الصفحات

Wednesday, November 20, 2019

Islam is A Global Religion

Islam is A Global Religion

Islam is A Global Religion



Allah has sent His Prophet Muhammad to address humanity at all times and everywhere. He fits multiple human races and energies.

As the Prophet has been a magnet for all his significant contemporaries: the genius of war, the genius of management, the genius of youth, the genius of wisdom, and the genius of Sufism, also Islam has been the same. It is still a magnet for those of action with different abilities and tendencies.

Some of them can only perform obligations perfectly, some others exceed performing obligatory prayers to perform also regular Sunnah prayers, and others accept nothing but being from those of high rank.

And out of God’s mercy that He does not refuse any of them; instead, He accepts all their deeds regardless their values, on two conditions:
¨The doer is a Muslim.                                  
¨His deed is only for the sake of God.

This is according to God’s saying Race toward forgiveness from your Lord and Garden whose width is like the width of the heavens and earth, prepared for those who believed in Allah and His messengers. That is the bounty of Allah which He gives to whom He wills, and Allah is the possessor of great bounty﴿ 
Chapter of Iron (Surat AL-Hadeed) Verse NO 21

Allah has put His servants into ranks according to their deeds; i.e., some of them are Muslims, some are believers, and others are doers of good and pious.
This has been provided in the tradition, in which the Prophet has defined Belief, Islam, and the doing of good:   https://sunnah.com/urn/181120

God says They are [varying] degrees in the sight of Allah, and Allah is Seeing whatever they do﴿ Chapter of Family of Imran. Verse NO 163

An example of the least active persons:


●Abu-Suhail narrated from his father: That he heard Talha ibn ᶦUbaidallah say: 
“A man from Najd with dishevelled hair came to the Messenger of Allah asking about Islam. 
The Messenger of Allah said, ‘Five prayers every day and night.’ 
He said: ‘Do I have to do any more than that?’ 
He said: ‘No, but whatever you do out of your own free will.’ 
The Messenger of Allah said, ‘Fasting the month of Ramadan.’ 
He said: ‘Do I have to do any more than that?’ 
He said: ‘No, but whatever you do out of your own free will.’ 
Then the Messenger of Allah told him about charity (Zakah). 
He said: ‘Do I have to do any more than that?’ 
He said: ‘No, but whatever you do out of your own free will.’ 

The man left saying, ‘I will not do any more than that or any less.’ 
The Messenger of Allah said: ‘He will succeed if he is telling the truth.’
Reference: Sunan AL-Nasaᶦi 5028    Book 47, Hadith 44

Note that: The Prophet did not mention pilgrimage in the previous tradition as it has not been made obligatory at that time yet. It has been made obligatory in the ninth year of Hijrah.

An example of the most active persons:


●It was narrated from Abi- Hurairah that the Messenger of Allah said, “Who amongst you is fasting today?” Abu-Bakr said: “I am.” 
He said: “Who amongst you followed a funeral procession today?” Abu-Bakr said: “I did.” 
He said, “Who amongst you fed a needy today?” Abu-Bakr said: “I did.”
He said, “Who amongst you visited a sick man today?” Abu Bakr said, “I did.” 
Thereupon, Allah’s Messenger said: “Anyone in whom (these good deeds) are combined will certainly enter Paradise.”
Reference: Sahih Muslim 1028b      Book 44, Hadith 13

●Abu-Hurairah (May Allah be pleased with him) reported:
Some of the poor Emigrants came to the Messenger of Allah and said to him, “The wealthy have obtained all high ranks and everlasting bliss.” 
He asked, “How is that?” 
They replied: “They perform prayer as we do, and fast as we do, but they give alms (Sadaqah) and we do not, and they free the slaves but we cannot.”

 He said, “Shall I not teach you something with which you will catch up with those who have preceded you and will get ahead of those who follow you, and no one will surpass you unless he does the same as you do?”

They said, “Surely, O Messenger of Allah.” 
He said: “Say: ‘Subhan Allah, Allahu Akbar and AL-Hamdu Lillah’ thirty three times at the end of every prayer.” 
They returned to him and said: “Our brothers, the possessors of wealth, having heard what we are doing, have started doing the same.” 
The Messenger said, “This is Grace of Allah which He gives to whom He wishes.”
Reference: Riyad As-Saaliheen.     The Book of Miscellany [AL Bukhari and Muslim]

¨Thus, Islam has offered grades in Paradise and opened doors for those who want to do more good deeds. This is by volunteering or optional worship beside performing obligations.

For example:

*Beside five obligatory prayers, we can perform the regular Sunnah prayers.
*Beside fasting the month of Ramadan, we can perform voluntary fasting.
*Beside obligatory charity (Zakah), we can give alms (Sadaqah).
*Beside pilgrimage, we can perform ᶦUmrah.
*Beside inheritance, we can make a bequest.

●Abu-Hurairah (May Allah be pleased with him) reported:
The Messenger of Allah (P.P.B.U.H) said, “Allah, the Exalted, has said:

‘The most beloved thing with which My servant comes nearer to Me is what I have enjoined upon him, and My servant keeps on coming closer to Me through performing optional worship (Nawaafil) till I love him. 

When I love him I become his hearing with which he hears, his seeing with which he sees, his hand with which he strikes, and his leg with which he walks; if he asks My Protection (refuge), I protect him.’
Reference: Riyad As-Saaliheen.   The Book of Miscellany [AL-Bukhari].
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Women compete with men


Even women in the days of the Prophet were not distracted, with childbirth and raising this large number of strivers, from looking for means of reaching high levels in Paradise, as they believed in justice of Allah Who says Never will I allow to be lost the work of [any] worker among you, whether male or female; you are of one another﴿ 
Chapter of Family of Imraan. Verse NO 195
=========================
Mujahid reported: Umm Salamah said, “Men fight and women do not fight, and we only get half the inheritance.” So, Allah revealed And wish not for things in which Allah has made some of you excel over others…﴿ Chapter of Women. Verse NO 32
Mujahid said: “And the following was revealed about that: Verily the Muslim men and the Muslim women….﴿ Chapter of the Confederates. Verse NO 35 
And Umm Salamah was the first camel-borne woman to arrive in AL-Madinah as an emigrant.”
Reference: Jami AL-Tirmidhi.  Book 47, Hadith 3295
=========================

●ᶦAishah (May Allah be pleased with her) reported: I said: “O Messenger of Allah! We consider striving (Jihaad) as the best deed, should we not then go for Jihaad
The Messenger said: “The best Jihaad for you women is accepted pilgrimage (Hajj Mabrur).”  
Reference: Riyad As-Saaliheen. The Book of Hajj [AL-Bukhari].
=========================

Abu Said AL-Khudri reported: Some women requested the Prophet to fix a day for them as the men were taking all his time. 
On that he promised them one day for religious lessons and commandments. Once during such a lesson the Prophet said, “A woman whose three children die will be shielded by them from the Hell fire.”
On that a woman asked, “If only two die?”
He replied, “Even two (will shield her from the Hell fire).”
Reference: Sahih AL-Bukhari    Book 3, Hadith 43







Sunday, November 10, 2019

The Four Schools of Jurisprudence

The Four Schools of Jurisprudence

The Four Schools of Jurisprudence


Introduction:

Muslims gathered around the Prophet, were sincere in their religion for Allah, and succeeded in forming a new society that is ruled by the Book and the Sunnah.

Then, they went on to spread the light of Allah everywhere and could remove the two largest corrupt states at that time: the Persians and the Romans. Also they could remove the despots in the north of the Arabian Peninsula who follow them like AL-Manaadhirah and AL-Ghasaasenah.

Muslim armies were accompanied by jurists from the Prophet’s Companions who studied under him and went on to teach people provisions of Islam and regulate their lives in which ways of living differed from one region to another.

This was followed by the appearance of schools of giving legal opinions (Iftaaᶦ):

Imam Abu-Hanifah School.

Imam Malik ibn Anas School.

Imam Shafii School.

Imam Ahmad ibn Hanbal School.


 

These schools were not the only ones that appeared in the early times, but there were more than eighty independent famous jurists, such as AL-Layth ibn Saᶦd in Egypt, Imam ibn Taymiyah in Damascus and his student ibn AL-Qayeem, also ibn Hazm AL-Andalusi.

¨The Prophet’s message has spread to the world by two groups of the Companions:
①A group stayed in AL-Madinah, to whom people went and asked for legal opinions.
②And a group went off with the conqueror Muslim armies to teach people provisions of the religion.

Causes of emergence of these schools:

1) The death of the Prophet, i.e., he was no longer alive to answer Muslims’ questions and give them legal opinions.
2) The death of the Prophet’s Companions who lived with the Prophet and gave people legal opinions.
3) Appearance of new issues due to Muslims’ new life.
4) The presence of a number of the Companions in AL-Madinah made it difficult for people to travel to them.

Some of the most important famous scholars


Imam Abu Hanifah

He is AL-Numaan ibn Thabit. He was born in Kufa, in 80 A.H.

He lived for fifty years under the Umayyad Caliphate and for twenty years under the Abbasid Caliphate. 

He was famous for wisdom and self-esteem and was fond of debates and thought. He had followers and students who disseminated his opinions in many Muslim countries.

He established his school in Kufa.

He tends to juristic deduction and depends to a lesser extent on the Prophetic tradition. The Shariah Judiciary and educational books in Egypt depend on his school.
He died in 150 A.H., under the Caliph Abu-Gafar AL Mansour.
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❷Imam Malik ibn Anas

He was born in AL-Madinah AL-Munawwarah in 93 A.H.
He learned in it among the Companions and the Successors of the Companions.

He became the leader of the jurisprudents of AL-Hejaz so that it was said: “NO one is asked to give a verdict while Malik is in AL-Madinah.”

He was called “Imam of Dar AL-Hijrah (AL Madinah).”
His school combines between tradition, jurisprudence, interpretation, and history.
He disagreed with Abi Jaᶦfar AL-Mansour who ordered to flog him. But the Caliph AL Mahdi got close to him and narrated his book “AL-Muwatta”.

Malik ibn Anas School spread in Morocco and Andalusia. His book “AL-Muwatta” has gained a great fame. He wrote it in forty years. He has combined between jurisprudence and tradition in it.

The Abbasid Caliphs suggested to publish his book and commit people to it, but he refused this suggestion. Imam Shafii is one of his students.

Malik ibn Anas died in AL Madinah in 179 A.H. under the Caliph Haroun AL Rasheed.
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❸Imam Shafii

He is Muhammad ibn Idrees. 
He was born in Shafiᶦ in Ghazah in 150 A.H. ,i.e., in the same year of Abi Hanifah’s death.

His descent is the same as that of the Prophet in Hashem ibn Abd Manaaf.

He learned language and literature in Makkah.

He memorized the Qurᶦan at the age of seven, and studied under Imam Malik so that he memorized “AL-Muwatta” at the age of ten.

He became a jurisconsult at the age of fifteen. Then he went to Iraq where he met Abu-Hanifah’s friends, thus he combined between acquaintance of the scholars of tradition (Imam Malik), and the scholars of juristic deduction (Abu-Hanifah).

He took over some administrative acts in the Yemen under Haroun AL-Rasheed.

His school spread in Egypt, Damascus, and Iraq.

Imam Shafii is famous for his fluency and intelligence. He has set a good example for that. He has composed many poems in wisdom and preachment.

 He has established two schools. The first of them is in Iraq. 
On his last days, he moved to Egypt in 199 A.H. and lived in AL-Fustat (ancient Cairo). Then he started to teach people in Amr ibn EL-Aas Mosque. As he realized that the living conditions of people in Egypt differed from that of people in Iraq, he established his new school.

He wrote 113 books and established the science of jurisprudence principles.

He died in Egypt in the month of Rajab in 204 A.H. He was buried in Egypt near his mosque in the time of the Caliph AL-Mamoun.
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Imam Ahmad ibn Hanbal

He was born in Baghdad in 164 A.H.

He met Imam Shafii and studied under him, then he moved to Damascus and AL-Hejaz.
He is one of the most adherent people to the Holy Quran and the Prophetic Tradition. 
Bukhari and Muslim are of his students. 
He has written his book “AL-Musnad AL-Kabeer” which includes 40000 traditions.
He died in 241 A.H. under the Caliph AL-Mutawakkil.
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A comment on the Schools


Diversity of schools is a mercy for people and not a contradiction as the stupid claim.

Some of those scholars have taken the prudent opinion, and the others have taken the easiest opinion. 

This diversity does not affect the principles of the faith or the worship. There are red lines that any independent jurist cannot cross.

For example: NO one can give a legal opinion that makes sunset prayer of two prayer units instead of three, makes morning prayer of three units instead of two, or omits any verse or Chapter of the Holy Quran.

This diversity is due to that the Holy Quran and traditions are in Arabic Language. And Arabic Language vocabularies allow deduction in some of its expressions.


  



Tuesday, November 5, 2019

Rejected Legal Opinions

Rejected Legal Opinions

Rejected Legal Opinions




Some people break into the field of juristic deduction and legal opinions, that results in destroying themselves and leading others to Hell.

¨Some of them say, “A legal thing (Halal) is the thing that is suitable to society’s values and traditions, and the prohibited thing (Haraam) is the thing that is unsuitable to society’s values and traditions.”

¨And others advise you and say, “Do not be confused. The Messenger has said, ‘Consult your heart. Piety is that about which the soul feels at ease and the heart feels tranquil. And sin is that which wavers in the soul and causes uneasiness in the breast.’

In reply to that God says:

And if you obey most of those upon the earth, they will mislead you from the way of Allah. They follow not except assumption, and they are not but falsifying﴿ Chapter of the Cattle. Verse NO 116

Then is one to whom the evil of his deed has been made attractive so he considers it good [like one rightly guided]?﴿ 
Chapter of the Orginator (Surat Faatir).

Or have they other deities who have ordained for them a religion to which Allah has not consented?﴿ 
Chapter of Consultation (Surat Ash-Shuraa).

Have you seen he who has taken as his god his [own] desire, and Allah has sent him astray due to knowledge and has set a seal upon his hearing and his heart and put over his vision a veil? So who will guide him after Allah? Then will you not be reminded?﴿ 
Chapter of Bowing the Knee (Surat AL-Jathiyah). Verse NO 23

●And the Prophet says, “Both legal and illegal things are obvious.”
Reference: Sahih AL Bukhari 2051   the Book of Sales and Trade. Hadith 5

*When we reply to that according to mindfulness, we say:

It is impossible for the society’s values and traditions to be a source of legislation; they change from time to time and differ from one place to another, and Islam does not accept changing its provisions and acts of worship.



Thursday, October 31, 2019

Sources of Legislation in Islam


Sources of Legislation in Islam

Sources of Legislation in Islam

[The Holy Qurᶦan, the Prophetic Sunnah, Analogy (Qiyaas), and Juristic Deduction (Ijtihaad)].


Introduction:

Every legal decision (For example: lawful, prohibited, allowed, etc…) and every legislation must be based on an evidence from the Holy Qurᶦan.

If this evidence is not found in the Holy Qurᶦan, scholars search for it in the Prophetic Sunnah (a saying, an act, or a tacit approval) concerning this situation.

If this also is not found, we use “analogy” which means searching for a similar situation that occurred in the time of the Prophet.

If this also not obtained using analogy, a jurisprudent uses juristic deduction, if only he is eligible to do so, in order to conclude a legal decision which is suitable to the objectives of Islamic Law.

Legal decisions have frequently been derived from the Holy Qurᶦan and Prophetic Sunnah, especially in obligations and pillars, so the Prophet has emphasized them.

●ᶦIrbaad ibn Sariyah (May Allah be pleased with him) reported: The Messenger of Allah said: “Verily he among you who lives long will see great discord, so you must keep to my Sunnah and the Sunnah of the Rightly- Guided Caliphs (AL-Khulafaa Ar-Rashideen), those who guide to the right way. 
Hold fast to it [literally: cling to it with your molar teeth]. 
Beware of newly invented matters [in the religion], for verily every innovation (Bidᶦah) is a misguidance.” 
Reference: 40 Hadith Nawawi 28

Note that:
The Rightly-Guided Caliphs are Abu Bakr As-Sideeq, ᶦUmar ibn AL-Khattab, ᶦUthman ibn ᶦAffan, and ᶦAli ibn Abi Talib.

●Yahya related to me from Malik that he heard that the Messenger of Allah, may Allah bless him and grant him peace, said, “I have left two matters with you. As long as you hold to them, you will not go the wrong way. They are the Book of Allah (the Holy Qurᶦan) and the Sunnah of His Prophet.”
Reference: Muwatta Malik- The Decree.  Book 46, Hadith 1628
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The Book of Allah and the Sunnah


Examples for them:


¨Pilgrimage is a pillar and an obligation.
From the Qurᶦan: And [due] to Allah from the people is a pilgrimage to the House- for whoever is able to find thereto a way﴿ 
Chapter of the Family of ᶦImran.

From the Sunnah (As a saying):

Abu-Hurairah (May Allah be pleased with him) reported: The Messenger of Allah (P.P.B.U.H) delivered a speech and said, “O people! Hajj has been made obligatory for you, so perform Hajj.” [Muslim].

(As an act):
●Narrated Qatadah: I asked Anas, “How many times did the Prophet perform Hajj?” He (Anas) replied, “Once.”
……………………………….
¨Sacrifice is slaughtered after the prayer of Sacrifice Festival (ᶦId AL-Adha).
From the Qurᶦan: So pray to Your Lord and sacrifice [to Him alone]﴿ Chapter of AL-Kawthar. Verse NO 2

From the Sunnah:
●Narrated AL-Baraᶦ: I heard the Prophet (P.P.B.U.H) delivering a speech saying, “The first thing to be done on this day (the first day of the Festival of Sacrifice) is to pray; after returning from the prayer we slaughter our sacrifices (in the name of Allah) and whoever does so, he acts according to our Sunnah.”
Reference: Sahih AL-Bukhari 951          Book 13, Hadith 3
……………………………….
¨Prohibition of wine.
From the Qurᶦan: O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but defilement from the work of the Devil, so avoid it that you may be successful﴿ Chapter of the Table. Verse NO 90

From the Sunnah:
●Abu Said AL-Khudri (May Allah be pleased with him) reported: I heard Allah’s Messenger saying, “Verily Allah, the Exalted, has forbidden wine. So who hears this verse and he has anything of it with him, he should neither drink nor sell it.”
Reference: Sahih Muslim 1578      Book 22, Hadith 82
……………………………….
There are many other such examples.
Sometimes legislation comes from the Prophetic Sunnah only. And this occurs according to God’s saying And whatever the Messenger has given you- take, and what he has forbidden you- refrain from. And fear Allah; indeed, Allah is severe in penalty﴿ 
Chapter of the Gathering.

Analogy

It is appending a matter, for which there is no text in the Qurᶦan or the Sunnah, to another matter for which there is a text in the Qurᶦan or the Sunnah. This is done when the two matters have the same rationale for this legal decision.

The Prophet has approved analogy as a source of legislation.

●Narrated Ibn ᶦAbbas: A woman from the tribe of Juhaynah came to the Prophet and said, “My mother had vowed to perform pilgrimage but she died before performing it. May I perform pilgrimage on my mother’s behalf?” 
He replied, “Yes! Perform pilgrimage on her behalf. If your mother had been in debt, would you have paid her debt or not? So, pay Allah’s debt as He has more right to be paid.”
Reference: Sahih AL-Bukhari 1852            Book 28, Hadith 32

Also the Prophetic tradition:
●Allah’s Apostle said, “Every intoxicant is wine (Khamr), and every wine is prohibited.”    
Reference: Sahih Muslim 2003d     Book 36, Hadith 95

According to the previous tradition, the logic analogy prohibits everything causes intoxication, no matter how many names are, like: whiskey, champagne, brandy, etc…
Whiskey causes intoxication, and everything causes intoxication is prohibited. Thus whiskey is prohibited.
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Juristic deduction


It means that a jurisprudent or a jurisconsult makes an effort in concluding a legal decision for a case that is not provided in the Qurᶦan or the Prophetic Sunnah and there is no similar case has occurred during the life of the Prophet and his Right Guided- Caliphs.

Conditions in which juristic deduction is allowed:
1) When there is no text in the Book or the Sunnah.
2) When there is a text but with no decisive proof.

Conditions of the independent jurist (who uses juristic deduction):
❶ He is a Muslim.
❷ He memorizes the Holy Qurᶦan perfectly.
❸ He is familiar with a number of the Holy Qurᶦan interpretations.
❹ He has studied the Prophetic Sunnah [traditions’ chains of authority (Sanad AL-Hadith) and traditions’ texts (Matn AL-Hadith)]. Also, he is aware of the true, weak, and fabricated traditions.
❺ He is an expert in jurisprudence principles, basics, and legal decisions. Also, he is familiar with the issues upon which there has been a consensus of the previous jurists.
❻ He is familiar with grammar, morphology, and vocabulary of Arabic Language.
❼ He consults a number of scholars regarding his opinion.
❽ Mental ability to balance between matters.
❾ He is quick- witted when he receives questions.
❿ He is familiar with people’s living conditions.

Legitimacy of juristic deduction


●Some companions of Muᶦadh ibn Jabal said:
“When the Messenger of Allah intended to send Muᶦadh ibn Jabal to the Yemen, he asked: ‘How will you judge when the occasion of deciding a case arises?’ 
He replied: ‘I shall judge in accordance with Allah’s Book.’ 
He asked :(What will you do) if you do not find any guidance in Allah’s Book?’ 
He replied: ‘(I shall act) in accordance with the Sunnah of the Messenger of Allah.’ 
He asked: (What will you do) if you do not find any guidance in the Sunnah of the Messenger of Allah and in Allah’s Book?’
He replied: ‘I shall do my best to form an opinion and I shall spare no effort.’
The Messenger of Allah then patted him on the breast and said: ‘Praise be to Allah Who has helped the messenger of the Messenger of Allah to find something which pleases the Messenger of Allah.’
Reference: Sunan Abi Daoud 3592     Book 25, Hadith 22

Note Muᶦadh ibn Jabal was eligible to be an independent jurist.

●It was narrated from Anas ibn Malik that the Messenger of Allah said: “The most knowledgeable of my nation concerning the lawful and unlawful is Muᶦadh ibn Jabal.”           
Reference: Jamiᶦ AL-Tirmidhi. Chapter on Virtues.

¨When ᶦUmar ibn AL-Khattab appointed “Shuraiyh ibn AL-Harith” to be the judge of AL-Kufah, he said to him, “Refer to the thing that appears to you in the Book of Allah and do not ask anyone about it. When it does not appear to you in the Book of Allah, then follow the Sunnah of Allah’s Apostle in it. When it does not appear to you in the Sunnah, then make your independent juristic decision in it and consult scholars and righteous people.”

A juristic rule: No juristic deduction in the presence of a text.

We have previously mentioned that the Book and the Sunnah are the main sources for concluding a legal decision. So, when an evidence is found in both of them or in one of them, then no juristic deduction in the presence of a text.
For example:
God says And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt﴿

It is an explicit provision in Chapter of Women in distribution of inheritance, so it is prohibited for any independent jurist to submit an opinion that violates it.

Respecting the text, which is present in the Book and the Sunnah, appears clearly in the Battle of Badr:

The Prophet took a place where he gets ready to meet Quraysh. 
Then, AL-Hubab ibn AL-Mundhir said to him: “Has God chosen this place for you, so that we cannot move forward or backward from it, or it is the opinion, the war, and the deceit?”
The Prophet said, “Indeed, it is the opinion, the war, and the deceit.”

AL-Hubab said, “O Messenger of Allah! As it is not a place (that Allah defined for you), lead people to move till we reach the nearest (well) of water and stay at it. Then, we make water more sunken in the other wells. 
As a result, we can drink water but they (our enemies) cannot drink it.

The Prophet said, “You have expressed the (wise) view.” Then, the Prophet got up and moved with his army according to AL-Hubab’s advice.

Note that: The water of Badr is a creek that flows in the plain of Badr, then it disperses in several wells.    


    

 








Selections from Islamic Jurisprudence - Preface

The Aim of Translating This Book ﴾ Praise be to Allah, Who has guided us to this, and in no way we could have been guided, unless...