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Q&A: About Dua’a (supplication)
The following is the translation of an Arabic Q&A from the website of Sheikh Ata’ Abu Rashta.
Question:
Discussion took place at a meeting on the subject of prayer, particularly what has been mentioned in the book “Concepts of HT” at page no. 57 and 58… so, it is stated: Is supplication (Dua’a) is an action which is for reward only? Or it an action which achieves tangible result also? Is the method of implementation of Islamic idea is not incorporated in supplication (Dua’a), rather these are materialist actions which achieve tangible results? Is combining these actions with supplication (Dua’a) contrary to the method of Islam? And what about the Hadith of the Prophet (saw): “There is no Muslim who calls upon his Lord with a supplication in which there is no sin or severing of family ties but Allah will give him one of three things: Either He will answer his prayer quickly, or He will keep equivalent reward for him (in the Hereafter), or He will divert an equivalent evil away from him“. The companions (ra) then said: “in such a case we will supplicate as much as we can”. The Prophet (saw) remarked: “Allah gives abundantly“. I.e. are there tangible results which happen due to effect of Dua’a as if does Allah expedite realization of the need of the supplicant in Duniya? As Allah favours his servants by responding to the supplication of the distressed one when he calls Him, as mentioned in the noble Ayah (Is not He (better than your gods) Who responds to the distressed one, when he calls Him)…
Kindly clarify this matter and May Allah reward you.
Answer:
There seems to be confusion in understanding what was mentioned at pages 57 and 58 of the Concepts. So, what is mentioned therein on the subject of Dua’a, and that it attains non-tangible results “reward” is in the context of a particular case, i.e. the Shar’ai rules have explained the method of dealing with any issue. However, we don’t utilize it. Rather, we suffice to supplicate only. The book has cited the examples of Jihad and Dua’a, towards opening a fortress or fighting an enemy…
With regard to the other circumstances, Dua’a may produce tangible results if Allah wills in addition to the award as mentioned in the reported hadith of the Prophet (saw), which was stated in the question.
In order to shed light upon the matter, I will review what was mentioned at pages 57 and 58 of the Concepts:
1- It was mentioned at the beginning of page 57: (On examining those actions which are defined by the Shar’ai rules related to the Tareeqah, we find that they are materialistic actions achieving tangible results. They are not actions aimed at achieving non-tangible results…), end of quotation.
And this is correct. By examining the evidences, it is found that the actions related to the Tareeqah achieve tangible results.
2- Then the book compared the above text between Dua’a and Jihad in case of opening a fortress or city or killing the enemy, and deemed that the prayer (Dua’a) alone is not the way and that Jihad is the method in this case on the strength of the evidences stated therein …
It was stated in the Concepts: (For example, supplication (dua’a) is a materialistic action that achieves a spiritual value, and jihad is also a materialistic action that achieves a spiritual value. However, dua’a, although being a materialistic action, it achieves a non-tangible result which is the reward even if the intention of its performer was to achieve a spiritual value. This is in contrast to jihad, fighting against the enemy is a materialistic action which achieves a tangible result, e.g. the opening of a fortress or city, or killing the enemy and the like, even if the intention of the mujahid was to achieve the spiritual value…)
So, the comparison here is between prayer (dua’a) and Jihad at the time of fighting enemies or opening a fortress..:
If only dua’a is performed, it achieves a non-tangible result which is the reward. This is because the way stated in this case is Jihad and not Dua’a. So, the topic here is to make comparison between the supplication (dua’a) alone, in case it was used alone in a issue without adopting the way clarified for the same issue.
This case cannot be generalized by making the supplication (dua’a) ‘in other cases, which don’t have any effect in the tangible results, rather they only achieve the reward! For the reason that what has been mentioned in the earlier passage is related to a issue which in the Sharia has a practical way that was not followed; rather only the supplication (dua’a) was performed and supplication (dua’a) achieves non-tangible results which is reward.
It seems that the confusion came from the sentence stated in the example that cited, so it has been stated “However, dua’a, although being a materialistic action, it achieves a non-tangible result which is the reward…“, so the sentence was considered by some of you to have a general implication i.e. the supplication (dua’a) in all cases achieves only the non-tangible results “reward”, while the context of the parable is in a particular case, which is to make use of only the supplication (dua’a) in opening a fortress or defeating an enemy without adopting the way (required to achieve the target) which was stated in the texts to be “Jihad”.
3- As for the supplication (dua’a) together with adopting the means, it have impact on the results, as it was practiced by the Prophet (saw) and his companions (may Allah be pleased with them). So, the Prophet (saw) used to prepare the army and also enters Al Arish supplicating Allah. The Muslims in the battle of Qadisiyah were preparing themselves to break into the river, and (at the same time) Saad (may Allah be pleased with him) was engaged in supplication to Allah… This way the true believers used to prepare themselves (for the battle) and supplicate for blessings of Allah. Likewise, anyone seeking to earn livelihood, strives and works hard as well as supplicates Allah; the student studies and take pains as well as ask Allah for the success and accordingly, it has impact on the results if Allah wills.
It was stated in the Concepts at the bottom of page 58: (It must be noted that though the action indicated by the Tareeqah is a materialistic action which achieves tangible results, this action should be directed by the commands and prohibitions of Allah with the intention of earning Allah (saw) pleasure. The Muslim must also be dominated by his awareness of his relationship with Allah, so he seeks nearness to Allah through salah, dua’a, recitation of the Qur’an and so on. He must also believe that Nasr is from Allah. It is necessary that Muslims maintain taqwa established in the heart to implement the rules of Allah. It is also necessary to make dua’a and to remember Allah (dhikr), and to maintain the relationship with Allah whenever undertaking all actions). So the importance of Dua’a coupled with adopting the means is evident in all actions of the believer. And the repetition of the word “must” has increased this importance to show the great significance of connecting all the actions with Dua’a and always having close relationship with Allah…
4- Performing Dua’a together with adopting the means, as we said earlier, was the practice of Prophet (saw), his companions (may Allah be pleased with them) and the believers. They, when coupled together, have the impact on the results if Allah wills, and their simultaneous use does not violate the Islamic way. Rather, what violates the Islamic way is to get restricted to Dua’a only without adopting the way explained by the Shar’ai rules for implementing the Islamic fikrah (Idea).
It was stated at the end of page 57 and beginning of page 58: It is completely unacceptable that all actions used to implement the Islamic Fikrah be those actions that achieve non-tangible results. This is contrary to the nature of the Islamic Tareeqah…) i.e. it is contrary to the nature of Islamic Tareeqah that “all the actions aimed at implementing the Islamic Fikrah are the actions which achieve non-tangible results”. However, the fact that some of them that achieves non-tangible results “Dua’a in specific cases” are coupled with actions that achieve tangible results “the materialistic preparation” so it is an expected and significant matter and is not contrary to the nature of Islamic Tareeqah.
5- Thus, what was stated in the Concept on the subject of Dua’a, has two conditions:
First: It alone should be used to implement a Fikrah, which has no specific way for implementation. Rather, the texts stipulated another way to implement it such as Dua’a in the case of fighting the enemy, that we should stand in front of the fortress in order to open without preparing an army for fighting but to resort to Dua’a only. In such a case, Dua’a does not achieve except non-tangible results and that is “reward”.
Second: Dua’a should be coupled with adaptation of the means and this is an indispensable matter. In such a case, both participate i.e. “Dua’a and adopting the means” in having impact on the results if Allah wills.
And there is nothing in the “Concepts” which talks about Dua’a in other cases. Rather, that is covered by the general hadith stated by Ahmad in his Musnad, reporting from Abu Al Mutawakkil, who reported from Abu Sa’eed that the Prophet (peace be upon him) said: “There is no Muslim who calls upon his Lord with a supplication in which there is no sin or severing of family ties but Allah will give him one of three things: Either He will answer his prayer quickly, or He will keep equivalent reward for him (in the Hereafter), or He will divert an equivalent evil away from him“. The companions (ra) then said: “in such a case we will supplicate as much as we can”. The Prophet (saw) remarked: “Allah gives abundantly” i.e. Allah the Almighty responds to the supplicant with one of the three, including “Either He will answer his prayer quickly“. And this is a tangible result.
6- Therefore, there are possible tangible results of Dua’a in a case other than what was stated in the Concepts, as the Hadith mentioned one of the three “Either He will answer his prayer quickly” and this is a tangible result. Example of this is what happens in Salat Al Istisqa (the prayer for rain) “which is a Dua’a” in terms of achieving tangible results by the rainfall, and what happens in ruqyah “which is a Dua’a” in terms of achieving tangible results by the healing of patient. These cases are similar to what happens when one gets cured by receiving the materialistic treatment…
Allah favours his servants in his noble Ayat by responding to the supplication of the distressed one, when he calls Him. Thus He has made this responding a proof that there is no god but Allah. And it is evident from the above that, responding to the distressed one is here in this world. The word “distressed” is a description which indicates requesting a need in this world. Accordingly, the respond is tangible if Allah wills. He the Almighty says: (Is not He (better than your gods) Who responds to the distressed one, when he calls Him and Who removes the evil, and makes you inheritors of the earth, generations after generations. Is there any ilah (god) with Allah? Little is that you remember).
Allah the Almighty enjoins us to supplicate him and promises to respond to it (And your Lord said: “Invoke Me, [i.e. believe in My Oneness (Islamic Monotheism)] (and ask Me for anything) I will respond to your (invocation). The Prophet (saw) has explained this responding that it is “one of the three” including the tangible result. And of course achieving the results whether they are tangible or non-tangible, are all from Allah’s willingness and favor.
In summary:
The gist of what was stated in the Concepts is:
A- The Tareeqah are actions that achieves tangible results:
B- The comparison between only Dua’a and Jihad is related to the subject of opening a fortress or fighting an enemy… so, Dua’a in this case does not lead to a tangible result. Rather, only to reward for the reason that it alone is not the way to open the fortress or kill the enemy…
C- All actions used to implement fikrah of Islam should not be those (actions) that lead to non-tangible results. Rather, the actions that achieve tangible results should be coupled with actions that achieve non-tangible results such as preparation of the army for fighting together with supplication (Dua’a) to Allah the Almighty for victory.
D- Dua’a is essential for a Muslim during his performance of the Tareeqah… as was the practice of the Messenger of Allah (saw) and his companions (may Allah be pleased with them).
* This is what was stated in the Concepts on the condition of Dua’a that does not exceed the reward, i.e. in case Dua’a alone is used to an issue such as opening of fortress…, and not adopting the Tareeqah clarified by the Shar’ai rules related to the same issue, which is in this case is Jihad.
As for other cases of Dua’a, they fall under the general hadith of the Prophet (saw) “There is no Muslim who calls upon his Lord with a supplication in which there is no sin or severing of family ties but Allah will give him one of three things: Either He will answer his prayer quickly, or He will keep equivalent reward for him (in the Hereafter), or He will divert an equivalent evil away from him“. The companions (ra) then said: “in such a case we will supplicate as much as we can”. The Prophet (saw) remarked: “Allah gives abundantly” as stated by Imam Ahmad in his Musnad.
It is evident from this hadith that Allah the Almighty fulfills the need of the supplicant in this world that is tangible or diverts an equivalent evil from him in this world and that is also tangible, or He will keep equivalent reward for him on the day of resurrection and that is reward i.e. non-tangible result. Allah the Almighty is of the immense favor, as well as He is the Most Beneficent and the Most Merciful, honors His servant the reward of his Dua’a, even by answering his supplication in this world. So, all the praise is for Allah (SWT), the Sustainer and Cherisher of all worlds.
4th Dhu’l-Qadah, 1432 AH.
1st October, 2011 CE.
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Fasting and Piety (Taqwa)
يَا أَيُّهَا الَّذِينَ آَمَنُوا كُتِبَ عَلَيْكُمُ الصِّيَامُ كَمَا كُتِبَ عَلَى الَّذِينَ مِنْ قَبْلِكُمْ لَعَلَّكُمْ تَتَّقُونَ
O ye who believe! Fasting is prescribed to you As it was prescribed to those before you, that ye may (learn) self-restraint (al-Baqarah: 183)
The verses (ayah) preceeding the above one explained about a number of obligations imposed on Mu’min. In ayah 178 it is mentioned about the obligation of qisâs punishment to the perpetrators of murder. The punishment could not be imposed if the perpetrators get forgiveness from the victim’s family and pay compensation (diyat). It is confirmed in the next ayah that in qisâs punishment there is a life.
The three verses that followed talked about a will. The dying people are required to make a will over the wealth which is left to their inheritors (see 180). Anyone who dare to change the will that has been made liable to sin (see 181). There is no wrong in anyone who fears impartiality or wrong doing on the part of the testator, then he makes peace between them (ayah 182). After from this ayah to ayah 187 – except ayah 186 – explain about the obligation of fasting.
Tafseer ayah
Allah Swt says : Yâ ayyhuhâ al-ladzîna kutiba ‘alaykum al-shiyâm (O ye who believe! Fasting has been prescribed to you). The call of this ayah is addressed to the believers (Mu’min). The call to the Mu’min in this ayah and other ayah contain clues that the nature of faith requires the perpetrators to obey, follow, and listen to the commands and prohibitions which will be conveyed in the next sentence.
It is mentioned in this ayah, that the believers are obliged to fast. As explained by many mufassir, such as Ibnu Jarir al-Tabari, Ibnu ‘Atiyah, al-Khazin, and al-Biqa’i the word kutiba ‘alaykum here means furidha ‘alaykum (it is prescribed for you). Even according to al-Farra’ all phrases of kutiba ‘alaykum in al-Quran mean furidha ‘alaykum (it is prescribed for you). In addition to fasting, the word kutiba ‘alâ is also used for some other obligations. In (al-Baqarah 2: 178) it is stated: kutiba ‘alaykum al-qisâs. The phrase kutiba ‘alaykum is also imposed on dying people to give a will to the parents and the relatives (al-Baqarah : 180). It is noteworthy that the obligation to make a will is finally abolished (nasakh) with the ayah about a will In (al-Baqarah: 216) Allah Swt also says : kutiba ‘alaykum al-qitâl. All phrases of kutiba ‘alaykum in those ayah give the meaning of furidha ‘alaykum.
In addition to the phrase kutiba ‘alâykum, the obligation of fasting is also based on the indication (qarînah) which is found in the following ayah, that the sick people or travelling are exempted from fast. However, they are obliged to replace or to compensate fasting (qadha) on other days. The obligation of compensating fast on other days shows that the law of fasting is mandatory. ‘Ata bin Khalil stated that in every appeal in which there is a speech or deed which requires continued actions unless there is a reason (uzur), then be given rukhshah, qadha’, or forgiveness is one of the indication (qarînah) for jazm (firmness and certainty) of an appeal.
Linguistically, the word al-siyâm means al-imsâk (to refrain) from doing something, either eating, talking or walking. This literal meaning is as found in the saying of Allah Swt:
إِنِّي نَذَرْتُ لِلرَّحْمَنِ صَوْمًا فَلَنْ أُكَلِّمَ الْيَوْمَ إِنْسِيًّا
I have vowed a fast to ((Allah)) Most Gracious, and This Day will I enter into not talk with any human beings (Maryam: 26)
In the ayah, the word sawm[an] means to refrain from talking. While the shari’i meaning, al-siyâm means to refrain from eating, drinking and doing intercourse (jima’) from dawn until dusk which is accompanied by intention (niyat). This understanding is taken from the arguments in al-Quran and Sunnah. In relation with the prohibition of eating, drinking, and haing intercourse as mentioned in the saying of Allah Swt:
أُحِلَّ لَكُمْ لَيْلَةَ الصِّيَامِ الرَّفَثُ إِلَى نِسَائِكُمْ هُنَّ لِبَاسٌ لَكُمْ وَأَنْتُمْ لِبَاسٌ لَهُنَّ عَلِمَ اللَّهُ أَنَّكُمْ كُنْتُمْ تَخْتَانُونَ أَنْفُسَكُمْ فَتَابَ عَلَيْكُمْ وَعَفَا عَنْكُمْ فَالْآَنَ بَاشِرُوهُنَّ وَابْتَغُوا مَا كَتَبَ اللَّهُ لَكُمْ وَكُلُوا وَاشْرَبُوا حَتَّى يَتَبَيَّنَ لَكُمُ الْخَيْطُ الْأَبْيَضُ مِنَ الْخَيْطِ الْأَسْوَدِ مِنَ الْفَجْرِ ثُمَّ أَتِمُّوا الصِّيَامَ إِلَى اللَّيْلِ
Permitted to you, on the night of the fasts, is the approach to your wives. They are your garments and ye are their garments. Allah knoweth what ye used to do secretly among yourselves; but He turned to you and forgave you; so Now associate with them, and seek what Allah hath ordained for you, and eat and drink, until the white thread of dawn appear to you distinct from its black thread; then complete your fast till the night appears (Baqarah : 187).
In that ayah it is confirmed that the Muslim are allowed to have sexual relationship between husband and wife at night in the fasting month. It means that they are forbidden during the day. In terms of eating and drinking the muslim are welcomed to eat and drink at night. The limit is until dawn. When dawn is set , then muslims are ordered to fast until evening, which is until sunset.
In relation to an intention to do fasting, it is based on the Hadith from Umar bin al-Khattab, he heard Rasulullah saw said:
إِنَّمَا الْأَعْمَالُ بِالنِّيَّاتِ وَإِنَّمَا لِكُلِّ امْرِئٍ مَا نَوَى
Truly, the rewards of deeds depends on intention (niyat), and indeed all things depends on intention (Bukhari, Abu Dawud, and Ibnu Majah from Umar bin al Khattab)
Based on this Hadith, the action of fasting can be declared valid, if it is accompanied by the intention of the one who is fasting. If it is not based on intention of fasting, then the deeds are not categorized as fasting, though physically it looks the same or simlilar to fasting. Imam al-Nawawi stated, the intention (niyat) is required to differentiate between ‘âdah (ordinary action) with worship, or one kind of worship with another worship being practised. He gave an example of someone who is sitting inside a mosque. The action can be intended to sit down only , it can also be done as an act of worship (ibadah) with the intention of i’tikaf. What renders the two different (between ibadah or a common deed) is the intention.
Especially for obligatory fasting, the intention of fasting must be done before dawn. It was narrated from Hafsah ra, from Rasulullah saw said:
مَنْ لَمْ يُجْمِعْ الصِّيَامَ قَبْلَ الْفَجْرِ فَلَا صِيَامَ لَهُ
Anyone who does not have an intention to fast before dawn, then his fasting is illegitimate. (Reported by Abu Daud and al-Tirmizi).
This Hadith becomes a dalil of the necessity to have intention on the eve of fasting. In other words, the intention of fasting must be done at night, starting from maghrib. While for sunnah fasting, the intention is allowed after dawn. It is based on a hadith from Aisyah ra who said that :
رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ذَاتَ يَوْمٍ يَا عَائِشَةُ هَلْ عِنْدَكُمْ شَيْءٌ قَالَتْ فَقُلْتُ يَا رَسُولَ اللَّهِ مَا عِنْدَنَا شَيْءٌ قَالَ فَإِنِّي صَائِمٌ
One day Rasulullah saw came into my place and asked , “Do you have something (to eat)?” Aisyah replied, “No.” He said, “Then, I am fasting.” (Reported by Muslim).
This attitude (Fi’liyyah) of Rasulullah (SAW) is a dalil that the intention for sunnah fasting can be done during the day on the condition that someone has not been eating or drinking.
Furthermore, in this ayah Allah Swt says : kamâ kutiba ‘alâ al-ladzîna min qablikum (As it was prescribed to those before you). Ibnu ‘Abbas said that they are People of the Book. Al-Zamakhshari, al-Alusi, and al-Baidawi said that the previous people starting from Prophet Adam to this ummah. According to Abdurrahman al-Sa’di the notice is useful to arouse the spirit of this ummah. “Let you compete with other ummah in perfecting righteous deeds and hastening in correcting the attitude, and that is not a burdening matter.
There are differences in tasybîh (resemblance) of fasting that is required to the previous ummah. Some said that the resemblance of fasting is in terms of time and size . Another opinion said that the resemblance is simply in the obligation of fasting itself. The second opinion seems to be more acceptable because the resemblance of the obligation does not require the resemblance of kayfiyyah. Even, each of the prophet’s shariah has their own kayfiyyah. It is generally reported by Allah Swt in His saying:
لِكُلٍّ جَعَلْنَا مِنْكُمْ شِرْعَةً وَمِنْهَاجًا
To Each among you have we prescribed a law and an open way. (al-Maidah : 48)
Furthermore, Allah Swt says : la’allakum tattaqûn (that ye may (learn) self-restraint). At the end of this ayah, it is explained that the wisdom of the obligation of fasting is that the perpetrators become pious people. Abdurrahman al-Sa’di said that fasting is the greatest means to be pious (taqwa).
The word taqwâ is originated from the word waqâ which means to protect. The word is then used to refer to attitudes and actions to protect oneself from the wrath and punishment of Allah Swt. This means by implementing the commands of Allah Swt and staying away from His prohibitions. This is the meaning of taqwa.
In the next ayah it is explained that the obligation of fasting was imposed for several days (ayah 184). The days that are required to fast are the whole days in the month of Ramadhan. In the month when al-Quran was revealed, anyone who has no excuse (uzur) is required to fast (ayah 185).
Reaching for Taqwa by Fasting
Among important matters explained in this ayah is the wisdom acquired by fasting. According to this ayah, fasting can make the perpetrators have the attitude of piety, which is the willingness to be obedient and subject to all commands and prohibitions of Allah Swt.
When examined carefully, fasting can bring the believer to attain piety on condition that fasting can be understood and carried out correctly. In fasting, someone is trained to remember Allah Swt in any space and time. When fasting, someone is reminded that there is no hidden place from the sight and hearing of Allah Swt. So, wherever he is, he does not dare to eat even a tiny bit; drink water even just a sip; or have an intercourse with his wife although in an enclosed space. If the conviction is implemented not only in fasting, but in all activities of life, then it will result in pious individuals. It is the individuals who are always obedient and faithful to His commands and prohibitions, wherever and whenever he is.
Fasting also trains humans to control passion. It is true that they need to eat, drink and interact with the opposite sex. However, those things should not be excuses for them to indulgence in lust such as what is done by animals. Humans are only allowed to consume food and drinks which are halal. Likewise, it is the same with the relationship with the opposite sex. People are only allowed to have intercourse with someone who is lawful. People who are fasting are able to control their desires.
By fasting, people are trained to live in disciplined manner by the shariah. He is very disciplined, eventhough being thirsty or hungry, they must resist not to drink or eat until maghrib time arrives. Although their sexual instincts may get agitated , people are still able to suppress it until the permitted time. If fasting is done successfully, this may be the way to attain personal piety becomes achievable. Imagine that during fasting they are able to withstand thirst and hunger of which is lawful in other months, then they should also able to refrain from eating or drinking from forbidden wealth. If someone is able to refrain from having intercourse with his wife at noon, he should be able to refrain from committing fornication.
Therefore, it is no wonder that someone who has not been married is ordered to fast. Rasulullah said:
يَا مَعْشَرَ الشَّبَابِ مَنْ اسْتَطَاعَ مِنْكُمْ الْبَاءَةَ فَلْيَتَزَوَّجْ فَإِنَّهُ أَغَضُّ لِلْبَصَرِ وَأَحْصَنُ لِلْفَرْجِ وَمَنْ لَمْ يَسْتَطِعْ فَعَلَيْهِ بِالصَّوْمِ فَإِنَّهُ لَهُ وِجَاءٌ
O youth, anyone of you who have been able to bear burden, you should marry. It is because marriage is more able to lower gaze and protect your privates. Anyone who has not been able to marry, then he should fast, because fasting is a shield for him (Reported by al-Bukhari, Muslim, from Abdullah ra).
As a result, if fasting is understood and done correctly, it (fasting) will bring the make those undertaking the fast to become pious. Not only fasting, all activities of worshipping Allah Swt, if understood and done correctly, will also bear the fruit of piety. Allah Swt says:
يَا أَيُّهَا النَّاسُ اعْبُدُوا رَبَّكُمُ الَّذِي خَلَقَكُمْ وَالَّذِينَ مِنْ قَبْلِكُمْ لَعَلَّكُمْ تَتَّقُونَ
O ye people! Adore your Guardian-Lord, who created you and those who came before you, that ye may have the chance to learn righteousness (al-Baqarah : 21)
We beg to Allah Swt that all of our fasting and worship can bring us to become pious people; to whom paradise, as wide as heaven and earth, is provided.
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Tafsir of Sura Baqara – The Noble Verse of Fasting
SHAYKH `ATA IBN KHALIL (Allah preserve him)
TAFSIR of SURAT AL-BAQARA: THE NOBLE VERSE OF FASTING
Allah states in the Qur’an: {O believers! Fasting has been mad obligatory for you just as it was made obligatory for those before you so that you may attain taqwa [Q. 2:183-187]}
Notes of Shaykh `Ata’s tafsir of the noble verse:
- The verse establishes the obligation to fast but not the number of days or what month.[1]
{ya ayyuha’lladhin amanu: ‘o believers’; grammatically it is the vocative address, referring to the Muslim umma as a whole.[2]
The evidence for the obligation of fasting from the verse:
- Shaykh `Ata’ writes:
“As for why the verse establishes the obligatory nature of fasting, it is because of the following: [1] {Fasting has been written/prescribed (kutiba `alaykum) for you [Q. 2:183]}. This is an informative statement that denotes a request (talab), i.e. ‘fast!’ [2] the need to make up for the fast later (qada’) when one does not have to fast such as in the case of the sick and the traveller is an indication (qarina) of the decisive nature of the request (al-jazim fi ’l-talab). If it was not a decisive request (talaban jaziman) then there would be no reason to make up the fast later. {a fixed number of days; butwhoever is sick or a traveller amongst you then the same number of days will be made up another time [Q. 2:184]}. For that reason the request to fast is decisive and therefore an obligation. [3] Likewise, in the part of the verse {whoever of you sights [the crescent on the first night of] the month of Ramadan, he must observe the fasts that month[Q.2:185]}. This is a request from the one present and not travelling to fast in the month. The statement of Allah after it that goes {and whoever is ill or on a journey, the same number of days which one did not observe fasts must be made up from other days} is an indication for the decisive value of this request of the obligation on the sick and the traveller to make up the fast later if they are unable to. This indicates that the request is decisive and therefore an obligation.”[3]
{la`allakum tattaqun}: perhaps you can attain God-consciousness or so that you can attaintaqwa (= defined as: “awe and fear of Allah, utter obedience to Him and preparation for meeting Him Most glorified is He”[4]; thus the wisdom (hikma) behind fasting is to realise God-consciousness.
{ayyamal-ma`dudat}: fixed days; here refers to a little number because the word “ma`duda” is used by Arabs to denote ‘a little’;[5] these little days refer to the month of Ramadan that can be 29 or 30 days as mentioned by the Holy Prophet (saw): ‘this month that is either twenty nine days or thirty days’ (Bukhari, Sahih [#1780]).[6] Moreover, the aim and emphasis of the verse is not the number of the days but the duty to fast hence the grammatical type of the word ‘days’ is indefinite.[7]
{aw `ala safarin}: or travelling; here refers to what the Shari`a defines as a traveller and in modern measurements approximates to the one who exceeds 90km in distance.[8]
{yutiqunahu fidyatun ta`amu miskin – and for those who are unable to fast except with extreme difficulty, then they should feed the poor persons [Q. 2:185]}: here referring to old persons, the infirm, the chronically ill, etc; they have the choice to pay a monetary compensation (fidya) for not being able to fast;[9] the word fidya is a grammatical substitute (badal) for ta`am miskin (feeding the poor) in the verse.
{shahr Ramadan alladhi unzila fihi ’l-qur’an}: the Qur’an was revealed in the month of Ramadan; the verse begins with the mention of the month of Ramadan before the descent of the Qur’an in order to distinguish it and honour it.[10]
{hudan li ’l-nas}: a guidance for the people; grammatically circumstantial accusative (hal mansub).
{wa bayyinat min al-huda}: a clear guidance that is inimitable, miraculous and evident that it is from Allah (swt); grammatically a circumstantial conjunctive (hal ma`tuf).
{al-furqan}: the criterion; that which differentiates between Truth and falsehood; Right and wrong; righteous actions and unrighteous actions.
Shaykh `Ata’ writes regarding verse 185: {Allah intends for you ease, and He does not want to make things difficult for you. He wants that you must complete the same number of days, and that you must magnify Allah on seeing the crescent of the months of Ramadan and Shawwal for having guided you so that you may be grateful to Him}:
“He glorified is He mentions in this verse the wisdom (hikma) from the fast. He glorified is He wants ease for us in following this obligation to fast and does not want difficulty – which is hardship and harm/destruction – so that we can complete the fast as easily as possible. If we are unable to fast in the prescribed time then we can make up for it later; if we are unable to do this we are permitted to pay the fidya; but if we are able to complete the fast in its prescribed time – i.e. the month of Ramadan – then we should magnify Allah on the day of `Id upon having completed the fast and be grateful for all the bounty He has given and for allowing us to fulfil this great obligation.”[11]
Shaykh Ata’ writes regarding the verse: {And when My slaves ask you [O Muhammad] concerning Me, then answer them, I am indeed near. I respond to the invocations of the supplicant when he calls on Me. So let them obey Me and believe in Me, so that they may be led aright Q. 2:186]}:
“Ibn Abi Hatim mentions that a Bedouin asked the Messenger of Allah (saw): ‘Is our Lord close so that we may converse with Him or is He far that we have to call upon Him?’ The Messenger of Allah (saw) was silent and then Allah revealed the noble verse. Allah glorified is He informs in this verse that He is close and responds to the caller’s supplication when he makes it to Allah who hears it as nothing is kept hidden from him and He responds to it never letting it amount to nothing. He is close and near to His servant listening to him and seeing him in the manner He described it to Musa and Harun (as): {I am with you both, listening and watching [Q. 20:46]}”[12]
And with Allah is all success.
Peace and blessings be upon our Beloved,
The Messenger of Allah,
Upon his family and companions,
And upon all those who follow them.
s.z.c.
[1] `Ata’ ibn Khalil, Taysir Fi Usul al-Tafsir, p.212. Cf. also “Tafsir of Surah al-Baqarah 183-185” in Khilafah Magazine, (12), Sep. 2010, pp.14-15.
[2] Ibid, p.212.
[3] Ibid, p.212.
[4] Ibid, p.213.
[5] Ibid, p.212.
[6] Ibid, p.212.
[7] Ibid, p.216.
[8] Ibid, p.213.
[9] Ibid, p.215.
[10] Ibid, p.216.
[11] Ibid, p.217.
[12] Ibid, p.218.
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Moon sighting – Distinguishing between nationalism, political allegiance & fiqh (jurisprudence)
The following is an updated version of an article that was published previously about this topic.
Allah (swt) says: “Whoever witnesses the crescent of the month, he must fast the month.” [TMQ 2:185]
Today, the matter of when to begin the month of Ramadhan and when to celebrate the day of Eid ul-Fitr is a subject of controversy, dispute and debate the world over. In many countries such as those in the west or the Indian sub-continent Muslims begin the month of fasting on different days, this variance often exists in the same country, city, locality, community and even within families. In some places like India in most years there are even three different days where people begin the blessed month.
To get to the strongest Islamic view on this subject we have to put our emotions, national, tribal, political or even scholarly allegiances aside and sincerely study the reality of the subject, the Islamic evidences that apply to this reality and commentary of the respected Mujtahideen and jurists upon this issue.
This article will explain the reality of the lunar month, the evidences from the Islamic sources of law and the opinion of respected Islamic scholars throughout history and will prove that in most cases today the differences that exist are not based on valid juristic differences (ikhtilaf) but rather on un-Islamic bases such as nationalism, tribalism or blind allegiance.The reality (maanat) of the lunar cycles & astronomical new moon
A lunar calendar is one that is based on cycles of the lunar phase. What is known as a lunar phase or phase of the moon is the appearance of the illuminated (lighted) portion of the Moon as seen by an observer on Earth. The lunar phases change cyclically as the Moon orbits the Earth, according to the changing relative positions of the Earth, Moon, and Sun. One half of the lunar surface is always illuminated by the Sun (except during lunar eclipses), and hence is bright, but the portion of the illuminated hemisphere that is visible to an observer can vary from 100% (full moon) to 0% (new moon).
Allah, Almighty the creator of the sun and the moon said:
“They ask you about the crescents. Say: They are but signs to mark fixed periods of time in the affairs of men and for pilgrimage.” [TMQ 2:189]
The moon orbits around the earth in a predictable way and the earth orbits the sun in a predictable way. From earth we see the moon appearing at the beginning of a lunar month as a crescent, then gradually increasing day by day until it becomes a full moon in the middle of the month and then gradually wanes, the crescent gets thinner and thinner until it vanishes and the new month begins. People refer to this vanishing of the moon by using the term ‘the Astronomical New Moon’, or ‘the invisible New Moon’, this is the moment when the moon is almost directly between the earth and the sun. At this moment the moon’s dark surface faces the earth. Therefore it is completely invisible even if it occurs in the middle of the night. The Astronomical New Moon occurs every 29 days, 12 hours, 44 minutes, and 2.8 seconds. The date and time of this invisible New Moon is commonly found in almanacs, newspapers and calendars.The obligation to begin Ramadhan & Eid based on sighting
The final Prophet and Messenger to mankind our master, Muhammad (saw) described to us the Hijri lunar month and gave us specific instructions as to when to begin the month of Ramadhan. He (saw) did not order us to begin the month of fasting with the birth of the astronomical new moon but rather instructed us to look for the new crescent moon on the twenty-ninth night and begin Ramadhan if it is sighted or otherwise to complete thirty days.
Bukhari reported on the authority of Ibnu Omar (ra) that the Messenger of Allah (saw) said: “The month consists of 29 nights, so do not fast till you have sighted it (i.e. the new moon), and if the weather were cloudy, then complete it as thirty days.”
In the narration of Muslim, the Messenger of Allah (saw) said: “The month of Ramadhan may consist of twenty-nine days. So do not fast until you have sighted it (the new moon) and do not break fast, until you have sighted it (the new moon of Shawwal), and if the sky is cloudy for you, then complete it (thirty days).”
Bukhari and Muslim reported on the authority of Abdullah Ibnu Omar (may Allah be pleased with them) that the Messenger of Allah (saw) mentioned Ramadhan and said: “Do not fast till you see the new moon, and do not break fast till you see it; but if the weather is cloudy complete it (thirty days).”Muslim also reported on the authority of Abdullah Ibnu Omar (ra) that the Messenger of Allah (saw) made mention of Ramadhan and with a gesture of his hand said: “The month is thus and thus. (He then withdrew His thumb at the third time indicating 29). He then said: Fast when you see it, and break your fast when you see it, and if the weather is cloudy do calculate it (the months of Shaban and Shawwal) as thirty days.”
Muslim also reported on the authority of Abdullah Ibnu Omar that the Messenger of Allah (saw) said: “The month of Ramadhan may consist of twenty-nine days; so when you see the new moon observe fast and when you see (the new moon again at the commencement of the month of Shawwal) then break it, and if the sky is cloudy for you, then calculate it (and complete thirty days).”
These Ahadith are clear and unequivocal, in them the Messenger of Allah (saw) orders us to fast when the sighting of the new moon of Ramadhan is confirmed, and orders us to stop fasting and make Eid when the sighting of the new moon of Shawwal is confirmed; these orders are binding and their violation is a sinful act just like the abandoning of any other duty or the committing of an unlawful act.
In Islamic jurisprudence (fiqh) the sighting of the moon is thus referred to as the Sabab (cause) for beginning of the month of fasting. Al-Sabab is defined as a sign the presence of which necessitates the existence or application of a Hukm (ruling) and that which, if absent, necessitates an absence of that Hukm. It is not as some confuse the reason (‘illah) behind the legislation of the rule, so the reason why we fast is not because of the moon, we fast as a worship (ibadah) however we begin the month of fasting when the moon is sighted or if not sighted upon the completion of thirty days.
Using Calculations
What some governments in the Muslim world practice and what some Muslims in the west have started doing in pre-determining the month based on the calculation of the astronomical new moon or the possibility of sighting the moon is a clear violation of the of the command of the seal of the Prophets, Muhammad (saw).
We cannot substitute the actual sighting of the moon, as the aforementioned texts mention “ru’yatehe”(sighting) specifically. All these Ahadith connected to the sighting of the moon contain this Arabic word “ru’yatehe” which is derived from the word “ra’a”. People who support the idea of calculating the birth of the moon for Ramadan misuse the word “ra’a”. While the word ra’a could mean knowledge, it is not correct to apply this meaning here because of the following reasons:
1. Ra’a, when referring to a single object, means to visualize that object through the eye, i.e. he saw the moon. However, if ra’a refers to two objects, it could mean to know, i.e. he knew the correct opinion.
2. If ra’a is used in reference to a tangible object, it means to visualize the object through the eye. However, if it is used to present an idea or an abstract thing, then it could mean knowledge. Thus, since the Ahadith refer to the moon, which is a tangible object, ra’a here means to visualize sight.
Umar (ra) reported that the Prophet (saaw) said: (in translation): “We are ummiyah (unlettered) people, we neither write nor calculate. The month is this way and that, sometimes 29 days and sometimes 30.”
Those who have substituted the sighting for pre-calculating the month say that the command in this Hadith, i.e. to sight the moon, is accompanied by a reason (‘illah) which justifies the command. This justification being that the Ummah was unlettered (“We neither write nor calculate”). The ruling in terms of its validity goes only as far as its justification. If the Ummah has emerged from its “unlettered state” and is able to write and calculate, it becomes essential to rely on calculation alone. However, this argument is incorrect due to the following:
1. The description of the Ummah in this Hadith, “Ummiyah”, does not imply an illah (legal reason). “Ummiyah” could mean “Arab”. [TMQ 62:2]. “We neither naktub (write) nor nahsib (calculate)…” “Nahsib” in the Hadith carries several meanings such as: we do not use astronomical calculations to determine the legal Shari’i beginning and end of the month; nor do we practice astrology, etc. “Nahsib” does not mean general calculations because Muslims are commanded by the Shar’iah to follow the laws of Zakah, inheritance etc. which does involve extensive calculations.
The claim that the Hadith describes the condition of the Ummah at the time of the Prophet (saw) is false. Further, the claim that this condition serves as an illah is also preposterous.
2. Furthermore , even if this “condition” is considered an illah (reason), Qiyas (analogy) on this issue is invalid. Firstly, there can be no Qiyas in Ibadaat (ritual worships). Secondly, it contradicts the definite meaning in texts of the numerous Ahadith which clearly illustrate that the “sabab” (cause) for fasting is the sighting of the moon (like the setting of the sun is the sabab for maghrib prayer).
Therefore, it is quite clear that the arguments presented to justify the beginning of Ramadan through the use of calculations are invalid and haram. The only way to determine the arrival of Ramadan is through sighting the moon.
Referring to the hadith, “and if the weather were cloudy, then complete it as thirty days.” Ibn Hajar al-Asqalani said, “This (completing thirty days of Sha’ban) is an indication that we should not refer to calculations or astronomy. The Prophet guided us to completing thirty days of Sha’ban while he could have guided us to consider other means that enable us to know the beginning of the astronomical month”.
In the Tafseer of Imam Al-Qurtabi, Ibn Nafi’e (ra) reported that Imam Malik bin Anas (ra) said: “If you see an Imam who does not begin and end fasting by way of sighting, but begins fasting by calculation, he should not be followed in prayer or emulated.” The renowned scholar Ibn Al’Arabi said, “Some of our people erred when they reported that Imam Shaf’i relied on calculations.” Ibn Al-‘Arabi commented, “The report is baseless and false.”
There is however no harm in using the calculations to help determine the appropriate time to start monitoring the new moon.
Local or Global Sighting?
The command of fasting and ending the month of fasting in the Ahadith mentioned earlier is general: “Do not fast till you see it and do not break fast till you see it,” “Do fast when you it is sighted and break fast when it is sighted.” The verb صوموا ‘Soomu’ ‘Do fast’ is in the plural form includes all Muslims all over the world. Furthermore, the word لرؤيته ‘Ru’yatehe’ ‘sighting’ has also come in a general form: “When it is sighted” or “If it is sighted.”; this means that it includes any sighting, and it does not merely apply to the person who sights the new moon, nor does it specifically apply only to the people of a specific country, for the address which orders the fast and the breaking of the fast is general and comprehensive, as is the address concerning the sighting, therefore, the rule is undoubtedly general.
The command is not for individual Muslims to sight the moon and then begin fasting or to make Eid based upon their personal sighting. Even the Prophet (saw) used to begin fasting when he had not personally seen the moon but a Muslim had reported to him that they had seen it. Ibn Umar (ra) reported, “During the time of the Prophet (saw), the companions went looking for the new crescent. So I told the Prophet (saw) that I saw it. So he fasted and told the companions to fast.” [Abu Dawud & Hakim]
Therefore, the command of fasting and of breaking the fast when the new moon is sighted is a command which addresses all Muslims all over the world. So for example if the new moon was sighted in Rabat on Friday night, and was not sighted in Jakarta on Friday night but on Saturday night, the people of lndonesia must act upon the sighting of the new moon in Morocco, they must therefore begin the fast on Friday if the new moon was that of Ramadhan; if they did not fast that day they should compensate for that day because the obligation to fast has been confirmed by the sighting of the new moon by any Muslim anywhere in the world. Also, if the new moon was that of Shawwal, they should break their fast when news about the sighting reaches them even if they did not sight it themselves, for the moment the sighting is confirmed, they must break their fast, and it would be sinful for them to continue fasting.
Therefore, the Shari’ah rule states that if the people of one country sighted the new moon, it would be exactly as if all the Muslims have sighted it as well, therefore they should all fast if it is the new moon of Ramadhan, and they should all break fast if it is the new moon of Shawwal. This is the rule of Allah (swt) according to the Shari’ah texts.
During the lifetime of the Messenger of Allah (saw), the Muslims used to begin the fast on the same day and break it on the same day despite the fact that they lived in different areas, and this serves as another Shari’ah evidence that the sighting of the new moon in one area obliges all the Muslims to fast together on the same day and break fast together on the same day.Many of the classical scholars have stated this view[1], the following are a selection:
The famous Hanafi scholar Imam Sarkhasi (died 483 AH) in Al-Mabsoot quotes the narration from Abu Dawud (2333, 2334):
حَدِيثُ عِكْرِمَةَ عَنْ ابْنِ عَبَّاسٍ رَضِيَ اللَّهُ تَعَالَى عَنْهُ { أَنَّ النَّاسَ أَصْبَحُوا يَوْمَ الشَّكِّ عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَدِمَ أَعْرَابِيٌّ وَشَهِدَ بِرُؤْيَةِ الْهِلَالِ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : أَتَشْهَدُ أَنْ لَا إلَهَ إلَّا اللَّهُ وَأَنِّي رَسُولُ اللَّهِ فَقَالَ : نَعَمْ فَقَالَ : صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ اللَّهُ أَكْبَرُ يَكْفِي الْمُسْلِمِينَ أَحَدُهُمْ فَصَامَ وَأَمَرَ النَّاسَ الصِّيَامِ وَأَمَرَ مُنَادِيًا فَنَادَى أَلَا مَنْ كَانَ أَكَلَ فَلَا يَأْكُلَنَّ بَقِيَّةَ يَوْمِهِ وَمَنْ لَمْ يَأْكُلْ فَلْيَصُمْ }
That the Muslims did not begin fasting since they did not see the moon. Then a man, from out of Madinah, came and told the Prophet (saaw) that he had seen it (the moon). The Prophet (saaw) asked him if he was a Muslim to which the man answered in the affirmative. The Prophet (saaw) then said: “Allahu-Akbar! one is enough for all Muslims” The Prophet (saw) fasted and asked the people to stop eating and start fasting. [Al-Mabsout by Imam Sarkhasi; 3-52]
There is also a variation of this narration from Ibn Abbas: “An Arab came to the Prophet (saw) and said: ‘I saw the Hilaal (of Ramadhaan)’ He (saw) said: ‘Do you bear witness that Laa Ilaaha illa Allah and that Muhammad is His slave and messenger?’ He said ‘Yes’ So The Prophet (saw) said: ‘Get up and announce to the people that we are fasting tomorrow’.” It was narrated by Ibn Khuzaimah (1923) and Ibn Hibbaan, An Nisaa’i, At Tirmidhi and Ibn Abi Shaibah. Al Haakim and Adh Dhahabi verified it as Saheeh.
In fact the Hanafi school of thought strongly argues against any other view. This position can be found in the books of many of its scholars and its fiqh manuals.
Imam Kasanee in Bada as-Sana’i said that following other than one sighting for the whole Ummah is Bid’a (innovation). This indicates how weak he felt that the other Ijtihad was.
Imam Hafizud-deen an-Nasafi (died. 537 AH) has discussed it in Al-Bahr ar-ra’iq sharh kanz al-daqaíq. [Vol. 6, p.180]The Hanafi fiqh manual Durr al-Mukhtar states: “If people living in the West sight the moon, it becomes obligatory for the people living in the East to act on that.” [Durr al-Mukhtar, Vol. 1, p. 149]
Imam al-Juzairi in first volume of Fiqh al Madhahib al Arba’a (The Fiqh of the four schools of thought) gives two views of the Hanafi’s regarding this: 1) The sighting of the moon by any Muslim should be accepted whether slave, free, man or woman without inquiring whether they are just or not, 2) The justness should be verified by a Qadi (judge).Fiqhul Ibadat of the Maliki’s also states that it is obligatory to follow the sighting of the crescent moon by any Muslim regardless if they are close, or far away from you :
فقة العبادات المالكى 1/305
يجب الصوم ويعم سائر الأقطار إذا ثبت الهلال بقطر منها لا فرق بين القريب والبعيد من جهة الثبوت ولا عبرة باختلاف المطالع مطلقا
Even more contemporary scholars like the founding and well known scholars of the Deobandi and Barelvi movements of the Indian subcontinent have clearly stated this as the correct view in their Fatawa. It is unfortunate that today many who claim to follow them ignore following this hukm.
The co-founder of Dar al-Uloom Deoband, Maulana Rasheed Ahmad Gangohi said: “If the people of Calcutta sighted the moon in Friday, whereas it was sighted in Makkah on Thursday itself, but the people of Calcutta did not know of it (the sighting on Thursday); then whenever they come to know of this, it will be obligatory for them to celebrate eid with the people of Makkah and make up (Qada’) for the first fasting.” [Maulana Rasheed Ahmad Gangohi, Sharh Tirmizi (Explanation of Tirmizi), Kaukab un Durri, p. 336 Urdu edition].“Wherever the sighting is confirmed, however far away it may be, even if it were to be thousands of miles; the people of this place will have to abide by that.” [Fatawa Dar ul Uloom Deoband, Vol. 6 p. 380, Urdu edition]
“Question: There has been some dispute in Amritsar etc. regarding sighting of moon for Ramdhan and Eid ul fitr. So should we the residents of Mandla (CP), which is located very far off, follow that sighting or not?Answer: In the maslak of Hanafiyyah, there is no consideration of Ikhtilaf al Matale’ (difference in sighting); the sighting of the people of east is binding upon the people of the west and vice versa. This is also demanded by the hadith (soomoo li ru iyatihi we aftaroo li ru iyatihi) “Fast when it is sighted and stop fasting when it is sighted”, because the address ‘soomoo’ and ‘aftaroo’ is ‘aam (general) and for everyone. In conclusion, when sighting is confirmed in whichever place, everyone is supposed to start his fast and break it in accordance with it, i.e when the sighting is confirmed.” [Fatawa Dar ul Uloom Deoband, Vol 6 p. 385 & 386, Urdu edition]
“Irrespective of how far the news of sighting came from, it is to be relied upon. For instance if the people of Burma did not sight the moon, and a person from Bombay testifies to them of having sighted the moon; it will be incumbent upon the people of Burma to make up for the (first) fasting i.e. Qada’.” [Mufti Kifayat ullah, Ta’leem ul Islam, vol. 4, section sighting of moon: Urdu edition]
“When the moon is sighted in one place it is not just for that region but for the entire world.” [Maulana Amjad Ali, Bahar e Sharee’at, Vol 2 p. 108, Urdu edition]
The founder of the Barlevi’s said: “In the correct and authentic mazhab of our Imams, with regard to the sighting of moon for Ramdhan and eid, distance of the place of sighting is of no consideration. The sighting of the east is binding upon west and vice versa i.e. the sighting of west is similarly binding on east.” [Maulana Ahmad Raza Khan, Fatawa Rizwi; Vol 4 p. 568, Urdu edition]If we scrutinise the various arguments that are utilised to attempt to prove the following of a local sighting or the sighting of a particular place, they can be summarized in the following:
1- The first argument: They claim that to each people living in one country their sighting, for each people should follow their own times just like the times of prayer; this is why they said: The precept lies in the Matali’, i.e. the time of rising (of celestial bodies). In answer to this claim we say the following: The times of prayer are subject to their scheduled times and these are different even in the one region, for the signs which the Shari’ah has specified would occur at different times; as far as fasting is concerned, this difference also applies at the time of Imsak (beginning of fast) at dawn and at the time of Iftar (end of fast) just after sunset, this is so because the text has indicated this difference: Allah (swt) says:
“And eat and drink until the white thread of dawn appears to you distinct from its black thread; Then complete your fast until the night appears” [TMQ 2:187]
The Imsak and the Iftar times differ from one place to another just like the times of prayer, which also differ from place to place, this difference happens in the one single day, however, the beginning of the month of fasting must begin on the same day all over the whole world, and the difference occurs only in the parts of the single day. This is what the texts of the Ahadith have clearly indicated; and this is what is confirmed by the understanding deduced from the Shari’ah rule. The difference in the rise of the new moon between the farthest two points in the world does not exceed twelve hours; and the classical Mujtahids are excused for not understanding this deduction from the Shari’ah rule, for at the time, they were not in a position to clearly realise the movements of the earth, sun and the new moon. And now that the deduction made from the rule is understood, there are no pretexts or excuses left for those who claim that the difference in the time of rising could exceed one day, let alone those who claim that it could be even a few days. Therefore, the month of fasting begins for the Islamic Ummah all over the world on the same day and the end of the month of fasting and the beginning of Eid also occurs on the same day for all the Islamic Ummah all over the world.2 – The second argument: That people should follow the announcement of the Saudi Arabian government, some especially those supported by the corrupt Saudi regime espouse this view and play on the emotion of Muslims due to the presence of the two holy mosques in Makkah and Medina . Of course if Muslims in Saudi Arabia search for the moon on the 29th night and sight it, the rest of the Muslims globally should accept this and begin Ramadhan or make Eid, however according to the shariah evidences the Muslims in Saudi Arabia must equally accept the sighting of Muslim anywhere in the world whether in Pakistan, Indonesia or Iran regardless of the Saudi governments official announcement.
Sheikhul Islam Ibn Taymiyyah, the classical literalist (Zahiri) scholar often referred to by the Salafi clerics in Saudi Arabia concluded: “To summarize: a person who learns about the sighting of the moon in good time to be able to utilise it for fasting, for ending his fast, or for sacrifice, he must definitely do so. The texts [of Islam] and the reports about the Salaf point to this. To limit this to a certain distance or country would contradict both the reason and the Shar` (Islamic law).” [Al-Fatawa, volume 5, page 111]
Even the most famous Salafi scholar of the twentieth century, Sheikh Nasir ud-Deen al-Albani espoused the view that the global sighting must be taken, he explained the term in the hadith, صوموا لرؤيته … ” “Do fast when you it is sighted,” was general to all Muslims irrespective of locality. [Al-Silsilah as-Saheeh, Vol 6, p. 123]
Some try to use the argument about the ‘obedience to the Imam of the Muslims’ in relation to Saudi Arabia, this has no basis whatsoever as is clearly established currently Saudi Arabia is not an Islamic state, its economy is based on Riba, it is a corrupt un-Islamic monarchy that openly allies with America. Thus its ruler is definitely not the Khalifah or Ameer of the believers. It is true that when the Islamic state is re-established that the Khalifah of the Muslims will organise the congregational rituals and will declare the beginning of Ramadhan and Eid after ascertaining the sighting of the moon.
3 – The third argument: Some argue that the ruling of following one global sighting is impractical due to the time difference that exists in the world, where if the moon was sighted in one part of the world it is conceivable that another part may have already passed the time of fajr prayer. In answer to this we must realize that that no two places in the world are more than a day apart i.e. twenty four hours so we exist within the same time frame. We have an answer from the hadith on what we should do if the news was to reach us late.It is also reported in a Saheeh hadith: Abu ‘Umayr ibn Anas reported from his paternal uncles among the Ansaar who said: “It was cloudy and we could not see the new moon of Shawwaal, so we started the day fasting, then a caravan came at the end of the day and told the Messenger of Allaah (peace and blessings of Allaah be upon him) that they had seen the new moon of Shawwaal the day before, so he told the people to stop fasting, and they went out to pray the Eid prayer the next day.” [Reported by the five. It is sahih; al-Irwaa’, 3/102, Abu Dawud 1153]
4 – The fourth argument: There are those who say we should stick to what the majority of people are practicing, they misquote Islamic evidences about “Holding on to the Jama’a (collective)”, they misinterpret these to mean the ‘Jumhoor’ (majority). It is true that Islam has obliged sticking to the jama’ah of Muslims under an Imam (Khalifah) not to the majority.
Al-Bukhari narrated about Bisr ibn Obaydellah al-Hadhrami that he heard Abu Idrees al-Khoolani say that he heard Huthaifah ibn al-Yaman saying: “The people used to ask the Prophet of Allah (saw) about the good and I used to ask him about the bad in fear that it might catch me. So I said: O Prophet of Allah! We were in times of jahilliyah and mischief then Allah brought us this good, so is there any mischief after this good? He (saw) said: Yes. I said: Will there be any good after that mischief? He said: Yes, and it has smoke. I said: What is its smoke? He said: (Some) people guide without any guidance, you recognise some (from them) and deny some. I said: Will there be a mischief after that good? He said: Yes, (some) people who invite at the doors of hell, whoever accepted their invitation they throw him in it (hell). I said: O Prophet of Allah, describe them to us. He said: They are of our own skin (of our people) and talk our language. I said: What do you order me to do if that (matter) caught me? He said: Adhere to the jama’ah of Muslims and their Imam. I said: What if the Muslims have no jama’ah nor an Imam? He said: Then you abandon all those groups, even if you have to grab with your teeth the trunk of a tree till death comes to you as such.“
This hadith is clear in its expression that the Prophet (saw) orders Muslims to adhere to the jama’ah of Muslims and to adhere to their Imam, and to leave those who invite people to the doors of hell. When the questioner asked him that in case the Muslims have no Imam and no jama’ah what he has to do in regard with those who call at the doors of hell, the Prophet (saw) ordered him to abandon these groups, not to disassociate himself from the Muslims nor to abstain from the action for establishing an Imam. So his order is clear, disassociate yourself from all those groups, and he emphasised the dissociation of those groups even to the extent that his isolation from them would make him clench to the trunk of a tree until death comes to him. It means adhere to your deen by staying away from the misleading callers who are at the doors of hell. In this hadith there is no excuse or permission (for anybody) to abandon the work for establishing a Khaleefah, it is, rather, confined to the command of adhering to the deen and abandoning the callers at the doors of hell, and the sin will remain on him if he does not work to establish a Khaleefah. So he is ordered to abandon the misleading groups in order to save his deen from the callers of the misguidance, even if he had to clench to the trunk of a tree, but not to distance himself from the Muslim community and abandon the work for establishing the laws of the deen and establishing an Imam for Muslims.
The concept of following the majority rather than the Islamic verdict is not based on evidence from the Quran and Sunnah and contradicts many evidences about enjoining the good and forbidding the evil even in the face of hardship, the Prophet (saw) said: “The master of martyrs (sayyid al-shuhada) is Hamza, and a man who stands up to a tyrant ruler and gives him nasiha (advice). And so the ruler kills him”.
If the concept of following the majority existed then Abu Hanifah would not have imposed the killing a Muslim in retaliation for killing of a dhimmi (non-Muslim citizen), Imam Malik would not have allowed praying the Salah with the hands beside the side of the body, Imam Shafi’ would not have accepted the testimony of the individual, Imam Ahmad ibn Hanbal would have succumbed to the view of the Mu’tazilla about the Quran being created rather than vehemently opposing it and facing hardship even by the Khalifah at his time. They understood the statement of Ibn Masud (ra): “The Jama’a is Haq (truth) even if it is one person”.
5- The fifth argument: This one is the only one that is based on shubhat daleel (semblance of an evidence) and thus is a weak but legitimate ijtihad for those who actually follow it sincerely. Some of Shafi’ school held the view of following a local sighting of the moon based upon a narration reported by Muslim on the authority of Kurayb who reported that Umm-ul-Fadhl Bintu-l-Harith sent him to Mu’awiya in Al-Sham; he said: “I arrived in Al-Sham and did business for her (Umm-ul-Fadhl Bintu-l-Harith). It was there in Al-Sham that the month of Ramadhan commenced. I saw the new moon of Ramadhan on Friday. I then came back to Madina at the end of the month, Abdullah Ibnu Abbas (R) asked me about the new moon of Ramadhan and said: “When did you see it? I said: We saw it on the night of Friday, He said: Did you see it yourself? I said: Yes, and the people also saw it and observed the fast and Mu’awiya also observed the fast; whereupon he said: But we saw it on Saturday night. Some would continue to observe fast till we complete thirty (fasts) or we see it (the new moon of Shawwal). I said: Is the sighting of the moon by Mu’awiya not valid for you? He said: No, this is how the Messenger of Allah (saw) has commanded us.”They claimed that the beginning of fasting and Eid may vary, use this Hadith as evidence; they argue that Ibn Abbas ignored the sighting of the people of Al-Sham and said at the end of the Hadith: This is how the Messenger of Allah (saw) has commanded us. This indicated that Ibn Abbas learnt from the Messenger of Allah (saw) that the people of one region are not obliged to act upon the sighting of another region; they also argue that this Hadith serves as a specification and an explanation of the Hadith of the sighting. They therefore claimed that the people of each region are commanded to act upon the sighting of the new moon in their region only and not in other regions, thus the beginning of fast and the beginning of Eid vary from one region to another and according to the times of rising.
The answer to this claim lies in the fact that this report is not a Hadith of the Messenger of Allah (saw) but the Ijtihad of a Sahabi, and the Ijtihad of the Sahabi is not comparable to the Hadith of the Prophet (saw). The fact that Ibn Abbas (ra) did not act upon the sighting of the people of Al-Sham reflects an Ijtihad and it cannot be used as a Shari’ah evidence; and besides, the Ijtihad is always nullified by the general Shari’ah evidence, thus the Hadith must be acted upon ahead of the Ijtihad which has to be abandoned. Furthermore, the Ijtihad of the Sahabi cannot specify the general term of the Hadith. As for the saying of Ibn Abbas at the end of the report: “This is how the Messenger of Allah (saw) commanded us.”, it is not a Hadith but merely the way Ibnu Abbas understood the Hadith of the Messenger of Allah (saw) in which he (saw) said: “Fast when you see it and break fast when you see it.” This indicates that Ibn Abbas understood the Hadith as such; though he did not say: This is how the Messenger of Allah (saw) reported it, nor did he say: This is how we learnt it from the Messenger of Allah (saw), but he said: This is how the Messenger of Allah (saw) commanded us.Imam Al-Shawkani explained the Hadith as follows, he wrote in his book Nayl-ul Awtar the following:
وَاعْلَمْ أَنَّ الْحُجَّةَ إنَّمَا هِيَ فِي الْمَرْفُوعِ مِنْ رِوَايَةِ ابْنِ عَبَّاسٍ لَا فِي اجْتِهَادِهِ الَّذِي فَهِمَ عَنْهُ النَّاسُ وَالْمُشَارُ إلَيْهِ بِقَوْلِهِ : ” هَكَذَا أَمَرَنَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ” هُوَ قَوْلُهُ : فَلَا نَزَالُ نَصُومُ حَتَّى نُكْمِلَ ثَلَاثِينَ ، وَالْأَمْرُ الْكَائِنُ مِنْ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ هُوَ مَا أَخْرَجَهُ الشَّيْخَانِ وَغَيْرُهُمَا بِلَفْظِ : { لَا تَصُومُوا حَتَّى تَرَوْا الْهِلَالَ ، وَلَا تُفْطِرُوا حَتَّى تَرَوْهُ فَإِنْ غُمَّ عَلَيْكُمْ فَأَكْمِلُوا الْعِدَّةَ ثَلَاثِينَ } وَهَذَا لَا يَخْتَصُّ بِأَهْلِ نَاحِيَةٍ عَلَى جِهَةِ الِانْفِرَادِ بَلْ هُوَ خِطَابٌ لِكُلِّ مَنْ يَصْلُحُ لَهُ مِنْ الْمُسْلِمِينَ
“I realise that the evidence is derived from the report of Ibnu Abbas and not from his Ijtihad (exertion) which people understood as such, and what is referred in his saying: “This is how the Messenger of Allah (saw) commanded us.”, is his saying (i.e. Ibnu Abbas): So we are still fasting until we complete thirty days; and the command of the Messenger of Allah (saw) lies in the Hadith extracted by the two Sheikhs (i.e. Bukhari and Muslim) among others with the following wording: “Do not fast till you see the new moon and do not break fast till you see the new moon, and if the sky were cloudy, then complete it as thirty days.” And this does not specifically apply for the people of one region to the exclusion of others but to all the Muslims.” [Nayl ul- Awtar, volume 4, page 268]
Therefore, what Kurayb has reported does not qualify as a Hadith, but remains as it is, i.e. an opinion of Ibn Abbas; it does not qualify as evidence and cannot be used as such; it also cannot be used to specify the general term of a Hadith, i.e. the general evidence. Therefore this is a weak opinion.
Unfortunately today many who claim to follow this opinion do not actually follow it as when we scrutinize their actions the contradiction becomes apparent. For example, some in the Indian subcontinent refer to this hadith to justify the adherence to the declaration of their national moon sighting committee. Upon scrutiny the reality becomes clear, as they reject the sighting of Muslims in Pakistan even though it borders India and was one land before the division in 1947 yet they accept the sighting of Muslims in south India who are much further in distance from capital (Delhi) to Pakistan. If they were to actually follow the opinion based on the narration of Ibn Abbas, each region in India would have to follow their own sighting rather than a national committee based upon territorial lines drawn by the British. Similarly we see some Muslims in the west who claim to follow this opinion and then defer to following the sighting of the closest Muslim country like Morocco yet reject the sighting of Muslims in other countries, this is contradictory and not in accordance with the actual opinion of local sighting.
In many cases this is not an issue of juristic difference, it is more to do with power and allegiance to national/regional committees or governments.
The Messenger of Allah (saw) said, “He is not one of us who calls for ‘asabiyyah, (nationalism) or who fights for ‘asabiyyah or who dies for ‘asabiyyah.” [Abu Dawud]
We should not begin fasting by the command of those Muftis who are more anxious to please the rulers rather than to please Allah (swt). Mu’az narrated: I said: O Messenger of Allah. What do you think if we had leaders who do not follow your Sunnah and do not adopt your order; in what do you order regarding their affair? The Messenger of Allah (saw) said: “There is no obedience to the one who does not obey Allah ‘azza wa jall.”This is a serious matter and therefore must be taken as such, as has been elaborated the meaning established from evidence derived from the real meaning of the texts would stand, which implies that all the Muslims are commanded to fast when the new moon is sighted anywhere in the world as indicated by the clear-cut meaning of the Hadith of Allah’s Messenger (saw): “Do fast when it is sighted.”
And all the Muslims are commanded to break fast when the sighting of the new moon is confirmed in any part of the world, and to make that day their Eid day as clearly indicated in the Hadith of Allah’s Messenger (saw): “Do break fast when it is sighted.”
We should beware of the consequences of fasting on the day of Eid. Muslim on the authority of Abu Hurayrah that, “The Messenger of Allah (saw) forbade fasting on two days, the day of al-Adha and the day of al-Fitr”.May Allah (swt) unite us soon under the shade of a rightly guided Khilafah.
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The Ahkam Pertaining to Political Parties in Islam
The following is the transcript of a circle delivered by The Late Sheikh Imam Abul Hassan (May Allah rest his soul), Member of Hizb ut Tahrir and Imam of Masjid as Sahabah in Khartoum, Sudan.
بِسْمِ اللّهِ الرَّحْمَنِ الرَّحِيمِ
In the Name of Allah the Beneficent the Most Merciful
The topic that will be addressed today and our discussion this night will be about the Ayah 104 from Surah Al- Imran:
وَلْتَكُن مِّنكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ وَأُوْلَئِكَ هُمُ الْمُفْلِحُونَ
“Let there arise from you a group (or Groups) who call to al-khair, i.e. Islam, who enjoin the good and forbid the evil and they are the ones who are the successful” (TMQ 3:104).
There are two discussions about this ayah that we want to investigate. The first discussion is that we must understand this ayah as a Tafsir i.e. how we can interpret this ayah. And the second discussion is about the tashree’, how do we legislate from this ayah and derive ahkams from this ayah.
Many of our brothers and sisters and many Muslims they get confused about Tafsir and Tashree’, we find many of our brothers who study books of Tafsir, they try to get ahkam from it, especially from all those mufassireen who are mujthahideen, because of that we find within some Tafsir there are some ahkam that they have derived. The Tafsir is the meaning of only the ayah, whereas the tashree’, ijtihad, is the opinion of the mufasireen because he has some opinions and some ahkam which he has derived from the text. The text of the Quran is what we call Tafsir and the text of the ahadith is what we call sharh. These terms are used by the fuqaha’ and the ulema; Tafsir regarding the meaning of Quran and sharh regarding the meaning of the ahadith of Rasoolullah (saw). These are the meanings of the words whereas tashree’ means to derive rules from the text. So what is the necessity of Tafsir? Anyone who wants to make ijtihad, get ahkam must know the Tafsir of the ayah, because the tashree’ is built on the Tafsir. But we must be aware of the Tafsir and the opinion of the mufassir, we must not get confused and take the mujthahid’s ijtihad as Tafsir, we must take only the meaning of the Tafsir if we want to make new ijtihad or we can adopt the ahkam already made, the ijtihad of the mujthahid.
So firstly we come to the study of the ayah, the Tafsir:
The word Waltakun(m);
وَلْتَكُن
The first letter in this ayah is the ‘waw’. The ‘waw al ‘atf’ و . The connection letter. This letter shows that this ayah has been connected to many of the ayat before. So what are the ayat that come before this ayah? To understand this connection we must know the ayat before this ayah.
Allah (SWT) says:
يَا أَيُّهَا الَّذِينَ آمَنُوَاْ إِن تُطِيعُواْ فَرِيقًا مِّنَ الَّذِينَ أُوتُواْ الْكِتَابَ يَرُدُّوكُم بَعْدَ إِيمَانِكُمْ كَافِرِينَ
Allah is speaking to the believers and the rest of the ayahs also follow this pattern of addressing the believers.
The ayah says: “O you who believe! If you obey a party of those who have received the Scripture they will make you disbelievers after your belief” (TMQ 3:100). It continues and says;
وَكَيْفَ تَكْفُرُونَ وَأَنتُمْ تُتْلَى عَلَيْكُمْ آيَاتُ اللّهِ وَفِيكُمْ رَسُولُهُ وَمَن يَعْتَصِم بِاللّهِ فَقَدْ هُدِيَ إِلَى صِرَاطٍ مُّسْتَقِيمٍ
“How can you disbelieve, when Allah’s revelations are recited unto you, and His messenger is in your midst? He who holds fast to Allah, he indeed is guided unto a right path”.
Allah (SWT) is saying to the believers you will not become like them since the Qur’an and the Ahadith (i.e. the words and statements of the prophet) are between you. What does this mean? Not between you in the libraries, not in your homes, but it means that it is in between your actions and you are practising this Qur’an and Sunnah and you are acting according to the Qur’an and Sunnah. Then;
يَا أَيُّهَا الَّذِينَ آمَنُواْ اتَّقُواْ اللّهَ حَقَّ تُقَاتِهِ وَلاَ تَمُوتُنَّ إِلاَّ وَأَنتُم مُّسْلِمُونَ
“O you, who believe, observe your duty to Allah with right observance, and do not die exceptas those who have surrendered (i.e. as Muslims).” (TMQ 3:102)
This ayah is similar to the ayah where Allah says to the messenger;
وَاعْبُدْ رَبَّكَ حَتَّى يَأْتِيَكَ الْيَقِينُ
“And worship Allah until the certainty arrives (i.e. death)”. (TMQ 15:99)
Here the certainty means death. So worship Allah (SWT), make Ibadat to Allah (SWT), and seek forgiveness of Allah (SWT) and the right Taqwa to Allah (SWT) until the death.
“And hold fast, all of you together, to the rope of Allah”, which means Islam, the Quran and Sunnah,
وَاعْتَصِمُواْ بِحَبْلِ اللّهِ جَمِيعًا وَلاَ تَفَرَّقُواْ وَاذْكُرُواْ نِعْمَةَ اللّهِ عَلَيْكُمْ إِذْ كُنتُمْ أَعْدَاء فَأَلَّفَ بَيْنَ قُلُوبِكُمْ فَأَصْبَحْتُم بِنِعْمَتِهِ إِخْوَانًا وَكُنتُمْ عَلَىَ شَفَا حُفْرَةٍ مِّنَ النَّارِ فَأَنقَذَكُم مِّنْهَا كَذَلِكَ يُبَيِّنُ اللّهُ لَكُمْ آيَاتِهِ لَعَلَّكُمْ تَهْتَدُونَ
“And do not separate. And remember Allah’s favour unto you: how ye were enemies and He made friendship between your hearts,” how in the past you used to be enemies, each one fighting one another as one of their tribe members said, “sometimes when we had no one to fight and kill, we used to go to our cousins and kill them.”
“So that you became as brothers by His grace,” In the Hijra the Ansar gave the Muhajireen their wealth and even their wives out of brotherhood.
“And (how) you were upon the brink of an abyss of fire (i.e. hell fire), and He did save you from it. Thus Allah makes clear His revelations unto you, that you may be guided”. This is the way Allah describes his guidance to you so that you may be guided by this guidance.
All of these ayahs come before the ayah and they talk about not being the disbelievers, not following the disbelievers, obeying Allah (SWT), making Taqwa to Allah (SWT), you must be brothers and have brotherhood and be unified and all of these things in Islam are all Fara’id. All of these are obligations.
Then the ayah comes:
وَلْتَكُن مِّنكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ وَأُوْلَئِكَ هُمُ الْمُفْلِحُونَ
So the و here is a connection between all of these ayats which are obligations. Thus we must remember this point insha’allah when we come to understand the Tashree’.
So now we come to the word:
وَلْتَكُن
The ل here is the Lam of ‘Amr’, of command. This is a letter which by Allah (SWT) shows that he wants us to do that specific thing. The word ‘waltakun’ is a فعل which means verb, so this now becomes a ‘fi’ il amr’-an order from Allah (SWT).
Then next comes:
مِّن
This word has two meanings.
1) The 1st meaning is that it could mean some of you, known as ‘Tab’eed’
2) 2nd it can also mean to be ‘jins’ which describes the type or as we know it in English as ‘from’. You can say that ‘give me your son and I will make from him a good fighter’. So from him there will be a good fighter not just part of him will be a good fighter and the other part will not be a good fighter. The ‘from’ is used to describe the whole. ‘From him’ this meaning is known as ‘bayan al-Jins’. So all of him will be a good fighter and this is another possible meaning.
So Allah (SWT) is saying either the whole Ummah must be what proceeds next or that part of the Ummah has to do what will proceed next. This is known as ‘Li ‘l-tab’eed aw bayan al-Jins’. These are the two possible meanings and we must remember these two points insha’Allah when we come to the Tashree’.
So next comes:
كُمۡ
And ‘kum’ here is a ضمير known as a pronoun, so to whom does it return? It returns to ‘O you who Believe’ as all of the previous ayats are connected and as mentioned before refer to the believers, YOU MUSLIMS. Thus also in the Tashree’ we must remember this point.
Next comes:
أُمَّةٌ۬
A group (or groups) who:
يَدْعُونَ إِلَى الْخَيْرِ
Calls to the khair, and in this case the khair which is ‘good’ refers to Islam. They also need to achieve:
وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ
Enjoining the good and forbidding the evil. Thus they will become successful;
وَأُوْلَئِكَ هُمُ الْمُفْلِحُونَ
‘Muflihoon’ the correct meaning here is successful. If you now go to any Tafsir book and see this explanation this means this is the Tafsir. If you see anything in between, this means it is the Tashree’ and the Mufassir’s individual opinion, (the ijtihad of the mufassireen) so beware of that distinction. Now if we go to all of the Tafsir books, of Imam Qurtubi, of Imam Ibn Jarir at Tabari, Ibn Kathir, and all of the other books e will find this Tafsir, but in between you will find many differences in Tashree’.
When we come to the Tashree’, we ask ourselves now how we can derive ahkam (rules) from this. Nowadays it has become very difficult for the Muslims to derive ahkam from the ayat. In the past it was very easy. We find that in Medina the Arabs from the Bedouins, who were not educated, whenever they needed a hukm (rule) to act and practise Islam, they came to Madinah were the Prophet SAW was and they met the people in the markets and the shops and would give salaams and would ask the Muslims I have these issues what should I do. He didn’t ask who are you? “Is this Abu Bakr or Umar”, because Islam was practically implemented there and everyone had the ability to derive ahkam because they had knowledge of the ahkam (Quran and Sunnah) and the Arabic language. Whatever was required to make ijtihad they had the tools. Nowadays we have brothers who have many a weird and wonderful degrees and PhD’s but they fail to even derive the simplest of hukm from Islam.
Why has this legislating mentality been removed from the Ummah? Because Islam is not there in reality and the Ummah is not implementing Islam. Thus we find it very difficult as implementing legislation is not our reality as the Khilafah does not exist anymore.
So now when we try to derive Tashree’ from this ayah we go to the Tafsir (the meaning of the Arabic language). The above analysis was the basic understanding of the Arabic language and if we know any ahadith regarding the topic we bring them forth as well.
To begin with the و this is the first indication (qareenah) within the text, yet it is not a definite qareenah but it is still a qareenah. By other qaraa ‘in (indications) we will know the hukm. What does a qareenah mean, it means is there an order from Allah and it may be fard (Obligatory), if you do it you will get a reward and if you do not do it you will be sinful. Or it may be mandoob/mustahab/naafilah (recommended), meaning if you do it you will get reward but if you abstain there will be no sin. Or it may just be Mubah (Permissable).
For e.g. Allah says:
وَأَقِيمُوا الصَّلَاةَ
And establish the prayer (TMQ 24:56)
This is ‘amr’ a command; if someone prays he will get rewarded if he abstains he will be sinful and punished. However the Prophet (SAW) ordered us to pray 2 rakahs before Fajr and after Maghrib, but this is Sunnah.
Also when Allah (SWT) says:
وَإِذَا حَلَلْتُمْ فَاصْطَادُواْ
“But when you have left the sacred territory, then go hunting (if you wish)” [TMQ 5:2]
It is haram for the Hajji to go hunting while at Hajj. However if he finishes the ‘manasik’ he may go out hunting as the ayah commands but this is Mubah, not Fard or Mandoob. The order from Allah (SWT) the order from the prophet (SAW) maybe Fard, Mandoob, Mubah etc.
So going back to the و because it is connected to all the ayats, and they are talking about the top Fara’id in Islam such as staying away from the hell fire, unity, not following the disbelievers, holding on to Islam etc, it becomes connected to them and becomes an indication of Fard just like those things it has been linked with.
As mentioned before the ل here is the Lam of ‘Amr’, of command. This is a letter which by Allah (swt) shows that he wants us to do that specific thing, and this shows that it is also Fard.
We mentioned that the مِّن has two possible meanings in the Arabic language. So which meaning will we use? Is it for our desires or something emotional? No! We must try to understand the text and see which meaning it befits. For the whole Ummah to take on this job of calling to the khair and enjoining the good and forbidding the evil, it will be impossible. Because firstly the whole Ummah will never be under the banner of one understanding and one group but more importantly many members of the Ummah are not capable of enjoining the good and forbidding the evil. Some people are jahill (ignorant) of the rules of Islam and some people are mentally not qualified of enjoining the good as well as many other excuses for an individual to be excused. Thus here we take the meaning of ‘li ‘l-Tab’eed’, ‘part of you’ within this context.
Thus next we deal with the pronoun كُمۡ which means you, meaning you believers. That means it is haram for it to be from the non believers, in terms of its membership it cannot be for the kafireen, it must solely be for the Muslims based on the Islamic aqeedah. Thus same again with the word أُمَّةٌ۬ it has to be from the Ummah, not based on nationalism, like many organisations we see today they have Islamic names but have Non Muslims as members or un-Islamic policies based on haram, this is haram in Islam.
Thus the word Ummah أُمَّةٌ۬ has been used, is it possible for us to use any other words? Does it have to be the word Ummah as the name of the organisation for e.g. Ummah Islamiyyah? Can we use words such as ‘hizb’ or ‘Jama’a’ or ‘kutla’ or ‘firqah’ instead of Ummah? Or is it haram to deviate from this. The word ‘Ummah’ is it using the shar’ee meaning.?The shar’ee meaning is when Allah (SWT) gives a specific meaning to a word commonly used by the Arabs. For e.g. ‘salah’ in the Arabic terminology means just the du’a, but when we pray Maghrib we call it salah, although it contains many other meanings. Other examples are of jihad, zakat etc then these should not be changed as it is haram. However if it is just a linguistic meaning then there are no problems in changing the words. Thus here the linguistic word is being used so it is not a problem calling the group a Jama’ah. Nowadays if you call yourself a Jama’ah there seems to be no problems and same with kutla, but if you use the word ‘HIZB’ you will face many problems. Many people will ask how can you call yourself a hizb? Many people do not like this idea here it is to suffice to mention the ayah of Quran where Allah (SWT) says:
وَعَسَى أَن تَكْرَهُواْ شَيْئًا وَهُوَ خَيْرٌ لَّكُمْ وَعَسَى أَن تُحِبُّواْ شَيْئًا وَهُوَ شَرٌّ لَّكُمْ وَاللّهُ يَعْلَمُ وَأَنتُمْ لاَ تَعْلَمُونَ
“but it may happen that you hate a thing which is good for you, and it may happen that you love a thing which is bad for you. Allah knows, you know not”. (TMQ 2:216)
Going back to the discussion Allah uses the word ‘hizb’ حزب in the Quran when Allah (SWT) describes the prophet and the shahaba’s as:
أُوْلَئِكَ حِزْبُ اللَّهِ أَلَا إِنَّ حِزْبَ اللَّهِ هُمُ الْمُفْلِحُونَ
“They are Allah’s party. Lo! Is it not Allah’s party who are the successful?” (TMQ 58:22)
The word hizb, Allah (SWT) has not forbidden us from using it. The word hizb has two meanings. The linguistic meaning means the group of the man, so an army or a tribe can also be called a hizb. Then there is a more political meaning which means that these people they are in one group, convinced by the same ideas and concepts and they want to practise this and implement this in society.
So this group must now:
يَدْعُونَ إِلَى الْخَيْرِ
They must call to Islam. So before Allah addressed the members saying be Muslim and now Allah (SWT) is saying call to its concepts. Thus their members must be Muslims and their call has to be Islamic. We understand from this that it is haram for this party to have non Muslims or be built on a un- Islamic call, such as Socialist Party, Communist Party, Democratic Party, Capitalist Party they are all haram.
وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ
But more specifically they must enjoin the good and forbid the evil. Now we know that Allah (SWT) has said that the party must call to Islam and here more specifically to enjoin the good and forbid the evil. Yet, we know that Islam contains enjoining the good and forbidding the evil and it is part of Islam so why is it specifically mentioned?
Here ‘al Khair’ الخير is general (aam), and enjoining the good and forbidding the evil is specific (khaas). So why has Allah (swt) mentioned a specific order after a general order? The scholars say that “if something ‘khaas’ is mentioned after something ‘aam’ and it is connected to it, it means the ‘khaas’ has an additional meaning. Such as when Allah says:
مَن كَانَ عَدُوًّا لِّلّهِ وَمَلآئِكَتِهِ وَرُسُلِهِ وَجِبْرِيلَ وَمِيكَالَ فَإِنَّ اللّهَ عَدُوٌّ لِّلْكَافِرِينَ
“Who is an enemy to Allah, and His angels and His messengers, and Gabriel and Michael! Then, lo! Allah (Himself) is an enemy to the disbelievers”. (TMQ 2:98)
Here Allah (SWT) is saying that whosoever takes Allah’s messengers and angels and Jibreel and Mikael as enemies Allah (SWT) will be an enemy to them. But Jibreel and Mikael are from the angels so why are they specifically mentioned. Here Allah (SWT) is specifically addressing the Jews who used to claim that they are the saved people but they used to vehemently hate the angels Jibreel and Mikael specifically. Here there are 2 meanings the scholars mentioned that Allah (SWT) is specifically mentioning them to give them honour (i.e. the two angels) or because the Jews specifically hated Jibreel as they believed he betrayed Allah (SWT) and made a mistake by giving the messenger ship to the Prophet Muhammad SAW and not to a Jew (may Allah curse them).
We see that if something specific is mentioned after something general it has an additional meaning. So going back to the ayah, enjoining the good and forbidding the evil, what is the additional meaning here. First meaning to be added here is that enjoining the good and forbidding the evil is one of the most important acts of Islam, because Allah (SWT) mentioned straight after Islam (al Khair) and is like the previous example giving it honour. The second meaning here is what is the meaning of ‘enjoining’ and ‘forbidding’ within the context of the ‘Lisan al-Arab’ (Dictionary of the Arabic Language) and the classical Arabic dictionaries (Al-Fayrooz Abadi in al -Qamoos al-Muhit and in Lisan al-Arab ofibni Manzoor), they refer to ‘ordering’ people and ‘enjoining’ and ‘forbidding’ as سياسة ‘siyasah’ (politics). Telling people what to do and making them abstain from certain actions is politics.
So when Allah (SWT) says:
يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ
He is telling us to call to Islam in a political way and this is the additional meaning conveyed to us by the use of enjoining the good and forbidding the evil. This is a way in which we can call towards Islam.
So what is the meaning of the political way? We can either carry Islam in a political way or a non political way. We can forbid the evil when we find the people not practising salah, we can order them ‘dear brother you have to practise salah and salah is fard etc’. If you find someone lying you will say ‘you must not lie this is haram’. As the Prophet SAW said:
“When a man lies, the angel moves a mile from him because of the bad odour of what he has produced”, (Narrated by Abdullah ibn ‘Umar).
If you find the people doing something haram you forbid them, if you see the people not fulfilling the fara’id you order them, but what about the society, the government, and the ruler? If we find the King of Saudi Arabia is doing something haram we stay quiet and remain silent. But when you find the Ummah and the ordinary people doing something haram you forbid the evil. In this case you are still calling to Islam no one can deny that, but you are not doing it in a political way. This means that you are speaking about the people and leaving out the rulers, and this will not change the society. This will not solve the problem.
Al-Imam Ahmed Ibn Hanbal said:
“If I know that Allah (SWT) will accept one dawah from me, I will make this dawah not for the mujahideen, who are fighting and carrying Islam to the Kafireen and defending the Ummah, neither for the poor people, or for the mothers, or the children, or for the ill people but for the rulers”.
If the rulers are good Allah willing the people will be good, like at the time of Umar ibn al Khattab. A man came up to Ali Ibn Ali Talib(RA) and said why is it that at the time of Abu Bakr(RA) and Umar(RA) the Khilafah was so good and peaceful. Ali (RA) replied “because at their time they had people like me who obeyed them and I have people like you who obey me”. Ali (RA) still carried his people and implemented Islam on them and punished those people who rebelled against the state. This is what we mean by a political way and this is the additional meaning.
وأُوْلَئِكَ هُمُ الْمُفْلِحُونَ
“And those people will be the successful”. The word ‘those’ اؤلئك returns to the Ummah and the ‘falah’ فلاح includes in the dunya (World) and in the Hereafter. So he will have a good life here, Allah willing and in the day of judgement Allah (SWT) will reward him and give him Jannah.
Now this hukm from a general onset is ‘fard Kifayah’ (Obligation of Sufficiency). Imam Ibn Kathir, and Imam Al Qurtubi, and Imam Al Ghazali in his book ‘al Mustasfa’, and Ibn Hazm in his book ‘Al Ihkam fi Usul ul-Ahkam’, and Imam Jarir At Tabari, they all made ijtihad and said this fard for the Ummah is ‘Fard Kifayah’ originally and only needs to be fulfilled collectively.
So how do we realise that this is an obligation. The first qareenah (indication) was theو, although it in itself is not decisive, because it links to other ayat of obligations it acts as an indication of Fard. Also Allah (SWT) in the same ayah tells us to call to Islam which is Fard. Similarly it mentions enjoining the good and forbidding the evil, and we know this is fard because Allah (SWT) says:
وَالْمُؤْمِنُونَ وَالْمُؤْمِنَاتُ بَعْضُهُمْ أَوْلِيَاء بَعْضٍ يَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ
“And the believers, men and women, are protecting friends one of another; they enjoin the right and forbid the wrong.” (TMQ 9:71)
Also Allah (SWT) says:
لُعِنَ الَّذِينَ كَفَرُواْ مِن بَنِي إِسْرَائِيلَ عَلَى لِسَانِ دَاوُودَ وَعِيسَى ابْنِ مَرْيَمَ ذَلِكَ بِمَا عَصَوا وَّكَانُواْ يَعْتَدُونَ (78) كَانُواْ لاَ يَتَنَاهَوْنَ عَن مُّنكَرٍ فَعَلُوهُ لَبِئْسَ مَا كَانُواْ يَفْعَلُونَ
“Those of the Children of Israel who went astray were cursed by the tongue of David, and of Jesus, son of Mary. That was because they rebelled and used to transgress. (78) They restrained not one another from the wickedness they did. Verily evil was that they used to do!”(TMQ 5:78-79)
So here the disbelievers from the previous generations have been cursed because they did not enjoin the good and forbid the evil, and it is haram for the Muslims to copy or imitate the Jews and the Christians, which also indicates that this is fard.
The prophet SAW also said:
لَتَأْمُرُنَّ بِالْمَعْرُوفِ ، وَلَتَنْهَوُنَّ عَنِ الْمُنْكَرِ أَوْ لَيُسَلِّطَنَّ اللَّهُ عَلَيْكُمْ شِرَارَكُمْ ، فَلَيَسُومُنَكُمْ سُوءَ الْعَذَابِ ، ثُمَّ يَدْعُو خِيَارُكُمْ فَلا يُسْتَجَابُ لَهُمْ ، لَتَأْمُرُنَّ بِالْمَعْرُوفِ ، وَلَتَنْهَوُنَّ عَنِ الْمُنْكَرِ ، أَوْ لَيَبْعَثَنَّ اللَّهُ عَلَيْكُمْ مَنْ لا يَرْحَمُ صَغِيرَكُمْ ، وَلا يُوَقِّرُ كَبِيرَكُمْ
“You will (must) enjoin the good, and you will (must) forbid the evil, or Allah will make sovereign over you the worst of you, who will afflict you with the worst of punishment, then the best of you will make Du’a and it will not be answered”. “You will (must) enjoin the good, and you will (must) forbid the evil, or Allah will send against you those who will have no mercy to your young and no respect for your elderly”. (Ibn al-Qayyim).
Thus after establishing that enjoining the good and forbidding the evil is fard, and this is an action directly linked in the ayah to the group it means to have that group is also fard. The final qareenah in this ayah is that it is linked to success ‘muflihoon’, showing that whosoever does it achieves it while the others do not. These are the Karinah showing the fard nature of this ayah.
Furthermore we know from a usul principle that whatever leads to an obligation is in itself an obligation (Ma la yatimm al- wajibu illa bihi fa-huwa wajib)
So the biggest munkar (evil) for this Ummah currently is that the Muslim rulers are ruling by kufr, this is the biggest munkar. The spreading of this kufr and capitalism is everywhere, so this is the biggest munkar. So the Biggest ma’roof (good) is that Islam must dominate all other deens/ way of life’s and must replace this kuffur in this world and every kafir must come to Islam, either he becomes Muslim or pays the Jizya and becomes ruled by Islam. This is the biggest ma’roof so how can we achieve this? We cannot have this unless we have a state implementing Islam. Thus we cannot have the Khilafah or re-establish it unless we have political activities and have a political party.
So these are the indications that this is FARD, and a collective fard, because the ayah says:
“Let there be from the Ummah a group”.
Now someone may say is it allowed to have more than one group in Islam, is it haram to have more than one group, and have two groups etc?
Well if this ayah was restricted to one group Allah (SWT) did not mention this in the ayah, otherwise the word ‘wahida’ واحدة ‘one’ would have been mentioned after the word ‘Ummah’ indicating let their arise from you one group. This concept in usul is called ‘al-Mafhoom’ and falls under the category of ‘al-mafhoom Al-‘Adad’ (the sense of number). So because the ayah does not say let their arise from you one group, and has been kept general with the single use of the word Ummah it is allowed to have more than one group and also this is a collective obligation.
So when we now mention that this is a collective obligation (fard kifayah) what is the difference between it and the individual obligation (fard ayn)?
Here is a quote from Imam Al Ghazali’s book ‘al-Mustasfa’ where he says:
The difference between the individual obligation and the collective obligation is how to do it and the removal of the sin. Both of these are similar in shar’ee (legislative) meaning that they are fard on all of the Muslims whether it is kifayah or ‘ayn, however the individual obligation is on all of the Muslims, and the collective obligation is on a group of the Muslims and this is only a ‘hukmi’ (ruling) difference.
Thus an individual obligation is on every single Muslim and when he fulfils the action the sin will be removed from him. However if there are some members of the community who do not do it they will not be relieved of the sin, for e.g. Salah. However the collective obligation is still a fard on all the Muslims, if however they manage to achieve this obligation then they relieve themselves of the sin and they will only get the reward;
أُوْلَئِكَ هُمُ الْمُفْلِحُونَ
“And they are the successful”. But they will as well rid the the whole community of Muslims of the obligation.
Now there seems to be a misunderstanding of the terminology ‘fard kifayah’. A lot of Muslims say “well if its fard kifayah you go and do it and I will get along with my business.” The Fard Kifayah is a FARD, however these are ‘hukmi’ differences. These obligations are Fard on all the Muslims, however with the kifayah if Alhamdulillah some people achieve it then it is fulfilled. However up to that time until it is ACHIEVED every Muslim has to participate in that kifayah duty, like establishing Khilafah (the Islamic State) and the sin will remain on them just like the one who does not pray until he prays. Now it is fard upon the whole Ummah to re-establish the Khilafah till it is established otherwise all of the Ummah will be sinful except for those who are working for the re-establishment of the Khilafah. Thus all of the collective obligations such as Janaza (burial) prayers/ghusul and Jihad are fard and follow the similar pattern of hukm.
The Muslims nowadays ignore the word ‘Fard’ and go to the second word ‘kifayah’ straight away. But here Fard means if you do it you have the reward and are not sinful and if you do not do it then you are sinful. However is some of the people achieve this then the sin will be removed from your neck. This is the same thing that Ibni Badran mentions in his book as well as in ‘Rawdat al-Nazir waJunnat al-Munazir’ by Ibn Qudamah al-Maqdisi . This is the most important thing that we have to notice about this.
So this is how ahkam are derived from the ayats and we must understand our ahkam this way, how these ahkams have been derived to be muqallid muttabi’, and not muqallid ‘aami (blind follower). The blind follower all he does is ask about a hukm (rule) and follows it. For e.g. he will ask is this halal or haram and just follow it, without asking for the evidences and how the ruling was derived. We must be one step ahead and better than this and be a muqallid muttabi ‘and know the evidences and find out how the rules were derived from the elaborated evidences. Insha’Allah we should not stop there and study even more so that we can be mujthahideen so that we know all the evidences and rules so that we can derive our own rules from the evidences from the kitab and sunnah.
Jazakallahu Khairan, all praise and worship belongs to Allah, the Lord of the heavens and the earth.
Q&A:
1) Is it possible for you to clarify what entails calling to the khair, what it may differ from enjoining the good and forbidding the evil?
A: There were misunderstandings about this part, the first misunderstanding that arose is that the Muslims thought that enjoining the good and forbidding the evil was only for the Muslims and for the Muslim lands. Also calling to the khair i.e. Islam was only for kafireen not for the Muslims. Calling to khair is for both Muslim and Non-Muslim. For the non Muslim we call them to Islam and for the Muslims to practise Islam. This is calling to the khair. So if we find non Muslims we give them dawah and invite them to become Muslim, whether he is your colleague, friend or neighbour. We tell them to believe in Allah, the Prophets, the Angels etc… Now for the Muslims we call them to khair by telling them to make their Islamic aqeedah the basis for their concepts and the halal and haram a measurement for their actions. Secondly enjoining good and forbidding evil everywhere, like the Prophet SAW did in Makkah when he invited people to Islam as well as enjoined the good and forbade the evil as well as expose the badness of Quraish.
When the prophet SAW recited the ayah to Abu Talib:
“Lo! Allah enjoineth justice and kindness, and giving to kinsfolk, and forbiddeth lewdness and abomination and wickedness. He exhorteth you in order that ye may take heed”. (TMQ 16:90)
Abu Talib when he heard this he said “O Quraish, this religion is for you”, so we need to continue in a similar manner by enjoining good and forbidding evil on everyone.
2) Some Muslims say that the qareenah in this ayah is the part where the ‘success’ is mentioned whereas other Muslims say that ‘enjoining the good and forbidding the evil’ is the qareenah with respect to the related evidences that each of these qareenah have. Is it possible for you to clarify this issue?
A: All of these are qaraa’in. Sometimes you will only find one qareenah in an ayah, but usually there must be two qaraa’in to show that it is fard; one to show the reward that you will get and the second to illustrate the sin at hand if avoided, and if there is one it merely shows the reward present in that act. This is also similar with the criteria for haram. However sometimes you will find more than two qaraa’in within a ayah, these will either be based on the principle that whatever leads to an obligation is an obligation or will be indefinite qareenah which will be general until it is specified by other text. So in this ayah all of these are karaa’in and represent the fard nature of the ayah.
3) You mentioned that the word ‘min’-from has two meanings within the Arabic language and you have shown that we take the ‘li’l-Tab’eed’ meaning ‘some of you’. Could you give us a further elaboration as you mentioned as evidence to this that not everyone can physically do it, i.e. the enjoining of the good and the forbidding of the evil. However Salah is an obligation on the whole Ummah yet the Shara’ has given exception to those people who cannot fulfil it, couldn’t it not be the same case for this obligation where there is an ‘istitaa’a’ capability leeway. Thus this would hinder this meaning and make us adopt the second usage of the term ‘min’ and mean that the whole Ummah has to do it.
You mentioned that could it follow the example of the salah, that it is an obligation on everyone but there are exceptions for those who are not able to do it. The first thing to note is that salah is an individual obligation (ayn) whereas this ayah is communal (kifayah). So when we follow the order of the ayah it says ‘Let their arise from you a group’ and this has the possibility of two meanings of ‘li ‘l-tab’eed’ or ‘bayan al-jins’. When we refer to other ayahs talking about enjoining the good and forbidding the evil, we say they are ‘ayn’ in general. Such as;
“You are the best community that has been raised up for mankind. You enjoin right conduct and forbid indecency; and you believe in Allah”. (TMQ 3:110)
And,
وَالْمُؤْمِنُونَ وَالْمُؤْمِنَاتُ بَعْضُهُمْ أَوْلِيَاء بَعْضٍ يَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ
And the hadith of the Prophet (SAW):
“Whosoever sees a Munkar (an evil or wrong) let him change it by his hand, if he could not let it be by his tongue. If he could not let it be by his heart, and this is the weakest of Iman”. [Muslim]
Thus here ‘sees’ means doesn’t necessarily mean to literally see it means ‘whosoever has knowledge of it’. However in the context of this ayah because it is calling for people to arise from amongst you and this is the biggest indication. Some of the scholars of Tafsir have said that it is ‘bayan al-jins’ but we say that they were wrong in its understanding and we take the meaning of ‘li’l-tab’ieed’ and it expresses the correct understanding of kifayah.
4) In this ayah it mentions calling to khair as calling to Islam, is it possible for people to call to only one ahkam of Islam or part of it and restrict yourself to that, can that fall under this ayah and its context.
A: this is a very important question, we must first realise that this ayah when it mentions calling to khair, as well as enjoining good and forbidding evil, it doesn’t specify what khair, what good or what bad. Thus the scholars of Tafsir have mentioned since it has been left unrestricted (mutlaq) and general (amm) then it means to call to all khair, all good and forbid all bad. It doesn’t say forbid those who do not pray, those that divide the Ummah or those who do not fast it is calling for all bad to be forbidden. Similarly with calling to khair, it cannot just be for sadaqah, or prayer or morals. Rather it has to be all encompassing and comprehensive, calling to all the ahkam of the deen.
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The Order (amr) and the form of Imperative
The following is the translation of a chapter from the Arabic book ‘Al-Fikr al-Islami’ (The Islamic Thought) by Sheikh Mohammad Mohammad Ismael Abduh, an Assistant Professor at the Egyptian University (now known as Cairo University) in the past.
Muslims are obliged, in this life, to proceed in accordance with the orders and prohibitions of Allah. His (swt) orders and prohibitions came at the tongue of Rasool ul-Allah Muhammad (saw) in the Book and the Sunnah. From these two sources we derive the ahkam and what can be evidences with them, for the ahkam, which are ijmaa’ us-Sahabah and the qiyas (analogy).
These ahkam are erived from the orders and prohibitions that came in the Book and the Sunnah. The orders and prohibitions that came in the Book and Sunnah are not confined to the form of the imperative (seeghat fi’lul amr).
They rather came in many forms. Therefore, it is wrong to think that the meaning of the order of Allah (swt) that He orders of a thing by the form do (if’al). He might rather order with the imperative form (do) as well as with other forms.
When Allah (swt) says:
“Fasting has been prescribed upon you.” [TMQ Al-Baqarah: 183], He orders with fasting.
And when He (swt) says:
“It is duty upon (Muslim) people to make pilgrimage (Hajj) to the House.” [TMQ Ali-‘Imran: 97], He orders with Hajj. He (swt) also orders with the form of imperative (seeghat ul-amr) as in His (swt) saying:
“Establish the prayer.” [TMQ Al-Baqarah: 43], and
“When you contract a debt for a fixed time, record it in writing.” [TMQ Al-Baqarah: 282]
So the order from Allah (swt) is the request from us to do the matter, whether He (swt) ordered of it in the imperative form or information form.
It is incorrect to say this matter is not obligatory (wajib), because there is not a text that orders us of it, for there is no imperative form and it came in the informative form. Nor it is correct to say this matter is obligatory (wajib) because it came in the imperative form. This is because the matter might be obligatory and it came in other than the imperative form; and it might be not obligatory and it came in the imperative form. Since what is meant by the order (amr) is the request of (doing) the matter regardless of the form in which the request came; for there is no specific form for the order.
As regards to the form of do (if’al), it is not specific to the order alone. It is rather common (mushtarak) for the order (amr) and others. It might be for warning (tahdeed) direction (irshad) and allowance (ibahah); and all of these are not orders. The common (mushtarak) word, in the language, that has many meanings, is suitable for all the meanings it indicates in the language if it came detached for qaraa’in (connections). It is not assigned to a specific meaning unless there is a qareenah (connection) that indicates that.
As an example, the word ‘al-‘ayn’ is a word common (mushtarak) between many meanings. It is called upon ‘al-‘ayn’ (the eye), ‘al-jasoos’ (spy), ‘al-‘ayn al-jariyah’ (fountain), and ‘an-naqd’ (currency). There is no preference of any of these meanings over the others with a qareenah (connection), for it represents the true (haqeeqi) in some of them and metaphoric (majazi) in others.
Likewise the form (seeghah) of do (if’al) is a common (mushtarak) between many meanings. It is called to mean the order (amr), to mean giving choice (takhyeer), to mean threatening (tahdeed) and to mean gratitude (imtinan). Not any one of these meanings is preferred to the others without a qareenah (linkage). This is because it represents the true meaning of each one of them; and it is not true (haqeeqi) in some of them and metaphoric (majazi) in the others. The Qur’an has come with these meanings (for the amr) in many explicit ayah that are not subject for interpretation (ta’weel).
It appears for examining the ayah that came with the imperative form (seeghatul amr) that the Qur’an called it in different accounts and did not specify it with the order. It came to mean obligation (wujoob) as in His (swt) saying:
“Establish the prayer.” [TMQ Al-Israa’: 78]
It also means preference (nadb) as in His (swt) saying:
“… Write for them…” [TMQ An-Nur: 33]
It means direction (irshad) as in His saying:
“… So seek witness…” [TMQ Al-Baqarah: 282]
Which means if you wanted to conclude a transaction, it is more convenient that you have witnesses on it so that your right is not lost. It is for allowance (ibahah), such as His (swt) saying:
“…But when you have left the sacred territory, then go hunting (if you will)…” [TMQ Al-Maidah: 2]
And His (swt) saying:
“And when the prayer is ended, then disperse in the land…” [TMQ Al-Jumu’a: 10]
It is also for gratitude (imtinan) as His (swt) saying:
“Eat of what Allah provided to you.” [TMQ Al-An’am: 42]
It is for honouring (ikram) as His (swt) saying:
“Enter them (the gardens) in peace, secure.” [TMQ Al-Hijr: 46]
It is for threatening (tahdeed) as His (swt) saying:
“Do what you like.” [TMQ Fussilat: 40]
And:
“Take your ease (enjoy yourselves) a while.” [TMQ Az-Zariyat: 43]
It is for mockery (tashkeer) as His (swt) saying:
“Be you apes, despised and hated!” [TMQ Al-Baqarah: 65]
It is for incapacitation (ta’jeez) as His (swt) saying:
“Be you stones or iron. Or some created thing that is yet greater in your thoughts!” [TMQ Al-Israa’: 50-51]
It is for humiliation (ihanah) as His (swt) saying:
“Taste! Lo! You are might, full of honour.” [TMQ Ad-Dukhan: 49]
It is as well for equalization (taswiyah) as His (swt) saying:
“Be patient or don’t be…” [TMQ At-Tur: 16]
Thus the imperative form (seeghatul amr) carries many meanings. If it came free of the qaraa’in (connections), then it is necessary to seek for the qareenah (linkage) in the text it came in or in other texts that came in the same subject or case, in order to assign what is meant of the command in that text. In other words, this is to determine the intended meaning of the imperative form in the text.
In this manner, it becomes possible to understand the divine text (an-nuss ash-shar’i), and to derive the hukm of Allah (swt) meant from that text. Thus man would follow the halal as it came and not as what the person wishes. He avoids the haram that came and not what the person himself views. In such a way man would have followed the halal and avoided the haram in the manner that Allah (swt) wanted.
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Fiat Money and Zakah
Question:
The following came in the book of Funds, in the second paragraph of p. 174 “and these reliable (covered with gold) banknotes consider the covered ratio of them as representative banknotes ……… ….. (and it says at the end of the paragraph) …..if they did not amount to forty dinars, then there is no Zakat in them”
The question is: Is it not possible to view the reliable banknotes in terms of considering the covered part of them as representative banknotes, where Zakat of gold or silver applies to them according to their coverage? While the percentage which is not covered is considered fiat “mandatory” money, where they fulfill the reason (‘illah) of money and price like the fiat money, and thus they will be covered by the ahadeeth that oblige Zakat in the two currencies of gold and silver?
Answer:
Currency is as follows:
1 – The substance of gold and silver, whose Zakat is clear.
2 – Paper currency that represents all that which is written on it. If it was written on it the word of Islamic dinar, 4.25 gm gold, this paper of “dinar” is treated as if it were a golden dinar, ie a tangible substance. So, this banknote is subject to Zakat according to what is written on it on condition that the banknote can be substituted by gold at any time. This means if you had twenty banknotes of “85” gm of gold, thus reaching the minimum amount (nisaab), then Zakat is taken from them. This is the meaning of the representative banknotes, which means they can be substituted at any time at the State Bank for their full value.
3 – A representative paper money/banknote, but what is written on it is not exchanged for the gold value written on it, but rather for a ratio of it. As an example, dinar is written on it (it is called dinar among people during transactions), but when you take this banknote to the State Bank they give you 2.125 gm gold, ie a half of gold dinar This means the nisaab will be met when you have forty banknotes of them (40 × 2.125 = 85). In this case, it is incorrect to say that this banknote on which dinar is written is divided into two parts: half of it is representative, while the other half is fiat (mandatory). This is incorrect, because it is the same banknote, and it is used in the market dealings with the trading power of the amount of 2.125 gm of gold, and nothing else.
In other words, its trading value is not 2.125 gm of gold + something else!
So, its reality is that it is a banknote whose value is 2.125 gm of gold, and nothing more.
4 – As for the mandatory banknote, it is not exchanged for gold as it is written on it. In other words, whether a dinar or ten dinars was written on it, there is no point in that because it is not exchanged for gold at all. It is incorrect to say you can purchase a quantity of gold with it, so why this is not considered to be a cover, and accordingly the mandatory banknote is a reliable banknote for an amount of gold.
This is not the case, because in order to consider the full representative banknote, or the reliable banknote, which is proportionally representative (ie not fully covered), their value in gold must be known and fixed, and it can also be exchanged in the State Bank, at any time. The absence of these two conditions: “the known golden value and the replacement of this value at any time” excludes it of the representative banknote.
It is clear that the mandatory banknote is not like that, for it has no fixed and known cover which is subject to exchange at the State Bank of gold at the desired time. Rather, it is not more than a banknote subject to exchange for a known ratio since America’s declaration in 1971 of the abolition of exchanging the dollar with gold.
Accordingly, regarding the mandatory banknote it is treated as a currency in the divine provisions because of the reason (‘illah) of being a currency; and Zakat is taken of it after knowing of its value in the market, in gold or silver. If its total purchase value reached twenty dinars of “85 gm gold” it would have reached the nisaab, or if it reached two hundred dirhams “595 gm silver” it would have reached the nisaab. If this amount remained after paying the debt…, and one year has passed, then the Zakat is obliged. I tend in this issue to consider the lower nisaab enough to oblige the Zakat . So, if it reached the nisaab of the silver, which is the lower at these days, its owner would be subject to Zakat.
10 Rabee’ II 1432
03/15/2011
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Obliging Zakat upon Crops and Fruits?
Question:
It came in p. 97, at the end of the third line in the book of the Draft Constitution, Volume II the following text: “As regards the words of Allah, The Almighty: (And give its due right on its day of harvest), Al-An’aam, verse 141. Zakat did not come in this verse for it is revealed in Makkah, while the Zakat was enacted in the Madinah; and that is why it mentioned the Pomegranate which there is no zakat of one tenth on it… “
The book of Funds mentioned in p. 161, first line after the title: “Zakat on crops and fruits is obliged by the Qur’an and Sunnah; as for the Qur’an it is by His (swt) saying: “And give its due right on its day of harvest”, Al-An’aam, verse 141.
The question is how we use the verse as evidence for the obligation of the Zakat, though we say that the verse does not include Zakat, as it came in the Draft Constitution. In other words, how we make it evidence for obliging zakat upon crops and fruits? Should not we publish correction about it?
Answer:
What is stated in the Draft is more detailed than that which is mentioned in the Funds; and they however conform to each other:
The verse of “And give its due right on its day of harvest” is not valid to use to infer the Zakat in generality, i.e. to say there is zakat in all of crops, because it is a Makkiyyah verse, where the Zakat has not been enacted then.
However, there are others who use it as evidence, but not general in every crop, rather it is used as mentioned in the Draft Constitution:
A – Regarding that which is cropped,
B – And that it is summed (mujmal) that needs elaboration.
Accordingly, it was stated in the Draft: “If we assumed they fall within the zakat, then this applies on that which is harvested, because the pomegranate is not harvested, thus it came in summed (mujmal) form, and the ahadith came to mention that zakat is taken from the harvested crops, which are the wheat and barley. The ahadith added other two types, which are of dates and raisins. In any case, as long as the verse has been revealed in Makkah, where the Zakat was not enacted yet, then this is sufficient to reject its use as evidence. “
In other words, it is not used as evidence for the Zakat on all crops, because the context of the text lacks its use for reasoning the Zakat of all crops; but it can be referred to in that which is harvested, and that it is of summed (mujmal) form where the ahadith elaborated it.
As for the Funds, it was mentioned as summed (mujmal), like quoting the summed (mujmal) hadith in Zakat “Tenths (Zakat) are taken from what is irrigated by rivers and rain …”. The summed evidences are not alone enough, because they need elaboration (bayaan); and their elaboration comes in the ahadith that made zakat only from wheat, barley, dates, raisins, and they have to reach a certain amount (nisaab) … etc..
Thus, it is not allowed to use as evidence that which is summed (mujmal) unless followed by elaboration (bayaan). Therefore, they were mentioned in the Funds as summed, and then they were followed by the elaborating ahadith. So, it said in the Funds:
“Zakat of crops and fruits are obliged by Qur’an and Sunnah. As for the Qur’an, it is His (swt) saying “And give its due right on its day of harvest”, [Al-An’aam, 141].As for the Sunnah it is the saying of the Prophet, peace be upon him: “There is no Zakat in less than of five wasaqs“, agreed upon it …End quote.
After all, had it been explained in the Funds as it were in the Draft it would have been better … However, I do not see a need for its correction, on condition that it is understood as detailed in the Draft.
4th Rabee’ II 1432
03/09/2011
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What is the method to gauge the effect of the da’wah?
Question: What is the way for us to gauge the effect of the da’wah to resume the Islamic way of life? Is it by looking at how many people we have, how many people attend our events or demonstrations, what people are talking about in society? Can you please clarify what criterion we should use to judge this.
Answer: It is incorrect to gauge the effect of the da’wah from the number of people that are in a group or attend their events or demonstrations. Although a group requires people to be part of it and requires a popular base of supporters, however numbers are not an accurate measure when judging the impact of the da’wah to resume the Islamic way of life.
Sheikh Taqiuddin an-Nabhani wrote in Concepts of Hizb ut-Tahrir:
“Those who carry the da’wah should not assess the da’wah by their number. Such assessment is absolutely wrong and harmful to the da’wah because it distracts the da’wah carriers from focusing on the society to focusing on the individuals. This will cause the da’wah to slowdown and perhaps cause failure in that place. The reason behind this is that society is not composed of individuals as many people think. Rather the individuals are parts of the group (community). What bonds the individuals in the society are other components such as their thoughts, emotions and systems. The da’wah is carried in order to change the thoughts, emotions and systems. It is collective da’wah and a da’wah taken to the society and not to the individuals. Reforming the individuals is only to make them become part of a group (bloc) that carries the da’wah to the society. Therefore those who carry the da’wah and have a deep understanding of its nature rely on society to carry the da’wah to it.”
“Although, the transformation of society from one state to the opposite state cannot be noticed just like the transformation of the water in the kettle is not noticed, those who are aware of societies and have confidence that the ideology which they carry is the fire and light which will burn and enlighten, know that society is in a state of transformation and it will definitely reach boiling point and the points of movement and dynamism. Therefore, they give attention to societies (and not number of individuals).”
This is further elaborated in the adopted booklet ‘The Departure Point’ published by Hizb ut-Tahrir in 1954 that sheds light on this topic:
“22- The method of gauging the thoughts and the sensations of society is very simple. It would be by way of monitoring the effect that political events evoke the thoughts. In other words, did these political events evoke thoughts, or did they merely confirm the old thoughts? It would also be by way of monitoring the effect that the political events on the emotions. In other words, did they evoke new emotions, or did they merely confirm the old emotions. What is meant by emotions here is what is felt in terms of happiness, sadness, pleasure and anger due to the new thoughts and emotions or due to the confirmed old thoughts and emotions.
As for the existing thoughts and emotions, these could be gauged by monitoring the matters which the masses talk about and by monitoring their evoked emotions; for instance, the Muslims’ talk nowadays about the co-operatives and the public companies, instead of talking about the companies of “Inan” or the companies of “Mudharabah”; or their anger for their nationalism instead of their anger for the sanctities of Islam.
Hence, according to this criterion the registering of the thoughts and the sensations takes place. It would be imperative to attend to observing all people, intellectuals and others alike, because the thoughts and the sensations are one in the one society.
23- Gauging the thoughts and the emotions of society would be in order to treat them by way of attacking the erroneous thoughts, highlighting their falsehood and transforming the emotions of joy from what the Muslim should not be happy about to what the Muslim should be happy about, and the emotions of anger from what the Muslim should not feel angry about to what the Muslim should feel angry about. Hence, it would be imperative to attend to recognising the reactions which the events and the thoughts cause. In other words, recognising people’s reaction to the thoughts and events. Did they cause any reaction or not? If they did, this would indicate that they have approved of them, hence, it would be imperative to demonstrate the falsehood of the thoughts and to transform the emotions. If they did not cause any reaction, it would be pointless to give them any attention because it would be then a waste of time.
24- Since the cornerstone in the tackling of thoughts and emotions is the changing of the concepts, it would be imperative to recognise the reaction that occurs when the process of changing the concepts is taking place. In other words, did the party’s endeavour to changing people’s erroneous concepts provoke any reaction form them and any effect upon them or not? If it did trigger a reaction and an effect, this would indicate that the thoughts which the party had conveyed did generate in them a host of concepts; it would also indicate that their taking of the thoughts was in reality a changing of the concept. However, if they did not provoke any reaction from them despite their understanding of the party’s thoughts, this would indicate that what occurred was that people merely received information, but no changing of concepts took place.
25- Since it is the party that tackles the thoughts and the emotions of society with the thoughts that it has adopted, it would therefore be imperative for it to attend to recognising the inclinations people have towards the thoughts of the party and towards the party itself. In other words, do people approve of the thoughts of the party or do they dislike them? Do they like the party itself or do they hate it? Or do they neither like nor hate it, and do they treat it with disregard and indifference?
26- It would be necessary for the party to recognise the thoughts and the sensations of society when addressing society, so that it could direct its attention to the thoughts, so that it recognised the thoughts which should be conveyed at the appropriate time. It should be however recognised that the attending to the thoughts is merely one part of the party’s activity, because the party should first of all endeavour to change the method of thinking people have, secondly, to change the intellectual base upon which people build their thoughts, thirdly to change their thoughts they carry and fourth to link all the thoughts which they encounter in life to their intellectual base. Hence, it would become easy for the party to change the thoughts and it would become easy for it to ensure that people themselves will have started to change their thoughts and to link them to their intellectual base. Consequently, the party would ensure the transfer of the Ummah and the radical transformative stage would be achieved.
27- The transfer of the Islamic Ummah from the wretched situation she is in to a better situation would depend on the success of the radical transformative stage. It would be also dependent on the existence of the Islamic thoughts in people’s minds, because man’s concepts about life emanate from the basic thoughts he carries, and he is affected by the extrinsic thoughts. Hence, the party should exhaust a great effort in order to generate the basic thoughts and to remove the extrinsic thoughts. However, it should be made absolutely clear that the presence of the thoughts in people’s minds would not be sufficient for the transfer of the Ummah from one situation to another. The thoughts should rather be established in the individuals and the groups in a manner that gives them deep-rootedness and concentration and generate for them the power and the influence, in order to trigger the sweeping transformation, hence the transformation and the transfer would occur in the Ummah.
28- It is noted that in society in the Muslims’ lands that the basic thoughts about life are capitalist and democratic thoughts. However these thoughts are shaky and not firmly established due to the fact that people’s Aqeedah is the Islamic Aqeedah. When people adopted these thoughts they took them as such not in a doctrinal manner, and they had been cheated by those who gave them these thoughts, by telling them that they did not contradict their Aqeedah, but rather in conformity with their Aqeedah. Hence we find that these thoughts are not concentrated in their minds, even if their conducts proceed according to these thoughts. Once they become convinced that they contradict their Aqeedah, they would soon abandon them and return to their Islamic thoughts, and this people’s return would mark the transformation in society.”
Therefore if in a place an Islamic group held events where hundreds of thousands of people attended or demonstrated yet the dominant thoughts in that society were democratic and secular evidenced by the peoples reaction to political events then that group would not have had a significant effect. Yet if a group was small in number but due to its focused activity the dominant thoughts in a society changed such that the people say for example started to call for the Islamic Khilafah instead of democracy, that would be a significant effect of the da’wah.
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Adoption when there is Difference of Opinion
Where there must be unanimity in opinion and where difference is allowed
The Ummah is one Jama’ah in its root. Islam has made clear where differences do not arise and where they can arise.
وَاعْتَصِمُواْ بِحَبْلِ اللّهِ جَمِيعاً وَلاَ تَفَرَّقُوا
“And hold tight to the rope of Allah and divide not,” [TMQ Ale-Imran: 103]
Allah (Subhanahu wa ta’aala) orders the Muslims to hold tight and not let go of the rope of Allah (Subhanahu wa ta’aala) and not to divide.
Ibn Masood (ra), Ali bin Abi Talib (ra), and Abu Saeed Al-Kuddrri (ra) said it is the Qur’an. Others said it is the Deen of Allah (Subhanahu wa ta’aala). Others like Ibnul Mubaarak said it is the Jama’ah.
At-Tabari said; “…and do not disperse away from the Deen of Allah and His covenant which he took from you in His Book: that you should be together in obeying Him and His Messenger (SalAllahu alaihi wasallam).”
Ibn Katheer said; “He ordered them to stay in the Jama`ah and not to divide.”
Al-Qurtubi said; “Do not divide as the Jews and the Christians in their Deen…and it could mean do not separate based on your desires and interests.”
Therefore, the disagreement that Muslims are not allowed to have is in the fundamentals of their Deen, not in its branches.
Imam Ahmad recorded that Abu `Amir `Abdullah bin Luhay said; “We performed Hajj with Mu`awiyah bin Abi Sufyan. When we arrived at Makkah, he stood up after praying Dhuhr and said; ‘The Messenger of Allah (SalAllahu alaihi wasallam) said;
إِنَّ أَهْلَ الْكِتَابَيْنِ افْتَرَقُوا فِي دِينِهِمْ عَلى ثِنْتَيْنِ وَسَبْعِينَ مِلَّةً، وَإِنَّ هذِهِ الْأُمَّةَ سَتَفْتَرِقُ عَلى ثَلَاثٍ وَسَبْعِينَ مِلَّةً يَعْنِي الْأَهْوَاءَ كُلُّهَا فِي النَّارِ إِلَّا وَاحِدَةً وَهِيَ الْجَمَاعَةُ وَإِنَّهُ سَيَخْرُجُ فِي أُمَّتِي أَقْوَامٌ تَجَارَى بِهِمْ تِلْكَ الْأَهْوَاءُ كَمَا يَتَجَارَى الْكَلَبُ بِصَاحِبِه، لَا يَبْقَى مِنْهُ عِرْقٌ وَلَا مَفْصِلٌ إِلَّا دَخَلَه
‘The People of the Two Scriptures divided into seventy-two sects. This Ummah will divide into seventy-three sects, all in the Fire except one, that is, the Jama`ah. Some of my Ummah will be guided by desire, like one who is infected by rabies; no vein or joint will be saved from these desires.””
This hadith was also narrated by Abu Dawood (2/503), Ahmad (4/102) and al-Haakim (1/128) among others, with similar wording but with the following addition;
ثنتان وسبعون في النار. قيل: يا رسول الله من هم؟ قال: الجماعة
“Seventy two in hell fire and one in the Jannah: that is the ‘Jama`ah.”
Some scholars, such as ash-Shawkani and al-Kawthari mistakenly said that this addition is weak. Ibn Hazm wrongly said that it was fabricated.
So the subject that the hadith discusses is not the differences, which arise from interpretation of the texts, which are preponderant in meaning, but it is condemning those firqah (sects) that have differed in the foundations of the Deen.
Rather, those sects that are mentioned in the hadith are those who have left the fold of Islam such as the Qadiani, who claimed Prophethood after Muhammad (SalAllahu alaihi wasallam), or those Alawi, who claim Ali (ra) to be god incarnate (may Allah protect us from such deviation), or those who deny the punishment in the Ahkirah, etc.
Why differences exist
Difference in opinion exists because the Shari’ah rule, which represents the address of the Legislator related to the actions of the servants, have come in the Qur’an and the Hadith, and many of these carry several meanings according to the Arabic language and according to Shari’ah. Hence, it is natural and inevitable for people to differ in their understanding and for this difference in understanding to reach the level of disparity and contradiction in the intended meaning. Thus, it is inevitable for different and contradictory understandings to be reached. These could be a host of different and contradictory understandings in the one matter.
Bukhari extracted on the authority of Nafi’, on that of Ibnu Omar ® who said: “the Messenger of Allah (saw) said on the day of Al-Ahzab (the battle of the Ditch): “None of you should pray Asr except in Bani Quraytha.” The time of Asr entered while some were still on the way; so some said: “We should not pray until we reach Bani Quraytha.” Others said: “No, we should pray because the instruction does not mean this.” This was mentioned to the Messenger of Allah (saw) and he did not rebuke any of them.” When the Messenger of Allah (saw) said: “None of you should pray Asr except in Bani Quraytha.”, some understood that he was urging haste and they prayed in the way, while others understood that he (saw) had literally ordered them to pray Asr in Bani Quraytha, thus they delayed Asr until they reached their destination. When the Messenger of Allah (saw) heard of this, he approved of both camps’ actions.
There are many verses and Ahadith similar to this. The difference of opinion in the one matter makes it incumbent upon the Muslims to adopt one opinion from among these various opinions, for all of them are Shari’ah rules, and the rule of Allah (swt) in the one single matter does not multiply. Therefore, it is imperative to determine one single rule and adopt it. hence, the Muslim’s adoption of one specific Shari’ah rule is necessary and inevitable when he undertakes the action, for the undertaking of the action obligates the Muslim to accomplish it according to the Shari’ah rule, whether this were a Fardh (obligatory), or Mandub (recommended), or Haram (forbidden), or Makruh (despised), or Mubah (permitted), and this makes it incumbent upon the Muslims to adopt a specific Shari’ah rule when taking the rules to act upon them, whether he were a Mujtahid or a Muqallid or otherwise.
Where adoption is a must to settle the difference of opinion
The Khalifah adopts a host of specific Shari’ah rules, which he will enact as a constitution and as laws. If he adopts a Shari’ah rule, this rule alone becomes the Shari’ah rule that must be acted upon and it becomes a binding law that every citizen must obey openly and privately.
The evidence of this article is derived from the Ijma’a (General Consensus) of the Sahaba. The Ijma’a of the Sahaba has been established in stipulating that the Khalifah reserves the right to adopt specific Shari’ah rules. It has also been established that it is obligatory to act upon the rules adopted by the Khalifah. A Muslim is forbidden from acting upon other than what the Khalifah has adopted in terms of Shari’ah rules even if these rules were Shari’ah rules adopted by a Mujtahid. This is so because the rule of Allah that becomes duly binding upon all the Muslims is that which the Khalifah adopts. The rightly guided Khulafa’ proceeded in this manner. They adopted a host of specific rules and ordered their implementation; thus, the Muslims, with the Sahaba amongst them, used to act upon these rules and abandon their own Ijtihad. For instance, Abu Bakr ® adopted in the matter of divorce a rule stipulating that the triple divorce would be considered as one divorce if it were pronounced in one go. He also adopted in the matter of distributing the wealth upon the Muslims a rule stipulating that wealth should be distributed equally amongst the Muslims, regardless of seniority in Islam or anything else. The Muslims followed him in this while the judges and the Walis implemented the rules which he had adopted.
Examples of Ijma as-Sohaba (RA)
When Omar ® took office, he adopted in the same two matters different opinions to those of Abu Bakr’s; thus he imposed the rule stipulating that the triple divorce in one sitting is considered as three. He also distributed the wealth among the Muslims according to their seniority in Islam and according to their needs, rather than equally. The Muslims duly followed him in this while the judges and the Walis implemented the rules he had adopted. Then Omar ® adopted a rule stipulating that the land conquered in war is a spoil for Bayt-al-Maal, (the State’s treasury) not for the fighters, and that the land should remain with its owners and should not be divided among the fighters nor among the Muslims. The Walis and the judges duly complied and implemented the rule which the Khalifah had adopted.
Therefore, the rightly guided Khulafa’ proceeded in this way, adopting and ordering people to abandon their Ijtihad and the rules which they had acted upon and adhere to that the which the Khalifah had adopted. The Ijma’a of the Sahaba was established on two matters; these are the adoption and the obligation of acting upon that which the Khalifah adopts. Based on this Ijma’a of the Sahaba, the celebrated Shari’ah principles were obtained.
These are:
1- The Sultan reserves the right to effect as many judgements as the problems which arise.
2- The order of the Imam settles disagreement.
3- The order of the Imam is binding.In essence, the adoption is necessary when a difference of opinion in the one matter occurs. Hence, in order to act upon the Shari’ah rule in this matter, it is imperative to adopt a specific rule in this matter.
Practicalities of adoption
As for the Khalifah, it is imperative for him to adopt a host of specific rules according to which he assumes managing people’s affairs. Hence, it is necessary for him to adopt certain rules pertaining what is of general nature to all the Muslims, in terms of government and authority matters, such as Zakat, levies, Kharaj (land tax) and foreign relations, and also, in terms of all that is related to the unity of the State and the rule.
However, his adoption of the rules is subject to scrutiny. If the Khalifah could not undertake an action, whose undertaking necessitates managing people’s affairs according to the Islamic Shari’ah rules, unless he adopted a specific rule in that matter, in this case the adoption would be obligatory upon the Khalifah.
This would be in concordance with the Shari’ah principle stipulating that: “Whatever is necessary to accomplish a duty is in itself a duty.”, such the signing of treaties for instance. However, if the Khalifah could manage people’s affairs in a specific matter according to the Islamic Shari’ah rules without having to resort to the adoption of a specific rule in this matter, in this case the adoption would be permitted for him rather than an obligation, such as “Nisab Al-Shahada” (the minimum number of witnesses in a testimony) for instance. In this case, it is permitted for him to adopt or not to adopt, for in essence, the adoption is permitted and not obligatory; this is so because the Sahaba ® have unanimously consented that the Imam can adopt and they have not consented that the Imam must adopt. Therefore, the adoption itself is Mubah, and it does not become obligatory unless the obligatory management of people’s affairs cannot be accomplished except through adoption; then it becomes obligatory so that the duty could be accomplished.
The Khalifah does not adopt any specific Shari’ah rule in matters related to rituals except in Zakat and Jihad, nor does he adopt any thought from among the thoughts related to the Islamic Aqeedah.
Evidence of this article is derived from the fact that the adoption is in itself Mubah for the Khalifah and not obligatory upon him. Just as he is entitled to adopt certain rules, he is also entitled to refrain from adopting certain rules. It is not matter which he imposes upon people, because it is not them who adopt, it is rather a matter that concerns him only; thus he is entitled to either adopt or to abstain from adopting. He is entitled to act according to what he deems fit. It emerged from the events of Al-Ma’mun, pertaining the Fitna (strife) of the creation of the Qur’an, that adoption in the thoughts related to Aqeedah matters has caused problems to the Khalifah and Fitna amongst the Muslims. It also emerged from the Fatimide’s adoption of Imam Ja’afar’s school of thought that this caused discontent amongst the followers of other schools of thought and a resentment towards this type of adoption, especially in the opinions related to Aqeedah matters and the opinions related to rituals. Therefore, the Khalifah deems it fit to abstain from adopting in matters related to Aqeedah and in rules related to rituals in order to avoid problems and in order to observe the consent and the tranquillity of the Muslims. Hence, the Khalifah chooses not to adopt in these two matters and Shari’ah has not made it an obligation upon him to adopt; thus he may choose not to adopt. Abstaining from adopting in matters of Aqeedah and in rituals does not mean that it is forbidden for the Khalifah to adopt in them, it rather means that the Khalifah chooses not adopt, for he can either adopt or abstain from adopting. Thus he may choose not to adopt. That is why the article stated that the Khalifah does not adopt rather than stating that the Khalifah is forbidden from adopting, which indicates that he may choose not to adopt.
As for choosing to abstain from adopting in Aqeedah matters and in rituals, this is based upon two issues: The hardship caused by coercing people to follow a specific opinion related to Aqeedah matters and the fact that what prompts the Khalifah to adopt is in fact the management of the Muslims’ affairs by one single opinion and the preserving of the unity of the State and the unity of the rule. Hence, he adopts in matters related to relationships between individuals and related to public matters and he does not adopt in matters related to relationship of man with his God.
Adoption by the Hizb
The Shar’a does not require the mere presence of a group. Rathe hat the Shar’a requires is the establishment of a group whose purpose is to establish this order. The evidences for the existence of the group clarify this for us.
In His SWT saying; “And let there arise out of you a group inviting to all that is good (Islam), enjoining the ma’roof (good) and forbidding the munkar (evil). And it is they who are successful.” [TMQ 3:104]. The Shar’a has obliged the establishment of a political group whose ideology is Islam and that carries the thoughts and Shar’ee rules necessary for the achievement of the aims the group was established for, which are the dominance, establishment and accession to power [of Islam]. The order is not to have a group for its own sake. It is rather to realise what was commanded, which is the da’wah and enjoining the ma’roof and forbidding the munkar. Also, it is not the da’wah and enjoining the good and forbidding the evil for their own sake. Rather the order is to realise the objective for which the da’wah and enjoining the ma’roof and forbidding the munkar exist; dominance, consolidation and accession to power.
The Messenger SAW said; “It is not allowed for three people to be on any part of the earth without appointing one of them as ameer (leader).” [Narrated by Ahmad b. Hanbal]. The Shar’a indicated that for any joint action that the Muslims have been ordered to perform they must have an ameer. The obedience to him will be obligatory in the matter he has been made ameer for, and for the people over whom he has been made ameer. The group must comply with the order of the ameer, so that the results of this collective work are achieved according to the Shar’a. – Since Allah SWT has enjoined upon the Muslims many obligations that are entrusted to the Khaleefah only, then it has become imperative to appoint a Khaleefah in order to realise these obligations. Since the appointment of a Khaleefah and the establishment of the Khilafah cannot be achieved except by a group, then the presence of a group whose aim is to establish the Khaleefah and the Khilafah becomes inevitable. This is based on the principle: ‘That which is necessary to establish a wajib is itself a waajib.’
So it becomes clear that the presence of a group is inextricably linked to the presence of the required Shar’ee objective. Thus, it is not a group that merely undertakes the da’wah to Islam. It is not a group that conveys the message just for the sake of conveying. Rather it is a group established for the purpose of establishing Islam in the life of the Muslims, through the establishment of the Islamic State, which is considered the Shar’ee method of applying all the rules of Islam, both individual and collective. Hence a group must exist whose purpose is to realise the aim for which it has been established.
Until the group can be considered to have fulfilled all that is required of it, it must do the following things.
It must adopt all the thoughts, Shar’ee rules and opinions that are necessary for its work, and it should adhere to them in word, deed and thought. This is because the aim of adoption is to protect the unity of the party. If the group is established and its members have different thoughts and diverse Ijtihaadaat the group will be afflicted with splits and fragmentation, even though they may be united on the aim and on Islam as well. It is allowed for the Ameer to change the means and styles according to the requirements of the work.
Since the group will be dealing with a wide expanse of land and its reach will extend to many States, then the sheer size and volume of the work necessitates the presence of an administrative system through which the party can pursue the da’wah and realize its aims in all spheres of its work. The administration system will organize and regulate the movement of the da’wah. It will follow the culturing of the shabab and prepare the general atmosphere for the idea. It will organize the intellectual and political struggle. The party will appear to the Ummah as a body, which committed itself to realise this task. Hence, there must be an organisational structure, which is devoted to realising the aim as best as possible, so it monitors the achievements of the work and maintains them.
So the party must adopt an administrative system or an organizational structure that will enable it to organise the da’wah successfully, thus leading to the attainment of the aim. The party must adopt an administrative law through which the body and its movement is organised, where the rules regarding the powers of the Ameer, how he runs the party and how he is selected are defined. It explains who will appoint those responsible for the areas and provinces, and what the limits of their powers are. It is the law that will organise the administration concerning every action of the Hizb and specify the mandatory powers of everyone concerned. All of these rules will take the Hukm of the means and styles that are required for executing the Sharee’ah rules related to the work. It is obligatory to adhere to the adopted administrative styles as long as the Ameer considers them necessary, because obedience to the Ameer is waajib.
26 Rabi’ II 1431
2010/04/10
