| We
look into deciding right
from wrong, making the correct islamic
decision and who to turn to in the event a decision
needs to be made? Whether your problem is small
or large, Usul-Ul Fiqh
will allow you to apply Islamic laws correctly
with the added benefit in reciving large rewards
from Allah(swt).
Studies
in Usul ul Fiqh (self study course)
Virtues
of Basic Knowledge
of FIQH & SHARI'AH
"Studies in Usual
Ul Fiqh" by Brother Iyad Hilal
published by Cultural Workshop, PO BOX 1932 Walnut,
CA 91789 phone #909-399-4708
One of the important causes
of Muslims deterioration is the lack of knowledge
of even the simple and basic laws of Islam. Even
those who have read books of collections of Ahaadith
and have studied the Quran extensively are ignorant
of many fundamental Aqaid {canons} of Islam. In
this section our intention is to aquaint our readers
with the basic Islamic Laws because the correctness
of our deeds does depend upon knowledge and understanding
of these laws.
The term FIQH means knowledge of all the Islamic
Laws {Shari'ah}. It also means the Knowledge of
the sources from where the Islamic Laws {Shari'ah}
have been extracted.
The term SHARI'AH means all of the Islamic Laws.
For a practicing Muslim it is also necessary to
understand that there are 4 basic sources that
the Shari'ah is derived. {1} The Holy Quran {2}
Sunnah {3} Ij'ma {consensus} of the Companions
{Sahabah} may Allah be pleased with them all.
{4} Qiyas {Analogical deduction}. These laws are
not just laws limited to areas covering marriage
or divorce; rather, the Islamic laws cover every
action performed by an individual or a society.
The term is also a synonym for Fiqh. This particular
issue shall deal with a disturbing trend among
Muslims in considering the 4 Madhahib { Maaliki,
Hanifi, Shafai, Hambali} as a source of disunity
among Muslims. They are claiming that Taqleed
{following a Mujtahid's Ijtehad without comprehending
the Daleel (evidence)} is not necessary; {by not
following the 4 Madhahib} claims are made, we
shall recapture Muslim Unity. Our duty is to present
to our readers matters & Dalail {evidence}
according to the Shari'ah and leave you to decide
merits & demerits of this new movement. In
order to first understand and follow this very
important issue we need to understand the meaning
of the word "Ijtehad" & "Mujtahed".
Meaning of Ijtihad.
Ijtihad is derived from the root word Jahada.
Linguistically, it means striving or self exertion
in any activity which entails any measure of hardship.
As a juristic term, Ijtihad means exhausting all
of one's efforts in studying a problem thoroughly
and seeking a solution for it from the sources
of the Shariah.
A person who performs Ijtihad is a Mujtahid;
whereas, a person who knows the rules of Shariah
in detail, but is unable to extract rules directly
from their sources, is not a Mujtahid but rather
a Faqih, Mufti, or a Qaadi.
The text of Quran and Sunnah which are Qatai
(conclusive) in meaning provide only one understanding.
Any ljtihad on these types of text will render
only one meaning. The texts related to issues
such as Riba or murder are clear in their
prohibition of these things. No Mujtahid can claim
that Riba or murder is allowed because the text
only offers one meaning.
The issues related to the Aqeedah (belief) are
based on AdiUa Qataiya (decisive evidences) and
there is only one correct understanding for it,
not several. Thus, no Mujtahid can deduce another
Aqeedah (belief) of Islaam. There is only one
correct view in regards to these matters and anyone
who differs from it is a Kafir.
8.1
Qualifications for performing Ijtihad
The Mujtahid must be a Muslim male or female
of sound mind who has attained a high level of
intellectual competence.
Since the text of the Quraan and Sunnah were
revealed in the Arabic language, ljtihad can only
be performed based on the Arabic text. One must
have knowledge of the Arabic language to the extent
that it enables a correct understanding of the
Quran and the Sunnah. A complete command in Arabic
is not a requirement for some kinds of Mujtahideen,
but the Mujtahid must, at least, know the fine
points of the language related to the subject
at hand. He must also be able to comprehend the
sources accurately and deduce the rule from them.
The Mujtahid also needs to be knowledgeable
of the Quran, the Makki and the Madini contents
of the Quraan, the occasion of their revelation
(Asbab al Nuzul) and must have a full grasp of
the legal contents of the Quraan, but not necessarily
of the narratives and parables of the Quran and
its passages relating to the Hereafter. The knowledge
of the Ayat ul Ahkam (verses regarding rules)
includes knowledge of the related commentaries
(Tafsir) with special reference to the Sunnah
and the views of the Sahabah (raa) related to
the subject at hand.
The Mujtahid must possess an adequate knowledge
of the Sunnah, especially the part relating to
his Ijtihad and be familiar with the rulings of
the Sunnah. The Mujtahid must also know the incidents
of abrogation in the Sunnah and the reliability
of the narrators of the Hadith.
He must have knowledge of Usul al Fiqh so that
he will be acquainted with the procedures for
extracting the rulings from the text and the implications.
The Mujtahid should be aware of the different
opinions of different Mujtahideen, if any exists.
It is essential for the Mujtahid to be familiar
with the Daleels of other Mujtahideen, on a particular
issue as well as how the other Mujtahid understood
the Daleel and the issue.
Finally, he must have a comprehensive knowledge
of the issue on which Ijtihad is being performed.
To extract any ruling one has to understand the
subject thoroughly. If the Mujtahid doesn't understand
the issue, he is not allowed to do Ijtihad regardless
of where he lives. To understand the issue, the
Mujtahid can go to experts. For instance, there
might be a issue in genetic engineering. To understand
the process of genetic engineering, the Mujtahid
can go to a expert in this field. Therefore, these
criteria are enough to qualify one to do Ijtihad,
and it is incorrect to say that each issue requires
the Mujtahid to reside in that environment. The
Mujtahid can reside anywhere and do Ijtihad as
long as he is familiar with the issue being dealt
with. If the Mujtahid is not familiar with the
issue, he is not allowed to do Ijtihad, even if
the issue occurs in the same environment that
the Mujtahid is residing in.
(Studies in Usul ul Fiqh, Iyad Hilal Pg. 72 through
74)
So far by the Grace of Allaah ,we have understood
the meaning of Fiqh and Shar'iah. We have also
understood the important word Ijtihad which means
to exert exhaustive efforts in studying problems
and seeking solutions for them from the sources
of Shar'iah. We also learnt that the person who
performs Ijtihad is a Mujtahid, and the great
qualifications required to do Ijtihad. We discussed
that even a common Muslim can act as a Mujtahid
and that it is unnecessary for a common Muslim
to follow any School of Shar'iah whatsoever. We
shall let an extract of the excellent book "Studies
in Usul Ul Fiqh" by Iyad Hilal explain matters
clearly for our esteemed readers of "Virtues
of Islamic Life." {The following is from
chapter 10 Pg. 124}
Do
we need a new School or Madhab?
Some claim that it is mandatory to adhere to
one Imam or one school of Fiqh. This is completely
wrong since we are ordered to follow Islam and
not one specific human being. And the person who
meets the requirements of Ijtihad does not have
to adhere to one specific school of thought. Even
if some one is not a Mujtahid, he does not have
to follow one specific school. Rather each individual
is ordered to follow the Shar'iah which is extracted
or deduced by Mujtahids. Consequently, this point
was emphasized by each of the scholars and Imams.
On the other hand, the claim that we need a new
school of Fiqh due to the current situation of
the Muslim Ummah is unfounded. Since what is really
needed is the application of Islam in a comprehensive
way, and not just to develop another school among
the already existing schools of Fiqh. There are
however, two factors that must be kept in mind.
-
New problems emerging daily, in every
era and every generation, and that
-
The ummah is ordered to follow the divine
rule to
solve any problem.
These two factors require, therefore that every
generation of Muslim Ummah must have at least
one Mujtahid amongst them in order to address
the newly arising problems. In order to deduce
the Hukm Sharii, this Mujtahid does not have to
discuss old problems since they are already addressed.
Therefore, in this regard, the need is for Mujtahids
to meet the requirements of Ijtihad, in order
to address new problems and not necessarily form
a new school of thought.
However, the presence of vast numbers of Mujtahids
among the Ummah to find solutions to newly arising
problems was greatly reduced when the doors of
Ijtihad were closed. This tragic event took place
after the sacking of Baghdad in the Seventh Century
Hijri.
While Mujtahids are essential in every age to
interpret the established laws, it is totally
unnecessary and redundant to even think of starting
a new Madhab: Thus the newly
arising problems were not being solved through
the Shariah.
The closing of the doors of Ijtihad resulted
in the development of various philosophies concerning
the status of the Ummah in its adherence to Islam.
These philosophies can be summarized as follows:
-
Some people started issuing opinions concerning
the new problems, from their own minds, without
any Daleel or specific methodology of conducting
Ijtihad.
-
Others prematurely jumped to answers without
acquiring the necessary prerequisites for
Ijtihad, claiming that Ijtihad should not
be closed and that the current situation provided
everyone with the chance to perform Ijtihad.
-
Others began undermining Ijtihad, claiming
that every issue is debatable and therefore
it is up to the individual to pick and choose
whatever is most convenient.
All of these claims mentioned above are invalid
because they caused Muslims to start taking their
desires, wishes, intellect, or someone else's
intellect as a reference, while we are ordered
to take Islam as the one and only reference.
The doors of Ijtihad should not have been closed
because without Ijtihad new problems would not
be addressed by the Hukm Sharii. Yet, at the same
time the doors of Ijtihad should not be flung
open without any restrictions, controls, or requirements.
There are actually many requirements to be met
in order to meet the qualifications of a Mujtahid,
including sincerity, and justice".
Others began taking advantage of the existence
of the many schools of thought by shopping around
for the most convenient opinion and compiling
strange verdicts of each Mujtahid. These people
went to each Madhab
separating the lawful opinions from the unlawful
things of the Madhab. They took the lawful verdicts,
leaving the unlawful, until ending up with a new
Madhab where everything is lawful and nothing
is unlawful. This action is a major deviation
from Islam.
Others claim that having different Madhab is
wrong and that we need to reunify all of the Madhabs
and come under one single Madhab, completely free
from sectarianism and firmly based on sound scholarship.
This, they claim, would be the prerequisite toward
reunification of the Ummah and then after this,
would we look toward establishing the
Khilafah. The presence of the many Madhaib was
not in itself an objective.The objective is to
understand the rules in
order to execute them. The understanding of the
text leads to different opinions, which leads
to different Madhabs. Due to reasons listed in
section 9.3 (The Reason for Differences of Opinion
Among the Mujtahideen), there exists legitimate
differences amongst Mujtahideen. Trying to eliminate
the possibilities of having more than one understanding
goes against the nature of Islam, and the nature
of human beings, which Allaah created.
Those calling for this single Madhab are in fact
adding a new Madhab to the already existing ones.
This is due to the fact that a person might disagree
with this new Madhab, for valid reasons, and would
finally adhere to his understanding. It should
be understood that sovereignty belongs to the
Islamic legislative sources, which came from the
Wahiy.
If everyone keeps this idea in mind and is ready
to abandon his own opinion in order to adopt an
opinion based on the Daleel, the problems would
be eliminated.
If we study the numerous examples during the
era of the Sahabah (RA) we can find that in the
days of Abu Bakr (RA), there were differences
among the Sahabah (RA) . However, none of them
postponed working for the Khalifah until all opinions
were melted into one single opinion. Actually
they realized that, what was needed more than
anything else,
even more than the immediate burial of the Prophet
(sallallahu alaihee wa salam), was to elect a
Khalifah who would take care of their affairs
by implementing all of Islam, thus establishing
an environment in which the society would be able
to cope with any issue that it is faced with.
Similarly, what is needed presently is this same
authority which establishes and implements Islam.
However, as long as the Ummah is preoccupied with
calls such as working to unite under one new Madhab,
which is a call to keep and prolong the rule of
Taghoot, the Ummah will continue to be disunited,
misdirected, with its problems continuously
multiplying. With no mechanism to solve its problem,
the Ummah will continue to be manipulated by those
who rule over it with the rules of Kufr.
TAQLEED
Taqleed linguistically means to follow others
without thinking. As a juristic term it means
to follow a Mujtahid's Ijtihad without comprehending
the Daleel (evidence). In other words, the Muqallid
(a person who practices Taqleed) may or may not
know the Daleel. In addition, one may not know
the reason for using the Daleel even though they
know the Daleel (evidence).
There are two types of Muqalid:
-
Muttabi'a is the follower
who acquaints himself with the Daleel (evidence)
used by the Mujtahid to arrive at
the Ahkam but he does not have to comprehend
the reason for using the specific Daleel.
-
Ammi is one who follows
a Mujtahid's Ijtihad without asking for a
Daleel.
11.1 Daleel (evidence)
for performing Taqleed:
We have not sent before thee but men whom We
reveal to them. So ask the people of knowledge
if you know
not.' (An-Nahal: 43)
This Ayah was revealed in response to the disbeliever's
argument that Muhammad (sallallahu alaihee wa
salam) was a human, but the meaning is general
in the Arabic language; the meaning is that Allah
orders those who do not know to ask those who
know. Hence, Taqleed only in the Hukm Sharii is
allowed for every Muslim. This understanding is
further
supported in the next paragraph by the incident
narrated by Jabir (RA).
Jabir (RA) has narrated that one man suffered
a wound to his head. Whilst sleeping he had a
wet dream. He asked the companions if he could
make Tayamumm. They said that he had no excuse
for not performing Ghusl. After performing Ghusl
the man died. When the Prophet (sallallahu alaihee
wa salam) was informed of the incident he (sallallahu
alaihee wa salam) said:
"Verily it was enough for him to do Tayamumm,
to place a piece of cloth on his head, which he
should then wipe (Mas'h) and then for him to wash
the rest of his body." He (sallallahu alaihee
wa salam) then said: "They (the companions)
should ask if they do not know." (Abu Dawood,
Maja, Ahmad)
Thus, the Prophet (sallallahu alaihee wa salam)
made it very clear to the companions that they
should ask about the ruling if they are not aware
of it.
11.2 Muslims Must Ask
for Daleel
Having given the Daleel for the permissibility
of practicing Taqleed in Islam, it is crucial
to point out that the follower must, when an issue
confronts him, ask about its Hukm (rule) and Daleel.
Our worship includes the pursuit of knowledge.
As slaves of Allah, we must know Allah's rule
for every action we perform. Narrated by Abdullah
bin Amr: I heard the Prophet (sallallahu alaihee
wa salam) say,
The Prophet (sallallahu alaihee wa salam) said
"Allah does not remove the 'Ilm after it
was given to you, rather the 'Ilm would be removed
with the death of the Ulema. Then some people,
who are ignorant, will start giving their Ra'ee
based on their desires and they are misled and
will lead the Ummah astray." {Bukhari &
Ahmad}
For Muslims to avoid the consequence of this
Hadith, they must ask for a Daleel before performing
Taqleed.
11.3 Taqleed is not practiced
in the Aqeedah {Belief}
It should be clear that the subject of Taqleed
is limited to the Hukm {rule} and does not include
the Aqeedah {Belief}. It is forbidden to make
Taqleed in the creed, i.e. Aqeedah. Allah say's.
"And if they said to them follow what Allah
has revealed, they said but we follow what our
fore fathers left for us. Even if their fathers
understood not, and were not guided." {Al
- Baqarah: 170}
Previously evidence {Daleel} was produced about
Taqleed {following The Shariah} of any one of
the 4 Imaams without comprehending the evidence.
One evidence was from The Holy Quran Surrah "An
Nahal No.43 and the other was from the Saheeh
Hadeeth from the collection of Abu Dawood, Maja
and Ahmad}. Please note that the 4 Madhahib of
Imam Abu Haneefah, Imam Shafa'ee, Imam Maalik,
and Imam Ahmad Bin Hambal {May Allah bless them
all} are all Haq {correct} and the 'Ulama {scholars}
of Ahli Sunnah Waljama'ah all over the world for
the past 1,200 years are in total agreement with
this. It is Inshaallah Ta'la perfectly legitimate
for an ordinary Muslim, any were in the world
to follow The Shariah of any one of these great
Imams and hewill be on his way to Paradise. Please
also make a note our beloved readers, that following
any one of the 4 great Imams does not mean we
are not obeying Allah Ta'la or not following The
Beloved of Allah Hadrat Muhammad (sallallahu alaihee
wa salam). We follow the Shariah of the 4 Imams,
which was derived and extracted from the Quran
and Sunnah, at great pains and life time devotion
by these gifted Imams; which means the Shariah
teaches and shows us exactly how to obey Allah
Almighty and obey and follow His Beloved, Muhammad
(sallallahu alaihee wa salam). Of course scholars
can willingly look for dalaail {evidence} as much
as they want to and they will find plenty of Dalaail,
in the detailed works of all the above Imams;
actually it was their main purpose in life to
compile a formidable collection of Dalaail for
every conclusion they arrived at.
Source:
written by Daar-Ul-Ehsaan USA
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