the connection between these things and this Creator.
If however the result of his study was negative and declared that these sensed things are matter and that this matter is eternal without anything having come before them where they have been in existence forever and shall remain existing forever, then this human has denied the existence of the Creator and as such as a consequence denied any connection between them and that which existed before them as there was (in their view) nothing before them. The issue then is one of the process of comprehending that the human undertakes in order to know the relationship between the Creator and these sensed things. This is the subject of the study, the subject of the human realising his connection and the connection of things to Allah Ta’Aalaa and this reality is what the terms ‘Rooh’ (spirit) and ‘An-Naahiyah Ar-Roohiyah’ (Spiritual aspect) are used for. It is the subject that we want to make crystal clear with the Muslims with a level of crystallisation that makes the mind comprehend and realise it and its reality. / Let us now look at the following examples:
There are material things that we sense and touch like a loaf (of bread) amongst other things and feelings (Shu’oor) are generated inside us towards them in accordance to our need for them or in accordance to our love or hatred towards them. The kind of feeling generated rests and depends upon the concepts that we hold in respect to these things which are sensed and can be touched. There are also other material things that we sense but do not touch like the service of the doctor. So this is a material matter that we sense but are unable to touch. There are things which are intangible that we sense but cannot touch like thanks, praise, honour, compassion, warmth and passion amongst other realities. There are many matters that we sense but do not touch and at the same time do not comprehend their essence. There are also spiritual things that we sense but are unable to touch them whilst we believe in their existence and presence with certainty (Yaqeen). This is like the fear of Allah Ta’Aalaa, the love of the Messenger of Allah (saw), the holiness of the Qur’aan AlKareem which all exists within the (breasts of the) believers. This is in addition to other matters which the term: ‘Roohiyah’ (spirituality) has been applied to due to its connection to Allah (Ta’Aalaa).
So are these things perceived by sensation part of the human make-up? Or do they come into being due to a cause external from the human composition and his organic make-up? They exist within
some people but not in others. Despite that the human senses them, perceives their reality and the effects of the feelings that come into being as a result of them are perceived. It has no relationship to the strength of his body, his health or his thinness or his weakness in respect to them. They come into being by an external stimulant and they interact with the concepts held by a person so that they generate specific sensations within him in accordance to those concepts and that external stimulant.
This applies to the reality of the Rooh (spirit), Ar-Roohaaniyah (spirituality) and An-Naahiyah ArRoohiyah (the spiritual aspect) and as such it is necessary to substantiate their meanings so that confusion does not occur in respect to them as has happened previously. This is in addition to what has resulted from that in terms of solutions to deal with this issue like their statement that punishing the body causes the Rooh to ascend. As such the issue is the realisation of the effect of the creator Jalla Wa ‘Alaa in respect to things. This realisation is only attained in the person through an intellectual (rational) process through which he arrives to the conclusion that the universe (or all that exists) has been created by a Creator who is Allah (swt). This means that the one who has arrived to this conclusion in his intellectual study has (also) in effect arrived to the connection (or relationship) between this Creator and the universe (all that exists). This means that he would have realised An-Naahiyah Ar-Roohiyah (the spiritual aspect) for the universe i.e. that it has been created by the Creator.
Then when he examines the life in the living creatures and the vital energy (At-Taaqah AlHayyawiyah) within them which distinguishes them from the inanimate things, and when he realises in his intellectual examination that these living creatures and this vital energy present within them are created by the Creator exalted is His Greatness, then this person through his rational study and examination would have perceived and realised the connection between these creations and the Creator who created them. This means that this human being has realised the spiritual side within them in respect to them being created by the Creator. Similarly when he examines the human and that which he is distinguished with in terms of an intellectual power (or ability) that has distinguished him from other living creatures and from the inanimate objects and things and then arrives through this study and examination of his to the conclusion that the human is created by the Creator who is Allah (swt), he would have as a result of this intellectual study arrived at realising the spiritual aspect within the human i.e. that the human is created by the creator.
However it is highly probable that he will make mistakes in these examinations of his and then as a result not reach the same conclusion. This is like the conclusion of the atheists who have concluded that these material existing things are eternal which have transformed through material evolution from one state to another until they reached the state that they are upon now. The likes of this type of examiner or researcher did not therefore arrive to the realisation of the spiritual aspect in these things because he did not arrive to the knowledge of the connection or relationship between these things and the Creator who created them. Rather this person has denied that there is a Creator who created them and instead has said that they are eternal. Does that then take him outside of being a human being?
This process of study or examination which has led to the realisation of the spiritual aspect in things; in the universe, the human and the life, continually pushes the human to think about them. This is
because they fall under his sensation continuously whilst he witnesses frequently, indeed all the time, the greatness of this Creator in every aspect of his examination and in every issue that is presented to him. For that reason we find that Allah (swt) has exhorted the human continuously to apply thought to the signs of Allah and what He Ta’Aalaa has created for the human and the things that He has put under his disposal. This process of thinking as such stimulates the manifestations of reverence, sanctification, submission and fear of Allah within the person. As such his feelings are stirred and his sensations are moved driving him to search for that which is pleasing to Allah Ta’Aalaa. These feelings are the Roohaaniyah (spirituality) and we touch upon this feeling in a clear and manifest way when we enter places that agitate these sensations like if we enter a Masjid, the Bait ul Haraam or the room of the Messenger (saw). They also manifest when lightening or a mountain slide or other extraordinary events. This is in the case where what we witness daily, night after day, and what we see in terms of the mountains, the plains and rivers no longer stimulate our sensations due to our having got used to seeing them. The sensations (and feelings) are not stimulated unless we associate thought to them and then through this thought we extract some of the aspects of greatness in respect to them and their manifestations. In any case these feelings and sensations are what have been called ‘Ar-Roohaaniyyah’ (Spirituality) which is the object of our concern when these matters arise.
It follows that when this spirituality occurs in an individual and he feels the fear of Allah Ta’Aalaa, that he would expend his utmost effort in the way to realise his relationship and connection to Him and towards the action that pleases Him (swt). When the human reacts (or interacts) with these feelings and comprehends his relationship with Allah he would then make his actions proceed based upon this comprehension and realisation. This realisation for the connection of the human himself with Allah is the Rooh and as such I say: ’The realisation that the universe, the life and the human are created by the Creator represents the Naahiyah Ar-Roohiyyah (spiritual aspect) and that the feelings and sensations arising from that realisation like the fear of Allah, feelings of submissiveness, reverence and sanctification represents the Roohaaniyah (spirituality) which relates to the human in the like of those situations. This is whilst the human’s realisation of his relationship (or connection) to Allah (i.e. his realisation that he is an ‘Abd (servant and slave) to Allah (his Mawlaa)) represents the Rooh (spirit). This then is the intended meaning that needs to be fully comprehended (or taken in) and crystallised amongst the people.
So was this conclusion part of the human make-up (and internal to his composition as a human being)? Or was it the outcome of external effecting factors and the result of deep thought undertaken by the human by which he arrived to this conclusion? / In respect to the ambiguity and confusion that has happened then this relates to using the word ‘Rooh’ for the secret of life which relates to a different meaning. This is because the ‘Rooh’ which is the ‘secret of life’ is present within the human and is mentioned in the Qur’aan Al-Kareem:
And they ask you about the Rooh. Say: ‘The Rooh is of the affair of my Lord and man has not been given knowledge except a little’ (Al -Israa’ 85).
Even if it is not possible to know its essence its manifestation is movement and growth and it is present in every living creature whilst its absence means death. No two people differ in regards to its existence whilst all are incapable of comprehending its essence. It represents a different subject of study which is completely different from this study of ours. So when for example we say that this issue is spiritual, or that this is a spiritual value, or that these are spiritual actions, then what is intended in these statements is absolutely not that these actions, issues or values are the secret of life (or related to it). Rather what is intended by them is that they are issues related to the relationship between the servant and his Creator like the ‘Ibaadaat or that they are spiritual values like the reward (Ajr and Thawaab). Similar to that is what we say in respect to non-material issues and non-material values like the moral issues and the moral values, human issues and the human values (i.e. humanitarian). This is because these represent non-material (Ma’nawiy) issues and values which the human senses but is unable to touch. Despite that he is however capable of perceiving them and comprehend their meanings and what they indicate. The same applies in relation to the spiritual issues and spiritual values whilst these spiritual issues and values are wellknown amongst the Muslims and anyone who believes in the existence of Allah. On the other hand nobody has said that was is intended by it is that ‘Rooh’ which is the secret of life or that it is the Taaqqah Hayawiyyah (vital energy) that is present within the living creature.
In summary and in accordance to this meaning the Rooh (spirit), the Roohaaniyyah (spirituality) and the Naahiyah Ar-Roohiyah (spiritual aspect) represent the human’s realisation of his connection with Allah and the emotions and sensations emanating from this realisation (Idraak). As for the spiritual aspect then it is man’s realisation that the Kawn (universe or all of creation) is created by the Creator, that the life is created by the Creator and that the human is created by the Creator. The realisation of this aspect is the spiritual aspect and it does not relate to its essence or make-up. For this reason the spirit and spirituality only come into being within the person who believes in Allah alone and they do not come about and arise within the atheist who denies the existence of Allah. The existence of the spirit and spirituality is tied inevitability to the existence of Imaan whilst the absence of Imaan (belief) (inevitably) means its absence in non-believers. Despite this it is essential for it not to escape the mind that these words (Rooh, Roohaaniyah and An-Naahiyah Ar-Roohiyah) or not words which have a linguistic meaning and they are also not terminological definitions that a group of people have agreed upon. Rather it represents an issue which has a sensed reality and meanings the reality of which can be comprehended irrespective of the names that are attributed to them and whatever the language that is used. This is because what is intended is the meaning that is intended and crystallizing that meaning whilst keeping clear of confusion between it and the linguistic meaning of the meaning of the word ‘Rooh’ which refers to the secret of life, like what has happened and still occurs amongst people. This is so that the human does not stumble around in regards to dealing with this issue and then as a result come to the same conclusion as others have done i.e. that punishing (or depriving) the body causes the Rooh to ascend and that the body is the prison of the Rooh that prevents it from circling high in its spiritual sky or other similar conclusions.
To make this issue clear we say that the word ‘Rooh’ is a ‘Lafzh Mushtarak’ (A word with a number of different meanings) just like the word ‘Ain’ (
) which carries multiple meanings. Indeed there are
many words which carry multiple meanings so in respect to ‘Ain’ then it can be used to mean the ‘eye’ of sight and it can also be utilised to mean ‘spring’, ‘spy’, ‘gold’, ‘silver’ and a member of a council of leaders or influential people, and so on.
Similarly ‘Rooh’ has been mentioned in the Qur’aan Al-Kareem with a number of meanings. So the word ‘Rooh’ has been mentioned with the meaning of the secret of life like in His Qawl (swt):
And they ask you about the Rooh. Say: ‘The Rooh is of the affair of my Lord and man has not been given knowledge except a little’ (Al -Israa’ 85).
It has also been mentioned in the Qur’aan whilst intending the meaning of Jibreel (as):
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It has been brought down with a trustworthy Rooh (Jibreel as). Upon your heart so that you be from those who warn (Ash-Shu’araa 193-194). It also came intending the meaning of the Islamic Sharee’ah:
And thus we have inspired a Rooh from Our command (Ash-Shooraa 52).
All of these above meanings are not the same as the meaning of the ‘Rooh’ that is intended in this study of ours. They are also not the same as the meaning in the expression ‘An-Naahiyah ArRoohiyyah’ (spiritual aspect), or spiritual value, or spiritual action, or the separation of the matter and separate or what is similar to these. This is because the meanings of all of these realities are opposed to the meanings that have been mentioned in the Qur’aan Al-Kareem. Rather what is intended by all of the above is the meaning related to the Creator of the matter. It is from the angle of these things and matters (the universe, the life and the human) all being created by the Creator who is Allah Ta’Aalaa and (then) the human comprehending (and realising) the connection (and relationship) of these things to their Creator.
The deep enlightened view of the human in respect to him being controlled in his conduct or him having choice (in respect to the undertaking of his actions):
We will now cast a deep and enlightened view upon the human being to treat an old problem, the effect of which is still present in the minds of the people and which still has an effect upon their behaviours, conduct and viewpoint in life. This problem is highlighted in the question that is posed above: Is man controlled in his actions or does he have choice? Answering this question is absolutely essential before going on to examine his actions. This is so that the validity of man’s responsibility and his accountability in respect to his behaviour and conduct can be ascertained. It is well known that any court when examining a particular case must first and before anything else examine the person connected to the case. This is to examine whether the person was under pressure from one of the parties or if he was in a state of drunkenness, loss of consciousness or if he had not yet reached the age of Buloogh (maturity). This is all in order to ascertain whether he undertook the action with his own full will power (volition) and whether it was premeditated. These matters and ascertaining them are from the fundamental issues required to ascertain the validity of the person in respect to being held to account and his deserving of reward or punishment. Additionally this precise examining view was required to know when the person is responsible for the actions that come from him or those actions which fall upon him and to know when he is not responsible for the actions that come from him or happen upon him. Regardless of whether this subject of study is named: ‘Is man controlled or does he choose’ or named: ‘Al-Qadaa’ Wal-Qadr’ or ‘Free will’ amongst other titles, the basis of the study revolves around the accountability attached to the action and whether reward or punishment is deserved. This then is the basis of the study.
In the case where the human and his actions represent a reality which is sensed then the deep enlightened view is capable of comprehending the true reality of this human and of determining an intellectual judgment that applies upon this reality completely. That is as we have said because it represents a touched and sensed (Malmoos and Mahsoos) reality which any human can sense and comprehend in a manner that removes all obscurity and ambiguity.
So by examining this human (who is the subject of our study) we find that he has Raghabaat (desires), that he has a will and that he has a choice in practising it in order to satisfy those desires or wants. Therefore actions are undertaken by him to satisfy these wants and desires by way of his full will and choice. There are also other actions that come from him or fall upon him whilst he has no will or choice in respect to them and is unable to prevent or repel them. For this reason the deep enlightened view directs us to the sources of these actions so that we are able to see when he (the person) is responsible and when he is not and as such not held accountable for these actions. By monitoring and observing that we find that the human lives in two spheres; the first dominates him whilst the second he dominates over or is in control of.
To make this clear we say: That in the sphere that dominates over him in which he is unable to repel or prevent the actions that come from him or happen upon him, this falls under two situations or cases: The first relates to his submission to the systems (or laws) of existence and as such he is unable to escape from the systems of existence. This is like his coming into this Dunyaa and his exit from it because he was not consulted before his birth and his coming into this Dunyaa and similarly his opinion is not taken in respect to his death and his leaving from this Dunyaa. He also has no input in how his body develops, his form is defined or the colour of his eyes. The human is not asked or
held account in respect to these actions and what is similar to them and so for instance it is not asked of him why he was born on so and so a date? Or that you died on a certain date? Or why are the colour of your eyes this or that? Or any other question like this because anyone possessing an ‘Aql (mind and intellect) would reject and deny the person’s responsibility in respect to these types of actions. This is one case. As for the second situation or case then this does not relate to the systems of existence whilst at the same time they do not exit from the systems of existence and these are the actions which come from the human or occur upon him against his will (or choice) and he is unable to repel them. This type of action happens a lot and they form part of what we witness and sense occurring on a daily basis. These are like the accidental actions which occur from the human which he is unable to repel, prevent and has no will (or choice) in respect to them. When investigating this human it is investigated whether he had Iraadah (will and choice) in respect to the action or not and was it possible for him to avoid the matter or not? If it is proven that he had no choice or will and that he was unable to repel and prevent what happened then he will not be held to account for that. This is supported and indeed affirmed by that which came in the Hadeeth of the Messenger of Allah (saw) when he said: ‘The mistake (accident), forgetfulness and what has occurred through coercion has been lifted from my Ummah’ and in another Hadeeth: ‘The pen has been lifted from three, the boy until he reached maturity, the sleeping person until he awakes and the one who has lost his mind until it returns’. The examples of this are many and this is what the people have given the name ‘Qadaa Wal-Qadar’. /
Describing the actions with Khair and Sharr (Good and bad):
The actions that are undertaken by choice: In respect to examining the actions that are undertaken by the human (with his will and choice) and by scrutinising precisely their reality in order to know whether they are Khair (good) or Sharr (bad), we can say that a mere examination will not lead to a result if it was restricted to examining the essence of the action itself. This is because the action is only an action and as such is not described as being Khair (good) or Sharr (bad) in itself. It is only an action, whilst describing it as Khair or Sharr is only based upon a matter that is external to it. It is this external matter that specifies and defines that and so the factor that lies behind the action and the Ghaayah (aim) that is sought from the action is that which obliges the description of the action in respect to it being Khair or Sharr.
It is therefore necessary for the examination to also be enlightened in the case where it is not enough for it to be deep alone. This is because it will then be restricted to scrutinising the actions and however much the reality of an action is examined and scrutinised you will not be able to find that which determines whether it is described as being Khair or Sharr. It is therefore essential to be enlightened in order to know the circumstances of this action and what surrounds it and is attached to it. For this reason it is necessary to know the factors that have an effect on the action. This includes the factor that lies behind (the undertaking of) this action and the aim that is being sought and targeted. As such if this factor behind (or reason regulating) the action was Khair (good) and the aim that was hoped for and sought from the action was Khair (good) then the action would be Khair (good) and if these were not Khair then the action would not be Khair (good).
So for example, the killing of a person represents the process of the loss of the person’s Rooh and however much we attempt to examine this action and scrutinize it we cannot see that it represents any more than the process of the killing of the human and his death. However through an enlightened view or examination it is necessary to ask about that which is related to this action i.e. the factor or cause that lies behind (and regulates) the workings of the action in addition to the goal behind the undertaking of the action. So the action of killing could happen as an assault (i.e. murder), as a mistake (accident), as a Hadd (implementation of a prescribed punishment) and it could be in Al-Jihaad, all of which represent the active process of killing and causing the person’s Rooh to be lost. So which of these then is Khair and which is Sharr? This cannot be known and understood unless the factor or reason behind that action, which has regulated it, is known. So when the killing was in response to the command of Allah Subhaanahu Wa Ta’Aalaa like the killing of the enemy in Al-Jihaad then the action would be Khair and if it was the implementation of the Hadd then the action would be Khair whilst if it was an act of aggression or assault (i.e. murder) then the action would be Sharr (bad). So that which dictates its description as being Khair or Sharr is another matter external to the essence of that action (i.e. the mere action itself without any other consideration). This external matter is its conformity to the command of Allah Ta’Aalaa or its opposition to His command.
Similarly lying is an action from amongst the actions of the human and so when this human lies, is his action described as being Khair or Sharr due to the essence of the action or due to another matter that is external to the action itself? This is in the case where the lie represents a statement that is opposed to the reality (i.e. in opposition to what is the truth). The person could lie to his enemies during war, he could lie in an attempt to bring reconciliation between two people or to his wife whilst he could also lie for the amusement of others or in order to take the right of another person or to change (falsify) a testimony. All of these represent presenting a statement that is contrary to the truth or true reality so which of them is considered to be Khair and which is considered to be Sharr?
So here the criteria will be the measure in this case and this is the conformity of the action to the command of Allah Jalla Subhaanahu. So if the action was in agreement to the command of Allah Ta’Aalaa then it was Khair and this is like lying to the enemy in the situation of war or lying to make reconciliation between two people. However if the lying was undertaken for amusement or to falsify a testimony or to lie against the Messenger of Allah (saw) then the action would be Sharr (bad). For this reason the actions undertaken by free well are not described with Khair or Sharr due to their essence but rather it is due to their agreement (and conformity) to the commands of Allah Ta’Aalaa or due to their opposition to His commands. Therefore it is necessary to take note of the aim or the objective of the action itself. The objective or aim must be from that which Allah (swt) has commanded otherwise the goodness (khair) will be negated from it. In relation to this the following was mentioned in a Noble Hadeeth as recorded by Ahmad in his Musnad related by Abu Hurairah (ra) who said: I heard the Messenger of Allah (saw) say: ‘The first of those who will be judged on the
Day of Judgment will be three: A man who was martyred who will be brought to be made to know the favours (and blessings) that he had and he will acknowledge them. Then it was said: ‘What did you do with them?’ He said:‘I fought for your sake until I was killed’. He (swt) will say: ‘You have
lied but rather you fought so that it would be said of you that you are brave and indeed it was
said’. He then issued a command in respect to him and so he was dragged upon his face until he was thrown into the fire. And a man who learnt ‘Ilmknowledge), ( taught it and recited the Qur’aan. So he was broughtto make him aware of his favours (or blessings) and so he acknowledged them. Then he will be asked about what he did with them? So he said: ‘I studied knowledge for your sake and taught it and I recited Qur’aan for your sake’. So He will say: ‘You
have lied but rather you learned knowledge so that it will be said that you are knowledgeable (‘Aalim) and indeed this was said (about you). And you recited the Qur’aan so that it will be said that you are a Qaari’ (reciter) and indeed this was said (about you). So He then issued a command
in respect to him and so he was dragged upon his face until he was thrown into the fire. And a man who Allah had given much provision and had provided him with all the forms of wealth. So he will be brought to be made aware of his blessings and so he will acknowledge them. So He (swt) said: ‘What did you do with them?’ So he said: ‘I did not leave a way of Allah that You loved for wealth to be given except that I gave it for your sake’. So He (swt) said: ‘You lied. Rather you did
all of that so that it would be said (that you are) generous and indeed this was said (about you)’. So He then issued a command in respect to him and so he was dragged upon his face until he was thrown into the fire’.
By examining this noble Hadeeth the extent of the effect of the objective of the action can be seen in respect to the action being described as Khair or Sharr. So here we have three types of action that have been mentioned all of which appear to be Khair (good) and are in agreement with the Hukm Ash-Shar’iy i.e. in agreement and conformity to the commands of Allah (swt) which is the factor that regulates the action. However the actions were seeking different objectives which were not the objective that Allah Subhaanahu explained ad made clear.
So here is the example of an ‘Aalim (Knowledgeable person) who taught the people and recited the Qur’aan. This is in conformity and agreement to the Hukm Ash-Shar’iy however the objective was so that it would be said about him that he is an ‘Aalim and reciter of the Qur’aan. As such the knowledge and recitation was not sincere (or pure) to Allah Ta’Aalaa. Rather it was so that the people praise him and mention him favourably and as a result he was from amongst the first to be punished and dragged upon his face into the fire. Therefore this noble action due to the changing of the aim (intention) became a source of affliction and Sharr (badness) for the one who undertook it. The other one mentioned who said he fought in the way of Allah until he was killed and was brought forth as a Shaheed (martyr). However it then became clear that his fighting and death was not for the sake of raising Allah’s word the highest but was rather undertaken so that it would be said about him that he was brave and courageous. As such the aim became different and with this difference the description by which this action was described became different. The same applied to the one who spent his wealth in every place and cause that Allah loves however he was not seeking the pleasure of Allah alone whilst doing that and only did it so that it would be said that he was generous and open-handed. So he was dragged upon his face and cast into the firs and as such his action was cause of Sharr (bad) and affliction for him despite the outward appearance of it appearing to be good and in spite of its conformity to the Hukm Ash-Shar’iy.
The concluding word in respect to the actions undertaken by free will is that they are not described as being Khair or Sharr due to their essence (i.e. in the absence of external qualifications). Rather
they are only described as being Khair (good) if they are regulated by the Hukm Ash-Shar’iy and if the objective (aim) or goal from them was the pleasure of Allah (swt) whilst they are described as Sharr (bad) if they were not undertaken with the aim of seeking the pleasure of Allah Ta’Aalaa.
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As for the actions which are outside mans will (or control)
As for the actions that fall upon man or come from him outside of his Iraadah (will) which he is unable to repel (or stop), then the human has described them with Khair and Sharr based upon the benefit or harm that he attains from them. However this description is not actually a description of the action in itself but rather a description of that which befalls him from it in terms of benefit or harm. As such his description is not considered to be Haqeeqiy (i.e. a real description of its true reality). Indeed Allah (swt) has described this reality of the human when He said:
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Indeed mankind was created in an anxious state. When he was touched by bad (evil) he was impatient. And when good touches him, he is withholding (of it) (Al- Ma’aarij 19-20).
And He (swt) said:
And verily he is severe in his love of wealth (Al-‘Aadiyaat 8).
This then is a description by which the human describes these actions himself however they do not describe the true reality of the action. None other than Allah (swt) knows the true reality of the action and we have a clear and manifest example of this in that which Allah (swt) has mentioned to us in Soorah Al-Kahf in respect to the story of Moosaa (as) and the righteous servant. This made clear the difference between Moosaa (as) with his human criteria and the righteous servant who was the representative of Allah’s will (swt).
Allah (swt) says:
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He (The righteous servant) said: ‘Verily you will never be able to have patience with me. And how can you be patient upon that which you have not encompassed of knowledge?’ He (Moosaa (as)) said: ‘You will find me inshaa Allah, patient and I will not disobey you in any command’. He said: ‘Then if you are to follow me then don’t ask me about anything until I bring it up with you’. So they departed
until they embarked on a ship which he (the righteous servant) scuttled (made a hole in it). He (Moosaa (as)) said: ‘Did you scuttle the ship so as to drown its people. Indeed you have committed a
dreadful (evil) act’ (Al-Kahf).
So the righteous servant of Allah sabotaged the ship and Moosaa (as) believed this matter was Sharr (bad) and so he said that indeed you have committed something contemptible. Similarly the people of the boat would have viewed that what happened to them was something that was Sharr (bad) whilst they busied themselves with saving themselves from drowning and not knowing that by this simple boring of a hole or act of sabotage the righteous servant had in fact saved their ship from being seized by a king.
And the righteous servant killed a boy and Moosaa (as) believed the same as he believed before whilst he did not know that the death of the boy had removed from his righteous parents a source of Fitnah, tyranny and disbelief. And so these parents would have cried their share of tears due to their loss whilst no knowing that Allah (swt) had prepared for them better than him in terms of purity and closeness to mercy.
As for the third case then it was different to the first two cases because the good in it was apparent. So they built and erected a wall for the people of a village or town who were mean and refused to host them and feed them. Despite that inhospitality they still built the wall and did not ask for a wage. This was whilst Moosaa (as) was unaware that the righteous servant had prevented those mean people from placing their hands upon that which lay under that wall which they had built. This was the treasure (or wealth) of two orphans who were unable to protect it and then after they reached the age of puberty and manhood they would then extract it.
These three events make clear the ignorance of people in respect to evaluating the Khair and Sharr (Good and bad) in respect to actions. This is because the Khair and Sharr are not a part of the action but are rather an extraneous description for a matter external to it. So in the examples above a small financial calamity warded off a great calamity, the calamity of the loss of the boy warded off tyranny and Kufr (disbelief) and brought a generous compensation in the form of that which was better than him in purity and closer in mercy. The third case prevented the people from taking hold of and monopolising the treasure of the orphans. As such they were orphans living amongst mean people and so it was necessary for their property and wealth to be safeguarded and protected. This is a
story from amongst the most amazing stories provided to us so that we do not consider that which befalls us against our will as being Khair or Sharr in accordance to the measure and amount of benefit or harm that happens to us from it. However this does not mean that it is prohibited to describe such an action with these descriptions. Rather what is not permitted is to consider such a description as a description of the true reality (of the action). /
The deep enlightened view of the actions of the human: We are continuing the process of placing down the principles of Nahdah (revival) that the Kutlah must possess and take as bases and measures (criteria). The deep enlightened examination of the universe, man and life brought us to the conclusion that they are not Azaliy (eternal) because all that exists within the universe is limited, needy and subservient to systems and laws that regulate them against their will. That they have a creator who created everything according to a specific proportion and that this represents the basis of the Islamic Aqeedah which made Imaan (belief) in it based upon the ‘Aql (mind or intellect). Its enlightened examination leads to the Imaan in Allah Al-Khaaliq AlMudabbir (The Creator and Sustainer).
Then after that came the deep enlightened examination scrutinising this human being in respect to establishing whether Allah (swt) endowed this purely material body with the ability to desire and the capability to practise this desire? This means: Did He provide him with choice or is he like a feather in the winds? This examination was to determine and know whether the human is liable to accountability in respect to his actions? Or does he proceed like a wave in the ocean or wind in a storm? In which case there would be no issue in respect to what happens in respect to his actions and has no input in respect to what afflicts him or actions that come from him. We came to the conclusion as a result of this scrutinizing examination establishing its true reality and so we explained when he (the human) is responsible and when he is not responsible. His is like the investigation that the Judge undertakes to ascertain if the one accused is responsible for his action or not responsible or not eligible to be held to account. So we discussed how the human describes the actions that occur from him and those that occur upon him. So sometimes he describes them as Khair (good) and other times he describes them as Sharr in accordance to the harm that afflicts him or the benefit that returns back to him and linked to that is the question of when should he undertake an action and when should he abstain from undertaking it? We then made the measure (criteria) for that the restricting of his action to the factor regulating these actions and the aim that is hoped for from (undertaking) it. Now after all of this we need to repeat the deep enlightened examination of the actions from the perspective of them being actions. This is particularly because the people have differed in respect to establishing their true reality in regards to describing them as Husn and Qubh (Prettiness and Ugliness). So are the actions Husn in themselves? Is it the ‘Aql (mind/intellect) which judges that they are Husn or Qubh? Or is it the Shar’a that which decides in respect to them? This then is the subject that we wish to deal with.
Through the enlightened view or examination of the reality of the actions we find that they are material actions and that there is nothing in them apart from matter. They do not hold within them or in their essence any description in respect to Husn or Qubh and this is because they are only
material. However when we examine this sensed reality which is before us precisely we find that the human designates some of these actions as being Hasan (pretty) and some of them as being Qabeeh (ugly). So upon what basis was this judgment based and built upon? Was it due to what they found in them (the actions) or was it due to matters which are external to the actions? As for being due to matters present within the actions then this is contrary to and negated by the reality because by taking a deep examination we do not find in their specificities and sources that which affirms that they carry a description in themselves. So killing, intimate relations, speech, trade and ‘Ibaadah amongst other actions are all material whilst they are not described in themselves with Husn or Qubh. This is because Husn and Qubh are not a sensed reality that is perceived (or comprehended) by the ‘Aql. For this reason an action could be Hasan just as it could be Qabeeh. So for example the killing of a person is Hasan when it is undertaken in accordance to the Shar’a manner i.e. in Al Jihaad, Al-Qisaas, Al-Hadd or in the case of the Murtadd. However it would be a crime and Qabeeh when the killing was unwarranted as an act of aggression or oppression. The same applies to AlJumaa’ (intimate relations) as it would be Hasan when it is undertaken in the place that Allah Ta’Aalaa has made Halaal like the wife and the one possessed by the right hand whilst it would be Qabeeh (ugly) in other than these two circumstances. The same applies to all of the actions because they are described with Husn or Qubh due to a matter external to their essence (i.e. external to the actions themselves). So what then is the direction (or source) that has legitimacy to decide this description? There are four potentialities:
The first is the ‘Aql (mind). The second is the ‘Aql where the Shar’a is a Daleel (evidence) to support it. The third is the Shar’a in the case where the ‘Aql is a Daleel to support it. The fourth is the Shar’a (Islamic legislation).
As for the mind being the Daleel (evidence) for that, then by examining this reality we find that the mind is incapable of establishing (or deciding) this reality because the disparity, contradiction, difference and influence from the environment makes the judgments of the mind disparate, different, contradictory and affected by the reality. When we state disparity then anyone with sight can perceive that the people are disparate in respect to their intellectual capabilities and that this disparity is either due to a natural disparity or one that is accrued. The natural disparity is a very clear matter which every person can touch upon when he compares himself to others and even if the other was his father or brother. The human has no input in respect to this natural disparity. As for the disparity which is accrued and gained then it is well known that the mind requires previous information and numerous areas of knowledge in order to pass judgment upon a particular reality. And it is obvious that people have disparity is respect to what they accrue and gain in terms of this information that they need to pass judgment upon an issue. It then follows that the disparity will lead to disparate judgements being passed for the same single action amongst people where for example Zaid may see something as Hasan (pretty) whilst ‘Amr views it to be Qabeeh (ugly). Each will make the judgement based upon his intellectual capability and his store of information. It is possible for two people to agree and meet in respect to fundamental principles from which they approach an issue and upon which they pass a judgment and yet they will differ in respect to their extraction of the Hukm (judgment) for that issue. It is therefore obvious that their judgments will be different whilst one judgment is what is needed. However in the case where their principles and
criteria which they use for judgment differ then the results and conclusions that they arrive at will inevitably be contradictory whilst what is required is a single Hukm for a single action.
As for the influence and the effect of the environment whether this is in respect to the time or the place then it is well known that the human is affected by his surroundings. So he will have within himself convictions and what he views to be given and accepted facts which he will always take as measures for the actions. These convictions (Qanaa’aat) are considered to be concepts (Mafaaheem) which are deeply rooted and hard to get rid of. So his judgment (on an issue) will be influenced by these convictions and by the difference in the environment in a certain time and place. These convictions would be different and the judgment issued from them would be affected by then whilst what is needed is a single Hukm (judgment) for a single action. So it is not correct or valid to say that Al-Jihaad in the way of Allah is Hasan (pretty/good/right) in a certain time or era from amongst the eras whilst it is Qabeeh (ugly/bad/wrong) in another era or that lying is Hasan in a certain land from amongst the lands whilst it is Qabeeh in another and so on in respect to all actions. As long as the study and examination is about the human and the human actions then it is necessary for the Hukm to be one for the human in every age and in every place. As such it is not valid to leave the mind to ascertain and establish the Husn and Qubh in relation to the actions. In addition Islaam is the Deen that Allah (swt) revealed upon His Messenger (saw) as a Hudaa (guidance) for mankind and for all of the people until the Day of Judgment and as such this means that the Hukm of Islaam upon the action in respect to it being Hasan or Qabeeh is permanent and does not change from one land to another or from one locality to another. Indeed the statement of the Messenger of Allah (saw) is very clear and manifest when he (saw) said: ‘The Halaal of Muhammad is Halaal until the Day of judgement and the Haraam of Muhammad is Haraam until the Day of Judgement’. For this reason it is necessary for the explanation of the action being Hasan or Qabeeh to come from another power which is beyond the mind and as such it is must come from the Shar’a. / As for the second possibility and this is when the ‘Aql (mind) is made the basis and the Shar’a as a Daleel ((supporting) evidence) for it, then this is a Baatil (false/invalid) statement. This is because it means making the mind the basis for the Shar’a and the judge over it. This erroneous mixing arose from the statement that Islaam is established upon the mind or built upon the mind and as such they did not differentiate between the I’tiqaad (belief i.e. Aqeedah) and the Tashree’ (legislation). Indeed it is true that embracing this Deen and believing in it is based and built upon the ‘Aql (mind or intellect) and that the ‘Aql is the only way to arrive at Imaan. So the Imaan in Allah Ta’Aalaa and the Siffaat Al-Uloohiyah (Related to the oneness of Allah) attached to that are built upon the ‘Aql, the Imaan that the Qur’aan Al-Kareem is the Kalaam (speech) of Allah is also built upon the mind and the Imaan in the Prophethood of Muhammad (saw) is built upon the mind. This is because these matters fall under the sensation and the ‘Aql is capable of being convinced in them. However there is a huge difference between the Imaan in the existence of Allah and between knowing that which pleases Allah and angers Him Ta’Aalaa. So for example knowledge related to the existence of a particular person does not mean that you have knowledge of the thoughts that this person holds, what he wants from things or that you know what is inside him. This is because these matters do not fall under the Hiss (sensation) and knowledge of Allah (and his existence) ‘Azza Wa Jalla absolutely does not mean having knowledge of what He wants from us if He has not informed us of that. For this reason it was said that what Allah wants from us He has explained to us and He explains this in
His Kitaab Al-‘Azeez and upon the tongue of Al-Mustafaa (saw). For this reason the submission to everything that has come in the Kitaab and the Sunnah must represent an absolute submission and whether it agrees with the ‘Aql or is contrary to the ‘Aql and whether it is pleasing to his Hawaa (desire) or is displeasing to it.
Allah (swt) says:
But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no resistance from what you have decided and submit in [full, willing] submission (An-Nisaa 65).
As such the role of the ‘Aql is absolute and complete submission to what the Shar’a has brought. This is in addition to what we have already made clear in regards to the falsity and invalidity of the mind being made the judge for passing judgement upon the actions and how by greater reason Baab Awlaa) it would be even more incapable of passing judgment upon the Shar’a.
The third possibility: This is making the Shar’a the judge and the ‘Aql (mind) the Daleel ((supporting) evidence) for it. This is also Baatil (invalid) and that is because the Daleel of the Hukm Ash- har’iy is the Nass (text) and not the mind. So the Hukm Ash-Shar’iy is deduced from the Daleel Ash-Shar’iy i.e. from the Aayah or the Hadeeth. For that reason the Daleel (i.e. the Hukm Shar’iy) must be an Aayah or a Hadeeth or what these two guide to as represented in Ijmaa’ (consensus) and Qiyaas (analogy). There is no place for the mind in this apart from to understand; to understand the Hukm Ash-Shar’iy or to understand the Nass (text) in order to deduce the Hukm Ash-Shar’iy. The mind has no role or place in respect to the Tashree’ (legislation) other than that.
Therefore no possibility exists apart from the fourth which is the Shar’a. So the Shar’a alone is what decides the Husn and the Qubh in respect to the actions. This is because the Shar’a alone is what decides the Thawaab (reward) and the ‘Iqaab (punishment) for these actions. It is the Shar’a that censures the actions or praises them and it alone can determine that.
The difference between describing the actions with Khair and Sharr and describing them with Husn and Qubh These are two completely different studies even though both of them deal with the actions of the human. Both subjects related to areas where many people were confused and unclear and as such it became obligatory to correct that. And even though the issue appears to be a branch one it is in fact fundamental because it represents a fundamental (or basic) look at the action of the human in terms of it being an action. So if the action is described as Khair or Sharr arbitrarily and by the measure of
benefit and harm then this is contrary to the true reality, and if the action was described as Husn or Qubh as a result of making analogy upon things, then this also would represent an incorrect description. It would also represent a danger in the case where there other matters linked to or built upon the likes of these Ahkaam, which decide the Thawaab and ‘Iqaab or decide whether an action is undertaken or abstained from.
We have looked into this in detail and as a result of that we have differentiated between the actions of free will and man’s description of them as being Khair and Sharr, and between the actions which occur without his will whilst he is unable to repel them and man’s description of them being Khair and Sharr. We have explained the true reality of each of these realities and this is that the actions of free will can possibly be described as Khair and Sharr and that is in accordance to an external factor that influences this description. This is its conformity to the Shar’a or its opposition to it, from one angle, and from another angle it is in accordance to the aim that is aimed at from undertaking that action. As for Hukm (judgement) of Khair and Sharr being based and built upon the benefit and harm (of that action) then this is Baatil (false and invalid).
As for those actions that occur outside of his will and he is unable to repel them, then even if it is permitted to provide them with a description, the person must believe (I’tiqaad) that this description he attributes to them does not represent a description of the true reality. This is because he could describe them as being Khair whilst they are in fact Sharr and vice versa.
And when we examined who has the right to issue the Hukm upon actions in regards to them being Hasan or Qabeeh we made clear that the Shar’a alone is what ascertains their true reality just as we explained that the ‘Aql (mind or intellect) is incapable of doing that. However the question that remains in this subject area about the actions is: What is the difference between describing the actions as Khair and Sharr and between describing them as Husn and Qubh whilst it has been established that both of these matters returns back to the Shar’a, and the Shar’a alone??
When the human feels the urge or desire to satisfy a particular hunger and the means of satisfaction is possible i.e. he has concepts in regards to it being capable of satisfying his hunger or need, he will not proceed to undertake the action until he asks himself whether it is permissible for to satisfy this hunger with this means in this time. In answering this he returns to the fundamental causative factor which establishes the permissibility or absence of it, just as he will return to the Ghaayah (aim) in respect to his undertaking of this action. So if he finds that the factor requires or obliges him to undertake the act and that by performing this act in this process of satisfaction he is seeking the pleasure of Allah Ta’Aalaa, then he will proceed to undertake it and consider it to be Khair regardless of the sensed results that could happen and whether a benefit came to him or a harm caught up with him. For example: The person sees a Munkar from his Ameer and he finds that he has the desire to undertake some course of action to change this. So he then proposes to himself the question of whether it is permitted for him to undertake such an action and asks what the aim of that would be. The answer would then be that it is obligatory for him to undertake that on the condition that he is seeking the pleasure of Allah in that. So he proceeds to undertake the act and his action would be Khair regardless of whether the people praised him or condemned him and regardless of whether the Ameer was pleased by that or put him in prison and tortured him. As such
the judgment upon that action in respect to it being Khair was regardless of the harm that he was exposed to and the condition that he arrived at. Here we see that the issue was in relation to establishing whether the action should be undertaken or it should be refrained from whilst the examination was in regards to the measure (or criteria) that must be used in respect to this i.e. the factor and the purpose which refer respectively to the Hukm Ash-Shar’iy and the (sought) aim (AlGhaayah).
However when we look into the issue of Husn and Qubh and the error that the human has fallen in to when he examines this issue in the case where he made analogy upon his examination of things in respect to their attributes. This is when he distinguished between the sweet and bitter (thing), between colours, that which is beautiful and that which is hideous, and then built upon that he thought himself capable of distinguishing between actions so as to then pass judgment upon them in respect to being Husn and Qubh and then arrange the reward and punishment upon those judgements. Due to this the study and examination of this issue was related to establishing who or what had the right and capability (Salaahiyah) to pass judgment upon these actions and then organise or arrange the reward and punishment upon them. This delusion that has afflicted some in respect to the mind or intellect (‘Aql) being capable and possessing the right to pass judgement upon actions has clearly been shown to be false and invalid (Baatil). Nobody should be deceived by the fact that he can distinguish and differentiate between the thorn and the rose or between the sweet and the bitter. That is because these things or matters are Hissiyah (sensed and fall under the senses) and the senses are able to transmit the sensation to the brain which then passes the judgement upon it in terms of being sweet or bitter for example or that it is beautiful or hideous. That is because these matters are part of the essence of these things or an attribute from amongst their attributes. As for the Husn and the Qubh then these are not from the essence or attributes of a matter or an inherent part of them and on top of that it is Allah (swt) who has the Salaahiyah (right) to arrange the rewards and punishment upon them. Based upon this the evaluation of the punishments upon actions comes from Allah Ta’Aalaa and so when He places the Hudood like the whipping of the Zaani and the cutting off of the hand of the thief amongst others, then it is the Shar’a alone that specifies that the act of Zinaa (adultery/fornication) is Qabeeh and it is the Shar’a alone that decides the specific Hadd (set punishment) for these actions. Likewise in respect to the Jinaayaat it is the Shar’a alone that determines when the killing represents a crime and when its punishment is Diyah (blood money) and it is the Shar’a that determines the Qisaas in respect to inflicted wounds or injuries. This is because it is what determines that these acts are Qabeehah and it is the Shar’a that has made clear all of the Qabeehah actions and set punishments for them and not the ‘Aql (mind).
As such we can notice the difference in the area of study as in the first case (Khair and Sharr) the examination and study is about the Miqyaas (measure and criteria) of the actions i.e. the factor that has influence over it in addition to the Ghaayah (aim) sought from undertaking it. This is whilst the second area of examination (Husn and Qubh) relates to the arranging of reward and punishment upon the actions.
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The values (Qiyam) of the actions:
After discussing the essence of actions, there measures (criteria), the factors regulating them and who is the Haakim (judge) in respect to the Khair and the Sharr or in terms of the Husn and Qubh, after this only one issue remains and this is the values of the actions (Qiyam ul Af’aal). The one who examines the actions of the human will find that we are before to kinds of actions. These are the actions that have purpose (Maqsoodah) and the actions that have no purpose (‘Abath). As for the actions that have no purpose (i.e. pointless idle actions) then they are not the srcin of this study and it is not fit for the human’s actions to be pointless or purposeless although there is no human that does not on some occasions undertake such types of actions.
Indeed it is true that all of the human’s actions arise from the vital energy (Taaqah Hayawiyah) that exists within him and they are what motivate the organic or instinctual drives so that he moves either towards satisfying the organic need or instinctive urge (hunger). Even if some of these actions satisfy an urge from the organic and instinctive urges they could despite that still be named as pointless actions. These could be like the actions that we do for amusement or to kill time whilst waiting for something or something similar to that. Man is not taken to task for this unless he makes most of his life or spends the majority of his time in such pointless actions.
As for the actions that the life of people is established upon, then the one who examines them will find that every action has a Qasd (purpose). This means that when the human is driven by the organic need or instinct to undertake a particular action he allocates for it a specific goal or objective which he works to accomplish or realise from his undertaking of that action. It is the result that he hopes to achieve and this is the Qeemah (value) of the action. This means that every action has a drive or push for it which is either instinctual or organic, that every action has a regulator and that is the Hukm Ash-Shar’iy, that every action has a purpose or objective which is the result that exists from undertaking the action and that every action has a Ghaayah (aim) which is to seek the pleasure of Allah Ta’Aalaa. By examining the aims and purposes (Maqaasid) of the actions and scrutinizing them we find that all of the Maqaasid and objectives in the life of this world do not go outside of falling under one of four.
So the objective (behind the action and which is hoped to be attained from it) can be material or it can be moral, or it can be humanitarian or spiritual. Therefore no rational action that is undertaken falls outside one of these (four) values. The material value is the material objective that the human targets or aims at when he undertakes and action to a financial (property) gain whether this relates to trade, agricultural or industry profit, the wage for undertaking an action or some work, or anything similar to that. It is worth noting that this value has an affecting influence within the life of the people. It represents the backbone or spine of their economic life and their financial well being and prosperity and to meet their essential (basic) needs and supplementary needs rests upon in addition to what the individual is capable of satisfying in terms of his organic and instinctual needs. Through it (i.e. this value) alone the state is capable of caretaking the affairs of the people in the life of this Dunyaa and by it the State is able to undertaking its original fundamental work which is the work of Da’wah and Al-Jihaad. By it alone the State is able to prepare its power and force to strike fear into the enemy which Allah (swt) has made obligatory:
And prepare against them whatever you are able of power and of steeds of war by which you may terrify the enemy of Allah and your enemy (Al-Anfaal 60).
Upon it (i.e. the results of this value) Allah (swt) has obliged the Zakaah; the Zakaah upon money, upon agriculture, crops (fruit), cattle and trade. And upon it He (swt) has obliged the Kharaaj, the ‘Ushr and all of the Ahkaam of properties and the Ahkaam of Nafaqah amongst others.
As for the moral value: This is the objective that the human aims to achieve when undertaking a moral action like truthfulness, loyalty, sympathy, compassion, treating parents well and kindly and loving others. This could also be sought with non-humans like kindness towards animals, being compassionate towards them and caring for them amongst other such matters. So when the human undertakes this action he only intends or aims to achieve the moral value. So when for example he honours the guest he only does that to accomplish the moral value and in this case he would spend from his wealth whether this is large or little as the intended purpose is only to realise the moral value whilst he does not look at it from the perspective of making a profit or loss. Even when undertaking a moral action with a non-human like saving an animal, feeding it or being kind towards it he does that purely intending the moral value alone. He does not look to the profit or loss and he does not envision in these kinds of circumstances any other intended purpose or objective, like if it was thought that he was merely intending to gain praise and commendation from that just as this could be thought when he undertakes moral actions with other people. Treating an animal kindly and compassionately is not undertaken with the hope of attaining some kind of recompense or gratitude.
As for the value of humanity (i.e. humanitarian) then these are the actions which by their nature are to help another human being in that related to the affairs of his life and to safeguard or protect him. This is like saving the drowning person, assisting the one who is troubled, aiding the wounded and helping the weak amongst other actions that are from the humanitarian affairs, the affairs of the human and the preservation of his life. So when he undertakes these types of actions he only undertakes them with the aim and purpose of attaining the humanitarian value. There is a lot of similarity between the moral and humanitarian values in terms of both of them being non-material values and where the results hoped for from undertaking the action is that which the human senses but does not touch upon (physically). To differentiate between them let us examine: If the actions are related to the life of the human and its survival (or preservation and maintenance) then it represents the value of humanity whilst if it relates to the feelings of the human and his emotions it would then be the moral value. There is however no real necessity to differentiate between them but rather it is possible to say about them that they are non-physical (Ma’nawiy) values.
As for the spiritual value then these relate to the actions that are undertaken to attain the reward from Allah (swt) and specifically the actions of worship which are from the relationship between the
individual and his creator, there is no Ilaah (deity) other than Him. These include the actions like the Salaah, the Siyaam, the Zakaah and the Hajj amongst other actions from the acts of worship. This is because the value that is sought and hoped for from the undertaking of these acts is the Thawaab and the Ajr (reward whilst they are not approached or regarded from the angle of profit or loss. So for example, going to Hajj, irrespective of the toils and hardships that the person performing it bears and the amount of money he spends, the goal and intended purpose is (only) the Ajr and the Thawaab (i.e. the rewards from Allah Ta’Aalaa).
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However it is not permitted for it to be absent from the mind that this subject matter differs completely from the study of what drives or regulates all of these actions. This is because all of these actions must be regulated by the Hukm Ash-Shar’iy and restricted to it. So the person for example speaks the truth because Allah (swt) has commanded him with honesty, he saves the drowning person because Allah (swt) has commanded him to save him, he treats the animal kindly because Allah has commanded him to do so and just as he performs the Salaah because Allah (swt) has commanded him to perform it. This study of ours is therefore different from that study. Adherence to the Hukm Ash-Shar’iy when accomplishing the values is a matter that the Muslim is bound by. As for achieving the values in terms of what they are, then a Muslim or non-Muslim could undertake them. So the non-Muslim undertakes material gain and realises or achieves the material value just as he undertakes the moral and humanitarian actions and in doing so achieves the humanitarian and moral values. Therefore the two areas of study differ and their subject areas are completely different. So this is a study in respect to the value i.e. the purpose that is sought from the action whilst the other deals with that which regulates the action and the accomplishment of a particular value. It is possible for a Muslim to achieve these values just as it is possible for the Kaafir to achieve them however the regulator of the Muslim’s actions is the commands of Allah whilst the regulator of the Kaafir’s actions is his desires or the law that he believes in.
Similarly it is also not allowed to be absent from the mind that this study differs from the goal of all goals (in relation to the actions) which is the Ridwaan (pleasure) of Allah Ta’Aalaa. This is because the Qasd (purpose or aim) that is hoped for from the action and the result for which the action was undertaken is not this ultimate goal or objective that is sought from the action which is achieving the Ridwaan (pleasure) of Allah Ta’Aalaa. The goal of all goals for a Muslim is therefore the realisation of the pleasure of Allah and it is the aim that the person seeks in every single action from his actions. This is whether these actions are of those which achieve the moral value or the material, humanitarian and spiritual values. As such he seeks the pleasure of Allah in every one of these actions and so we say that every action has a Qasd (purpose and objective) and this is the Qeemah (value) that is hoped for and that every action has a Ghaayah (wider objective and goal) and that is the pleasure of Allah. This is specific to the Muslim and is continuously realised when the action is regulated by the commands of Allah. Therefore when the human undertakes a trade, agricultural or manufacturing action, his Qasd (purpose and aim) from that is only the realisation of material profit. However when he adheres in this action of his to the commands of Allah and his forbiddances where he does not conduct trade except by that which Allah has permitted for him and he does not undertake farming except by that which Allah has permitted for him and he does not engage in
manufacturing apart from by that which Allah has made permissible for him. When he gives the hired person his wage, when he fulfils his contracts and commitments in accordance to what Allah (swt) has commanded, then in this way he would have realised the pleasure of Allah (swt) even though he was seeking a specific aim and purpose from the action which was profit. As such the difference between the Qasd of the action and the Ghaayah of the action becomes clear and this is because the Ghaayah is continuous in respect to the Muslim and this is the realisation of the pleasure of Allah which is sought irrespective of what is sought from the actions and their objectives (i.e. values).
An issue remains in respect to comparing between these values or giving preference to some over others. The human by his nature differentiates and gives preference over things and this preference is subordinate to the benefit or harm he attains or based on what his senses fall upon and his mind is able to pass judgement upon. So he judges that two is more than one and that the part is smaller than the whole. However when the matters are not similar or do not have something that brings them together then he is unable to differentiate and give preference between them. Despite that in most cases he still insists on differentiating and making such a preference.
Based on this he is able to differentiate preferentially between items of a single value. So he prefers the profit of 100 over the profit of 10 and the productions of 10 tonnes of wheat over five tonnes. This is because these are results that can be sensed and they have a sensed value that the mind can differentiate preferentially between because he knows their reality, their costs and the need of the people for them, amongst other matters... Therefore he has able to differentiate preferentially and this is acceptable in this area. It is however impossible for him to do this with values that are not materially quantifiable based upon the judgment of his mind. This is because he does not know the essence and true realty of these values and this is because, as we have stated, they do not possess a unifier that brings them together or a measure to define them. As such we cannot differentiate preferentially between the moral, humanitarian and spiritual values because there is nothing that brings them together (or connects them) and we do not know their essences. So is it possible for us to differentiate or give preference between honouring a guest, coming to the aid of the injured and praying two Rak’ah? Indeed each of these acts has Ajr (reward) attached to them but which of these has the greatest reward? The Ajr is not set by man so as to enable him to determine that a certain act has more reward than another.
Indeed he is not able to differentiate and give preference in respect to the reward within a single value. So for example are we able to know which is better; the fasting for a day or the performance of two Rak’ah, or making Du’aa and inviting a person to Imaan? Differentiating preferentially in these realities is impossible. This is from one angle and from another: Due to the human’s nature or as a result of concepts that have become concentrated within him, it is possible for one of the tendencies or inclinations to be dominant over him. This could be like the material inclination and tendency or the spiritual one. He may have a very strong survival instinct and one of its manifestations is the love for dominance. As such we may see such a person inclining towards that which will realise for him that tendency. He would attain the material (things) as much as and in whatever way he is capable of whilst this pursuit may completely take him over in accordance to this tendency and inclination. Another could be dominated by the instinct of sanctification and concepts
that he has in terms of asceticism and austerity. This person will isolate himself from material (things), keep away from life’s delights and turn to ‘Ibaadah whilst if he is forced to, he may seek sustenance for his life by way of Sadaqah, good will and begging etc...
For these reasons leaving man to specify these values and differentiate preferentially between them or merely leaving the matter to his tendencies and inclinations is something that would lead to defects and disorder arising in the life of the individual and within the society. Similarly the society in which the thoughts of asceticism and austerity dominate whilst the concepts of keeping distant from the Dunyaa and of Tasaawuf are dominant, then laziness, sluggishness and apathy would be prevalent in this society whilst it would be prohibitive in respect to the pleasures of life and luxury. These are forgetting the Qawl of Allah Ta’Aalaa:
Say, "Who has forbidden the adornment of Allah which He has produced for His servants and the good [lawful] things of provision?" Say, "They are for those who believe during the worldly life [but] exclusively for them on the Day of Resurrection." Thus do We detail the verses for a people who know (Al-Aa’raaf 32).
Or His Qawl (swt):
But seek, through that which Allah has given you, the home of the Hereafter; and [yet], do not forget your share of the world. And do good as Allah has done good to you. And desire not corruption in the land. Indeed, Allah does not like corrupters" (Al-Qasas 77).
This society would therefore be the opposite of the society in which the material inclination and tendency dominates where the people fight and struggle against each other over material gain and the realisation of (material) profit and acquisition of wealth. It is a society which is dominated by greed, coveting and hypocrisy. It is dominated by innovation in the styles and means to pile up wealth and even if this means abandoning all other values or exploiting some of them in order to attain the material value and worldly gain. This is like the one who builds a Masjid and opens the door to donations for it and attains allowances to bring in materials for the building. As a result he collects from the donations enough money for the building of four Masaajid and for huge profits to be attained. It is for this reason that the materialistic society is considered to be a corrupt society in which the tyranny of materialism prevails...
For this reason Islaam has defined and specified these values and has designated the preferential differentiation amongst them at the time of their obligation. So for instance Salaat ul-Jumu’ah is obligatory and it is not allowed to delay it due to reasons of trade however great the deal may be and the amount of profit that can be attained. However at the time of the obligation of Salaat uzhZhuhr which is wider in scope it is permitted to make the deal whatever its size and value and then after that he can perform his Salaah (within its time). When however he sees a person drowning and he is on his way to perform the Jumu’ah prayer which has been called, he finds that two times for (obligatory) actions are occurring at the same time or clashing; the time for saving the drowning person whilst being capable of doing that and the obligation of performing the Jumu’ah prayer which is Fard ‘Ain in respect to him. So which then does he proceed to undertake? He puts the saving of the drowning person before the performance of the Salaah and then he makes Qadaa for the Jumu’ah prayer by praying Zhuhr. This is because it is possible for him to make Qadaa for it whilst the time of the other action is immediate and it is not possible to delay it or make Qadaa for it. And if a person was performing his Salaah and then something happened like a fire starting close to him which would lead to some of his furnishings being burnt, then in this situation the person breaks his Salaah and puts out the fire before returning to his Salaah. In this case it does not represent preferential differentiation between the spiritual value and material one or between the spiritual value and the humanitarian but rather it reflects an observation of the timings for each of the actions and the undertaking of each value in its (right) time. Therefore the best of them is that which is undertaken in its time. However Allah (swt) has determined preferential differentiation in some of the actions and these are not based upon the human mind and his own judgment but are rather based on the command of the Khaaliq (creator) of the Insaan (human being). As such a scale has been provided for some of the values and at the head and forefront of all the values is Imaan in Allah (swt). For that reason it is essential for there to be a precise examination of the scales of values and how Allah (swt) has given preference amongst them.
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Mixing the material with the spirit After this study in relation to the human and his actions in the life of this world, after this clear vision in respect to the reality of the human and the drives for his actions and comprehending that which regulates or directs the actions and the effect or influence of this regulator upon them, comprehending the goal or objective of the action and its influence upon the actions as well, comprehending the value of the action and what is intended to be attained when undertaking the action whilst keeping away from pointlessness and organising and ordering the values in accordance to their time (of performance) and in accordance to how the Shar’a has ordered these values due to man’s inability to differentiate preferentially between them as they have nothing that is shared between them, and after making the (overall) objective of the action attaining the pleasure of Allah Ta’Aalaa in the case where this represents the objective of all objectives which leads to a continuous tranquillity and unrestricted happiness. After this enlightened examination I say anyone possessing a rational mind sees that the human in his organic make-up is material and that the actions that man undertakes are also material and this is in accordance to our definition of the material which is that
it is a sensed reality. Even in terms of what the material has been defined as (by others) whether this is ‘that which occupies space and has a weight’ or ‘charged energy that is apparent or hidden (or visible or not visible)’, whatever the case the human is material and his action is likewise material. When he moves to undertake a particular action he only does that due to the existence of a desire or wanting which is within him which arose from the vital energy in him whilst its motivation is one of his instincts or his body’s organic need. In summary all of the desires or appetites of the human being are either to satisfy an organic urge (hunger) or instinctual urge (hunger). This desire activates in the person due to an internal motivating factor which is the need of the body for it or due to an external motivating factor which agitates one of his instincts or due to his thinking about and visualising an external factor that agitates his instincts. When this desire within him is activated then the first thing that happens is that he searches for that which will satisfy that desire and it is selfevident that he will not undertake this satisfaction except with a thing or matter that he has concepts about in respect to it satisfying what he wants to satisfy. So when hunger is activated in him he does not go to a piece of iron, wood or anything else that he does not hold concepts about in respect to their viability to satisfy his desire or urge. These concepts about things are concepts about the specific attributes of things and so no two people disagree in respect to them whilst the conduct amongst humans is equal or the same in respect to them. The difference that does exist between the people is Fitriy (by their nature) and so one person likes sweet things, another like oily foods whilst another prefers an apple over a lemon and so forth. When the thing that the person has concepts of satisfaction about is attained then an internal connecting (process) between this desire (of his) and the concepts about the things naturally happens. As a result, an inclination towards that thing happens and when this inclination comes into being the influencing factor that regulates the behaviour intervenes which we have spoken about previously. As such he poses to himself the question: Is it permissible for me to satisfy myself from this thing or matter or not? Going ahead or refraining then rests upon the answer to this question. This is because, as we have previously stated, the regulator of the human’s behaviour in life and which arises from the human’s understanding of the meaning of his existence or purpose in life and this refers to the concept (or understanding) about life. In the viewpoint of the Muslim the Hukm Ash-Shar’iy is the regulator of his conduct (or behaviour) in life and this is the realisation of the human of his connection to Allah. The Ahkaam Ash-Shar’iyah are the commands of Allah and his forbiddances that regulate the conduct of the Muslim in life and these emanate from the Aqeedah. So what is significant is that the human and his desires (or wants) and his action(s) are purely material matters. This is whilst the spiritual aspect in them is the realisation of the connection to Allah (swt). So when the Muslim connects his material action with the realisation of his connection or relationship with Allah (swt) (i.e. with the spiritual aspect in respect to this action) then he is merely mixing the material, which is the action of the human, with the spirit, which is the realisation of the connection or relationship with Allah Ta’Aalaa in respect to this action which is regulated by the Hukm Ash-Shar’iy which is the Hukm of Allah in respect to this Mas’alah (issue). As such the action of the Muslim must always be regulated by the Hukm Ash-Shar’iy.
The fundamental principle (Al-Qaa’idah Al-Asaasiyah) in this regard is: ‘The srcin in respect to actions is At-Taqayyud (being restricted or adhering to) the Hukm Ash-Shar’iy’. This is whether this action is major or minor (big or small) and for this reason the philosophy upon which the action of the human is established, meaning the fundamental thought that he bases (or builds) his actions upon, is the mixing of the material with the spirit. This means that he ties (or connects) his action
with the Hukm Ash-Shar’iy which in turn means that he makes all of his action proceed in line with the Hukm Ash-Shar’iy i.e. regulated by them. This thought or principle is constant because it emanates from the Aqeedah.
This is in the case where the Aqeedah, as we have explained, is the comprehensive thought about the universe, the human and life and what is before the life and what is after it and the relationship of it with what is before the life of this world and what is after it. As such the Islamic Aqeedah is the basis for the life as it is the Fikrah (thought) before which there is no thought. It also therefore represents the basis of this philosophy because the Ahkaam Ash-Shar’iyah emanates from it and is deduced from the texts that the Aqeedah has brought. It represents the way that life is envisioned as a voyage or trip to that which comes after it whilst the measure (i.e. criteria) in it is the Halaal and the Haraam. In the case where every human is bound by restricting his actions in his three relationships to it, it also then represents the basis of the systems within the society, the basis of the civilisation which is a manifestation of the sum of the concepts about life whilst all of these matters are built upon a single spiritual basis which is the Aqeedah i.e. the Imaan (belief) in Allah, His Malaa’ikah (angels), His Kutub (books), Rusul (Messengers) and the Day of Judgement. In respect to the Muslim it represents the continual happiness when he is seeking the pleasure of Allah Ta’Aalaa in the case where the happiness has been defined as the continual state of tranquillity.
As its represents the continuous state of tranquillity it cannot possible be realised or accomplished by material means as whenever he satisfies a need new needs will continuously arise requiring satisfaction (i.e. there will be no end to needs requiring satisfaction). If a person has a mountain of gold then he would wish that he had a second mountain. However tranquillity comes about when the servant or slave feels that he has pleased His master in whose hand rests his affair and his fate.
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Dar ul-Islaam and Dar ul-Kufr We have said that the Aqeedah is the intellectual basis or principle (Al-Qaa’idah Al-Fikriyah) upon which all of the thoughts are built and from which all of the Ahkaam Ash-Shar’iyah that treat the human problems in life as an individual or society emanate. As such all of the systems and laws that regulate the life of people and treat their problems whether they are societal, political or economic all emanate from the Islamic Aqeedah. For that reason the implementation of these systems is the measure or criteria in respect to considering the Daar (land) Daar Islaam (A land of Islaam) or Daar Kufr (A land of Kufr). Therefore the land that does not apply the Ahkaam of Islaam and its systems is not considered to be a land of Islaam (Daar Islaam) whilst the land that applies the Ahkaam of Islaam and rules by what Allah (swt) revealed upon His Messenger (saw) is considered a land of Islaam (Daar Islaam) even if the majority of the people living in their land were non-Muslims.
Suleymaan Bin Buraidah related from his father who said:
“That when the Messenger of Allah (saw) appointed anyone as leader of an army or detachment
he would especially exhort him to fear Allah and to be good to the Muslims who were with him. He would say: Fight in the name of Allah and in the way of Allah. Fight against those who disbelieve in Allah. Make a holy war, do not embezzle the spoils; do not break your pledge; and do not mutilate (the dead) bodies; do not kill the children. When you meet your enemies who are polytheists, invite them to three courses of action. If they respond to any one of these, you also accept it and withhold yourself from doing them any harm. I nvite them to (accept) Islam; if they respond to you, accept it from them and desist from fighting against them. Then invite them to migrate from their lands to the land of Muhaajirs and inform them that, if they do so, they shall have all the privileges and obligations of the Muhaaj irs. If they refuse to migrate, tell them that they will have the status of Bedouin Muslims and will be subjected to the Commands of Allah like other Muslims, but they will not get any share from the spoils of war or Fai' except when they actually fight with the Muslims (against the disbelievers). If they refuse to accept Islam, demand from them the Jizyah. If they agree to pay, accept it from them and hold off your hands. If they refuse to pay the tax, seek Allah's help and fight them”
This then is (the reality) of Daar ul-Islaam.
It is an obvious and natural matter for every comprehensive thought about the universe (existence), the human being and life to have a political entity that places its Afkaar (thoughts) and Ahkaam (rulings) in the place of implementation in life. If this was not the case then it would have been a philosophical imaginary thought like Plato’s ‘Republic’ or Farabi’s ‘The virtuous city’ amongst other such philosophical thoughts. As such the objective and purpose of the comprehensive thought (AlFikrah A-Kulliyah) that arises from a deep examination of the universe, the human and life is not for intellectual enjoyment, philosophical research or knowledge that is sought for the sake of knowledge alone. Rather the objective and purpose from it is for the human being to know the meaning (and purpose) of his existence in life so that he can define his path in it built upon this knowledge and so that his behaviour can emanate from this knowledge. And when he proceeds to satisfy his organic or instinctual urges it is the controller for his conduct and the regulator of his behavioural acts. What
emanates from this Fikrah (thought) in terms of concepts and controls makes him proceed towards his goal and objective in life. In the case where these needs are not satisfied by any way other than connecting him to other people or living beings or things it is necessary for this comprehensive thought to make clear the relationship of the human being with other people. It was therefore natural for people to live together in collectives that have agreed upon a specific system that defines their relationships with one another and their relationships with others. It is not possible for these collectives to live except through an agreement upon all that they need in terms of relationships. This is because that which satisfies the needs or requirements of the individual is present amongst others. Additionally what their coming together demands in terms of internal security and external security requires a unified view in respect to the meaning of internal and external security so that this can be realised for them.
For this reason it is natural for this political entity of a particular collective to be described by the character or description of this comprehensive thought (Fikrah Kulliyah) and what it contains in terms of thoughts and solutions in addition to what it has placed down in terms of systems and laws. This is because the human being in his (or reality) as a human does not differ from other human beings. The human must satisfy his organic needs and so every individual from humankind eats, drinks, sleeps and relieves himself. Every human individual also seeks to satisfy his urge of kind (i.e. procreation) and so he loves to have a wife that will satisfy for him some of the manifestations of the survival instinct and he loves to have offspring that safeguards his sovereignty and carries his name. This is just as every human strives for his survival and to safeguard or preserve himself and his properties and so on... The disparity between one individual and another is in respect to the manner that he attempts to satisfy these urges and fulfil his desires. When this collective harmonizes to participate in living together it is necessary for something to bring them together that is present amongst its individuals in respect to the manner of their satisfaction of their desires and needs. That then is the political entity that they choose and what it includes of a constitution and laws that regulate their affairs and organise their systems. For this reason the collection of systems and laws represent that by which an entity is described. As such the political entities differ in accordance to the difference in these systems and laws./ These (human political) entities could decline however in their level through binding themselves with fetters and bonds like what happens in the case of the nationalistic entity or patriotic entity despite this being at odds to the srcinal position where a look at the human dictates that there should be no discrimination, differentiation or racial impact or influence, or that there should be an influence emanating from the nation or the soil. This arises (within entities) due to their inability to solve the nationalistic issue on occasions or the patriotic issue at other times. This is what leads to the plurality of (political) entities amongst those who share a single Aqeedah like what we have seen with capitalism and socialism as both failed to solve the issue of nationalism and the issue of patriotism.
So the socialist world, despite being based on a single Aqeedah and single Fikrah including what emanates from this Aqeedah in terms of systems and Ahkaam, remains fragmented into separate states and entities. It will remain as such as long as its fundamental thought is incapable of filling this hole regardless of its view towards the human in his capacity (or reality) as a human and its international generality or whole (Umamiyah) as they call it. Despite that they acknowledged the national existence and the right of every people to establish a specific entity for itself. Those who
were responsible for this Aqeedah attempted to treat this gap by bringing about a form of union between these peoples as is the case in the Soviet Union or in the form of alliances like what exists between the Soviet Union and the States of the Socialist bloc in Eastern Europe.
If this represents the case of the socialist Aqeedah and the abandoning of its view towards the human in his human capacity (or reality) where he is viewed as being a part of this material existence and the systems that are within it (i.e. nature) then the situation is much worse in this regard in respect to the capitalist world. So in spite of its view towards the human in his reality as a human it has however affirmed the individuality of the human, his independence and freedom and in this way this Aqeedah has approved of the division and fragmentation of the world into small and large entities. The nationalistic thought represents the holy grail in this matter whilst the struggle between nationalisms, clashes of interests and competition over monopolisation represents the basis upon which these entities are established upon. In addition it is natural that this measure of seeking benefit will lead to wars between the states and intense clashes between the individuals of a single people. This applies to the ideological entities which we have seen to have been established upon a comprehensive thought (Fikrah Kulliyah) and upon a specific viewpoint about life. It was natural to characterise and describe these entities by the systems that were applied upon them and so the entity that applies the socialist system is described with socialism whilst the entity that implements capitalist systems is similarly described as being capitalist. The view of both of them towards the world is unified upon this basis and based upon that we find that the world today is split in its view in to two divisions; the socialist world and the capitalist world whilst there is nothing apart from that. Or we could say the socialist and non-socialist (world) or capitalist and non-capitalist and so forth. This applies in the case whether the Aqeedah has adopted a deep rooted role where its rulings and systems have become concepts, criteria and convictions and then customs, norms and traditions have been established upon their basis or if a certain faction or group whether it is small or large has imposed these rulings and systems with the people’s acceptance of that. This is because it does not influence the characterization and the view towards it remains as it is without change. So for example the percentage of communists and socialists who believe in the Aqeedah do not exceed 10% of the Soviet Union whilst the proportion of believers is much lower in other socialist countries. Despite that the characterization and description remains that these countries are socialist. The same applies in respect to the capitalist countries even if the proportion is higher and greater.
There are also countries which are more declined from this level and these are lands which have not adopted a fundamental thought and have not adopted a political Aqeedah whilst systems and rulings have been imposed upon them. Kingdoms have been specified for them and they are homelands which have been imposed. This is like the situation within the Islamic lands. Despite that they are also described by the character of the system that is applied over them even though they have not adopted its Aqeedah or believed in its thought and where customs, traditions and norms have not been formed upon the basis of those Ahkaam (rulings) and systems. From here the reality of differentiation between the entities comes about and their description and characterisation in terms of what is applied upon them in terms of rulings and systems.
The Islamic Aqeedah is a Fikrah Kulliyah (comprehensive thought) about the universe, life and the human and has defined for the human the meaning (and purpose) of his existence within life,
defined the meaning of happiness, treated his problems for him and organised all of his relationships by a precise unique system whether this relates to his relationship with himself or his relationship with others like a family or society and treated the problems of the society between its individuals or their relationship with other societies with Ahkaam (rulings) and systems. It is therefore not influenced or affected by nationalism and it does not rest upon a geographical boundary. Its view towards the human in his reality as a human being remains and its measure amongst mankind remains constant:
Allah (swt) said:
O mankind! We have created you from a male and a female, and made you into nations and tribes, that you may know one another. Verily, the most honourable of you with Allah is the one who has the most Taqwaa from amongst you. Verily, Allah is All-Knowing, All-Aware (Al-Hujuraat 13).
This is the constant measure in respect to how it views the human being and when it addressed the human when it invited him to think and apply thought to arrive to the result of Imaan (belief).
O man! What has made you careless concerning your Lord, the Most Generous? (Al-Infitaar 6).
O man! Verily, you are returning towards your Lord with your deeds and actions (good or bad), a sure returning, so you will meet (i.e. the results of your deeds which you did) (Al-Inshiqaaq 6).
O mankind! A similitude has been coined, so listen to it (carefully): Verily! Those on whom you call besides Allah, cannot create (even) a fly, even though they combine together for the purpose. And if the fly snatched away a thing from them, they would have no power to release it from the fly. So weak are (both) the seeker and the sought (Al-Hajj 73).
And when it addresses those who have embraced its belief and demands from the action it addresses them with:
O you who have believed...
When it addresses those who have believed to make them aware of the meaning of the existence in life and the main work within it, it has stated:
Thus We have made you a Wasat (just) (and the best) nation, that you be witnesses over mankind and the Messenger (Muhammad SAW) be a witness over you (Al-Baqarah 143). As such the (political) entity that is established upon this Aqeedah and organises its relationships with others in accordance to that which emanates from this Aqeedah in terms of its legal rulings and systems then it will similarly be described and characterised by this Aqeedah and as such is named ‘Daar Islaam’ (A land of Islaam) which is a ‘Fiqhi naming’ and this also defines its view towards the rest of the world. Therefore he finds that the world is divided into two Daars, a Daar of Islaam and a Daar which is not of Islaam i.e. Daar Kufr (The homeland of disbelief). This entity that applies the Ahkaam of Islaam and its systems is called Daar Islaam and even if the majority of its people are nonMuslims whilst the entity that does not apply the rulings of Islaam is called a homeland (Daar) of Kufr and even if all of its people are Muslims, which is like the current situation of our Islamic world. The consideration and regard in respect to the description and naming of the entity is given to the application of the systems and Ahkaam. This applies equally whether the entity was responsible over all of the affairs of the Muslims like in the case of the Khilafah or if this entity was an ‘Imaarah (emirate) that does not see within it the capability to assume the responsibility of the Muslims as a whole upon the face of the Dunyaa like the Khilafah can. Both of these are Daar Islaam and that is due to the consideration of the system that is applied and implemented upon it. Suleymaan Bin Buraidah related from his father who said:
“That when the Messenger of Allah(saw) appointed anyone as leader of an army or detachment
he would especially exhort him to fear Allah and to be good to the Muslims who were with him. He would say: Fight in the name of Allah and in the way of Allah. Fight against those who disbelieve in Allah. Make a holy war, do not embezzle the spoils; do not break your pledge; and do not mutilate (the dead) bodies; do not kill the children. When you meet your enemies who are polytheists, invite them to three courses of action. If they respond to any one of these, you also accept it and withhold yourself from doing them any harm. I nvite them to (accept) Islam; if they respond to you, accept it from them and desist from fighting against them. Then invite them to migrate from their lands to the land of Muhaajirs and inform them that, if they do so, they shall have all the privileges and obligations of the Muhaajirs. If they refuse to migrate, tell them that they will have the status of B edouin Muslims and will be subjected to the Commands of Allah like other Muslims, but they will not get any share from the spoils of war or Fai' except when they actually fight with the Muslims (against the disbelievers). If they refuse to accept Islam, demand from them the Jizyah. If they agree to pay, accept it from them and hold off your hands. If they refuse to pay the tax, seek Allah's help and fight them”
Therefore the basis upon which a Daar Islaam is established upon is the Islamic Aqeedah and the system that organises and regulates the relationships of this entity is represented in a host of principles and Ahkaam (rulings) emanating from this Aqeedah. Upon this basis an Islamic Aqliyyah (mentality) is formed within the Ummah in addition to the Islamic Nafsiyyah (disposition) naturally whilst through the concentration and implanting of these Ahkaam a public or general ‘Urf (custom) arises just as the norms and traditions come into being which are representative of the Afkaar (thoughts) and Ahkaam (rulings) that have become deeply rooted and concentrated within the people and then encompassed a wide section of the people. In this situation the application of the Ahkaam and its systems will proceed and take place more through the Taqwaa of Allah than by the power or compelling force of the Sultaan (authority).
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Islaam’s view towards human problems: The view towards the problem differs in accordance to the difference of the angle from which the problem is looked at. This is particularly when we want to partition the problems by considering their subjects. So the problem is looked at as being an economic, political, security or social whilst the subject area of the examination or study amongst the thinkers is the human being. The study
proceeds to treat the problems of the human that result from his attempt to satisfy all of organic and instinctual needs. For this reason the basis of the study is the human and as such it is necessary to look at and examine what are called problems in their consideration as human problems because they result from the human’s attempt to satisfying an urge or hunger of his. It is therefore a purely human problem. The human is eager and covetous in respect to his survival, his procreation, his lineage, his property, wealth, security, his believe and his honour and dignity whilst he strives to secure his food, clothing and housing. This then represents his real problem.
Examining these solutions in their consideration as human treatments and solutions is because they represent the need of the human which exists with another human or within nature. The study then is in respect to how this can be provided to and made available to this human because it is a human problem. As such the issue represents the organising of a relationship from amongst the human relationships. They (needs) are therefore Shar’iah Masaa’il (issues) relating to the actions of the servants. Its solution and treatment is to know the Hukm Ash-Shar’iy related to it. So securing food, clothing and shelter (housing) for every individual is the Hukm Ash-Shar’iy that treats and solves the human problem whilst the solution is not increasing the national revenue or economic development. In the first instance the individual is looked at in his individual capacity in order to solve his problem in life considering the issue as a human problem. In the second instance the problem is viewed as being an economic problem and as a result the incorrect treatment is put down which is to boost wealth and increase production without paying any regard to whether every individual benefited from this or if many of the people remained languishing in hunger or do not have shelter over their heads. The same applies in respect to all of the problems like securing medical assistance, education and security within the society. This is as they are considered to be human problems and not as health, education or security problems. When the human is the subject matter of the concern and study then the issue is then the study of his problems that arise from his natural make-up and how his instincts and organic needs are organised and regulated.
Islam therefore came to treat all of these problems in their consideration as being human problems. This is because the human wishes to know how to organise and regulate his relationships and accomplish or realise his wants and satisfy his hungers. This is particularly because he is entrusted and made responsible to regulate these relationships in accordance to his ‘Aql (mind, intellect) and not by instinctual recollection like animals. For this reason he enquires about the manner that he should proceed upon and as such these problems represent issues which the human confronts and for which a solution is wanted. Islaam has treated these issues by the Ahkaam Ash-Shar’iyah and indeed the Hukm Ash-Shar’iy has been defined in accordance to this as: “The address (Al-Khitaab) of the legislator (Ash-Shaari’) related to the actions of the ‘Ibaad (servants)”. The solutions to these issues are therefore Ahkaam Shar’iyah in accordance to which Allah (swt) has commanded the human to regulate his actions. The treatment for these problems is therefore one single treatment i.e. it is a treatment to the human problem. It is not sub-divided in accordance to its subject matter and so it is not looked at as being an economic problem or social problem or ruling problem. Rather they are treated by the Ahkaam Shar’iyah in their consideration as being human problems and nothing other than that. In this way the difference between looking at it in terms of its subject area and viewing it as a human problem becomes clear. The difference is clearly visible between the science (or knowledge) of the economy and the economic system, and the difference is clearly
apparent between the study about the development of wealth and the economic policy, and the difference between the means and styles and the manner of implementing the systems (the Tareeqah) is apparent. From this the features of the Islamic systems in respect to solving the problems of the human are made clear. It is because they represent Ahkaam Shar’iyah that Islaam has brought to bring mankind out of darkness and into the light and guarantees a comfortable life and tranquillity for them and their children in addition to their security, dignity, society, state and Aqeedah (belief).
The Tareeqah (method) of Islaam in treating (or solving) the problems of the human Allah Ta’Aalaa said in his Kitaab Al-‘Azeez:
To Allah belongs whatever is in the heavens and whatever is in the earth. Whether you show what is within yourselves or conceal it, Allah will bring you to account for it. Then He will forgive whom He wills and punish whom He wills, and Allah is over all things competent (Al-Baqarah 284).
And He (swt) said:
This day I have perfected for you your religion and completed My favour upon you and have approved for you Islam as your Deen (Al- Ma’idah 3).
And He Ta’Aalaa said:
But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission (An- Nisaa’ 65).
And in the Noble Hadeeth it was said: “Are we to be taken to account for what we say”. He (saw) replied: “And will the people be thrown upon their faces and ears in Jahannam (Hellfire) except
that it was the harvest (i.e. as a result) of their tongues?!”. And Allah (swt) said:
Allah does not charge a soul except [with that within] its capacity. It will have [the consequence of] what [good] it has gained, and it will bear [the consequence of] what [evil] it has earned (Al-Baqarah 286).
And He ‘Azza Wa Jalla said:
Every soul is held in ransom for what he has earned (Al- Mudath’thir 38).
This just represents a small selection that makes clear and evident that the human will be held to account for every action that he undertakes in the life of this Dunyaa:
So he who has done an atom's weight of good shall see it. And he who has done an atom's weight of evil shall see it (Az-Zalzalah 7-8).
Therefore it is required of the human to restrict his actions to the confines of the Hukm Ash-Shar’iy whilst it is absolutely not at all permitted to go to judgement or adhere to other than the Hukm AshShar’iy. This represents the only Tareeqah by which Islaam treats the human problems. The detail for this is that the problem is studied in a full and complete manner and is understood in completely. Then a Hukm Shar’iy is sought to be deduced for it from the texts (Nusoos) that are related to it. These are the Nusoos (texts) that are contained in the Qur’aan Al-Kareem and the purified Sunnah or what these two guide to like Al-Ijmaa’ and Al-Qiyaas. These are the Adillah Ash-Shar’iyah AlMu’tabarah (The Shar’iyah evidential sources that are to be considered). As Islaam is the eternal Deen and Muhammad (saw) is the final and seal of the Prophets, then this means that what Muhammad (saw) brought and came with treats all of the problems of the human since the time of the sending of Muhammad (saw) (with the message of Islaam) until the Day of resurrection and judgement. All that is required is to understand the reality of the problem, to understand it well and thoroughly, and to then understand the texts related to this reality in order to deduce or extract
(Istinbaat) the Hukm Ash-Shar’iy for this problem. This is whilst it is absolutely not at all permitted to make the ‘Aql (mind) or Hawaa (desires) the source of judgment for any of these issues. This is in the case where the Qaa’idah Al-Fiqhiyyah (Fiqhiy principle) states: ‘The srcin in respect to the actions is adherence (or confinement) to the Hukm Ash-Shar’iy’. This then is the method of Islaam in respect to treating and solving the problems of the human. /
The Hukm Ash-Shar’iy At-Tawqeefiy and Al-Hukm Ash-Shari’iy Al-Mu’allal: The systems of Islaam which treat and solve the human problems, meaning the host of Ahkaam AshShar’iyah that the person has to adhere to, are Ahkaam or treatments that are extracted (deduced) from the Adillah Ah-Shar’iyah (Sources of evidence) i.e. the Kitaab and the Sunnah, Ijmaa’ and Qiyaas. Through an examination of these Ahkaam we find that they are divided into two sections: A section which is Mu’allal (reasoned) and a section which is Tawqeefiy (not reasoned). The section which is Mu’allal is that in which the Hukm for it is built upon an ‘Illah (reasoning) which is included in a text; either explicitly (Sareeh) or by way of Dalaalah (through implication/implicitly) or it is deduced by way of Istinbaat (deduction) from the text i.e. its ‘Illah is measured by way of analogy upon another ‘Illah that is found in the text. What is meant by an ‘Illah here is that it is the reason for the legislation of the Hukm. In other words it is the thing for the sake of which the Hukm (legal ruling) was legislated and so it is the Sabab (reason) in respect to the Tashree’ (legislation).
As for the Tawqeefiy Hukm then it is the Hukm which has not been built upon an ‘Illah i.e. the Shaari’ (legislator) did not explain a reason for the legislation in regards to that issue (Mas’alah). It means that the Sabab is Mawqoof (resting upon) the ‘Ilm (knowledge) of the One legislating alone in the case where He did not teach us about the cause or reason for the legislation. It is therefore not allowed for us to fabricate in respect to the Shaari’ and say that the reason for the legislation is such and such as He has not informed us. For this reason this type of Ahkaam has been given the name Ahkaam Tawqeefiyyah. By examining the Ahkaam Ash-Shar’iyah we find that the Ahkaam of the ‘Ibaadaat, the Ahkaam of the Akhlaaq, Mat’oomaat (foods) and Malboosaat (clothing) are all Ahkaam Tawqeefiyyah i.e. they are Ahkaam which are not Mu’allalah (reasoned or attached to a reason). Allah (swt) has not explained a reason to us for their legislation and the ‘Illah (reason) for their legislation remains with the Shaari’ Himself.
For that reason it is not permissible to search for an ‘Illah in these meaning that it is not permitted for us to examine why Allah (swt) legislated the Ahkaam of Salaah, the Ahkaam of Zakaah and other Ahkaam from the acts of worship (‘Ibaadaat). Similarly it is not permissible for us to ask why Allah (swt) has prohibited the wearing of silk and gold for men and permitted it for women or to ask why He (swt) made Khamr (alcohol) Haraam but Khall (vinegar) Halaal or why carrion is forbidden but hunting (fishing) is Halaal or why He made truthfulness Fard and lying Haraam whilst making lying Halaal to the wife when it is done to reconcile between them and rectify their affair or to question the reasoning for any Ahkaam which are similar to these i.e. the Ahkaam of the ‘Ibaadaat, Akhlaaq, Mat’oomaat (foods) and Malboosaat (clothing) are Tawqeefiy Ahkaam.
In respect to them there is nothing for us to do except to obey, submit and abide by what Allah (swt) has commanded whilst there is no place for the ‘Aql (mind) to provide an ‘Illah (reason) as that would be a fabrication and lie against Allah Jalla Wa ‘Alaa. The mind has no place in the provision (or legislation) of the Ahkaam and likewise it has no place in respect to providing a reason (‘Illah) for the Ahkaam. The Musharri’ (legislator) is Allah (swt) and He is who explains and makes clear to us what he wants from us and He has concealed from us what he has wished to and by examining what He has explained to us in respect to these Ahkaam (i.e. ‘Ibaadaat, Akhlaaq etc...) we see that He did not explain their ‘Illal (reasoning) neither explicitly or implicitly. It is regretful however that it has become normal for many people to provide reasoning for all of the Ahkam by the measure of benefit due to making the consideration that what Allah (swt) has legislated for us is what is best for us (i.e. as we consider it to be).
Allah (swt) said:
And We have not sent you, [O Muhammad], except as a mercy to the worlds (Al-Anbiyaa’ 107).
And that the ‘Illah (reason) what He (swt) has made Haraam for us is to keep away harm from us.
Allah (swt) said:
Allah intends for you ease and does not intend for you hardship (Al-Baqarah 185).
And the Messenger of Allah (saw) said:
There is no harm and no harming This view of theirs was influenced by the capitalist ideology which rests upon Naf’iyah (benefit) whilst Islaam contrasts completely with that as it is established upon a spiritual basis i.e. the realisation of the connection with Allah whilst regulating the material actions by the commands of Allah and his forbiddances is the mixing of the matter with the Rooh (spirit). This is the basis upon which Islaam is established without any consideration to what this contains in terms of benefit or harm.
Allah (swt) says:
But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission (An- Nisaa’ 65).
And:
It is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair. And whoever disobeys Allah and His Messenger has certainly strayed into clear error (Al-Ahzaab 36).
This is the basis in respect to the Islamic legislation and so there is no place for benefit and harm to be the judge in the legislation of the Ahkaam just as there is no place to be influenced by what the West is attempting to plant in the breasts of the people in terms of establishing its measure and criteria for actions (benefit) within us, wherever we have been influenced intentionally by this or unintentionally. In addition it is not permissible for those (effected) people to attempt to provide the Shar’iyah angle for the direction they have taken or been influenced by. It is therefore necessary to stop at the point and limit that the Shaari’ (legislator) has explained to us. As such, if the legislator has mentioned an ‘Illah, either explicitly or implicitly, we take that because the Wahi has mentioned the ‘Illah or indicated towards it. If however this is not the case then we stop at the limits of the text whilst there is no room or place for rational reasoning to be inserted or to make benefit the basis.
Questions around this: Is the mind capable of distinguishing between the Dhabeehah (slaughtered animal) that has been slaughtered upon other than Allah’s name and the one that has been slaughtered upon Allah’s name, so where does the benefit and harm lie in respect to that?
Why has gold been made Haraam for men whilst it is permitted for women? This is whilst it has made diamonds and jewels which are more valuable than gold permissible?
Why have we been permitted to pray Naafilah before Fajr whilst it has been made Makrooh for us to pray after Fajr? The same applies to Salaat ul-‘Asr?
Why has the Salaatu-s-Subh (i.e. Fajr) been made two Rak’ah whilst ‘Ishaa is four Rak’ah?
Why has Khamrah (wine) been prohibited? In the case where the Messenger of Allah (saw): ‘The Khamrah has been prohibited in (or for) itself’?
And so on!!!
The error and dan ger in respect to searching for the ‘Illah (reasoning) for the ‘Ibaadaat: The ‘Illah is the reason for which the Hukm was legislated and that means that the Hukm remains if the reason for its legislation remains whilst the Hukm goes away if the reason for its legislation goes away. Based upon this they say: ‘The ‘Illah revolves with the Ma’lool (reasoned thing or matter) in presence and absence’. Therefore if an ‘Illah is sought for the Ahkaam of the ‘Ibaadaat the result of that would be that if the ‘Illah was to be absent then the ruling (Hukm) would be absent or disappear along with it. So when they try and attempt to spread amongst the people’s understandings that the ‘Illah of Wudoo’ is cleanliness then the result of that would be that it would not be obligatory upon the person who washes with warm water and soap to make Wudoo’ in accordance to their claim. Likewise if the ‘Illah for the Salaah was exercise then the (duty of) Salaah would fall from the football player or anyone else who undertakes a form of exercise. Or if the ‘Illah for the Salaah was to make a connection with Allah it would be sufficient for a person to sit in a Dhikr gathering or to think about Allah and from this arose what some have called ‘the Imaan by way of the heart’. Also if the ‘Illah of the Saum (fasting) was good health as they have imagined from the Hadeeth of the Messenger (saw) ‘Fasting and being healthy’ then (the duty) of fasting would fall from those who are healthy and strong in respect to their bodies. This is what seeking an ‘Illah for the Ahkaam of the acts of worship (‘Ibaadaat) leads to and these Ahkaam would vanish with the vanishing of their ‘Illal (reasons). The case is however not at all like this as the Ahkaam of Wudoo’, the Ahkaam of Salaah, of Siyaam, Zakaah and Hajj remain continuously and always in place until the Day of Judgment completely as they were brought whilst they are not affected or influenced by benefit or harm with the exception of what the Shaari’ has provided a Rukhsah (exempting permission) for. As for what some have said in respect to denying the Ta’leel (reasoning i.e. ‘Illah) whilst stating that it represents a Hikmah (wisdom), then in respect to this they claim that the Hikmah from the legislation is such and such and so in effect this is not much different to the study related to the ‘Illah. However Al-Baari’ ‘Azza Wa Jalla has mentioned a Hikmah in relation to some of the Ahkaam like in His statement (swt):
Indeed, prayer prohibits immorality and wrongdoing, and the remembrance of Allah is greater. And Allah knows that which you do (Al-‘Ankaboot 45).
And His Qawl Ta’Aalaa in respect to the Hajj:
That they may witness benefits for themselves (Al-Hajj 28).
And in respect to the Zakaah:
But what you give in Zakaah, desiring the countenance of Allah – they are those who will have manifold increase (Ar-Room 39).
Therefore the obligation makes it necessary to stop at the limit of the text whilst it is not permissible for the mind to invent things in respect to Allah. The ‘Aql (mind) is deficient and incapable of comprehending the essence of Allah and as such it is incapable of comprehending His wisdom. For this reason it is not for the human mind to attempt to know the Hikmah from the legislation unless the text has mentioned the Hikmah whilst no analogies can be made. That which does not mention a Hikmah in respect to its legislation is not provided with a Hikmah and no rational Hikmah is sought for it at all. This relates to all of the Ahkaam of the ‘Ibaadaat.
The error and danger in respect to searching for the ‘Illah (reasoning) for theAkhlaaq ‘ (morals):
The Akhlaaq are characteristics by which the human is described or characterised and it is a value for which Ahkaam have been provided that explain the virtues and noble acts in addition to their opposites. These are what the person intends and is characterised by when he undertakes his actions or deals or in his interaction and dealings with others. So Islaam aims with its legislation to make the human proceed in the path of perfection and completion so that he reaches the highest level and degree that he can possibly reach. He therefore pays guarded and keen attention to be characterised by the highest attributes and characteristics just as he pays eager attention to maintain them. The good Khuluq (moral) is a value which is realised at the time of its characterisation and the time of undertaking the actions. The good morals are the collection or sum of virtues and praiseworthy qualities that the Shar’a has mentioned in the text and they are not
what the ‘Aql (mind) perceives or views to be a praiseworthy quality or characteristic. Allah (swt) has commanded that the Muslim be characterised by these characterisations and attributes and they represent a category from amongst the commands and forbiddances. It is necessary for them to be realised within the Muslim so that his acting in accordance to Islaam can be completed and so that he can complete his undertaking of the commands of Allah and staying away from His forbiddances or prohibitions. The person is characterised by the moral attributes as we have said and in his dealings with the people. So the Muslim is characterised by the praiseworthy attributes and qualities and the non-Muslim is also characterised by the praiseworthy attributes in accordance to how he views them. So whoever has made the ‘Aql (mind) that which defines the Husn and the Qubh, the virtue and bad characteristic will be described in accordance to what the mind has reached (in terms of conclusions). As for the Muslim then he views that what the Shar’a has praised and made Hasan is good and virtuous whilst what the Shar’a has censored and made blameworthy is Qabeeh (ugly) and reviled. As such he is characterised with the characteristics and attributes that the Shar’a has praised and judged to be Hasan. It is therefore not permitted for the Muslim to be characterised by the good moral due to the (essence of the) moral itself and he does not adopt it based on the benefit or the praise that is received from the people due to it. Rather he characterises himself with these morals because Allah (swt) has commanded him to be whether there is a benefit or harm attached to being characterised by them or whether the people praise him for them or censure and denounce him.
The Muslim does not characterise himself with the Khuluq due to the essence of the moral (or for the sake of the moral itself) We have previously explained in the subject area of Al-Husn and Al-Qubh that the Husn is what the Shar’a has states to be Husn and that the Qubh is what the Shar’a has made Qubh. We have also stated that the ‘Aql (mind or intellect) is deficient and incapable of judging actions and describing them a Husn or Qubh. That is because this description is not a part of the essence of the action of the action or thing so as to enable the mind to describe it because it differs from the sourness of aloe, the sweetness of sugar, the beauty of a flower and the putridity of the carcass for example. Rather it is only a description due to other considerations which are external to the essence of the thing or the action. So the killing of a person that Allah has prohibited is a crime whilst killing the Kaafir in battle is a virtue just as the killing of the married Zaani (adulterer) is virtuous and this is despite all of these acts representing the killing of a human soul. So the description is not due to the essence of the action but rather only due to other considerations that are external to it. The coming together of a man and a woman for Zinaa is a crime whilst the coming together in marriage is a virtue. Lying in normal regular life is a crime whilst lying to mend and rectify a relationship (i.e. between husband and wife) is a virtue. So in this way we find that the description of actions as being Husn or Qubh is not due to the essence of the action but rather only due to other considerations external to the action and for that reason it is not possible for the ‘Aql (mind) to pass judgment upon it due to its essence. And as the Muslim is bound to adhering to the Hukm Ash-Shar’iy then he is bound and obliged to undertake these actions because they are Ahkaam Shar’iyah and to be characterised by these characteristics (or qualities/attributes) because the Shar’a is what has explained that they are praiseworthy
attributes to be characterised by. Undertaking the actions based upon what the ‘Aql (mind) sees to be Husn or what conforms to his desires and even if it is in agreement with the Shar’a or what the Shar’a has commanded, would be considered to be a sin and in contravention to Islam and it is not permissible for the Muslim to conduct in accordance to that basis.
This is from one angle and from a second angle the judgment of the mind (‘Aql) upon things and actions varies amongst people due to the disparity and contrast in their (vital) energies and character natures. This is because, as we have said, that these descriptions by which things and actions are described are not a part of the action of thing itself but rather are due to external circumstances. Therefore the natural character disposition that is present within the person has the greatest influence and impact in respect to the description of a thing or an act. As such the person will describe an action to be Husn whilst his description is wrong and the opposite (to what it should be) and this as the action must have the same description amongst all of the people. For this reason it is not permissible to be characterised by a description or to undertake an action due to the essence of the description or the essence of the action so that man does not fall into contradictions. This is because he will be characterised with a bad quality whilst he thinks that it is Hasan (good) or he undertakes an action believing that it is Hasan whilst it is in fact bad. For this reason we say that it is not permissible for the Muslim to be characterised by morals for the sake of the morals but rather he must be characterised by them because Allah (swt) has commanded it.
The Muslim is not characterised by Morals due to what they contain in terms of benefit
The good Akhlaaq and the praiseworthy qualities have not been legislated for the purpose of benefit nor has benefit been intended from the good Ahklaaq and it is not permitted for this to be intended otherwise it would corrupt them and it will make them revolve around it where they manifest whenever the benefit manifests. This is the reality of many of the people as there are those who adorn themselves with the good morals due to the benefit that lies within them. This is like being praised by the people for example or for it to become spread about him that he is trustworthy and honest and so people go to him to buy his goods or to deal with him due to the noble qualities that have been spread about him such as truthfulness and trustworthiness amongst other attributes that draws the hearts of the people close to him and then towards his goods and merchandise rushing to his shop. This can also apply to those who give Sadaqah to the poor or the preachers Khateebs and ‘Ulamaa or those seeking valour or fame when fighting the enemy. These are those who seek the praise and commendation of the people and these are the first who will be punished from the Ummah. Therefore be characterised by the good morals due to what they bring in terms of benefit will only draw the one doing that into a circle of hypocrisy and as a result he will be cast into hell disgraced and expelled. Ahmad Bin Hanbal mentioned in his Musnad from Abi Hurairah (ra) that he said: I heard the Messenger of Allah (saw) say:
“The first of those to be j udged on the Day of Judgment will be three. A man who was martyred, who was brought, made aware of his blessings and then He said: ’What did you do in respect to them?’ (i.e. the blessings and favours). He said: ‘I fought for Your sake until I was killed’. He (swt) said: ‘You have lied but rather you fought so that it will be said that he was brave and indeed this was said’. He (swt) then made a command in respect to him so that he was dragged upon his face
and thrown into the fire. And a man who learnt knowledge and taught it and r ead (recited) the Qur’aan who was brought (before judgment) and he was made known of his blessings. Then He said: ‘What did you do in respect to them?’ (i.e. how did you act). He said: ‘I learnt for your sake and then taught it and I recited the Qur’aan for your sake’. The He said: ‘You have lied because
you learnt so that it would be said that he is knowledgeable (a scholar) and indeed it was said and you recited the Qur’aan so that it would be said that he is a Qaari’ (reciter) and indeed it was said.
He (swt) then made a command in respect to him so that he was dragged upon his face and thrown into the fire. And there was a man whom Allah had been generous with and had provided him with all types of wealth. So he was brought and made aware of the blessings that he had been provided with. Then He (swt) asked him: ‘What did you do in respect to them?’ He said: ‘I did not leave an avenue that You love for spending except that I spent in it for Your sake’. He (swt) said: ‘You lied but rather you did it so that it would be said that he is generous and indeed this was said (about him)’. He (swt) then made a command in respect to him so that he was dragged upon his
face and thrown into the fire ’. These three pictures are all from the praiseworthy morals however they were not for the sake of Allah but rather for a non-material benefit which was to attain praise from others and as such it became a curse and source of punishment for the one who was characterised by them. Bravery, knowledge and generosity are all really and truly noble praiseworthy morals however when the intention behind them is benefit it led to the one possessing them to be thrown into the fire. Therefore we say that the benefit whether it is a material benefit or non-material one is not what is intended from the Akhlaaq (morals) and that it is not permissible for them to be intended and sought. Making benefit that which is sought after and intended makes the one possessing these characteristics and attributes a hypocrite just as it makes the morals open to being bargained with and for some to be given preference over others. The soundness and corruption of morals and the commitment to them and being characterised by them is established by the Shar’a and it is wrong and dangerous to make benefit the ‘Illah (reasoning) for the Akhlaaq or to give the Akhlaaq any other ‘Illah (reasoning) so that they do not revolve with that ‘Illah so that they manifest when the ‘Illah exists and vanish when the ‘Illah is not present. This is because ‘the ‘Illah (reason) revolves with the Ma’lool (the reasoned thing/matter) in presence and absence’. For this reason it is not
permissible to reason or to search for an ‘Illah. Rather they are taken alone as being Ahkaam Shar’iyah and the person is characterised by them considering them to be commands from Allah (swt).
We conclude by saying that what is intended in respect to the ‘Ibaadaat (acts of worship) is the realisation of the spiritual value just as what is intended in respect to the Akhlaaq is the realisation of the moral value alone. In addition it is not permissible to explain the ‘Ibaadaat and Akhlaaq from the angle of interests and benefits because this type of explanation brings a danger to them both due to the hypocrisy in respect to those undertaking the acts of worship or those characterising themselves with morals. It could also lead to the abandoning of the ‘Ibaadat and Akhlaaq when its interests and benefits are not apparent or don’t manifest.
It is necessary to restrict ourselves when examining these issues to showing that they are Ahkaam Shar’iyah and the commands of Allah (swt) that he has commanded us with and to worship Him by
and that they are characteristics and qualities that He has commanded us to be characterised by in our lives so that we attain His pleasure (swt).
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Al-‘Illah ( ( As long as we have warned about reasoning (Ta’leel) in respect to the Ahkaam of the ‘Ibaadaat and the Ahkaam of the Akhlaaq and as long as we are focused on examining the Ahkaam Ash-Shar’iyah related to the Mu’aamalaat (transactions) between the people, then it is necessary to first take a look at the definition of the ‘Illah. This is in addition to looking at the difference between the ‘Illah Ash-Shar’iyah and the ‘Illah Al-Aqliyyah and explaining that the ‘Illah Ash-Shar’iyah that is given consideration is the ‘Illah that the Wahi (divine revelation) has come with either explicitly (Saraahatan), implicitly (Dalaalatan), through Istinbaat (deduction) or Qiyaas (analogy) and that there is no basis for the Ta’leel (reasoning) that is based on the mind because our Sharee’ah is Wahi (divine revelation). The text (nass) must have been brought by the Wahi and the ‘Illah likewise must have been brought by the Wahi because it represents the reason for the legislation. It is the issue that the Shar’a has come to treat and there is no place or role for the ‘Aql (mind) except to understand the text and to understand the ‘Illah that the text includes within it whilst it has no place to legislate or to provide the reasoning. The ‘Illah having been brought by the Wahi means that it is mentioned within the Qur’aan Al-Kareem, the Sunnah Al-Mutahharah or the Ijmaa’ As-Sahaabah because they are the three sources for the Shar’a.
The definition of the ‘Illah is: ‘The thing/matter which for its sake the Hukm came’ or it is the ‘motive for the Hukm’ i.e. the motive for the legislation and not for undertaking the action or bringing it about. Its reality: It is a Wasf (description) Mufham (to make understand) the ‘Illah. It includes a meaning that is valid to be what was intended by the Shaari’ (legislator) in respect to the legislation of the Hukm. It could come with the Hukm within one single text like the His Qawl (swt):
What Allah gave as booty (Fai') to His Messenger (Muhammad SAW) from the people of the townships, - it is for Allah, His Messenger (Muhammad SAW), the kindred (of Messenger Muhammad SAW), the orphans, Al-Masakeen (the poor), and the wayfarer, in order that it may not become a fortune used by the rich among you. And whatsoever the Messenger (Muhammad SAW) gives you, take it, and whatsoever he forbids you, abstain (from it), and fear Allah. Verily, Allah is Severe in punishment (Al-Hashr 7).
And in His Qawl Ta’Aalaa:
And make ready against them all you can of power, including steeds of war (tanks, planes, missiles, artillery, etc.) to threaten the enemy of Allah and your enemy, and others besides whom, you may not know but whom Allah does know. And whatever you shall spend in the Cause of Allah shall be repaid unto you, and you shall not be treated unjustly (Al-Anfaal 60).
And the statement of the Messenger (saw): ‘The seeking of permission (Isti’dhaan) is only due to sight’
And his statement (saw) when he was asked about the permissibility of selling the Ratb (fresh ripe dates) for Tamr (normal dates):
‘Do the Ratb decrease when they dry?’They said: ‘Yes’. So he said: ‘In that case no’.
So it appears in these examples that there is an ‘Illah within the evidence itself that has been deduced from the Hukm. It is also possible for the Daleel for it (the ‘Illah) to come within another Daleel which is different to the Daleel of the Hukm.
An example of this is found in the Qawl of Allah (swt):
O you who believe (Muslims)! When the call is proclaimed for the Salat (prayer) on the day of Friday (Jumu'ah prayer), come to the remembrance of Allah [Jumu'ah religious talk (Khutbah) and Salat (prayer)] and leave off business (and every other thing), that is better for you if you did but know! (62:9).
The ‘Illah for leaving trade when the call for the prayer of Jumu’ah is made is Ilhaa’ (being distracted) and it has been mentioned in His Qawl (swt):
Men whom neither trade nor sale diverts them from the Remembrance of Allah (with heart and tongue), nor from performing As-Salat (Iqamat-as-Salat), nor from giving the Zakat. They fear a Day when hearts and eyes will be overturned (from the horror of the torment of the Day of Resurrection) (An-Noor 37).
As such the ‘Illah is Al-Ilhaa’ (distraction) whether this was by trade, business or any other matter that would distract or divert the person from the Salaah.
However under all circumstances there must be a Daleel Shar’iy from the Kitaab or the Sunnah for the ‘Illah in order for it to be considered a Shar’iyah ‘Illah in which it becomes a Daleel (evidence) upon what is deduced from it in terms of Ahkaam. As for the way or manner in which it is mentioned or found within the text or collection of texts then as we have mentioned it could come in an explicit manner or implicitly or through deduction (Istinbaat) or through Qiyaas.
As for it coming Saraahatan (explicitly) then it has two types or categories:
The first type: What is being expressed explicitly in the case where the Wasf (description) is the ‘Illah of the Hukm like the statement of the Messenger: “The seeking of permission has only been made due to the sight” and his statement (saw): “I had forbidden you from storing away the sacrificial meats due to travellers”.
The second category: Where one of the letters/prepositions (Huroof) of ‘Ta’leel’ (reasoning) is mentioned like ‘Lam’ , ‘Kay )
( An ) ( and Al-Baa’ ( ). These letters are known amongst the
people of the Arabic language to indicate and establish Ta’leel (reasoning).
Examples include His statement (swt):
[We sent] messengers as bringers of good tidings and warners so that mankind will have no argument against Allah after the messengers. And ever is Allah Exalted in Might and Wise (An- Nisaa’ 165).
So that (Kay)
it will not be a perpetual distribution among the rich from among you (Al-Hashr: 7).
And like his statement (saw) in respect to the preparation of the body:
“Do not cover his head because (Faa’) he will be raised on t he day of resurrection with Talbiayh (upon his lips)”
And his statement (saw)
“Leave them with their wounds because(Faa’) verily they will be gathered on the Day of Judgment
and their jugular veins will flow with blood that is the colour of blood whilst its smell if the fragrance of musk”. And:
“Do not purchase fish in water because (Faa’) verily it is a deception (fraud)”
However the condition in respect to these Huroof (prepositions/letters) is that what they are inserted upon must be a Wasfan Zhaahiran Mufhiman Lit-Ta’leel (meaning an apparent descriptive word open to reasoning). As for the being mentioned as a Dalaalah (indication) then this also divided into two categories and this is what has been called At-Tanbeeh and Al-Iemaa’.
The first category: That the Hukm is dominant over the Wasf Mufhim Mundabit (precise, understanding/indicative description) in the case where it carries a Mafhoom Muwaafaqah (Understanding of conformity) and a Mafhoom Mukhaalafah (opposing or opposite understanding). This is like the Qawl of Allah (swt):
Zakah expenditures are only for the poor and for the needy and for those employed to collect [zakah] and for bringing hearts together [for Islam] and for freeing captives [or slaves] and for those in debt and for the cause of Allah and for the [stranded] traveller - an obligation [imposed] by Allah. And Allah is Knowing and Wise (At-Taubah 60).
So these descriptions are indicative (Mufhimah) for a group of the Muslims upon whom the right of Zakaah has been obliged. Another example is the statement of the Messenger (saw):
The killer does not inherit
This description prohibits the one who has a right from attaining his right from the inheritance and from this Nass (text) the following Qaa’idah Al-Fiqhiyyah (principle) was deduced: ‘Whoever demands a thing before its time is punished by its deprivation’.
The second category: This is when the Ta’leel (reasoning) is necessary from the Madlool (indication) of the Lafzh in its description and this is of five types like the resting of the Hukm upon the description by way of a Faa’ of At-Ta’qeeb and At-Tashbeeb. This is like his statement (saw): “Malakti Nafsaki Fakhtaari” meaning: ‘You have control over yourself so/then choose’ or ‘Idhaa Ishtaraita
Faqul Laa Khalaabah” meaning: ‘If you have purchased so/then say no Khalaabah (trickery?)’. The Shaari’ mentions a description for Ta’leel (reasoning) making the angle of the ‘Illah in it understandable like in the example:
The Judge does not pass j udgment whilst he is angry As for the ‘Illah being found by way of Istinbaat (deduction) from the single text or a number of texts: That is when the Shaari’ has commanded a matter or forbidden a matter in a specific circumstance and then returned back from that (command or forbiddance) due to a change in circumstance. From this it is deduced that the circumstance is the ‘Illah (reasoning) for that matter. This is like his Qawl (statement):
:
The Muslims are partners in three: In water, green pastures and fire This is whilst the Messenger of Allah (saw) was silent over the ownership of specific wells and so it is deduced from that it relates to the attachment of the need of the collective to that thing.
As for the ‘Illah that is taken by way of Qiyaas (analogy) then this is the type of ‘Illah (reason) that has not been mentioned in the Daleel Shar’iy but rather the Daleel Ash-Shar’iy has come with the like of it in the same kind and so the ‘Illah that has no Daleel Shar’iy is analogised upon the ‘Illah that has been mentioned in the text. This is like the speech of the Messenger of Allah (saw):
The Judge does not pass j udgment whilst he is angry
So Ghadab (anger) represents an ‘Illah that had been mentioned in the Nass (text) whilst the angle of reasoning (‘Illiyah) within it is the disturbance or muddling of the thought and instability of the condition. Based on this muddling and disturbance of the thought in addition to the instability of the condition or circumstances is an ‘Illah by which every circumstance or case that leads to that is measured like extreme sadness or grief for example. Examining and looking into the ‘Illah has a great importance, whilst this only represents a glance at the issue, because it is from the bases or foundations that the Mujtahidoon rely upon when deducing the Ahkaam Ash-Shar’iyah for the newly occurring incidents and realities. Its importance is also evident in respect to distinguishing between that which is an opinion or rational Hukm (judgement) and that which the mind (‘Aql) understands from the text and deducing a Hukm. Therefore the Istinbaat (the deduction) of the Hukm Ash-Shar’iy from the Mantooq (expressed or uttered meaning) of the text or from the Mafhoom Al-Muwaafaqah (was is implied and understood in conformity to the understood meaning of the text) or the Mafhoom Al-Mukhaalafah (that which is understood from the opposite of the meaning) or from a deduction made from an ‘Illah that the Wahi (i.e. text) has come with, is all the work of the Mujtahid. It represents then the Hukm of Allah in respect to the Mas’alah (issue) and it is not a Hukm of the mind or rational judgement. After this quick look into the subject of the ‘Illah we will now move on to examining the reasoned Ahkaam Ash-Shari’iyah (i.e. those that are based on an ‘Illah) which are connected to the relationships of the people amongst themselves after having already removed the Ahkaam Ash-Shar’iyah related to the ‘Ibaadaat, the Akhlaaq, foodstuffs and clothing from the scope of reasoning (Ta’leel).
The Ahkaam Ash-Shar’iyah related to the relationship of a hum an with a human Through an investigation of the texts that have come related to this matter and by examining the Ahkaam Ash-Shar’iyah related to the relationship of the human with another human, we find that some of these texts have included an ‘Illah (reason) which is the cause or motive (Baa’ith) for the legislation or that they have pointed and indicated to the cause (Baa’ith) for the legislation. This is whilst others (Shar’iyah rulings) remain stopping at the ‘Ilm (knowledge) of the legislator and He has not informed us for the reason of their legislation. Such a ruling is considered to be Tawqeefiy like the Ahkaam of the ‘Ibaadaat or Akhlaaq.
As such the text containing His Qawl (swt):
So that (Kay)
it will not be a perpetual distribution among the rich from among you (Al-Hashr 7).
This has explained the ‘Illah in respect to distributing the spoils or booty to a certain group at the expense of another. However in respect to the text containing his Qawl Ta’Aalaa:
And Allah has made trade Halaal and made Ribaa Haraam (Al-Baqarah 275).
In this case the prohibition of Ribaa is Tawqeefiy as He (swt) has not explained to us the reason for its prohibition.
Another example is the statement of the Messenger (saw):
“The Isti’dhaan (seeking) permission has only been made for the sake of vision (seeing)”
Here it has explained that the ‘Illah of the Hukm of Al-Ist’idhaan (seeking permission (to enter homes)) is the sight. However in respect to his statement (saw):
“Allah has cursed the eater of Ribaa, its client, its writer (recorder) and its witnesses”
Here it did not explain an ‘Illah and as such the Hukm stops at the legislator (i.e. Tawqeefiy).
From this we observe that the ‘Ilal (plural of ‘Illah) of the Ahkaam are only what the Shar’a has brought and what have been included in the texts. There is no room for ‘Aql (mind/intellect) as we have explained previously to bring reasoning for the Ahkaam but rather the role and task of the mind is to understand the text and to look for the ‘Illah if the text is reasoned with an ‘Illah. Following from that the ‘Illah would then be made the basis of the Hukm and Qiyaas (analogy) would be made upon it. This is what makes the Fiqhi treasure of the Muslims the richest of Fiqhi treasures which depends upon one single basis and that is the Wahi (the divine revelation). In the case where Islaam and its Ahkaam represent the basis upon which man will be held to account in the hereafter, in the case where the Wahi came to an end upon the passing of the Messenger (saw) whilst man must adhere and restrict himself to this methodology throughout the ages until Allah inherits the earth and all that is upon it, and in the case where the needs of the human are many and constantly newly occurring whilst it is required for all that is new to be regulated by the Ahkaam Ash-Shar’iyah, in these cases it was necessary for the Mujtahideen to deduce Ahkaam Shar’iyah from the Nusoos (texts) that cover the needs of the people and makes their actions and relationships be regulated by the Hukm Ash-Shar’iy.
From this point I say: In respect to the relationship of the human with His Creator then nothing new arises (in the course of time) and it is obliged upon the human in every age and in every region to worship Allah (swt) in the way that the Qur’aan and the Sunnah has explained. This is whilst it impossible for there to be any development (evolution) or change in respect to this relationship and as such the Ahkaam of the ‘Ibaadaat are not reasoned. The same applies in respect to the characteristics and attributes that Allah (swt) has chosen for his servants because these are characteristics and qualities which have been specified for the human to be characterised by in every time and every place and as such they are also not reasoned (i.e. they have no ‘Illah). This same also applies to the Mat’oomaat (foodstuffs) and the Malboosaat (clothing/dress).
However the relationship that does have developments and in which new matters arise continuously is the relationship of the human with the human and as such some of the Ahkaam have come with a reasoning so as to be a basis from which Ahkaam can be extracted and deduced to treat and solve the problems humans face within the life. As such we find that the legislative texts have come with Ahkaam ‘Aammah (General rulings), Qawaa’id Usooliyah (Usuli principles) and ‘Ilal Shar’iyah (Shar’iyah reasons) that make this legislation stand (and remain valid and applicable) until the Day of Judgement. They provide within them the capability to treat and solve all of the problems arising from the developing and newly occurring human relationships. So when Islaam treated a general problem like that which was mentioned in the speech of the Messenger (saw):
“The people are partners in three: the water, the pastures and the fire”
And then it made the ‘Illah in respect to that attached to the need of the collective for those things. At that time the problem was limited and restricted to the creeks (little streams), ponds (small lakes) and water outlets and so these were prevent from being owned when they were attached or connected to the need of the collective and the same applied in respect to the pastures and forests which were sources of timber. Therefore this text became a treatment for what newly arose in terms of relationships or development in regards to the (water) sources. So these utilities and what is established upon them is considered to be a public ownership or property (Milkiyyah ‘Aammah) and it is not permitted for an individual or a company or state to take ownership of them. From them arise Ahkaam related to the distribution of electricity and Ahkaam related to the distribution of water amongst other facilities which could arise from these (public) utilities. The need of the community and its development is connected with the ‘Illah of these Ahkaam and their generalities.
Similarly the statement of the Messenger of Allah (saw): “I had forbidden you from storing the meat of the sacrifices for the sake of Ad-Daaffah (travellers)”. The prevention was tied to an ‘Illah and in the case where the Hukm revolves with the ‘Illah is presence and absence whilst the negation of the ‘Illah negates the Hukm, then the negation of Ad-Daaffah (travellers) and the interruption of people coming to Mina to take the meat of the sacrifices, led to the negation of the Hukm of prevention or forbiddance and the Hukm of the permissibility to store the meat of the sacrificed animals comes into existence. This is whether this storage happens by way of drying like some Africans do or it happens in freezers in houses like the people of Makkah for instance do or by putting in place large freezer facilities so that the meat can be distributed throughout the year or through setting up a centre for canning the food and so on...
Another example is the Qawl of Allah (swt):
And prepare against them whatever you are able of power and of steeds of war by which you may terrify the enemy of Allah and your enemy and others besides them whom you do not know [but] whom Allah knows. And whatever you spend in the cause of Allah will be fully repaid to you, and you will not be wronged (Al-Anfaal 60).
This general (’Aamm) Hukm has been built upon the terrifying of the enemy. Therefore whatever is a cause to terrify the enemy becomes an obligation upon the Muslims to prepare as much as they are able to. This is regardless of how much this means has developed from the arrow or sword and horses to tanks, armoured vehicles, aircraft, missiles and nuclear bombs for instance. This is because everything that from its nature or reality strikes fear into the enemy or terrifies it is obligatory to be prepared to the best of ability. Based on this we say that making the legislative texts general and building a section from them upon an ‘Illah is sufficient to make the Muslim always possess the capability to remain current with the age and material developments or advancements in these ages and capable of treating and solving all new realities that arise in the (human) relationships.
The fact that the Hukm revolves with the ‘Illah in presence and absence where the negation of the Hukm occurs through the negation of its ‘Illah does not mean a change of the Ahkaam in accordance to the change of the times as some have claimed. This is because the Hukm Ash-Shar’iy is firm and constant from the time of its revelation until the Day of Judgement and it does not change except in two situations. This is either through the changing of the reality or the negation of the ‘Illah. The changing of the reality is like the transformation of alcohol into vinegar whereas the negation of the ‘Illah is like someone changing from a state of poverty to a state of being rich and as a result it is not allowed for him to receive Sadaqah (Zakaah). Other than in these two cases the Ahkaam AshShar’iyah is firm and constant and does not change so: “The Halaal of Muhammad (saw) is Halaal until the Day of Judgement and his Haraam is Haraam until the Day of Judgement”. /
Jalb ul-Masaaalih and Dar’u l -Mafaasid “Acquiring the interests (Masaalih) andaverting the harms or corrupting things (Mafaasid) do not represent an ‘Illah for the Sharee’ah in their description generally and they are not an ‘Illah for any particular Hukm itself”
Some people have adopted the view that acquiring the Masaalih (interests) and averting Mafaasid (harmful or corrupting matters) (Jalbu-l-Masaalih Wa Dar’u-l-Mafaasid) represents an ‘Illah (reasoning) for the Sharee’ah or an ‘Illah for every Hukm within the Sharee’ah. What I would like to make clear and explain in this brief section is the error of this view. This is because it is necessary to differentiate between the Maqqasid of the Sharee’ah and the Baa’ith (motive or reason) for the legislation. This is because the ‘Illah as we have explained is the Baa’ith (cause) for the legislation. As for the Maqaasid Ash-Sharee’ah then they represent the result that is realised when the Sharee’ah is committed to. The difference in respect to that is very clear whilst the evidences that they use to support their argument in this area only represent an indication of what could be accomplished or realised when these Aqaa’id (beliefs) and Ahkaam (rulings) are committed to.
As such the Qawl of Allah (swt):
And We have not sent you except as a Rahmah (mercy) for the ‘Aalameen (worlds) (Al-Anbiyaa’ 107).
And His Qawl Ta’Aalaa:
And We send not the messengers except as bringers of good tidings and warners. So whoever believes and reforms - there will be no fear concerning them, nor will they grieve (Al- An’aam 48).
And:
But My mercy encompasses all things. So I will decree it [especially] for those who fear Me and give Zakaah and those who believe in Our verses (Al-A’araaf 156). And the statement of the Messenger of Allah (saw):
“There is no harm and no harming”
All of these texts above do not establish ‘Illiyah (reasoning) for the Ahkaam Ash-Shar’iyah in this issue. Rather they establish that commitment and adherence to this Sharee’ah that we have made plain to you O people is what will save you from the punishment of Allah. This is what the Shaari’ (legislator) intends or means in respect to the people being brought out of the darkness and into the light through their adherence to that which He has commanded them with and through staying away from that which He has forbidden for them.
We add to that whilst building upon it by saying that the Maslahah (interest) is realised by adhering to that which the Shaari’ has made clear whilst the Mafsadah is averted by remaining upon and sticking to that which the Shaari’ has commanded. As such the acquiring of the Masaalih (interests) and the averting of the Mafaasid is the result of adhering and committing to the Shar’a of Allah in
the case where the statement: ‘Wherever lies the Shar’a lies the Maslahah’ applies and not the opposite.
Therefore this relates to the result whilst the ‘Illah is the motive or reason for the legislation and represents the reason for the purpose of which the Hukm (ruling) was legislated. To further clarify this issue in a more detailed manner then the book: ‘The Islamic Personality – Part 3’ written by the great Scholar Ash-Sheikh Taqi ud-Deen An-Nabhani (rh) can be referred back to.
In the case where it (Jalbu-l-Masaalih Wa Dar’u-l-Mafaasid) is not a Daleel for the Ahkaam AshShar’iyah and not an ‘Illah for them then the changing of the interests does not lead to the changing of the Ahkaam. Rather the Ahkaam only change in accordance to the change of the reality that they are applied upon and change with the change of the ‘Illah in respect to them revolving around the ‘Illah in presence and absence.
The ‘Urf (custom) and the ‘Aadah (norm): We have explained that the customs and norms (A’araaf and ‘Aadaat) are formed from a Fikrah (thought) that an individual believes in which then transforms into a Mafhoom (concept) that regulates his conduct and which he then carries to others as a Fikrah (thought). This continues until a wide section of the people have believed in it and it regulates their behaviour and conduct for a period of time taking on deep rootedness and becoming focused so that it has become an ‘Aadah (norm). It is then possible (in time) for the thought that initiated it becomes forgotten although the conduct of the people continues upon that thought.
An example of this is the speech of the Messenger of Allah (saw): “Whoever believes in Allah and the Last Day should honour his guest”. This is a thought that the Messenger of Allah (saw) believed
in and he Sahaabah (rah) followed it until it became a norm (’Aadah) amongst the people and a custom (‘Urf) that no one would dare to contradict or violate because they would face the anger and blame of the people if they did so. In this way all of the norms and customs are formed: They start as a thought and then this thought transforms after believing in it into a concept that influences the conduct of those who have believed in this thought and then when it takes a deep rootedness and concentration within the Nafs (person) it has then become and ‘Aadah (norm). If it encompasses a wide sector of the people it has become an ‘Urf (custom) amongst them whilst there sentiments are triggered in accordance to it in terms of anger or acceptance (and pleasure).
When Islam came with its thoughts to a society that was contrary to it in terms of thoughts, concepts, norms and customs, the Messenger of Allah (saw) spread these thoughts that Islaam came with and so as a result a band or group believed alongside him until the point that Islaam reached the surface of the society and people regulated their conducts in accordance to it. Its concepts and criteria then became the system of regulation for the lives upon the basis of which the norms and customs were built thus becoming a general (public) custom (‘Urf ‘Aamm) to which the sentiments of the people would be agitated in anger when it is violated whilst being pleased with that which agrees with it (Islaam) or emanates from it.
For that reason we say that we see that Islaam only came to change the norms and customs rather than making them a source for its legislation. This is because the Masdar (source) of the legislation is the Wahi (divinely inspired revelation) and its task is to change the customs and norms in accordance to its thoughts and its Ahkaam (rulings). The custom or norm that we wish to go to for judgement or to make a source from amongst the sources of legislation can either be in accordance to the Shar’a or in violation and contrary to it. If it went against and violated the Shar’a then Allah (swt) has commanded us to change it and remove it, and not for us to go to it for judgment. If it was however in agreement and conformed to the Shar’a then going to judgment in this case would actually be to the Shar’a and not the norm or custom. This is because the Daleel (evidence) of the Ahkaam is the Nass (text) and not the ‘Aadah (norm) or ‘Urf (custom).
As for what some attempt to make deductions with and in respect to what has been said in terms of the ‘Aadah (norm) being overriding based on:
Take what is given freely (pardoned) and command what is good (Al- A’araaf 199).
Then in respect to this the ‘Urf mentioned here refers to the Ma’roof .
As for what has been send in respect to the Mahr (dowry) for example or evaluating and estimating the wage of the hired worker in accordance to an equivalent wage, then the Shar’a has commanded that and it does not represent a following of the ‘Aadah (norm). So when Hind the wife of Abu Sufyaan asked the Messenger of Allah (saw) about taking her husband’s money because he was a tight fisted man he (saw) said: “Take that which is enough for you and your children by way of Ma’roof”. This then represents a Shar’iy text and is a Daleel (evidence) for the treatment of
equivalence or (of like and what is similar and befitting). Therefore the ‘Urf and the ‘Aadah are not a Daleel for the Hukm Ash-Shar’iy as the Daleel is the Shar’iy text. In addition they do not represent an ‘Illah for the Ahkaam because the ‘Illah (reason) of the Hukm Ash-Shar’iy has been brought by the Wahi as found in a Shar’iy text. This is whilst the Shar’a has only come to change the bad norms (‘Aadaat).
The validity and soundness of the Sharee’ahfor every time and place It is submitted to and to the point of Yaqeen (certainty) in respect to the believers that every single person will be held to account for his actions and speech. If it was good then he will find goodness (in recompense) and if it was bad then he would find that (in recompense) unless Allah covers him with His Rahmah (mercy). Allah (swt) says:
So whoever does an atoms weight of good shall see it. And whoever does an atoms weight of bad will see it (Az-Zalzalah 7-8).
And He (swt) said:
Allah does not charge a person except [with that within] its capacity. It will have [the consequence of] what [good] it has gained, and it will bear [the consequence of] what [evil] it has earned (Al-Baqarah 286).
And He Ta’Aalaa said:
Every person is a pledge for what he has earned (Al- Mudath’thir 38).
There are many Aayaat similar to these which all make clear and explain that every person will be held account for his actions and that his book will be brought in his right hand or from behind his back or in his left (hand). It will be said to him:
"Read your record. Sufficient is yourself against you this Day as accountant (Al- Israa’ 14).
And when we say ‘every person’ then this means that every individual, however high his rank and status was, whatever profession he worked in, whatever his religion was and whatever tribe he belonged to, there will be no difference amongst them apart from their actions. This is a fact of Imaan (belief) and whoever disbelieves in that then he is a Kaafir. The Hisaab (account) represents an examination of what the person did in his life: Were his actions in conformity with the Minhaaj (methodology) that was laid down for him to proceed in accordance to or do they include some contraventions and violations or were they contradictory to this path. This means that Allah (swt) has made clear and explained to every human the required Minhaaj (path and methodology) and the actions by which his actions are regulated:
And we have shown him the two paths (Al-Balad 10).
Indeed, We guided him to the way, be he grateful or be he ungrateful (Al-Insaan 3). Even the word that he must say, or should say or that which he is not permitted to say, he will be held to account for as he could say a word that casts him into the deepest depths of Jahannam (hellfire). The Messenger of Allah (saw) was asked about the Kalimah (word) when they said: “Are we held for account for what we say?” And so he (saw) answered them: “And will people be dragged on their faces into Jahannam for other than what their tongues have harvested?!”
This is the truth about the Hisaab (Day of account) and so where is the Minhaaj (methodology)? Allah (swt) said:
And never would We punish until We sent a messenger (Al-Israa’ 15).
And He Ta’Aalaa said:
Indeed, We have sent you with the truth as a bringer of good tidings and a warner. And there was no nation but that there had passed within it a warner (Faatir 24).
And Allah (swt) said:
This day I have perfected for you your Deen and completed My favour upon you and have chosen for you Islaam as a Deen (Al- Maa’idah 3).
And He ‘Azza Wa Jalla said:
To each of you We prescribed a law and a method. Had Allah willed, He would have made you one nation [united in religion], but [He intended] to test you in what He has given you; so race to [all that is] good. To Allah is your return all together, and He will [then] inform you concerning that over which you used to differ (Al- Maa’idah 48).
Allah (swt) has explained to mankind what he wants from them through the Anbiyaa’ (prophets) and Rusul (Messengers) as intermediaries. And in the case where Muhammad (saw) was the seal of the Prophets and the Messengers and his message is to the whole of mankind:
And We have not sent you except to mankind in its entirety as a bringer of good tidings and a warner. But most of the people do not know. (Saba’ 48).
His Sharee’ah and Minhaaj was for the people as a whole in their entirety from the time that he began his mission until the Day of Judgement. In the case where this Sharee’ah and Minhaaj is specified (limited) to the texts of the Kitaab and the Sunnah whilst the relationships between people are not limited as they are always developing and newly arising, then it was necessary for these texts to be deep in meaning, general in the Maqaasid and treat the human problem in accordance to his human capacity and nature. This is so however much his needs develop and become numerous they remain as human needs which these texts have treated. This is because it has treated all of the problems that arise from the instinctual and organic impulses and drives.
The human remains as a human; he has not changed and he will never change just as his instincts and organic needs have not changed and will never change. That which changes is the type and variety of means and needs by which his urges and hungers are satisfied. So the human eats and drinks irrespective of the type of food he is eating. Although the Shar’a has specified some types of food that the human is not allowed to eat or utilise, he can eat anything other than these in accordance to his capability to obtain it. Similarly it is necessary for the human to have a house (or roof) to shelter in whether this was a palace, house, cave or tent. The human also establishes a firm relationship with his creator in the manner that his creator wishes and not the way he wishes to. It is also a duty for him to be characterised by attributes and qualities that the Creator has specified and these matters are not exposed to change or development whilst the developments in material means does not affect them or bring any change in respect to them. As for his relationships with other people and what happens amongst them in terms of individual or public relationships, then the texts have come making clear the nature of these relationships and how they are continuously
dealt with and treated as they newly occur, through general Ahkaam or built upon ‘Ilal (reasonings) which remain viable to treat this human as long as he remains human. It is the same whether the issue is one of ruling, security, economy or social relations amongst men and women amongst other issues.
We would like to mention that there is no place for the mind to legislate rulings from it but rather its place relates to what the Shar’a has brought in respect to understanding it and comprehending its meanings and the ‘Ilal if the text includes reasoning, in addition to taking the Khaas (specific) in its specificity and to attach to the ‘Aamm (general) what is included in its generality and so forth.
This is due to His Qawl (swt):
It is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair. And whoever disobeys Allah and His Messenger has certainly strayed into clear error (Al-Ahzaab 36).
And:
But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission (An- Nisaa’ 65).
This is what Islaam came with and this is what is valid for the action to be held account upon. This is in the case where it is not comprehendible for the person to be held to account upon a matter that has not reached his action. As such Allah (swt) has stated:
[We sent] messengers as bringers of good tidings and warners so that mankind will have no argument against Allah after the messengers. And ever is Allah Exalted in Might and Wise (An- Nisaa’ 165).
So that which the Messenger (saw) brought represents the Hujjah (argument and proof) over the people (mankind). In the case where the message of Muhammad (saw) is the last of the messages, his Sharee’ah is the final Sharee’ah, his Minhaaj (methodology and path) is the final Minhaj. In this case it was a matter of certainty (Yaqeen) that this message would make clear and explain everything that Allah (swt) wants from humanity and to define their conduct and behaviour as individuals and collectives, families and society and the relationship of the society to other societies.
As we have said, this Sharee’ah has come in a wide expansive manner to treat and solve the numerous and newly occurring problems that man faces irrespective of how much these problems vary or how much there forms change. Indeed this represented a cause from amongst the causes for the development of the Islamic Fiqh. This expansiveness and breadth in respect to the Sharee’ah does not however mean that it is flexible in the case where it can be made to conform to every reality and even if it is contrary to it. It also does not mean that it evolves where it changes and alternates in accordance to the time and place. Rather what it means is the expansiveness of the texts (Nusoos) so as deduce and extract numerous Ahkaam and the breadth and expansiveness of the Ahkaam so as to apply them upon many issues.
Allah (swt) said:
Then if they breastfeed for you, give them their due payment, and let each of you accept the advice of the other in a just way. But if you are in discord, then some other woman may give breastfeed for him (the father of the child) (At-Talaaq 6).
A Hukm Shar’iy is deduced from this Aayah and that is that the divorced woman deserves a wage (or payment) for her breastfeeding. In addition another Hukm Shar’iy is deduced and that is that the Ajeer (person who is hired) whoever he may be deserves the wage (or payment) when he undertakes his work and whether he is a private hired worker or public one. This Hukm then applies upon many issues including that the state employee, the factory worker, the person working on a farm and what is similar to these, all deserve their wage when they complete their respective work because they are private hired workers (Ajeer Khaass). Similarly the carpenter who makes a wardrobe, the tailor who sews a garment, the shoemaker who makes shoes and whoever is similar to these, all deserve their wage if they has undertaken their work because they are all public hired workers (Ajeer ‘Aamm). As the Ijaarah (hiring) is a contract between the hirer (Musta’jir) and the hired (Ajeer) then the Haakim ruler does not fall within this category (i.e. of being hired and obtaining a wage for his work). This is because he is not hired by the Ummah but rather he is the implementer of the Ahkaam Ash-Shar’iyah i.e. the one who applies and implements Islaam. As such the Khalifah does not deserve a way for undertaking his work because he has been given the Bai’ah to implement the Shar’a and carry the Islamic Da’wah. He is therefore not an Ajeer of the Ummah and similar to him are his Mu’awineen (assistants) who are part of the executive body in addition to the Wulaah (governors) who do not deserve a wag for undertaking their work because their work is ruling and as such they are not hired workers (Ujaraa’). They therefore do not take a wage but rather
an amount is evaluated and allocated for them in accordance to their needs due to their preoccupation from undertaking their private affairs.
The above represents an example that we have provided to make apparent the meaning of the breadth and expansiveness of the Nusoos (texts) where a whole host of Ahkaam can be deduced from one single text. This expansiveness and breadth of the texts enabling multiple Ahkaam to be deduced and the breadth of the Ahkaam allowing them to be applied upon multiple issues, is what makes the Islamic Share’ah fully capable of treating all of the problems of life in every time and in every place and in every Ummah (nation) and every generation whilst it is not flexible and it does not evolve. It is rather the deduction or extraction of the Ahkaam Ash-Shar’iyah from its detailed evidences i.e. from the Kitaab, the Sunnah and that which these two have indicated and guided to (Al-Ijmaa’ and Qiyaas). /
Al-Adillah Ash-Shar’iyah (The Shar’iyah evidences or sources of evidence) Indeed the Qur’aan Al-Kareem is the Kitaab (book) that Allah (swt) revealed upon His Messenger Muhammad (saw) and commanded him to convey it and explain it to the people (mankind). And this Kitaab includes within it the Aqaa’id (beliefs), Al-Ahkaam (rulings) and Qisas (stories) as a lesson for us to may consideration to. As such the Messenger of Allah (saw) explained what was revealed to him and so he gave details to the Mujmal (general), he restricted the Mutlaq (unrestricted), he specified the ‘Umoom (generalities) and he attached the branch (far’u) with the Asl (srcin). He also brought Ahkaam that were not mentioned in the Kitaab and all of this was from Allah as a Wahi (divinely inspired revelation) to His Messenger which he expressed by his tongue, his action or his Taqreer (consent and spproval). All of it is therefore Wahi from Allah exactly like the Qur’aan.
These Nusoos (texts) from the Qur’aan or from the purified Sunnah that have come as Wahi to the Messenger of Allah (saw) represent the treatments and solutions which Allah (swt) intended for the current human problems. For that reason what has been intended is the following of the meanings of these texts and not stopping at the text (alone). Consideration is therefore given when deducing the Ahkaam from these texts to acquiring knowledge of the motive of the legislation i.e. to know the reason for which the Hukm came about which means knowing the angle of the ‘Illah (reasoning) from the Hukm. Therefore the knowledge of the angle of the ‘Illah is paid consideration to when deducing the Hukm from the legislative aspect. The Daleel (evidence) whether it is and Aayah or a collection of Aayaat or is a Hadeeth or number of Ahaadeeth either includes an ‘Illah for the Hukm and the reason for its legislation or it is extracted from another Daleel or collection of Adillah. Paying regard to the reason for which the Hukm came into being (i.e. the motive for the legislation) makes us not stop at the picture of what the Nass (text) incorporates but rather we would look at the angle of reasoning (the ‘Illah) within it.
So for example in respect to His Qawl (swt):
And prepare against them whatever you are able of power and of steeds of war by which you may terrify the enemy of Allah and your enemy and others besides them whom you do not know [but] whom Allah knows. And whatever you spend in the cause of Allah will be fully repaid to you, and you will not be wronged (Al-Anfaal 60).
The Hukm (legal ruling) here is the preparation of force and power and the problem that was present was treated by power which included the steeds of war (horses). This is whilst the angle of the ‘Illah (reason) from the Hukm is to terrify the enemy.
You [believers] are more fearful within their breasts than Allah. That is because they are a people who do not understand (Al-Hashr 13).
This is what was present at its time as the steeds of war and cavalry was what struck the most severe fear and terror into the enemy. However when we deduce a solution from this very same text today we pay attention to the angle of the ‘Illah (reasoning) within it which is to generate the terror or fear. Therefore we prepare that which from its reality and nature would strike fear into the enemy through aircraft or missiles or nuclear weapons or any thing that would accomplish instilling this fear. This is whilst we do not bind ourselves to that which solved the problem at its time (i.e. by preparing the steeds of war and cavalry battalions).
In this same way every Daleel from which a Hukm is deduced is worked with because what is inteneded is the accomplishment of the reasoning for the legislation and the reason for which the Hukm was legislated. As such the Islamic legislation in respect to the Ahkaam related to the relationships of the people with each other in the Mu’aamalaat dictates that they are built upon their ‘Illal (legislative reasons) whilst the legislative aspect or perspective is given consideration to in respect to the texts when deducing the Ahkaam from them and not just the picture that has been found or mentioned in the text. The Kitaab and the Sunnah have also guided and indicated to two other sources for the (Islamic) legislation and these are Qiyaas and Ijmaa’ As-Sahaabah.
Al-Qiyaas (analogy): Its definition: Affirming the like of a Hukm Ma’loom (known ruling) in another Ma’loom (known matter) due to them both sharing in the ‘Illah of the Hukm of the Muthbat (affirmed). It therefore means acquiring the Hukm that is taken as the srcin to affirm what is like it in a branch due to them both sharing a single ‘Illah. The two Hukms share in a matter that combines them together and that
is the ‘Illah. Or it can also mean as some have defined it: Qiyaas is joining a matter to another within the Hukm Ash-Shar’iy due to their unifying in respect to the ‘Illah. This refers to their unification in respect to the motive or causative factor for the Hukm for each of them. Its Daleel for it is: In the case where Qiyaas means referring back to the causative factor for the legislation that is included within the text tyen the Qiyaas is considered as referring to the text. This is because it means referring back to the ‘ILah that the Nas (text) contains. It does not mean referring back to a rational ‘Illah or any other type. It therefore represents referring back to the text and this therefore in itself represents a Daleel Qat’iy (definite evidence) for the taking of Qiyaas as a Daleel Shar’iy (legislative source/evidence) and a Masdar (source) from the Masaadir of legislation. It means knowing the Hukm of Allah in a Mas’alah (issue) from knowing the causative factor or motive for the legislation that the text has included. It therefore means goin back to what the Wahi has brought and this is the ‘Illah that the Nass (text) has included.
It is therefore valid to say that the Qiyaas is the Ma’qool (what is comprehended) of the text. Just as the text has a Mantooq (expressed meaning) from which the Hukm Ash-Shar’iy is extracted it also has a Mafhoom Muwaafaqah (understanding of conformity) from which the Hukm Ash-Shar’iy is extracted in addition to a Mafhoom Mukhaalfah (opposing understanding) from which the Hukm Ash-Shar’iy is similarly taken. The Ma’qool of the Nass likewise refers to going back to the text and what it includes in terms of its Mantooq, Mafhoom Muwaafaqah or Mafhoom Mukhaalafh and as such represents referring back to the text. This is in addition to what the Messenger of Allah (saw) has guided us to in respect to referring back to this matter. This is because it has been confirmed that the Mesenger of Allah (saw) directed the minds of his Sahaabah to this matter. So for example: Ibn ‘Abbaas (ra) related that a woman said: “O Messenger of Allah, my mother passed away and has fasts owing from an oath so can I fast them on her behalf?” So he replied: “Do you see that if your
mother had a debt and you payed it off for her, would that be counted?”She said: “Yes”. So he (saw) said: “Then fast on behalf of your mother”.
Az-Zubair (ra) said: “A man from Juth’am came to the Messenger of Allah (saw) and said: “Verily my father has come to Islam whilst he is an elderly man who is not capable of riding whilst Hajj has been made obligatory for him. Can I perform Hajj on his behalf?” He (saw) asked: “Are you the oldest son?” He said: “Yes”. So he (saw) said: “Yes, do you see that if you father had a debt and you payed
it for him would that count for him?”He said: “Yes”. He (saw) said: “Then perform Hajj on his behalf””.
Narrations similar to this are numerous which establish that the Messenger of Allah (saw) used to guide his companions and teach them how to deduce the Ahkaam from the texts by referring back to the motives or causative factors of the legislation. In addition there is the narration about the sending of Mu’aadh Bin Jabal and Abu Mousaa Al-Ash’ari to Yemen as two judges in different areas when the Messenger of Allah (saw) asked them what they would judge by? So they said: “If we don’t find the Hukm in the Kitaab or the Sunnah we will make analogise the matter with another matter and what is closer to the Haqq (truth) we will act in accordance to it”. So the Messenger of Allah (saw) said: “You are ready”. Therefore in this example they explicitly expressed that they would perform Qiyaas and the Messenger (saw) approved of this from them.
Al-Ijmaa’: We reaffirm here what we have previously said in terms of our Sharee’ah being Wahi from Allah (swt) and that the Wahi was interrupted and came to an end upon the passing of the Messenger of Allah (saw). The Tashree’ (legislation) had at this time been finished and completed and so nothing new can be added to the legislation apart from that which has been deduced from the texts that the Wahi has brought. Wohever claims that there is a Masdar (source) of legislatuion other than what Allah (swt) has revealed then this is a claim for which the evidence is deficient (and non existent). This applies equally to the claims of Ijmaa’ Al-Ummah, Ijmaa’ Ahl ul-Madeenah, Ijmaa’ Ahl ul-Bait, Ijmaa’ Al-Fuqahaa or Ijmaa’ Ahl ul-Hall Wa l-‘Aqd. This is because the issue relates to the returning of the legislation to the Wahi and in the case where the Wahi has come to an end then the texts have been specified to that which has come in the Qur’an Al-Kareem and what was related from the Messenger of Allah (saw).
Therefore the Qaa’idah that must be clear and as clear as the sun with no ambiguity attached to it is that the Shar’a of Allah Ta’Aalaa has been brought by the Wahi alone and there is nothing stronger in eveidence to wupport that than the fact that the Messenger of Allah (saw) refrained from answering when the Wahi had not yet brought something for that issue. As such the Messenger of Allah (saw) did not have the right to legislate nor did anyone else from human kind.
Allah (swt) said:
It is only an Inspiration that is inspired (An-Najm 4).
This must be submitted to with a full and certain submission built upon certain (Yaqeeniy) Adillah. The Shaari’ (legislator) did not leave matters of legislation in regards to future incidents and occurrences to the agreement of the Ummah or to the agreement of a portion or group from her and it absolutely never gave the right of legislation to anyone at all. This is because Allah (swt) alone is the one who legislates and He is the one who holds to account based upon what He has legislated.
As for what we mean by Ijmaa’ then we only mean the Ijmaa’ of the Sahaabah and not because the Sahaabah (rah) agreed upon a particular issue but rather and indeed because they agreed upon an action in its consideration as representing a Hukm Shar’iy. This is where the occurrence upon which they agreed reached us whilst the evidence that they used for their deduction did not reach us. So for instance there is the example when Sayyiduna ‘Umar was stabbed and he left instruction for the Khilafah to be restricted to a group of six and appointed an Ameer over them for three days until they had agreed upon someone to take charge of the Muslim’s affairs and for the one who opposes from amongst them to be killed. This incident reached the level of Tawaatur (consecutive reports) and the Sahaabah (rah) agreed upon what ‘Umar (ra) had directed to even though it included the killing of the one who opposes (the agreement). This therefore indicates that ‘Umar was aware of a
Daleel for what he directed to and that the Sahaabah (rah) were likewise aware of it. This is because they did not demand a Daleel from him to support what he had instructed and this is whilst it is well known that they would account him strongly during the prime of his rule like what had happened in respect to the incident relating to the land of the Sawaad for example and the imposition of Kharaaj upon it, amongst other incidents. As such there silence in respect to his opinion here is based upon their knowledge of a Daleel and not due to fear from ‘Umar and particularly as he was on his death bed. Similarly it was not because they were convinced of his point of view whilst each of them had had some difference of viewpoint with him. For this reason their silence represented a revealing of uncovering of a Daleel (i.e. there silence revealed that there was a Daleel behind the action which it was based upon). This is in addition to the praise and commendation that Allah (swt) described them with when He said:
Allah being pleased with them and they with Him The commendation and praise has come in their capacity as a collective described with a specific description; the Muhaajiroon and the Ansaar. The Muhaajiroon were those who migrated from Makkah to Al-Madinah before the Fat’h (opening and conquest of Makkah) because the Messenger of Allah (saw) said: “There is no Hijrah after Al-Fat’h (the conquest) but rather there is Jihaad and Niyah (intention”. And the Ansaar are those who supported the Messenger of Allah (saw) from the people of Al-Madinah and not the Muslims outside of Al-Madinah. So these two descriptions are
included with the specification of pleasure (i.e. Allah’s pleasure). As for other than them from those who followed and came after then ‘Al-Ihsaan’ (perfection) is stipulated in respect to them:
And the first forerunners [in the faith] among the Muhajireen and the Ansar and those who followed them with good conduct (Ihsaan) - Allah is pleased with them and they are pleased with Him, and He has prepared for them gardens beneath which rivers flow, wherein they will abide forever. That is the great attainment (At-Taubah 100). As such the issue relates to their Ijmaa’ (consensus/agreement) upon a matter in its consideration as a Hukm Shar’iy and not just merely their agreement upon an opinion. Therefore the Tashree’ (legislation) is restricted to the Wahi and nothing other than the Wahi. These are the considered Adilah Ash-Shar’iyah in Usool ul-Fiqh and they are alone that which have been established upon the Daleel Al-Qat’iy (decisive evidence). So for it to represent Usool (foundations) for Fiqh then it is necessary for it to have Adillah Qat’iyah and this is because the Usool of the Sharee’ah is like Usool
ud-Deen (i.e. Aqeedah) in which Yaqen is stipulated. These Adillah are the Kitaab, the Sunnah, AlQiyaas and Ijmaa’ and these are the only evidences which the Wahi has brought.
As for the Ra’y As-Sahaabi (opinion of the Sahaabi) then it represents the opinion of the Mujtahid and it is permissible to adopt it although it is not a Daleel. And even thought Allah (swt) has commended and prasied individuals by name from amongst them upon the tongue of the Messenger (saw) this praise is not one of infallibility. It is an accepted and submitted to fact that none of them were revealed to by Wahi and as such the opinion of the Sahaabi represents a Madh’hab for him and a Hukm Shar’iy in his right and the right of the one who adopts it. It is not however a Daleel Shar’iy because it is not coming from the Wahi. / As for the Shar’i Min Qablinaa (The Sharee’ah of those who came before us) then it also is not considered to be a Daleel Shar’iy and the evidence for that is the following:
1) Verily Allah (swt) sent His Messenger Muhammad (saw) to the whole of mankind:
And We have not sent you (O Muhammad SAW) except as a giver of glad tidings and a warner to all mankind, but most of men know not (34:28).
And from amongst mankind there are the people of previous Sharaa’i like the Jews and Christians. The Jews, Christians and others are considered to be Kuffaar if they do not embrace the Deen of Islaam because it has been demanded from them to abandon their Deens and to follow the Deen of Muhammad (saw). As such, if it has been demanded from the Jew and the Christian to leave their Sharee’ah and follow the Sharee’ah of Islaam, how can it be asked of the Muslim to take that Sharee’ah (i.e. theirs) as a source for legislation? This is whilst Allah (swt) has commanded to fight them and make them submit to the Sharee’ah of Islaam or until they give the Jizyah willingly and they have been subdued (Ref to 9:29).
2) Allah (swt) said:
To each of you We prescribed a law and a method. Had Allah willed, He would have made you one nation [united in religion], but [He intended] to test you in what He has given you; so race to [all that is] good. To Allah is your return all together, and He will [then] inform you concerning that over which you used to differ (5: 48).
This means that every Ummah from the Umam (nations) had a Sharee’ah that was specific to them which its Messenger brought to them. Therefore the Sharee’ah of the Yahood (Jews) is specific to them, the Sharee’ah of the Nasaaraa (Christians) is specific to them, the Sharee’ah of Daawood is specific to his nation and similarly the same applies in respect to the Qawm of Nooh, the Qawm of Hud and the Qawm of Saalih (as). To each Allah Ta’Aalaa made or provided with a Sharee’ah and Minhaaj (method) whilst Islaam came with a Sharee’ah demanding that the world as a whole follows it and leaves all that came before it.
3) The Messenger of Allah (saw) saw ‘Umar Ibn Al-Khattaab (ra) with a segment of the Tawraah which he was looking in and so he (saw) became angry and said: “Have I not come with that which is clear and pure and if my brother Mousaa was to reach me he would have no choice except to follow me”.
So here you have the Messenger of Allah (saw) becoming angry when he saw ‘Umar looking in a piece of the Tawraah so how can we claim that it represents a source from the sources of legislation? Had it been a source of legislation from its sources then that would demand studying it and understanding it to become aware of the legislations and Ahkaam that are included within it just as it is obligatory upon us to study the Qur’aan and the Sunnah, understand them and deduce the Ahkaam Ash-Shar’iyah from them. This is in the case where we have seen that the Messenger of Allah (saw) became angry only due to ‘Umar Ibn Al-Khataab (ra) merely looking at a piece of the Tawraah.
4) The Qawl of Allah (swt):
Verily the Deen with Allah is Islaam. And those who were given the Scripture did not differ except after knowledge had come to them - out of jealous animosity between themselves. And whoever disbelieves in the verses of Allah; then verily Allah is swift in [taking] account. (Aali ‘Imraan 19).
And His Qawl (swt):
And whoever desires other than Islam as a Deen - never will it be accepted from him and in the Hereafter he will be among the losers (Aali ‘Imraan 85).
From these Aayaat the Fuqahaa’ deduced the Qaa’idah (principle: ‘Shar’u Min Qablinaa Laysa Shar’an lanaa’ (The Shar’a that has become before us is not a Shar’a (legislation) for us). This is due to Allah (swt) rejecting to accept the one who takes other than Islaam as his Deen.
5) Islaam came abrogating all of the previous legislations in accordance to what was mentioned explicitly in the Qur’aan Al-Kareem. Allah Ta’Aalaa said:
And We have revealed to you, [O Muhammad], the Book in truth, confirming that which preceded it of the Scripture and as a criterion over it. So judge between them by what Allah has revealed (AlMaa’idah 48).
This means that the Qur’aan Al-Kareem is controlling, dominating and overruling in respect to the previous books and abrogating of them. It is therefore Musaaddiqan (confirming) and Naasikhan (abrogating) over the legislations that these books have contained. As for if it was said that the Shar’a Min Qablinaa is a Shar’a for us as long as it hasn’t been abrogated, then that would require, as we previously mentioned, a study of the previous books, their legislations and knowledge about the Naasikh (abrogating) and Mansookh(abrogated) within them. This is something that the Messenger (saw) did or his Sahaabah (rah) after hime.
The speculation in this issue has arisen in respect to the understanding of the statement of Allah (swt):
Indeed, We have revealed to you, [O Muhammad], as We revealed to Nooh and the prophets after him. And we revealed to Ibrahim, Isma ’eel, Ishaaq, Yaqoob, the Descendants, Isa, Ayub, Yunus, Harun, and Soleymaan, and to Dawud We gave the book [of Psalms] (An- Nisaa’ 163).
And His Qawl Ta’Aalaa:
He (Allah) has ordained for you the same religion (Islam) which He ordained for Nuh (Noah), and that which We have inspired in you (O Muhammad SAW), and that which We ordained for Ibrahim, Musa and 'Iesa saying you should establish religion and make no divisions in it (religion). Intolerable for the Mushrikun, is that to which you (O Muhammad SAW) call them. Allah chooses for Himself whom He wills, and guides unto Himself who turns to Him in repentance and in obedience (Ash-Shooraa 13).
And:
Then, We have inspired you (O Muhammad SAW saying): "Follow the religion of Ibrahim (Abraham) Hanifa (Islamic Monotheism - to worship none but Allah) and he was not of the Mushrikun (polytheists, idolaters, disbelievers, etc.) (An-Nahl 123).
These Aayaat and other like them establish two points: The first point: That you O Muhammad you are not an innovator amongst the Messengers as Allah (swt) has previously revealed his inspiration to other Prophets and your people have already known that so why is there astonishment (or wonderous disbelief) in respect to the Wahi that has come to you? They have heard of Ibraheem, Moosaa, ‘Iesaa, Nooh and Saaalih amongst others. This is supported by the Qawl of Allah Ta’Aalaa:
Nay, they wonder that there has come to them a warner from among themselves. So the disbelievers say: “This is a strange thing!” (Qaaf 2).
Therefore the first issue relates to conforming that the Prophethood and the Wahi is a matter of fact that must be accepted as such and that Allah (swt) had already sent prophets to other peoples and nations previously.
As for the second point: That which we have revealed to you is not different in its srcin from that which we revealed to the other prophets and that there is not prophet that has come except that he came with the like of what you came with i.e. like what we have revealed to you in respect to the srcin of Tawheed. This is supported vy what has been mentioned in the Qur’anic stories that state that there has not come a prophet except that he addressed his people with that which Allah revealed to him:
Worship Allah and join none with Him in worship, and do good to parents, kinsfolk, orphans, AlMasakin (the poor), the neighbour who is near of kin, the neighbour who is a stranger, the companion by your side, the wayfarer (you meet), and those (slaves) whom your right hands possess. Verily, Allah does not like such as are proud and boastful (An- Nisaa’ 36).
And that there has been no Nabi (prophet) except that he informed the people of that which Allah revealed to him about there being a resurrection after death:
Nay, they wonder that there has come to them a warner from among themselves. So the disbelievers say: “This is a strange thing! When we have died and have become dust, [we will return to life]? That
is a distant return” (Qaaf 2). And His Qawl (swt):
And the leaders among them went about (saying): "Go on, and remain constant to your Aalihah (gods)! Verily, this is a thing intended. We have not heard of this in the latest religion. This is not but a fabrication (Saad 6-7)
So what was revealed to him was only the same as what was revealed to all of the Prophets who came before him in terms of the srcin of Tawheed, not making Shirk and in respect to the resurrection and being held to account.
In respect to the second area of doubt and questioning then this has come from seeing some agreement between the Ahkaam of Islaam and its legislations and some of the previous legislations, or the agreement of the Islamic legislation with some of that which the Arabs used to do in respect upon the Millah (belief and practises) of Ibraheem (as) as they claim. This is false because the actions
that we undertake in Hajj or any other area or matter are from that which Allah (swt) has obliged upon us or permitted us. We are not undertaking them built and based upon the previous legislation or because our Deen and Sharee’ah is an extension of those legislations, but rather we undertake them because Allah (swt) has commanded us to and so it is upon this basis that the Messenger of Allah (saw) explained them to us. They do not therefore represent and extension of the Sharee’ah of Ibraheem or other prophets and we only undertake them built and based upon the Daleel (evidence) taken from the Kitaab of Allah and the Sunnah of His Messenger and nothing besides them.
For this reason, the Shar’a Min Qablinaa is not a Shar’a for us whether it was abrogated or not abrogated and it is not considered to be one of the Adillah Ash-Shar’iyah at all. We return here to reiterate that the Masdar (source) of legislation in Islaam is only the Wahi alone and the Wahi has come in the following Adillah Ash-Shar’iyah: Al-Kitaab, As-Sunnah, Ijmaa’ As-Sahaabah in the case where it discloses or reveals a Daleel (i.e. from the Sunnah) and then Qiyaas based upon an ‘Illah (reason) that the Wahi has brought i.e. the texts of the Kitaab and the Sunnah contain it.
Adhering to the Hukm Ash- Shar’iy (At-Taqayyud Bil Hukmi Ash-Shar’iy) All actions of the ‘Ibaad (servants) and what is attached to them in terms of things are restricted by the Hukm Ash-Shar’iy in the case where the human will be held to account doe all of his actions and his utilisation of those things. This is because the Hukm Ash-Shar’iy in accordance to the definition of the Fuqahaa’ is: ‘The address of the legislator related to the actions of the ‘Ibaad (servants)’ and for that reason the Fuqahaa’ laid down another Fiqhi principle which is: ‘The srcin in respect to the things is Ibaahah (permissibility) as long as no Daleel of prohibition has been mentioned’. That is because Allah (swt) has put all of these things that fall under his sensation at the diposal of human being to utilise what he wishes from them. Allah Ta’Aalaa says:
And He has subjected to you whatever is in the heavens and whatever is on the earth - all from Him. Indeed, in that are signs for a people who contemplate (Al-Jaathiyah 13).
However, He (swt) has exempted from these things, things which He has prohibited the human to use or to benefit from and these prohibited things are specified, described and mentioned in the Kitaab and the Sunnah. As for the human actions then He (swt) has made actions obligatory upon the human, made actions recommended for him, made actions a matter of choice for him, made actions disliked for him and made actions prohibited for him. These five cases attributed to the actions, which are the Fard, Mandoob, Mubaah, Makrooh and Haraam, are what place the human upon clear evidence (and awareness) in respect to his affair when he proceeds to undertake an act or refrain from it, so that the reward and punishment are an appropriate recompense for what he has gained and earned. Based upon this the Fuqahaa’ placed down the principle: ‘The srcin in respect to actions is to adhere to the Hukm Ash-Shar’iy’.
The obligation of abiding by, adhering or restricting to the Hukm Ash-Shar’iy necessitates attaining knowledge of the Hukm related to the act that is wanted to be undertaken. It could then be that the Hukm is not clearly evident within the Mantooq (expressed meaning of wording) of the text or that the one seeking the Hukm Ash-Shar’iy has not aware of all the sum of the texts or that he is not fluent in the Arabic language. Islaam is for all of mankind and in all of these circumstances it is essential to adhere and be restricted (to the Hukm Ash-Shar’iy in the actions) and it is necessary to ask: The Messenger (saw) said: ‘The cure for the incompetent (i.e. one who doesn’t know)is to ask’.
And Allah (swt) said:
So ask the people of the Dhikr if you do not know (An-Nahl 43). This requires the presence or existence of the one who has the capability to answer from those who have the capability to deduce from the text of the detailed evidences. As for the Ahkaam AshShar’iyah, then they are either Zhaahirah (apparent/evident) within the text and do not require a great effort or they have previously been deduced by Muslims or they could relate to a new Mas’alah (issue) that a Hukm is required to be deduced for. As for the people, then they are either incapable of pursuing the texts and understanding them or they are capable of doing that in all situations. The obligation in this respect relates to regulating all of the actions by the Hukm AshShar’iy and this makes it obligatory for there to exist a specific methodology to arrive to the Hukm Ash-Shar’iy so as to regulate the actions. This methodology is the Istinbaat (deduction) of the Hukm Ash-Shar’iy from the detailed evidences i.e. from the Aayaat of the Qur’aan Al-Kareem or the Ahaadeeth Ash-Shareefah, or what these two (sources) have guided to in respect to Ijmaa’ and Qiyaas. /
Al-Istinbaat: The Istinbaat (deducing or extraction) of the Hukm Ash-Shar’iy from the detailed evidences requires the following:
Firstly: Expending the utmost effort in order to know the reality in a manner that expels all obscurity and ambiguity and it means gaining a depth of knowledge related to this reality and depth in understanding it. This is so that when the person wishes to deduce the Hukm it is applicable to this reality without any ambiguity or obscurity. An example of acquiring a deep understanding in respect to the Hukm is that related to the Hukm of what is known as cologne. It is made from a fragranced wafting substance that the majority of the people have drowned themselves in due to their ignorance of its reality whilst considering its usage to fall under the Sunnah (Mandoob) usage of fragrance (At-Tayyib). If those who state its permissibility were to gain a deeper knowledge of its reality they would then know that it is Khamr, would feel an inward repulsion to it and naturally
refrain from it, in compliance to its Hukm, which is the same Hukm as Khamr. This is despite understanding its reality not being a difficult matter. That is because it is an alcohol substance that is extracted from the grape or date and then when a specific aroma (or flavour) is added to it like anise, it becomes Khamr. After some concentrated fragrances are added to it so that it becomes cologne. As such it is Khamr, all that is in it is Khamr and it is even possible to drink it directly thus leading to intoxication. This simple example makes clear the extent of the importance of acquiring knowledge of the reality when attempting to deduce a Hukm for it. Similar to this applies to many of the newly arising issues (Masaa’il) like those which take place currently in respect to the actions related to the transferal of money and currency exchange amongst other actions. As a result, the people fall into sin without knowing that because they are not knowledgeable and unaware of what they are undertaking. We ask Allah Ta’Aalaa to forgive us and them.
There are matters which are much greater than these Juz’iyaat (partialities) in which the ignorance of the ‘Ulamaa and those directing the Ummah in respect to their reality has led to them believing in them, calling to them and considering them to be from Islaam. These include the issues of freedom, democracy, socialism, fraternity, equality and share and stock companies in addition to other concepts that have infiltrated our Islamic society as a result of the absence of the aware Faqeeh who understands the affairs of the time or age and the newly arising matters within it. The above is all in relation to understanding the reality and its importance.
Secondly: Istinbaat (deduction of the Shar’a rulings) requires a good knowledge of the Arabic language that enables the one undertaking the deduction to understand the texts in a precise and accurate manner. That is because the texts came in Arabic language utilising the highest styles and most eloquent expressions. It is therefore not possible for other than those who are knowledgeable in respect to the language and aware of its styles to understand these texts precisely or accurately.
Thirdly: Familiarity with the texts; the Qur’aan and the Sunnah. To understand what they contain in terms of Ijmaal (ambivalence), Khusoos (specificity), ‘Umoom (generality), Usool (fundamentals), Furoo’ (branches), knowledge of the Asbaab An-Nuzool (causes of revelation) and knowledge of the earlier and later (texts) to know the Naasikh (abrogating) and the Mansookh (abrogated) in respect to them, amongst other such matters.
It is noticeable that these three matters represent the fundamental matters that must be fulfilled within the process of Istinbaat (deduction of the Shar’a rulings) i.e. within the process of Ijtihaad the presence of which the Fuqahaa have said is Fard Kifaayah which means that it is Fard upon the whole Ummah to have present within her the one who will undertake this process covering the needs of the Ummah so that her actions and relationships can be regulated and made to proceed in accordance to the Hukm Ash-Shar’iy. This in the case where it is Fard ‘Ain upon every Muslim to abide by the Hukm Ash-Shar’iy in each and every one of his actions. As such it follows that if the presence of the one who deduces the Ahkaam Ash-Shar’iyah to regulate the actions of the people is not fulfilled, that this means the suspension of the actions of the people or the necessity of them regulating their actions by other than the Hukm Shar’iy which is a great sin that the whole Ummah would bear and share collectively as a whole.
Adopting the Hukm without vision or scrutiny, or without understanding the reality is not considered to be Ijtihaad and the one who does that is not considered to be a Mujtahid. That is because Ijtihaad means expending the utmost effort to deduce the Hukm Ash-Shar’iy from its Adillah At-Tafseeliyah (detailed evidences). Similarly, the mere appearance of a (perceived) Maslahah (interest) in a particular Hukm, followed by playing round with the texts to bring understandings that were not intended from them, in order to deduce that Hukm is not called Ijtihaad. Rather, that is called insolence in respect to the Deen of Allah and the one who does that is deserving of Allah’s punishment. Indeed, it is true that the door of Ijtihaad is open and that it is not allowed for it to be closed or to give a Fatwaa to close it because that would represent a great sin, the suspension of the Ahkaam Ash-Shar’iyah and forcing the people to regulate their actions by other than the Hukm AshShar’iy in the new issues and matters. Even though it is open, it is however only open to the ‘Ulamaa (people of knowledge) and not to the Juhalaa’ (ignorant). The Asl (srci nal position) in respect to the address of the legislator (Ash-Shaari’) is that it is directed to those who have believed and indeed to every individual from amongst them. However, the reality of the situation makes it evident that the believers are not all qualified to deduce the Hukm Ash-Shar’iy from the Daleel. They include amongst them the A’ajamiy (non-Arab) who does not know the Arabic language. Despite that he has been requested to regulate his action by the Hukm Ash-Shar’iy because the Qaa’idah Ash-Shar’iyah is ‘Adherence to the Hukm Ash-Shar’iy’ (At-Taqayyud Bi Hukmi sh-Shar’iy). In addition, the majority of the believers in some of the eras are not capable of deducing the Hukm Ash-Shar’iy from its Daleel. For this reason, the address is directed to those who have the capability to explain the Ahkaam and the ability to deduce them from their detailed evidences. / The one who examines those who are capable finds that they fall into one of three categories: The Mujtahid Mutlaq, Mujtahid Madh’hab and Mujtahid Mas’alah.
The Mujtahid Al-Mutlaq is the one who has the ability to undertake Ijtihaad in all of the Masaa’il (issues) and built upon Usooli principles (Qawaa’id) that he has arrived at by his understanding and comprehension. This means that to begin with the three conditions that we mentioned previously have to be fulfilled within him. I mean by these the understanding of the reality and acquiring depth in it, a wide and deep knowledge of the Arabic language and comprehensive knowledge of the Sharee’ah. This is in addition to meeting the aptitude (i.e. capability) of Ijtihaad that enables him to put down Qawaa’id Usooliyah (Usooli principles) through which he understands the texts i.e. he has a specific (or particular) method to understand the text (An-Nass). There are also other Shuroot (conditions) that the Fuqahaa have mentioned.
The Mujtahid Al-Madh’hab has the same conditions that must be met with the Mujtahid Al-Mutlaq apart from the fact that he restricts himself to the Usooli principles of the Madh’hab i.e. he understands the texts in accordance to the same Usooli principles that the Madh’hab has adopted. So for instance of the Qaa’idah Al-Usooliyah for the Madh’hab states that the command form (Seeghat ul-Amr) established Wujoob (obligation), then the Mujtahid of the Madh’hab adheres to this principle in his understanding of the command form (Seeghat ul Amr). His Istinbaat (deduction) of the Ahkaam would be built upon this principle and so when the command form is presented before him within a particular text he would adopt that what the text has commanded is obligatory (Wujoob). The same would apply if the Mujtahid Al-Mutlaq or the Mujtahid Al-Madh’hab adopted a
different principle (Qaa’idah) like if he was to adopt that the Seeghat ul-Amr (command form) merely establishes the request (Talab) and does not divert from that except by a Qareenah (connotation or linking indication). It would then be natural for the Mujtahid AL-Madh’hab to adopt this principle and then understand the texts in accordance to it and then deduce the Ahkaam based upon this Usooli principle. The Madh’hab is therefore distinguished from another Madh’hab by the host of Usooli principles that the Madh’hab has adopted and the manner that the texts are understood through them. This is in addition to other criteria in respect to having knowledge of the Sihhah (validity/soundness) of the Ahaadeeth amongst other issues.
As for the Mujtahid Al-Mas’alah (of the issue), then he is capable of understanding the text and pursuing a single Mas’alah (issue) and its Daleel and the Daleel of the Mujtahideen in respect to that issue. This is the Asl (srcinal position) in respect to every Muslim that he has the capability or that he works to be able to have the capability in order to understand the text thus enabling him to know the specific Hukm Ash-Shar’iy for his Mas’alah (issue) and particularly because he is the most aware of its reality as it represents his Mas’alah. Just as he must work to understand the reality of his issue (Mas’alah) in an accurate (precise) manner. All of this is the srcinal position in respect to the Muslim where he possesses the ability actually because in truth he possesses the capability in terms of power (prowess). That is because he has within him the intellectual capability that would enable him to understand the reality of his problem and he also possesses the capability to learn what is required in order to understand the text, pursue the opinions of the Fuqahaa and their evidences in regards to the Mas’alah. However, it is very unfortunate that this is not the reality of the people and the ability from amongst them to perform Ijtihaad within a single issue is very rare. By the favour of Allah Ta’Aalaa such as a person exists even though it is rare. It is necessary for there to be work undertaken within the Ummah to prepare the fertile ground and suitable environment that will lead to the production of a great number of Mujtahideen in the Mas’alah.
Nevertheless, it is necessary to pay attention to the Shuroot (conditions) that have to be met within the individual. In respect to this there is the Da’wah of the Salafiyeen who focus upon this point and view that it is obliged upon the individual to understand the Hukm of Allah related to him in relation to the single Mas’alah (issue). They find fault and exception in the idea of At-Taqleed (imitation or following) to the point of viewing it as being prohibited and this is despite the absence in our current time of the fertile ground or suitable environment and the impermissibility of denouncing the Muqallid (imitator) whilst the Shar’a has permitted for him to make Taqleed.
It is also noticeable that after the recording of the Madhaahib of the Mujtahideen and the focusing upon the Qawaa’id and the Ahkaam (related to them), that the idea of Ijtihaad became weaker within the people until it reached the point that it was said that what was left to us by the early scholars is sufficient and so these schools of the Mujtahideen embraced the masses. However, instead of the idea of Ijtihaad being set ablaze and this flame being increased, instead of that, the people went forth in the direction of making Taqleed to this Madh’hab or that Madh’hab and the people became Muqallideen to this Madh’hab or that one, which in turn led to calls for the closure of the door of Ijtihaad and this was followed by its closing as long as the previous scholars had not left an opinion that was needed to be said.
The situation proceeded upon this course until we arrived to where we are now and until it became known that there is nothing in Islaam other than these well-known Madhaahib. It has reached the point where some will have the gall or insolence to say that there is no Madh’hab other than these well-known Madh’hab – Innaa Lillahi Wa Innaa Ilaihi Raaji’oon – As long as this remains the reality of the Ummah and the state of the Muslims in respect to Taqleed it is necessary to gain knowledge about the reality of the Muqallid and Taqleed. /
At-Taqleed: At-Taqleed in accordance to the ‘Urf (custom or definition) of the ‘Ulamaa means taking of the Hukm Ash-Shar’iy in a Mas’alah from another Faqeeh without vision (Ru’yah) or scrutiny, whether this is after knowing the Daleel Ash-Shar’iy from which the Hukm is deduced or without knowing the Daleel or enquiring about it. This then is the reality of At-Taqleed and it is observed that the Taqleed is of two types or categories: Taqleed ‘Aammiy and Taqleed Ittibaa’.
At-Taqleed Al-‘Aammiy: It is the taking of the Hukm Ash-Shar’iy by the opinion of a Faqeeh from among the considered or recognised Fuqahaa’ or even by just his enquiring about a particular Hukm to an ‘Aalim, Sheikh or a person he trusts in. He then commits to what this person has answered him with. That is because the concern of the Muslim is to know the Hukm of his action in respect to it being Halaal or Haraam. For that reason, the question, in most cases, is about whether a certain action is permitted or not. And in most cases the questioner commits to the answer that he hears whilst leaving the responsibility to the one who has answered him or to his parents who make Taqleed to one of the Fuqahaa. This is what the general masses are upon and the Muslim will be raised as a Muqallid to that Madh’hab without looking to the Daleel or asking about it. Indeed, and further to that, it has become a custom among the Fiqhiy schools for the A’immah (Imaams) of the Masaajid and their Khutabaa’ (Khateebs) to teach a host of Ahkaam Ash-Shar’iyah upon the Madh’hab that has been chosen without studying the Daleel or looking it up. One of the most famous books of this category which is the very famous book: ‘Al-Fiqh ‘Alaa Al-Madhaahib Al-Arba’ah’, in which the Fiqhiy Masaa’il are presented without their evidences and the opinions of the four Fuqahaa’ (Imaams) are mentioned without mentioning the evidences that they used in their deduction. It was only natural for an atmosphere like this to distance the thought of Ijtihaad from the minds of the Muslims and even from the minds of those who are active in the field of Fiqh.
Al-Muqallid Al-Muttabi’: Al-Muqallid Al-Muttabi’ is the one who takes or adopts the Hukm Ash-Shar’iy based upon knowledge of the Daleel and being convinced of it however he does not undertake an attempt to outweigh between (Tarjeeh) the evidences and the outweigh between the Ahkaam. Despite that, he is very concerned to take the Hukm along with its Daleel that the Faqeeh whom he has followed has explained. Even though the number of Muqallideen upon this way are few in number it nevertheless represents a key of goodness and generates within such a person a true feeling inside of him that he
is regulating his actions in accordance to the Daleel emanating from his Aqeedah just as it makes him feel that he is connected to the Wahi (divinely inspired revelation) that Allah (swt) has inspired to His Messenger Muhammad (saw) and not that he is just following the opinion of Ash-Shaafi’iy or Abu Haneefah or Ja’far or other than them. That is because having knowledge of the Daleel when taking the Hukm represents a connection link that strengthens the person’s linkage to the revealer of this Sharee’ah and to the one who conveyed it. It represents a fundamental element in respect to the human realising his connection to Allah ‘Azza Wa Jalla. It also represents an indication and sign of goodness in respect to beginning to think about taking the ruling directly from the Daleel without being restricted to the opinion of the Faqeeh when the conditions that enable him to do that are met so that he becomes a Mujtahid in a Mas’alah (issue). Most of those who came early were from the Muttabi’een due to their care and concern for the Adillah (evidences) however in our current time they number less than a little in spite of the large number of those who are learned. The Sahaabah and the Taabi’een and those who followed them launched out into the corners of the earth carrying Islaam to the people in addition to the language of Islaam, Arabic. The people then entered into the Deen of Islaam in crowds including the Arabs and non-Arabs. The non-Arabs then turned towards learning the language of Islaam in order to understand this new Deen from its source, the Kitaab and the Sunnah. The early Muslims from the Sahaabah and the Taabi’een use to undertake the role of the teacher for these peoples. They fell into the categories of the Mujtahid Mutlaq, the Mujtahid Mas’alah, Muttabi’ and ‘Aammiy despite the majority falling within the category of the Mujtahid Mas’alah.
However, when the age of recording (or writing down) began in the second century after Hijrah and the Mujtahideen began to record their Madhaahib, establish schools and study circles for these Madhaahib, it became widespread amongst the people to commit themselves to the Madhaahib in accordance to the strength of the schools and their weakness. That was followed by the era and age of the students who expanded upon the explanation of the Madhaahib and Madh’habiy Fiqhiy schools became widespread in the Ummah. The Khulafaa’ and Fuqahaa had refused to adopt a specific Madh’hab for the people in order to lift difficulty or hardship from them and that time became known as the golden age for the Islamic Fiqh and indeed for intellectual revival (Nahdah). In this age the main (Ummuhaat) Fiqhiy books were written which are still considered to represent the main references for Fiqh. They collated the Hadeeth and its sciences including the knowledge of the Rijaal (transmitters) amongst other areas of knowledge. This age continued in its progress and flourishing until the seventh century.
Then the age of Fiqhiy decline came as the Fuqahaa committed themselves to explanations and commentaries or making notes upon the opinions of the Fuqahaa who preceded them. Most of these explanations and commentaries were free of innovativeness, Istinbaat and Ijtihaad with the exception of those whom Allah was merciful upon. Some other ‘Ulamaa appeared who trod the path of Al-Fataawaa which represents the lowest form of Ijtihaad and indeed the lowest kind of authoring in Fiqh. The ‘Ulamaa proceeded in this to state the Masaa’il (issues) and Ahkaam without explaining their Daleel or without mentioning its angles and branches. These Ahkaam and Masaa’il were called Fataawaa. For that reason, it is not correct to take these Fatawaa as a source of reference for the Ahkaam Ash-Shar’iyah due to their distance from the method of Ijtihaad in respect to deducing the
Ahkaam Ash-Shar’iyah. That is because, as we have mentioned and explained earlier, the meaning of Ijtihaad is the expending or exertion of effort to deduce the Ahkaam Ash-Shar’iyah from its detailed evidences and this does not take place except by acquiring knowledge of the reality and gaining depth in respect to understanding it, whether this reality that is identified is present externally or identified in the mind with the consideration that it is present externally or it is probable to happen externally, which is followed by knowledge of the Adillah (evidences) related to this reality, the angle of deduction in respect to them, a complete awareness of the Arabic language; the meanings of its worded expressions (Alfaazh), its constructs, sentences and styles, in addition to a wide knowledge of the Islamic areas of knowledge. Therefore, the process of Ijtihaad is undertaken by the Mujtahid who encompasses all of these attributes and has the aptitude for Ijtihaad. He would then understand the reality with a good understanding, then examine the texts related to it and the angle of their implications/indications (Dalaalaat) based upon the comprehensive principles (Qawaa’id Kulliyah) that explain the manner of deduction and understanding. This is whilst Ijtihaad is not the presentation of Masaa’il (issues) and Ahkaam which are them compiled together in a book without mentioning their evidences or their angles of deduction like what is found in the book ‘Al-Fiqh ‘Alaa l-Madhaahib Al-Arba’ah’ and other similar to that, or what has been called ‘Al-Muraasilah Al‘Amaliyah’ (practical correspondence) in which the Ja’fariyah Fuqahaa dispatch to those who imitate them.
As we have said, the Muslims as a collective have become Muqallideen and the ‘Ulamaa have been silent over that. Firstly, from the angle of the permissibility of Taqleed: The Shar’a has permitted the Muslim to follow the opinion of others by taking the Hukm Ash-Shar’iy from someone else without vision or scrutiny just as it has (also) permitted for him to take the Hukm with knowledge of its Daleel and conviction in it. However, sadly, those ‘Ulamaa have come to adopt the same Tareeqah (way or method) in respect to teaching. The Mashaayikh, ‘Ulamaa, Khutabaa’ and Imaams of the Masaajid have restricted the matter of learning to the memorisation of a great or large host and collection of Ahkaam Shar’iyah without the acquisition of the knowledge of the Daleel from which these Masaa’il and Ahkaam are deduced from. This is what the Muslims are suffering from in this current day and age. /
The manner by which the Dustoor (constitution) and Qawaaneen (laws) are set to guarantee the Fiqh of the Qudaah (judges) and the course of the rulers We have explained that the Kitaab and the Sunnah and what these two have guided and directed to represent the Adillah Ash-Shar’iyah Al-Mu’tabarah i.e. the Kitaab, the Sunnah, Al-Ijmaa’ and AlQiyaas, and that what these four Usool (foundations) comprise of in terms of Nusoos (texts) or ‘Ilal (reasonings) represent the Adillah At-Tafseeliyah (detailed evidences) from which the Ahkaam are deduced. We have also explained that the Arabic language represents the only means to understand these texts and that the Qawaa’id Al-Usooliyah in respect to understanding these texts represent the manner in accordance to which these texts are reasoned and the Ahkaam deduced from them.
After the reality upon which a Hukm is being sought to be deduced for has been understood i.e. after a thorough study of the problem/issue, and knowledge of all of its aspects, matters related to it
and its source, the deduction of the Hukm takes place upon that basis and this represents the Tareeqah (method) that the Fuqahaa of the Ummah and her A’immah proceeded upon.
This is what we witness from what they left behind for in terms of a Fiqhiy treasure the like of which no other juristic treasure in the world can compare with. Their writings have remained as a reference point for the Muslims across the eras until our present day albeit in Masaa’il and problems that they lived through or came across at their times. As for the newly occurring matters related to incidents, problems and relationships amongst the people which did not exist in their time, then in respect to these it is necessary to follow the same method that they followed in order to deduce the Ahkaam because it is the considered (Mu’tabar) Shar’iyah method.
In addition, we negated the permissibility of referring back to what has been called Fataawaa which is to present or list the Shar’iyah Masaa’il without mentioning their Daleel or the angles of deduction (Wujooh Al-Istidlaal) or without explaining their aspects and branches. Similarly, it is not permissible to make the reference sources that have been written upon the legislative codification method a reference source for the Ahkaam Ash-Shar’iyah or as a basis for them because they represent a manifestation of imitation to the western laws. This is in the case where the rulers in the age of decline resorted to formulating a host of the Ahkaam Ash-Shar’iyah in the form of laws in imitation to what existed in the West in terms of constitutions and laws. However, the result was a deformation of the Ahkaam Ash-Shar’iyah and a neglect of them in terms of law formulation in the form of a host of Ahkaam Ash-Shar’iyah. As for it representing a disfiguring or deformation of the Ahkaam Ash-Shar’iyah then this is because what they presented was a summary of Fiqhiy issues. It represented the taking of the Hukm in a partial or incomplete manner in the case where the evidences for the Hukm, the angle of its textual indication, branches and other aspects were not shown or revealed. In the majority of cases the Fiqhiy Masaa’il were taken that did not have a Daleel or were based upon a weak Daleel (evidence).
And (in this age of decline) the West was able to insert a number of Masaa’il which had been taken from the Roman and French jurisprudence or issues which were meant to be in line with the spirit of the age which was accompanied by the interpretation of the Ahkaam to be in line with the western legislation. From amongst the most serious and dangerous insertions was the Fatwaa that stated that ‘whatever does not violate (or contravene) Islaam is permitted to take’. This is whilst those who presented this paid no attention to or were ignorant of the fact that Islaam had been brought by Wahi and not that which does not go against the Wahi. That is because the only source in Islaam is the Wahi whether this was the Qur’aan, the Sunnah or what these two direct to like the Ijmaa’ and Qiyaas. As for that which does not go against or violate then it is not Islaam and is not allowed to take it. Yes, it is true that the thoughts that do not contradict with the Islamic Aqeedah and the sciences (‘Uloom) and areas of knowledge (Ma’aarif) that do not contradict the Islamic Aqeedah are permitted to be taken and to build them upon the Islamic Aqeedah, however, the Ahkaam AshShar’iyah which regulate the conduct of the people and their relationships only has one source and that is the Wahi and nothing apart from the Wahi. This Fatwaa brought a lot of calamities upon the Ummah and Fiqh as that which had no place in the Islamic Fiqh was inserted into it and matters were inserted into the state legislations and systems that were not representative of Islaam. As a
result of this a host of laws were inserted under the pretext that they do not contradict or go against Islaam.
This all relates to the disfiguring and distortion of the Ahkaam Ash-Shar’iyah in addition to revealing the absence of the legislative aspect and its distance from Ijtihaad. That is because this approach is not suitable for application and by greater reason not viable to be a source of reference for Fiqh. Its presence represented a calamity in respect to the Fiqh and legislation because it represented an attempt to imitate the West and weakened the people’s understanding of the Islamic Fiqh. This is whilst, as we mentioned earlier, that the like of the Islamic Fiqhi reference sources and the Fiqhi treasures that exist within the Islamic Ummah do not exist within any other nation from amongst the nations and even if they were all to come together.
However, the love for Taqleed and the Muslim’s bedazzlement of the lights of the European industrial revolution and the scientific progress and advancement blinded the sight of those who were responsible over the affairs. So they went forth in their imitation of the West and began to play around with their Fiqh so that it would fit with what the West had and what they perceived to be suitable for the age that they were in. The result was therefore represented a calamity upon them, the loss of their might and the destruction of their State. This is related to the deformations and distortion of Islaam and the attempt to make it proceed along with the age.
As for the negligence and shortcomings in respect to the law drafting then that is because the meaning of law formulation or drafting is the setting or putting down of comprehensive principles (Qawaa’id Kulliyah) or general Ahkaam under which a host of laws that treat the partial issues and branches of that problem fall.
This is what the legal or law drafting (formulation) means however these reference sources were an expression of a collection of Fiqhi (juristic) texts of some of the Fuqahaa (jurists) which were presented as a series of numbers (i.e. as a list). Instead of there being comprehensive principles underneath which these Fiqhiy issues fell, these issues themselves became the articles. That which came within them in the form of principles were in fact not principles but were rather definitions that had been transferred from the books of Fiqh.
We will now summarize the impermissibility of taking these writings as reference sources to the following reasons:
1 – The copying over of the Ahkaam Ash-Shar’iyah and presenting them without Adillah or with weak Adillah (evidences).
2 – The attempt to interpret the Ahkaam Ash-Shar’iyah in accordance to what fits the society and goes along with the time (era).
3 – The following and imitation of the West in respect to the system of codification.
4 – Making what doesn’t oppose the Shar’a a Daleel Shar’iy that makes permissible the taking of Ahkaam and solutions from other than Islaam.
5 – Their lacking in respect to the legal drafting or formulation which means placing down comprehensive principles (Qawaa’id Kulliyah) and Ahkaam ‘Aammah (general rulings) under which the partial rulings fall under and not making the Fiqhiy issues just a legal indifferent list.
6 – From all of this, the ignorance of the judges and rulers in respect to the manner of applying Islaam and ruling by the Shar’a of Allah to solve the problems of the people and regulate their life, was established. / For this reason, it became necessary to lay down an action plan and explain a single method for the putting down of the constitution and laws that would guarantee the Fiqh of the judges and rulers. We will summarize this method in the following matters:
Firstly:
That the human problems are studied and then a Dustoor (constitution) is put down for them. It would be in the form of Qawaa’id Kulliyah (comprehensive principles) or general Ahkaam AshShar’iyah whilst it would be derived from the Islamic Fiqh on the basis that it is either taken from the opinion of a Mujtahid from amongst the Mujtahideen alongside its evidences with conviction in them, or from the Kitaab, Sunnah, Ijmaa’ or Qiyaas but by way of a Shar’iy Ijtihaad and even if it was a partial Ijtihaad i.e. Ijtihaad of the (single) Mas’alah. In the reasons presented lying behind each of the articles (in the constitution) the Madh’hab that has been relied upon should be indicated to in addition to its Daleel, or the Daleel that it has been deduced from. The bad situation that the Muslims are current in or the reality of other nations should not be looked at and absolutely no regard should be given to the non-Islamic systems at all.
From this it can be said: That the human problems are known and it is possible to specify then in an accurate manner and as such place down suitable solutions for them. Therefore, when these problems are studied it is necessary for the first basis in respect to them (i.e. the first problem) to be the Qaa’idah Al-Fikriyah (intellectual basis) that is held i.e. the basis that he launches from in respect to vision and solving all of his problems in life. This means solving his fundamental problem of the human being which is the Aqeedah and specifying the place and standing of this Aqeedah within his life.
The solution would consequently be like: “The Islamic Aqeedah is the basis of the State and the basis of the constitution and Shar’iyah laws in the case where it is not permitted for anything to exist that has a relationship with either of these two matters except that they emanate from the Islamic Aqeedah”. In this way the legislative source for any problem within the life of the State, society and individual would have been set (defined and specified).
The same applies when the human problems in the issue of ruling are examined. So the problem is studied and what is fitting for it is deduced and principles and general rulings are then placed down underneath which all of the Ahkaam which treat the partial matters of this problem fall. As such the following article is placed down:
The ruling system is established upon four principles: 1 – As-Siyaadah Li-sh-Shar’i (sovereignty belongs to the Shar’a) and not to the people. 2 – As-Sultaan Lil-Ummah (the authority belongs to the Ummah). 3 – Appointing one head of State is Fard upon the Muslims. 4 – The head of State has the sole right to adopt the Ahkaam Ash-Shar’iyah.
Similarly, when the social aspect is examined the problem is treated in the same way. The following Qaa’idah would be placed down: ‘The srcinal position in respect to the woman is that she is a mother, housewife and honour that must be safeguarded’. And the same applies in respect to the economic system and so after studying this human problem an article would be placed down that would represent a Qaaa’idah (principle) underneath which all of the other economic solutions, in their consideration as being Ahkaam Shar’iyah, would fall under. This principle would be as follows: ‘The economic problem is the distribution of wealth and benefits upon the individual subjects and facilitating them to benefit by them by facilitating thetaking of their possession and the striving for them’.
This also applies to the safeguarding and treatment of all of the human problems such as those which relate to the preservation of the life, the preservation of the mind, dignity, lineage, progeny, society, security and the preservation and protection of the Deen.
This then represents the manner by which the Dustoor (constitution) and Qawaaneen (laws) are organised upon this basis and this method. This is on the condition that the reference that each of these abstracted articles was taken from is added to it like the Mujtahid who held the the opinion and the Daleel that he based his deduction upon, or the Daleel from the Kitaab, the Sunnah, Ijmaa’ or Qiyaas that it was deduced from.
Secondly:
To place down the Ahkaam Ash-Shar’iyah has draft laws for the punishments, rights, testimonies and other areas upon the previous basis in accordance to the Dustoor along with an indication towards the Madh’hab and Daleel so that the formulation can be legal through general principles in order for it to be a Fiqhiy (Juristic) source of reference for the judges and rulers.
Thirdly:
To make the Shar’iyah texts, the Islamic Fiqh and the ‘Ilm of Usool ul-Fiqh the source of reference for the explanation of the constitution and law for the judges and rulers so that the means to acquire a deep understanding is prepared and made ready for them.
This necessitates an explanation of the Dustoor and the Asbaab Al-Mujibah (motivating reasons) and to present the Usooli principles and the opinions of the Fuqahaa in respect to these articles and laws, accompanied by an explanation of the evidences that they were deduced from alongside its angle of indication, the manner of deduction and other than that which would allow the judges and rulers to be fully aware of their affair. This would facilitate for them a deep understanding of these treatments which would enable them to apply them upon the realities that occur. / This would facilitate for them a deep understanding of these treatments which would enable them to apply them upon the realities that occur. Therefore, distinguishing between Al-Hudood, AlJanaayaat, At-Ta’zeer and Al-Mukhaalafaat despite all being ‘Uqoobaat (punishments) is an essential matter. As such, the judgment for the intentional or deliberate killer is Qawad (retaliation) or death (Al-Qatl), the verdict for the Murtadd (apostate) is Al-Qatl (death) and the ruling of the Zaani AlMuhsin (Married adulterer) is death by stoning. However, by examining these punishments we find that the killer is pardoned if the family of the murdered person is accepting or content with blood money. This is whilst the Zaani Al-Muhsin is not pardoned under any circumstances and the opinion of the one adulterated with or her Waali (guardian) holds no value and is not worth anything. In the case of apostasy, the person is pardoned through his repentance alone and returning to Islaam. As such, differentiating between the Janaayaat, Hudood, Ta’zeer and Mukhaalafaat is a necessary matter. Al-Hudood: That is because the Hudood is a punishment upon the Haraam act that the Shaari’ has defined, set and specified its punishment like Zinaa, Saraqah (theft), Al-Qadhf (slanderous accusation) and others. These represent the Hudood (limits) of Allah and nobody has the right to drop them and not even the Khalifah or person involved (or victim).
Al-Janaayaat: In respect to the Janaayaat, then these are the prohibited acts where the Shaari’ (Legislator) has defined or specified their punishment, whilst attaching the right of the servant (Haqq Al-‘Abd) to them, so that it is left to the servant to take his Haqq or Al-Qisaas (law of retribution). This is like the cases of murder, severing of a limb (body part, damage or inflicted wound/injury.
At-Ta’zeer: It is the punishment upon the Haraam acts that the Shaari’ (Legislator) has not specified its specific punishment and has lefts it estimation or evaluation to the Qaadiy which he evaluates according to what he sees to be a deterrent to its likes. This is as the punishments act as deterrents (Zawaajir) and rectifying (Jawaabir) because they act as a deterrent to prevent the people from undertaking the action and they rectify the sin and punishment of the Aakhirah in respect to those upon whom the punishment falls in the Dunyaa.
Al-Mukhaalafaat:
These are prohibited acts due to their contravention or violation of the public opinion that the State has adopted in respect to regulating the affairs of the people. The punishment for it is regulated by a Qaanoon (law) related to it.
The above represents a general and brief summary of the ‘Uqoobaat (punishments) and it is necessary for there to also be something in place related to the Huqooq (rights) and Bayyinaat (laws of testimonial evidence) so that these laws can be regulated under general principles (Qawaa’id ‘Aammah) through which the legal framework can be completed for these laws and the work of the judges and rulers can be facilitated.
However, the Qaadi (judge) is bound by what the State has adopted in terms of Ahkaam, Qawaaneen (laws) and Qawaa’id (principles) and he does not have the right to violate that adoption ever. That is because of the principle: ‘The command of the Imaam is to be implemented outwardly and inwardly’ (Amr ul-Imaami Naafidhun Zhaahiran Wa Baatinan). Even if the Qaadi was a Mujtahid it is impermissible for him to pass judgement in a Mas’alah (issue) against that which the State has adopted. If, however, an issue is presented before him and the State has not adopted a Hukm Shar’iy in it, then in this circumstance and situation he can pass judgement with the Hukm Ash-Shar’iy that he views to be applicable to it; whether this is arrived at by a Shar’iy Ijtihaad from him or based upon the Ijtihaad of another Mujtahid. If it was from his own Shar’iy Ijtihaad then he must abide by the adopted Usooli principles (Al-Qawaa’id Al-Usooliyah) when undertaking Ijtihaad in that Mas’alah (issue). /
Fourthly: That attention is made when the Ahkaam are being deduced and when they are being adopted to understanding the reality and gaining a deep understanding of it. And to understanding what is obliged in respect to treating the reality from the Daleel Ash-Shar’iy which is the understanding of the Hukm of Allah that He has judged with in this reality and then one is applied upon the other. Said differently, that through acquiring knowledge of the reality and a deep understanding of it, the knowledge of the Hukm of Allah is arrived at or reached. It can be easy to deduce the Ahkaam AshShar’iyah from the Shar’iyah Nusoos (texts) after fulfilling the necessary conditions for that. That is because the Nusoos (texts) are Arabic texts, it Dalaalaat (implications and meanings) are known and it is possible for the one who has the aptitude for Ijtihaad and possesses sufficient knowledge of the language and the essential Shar’iyah areas or disciplines, to know the ‘Ilal (reasons) for the texts and the angles of the indications and branches.
However, that does not mean the treatment of a particular reality because the Istinbaat (deduction) is completed by extracting what the texts comprise of in terms of Ahkaam. This does not however treat the currently occurring realities even though the Ahkaam Ash-Shar’iyah represent practical Ahkaam for the treatment of currently occurring realities and are not theoretical sciences. As such,
understanding the reality and gaining a deep understanding of it only represents half of the issue. That is because the Mas’alah (issue) represents treating the reality in the case where it is not possible to treat the reality except after understanding it, acquiring knowledge of it and gaining a deep understanding of it so as to know its roots, aspects and branch elements. From them the treatment or solution is sought and that occurs through knowledge of of the texts that are connected or related to that reality foloowd by the Istinbaat of the necessary solution or treatment. This relates to one aspect or angle. As for the other and most important, then it is that when this reality is studied to treat it, that the purpose and intent is to know the Hukm of Allah in respect to it and not (just) its unrestricted treatment. This aspect represents the control for being restricted to the Nusoos and for keeping clear of the use of the ‘Aql (mind), being influenced by the desire or whim (Hawaa), the matters of the time and demands of life or Maslahah and other such matters. The control for all of that is to make the intent and purpose to know the Hukm of Allah in respect to this reality. Making the acquisition of knowledge of the Hukm of Allah the basis in respect to deducing any Hukm Shar’iy (i.e. any treatment for any particular reality) means making the Islamic Aqeedah and what it has brought, the source of legislation and the source of treatment for every Mas’alah (issue) the human confronts and faces. This is what makes the basis in the legislation a spiritual basis and makes regulating the actions and organising human life the mixing of the matter with the spirit.
In conclusion this paragraph (or section) contains three points which are:
1 – The understanding of the reality and gaining a deep understanding of it (At-Tafaqquh). This is so that the matter is not confused and treatments are provided for a reality other than the reality that is being examined as a result. Examples of such a matter are abundant in our current time as the misunderstanding of the reality is what has enabled the people of misguidance or ignorant to say that ‘freedom’ is from Islaam, that socialism and democracy are from Islaam and that the ruling system in Islaam is Shouraa amongst many other matters.
2 – The Istinbaat (deduction) of the Hum Ash-Shar’iy i.e. the treatment (or solution) from the detailed evidences. This means that they are deduced from the Kitaan and the Sunnah or what these two sources guide to in respect to Al-Ijmaa’ and Al-Qiyaas. In other words, it means making what the Wahi has brought the only source of legislation alone.
3 – Making the basis when examining or looking into the treatment of any reality the acquisition of the knowledge of the Hukm of Allah in respect to that reality.
After these three points the application of the Hukm Ash-Shar’iy deduced from the Daleel upon the reality that is being studied and being attempted to be understood takes place. The solution would then have been established upon a single spiritual (Roohiy) basis which is the knowledge of the Hukm of Allah in respect to the issue. This then represents the Tareeqah (method) that must be followed when putting down the articles of the constitution and laws so that the judges and rulers are enabled to undertake their obligation and implement the Islamic treatments (or solutions) i.e. the Ahkaam Ash-Shar’iyah, in their consideration as representing the Hukm of Allah on respect to those issues.
/ The State and the implementation of the Shar’a
The Islamic State represents the juristic (legal) personality that has been addressed with the general Ahkaam in terms of it being the representative or deputy on behalf of the Muslims in respect to all that has been requested or requested from them in their description or capacity as a collective (jamaa’ah) or an Ummah. And it is responsible for undertaking the burdens of the Da’wah to Islaam and indeed this represents its main work due to understanding the address:
And thus we have made you a just (or best) Ummah to be witnesses over mankind and the Messenger will be a witness over you (Al-Baqarah 143).
The Shahaadah (witness) of the Muslims over mankind will not occur unless they convey Islaam to them and this cannot be accomplished by individuals. Rather that is the task of the State in its capacity as the representative on their behalf in regards to the conveyance and indeed in respect to all of the actions and general Takaaleef (entrusted legal responsibilities). This includes the protection of the frontiers, the preparation of the armies, the taking care of the affairs and the establishing of the Hudood. These general Takaaleef and what the Muslims have been addressed with as a Jamaa’ah (collective) are representative of the actions of the State in its description as being the representative acting on behalf of the Muslims. It represents the Tareeqah (method) in regards to the implementation of Islaam in relation to the caretaking of the affairs, establishing the Hudood, maintaining security and carrying the Da’wah.
As Islaam has permitted the existence or presence of non-Muslims under the shade of the State in terms of Ahlu dh-Dhimmah, then, as such, it is possible to consider anyone who carries the citizenship (Tab’iyah) of the State to be representative of two categories or types; the Ahlu dhDhimmah and the Muslims.
Despite that, the Islamic State applies the Islamic Shar’a upon everyone who holds citizenship; the Muslim and non-Muslim. The Islamic Shar’a has specified the specific Ahkaam Ash-Shar’iyah related to the Ahlu dh-Dhimmah and the matters that are specific to them. This is in the case where the application of Islaam upon them represents a Da’wah (invitation) to them to embrace Islaam when they witness the good manner of caretaking and the justice of the legislation in addition to seeing the thoughts, Ahkaam and Aqeedah of Islaam without distortion and fabrication. Consequently, the Tareeqah (method) of Islaam in respect to spreading it, is its application upon the people until no room or space is left for the one who creates doubts or misleads.
The Islamic State therefore applies the Ahkaam that are specific to the Ahlu dh-Dhimmah upon the Ahlu dh-Dhimmah thus leaving them to what they believe in and worship:
There shall be no compulsion in [acceptance of] the Deen. The right course has become clear from the wrong. So whoever disbelieves in Taghut and believes in Allah has grasped the most trustworthy handhold with no break in it. And Allah is Hearing and Knowing (Al-Baqarah 256).
They are dealt with in respect to their foodstuffs and clothing in accordance to their religions whilst the personal matters amongst them such as marriage and divorce are resolved according to their religion, all within the framework of the general system. The meaning of being with the ‘general system’ is that nothing appears in the public life (i.e. openly) that is contrary to Islaam. So for example, it is no permitted for them to open shops selling alcohol, slaughter houses for pigs, for the sound of church bells to be raised and for their women to appear in a manner of violation amongst other similar matters that fall within the public life.
The most evident of what came in this area is what was stated in the first Islamic constitution as dictated by the Messenger of Allah (saw) upon the writing hand of ‘Ali Ibn Abi Taalib, in the attendance of the notables of Al-Madinah, the Muhaajiroon and Jewish leaders, and was then signed upon by all. Similar to that is what came in the ‘Umariy covenant (in respect to Palestine) which came to be the source of reference for the Khulafaa’ and Hukaam (rulers) in relation to the treatment of the Dhimmiyeen (Ahlu dh-Dhimmah).
As for the remainder of life’s affairs then the Qaa’idah (principle) in respect to that is clear and explicit: “They have what we have in terms of Insaaf (just treatment) and what is upon us is upon them in terms of Intisaaf (justice)”. The State therefore undertakes their caretaking just as it takes care of the Muslims equally and without any difference. The Messenger of Allah (saw) said:
“Whoever harmed a Dhimmy then he has harmed me”
What must be made clear is the meaning of the term ‘Dhimmah’ (protection). When the Khalifah provides the Dhimmah to non-Muslims he only gives that on behalf of the Muslims as a whole whilst no one, no group, people of a particular region from the Islamic regions, has the right to return back or rescind that which the Imaam has given the people of Dhimmah. Any problem that occurs between a group or collective of Muslims and the people of Dhimmah must be passed through the Imaam for him to deal with it and resolve it. If there does not exist and Imaam for the Muslims, then they remain upon their ‘Ahd (covenant and what had been agreed with them) and problems between them and the Muslims are dealt with just as problems that occur between the Muslims themselves are dealt with and solved. Even if fighting and killing takes place between then like what happened in Lebanon previously for example and some other places, then this action does not mean or signify the breaking of the (covenant of the) Dhimmah or that it is removed from them. That is
because that group from the Muslims does not represent the Muslims as a whole; the Dhimmah of the Muslims is one and no one possesses the right or mandatory powers to give it or abolish (cancel) it apart from the one who has been delegated by the Muslims to act on their behalf.
The application of Islaam and its Ahkaam upon non-Muslims represents the only Tareeqah that the Shar’a has explained for the carrying of the Da’wah. Therefore, Al-Jihaad, conquests, fighting the disbelievers, the acceptance of Al-Jizyah from them and providing them with the Dhimmah are representative alone of the method that the Shaari’ (legislator) has explained in relation to spreading Islaam. For that reason, the Ahkaam related to the people of Adh-Dhimmah must be completely clear.
What is intended by the Jizyah is not that it is just a revenue for the Bait ul-Maal (State treasury) and that it should be viewed from an economic angle. That is because that would go against and be contrary to what is intended from placing the disbelievers under our care and guardianship. The only objective is to take them out of the darknesses and into the light. This Tareeqah (method) makes them see the justice of legislation, the truth of the thoughts and the clarity of the Aqeedah without falseness, deception and propaganda.
What must be the centre of the Muslim’s attention is their srcinal (or primary) work. That is the carrying of the Da’wah which the State has been deputised to undertake on their behalf and specific Ahkaam have been specified for the State in respect to that.
As for the rest of the Ahkaam, then the State applies them upon all those who carry the citizenship. This is under the consideration that the Ahkaam of Islaam have come for all of the people and to treat all of the problems of the human being in his human description. There is no difference in regards to that between one human and another.
That which distinguishes the Muslim from others in relation to this matter is that his primary work in life is to carry this Deen and that he be characterised with what the Shar’a has obliged upon him in respect to morals and attributes, committed to the relationship with his creator in accordance to the manner that has been defined and specified for him and adherent to the manner that has been explained to him in respect to his relationships with others. This is all so that his carrying of the Da’wah can be complete and fulfil all of the conditions that make his carrying of the Da’wah effective and influencing. It is therefore essential to continuously comprehend and realise this aim and particularly whilst we hear the speech of Allah Ta’Aalaa:
Indeed, Allah has purchased from the believers their lives and their properties [in exchange] for that they will have Paradise. They fight in the cause of Allah, so they kill and are killed. [It is] a true
promise [binding] upon Him in the Torah and the Gospel and the Qur'an. And who is truer to his covenant than Allah? So rejoice in your transaction which you have contracted. And it is that which is the great attainment (At-Taubah 111).
That is in addition to the Aayaat that are beyond limitation and the Noble Ahaadeeth which have explained this matter, making this aim and objective clear and evident, and which the Muslim believers must concentrate deeply within themselves making it the focus of their attention. That is because the Muslim exists in this life to carry the Da’wah and the Islamic State similarly exists in order to carry the Da’wah by preparing the Muslims for that:
And thus we have made you a just (or best) Ummah to be witnesses over mankind and the Messenger will be a witness over you (Al-Baqarah 143).
The work and action dictates that the Ummah is an Ummah Wasat (middle and best) and from there we undertake the act of witnessing over mankind by undertaking the same role that the Messenger of Allah (saw) undertook. That is the stirring and stimulating conveyance, followed by the ruling and the application.
It must not be absent from the mind for a single instant that the primary work of the individual is the carrying of the Da’wah and that he be characterised by the qualities and attributes that the Shar’a has specified. This means that he must be qualified and have the aptitude to undertake this Da’wah just like a doctor or engineer must be capable and qualified in their fields. That is because it is not permissible for someone to undertake his profession unless he was prepared for that, fulfilling its conditions, attaining its certifications and being registered within the profession amongst other matters. Similarly, the carrier of the Da’wah must be fully prepared for that work where his certification in respect to that is the elements that form the individual manifested in the sound and upright Aqeedah, the righteous ‘Ibaadah and Akhlaaq and a conduct based upon the Halaal and the Haraam.
In the same way, the primary work of the Islamic State is the carrying of the Da’wah however it is obligatory upon it, when it undertakes the carrying of the Da’wah, to be established upon the application of Islaam upon its citizens in a complete and comprehensive manner in all areas; ruling, economics and social amongst others including the Mu’aamalaat and the ‘Uqoobaat, and that is so that it can be qualified to carry the Da’wah and undertake its main and primary work and function. /
At-Tareeqah (the method) What we mean by the Tareeqah is the Kayfiyah (manner or way) by which the Ahkaam of the Fikrah are implemented. Said differently, it refers to the Ahkaam Ash-Shar’iyah by which the Ahkaam Ash-
Shar’iyah related to the Mu’aalajaat (treatments/solutions) are implemented. In clear words we say: That by examining the host of the Ahkaam Ash-Shar’iyah as a whole that Islaam has brought we find that there are Ahkaam that have come to treat the problems of the human in life; like the Ahkaam related to the Aqeedah, the Ahkaam related to protecting or safeguarding the Nafs (human life), the mind of the human, his dignity, procreation, lineage, ownership, properties and his life with others in addition to his state and his security. These represent a broad outline for all of the problems faced by the human in life and the Ahkaam Ash-Shar’iyah have come to treat these problems with a treatment that fulfils for the human tranquillity and stability.
However, these treatments or solutions did not merely come in the form of an admonition or advice that the Muslim abides by due to the motivation of the Taqwaa (fear) of Allah, but rather other Ahkaam Shar’iyah came to explain and make clear the manner by which these treatments and solutions are to be implemented. For that reason, we say that Islam is a Mabda’ (ideology) as it is an Aqeedah ‘Aqliyyah (intellectual or rational belief) from which a Nizhaam (system) emanates and it is a Fikrah and a Tareeqah (thought and method).
As for it being an Aqeedah from which a system emanates then as it has been defined, the Aqeedah represents a comprehensive thought (Fikrah Kulliyah) about the universe, the humanm and the life, and about what was before it and what is after it, and the relationship between all of them with what came before the life of this Dunyaa and the relationship of all of them with what is after the life of this Dunyaa (world).
The Islamic Aqeedah therefore encompasses these five points and made clear that the universe, the human and the life are not Azaliyah (eternal) but are rather all created. And that what is before them is the creator and He is Allah Ta’Aalaa; their creator and the creator of everything. And that after them is the other life i.e. Yaum ul-Qiyaamah (the Day of Judgement). And that the relationship of them with what is before them is the relationship of creation and of bringing into existence, in addition to the relationship of organising them and organising the life. And that the relationship with what is after them, is Al-Hisaab (the account) in respect to the organisational matters of the life of the Dunyaa.
That is what has been mentioned in hundreds of verses which confirm and reiterate that, and that is explained by the comprehensive thought (Al-Fikrah Al-Kulliyah) of this Aqeedah and its elements which are: ‘The Imaan in Allah, His Malaa’ikah (angels), His Kutub (books), His Rusul (Messengers) and the Yaum ul-Aakhir (Last Day)’.
As for it being ‘Aqliyah (intellectual/rational) then that is because the Imaan in Allah is a rational Imaan and in agreement to the Fitrah (nature) of the human being. Consequently, the motivation to look into and investigate (this matter) is that which the human being has been naturally disposed with (i.e. his Fitrah) in terms of the instinct of religiosity (Ghareeaz At-Tadayyun), and it is the ‘Aql (mind) in its investigation that arrives to the realisation of the existence of Allah.
As for the Imaan in the Qur’aan Al-Kareem, then the Qur’aan, similarly, is a reality that can be sensed and the Imaan in it, in respect to it being the Kalaam (speech) of Allah, is an Imaan ‘Aqliy (rational belief) just as it having been revealed upon Muhammad (saw) is. The basis of the Aqeedah is therefore the ‘Aql (mind). As for the Imaan in the angels, Messengers, othe Books, the resurrection, gathering, account, Jannah and the fire (Hell), then these have come in the Nusoos (texts) of the Qur’aan Al-Kareem which has been established and affirmed by the ‘Aql (mind) to be the Kalaam of Allah. Based upon this the Islamic Aqeedah is an Aqeedah ‘Aqliyah (intellectual or rational belief).
As for our staement that a system (Nizham) emanates from it, then through a thorough examination of the texts that this Aqeedah has brought, we find that they include within them Ahkaam AshShar’iyah that are sufficient enough to treat and solve the problems of the human within life just as they contain that which organises for him (the human) his relationships; encompasing every word that he utters and every action that he undertakes. This in respect to organising his relationship with himself, his Creator and his relationships with others, and from regarding him as an individual to regarding him (the human) as a society. And in regards the view of the texts towards him as a society it has placed down the components of this society within the Ahkaam Shar’iyah representing systems in accordance to which the society is regulated and proceeds. In the case where these systems have come from the texts of the Aqeedah either explicitly (Saraahatan) or by way of Istinbaat (deduction), then these systems have emanated from this Aqeedah.
By examining these texts and Ahkam (rulings) we find that there are Ahkaam that explain the manner (Kayfiyah) of implementing) the Ahkaam of the treatments/solutions (Al-Mu’aalajaat) i.e. the Ahkaam of the Fikrah (thought). These Ahkaam which explain the manner of implementing the treatments or preserving them is the Tareeqah. The Tareeqah is therefore the Ahkaam Ash-Shar’iyah through which the Ahkaam of the Fikrah (thought) are implemented or preserved (protected).
Therefore, as an example, there has come, in relation to the preservation or safeguarding of the Aqeedah, a Hukm Shar’iy that explains the manner by which the preservation or protection takes place, and that is the killing of the Murtadd (apostate). Similarly, in relation to the preservation of the human life the Sharee’ah has come with the ruling of ‘killing the murderer or killer’ just as it has come explaining the manner to safeguard the mind (‘Aql) by lashing the drunk (or one who has consumed alcohol). In respect to the lineage and its preservation, it has come with the killing of the married adulterer by stoning whilst it has brought the cutting of the hand of the thief to protect the property. In respect to the preservation of security it has come with killing or crucifixtion or cutting opposite hands and feet, and in respect to the State (Ad-Dawlah) the Sharee’ah has come with the Hukm of fighting against the Bughaat (those who rebel against the legitimate authority), and so on. The one who examines these Ahkaam finds that they are Ahkam related to other Ahkam and explain the manner of their implementation. / It is worth mentioning that this is what makes Islaam different from all of the religions other than it. That is because Islaam is not restricted and limited to providing instruction or direction alone like the ten commandments in the Christian religion as they say: ‘Don’t commit adultery, don’t kill, don’t steal and so on’. Rather Islaam came to safeguard and preserve the human life, his dignity and
property, and treats the human’s problems whilst explaining the manner of implementation and the manner of preservation. This explanation is the Tareeqah (the method).
The undertaking of the Messenger of Allah (saw) of this matter from the first day of his Hijrah (emigration) to Al-Madinah and his implementation of these Ahkaam Ash-Shar’iyah which implement other Ahkaam Ash-Shar’iyah provides a clear indicator indicating that the existence of the State and the head of State is from the foremost Ahkaam of the Tareeqah, if it isn’t the foremost and number one Hukm in respect to it whilst it remains the basis or foundation for the implementation of all of the Ahkaam of the Tareeqah (method). That is because the State is established to safeguard the Deen and it is established to take care of and foster the affairs of the people (subjects) in addition to it being established upon the safeguarding of the security and the carrying of the Da’wah. The State is a deputy on behalf of the Muslims in respect to every Khitaab (address) directed to them as a Jamaa’ah (collective). Allah (swt) said:
O you who have believed, obey Allah and obey the Messenger and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result (An- Nisaa’ 59).
The obedience to Allah (swt) means committing to abiding by His commands and keeping away from all that he has forbidden. This applies equally whether these commands and forbiddances came in the Qur’aan Al-Kareem and were explained by the Muhammad (saw), or came upon the tongue of Muhammad (saw). All of it is obedience to Allah whilst considering that all that Muhammad (saw) commanded was representative of Wahy (divinely inspired revelation) from Allah. Obedience to Him and commitment to Him all falls under the meaning of Taa’ah (obedience) to Allah as mentioned in His Qawl:
Obey Allah
As for His Qawl (swt):
And obey the Messenger Then this means obedience to him in his description and capacity as the head of state and as the one who implements the Ahkaam of Allah amongst the ‘Ibaad (servants/people) and the one who organises the affairs of their life. So when he commands for the army to be prepared, when he allocates and ties the Liwaa’ (flag) to someone, when he appoints a tax collector, provincial governor (Wali) or ‘Aamil (lesser governor), or delegates someone in a task, then in respect to all of these issues and those like them, the Taa’ah (obedience) is obligatory. The same applies to the Waliy Amr Al-Muslimeen (the one who is appointed in guardianship over the affairs of the Muslims) as it is an
obligation to obey him. The Qawl of the Messenger of Allah (saw): “Whoever dies whilst he does not have a Bai’ah upon his neck dies the dea th of Jahiliyah (days of ignorance before Islaam)”and
his saying (saw): “Whoever has pledge allegiance to an Imaam and thus given him the clasp of his hand and the fruit of his heart, must obey as much as he can…”and many other Ahaadeeth explain
this Hukm and its importance.
That is because if it does not represent the number one Hukm from the Ahkaam of the Tareeqah it certainly does represent the basis or foundation in respect to it. The reason for that is because the implementation of most of the Ahkaam of the Tareeqah rest upon it, like the establishment of the Hudood, the punishment system, the taking care and fostering of the affairs, the protection of the frontiers, ensuring of security and the carrying of the Da’wah to the world. These Ahkaam, and I mean the Ahkaam of the Tareeqah, have emanated from the Islamic Aqeedah and the Messenger of Allah (saw) carried them all out. They are therefore from the same Jins (kind) as its thought (Fikrah) and have been issued from the same source from which the Fikrah was issued. It is therefore considered to be a part of it and it is not correct, at all, to separate it from it or to not connect and tie it with the Fikrah.
The Mabda’ (ideology) is therefore a Fikrah and a Tareeqah. The Fikrah is the Aqeedah and the Mu’aalajaat (treatments/solutions) - (An-Nizhaam/System) – in addition to the carrying of the Da’wah, whilst the Tareeqah is the manner of preserving (and safeguarding) the Aqeedah, the manner of implementing its treatments (or solutions) and the manner of carrying the Da’wah. Consequently, there is Imaan in the Fikrah and Imaan in the Tareeqah because each of them has emanated from the same Aqeedah. This is whilst it is essential for the Fikrah to be with the Tareeqah as one whole which cannot be partitioned or separated. They have to be tied together with a precise tying so that nothing other than the Islamic Tareeqah (method) is used to implement the Islamic Fikrah and so that as a whole they represent the Islaam that is ruled by and the Da’wah (invitation) carried to. /
The Sources of the Tareeqah are the same sources as the Fikrah, with no difference between them
We have previously explained that the source of legislation in Islaam is the Wahi and the Wahi alone. The Wahi came in the Qur’aan Al-Kareem in its Lafzh (wording) and Ma’naa (meaning) from Allah (swt) and the Sunnah Ash-Shareefah came with the Ma’naa (meaning) from Allah which the Messenger (saw) expressed by his Qawl (speech), ‘Amal (action) or his Iqraar (approval/consent), and all of it is Wahi from Allah (swt). We also explained that the Ahkaam Ash- Shar’iyah that regulate the actions of the people are taken from the Kitaab and the Sunnah in addition to what these two (sources) have guided to in terms of Ijmaa’ and Qiyaas. We explained that what came in the Sunnah Ash-Shareefah was either as an explanation for the Kitaab; providing details for the Mujmal (undetailed/ambivalent), specifying its ‘Aamm (general), restricting its Mutlaq (unrestricted) or to attach a branch to an ‘Asl (srcin) , or it came with other Ahkaam which are not present within the Kitaab. This then (the Wahi) is the only Masdar (source) for the Tashree’ (legislation) and nothing other than it.
The Ahkaam of the Fikrah (thought) have been taken from this source alone just as the Ahkaam (rulings) of the Tareeqah (method) have only been taken from it as it is necessary for this taking to be restricted to this source alone. This is in the case where the Nusoos (texts) of the Qur’aan AlKareem brought them in a Mujmal (undetailed) manner just as they came with the Ahkaam of the Fikrah (thought). So Allah (swt) said:
And establish prayer and give Zakaah and bow with those who bow [in worship and obedience] (AlBaqarah 43).
And:
O you who have believed, decreed upon you is fasting as it was decreed upon those before you that you may become righteous (Al-Baqarah 183).
And:
And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those your right hand possesses. That is more suitable that you may not incline [to injustice] (AnNisaa’ 3).
And:
O you who have believed, when you contract a debt for a specified term, write it down (Al-Baqarah 282).
And He (swt) said:
O you who have believed, fulfil [all] contracts. Lawful for you are the animals of grazing livestock except for that which is recited to you [in this Qur'an] - hunting not being permitted while you are in the state of ihram. Indeed, Allah ordains what He intends. (Al- Maa’idah 1).
This is in addition of that which its Ahkaam came in a Mujmal (undetailed) manner in the Kitaab and was then provided with the detail by the Messenger of Allah (saw). In the same way His Qawl (swt):
If you [have reason to] fear from a people betrayal, throw [their treaty] back to them, [putting you] on equal terms. Indeed, Allah does not like traitors (Al-Anfaal 58).
Is from the Ahkaam of the Tareeqah.
Allah (swt) also said from the Ahkaam of the Tareeqah:
The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes, and do not be taken by pity for them in the religion of Allah, if you should believe in Allah and the Last Day. And let a group of the believers witness their punishment. (An-Noor 2).
And He Ta’Aalaa said:
And know that anything you obtain of war booty - then indeed, for Allah is one fifth of it and for the Messenger and for [his] near relatives and the orphans, the needy, and the [stranded] traveller, if you have believed in Allah and in that which We sent down to Our Servant on the day of criterion - the day when the two armies met. And Allah, over all things, is competent (Al-Anfaal 41).
And He ‘Aza Wa Jalla said:
Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture - [fight] until they give the Jizyah willingly while they are humbled (AtTaubah 29).
And the Messenger of Allah (saw) said: “Do not wish to meet the enemy but when you meet them be firm (and resolute)” and he (saw) said: “Whoever changes his Deen then kill him”.
So these texts and those similar to them are from the Ahkaam of the Tareeqah. Similarly, all of the Ahkaam of the Tareeqah are deduced from the Kitaab, the Sunnah, Al-Ijmaa’ and Al-Qiyaas by Ijtihaad just like the rulings of the Fikrah, in exactly the same way without difference. In the case where the Tareeqah represents the prominent practical aspect in relation to the implementation of the Ahkaam of the Fikrah, then it necessary for us to understand these Ahkaam from the Seerah of Al-Mustafaa (saw). That is because he undertook them himself as he established the State, fostered the affairs of the Ummah, spread security and tranquillity amongst the people, established the Hudood upon those who perpetrated the acts of disobedience, established the Qisaas (law of retribution) in respect to the Janaayaat (criminal acts) and he regulated the life to the point that Allah (swt) described with His speech:
The Prophet is more worthy of the believers than themselves, and his wives are [in the position of] their mothers. And those of [blood] relationship are more entitled [to inheritance] in the decree of Allah than the [other] believers and the emigrants, except that you may do to your close associates a kindness [through bequest]. That was in the Book inscribed. (Al-Ahzaab 6).
He (saw) also prepared the armies, sent out the military expeditions, collected revenues, divided it, made conquests, convened truces and treaties. For that reason, the Seerah of the Messenger of Allah (saw) represents a clear explanation for the rulings of the Tareeqah just as the Seerah of the rightly guided Khulafaa’ who followed him represented a completion for what he (saw) had begun. Consequently, it is necessary to study the Seerah of Al-Mustafaa and the Seerah of the Khulafaa’ in order to understand the Islamic Tareeqah and to deduce the Ahkaam of the Tareeqah from this noble Seerah, making the mind (‘Aql) the effective tool in respect to understanding and deduction in accordance to the Shar’iy manner. We summarise by saying that the Masdar (source) for the Ahkaam of the Tareeqah is the Wahi i.e. the Kitaab, the Sunnah, the Ijmaa’ and the Qiyaas, and that the effective tool for understanding and deducing is the ‘Aql.
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At-Tareeqah (the Method)
The Tareeqah is a Hukm Shar’iy that explains the manner of implementing another Hukm from amongst the Ahkaam of the Fikrah. It is therefore a Hukm related to another Hukm in respect to the manner of implementing. It represents either an explanation of the manner of how to implement it or the manner of how to preserve it, or both together. As such, there are treatments (solutions) for the human problems that the Shar’a has treated (or solved) by specific Ahkaam which are called the Ahkaam of the Fikrah. These treatments (Mu’aalajaat) have come to regulate the life of the human being with a precise system that leads to the happiness of the human in the Dunyaa (life of this world) and in the Aakhirah (hereafter). The human is representative of a complete structure of problems that are brought about by his urges (Jaw’aat) which arise from created makeup. So he is a thinker (i.e. someone who thinks), he has organic needs that demand to be satisfied so that he remains living and he also has instinctual urges manifested in his ardent desire to survive and for his kind to continue in addition to his feelings of inability (weakness) and neediness. It is clear that these urges or hungers (Jaw’aat) and the process of satisfying them represents a major problem that requires a treatment that enables him to satisfy these hungers in a particular manner which in turn enables him to live with other people, especially because most of the means of satisfaction occur with others, or to enable him to live (or interact) with the things or matters that are present around him (in the life).
In light of this human reality Islaam came with Ahkaam Shar’iyah that regulate the life of the human and explain to him the manner of how he satisfies his urges (hungers/needs). Consequently, in regards to treating his thought (or thinking) he was provided with an intellectual basis (Qaa’idah Fikriyah) that would be the basis (or launch point) for all of his partial or branch (Juz’iyah) thoughts in relation to the life. And in the case where this fundamental base would represent the basis of his thought, it was necessary for it to be comprehensive for everything or matter that is possible for his sense to fall upon within this existence so that he is not surprised, one day, by a matter that is not covered by this intellectual basis. For that reason, the Islamic Aqeedah is the sound and valid basis for that as it represents a Fikriyah Kulliyah (comprehensive thought) about the universe, the human and the life, what is before the life of this Dunyaa and what is after it, and the relationship of them all (i.e. universe, man and life) with what is before the life and what is after it. In this way the region or area of Tafkeer (thought/thinking) was treated in respect to the human upon a firm or solid basis. This is in addition to this basis having included within it precise measures (criteria) that the person adopts when he thinks about any issue that he could be confronted with in his life, just as these Ahkaam (the rulings providing the treatments and solutions) treated that which occupies his mind and keeps it busy in respect to the problems of his life. This is like that which relates to his existence, the continuation of his kind, the preservation of his dignity, lineage, property and his obtaining of nourishment amongst other matters. So for example, it treated his need and feeling of inability by explaining the solution for the instinct of religiosity (Ghareezat ud-Taadayyun) and in doing so obliged upon five times of prayer during the day and night, obliged the fasting (Sawm Ramadhaan), the Zakaah from a part of his wealth and it obliged the Hajj just as it obliged making a lot of Du’aa and supplication, the recitation of the Qur’aan Al-Kareem and other actions which treat that hunger (urge or need) that arises from the instinct of religiosity. The treatment (Mu’aalajah) is the
requesting of an action that the human undertakes in order to satisfy his hunger/urge (jaw’ah) or treats (solves) his problem. So for example, when it treated the hunger of religiosity that the person has by the Salaah, then this means that it requested from him to undertake the Salaah in accordance to its Shuroot (conditions) and Arkaan (pillars) in terms of the Tahaarah, Wudoo’, beginning with Takbeer and end with Tasleem. This then represents the treatment (or solution) i.e. that this command represents a Hukm from the Ahkaam of the Fikrah.
It is therefore not like what may come to the mind in respect to the command to perform the Salaah in the Kitaab and the Sunnah being representative of the Fikrah (thought) whilst the undertaking of that action represents the Tareeqah (method) in line with his (saw)’s statement: “Pray as you have seen me pray”. No, that is not the case, because the Qawl (statement) of the Messenger of Allah
(saw) is a clarification for the meaning of the word ‘Salloo’ (pray) and to make the Muslims understand what the required Salaah is i.e. it represents an explanation of a Hukm from among the Ahkaam of the Fikrah (thought).
As for the Tareeqah (method) of this Fikrah (thought), meaning the manner of how to implement and preserve it, then that is the deterring punishment built upon the leaving of the Salaah. The same applies in respect to the Salaah as Allah (swt) said:
And give the Zakaah (Al-Baqarah 43).
This is another Hukm from among the Ahkaam of the Fikrah and it is the taking out a specific percentage of the wealth, that a complete year has passed over which has reached a specified amount (Nisaab), to be distributed to specified recipients. This action of taking out this percentage of the wealth and placing it in its places of spending is all representative of the Fikrah (thought). It represents a solution or treatment by which Allah (swt) has treated a manifestation from amongst the manifestations of the instinct of religiosity (Ghareezat At-Tadayyun). As for the Tareeqah (method) of implementing this Hukm, then it is for the State to undertake the collection of the Zakaah, allocating it in the places that have a right to it and to punish those who refrain from giving it.
Again the same is true in respect to the Sawm (fasting), Al-Hajj and all of the Ahkaam from amongst the Ahkaam of the Fikrah. As for the Ahkaam of the Tareeqah in respect to them then these are manifested in the State undertaking the management of the implementation and punishment of those who refrain or abstain from adopting the treatment or solution. This applies to treating all of the problems emanating from the hungers (or urges/needs) of the body whether these are organic or instinctual. So for instance Allah (swt) made all things (in srcin) permissible for us and made them at our disposal:
And He has subjected to you whatever is in the heavens and whatever is on the earth - all from Him. Indeed, in that are signs for a people who give thought (Al-Jaathiyah 13).
And He (swt) requested that we eat from the Tayyibaat (the good and Halaal things) and then exempted from these things those things which He called ‘Al-Khabaa’ith’ and prohibited them for us. He Ta’Aalaa said:
Prohibited to you are dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah, and [those animals] killed by strangling or by a violent blow or by a head-long fall or by the goring of horns, and those from which a wild animal has eaten, except what you [are able to] slaughter [before its death], and those which are sacrificed on stone altars, and [prohibited is] that you seek decision through divining arrows. That is grave disobedience. This day those who disbelieve have despaired of [defeating] your religion; so fear them not, but fear Me. This day I have perfected for you your religion and completed My favour upon you and have approved for you Islam as religion. But whoever is forced by severe hunger with no inclination to sin - then indeed, Allah is Forgiving and Merciful (Al-Maa’idah 3).
This therefore represents a treatment for our life’s affairs in respect to our organic needs. The specific Ahkaam in this issue are from the Ahkaam of the Fikrah whilst the manner (Kayfiyah) of how to implement and safeguard them is manifested in the punishing of those who violate these rulings which is undertaken by the State. In the case when Islaam guaranteed the satisfaction of all of the fundamental (or basic) needs of the individual in terms of food, clothing and shelter as a treatment for the affairs of his life. The manner of how to implement that is undertaken by the State in the case where the individual is incapable of doing so. In the affairs related to the instinct of kind (or procreation instinct) the fundamental solution is marriage. The Messenger of Allah (saw) said: “O young men, whoever among you can afford to get married, then he should do so” . Marriage is
therefore the treatment or solution for the Ghareezat An-Naw’ (instinct of kind/procreation) with all of its manifestations. The Ahkaam which regulate the relationship of the man and the woman are from the Ahkaam of the Fikrah (thought) i.e. from the treatments (or solutions) for the procreation instinct including what is related to that in terms of the hunger of urge for lineage, offspring and dignity or honour amongst other matters. The Ahkaam of the Tareeqah (then) came to explain the manner of how to implement these treatments and preserve them. So it set and provided deterrent punishments that safeguard the human’s lineage through the punishment of the Zaani (fornicator and adulterer). It preserves and safeguards for the human his dignity (and honour) by the Hadd (prescribed set punishment) for the Qaadhif (slanderer). It also preserves the continuance of giving offspring through providing punishments for castration and sterilization.
The same applies in respect to all of the affairs of the life of the people as individuals or as a society. It is possible to make a comparison between the Muslim society and a large hospital. It is like the specialist doctor’s prescription of the necessary or required treatments for those coming to the hospital, whilst specifying for them the times that they must take their treatment (or medicine), the exact dosages and the manner of how they should be taken. And it is like the request of the specialist doctor made to his assistant doctor, resident in the hospital, to monitor the patients and monitor that they are taking their medicine or treatment as required from them and staying alert to anyone not taking the treatment, falling short and being negligent in respect to taking it or unable to take it, in which case, if that was to happen, the assistant doctor and his assistants would then enforce adherence to the hospital system and compel the taking of every treatment or medicine in accordance to its measure (dosage), timing and manner that had been prescribed. This enforcing will also be undertaken in accordance to the manner (kayfiyah) that the specialist had specified to the assistant doctor. In this area it is up to the patient to take his treatment as instructed in which case he would have taken his medicine or treatment in accordance to the instructions of the doctor by himself. If, however, he falls short, is lax or refuses then in this case the doctor would give him the medicine that is required.
This is what we mean by the Kayfiyyah (manner) of how to implement or by the Ahkaam of the Tareeqah (method). The prescription of the treatment and his taking of it represents the thought (Fikrah) whilst the intervention of the hospital administration and forcing the patient to take the medicine or treatment represents the Tareeqah (Method). However, at the same time, it must be clear that the hospital administration’s intervention in the process of enforcing the patient, is also defined and specified by the commands of the specialist doctor and not based upon the evaluation of the assistant doctor, as they are also commands from the first doctor. The assistant doctor abides by them completely just as it is upon the patient to abide by the treatment as both of them represent the command of the first doctor.
Consequently, the Tareeqah is also specified Ahkaam Shar’iyah by which the Ahkaam of the Fikrah are implemented. These actions are not Asaaleeb (plural of Usloob i.e. styles) that are implemented according to what the situation requires and they are not Wasaa’il (means) that the nature of the action dictates. Rather they are Ahkaam Shar’iyah which are binding in respect to the implementation of these treatments or solutions (i.e. the rulings of the Fikrah). /
The Ahkaam of the Fikrah and the Tareeqah, the style (Usloob) and the means (Waseelah) These are four words which are not synonymous nor do they carry the same meaning. Rather, every word has its own specific indicated meaning whilst it is not permissible to mix them up or confuse them. Indeed, it is essential to fully comprehend the meaning of each of them so that no mixing or confusion can arise.
The Ahkaam of the Fikrah (thought) are Ahkaam Shar’iyah, as we have explained, that came to treat and provide solutions for all of the human problems. They demanded from the human to undertake
specific actions in accordance to specific conditions or specific times or other than that. They are therefore Ahkaam in which it is requested to undertake actions and these Ahkaam regulate the actions of the servants (Al-‘Ibaad). These include actions like the Salaah, the Siyaam, the recitation of the Qur’aan, obedience and good conduct towards the parents, keeping the ties of the womb, carrying the Da’wah, marriage, trade and business amongst other actions.
The Ahkaam of the Tareeqah are Ahkaam Shar’iyah related to the implementation of the other Ahkaam from amongst the Ahkaam of the Fikrah. So for example, Zinaa (fornication) is Haraam and the Hukm Shar’iy has prohibited the servant to make contact with the private parts that have been made Haram to him. As such the Hukm is related to the action of the servant directly. This is therefore from the rulings (Ahkaam) of the Fikrah whilst the lashing or stoning of the Zaani is another Hukm Shar’iy although it relates to the implementation of the prohibition of Zinaa. Another example is that Saraqah (theft) is Haraam and so it represents a Hukm Shar’iy that prevents the ‘Abd (servant) from acquiring wealth or property by way of theft. As such it is from the rulings of the Fikrah (thought). As for cutting the hand of the thief, then it is (also) a Hukm Shar’iy but it is related to the first Hukm and that is the prohibition of theft. The establishment of the prayer (Iqaamat AsSalaah) represents a Hukm Shar’iy that has been requested from the servant to undertake at a particular time and in accordance to a particular manner. However, the severe punishment for the one who leaves or abandons the Salaah represents a Hukm Shar’iy related to another Hukm and that is the performance of the Salaah.
And so this applies in relation to the Fikrah (thought) and the Tareeqah (method) as they are Ahkaam Shar’iyah and their Masdar (source) is one and the same as we have previously explained and made clear.
As for the Usloob (style), it is a specific manner that the servant undertakes during his undertaking of the action and is defined or specified by the nature of the action being undertaken itself. The Shar’a could intervene in regards to a particular action and as such specifies the required Usloob (style) that the action is to be implemented by just as it could not intervene and as such remains upon AlIbaahah (permissibility) on the basis that it does not violate the Shar’a. As for an example of when it has intervened, then the Shar’a has specified a specific style for the lashing of the Zaani (fornicator) as Allah (swt) said:
And let a group of the believers witness their punishment (An-Noor 2). The Shaari’ did not just bring forth the Hukm which is the lashing of the Zaani in the Aayah:
The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes, and do not be taken by pity for them in the religion of Allah, if you should believe in Allah and the Last Day. And let a group of the believers witness their punishment (An-Noor 2).
The lashing represents the Hukm however the Shaari’ has also specified a particular style (Usloob) and that is of Tash’heer (public exposure) in the case where a party or group from amongst the believers witnesses the punishment. If the Shaari’ has not however specified a particular Usloob then the choosing or selecting of the suitable Usloob (style) remains in accordance to what the nature of the action demands or dictates.
As for the case when it intervenes in respect to a specific Usloob (style) then the Usloob becomes a part of the Hukm. Allah (swt) said:
But Allah has permitted trade and has forbidden interest. So whoever has received an admonition from his Lord and desists may have what is past, and his affair rests with Allah. But whoever returns to [dealing in interest or usury] - those are the companions of the Fire; they will abide eternally therein (Al-Baqarah 275).
The Shaari’ (Legislator) has permitted the trader to trade with any Usloob (style) that he sees fit like if he was to sell wholesale or separate items, or in credit or cash, or by unit or by the dozen, or by haggling/bargaining or bidding (auction) in accordance to what he wishes and the nature of his work. However, it has exempted or excluded the Usloob (style) ‘Talaqqiy Ar-Rukbaan’ (meaning to meet the caravans of merchandise before they arrive at their destination) just as it has exempted the sale of fruits upon their roots until their good condition is apparent. It permitted trade for the Muslim and stipulated that it be undertaken by a known number, measure and weight. Similarly, it made it obligatory upon the Muslim to carry the Da’wah although it did not specify a specific style for it and left it to the evaluation of the nature of the action albeit with the stipulation that the Muslim does not compromise or soften your position (to the enemy):
They wish that you should compromise (or use flattery) (in the Deen out of courtesy) with them, so they (too) would compromise with you (Al-Qalam 9).
And so the Shaari’ permitted for him to address the people in speech and permitted him to visit them in their homes and to hold sittings with them in accordance to what he sees is likely to achieve the objective for which he is undertaking his efforts.
As for the Waseelah (means) then it refers to the material administration that is possible to be utilised during the undertaking of the action. This Waseelah (means) is also defined by the nature of the action and of the time that he is in. So for example, moving from one place to another in any action, the Waseelah for the travelling can be by foot, or by a riding animal or car or plane and so on, in accordance to the nature of the action and the time or age that he is in. Its Hukm is like the Hukm of the Usloob (style) whilst the Shart (condition) in respect to it, is that it is not from amongst the things that the Shaari’ has prohibited to be utilised. Or it could be that the Shaari’ has obliged the use of a Waseelah (means) and as such has become part of the Hukm whilst it is not permitted to leave it. In conclusion, the Tareeqah is a Hukm Shar’iy that it is not permitted to abandon or leave. As for the Usloob then this relates to those matters that the nature of the action dictates and they are Mubaah as long as they are not contrary to the Shar’a from one angle and that they have not been made obligatory by the Shar’a from another. This is like for example when the Shar’a made At-Taqaabud (mutually taking hold of possession) obligatory in respect to the Ribawiy categories (Ribaa based like gold, silver, dates, salt etc.…) when the two types differ.
The Ahkaam of the Tareeqah realised results that are sensed
The actions that the human undertakes in his life are material actions. They are movements which are sensed from the word. The most strenuous effort expended is a material action and there is no difference between it being ‘Ibaadah (act of worship), a moral, an action related to trade or manufacturing, or whether it was the recitation of a Soorah from the Qur’aan Al-Kareem, a recital of lines of poetry or the giving of a political speech, because all of these are material actions whilst these actions differ in accordance to the difference in their purposes and objectives. We have already discussed the aims (Maqaasid) of the actions) and the results that are built upon them and the values that are intended to be sought from them in addition to the ultimate goal or objective from undertaking them. We have explained that the values of the actions that have significance within the life of people do not exceed or go beyond four values and they are the spiritual, moral, humanitarian and material values whilst the results of the actions could differ even though they realise one single value. So the Du’aa for example and the recitation of the Qur’aan Al-Kareem both realise the spiritual value just as Al-Jihaad realises that value. However, when examining the results of all of these actions we find that the result of the Du’aa and the recitation of the Qur’aan AlKareem realise a result that is not sensed and that is Thawaab (reward). That is whilst Al-Jihaad is a material action that seeks the spiritual value although its result is sensed (tangible) like the conquering of a fortress or killing of a Kaafir or something like that.
By scrutinising the reality of the Ahkaam of the Tareeqah we find that they are material actions and that their results are always sensed. So for example the method for carrying the Islamic Da’wah is AlJihaad and its results include killing the Kuffaar, conquering fortresses, taking the Jizyah, spreading the Ahkaam of Islaam and applying them to the lands that have been opened. And in regards to preventing the Muharramaat (prohibited acts) like Zinaa, drunkenness and killing, the Tareeqah
(method) of their implementation is to lash the Zaani, the one who drinks alcohol and to kill the killer or to take blood money (Diyah) from him if the family of the killed person accept that. Similarly, in relation to making the people adhere to the obligations like the establishment of the Salaah and the fasting of Ramadhaan, then the Tareeqah (method) for that is to apply a material punishment upon them like imprisonment for example. In respect to bringing Islaam into existence within the reality of life then the Tareeqah (method) for that is to bring into existence the Islamic State. That is in the case where bringing about the State into existence is Fard and its method (Tareeqah) is to bring into existence a political party and so on.
Therefore, by examining and scrutinizing all of the Ahkaam of the Tareeqah we find that they are material actions that lead to (tangible) sensed results. For that reason, it is not permissible to restrict the Da’wah to Islaam to mere invitation and propagation. Rather, the Tareeqah for carrying the Da’wah is Al-Jihaad after the State whilst its Tareeqah before the State is to bring into existence the bloc (party) to establish the State. Similarly, it is not permitted for preaching, exhortation and giving guidance to be taken as the method to prevent Zinaa, theft and murder but rather it is obligatory for the punishment that the Shar’iy text has mentioned to be applied to every crime or violation. Allah (swt) said:
And there is for you in legal retribution [saving of] life, O you [people] of understanding, that you may become righteous Al-Baqarah 179).
As such, we say that the Mabda’ (ideology) is a Fikrah (thought) and a Tareeqah (method). The Fikrah is the Aqeedah, Mu’aalajaat (treatments/solutions) and the carrying of the Da’wah whilst the Tareeqah is the preservation or safeguarding over the Aqeedah and the manner of how to implement the treatments/solutions (Mu’aalajaat) and of how to carry the Da’wah.
It is evident and clear that the preservation and safeguarding of the Aqeedah and the Deen is the material work that the State undertakes by killing the Murtadd (apostate) by punishing the one who insults with a material deterring punishment. Similarly, when it comes to the treatments and solutions related to the worships and life, their undertaking is not restricted to being reliant upon exhortation, giving direction and providing instruction to the people like it is in within Christianity. Rather, the state undertakes actions of implementation by punishing the one who leaves the Salaah and withholds the Zakaah just as it applies material and sensed method of Al-Qisaas (law of retaliation) upon every violation or crime requiring it as a deterrent and expiation in the hereafter. Consequently, the State punishments for sins and crimes represent the only Tareeqah (method) for the implementation of the commands of Allah Ta’Aalaa and his forbiddances. That is because Allah (swt) legislated Ahkaam and He Ta’Aalaa legislated other Ahkaam to implement them and these are the Ahkaam Al-Uqoobaat (punishments). And so the Shaari’ commanded that property be safeguarded and protected: The Messenger of Allah (saw) said: “Do not devour your properties
amongst yourselves in falsehood (Baatil)” and Ahkaam were legislated to implement that when He (swt) said:
[As for] the thief, the male and the female, amputate their hands in recompense for what they committed as a deterrent [punishment] from Allah. And Allah is Exalted in Might and Wise (AlMaa’idah 38).
This in respect to the Ahkaam of the Tareeqah being material actions that realise sensed (tangible) results however it is necessary to fully understand when adopting and undertaking them, that they are Ahkaam Shar’iyah i.e. the commands and forbiddances of Allah (swt). As such they are not taken for any benefit that is contained within them and they are not acted upon or adopted due to the results that they accomplish. Rather, they are only taken in their consideration as being the commands of Allah ‘Azza Wa Jalla.
Realising the connection or relationship to Allah Ta’Aalaa when taking the Ahkaam of the
Tareeqah We have previously stated and explained that when the Muslim undertakes his actions in accordance to the commands of Allah and implements them whilst comprehending or realising his Sillah (connection) to Allah and seeking the pleasure of Allah in everyone of his actions, that he would have mixed between the material (Al-Maaddah) and the spirit (Rooh) in respect to that action or those actions. Consequently, the action that he undertakes, whatever that action may be, is a material action and the realisation of his connection with Allah when undertaking the action represents the Rooh (spirit). As such his action would be mixing the material with the spirit and it represents the philosophy upon which the action is undertaken in Islaam.
This is what the Muslim individual undertakes in his life i.e. That his life is only established upon a spiritual basis. The same applies in respect to the state that is responsible for the implementation of the Ahkaam of Islaam and its thoughts. It is established upon a spiritual basis manifested in the mixing of the material with the spirit. So when it takes the Ahkaam of the Tareeqah (method) it only does so in their consideration as being Ahkaam Shar’iyah and it implements them with the realisation of its connection to Allah and seeking, through its action, the pleasure of Allah ‘Azza Wa Jalla.
As such, when the state carries the Da’wah by Al-Jihaad its Imaan (belief) is that the Nasr lies in the hands of Allah and when it implements the Ahkaam (Islamic rulings) it implements them motivated by the Taqwaa of Allah whilst not fearing the censure or blame of anyone or being intimidated by the standing of the one who violated or contravened the commands of Allah Ta’Aalaa and commited the act of disobedience. The Messenger of Allah (saw) said:
: This was the position and stance of the Messenger of Allah (saw) when Al-Makhzoomiyah committed theft. Just as it was his position in respect to the carrying of the Da’wah in all of the Ghazawaat (expeditions) and his reliance upon Allah (swt) for victory:
Those to whom hypocrites said, "Indeed, the people have gathered against you, so fear them." But it [merely] increased them in Imaan, and they said: "Sufficient for us is Allah, and [He is] the best Disposer of affairs." (Aali ‘Imraan 173).
For that reason, it is necessary for the Taqwaa to be concentrated in the breasts in order to implement the Ahkaam of Allah. Just as it is essential to continuously make Du’aa and Dhikr of Allah Ta’Aalaa and it is necessary to continuously make the connection to Allah when undertaking any action from amongst the actions of the Muslim individual or the ruler. /
The practical principle (Al-Qaa’idah Al-‘Amaliyah) for accomplishing the results The Aqeedah has been named as being a Qaa’idah Fikriyah (intellectual basis or principle) as it represents a Fikrah Kulliyah (comprehensive thought or idea) about Al-Wujood (all that exists); about the Kawn (universe), Al-Insaan (the human) and Al-Hayaat (life), about what is before the life of this Dunyaa (world) and what is after the life of this Dunyaa. In this way it became suitable to be a Qaa’idah Fikriyah (intellectual basis) for all that the human can possible apply his though to in respect to what his senses fall upon.
Adopting the Aqeedah as a basis for his thinking leads to a harmony and order in respect to the results of his Tafkeer (thinking). There is no contradiction or opposition as it rejects that which is contrary to it and builds upon it that which conforms to it whilst what emanates from it lights the path up in front of the researcher and thinker. The one who thinks upon the basis of that basis will manifest a personality that is in harmony with itself and in line in respect to its rulings and thoughts. As for the one who did not take it as the basis for his thinking, then there is no doubt or question that he will fall into contradictions and differences which will inevitably lead to instability or lack of harmony and order in his thinking and his behaviour or conduct.
This is like what occurs in respect to the branch issues as the one researching an issue or a collection of issues that share in a common srcin, will first place down a common basis or principle (Qaa’idah) or general law that those partial branch issues will be based upon. This is clearly evident in respect to the Fuqahaa and the Mujtahideen as they first seek to place down and set Qawaa’id Usooliyah
(fundamental principles) in accordance to which they understand the texts and realities. The same applies in regards to all thinkers, scholars and researchers when they proceed upon the correct path in their studies. That which applies to the intellectual and philosophical studies also applies upon the practical aspect of life. Therefore, it was necessary for there to be in existence and present a firm and constant practical principle that will lead to the accomplishment of the results sought from the undertaking of the actions. This is also necessary when taking into account that which can have an effect upon the action like the influences of the emotion, desire, sensation, thought, the aim of the action and the clarity of the aim, the motive and reason for that desire, the sought after and hoped for results, the costs of the action, and the reward and recompense built upon it amongst other such matters. This also represents one of the main reasons obliging the placing down and setting of a firm constant practical principle that is proceeded upon when undertaking the actions and hoping to achieve the results.
The practical principle (Al-Qaa’idah Al-‘Amaliyah) that must be followed is that the action must be based upon the Fikr (thought), that is must be for the sake of a specific objective and that all of that be based upon the Imaan (belief) so that the person remains constantly proceeding within Al-Jaw AlImaaniy (the atmosphere of Imaan). This means connecting the thought with the action for a specific objective within an atmosphere of Imaan. The thought either arises from the sensation of the reality and connecting it to the previous information that explains or interprets that reality, or it arises from the information, the reality of which has been fully comprehended and is then connected or tied to it. So for example, I could sense the political and economic oppression due to what inflicts me in terms of harm. That sensation would then push me to investigate or study the causes and effects until I reach through my study of the causes that the real and true reason or cause is the nonapplication of Islaam in life. As such the thought will be formed within me that the non-application of Islaam in life leads to political and economic oppression. My formation of this thought and connecting it to the sensation that I am feeling will push or drive me to work to remove this oppression by working to bring about Islaam within life’s reality. As such the objective would have been defined by my undertaking of the work which is the removal of the political and economic oppression and bringing Islaam in life’s reality. Then by applying thought to the bringing of Islaam within life’s reality and connecting it to the information about that, I find that it is an obligation from Allah (swt) and my commitment to the implementation of the commands of Allah (swt) makes my thinking, action (work) and aim built upon one single basis and that is Imaan in Allah.
The thinking about the obligation of resuming the Islamic life and connecting this thought to the opposing reality that we are living in, can be that which generates within us an intellectual sensation (Ihsaas Fikriy) that is the motivation for the work or action. This then dictates the need to define the objective from the work and that is to bring about the Islamic State which represents the Tareeqah (method) for the resumption of the Islamic life. The person would then proceed to define this objective with its generalities and partialities in addition to the matters that this dictates based upon the divine commands that oblige carrying out this action. This means generating the atmosphere of Imaan upon which the work must be based upon.
So when the person comprehends that this work is a Fard from Allah and connects this Hukm to the Daleel emanating from the Aqeedah, then this would mean the connection or tying of his work to
the place of Imaan within himself and his ‘Aql (mind). In addition, by that, the thought will become available to him, tied to the work for the sake of an objective within an atmosphere of Imaan.
And when we talk about the Ihsaas Al-Fikriy (intellectual sensation) or the thought that arises from the sensation, we only mean by that distancing from the philosophical or imaginary thought. That is because the truthful thought that has an influence within the person, is that which its reality has been comprehended and perceived in a manner that makes it touchable to the thinker or even better sensed. From the most dangerous kinds of thinking are the imaginary thinking, the thinking that draws parallels and the hypothetical thinking. For that reason, it is essential for the thought to arise from the sensation. The propelling sensation emanating from the focusing of the thought, conviction in it and interacting with it, is that which produces and generates the truthful sensation and the practical thought, and in this way it is distanced from the imaginary and theoretical thought. We are driven into work by that which we find within ourselves in terms of driving sensations that our truthful thought has brought about.
Being driven to undertake the work necessitates that our action be built upon and regulated by what is fitting to it in terms of Ahkaam Shar’iyah connected to a pure sincerity. However, connecting the thought to the action without an objective creates an empty cycle where it is not known where the beginning is and where it will end. This is similar to the reality of the preachers when they work and request from the people to work and their voices became hoarse as they called the people to return back to Allah. In this case the thought is connected to the action and that is because he views that the Da’wah to Allah is Fard upon the Muslims. So he expends his utmost efforts in this path but unfortunately he did not define an objective for his action or a goal to strive to reach. For that reason, he will continue to go round in circles not moving from his place. That is until Allah takes his Amaanah or he is afflicted by boredom, despair and surrender. This is the case for many of the sons of the Ummah whilst entertaining hope and then they say that it is enough for us that we leave something better behind than what we found (i.e. before we began our efforts).
It is for this reason that it is essential to specify the objective of the work. It is not enough when defining the objective for it to be a general idea or broad outlines. Rather it is necessary for the objective to be embodied in such a manner that it resembles an engineering blueprint for the building of a building, taking into account the principles that the objective is established upon and the pillars that it is supported upon. So when we put down and set the objective, the resumption of the Islamic life and bringing about Islaam within the reality of life, then that means it is necessary to have knowledge of the manner by which that will be accomplished. And we understand and realise that it is not possible except by bringing into being its State, as it represents its only method to bring this objective about just as it represents a Hukm Shar’iy from amongst its Ahkaam. Then it becomes necessary, according to that, to acquire knowledge of this State, its principles, pillars, organs and the mandatory powers or jurisdiction of each organ, knowledge of the systems that it must apply and indeed a clear envisagement of the constitution, meaning its general principles that the form of the state and its organs embody, resembling engineering plans at the point of implementation or execution. That is whilst observing that every article in it and every principle from amongst the principles of these engineering plans emanates from a Daleel Shar’iy that the Islamic Aqeedah has brought i.e. focused upon the region of Imaan. That is so that the person is pushed forward and
driven along the path to realise and accomplish the objective, in response to the command of Allah (swt) and receiving his connection and relationship to Allah. As such, he lives, while undertaking his work, in the atmosphere of Imaan, that drives him to continue to work every time he feels laxity or that he is slacking, or his strength weakening. Even if he was to be exposed and subjected to the most severe forms of restraining or impeding influences of this Dunyaa he would continue to go forth.
Consequently, the awareness of the partialities of the objective and awareness of the Ahkaam regulating the work has an impact upon the sentiments and strengthens his sensation. As his awareness increases upon these matters his sensations and drive will increase. When the Messenger of Allah (saw) explained the objective to the Ansaar, at the second Bai’at ul-‘Aqabah, he did not stop at broad outlines or upon a general principle. Rather, he explained to them that this matter would require the death of the notables, the loss of wealth and declaring war against every white and black from amongst mankind. And so they said: “And what is for us if we were to do that?” And he replied: “Al-Jannah (paradise)”. It is truly painful and sad that we find those working within the field of
Da’wah to Islaam and calling to the establishment of the State, and yet they have not clarified this objective; it hasn’t been embodied within them and it has not been laid out before them as an engineering blueprint that is (ready for and) awaiting implementation. For that reason, it is difficult for them to perceive and envision it and as a result it is hard for them to make it clear for the Ummah that will be its protective shield, the one that carries it and responsible for it. The Messenger of Allah (saw) said after the Bai’ah: “Choose for me from amongst you 12 Naqeebs who will be responsible over the people in respect to their affairs” . Indeed, that is because it is the Ummah that
will carry and take on the burdens of the State and the carrying of the Da’wah.
It is therefore essential to guard carefully and pay special care and attention to these four elements of this firm or constant practical principle (Al-Qaa’idah Al-‘Amaliyah) and not to neglect any part of it or separate its parts. And so it is not allowed to separate between the thought and the action, or between them and the objective or aim, or between all of these and their focus upon the Imaan. That is because any separation between them represents a huge danger and could prevent reaching the sought after result or objective. In addition, it is dangerous to jump or move immediately from the sensation to the action and not to thought. Indeed, from amongst the greatest calamities that have befallen the Ummah is due to being reactionary; a matter that every action that it has undertaken is distinguished and stands out by. It has occupied itself or allowed itself to be preoccupied by material actions which were all reactionary to the calamities that they faced from one time to another.
A nice or novel example : One of the Sahaabah (rah) wished to marry the daughter of ‘Umar Ibn AlKhattaab (ra) and so decided to seek her engagement. He was then taken by surprise that Salmaan Al-Farasiy (ra) had already made such a proposal and that ‘Umar had responded positively to it. He therefore became sad and felt dejected. He knew that it was not permissible for him to present his request to ‘Umar because Salmaan had already preceded him in doing so, as the Messenger of Allah (saw) had said: “It is not permitted for anyone of you to present his proposal of engagement upon the proposal of his brother”. During this period of time he coincidently passed by the cunning one of the Arabs, ‘Amr Ibn Al-‘Aas. ‘Amr saw sadness in his face and asked him what the reason for that
was. So he frankly told him the truth and ‘Amr told him not to worry. Then he (the Saahabiy) said: ‘No, it’s not possible because the Messenger of Allah (saw) forbade that’. Then ‘Amr said ‘Don’t worry my brother’ and then he went immediately to Salmaan Al-Faarisiy. Then after greeting him warmly he said: ‘It has reached me that you will be honoured by relationship through marriage to the Ameer of the believers, ‘Umar Ibn Al-Khattaab’. Salmaan then stood up in an agitated state and what ‘Amr had said had hit a nerve or sensitive spot. And he then said: ‘O ‘Amr, I would be honoured to be related by marriage to ‘Umar? By Allah, she will never be a wife to me’.
This then was a sharp reactionary response that ‘Amr Bin Al-‘Aas provoked in Salmaan Al-Faarisiy, which led him to give up his engagement proposal, because he had not liked for the proposal to be interpreted as an attempt to gain favour through the relationship of marriage to ‘Umar. That was even though he was the most Noble of his people, the one that Islaam brought brotherhood between him and the Arabs and whom the Messenger of Allah (saw) had said: “Salmaan is from us,
Ahl ul-Bait (the people of the house i.e. the Prophet’s household)” This novel story represents an example of the sharp reactionary response that leads to the losing and wasting of opportunities and failure to achieve objectives.
The West has realised and fully understood this reality amongst the Muslims and as such it has preoccupied them through desperate and miserable reactionary responses and behaviour throughout this century. They do not employ thought and the space is not provided to them to think about their sensed reality (or reality that can be sensed) so that through their thought upon that which they sense, they could reach a defined and specified objective in which they expend their utmost efforts to accomplish it. However, instead of that, they behaved in a reactionary manner which has cost the Ummah millions of her sons and an abundance of their natural resources and treasures. After repeated failure this has brought them to a state of despair or virtual despair, removed her confidence in herself and in the possibility or capability to achieve liberation.
That was a natural result of the process of moving from the Ihsaas (sensation) to the action and not to the thought. The danger of moving from the sensation to the action is that it makes the person Waaqi’iy and Raj’iy. The fact that he is Waaqi’iy (dominated by the reality/pragmatic) means that he proceeds according diminished ‘Aqliyah (mentality) and makes the reality the source of his thinking and not the object of his thinking. The meaning of our statement ‘Raj’iy’ is that he behaves or conducts himself based upon the instinctual reaction. When he moves, based upon his sensation, to the action, he only works to shape and condition himself with the reality and proceed in accordance to it, not to change it. The srcinal position of the Muslim should be that when he senses the corruption of a particular reality, he resorts to utilising his thought in respect to that corrupt reality. And so he looks for the causes or reasons for its corruption and the circumstances and conditions that led to it, and then he looks at how to get rid of it and remove it. In that way he shapes the reality in accordance to his Mabda’ (ideology) and (proceeds to) change it completely. This is the radical (Inqilaabiy) method in regards to the process of change and this is what enables the person to rise above the reality and not be affected by it. It is what enables moving from the (current) situation to what he desires it to be. For that reason, it said: ‘Politics isn’t the art of possibilities or choosing between the best of possibilities – i.e. working with the reality as it is – Rather it is the
influential effectiveness in respect to utilising the possibilities to change it to what we want whether this was the lightest and easiest, or heaviest and most difficult.
As such the process requires envisaging what it is we want and then the thought in respect to how to change the reality followed by undertaking the process or actions of change, without any consideration of the hardships, difficulties or sacrifices. This must be the case in the work to resume the Islamic life: Embodiment of the goal (objective) in a crystal clear manner (like and engineers blueprint), knowledge of the reality that we sense at a level that enables us to perceive and fully comprehend the causes that have led to its decline and knowledge of what the Islamic life is. That is then followed by moving to the action according to the effective method that enables us to arrive at and reach the sought after objective.
At-Tareeqah Al-Inqilaabiyah (the radical method)
A sharpened (or heightened) sensation produces from it’s a thought and this thought is crystallized in the case where an engineering blueprint for the thought (Fikrah) and the Tareeqah (method) is drawn in the mind. The person would then fully comprehend the ideology in a correct manner which leads to the action. The thought (in this case) would have brought about within him a complete turnover (or radical change). He would then proceed to prepare the people, the society and the atmospheres by this thought until he establishes the general awareness (Al-Wa’iy ul-‘Aamm) upon the ideology in order to bring about a radical change in the public opinion (Ar-Ra’y ul-‘’Aamm), after which he will take the Hukm (rule) and begin to apply the ideology with its thought and its method. This would be a radical and comprehensive application without accepting any gradualism or patch working. This is the Tareeqah Al-Inqilaabiy (radical method): A sharpened sensation from which arises a thought that drives to the work (action) for the sake of a specific objective within an atmosphere of Imaan.
The events that blew like a storm over the society; the removal of the Islamic State from its (central) position and then from existence, the prevailing and spread of backwardness and fragmentation in its place, the repeated defeats and a lamenting oppression that weighed heavily upon the people until a person will call out ‘Save Sa’d as Sa’eed has perished’, where the sanctities and inviolable matters were made Halaal, the Ma’roof became Munkar, the Munkar Ma’roof, and the Muslims were afflicted by Fitan (trials and tribulations), where their hardship amongst themselves became severe whilst over the enemies they were afflicted by submissiveness, they were covered by inferiority and made to swallow insignificance, to the point where the lands of Islaam became an object of struggle between the nations of the earth and their peoples whilst those whom Allah Ta’Aalaa has described with lowliness and misery became like lions in our lands. Such a reality is sufficient to stir the sensation, activate the sentiments and generate thinking about its causes and effects, even amongst the dullest people in thought or deadest in sensation.
That is from one angle. From another, then there still exists within the Ummah the embers of Imaan and even if it exists in some of its sons. Its Aqeedah still remains clear and pure apart from some
obscurities in respect to her political Aqeedah. However, the appearance of Al-Kufr Al-Bawaah (blatant Kufr), of clear Fisq, the making permissible of that which Allah has made Haraam, the appearance of that which the Messenger (saw) warned about its coming existence in terms of Fitan (trials and tribulations) like those of pitch black darkness wherein a man wakes as a believer and becomes a disbeliever by nightfall… and the appearance of those who are dressed but at the same time naked, war against all that Allah has commanded and the opposition and its contradiction to what is within the breasts of the believers, all of that is also sufficient to generate an intellectual sensation that drives to action and to change. It was essential as a result of that to bring about a truthful sensation, a deep thought, and a precise (and accurate) visualisation of what the Ummah has to be upon and what the society must remain upon. This means that this is sufficient to bring about awareness of the ideology (Al-Mabda’) with its thought and its method, and to then work to prepare the people to represent a truthful and honest image of the ideology with its thought and its method and to form from them an intellectual entity that takes the process and action of change upon itself.
The Intellectual Entity (Al-Kiyaan Al-Fikriy) The Kiyaan Al-Fikriy (intellectual entity) is a collective (or grouping) of people and what they have adopted in terms of Afkaar (thoughts), Araa’ (opinions) and Ahkaam (rulings). That means they are a collective of people within whom the ideology has been embodied. They represent the live ideology that runs amongst the people and so they influence them whilst they are not influenced or affected by them. That is because it is from the nature of the thought to have an effect upon the conduct of the people and to not be affected by what they are upon. That means, that these people, with what they have in terms of a Qaa’idah Fikriyah (intellectual basis) – the Aqeedah of the ideology – and what they have selected in terms of Ahkaam, opinions and thoughts, go ahead to treat the problems of the people and regulate their relationships, and to explain the corruption of what the people are upon in respect to their relationships, the corruption of those responsible for discharging and regulating these relationships in addition to making clear their responsibility for that corruption.
Indeed, this Kiyaan Al-Fikriy (intellectual entity) will be small and less in number however it will be, as an intellectual entity, the most powerful. That is because, as we have mentioned, it affects others and is not affected. It is therefore an influencing and effective body or entity.
As for the society entity, then it represents an entity established upon relationships that have made of a collection of people, an entity i.e. a Mujtama’ (society). When it becomes clear to these people that the relationships are established upon corruption and oppression and that those established over it are those who are causing the corruption, then their emotions will be agitated when their minds are addressed, which will push the people to pause and reassess what they are upon. Continuing to strike these corrupt relationships leads, in addition, to the realisation and comprehension of these sources of corruption or corrupted elements (Mafaasid) and the desire for them to be changed. This brings interaction between the society and this intellectual entity and the intellectual entity will continue upon this path until it attains the confidence (and trust) of the society and the society hands over its leadership to this intellectual entity. For this reason, the society is not an effective entity but rather it represents and entity that is affected and influenced.
It is the same situation in respect to the executive body undertaking the regulation of the society’s relationships as it is also an influenced or affected entity. That is because those undertaking that are themselves part of the society and it is within their capability to realise and comprehend the corruption of what they are practising in respect to the corrupt relationships or what they are implementing in terms of these. They would then be influenced by that and they could get agitated and seek to replace the sin with honour, which would represent in itself represent being influenced, or there could be interaction between it and the intellectual entity.
All of this shows that the intellectual entity (Al-Kiyaan Al-Fikriy) I not influenced or affected by other than it whilst its effect and impact is upon other than it. Consequently, if this intellectually entity is able to generate the sought after or required effect and is able to wrest and take away the people confidence and bring about a separation or rupture between the executive bloc and the society, then by that, it would have dismantled the support which that corrupt entity that is being sought to be changed is established and rests upon. After that, casting it aside will be facilitated and made easier for those undertaking the matter, followed by assuming the rule and undertaking the implementation of the ideology as a Fikrah and a Tareeqah. That is all irrespective of the number of those involved or undertaking the work of this intellectual entity.
The Process through which the Intellectual Entity is Formed The Mabda’ (ideology), with its thought and its method, is present within the heritage of the Ummah, however what is required is to bring it into existence within the reality of life. Bringing it about within life’s reality requires that people who believe in it carry it and are melted by it so that they become like parts within this ideology. This requires preparing these people in an intellectual manner in which there Aqliyahs and Nafsiyahs interact with it so that they become people (personalities) of the same kind as the ideology (i.e. at one with it). This does not come about except by a study of Islam undertaken by these people who want to undertake the work and who have the readiness to undertake the responsibilities of this work. And this will not happen except through intensive culturing of the thoughts of Islam and its Ahkaam, developing and increasing information in a manner that enables them to understand the reality, realities and events, and enables them to study the society and acquire knowledge of its components, make-up and what influences it, in addition to the sensitive spots that must be targeted and hit in order to generate the agitation and then influence and impact.
In this situation the attention and care will be with the individual and the development and formation of his Aqliyah and his Nafsiyah. His Aqliyah will be formed (i.e. the manner that he understands the realities and events) based or built upon the intellectual bases – the thoughts, opinions and Ahkaam – which form the intellectual entity. In this way a method of thinking would have been formed and developed within the individual and a specific manner or way of understanding. His Nafsiyah would be formed and developed through his commitment to and abiding by the host of concepts about life that the ideology has come with and what this host has adopted in terms of concepts. This would mean that this individual in respect to his Aqeedah, his ‘Ibaadah, Akhlaaq and Mu’aamalaat would be like a copy of the srcinal of the ideology in the issues
of the individual whilst he would move like a part of the whole in his carrying of the Da’wah and bring about an effect within the society.
It is an obvious matter that the formation of this entity will begin with an individual or a group of individuals who have believed in this ideology having understood its thought whilst its Tareeqah (method) had become clear to them so as to then proceed upon it. They therefore proceed along two parallel paths or lines. The first one is to build this intellectual entity, develop it, set its culture and increase the number of its individuals. And the second line or path is to generate the atmospheres within the society and work to prepare it to accept this ideology. For this reason, this entity will not accept any individual into its membership until he has been prepared in a manner that makes him a part of this entity. And this process of preparation is not completed except by a study and that is whilst Islaam has its own specific method of study.
The Method to Make the Ideology Reach the Hukm (rule) We have already explained that the Mabda’ (ideology) is a Fikrah and Tareeqah and we have discussed each of these in some detail however in respect to the process of making the Mabda’ reach the Hukm (position of ruling) and for the Islamic life to be resumed upon its basis. Even if it is called a Tareeqah (method), it is nevertheless the Tareeqah of the Messenger of Allah (saw) in regards to how he brought the ideology of Islaam to the rule; beginning from the descent of the revelation upon him, commencing with the conveyance of the message and ending with the Hijrah to Al-Madinah and the establishment of the first Islamic State in the world. This process represents the method (Tareeqah) of the Messenger of Allah (saw) in respect to the establishment of the Islamic State. It takes the Ahkaam of the Tareeqah and its characteristics although it is not what we indicated to in terms of the ideology being a Fikrah and a Tareeqah. That is because that means (or refers to) the implementation of the ideology and its application within life whilst our subject here is what precedes that stage i.e. it relates to the method that brought the ideology to the stage of implementation and application.
The Tareeqah, as mentioned previously, relates to the manner of how to safeguard or preserve the Fikrah, the manner of how to implement its solutions and the manner of how to carry its Da’wah to the world. That is whilst the Tareeqah (method) here relates to the manner of how to make the ideology reach the application and implementation i.e. the Hukm (rule). Despite that, it also must be known that the Masdar At-Tashree’ (source of legislation) in this Tareeqah (method) is the same legislative source in respect to the thought and the method and by this I mean the Wahi (divinely inspired revelation). That means the Kitaab and the Sunnah whilst the utilisation of the ‘Aql (mind) and relying upon it is in relation to understanding what the Qur’aan and the Sunnah have brought and for nothing other than that.
It is necessary and obligatory to follow this approach just like the rest of the Ahkaam although this method requires a greater concern (or attention) to be provided to understanding the Seerah of the Messenger of Allah (saw). That is particularly important whilst we witness today all of the Islamic groups which are calling to Islaam, who have specified for themselves a specific goal or set a general thought as a goal that is surrounded by vagueness and obscurity or have not set any goal apart from
just Da’wah and ordering the Ma’roof and forbidding the Munkar, if only in a partial form and manner, or who restrict themselves to their Da’wah to the individual action, that we witness that all of these groups claim to be following and proceeding upon the Tareeqah (path) of the Messenger of Allah (saw) and his methodology, and even the Sufis from amongst them.
The matter therefore requires scrutiny and a focus in respect to understanding this path as it is not enough to just study the Seerah of the Master of Messengers and understand the historical events or a general framework of this Seerah. Rather it is essential to understand it from an authentic source that has absolutely trust amongst all of the Muslims. What I mean by this is to understand the Seerah though the Qur’aan. It is true that the Seerah came to explain the Qur’aan Al-Kareem and to provide details to its Mujmal (ambivalent), to specify its generalities and restrict its Mutlaq (absolute or unrestricted). However, that (also) make it obligatory to have knowledge of the Mubayyan (that which is explained) when acquiring knowledge of the Bayaan (explanation), to have knowledge of the Mujmal (ambivalent or undetailed) when studying the detail, to have knowledge of the generalities when acquiring knowledge of the specification, and knowledge of the Mutlaq when gaining knowledge of the restriction.
For this reason, we must understand the Seerah of the Rasool (saw) via the Qur’aan Al-Kareem and the subject areas which the Messenger of Allah (saw) was obliged to explain to the people. This needs to be connected to the time in which these subject areas were revealed so that we can know the (Da’wah) stage that he (saw) was passing through. Everyone and in particular the writers of the Seerah persisted upon the opinion that the first stage of the Da’wah was secret and that the Messenger of Allah (saw) used to only make contact with those he felt maturity from (or a willingness to take the guidance) and that this stage continued for between three and five years. This view and opinion has almost reached the level of an Ijmaa’ (consensus). This stage continued until Allah (swt) revealed:
(So then) proclaim openly what you have been commanded and turn away from the Mushrikeen (AlHijr 94).
And so the Messenger of Allah proclaimed in accordance to the command and his Da’wah became apparent (or open). Similarly, everyone has insisted upon the view that the concern and attention of the Messenger of Allah (saw) was to educate and develop the Sahaabah in terms of belief, ‘Ibaadah, Khuluq (morals) and actions until he formed from them the best Ummah to have been raised up for mankind. This means the economising (or limiting) the Da’wah in this first stage to the Tarbiyah (education and culturing or development) of the individual, indeed, the continuation of the Tarbiyah of the individual, and from that they understood that the society is made up and formed from individuals. Based on that it followed that: ‘By reforming the individual the society is reformed’ which made most of the movements restrict their Da’wah to the reforming of the individual whilst neglecting to generate the atmospheres of the Da’wah, fighting the corrupt thoughts and beliefs and opposing the rulers. There are also those who do not differentiate or distinguish in their
understanding between the Makki and Madani stages whilst using the following statement of the Messenger of Allah (saw) as an argument to support that: “The Halaal of Muhammad is Halaal until
the day of Judgement and His Haraam is Haraam until the Day of Judgement>>. In this way sharp differences arose in respect to understanding the Seerah whilst each has his own Daleel. For that reason, it became necessary to re-examine the Seerah in light of the subject areas that the Qur’aan Al-Kareem came with according to its time of revelation. That is because it defines the nature of the work that Muhammad (saw) used to undertake and the nature of the stage that demands actions such as these.
So for instance, when examining what has been said about a secret stage and that the Messenger of Allah (saw) only used to invite those whom he felt within them the readiness. So, for example, he invited is life-long friend Abu Bakr, his wife Khadijah, his adopted son Zaid, his cousin and foster-son ‘Ali, may Allah be pleased with them all. This is what they say and that he continued upon this for between three to five years until Allah Ta’Aalaa revealed:
(So then) proclaim openly what you have been commanded and turn away from the Mushrikeen (AlHijr 94).
This is whilst it is known, in accordance to what has been mentioned in respect to the Asbaab AnNuzool (reasons or circumstances for revelation), that this Aayah was preceded by more than 55 Suwar. Let us cast an examination upon this opinion by referring in judgment to the Qur’aan AlKareem and then pass judgment after that upon the validity and correctness of the opinion, as long as there is no dispute in regards to the Hukm amongst the Muslims:
1 – The second or third Soorah to be revealed according to the narrations is Soorah Al-Mudath’thir, meaning the Qawl of Allah Ta’Aalaa:
)1( O you enveloped in garments. Arise and warn (Al-Mudath’thir 1-2).
The ‘Indhaar’ (warning) is not something that is secret.
2 – What was revealed within the same Soorah in regards to the stance of Al-Waleed bin AlMugheerah in respect to the Da’wah, beginning from the statement of Allah (swt):
Leave me alone (to deal) with the one I created alone (Al- Mudath’thir 11).
Until His statement (swt):
I will cast him into hell-fire (Al- Mudath’thir 26).
3 – Soorah Al-Masad:
Perish the two hands of Abu lahab and perish he! (Al-Masad 1).
This Soorah was the sixth Soorah of Qur’aan to be revealed which means that it was revealed at the beginning of the Da’wah and indeed in the early days after the Messenger (saw) was directed to warn. It was revealed in a well-known circumstance when he (saw) stood upon mount Safaa and began to call at the top of his voice “Wa Asbaahaah” until the Quraish gathered around him. Then he (saw) said: What would be your opinion if I was to say to you that there a re war horses behind this
valley? They replied: We have not ever known a lie from you. So he said: Then I bear witness that I am the Messenger of Allah sent to you and before me lies a severe punishment. And so Abu Lahab said to him: Woe to you (Taban laka). Is this what you invited us to (witness)? And then this Soorah was revealed in relation to what he said. It is also evident from the context of the Soorah that he used to be exposed to harm from Umm Jameel (the wife of Abu Lahab) when it called her the carrier of the fire wood. That was because she used to carry wood and thorns and place them in the path of the Messenger of Allah (saw). Does this then not indicate that the Messenger of Allah (saw) did not used to restrict his Da’wah to those he felt the readiness or inclination to receive the guidance but rather his Da’wah was to the all of the masses?
4 – The first Hijrah to Al-Habashah (Abyssinia) was before this Aayah (Proclaim what you have been commanded) from Soorah Al-Hijr i.e. before ‘Umar ibn Al-Khattaab (ra) and Hamza Ibn Abdul Muttalib entered into Islaam in the case where their Islaam marked the beginning of the transition to the second stage. That indicates that the torture and harm inflicted upon the believers before the openness of the call as they have claimed. I am presenting this to make clear the importance of understanding the Seerah in light of the Qur’aan Al-Kareem. There are hundreds of examples within the Aayaat and Suwar similar to this. That is because it is accepted that the Qur’aan was revealed in parts upon the realities and events and that it was not revealed in one go. So there was the one who brought dried bones and blew them in the face of the Messenger of Allah and then said: ‘Who will bring life to the bones when they are decayed?’. Then the answer came to him from above the seven heavens accompanied by rebuke:
And he presents for Us an example whilst he forgets his [own] creation. He says: "Who will give life to bones while they are decayed?" Say: "He will give them life who produced them the first time; and He is, of all creation, fully Knowledgeable" (YaSeen 78-79).
Or the one who commanded his companion to disbelieve after having believed and so Aayaat were revealed within the first Soorah (Al-‘Alaq) warning him:
Have you seen the one who forbids. A servant when he prays? (Al- ‘Alaq 9-10).
Until He (swt) says:
No! If he does not desist, We will surely drag him by the forelock. A lying, sinning forelock. (Al- ‘Alaq 15-16).
Therefore, it is upon this basis that the Seerah must be understood and it represents the only Tareeqah (method) to make the Mabda’ (ideology) reach the practical application i.e. the stage of ruling. By undertaking a quick examination of the Seerah we find the following:
1 – The Messenger of Allah (saw) began his Da’wah to the people relying upon what Allah Ta’Aalaa revealed to him to convey to the people and call them to follow. 2 – The culturing of the one who believed in him in respect to what was revealed upon him from the Wahi until he became a part of this Da’wah. 3 – He formed a political Kutlah (bloc) from this small believing group which was an intellectual entity. 4 – This Kutlah (bloc) proceeded in two stages until the Mabda’ (ideology) was brought to practical application within the third stage. 5 – The first stage was the stage of culturing, preparing and readying the people capable of undertaking the burdens of the Da’wah and of generating the atmospheres for the Da’wah inside and outside of Makkah. 6 – After the accomplishment of this stage the Qawl of Allah (swt) was revealed:
(So then) proclaim openly what you have been commanded and turn away from the Mushrikeen (AlHijr 94).
7 – The Noble Aayah dealt with and took in the following subject areas: 1 A – The Aqeedah with its generalities and partialities, as a sum and in detail according to the requirement of the situation. B – A refutation of the false beliefs and demonstrating their invalidity or falsehood, like the beliefs of the Arab Mushrikeen with their varying idols and beliefs. Those who denied the existence of Allah, those who denied the resurrection and those who described the angels as being female amongst other beliefs. Just as he targeted the Yahood of Bani Isra’eel upon their different opinions and beliefs and what their Rabbis had replaced and changed (of their message) … C – Opposing the leaders of disbelief (A’immat ul-Kufr), the political leaders and thinkers within the society. D – Making clear the corrupt relationships that regulate the life of the society. E – The stories of the Qur’aan for consideration and contemplation.
It is noticeable within the above that the Ahkaam Ash-Shar’iyah related to the regulation of life are absent like the Ahkaam of the state and its mandatory powers like that of guardianship, Al-Jihaad, establishing the Hudood, and indeed the absence of many of the individual Ahkaam related to worship and transactions whilst being restricted to some of the Ahkaam related to the individual and moral conduct. That is because the Ahkaam of the Hudood, guardianship and Al-Jihaad were legislated after the Hijrah just as the Ahkaam of Sawm, Zakaah and Hajj were also revealed in AlMadinah i.e. after the establishment of the state. Even the Salaah was legislated at the time of the Israa’ (night journey) which took place in tenth year of the message.
All of this makes clear a general outline, that must be clear, that the work of the Kutlah prior to the state is restricted to the intellectual struggle represented in demonstrating the Aqeedah and refuting other beliefs and explaining the corruption of the standing societal relationships i.e. generating the atmospheres for the Da’wah. Just as it is represented in the Kifaah As-Siyaasiy (political struggle) against the heads of disbelief and bad leaders. These then are some of the matters to draw the attention to due to them having come within texts which are Qat’iy AthThuboot (definite in transmission) and Qat’iy Ad-Dalaalah (definite in meaning or import). That is in order to shed light upon the understanding of the Tareeqah (method) that the Messenger of Allah (saw) proceeded upon in order to make his ideology reach the place of application and implementation.
The method of Islaam in respect to study: We have said that the Messenger of Allah (saw) used to culture his companions with that which was revealed upon him from the Qur’aan Al-Kareem. So he would recite it to them and explain it to them until he made from them the best people after the Anbiyaa’ (prophets). And we have understood
from his Seerah (saw) that Islaam has a specific Tareeqah (method) in respect to its study. We will summarize it in the following points:
1 – That matters are studied in depth until their true realities are followed comprehended i.e. they are received intellectually. 2 – That the Daaris (student) believes in what he studies so that he works or acts in accordance to it. 3 – That he studies a practical study, applies upon the sensed realities in order to treat them with it.
1 – Islaam came addressing the minds or intellects of mankind and asked the people to examine the realm of the heavens and the earth and to think deeply about what surrounds them in respect to the splendour of the creation and the precision of organisation. That is so that they reach, through the method of examination and thought, to Imaan in the existence of the Khaaliq (creator) Al-Mudabbir (the disposer and regulator of all affairs and matters). The Aayaat of the Qur’aan Al-Kareem addressed them, in its consideration as being the Kalaam (speech) of Allah, in a clear Arabic language despite being deep in its meanings, eloquent in style and a miracle in its composition and manner of speech, which indicates in a definite indication that it is the Kalaam of the Rabb of the ‘Aalameen. This case of such a reality like this requires a depth in respect to understanding these texts and understanding the reality that they were revealed upon. This means putting the mind to work and exerting an intellectual effort in regards to understanding its sentences, comprehending its reality and connecting it to the information by which this reality is understood. This is what is called receiving it intellectually or intellectual reception (At-Talaqqiy Al-Fikriy). This applies equally whether it relates to the Aqeedah which the Muslim has been demanded to take by way of the ‘Aql (mind) and Bayyinah (clear proof/evidence), or if it relates to the Tashree’ (legislation) which also demands the exertion of intellectual effort in order to understand the text and understand the reality that it is applied upon. This intellectual receiving process is what generates the effect within the Nafisyah (disposition) of the Daaris (student) and his sentiments. That is because embodying or fully taking in the reality within the mind in a manner that makes it personified and touched upon (i.e. fully sensed) generates the truthful sensation about it. Just as fully comprehending the meaning of the text related to this reality also embodies it and from that there is generated from him a sensation of the obligation to apply it upon the reality that it is specified for. Based on this, the result of the intellectual receiving of the Islamic culture impacts upon the sensations generating the sensation of the obligation to work or act, instigating a burning blaze and enthusiasm in addition to the development of the knowledge and broadening of horizons.
2 – The Islamic Thaqaafah (culture) comprises of two points:
A – What the Aqeedah came with. B – What the Aqeedah was the cause or reason for its study.
As for what the Aqeedah came with, then that is the Qur’aan Al-Kareem and the Sunnah AshShareefah. As for what the Aqeedah was the reason or cause for its study then that is the Arabic language and its sciences in addition to the understanding of the realities, events and matters (or
things). In the case where the Aqeedah is the basis or foundation of the Islamic culture, it is necessary for the Daaris to believe (I’tiqaad) in what he is studying.
And so the Islamic Aqeedah is ‘Aqliyah, it addressed the ‘Uqool (minds) and its study requires generating the thought to arrive at the true reality and the truthfulness of what he is studying.
(The author (May Allah’s mercy be upon him) reached up to this point in the Sharh which corresponds to p62 of the Book Al-Mafaaheem).
