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Al-USUL FIL-ISLAM
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This paper (which I, MSD, revise to simplify its discussion) provides an introduction to USUL Al-FIQH in concise yet comprehensive way that would Insha Allah enlighten readers:
(a) About the sources that are the basis to get the commands of Allah; these are the Quran & the Sunnah (each of these both, an independent source to these commands in its own respective manner) and IJMA’ (that is the secondary but an important source to these Commands);
(b) About another secondary source for these Commands besides IJMA, that is named IJTEHAD which includes some detail for QIYAS and also some detail for the six so-called additional secondary sources besides IJMA and IJTEHAD;
(c) About the Key-Statements that are related to FIQH in actual yet they enjoy high value even at USUL;
Note that “FIQH” in general means the awareness of Islamic commands that the learned Muslims have due to their study of the Quran and the Sunnah so that they attain the pleasure of Allah; they put Islamic commands into practice due to that awareness; Al-Hamdu Lillah. As for USUL AL-FIQH, it actually tells the “manner” to get Islamic commands (that are the commands of Allah); both USUL and FIQH present significant aspects to practice Islam. So, FIQH relates to the good Muslims, relates to the Islamic commands that have their basis on the Quran & the Sunnah and relates to the practice of Islamic commands by good Muslims to attain the pleasure of Allah; the notable thing is that both USUL and FIQH focus on commands. The relation of USUL to FIQH is as grammar of some language relates to it and though sometimes the term “USUL Al-FIQH” is used loosely even by ULAMA to mean both USUL and FIQH together yet the main difference to note between USUL Al-FIQH and FIQH is that USUL is the study of good Muslims OF the basis of the Islamic commands with principled methodology to get Islamic commands whereas FIQH is the study of good Muslims by which they learn all established Islamic commands and put them into their practice at all aspects of life with the good intention to attain the pleasure of Allah; Al-Hamdu Lillah. Please note that to understand the discussion at this paper, the reader might need to read it more than once as there are terms related to FIQH which I, MSD, have explained at some other place than where I used them first. For this paper, I, MSD, have taken assistance from some very good works (eight booklets in total related directly to the subject) that have been presented by the prominent ULAMA at the sub-continent on the subject in Urdu. These booklets include “FIQH-ISLAMI KA TARIKHI PAS-MANZAR” and “IJTEHAD PAR TEHQIQI NAZAR”, both by MAULANA MUHAMMAD TAQI AMINI where he has not only discussed IJTEHAD but has also debated USUL explicitly. May Allah give BARAKAH in all good works of all such writers who have worked-on and are working-on to make things better by Islam in these difficult times for Muslims; Al-Hamdu Lillah.
Muhammad Saleem Dada
www.saleemdada.weebly.com
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THE Holy Book QURAN
1-The Holy Book Quran gives all teachings of Islam in it for which the Sunnah provides the righteous manner to practice; Al-Hamdu Lillah. So the sources to get the Islamic commands that are the commands of Allah, the only true Authority, is the Holy Book Quran (that is complete Islam in text as AAYAT-38 in Surah AN’AAM tells us “We have neglected nothing in the Book”; see also Surah NAHAL-89) and the SUNNAH of the last Prophet Muhammad PBUH (that is complete Islam in practice because the Holy Book Quran has commanded to act upon his directions in all issues of life practically). In other words, each of these both is ASL (actual) source to Islamic commands in its own way and they both complement each other as the KITAB (the Holy Book Quran) provides Islam completely in text and the other (i.e. the established SUNNAH) provides Islam completely in practice thus they present Islam, the right path towards Allah, totally in both the necessary aspects for all of mankind and for all of jinn. The Holy Book Quran consists of the revelation which Allah sent to the Prophet Muhammad PBUH by the angel Gabriel-AS, in the very words of Allah. The meanings of its MUHKAM AAYAAT (the clearest of verses) are the same as the text implies by Arabic. This awareness is at the level of TAZAKKUR and the practicing Muslim person who is among MUJTAHID, aware of Arabic to height, can apply such IJTEHAD here which gets him the high awareness of them, which is termed as TAUZIHI; we all would insha-Allah study these terms ahead at this paper. So every such practicing Muslim person aware of the basics of Islam and of Arabic by which he understands the Quran without any translation, does have the potential to TAZAKKUR and as such to TAUZIHI, yet with that he would have to commit himself totally to the Islamic study as that only would lead him to this most initial level of IJTEHAD. But where he needs depth of thought in the understanding of the text & meaning of the Quran, then he would have to come at the level of TADABBUR; the practice of IJTEHAD at this stage, asks much high caliber. This means that he is such practicing Muslim person who is totally committed to Islam, who is among MUJTAHID well-versed in Islamic Teachings with high awareness of Arabic and of TAFSIR of whole of KITAB according to the Sunnah of the Prophet PBUH, who is most aware of Sunnah itself with fair understanding of IJMA’ too; this IJTEHAD is termed as ISTINBATI. The Quran asks to practice the MUHKAM AAYAAT (and the USUL Al-FIQH is concerned with these AAYAAT only to see the commands of Allah) while authentic AHADITH are also ASL source to these Islamic commands. ULAMA ask not to put efforts on any level to understand the meanings of verses that are MUTASHABEH (allegorical) in the Holy Book Quran as these are AAYAAT that have words for which the meanings are beyond the reach of the human mind; the Muslims would believe them with the statement that “Allah only knows their true meanings”; they are not related to Islamic commands, the subject-matter of USUL Al-FIQH; Al-Hamdu Lillah.
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The SUNNAH of the Prophet PBUH
2-SUNNAH is the term used for the Prophet’s sayings, deeds, silence and his total attitude towards matters of life that authentic Ahadith have presented as they are the narrations of Sunnah, but these both terms “Sunnah” and “Ahadith”, are often used interchangeably. There are ways to understand the strength of Ahadith and they are designated as MUTAWATIR, MASHUR or AHAD by consideration to their respective narrators. AAYAT-80 of Surah NISAA tells us that “he who obeys the Messenger, has obeyed Allah”; see also Surah HASHR-7; Al-Hamdu Lillah. Due to the affinity of FIQH (that relates to the practice of Islam), towards Sunnah, it most highly inclines to it and this inclination is most obvious at the FIQH of all four prominent guides in FIQH (that are MALIK, AHMED ibn HANBAL, SHAFA’I and ABU-HANIFA - may Allah show mercy to them all); any adverse activity that falls against the Sunnah of the Prophet PBUH challenging it clearly is termed as BID'AH; also any continuous activity in practice that results in addition to the guidance of the Sunnah in some matter, is also BID’AH. The Holy Book Quran and the Sunnah of the Prophet PBUH are obvious to Muslims in general, yet IJMA’ does need some clarification to understand it better and our study would now take it here; Al-Hamdu Lillah.
IJMA’ (the Collective Islamic Ruling)
3-The term IJMA’ means “the consensus of compatible MUJTAHID persons on the ruling for some issue open to debate by Islamic teachings in an era after the last Prophet Muhammad PBUH keeping strictly to the KITAB (the Holy Book Quran) & the established SUNNAH, taking the ruling to practice with the notion that ‘most probably’ the pleasure of Allah is here in this ruling; all MUJTAHID would have love for Allah and for His Prophet PBUH inside plus the respect for all Messengers of Allah”; Al-Hamdu Lillah. In simple words, it is “the consensus of compatible MUJTAHID persons after the Prophet’s era on some IJTEHAD about a moot issue that commands practical value for that”, so it is the “Collective Islamic Ruling” on a debatable issue at consideration; Al-Hamdu Lillah. The issues that IJMA’ clarifies are at different levels of acceptance according to the strength of IJMA’ upon them; the highest status relates to IJMA’ of SAHABA that the good Muslims highly care to accept. Other IJMA’ that are mentionable, are the IJMA’ of the four prominent IMAMS of FIQH on an issue and then any other IJMA’ that had taken place after them before this current time where modern gadgets have affected our lifestyle highly, both lesser in status than IJMA’ of SAHABA. We would exclude from IJMA’ such agreed rulings of the four IMAMS about an issue that substantial number of ULAMA have challenged, like the issue of three pronouncement of divorce in one sitting or like the issue related to the total RAK’AH being twenty at-least in the night prayers (TARAVIH) in RAMADHAN though UMAR-RA upheld both of these rulings. With notable challenge to these two, it is better to say that SAHABA-RA did not make an IJMA’ on both in the strict sense of the term. We would state that those IJMA’ that are besides the IJMA’ of SAHABA i.e. of four IMAMS and that which occurred after them before the commencement of the modern era a century back, are not necessary to take into practice in general and this statement does care for the KITAB and the SUNNAH. It is erroneous to blame any practicing Muslim who does have the awareness of Islamic commands, if he does not care for such IJMA’ at his practice without any disrespect to it and takes-up some other IJTEHADI guidance from some compatible MUJTAHID person for the needed issue; that guidance even would do the job well insha-Allah. Note that if substantial number of MUJTAHID provide any IJTEHAD even now and even if those MUJTAHID persons relate to some specific geographical area but with representation of all important schools of FIQH among Muslims, their collective IJTEHAD is like weaker IJMA’ by status which is most acceptable practically when and where there is the high need for the Islamic ruling at a debatable issue at hand. Note also that IJMA’ clarifies the status of the Islamic commands that any of the actual sources (the KITAB and the SUNNAH) provide and guides to the practical side of matters by deep observation of them, without providing any of these commands in actual by its own; even IJTEHAD does not provide any of Islamic commands in actual by its own. IJMA’ is the third source to Islamic commands but fully dependent on the KITAB or/and on the SUNNAH without fail. AAYAT-59 of Surah-NISAA reads “O you who believe! obey Allah and obey the Prophet PBUH and those in authority from among you; then if you quarrel about anything, refer it to Allah and the Prophet PBUH, if you believe in Allah and the last day; this is much better and very good in the end”. This AAYAT does point out to IJMA’ at some status and even the AAYAT-115 of this same Surah i.e. NISAA also indicates IJMA’ as valid to take for the clarification of Islamic commands. Note here that there is no mention of quarrel in the obedience to Allah or to the Prophet PBUH as there is no option for Muslims for that but difference to those in authority among Muslims at a given time & place in some issue, is possible as indicated here though the ruling of those in authority might even have some weak IJMA’ at their ruling; but the MUJTAHID only might differ with certain necessary reservation. Then, if that difference has significance, it does ask that the command on the debatable issue is revised with more study of the Holy Book Quran and of the SUNNAH without fail; Al-Hamdu Lillah. Ahadith also present IJMA’ in different ways and one of them sums up the matter beautifully by words that “indeed, Allah will not gather my UMMAH on the misled path. And the hand of Allah is on JAMA’AH (the whole gathering) and he who breaks from it, he is plunged into the hell-fire” (Tirmidhi). As IJMA’ actually explains the Holy Book Quran and the SUNNAH so it has its basis on some important indication with positive reasoning that any one (or both) of these presents; this also is notable that once some ruling is in effect for some issue by IJMA’ that provides convenience to its practice, it remains binding for Muslims according to the strength by which it takes place in that issue. Many of ULAMA maintain that once the good Islamic administration commits itself to some IJTEHAD on an issue for practice, it does get such weak IJMA’ on it that even the MUJTAHID person who differs to it, needs to take it up in practice; this tells that even some weaker IJMA’ has significant value as it actually is “collective IJEHAD”. Note that except for the Holy Book Quran, the SUNNAH of the Prophet PBUH and stable IJMA’ related firmly to them, nothing is binding to Muslims for practice by Islam. Note that the highly well-versed Muslim person in Islam who is at the status of MUJTAHID even, would not challenge the IJMA’ of the first status that is the IJMA’ of SAHABA. Today, IJMA’ on the ruling of any issue would have the fourth status only that would remain weaker than all previous IJMA’; it would take place with the consensus of substantial number of prominent ULAMA of different FIQHI schools, upon IJTEHAD that comes at front of them in the moot issue at study, even if they all relate to a single Muslim country. That ruling is most significant if the necessity for clarification of the moot issue is urgent so that all good Muslims take-up the good Islamic attitude in that issue together, in much good time; Al-Hamdu Lillah. “IJMA’” is not like the count of votes in democracy of these current times as it actually has its basis on the highest of wisdom that all MUJTAHID receive from the KITAB and the SUNNAH who are most aware how to consider the matter according to Islamic teachings and who have their total attention towards Allah only; it certainly is not an independent source to Islam so mainly, the quality matters here though the quantity of MUJTAHID also counts; Al-Hamdu Lillah. Insha-Allah, we Muslims would practice the Islamic perspective about democracy too in elections, taking care that Islam tells us that Allah only is the true Lord to obey and taking care that Islam asks us to live at the world truly for AKHIRAT, competing each other only for AKHIRAT and not in matters that are most related to the world; Al-Hamdu Lillah. For the better study of IJMA’, we need to study the conditions that have validated IJMA’ before and that might validate it today, at-least at the fourth status where it would be weaker yet most feasible to practice; Al-Hamdu Lillah. Note that IJMA’ takes place on some IJTEHAD, and with that, it becomes binding for Muslims according to the status of that IJMA; note also that with their difference, both IJMA’ and IJTEHAD (QIYAS included), are totally dependant on the KITAB or/and the SUNNAH. The difference between IJMA’ and IJTEHAD is that the latter is an individual endeavor rather than collective effort and that is why it is binding in the individual manner while IJMA’ has an acceptance in the collective manner according to its good status; both IJMA’ and IJTEHAD do have their respective conditions for the compatible MUJTAHID that apply them to get the Islamic ruling fast. The most important conditions for the feasibility of IJMA’ include that (a)-it takes place on an issue by substantial number of compatible MUJTAHID of the time, who work to take some IJTEHAD available for it; (b)-it takes place on an issue that is open to debate as its ruling is not obvious by the KITAB or/and the SUNNAH yet MUJTAHID, all of them, would see that it has its basis on some indication provided by any of these; (c)-it takes place on an issue AFTER the times of the Prophet PBUH (d)-it takes place on an issue by the agreement of substantial number of MUJTAHID to an Islamic command (not any other), who all are practicing Muslims and enjoy the respect of all practicing Muslims in general; note that ULAMA generally divide IJMA’ as “by word” and “by silence” as those MUJTAHID who have not witnessed the gathering for IJMA’ on some debatable issue, are mentioned as having “Positive Silence” to its ruling by IJMA’ when they take it up in practice; though weak as IJMA’, it is strong as IJTEHAD where it becomes collective, having high significance; (e) it takes place on an issue where all MUJTAHID understand the pros & cons of that in general and they also have awareness of the consequence that the practice of their approved ruling might cause; (f)-it takes place on an issue by the agreement of such substantial number of compatible MUJTAHID, even if they all relate to a single Muslim country at these present times but represent different schools of thought among Muslims in FIQHI matters, about whom all practicing Muslims agree that they would never approve anything that is against Islam; and they agree that they have their attention towards Allah only whereas their practice is strictly related to the KITAB and to the SUNNAH; Al-Hamdu Lillah.
IJTEHAD (The Individual Islamic Ruling)
4a-The term IJTEHAD means “the high intellectual contention of some MUJTAHID on some issue open to debate by the Islamic teachings, to the utmost level of his capability pondering on the KITAB (the Holy Book Quran) & the established SUNNAH of the Prophet PBUH to get the ruling and achieving it by that wonderful effort for the issue in consideration for which he has the good notion that ‘most probably’, the practice of this ruling in this issue relates to getting the pleasure of Allah; he would have extreme love for Allah and for His last Prophet Muhammad PBUH inside his heart”; so it is the “Individual Islamic Ruling” on a debatable issue at consideration; Al-Hamdu Lillah. The Holy Book Quran points-out, “So ask of those who possess the message if you realize it not” (Surah Al-ANBIA-07; see also Surah NAHAL-43, 44). If someone highly aware of the Islamic teachings among Muslims, makes an IJTEHAD on some debatable issue but he is unable to reason for his IJTEHAD positively by the KITAB and the SUNNAH, he needs to refrain strictly from committing to IJTEHAD for certain; Al-Hamdu Lillah. Note that the field of work for IJTEHAD is clarification of Islamic commands whereas the term TAQLID which also relates to FIQH, generally means to follow IJTEHAD of four notable IMAMS; these both “IJTEHAD” and “TAQLID” do not relate to basic matters of the Islamic belief as there is definitely an option available at IJTEHADI matters to differ while in basic matters of belief, there certainly is no option to differ; Al-Hamdu Lillah. Those who make IJTEHAD or follow it by TAQLID, they do it with the notion that “Most Probably” the pleasure of Allah is at the practice of these good rulings in their specific moot issues; Al-Hamdu Lillah. In Ahadith, we find that the Prophet PBUH appreciated MUAZ-Ibn-JABL-RA when he told the Prophet PBUH that he would decide by his own good judgment if he does not find the command for something plainly in the Holy Book Quran and the SUNNAH, keeping strictly to the requirement of these both only; Al-Hamdu Lillah. Note that among the six so-called additional secondary sources for the formulation of the Islamic law (I, MSD, would name them in the point ahead insha-Allah), there are some indeed that are creditable to consider as worthy in the process of IJTEHAD without taking them as sources to Islamic commands, the commands of Allah, by any name; the term ADILLAH that is sometimes used for them that means “proofs” is also highly vague for them especially in these current times. However, in the IJTEHADI process, four of them do have good value at times on different issues as accepted by many of learned ULAMA in the subject of USUL Al-FIQH. But MUJTAHID needs to disregard the other two of them (that are ISTEHSAN and ISTESLAH) at IJTEHADI process, as their total omission in this important process certainly is much better at these current times. Even the other four are only notable statements at best to consider when and where necessary in IJTEHADI process with the option remaining available to decline the asking of any of these where it seems necessary, with reflection to the KITAB and the SUNNAH. As noted, IJTEHAD relates to IJMA’ which is placed on some worthy IJTEHAD at the debatable issue in focus. However, with all said, please keep this in view that all that is Islamic, is totally connected to the KITAB (and for its practical application, the SUNNAH) as that is the only true source by which we get the commands of Allah, the true Lord. Even IJMA’ (especially the IJMA’ of SAHABA-RA), is acceptable in general only due to its high significance in providing the necessary detail to accomplish the Islamic commands that the KITAB and the SUNNAH provide; as such, it assists only in the implementation of the KITAB and the SUNNAH; Al-Hamdu Lillah.
4b-Note that the so-called additional secondary sources to Islamic commands are ISTEHSAN (taking up such ruling on a moot issue that might provide ease in its practice to Muslims which seemingly do not pose any challenge to Islamic teachings, leaving another of its ruling based on QIYAS, sometimes even better, because its practice might pose some hardship in the given situation), ISTESLAH (taking up such ruling on a moot issue that makes the practice to it convenient for Muslims, which seemingly do not pose any challenge to Islamic teachings), ISTESHAB (to retain the ruling on a moot issue that already applies for it, when some doubt takes place on that issue for some reason), ‘URF (recognition among good practicing Muslims about something as acceptable which does not challenge Islamic teachings), SADD-e-ZARAI’ (stopping of means to wrongs, specially the shameful attitude) and the last is the ruling of any of the prominent SAHABA-RA, the companions of the Prophet PBUH, for any moot issue. Note that the human mind is not source to Islamic commands, but it is totally bound to the KITAB and the SUNNAH to see those Islamic commands; the conditions for IJMA’ and for IJTEHAD do clarify this statement; Al-Hamdu Lillah. I, MSD, would remark here in clear terms that the first two mentioned here, i.e. ISTEHSAN and ISTESLAH, actually have no worth in the IJTEHADI process and as such in USUL Al-FIQH, in these most trying times. ISTESLAH among the two, was worthy of high attention at some point in the times gone-by when the Muslims generally adhered fast to the principles of Islam in practice but at these times, it is most obvious that it results in escape from the Islamic teachings. But the other four; that are ISTESHAB, ‘URF, SADD-e-ZARAI’ and the ruling in some issue provided by any of the prominent SAHABA-RA; do have importance in the process of IJTEHAD as they do relate to the guidance of the KITAB and the SUNNAH. Note the difference between the two formerly mentioned and the four mentioned after them that these last four do not relate actually to making of the ruling as they ask for “judgment” only upon moot issues at hand for which the MUJTAHID only puts these points available with other necessary consideration, to get the ruling positively while the two formerly mentioned are taken-up only by the remark that “nothing negative” to the KITAB and the SUNNAH takes place; the person does not ask any ruling positively here by the KITAB and the SUNNAH but he “makes” the ruling on the basis of the human mind that, with all its appreciable talent, is most liable to err. The main error here is just at the onset of getting the ruling to the moot issue at hand that the person assumes the absence of guidance in some positive manner for the issue at hand by the KITAB and the SUNNAH; this stance certainly is highly erroneous. Whereas these two, ISTEHSAN and ISTISLAH, have no righteous base according to Islamic teachings, the last four that are mentioned here are provable as worthy to consider at IJTEHAD, by the good study of both the actual sources to Islamic commands; but they still remain relevant points only in consideration for the IJTEHADI process and not sources in themselves for sure. The reasoning for the former two among the so-called additional secondary sources to Islamic commands, is taken from Ahadith that relate to elimination of harm among Muslims yet the fact of the matter is this that Ahadith mentioned as relevant to take them up, do not address ISTEHSAN at all and as such, do not validate it at all while ISTESLAH, that also is not based positively to but based on neutrality to the KITAB and the SUNNAH, has to be omitted at these present times as it needs pious practicing Muslims at authority committed totally to Islam only which we lack at these present times so much. When we all understand these Ahadith in their right context, we would see well that they indicate the care for AKHIRAT only without addressing ISTEHSAN and even ISTESLAH as taken without reservation; I, MSD, would discuss this insha-Allah at the section about the Key-Statements. The omission of these two at the IJTEHADI process is certainly better rather necessary, in the environment as of now and it is fair to state that ISTEHSAN never was lawful to take into consideration in USUL Al-FIQH as Respectable SHAFA’I very rightly clarified about it at its very onset but with time, as the Muslims slacked in putting Islam to practice, many of them took ISTEHSAN as an excuse only that made some unworthy grounds in it. Those who advocate for it at these current times indicating that with time it went on becoming acceptable, must understand that it made grounds only due to the slack of Muslims in practice of Islam in the collective manner; it was not because it commanded any value in IJTEHAD while there remained always some very good challenge to it. As even at the ancient times, ISTEHSAN came under criticism so there is not much to tell about it as the previous reasoning against it does well; the only additional remark to that previous argument is that it was not as dangerous to apply as now in these current times since a century or so. The ruling for the transplantation of organs that are not built-up by the body again (especially kidneys) is based on ISTEHSAN whereas the KITAB clearly states, “Allah has cursed the Satan; and he had said: Most certainly I will take of Thy servants an appointed portion- And most certainly I will lead them astray and excite in them vain desires, and bid them so that they shall slit the ears of the cattle, and most certainly I will bid them so that THEY SHALL ALTER Allah's creation; and whoever takes the Satan for guardian rather than Allah, he indeed shall suffer a manifest loss. Satan gives them promises and excites vain desires in them- and the Satan does not promise them but to deceive. These are they whose abode is the hell-fire, and they shall not find any refuge from it” (Surah NISAA-118 to 121). It certainly is soothing to learn that many of sincere ULAMA do not appreciate transplantation even at these current times and have taken stance against it as the Islamic teachings explicitly guide. There are other worse atrocities that appear by the name of ISTEHSAN at the surgical field at these current times; may Allah save all Muslims from all atrocities; Al-Hamdu Lillah. As for ISTESLAH, the notable point is that it had some value in previous times remaining under the KITAB and the SUNNAH and so it was accepted by all four notable IMAMS in their own respective ways yet its application too is certainly contrary to Islam in today’s scenario since a century or so. ISTESLAH relates to adopting necessary adjustment required to take the matters of life ahead without challenging any of Islamic teachings yet mostly it has been applied at few issues in such ways in the present times that it has shown adversity to the Islamic teachings in the long-run though in essence, those issues were among the MUBAH certainly. For instance, note that the establishment of few institutions on the basis of ISTESLAH (that relate mostly to Education, Medicine and Law), has led to challenging the Islamic teachings that the KITAB and the SUNNAH provide and as such, it has proved unworthy to take at IJTEHADI process in these current times. This is due to the fact that the collective set-up of the environment has undergone such difference from the previous times since a century or so, that the hold of these institutions at matters have led to flaws at the practice that the Islamic teachings ask for; these flaws were enhanced by many of Muslim persons even, who had developed much insincerity in them towards the teachings of Islam. There is a rule in USUL AL-FIQH that whenever MUBAH (that act upon which no commendation is shown - neither upon its performance nor on its omission) is raised in status by some strict practical adherence to it or is raised in status by giving it some unworthy significance that adversely affects some matter that relates to the Islamic SHA’AER (such significant practice of Islam that manifests the teachings of Islam beautifully), it turns to become BID’AH (i.e. the challenge to the Sunnah of the Prophet PBUH); this also is notable that whenever the man asked for his convenience by his own without true attention towards Allah, he rather got hardship only as he is never so capable as to judge the true benefit of the mankind in the long-run activity. The Muslims in general were caring to Islam in their practice at the times gone-by and the men at authority then, even with their atrocities in practice, had to care for their inclination to Islam even if that arose due to the fear of their retaliation. However, from the previous century, the set-up for governing the people all over the world has transformed to such manner that the application of ISTESLAH could only lead to adversities in these current times; the officials among Muslims care but little to apply Islamic rulings to the environment even in their own individual capacity and the Muslims in general lack the direction to make things better in these current times; may Allah help the sincere Muslims to make things better; Al-Hamdu Lillah. The common Muslim person has to go through much high documentation today even for simple matters of property and of personal identification; we also do have complicated official dealing for matters that relate to simple economic necessities just due to the initial tolerance to these official things that ISTESLAH asked for, though these all, strictly by Islam, are obvious atrocities that put people into high trouble. Further clarity to this might come if the good observant Muslim person, sincere to Islam, sees the institutions around that have little regards if any, to the Islamic command of HEJAB for women and that have little regards if any, to the Islamic command of justice that there shall occur no injustice to any person including even those persons who have committed crimes; they even would not be humiliated; Al-Hamdu Lillah. ISTEHSAN never had any worth in the process of IJTEHAD while ISTESLAH though taken as totally subservient to the KITAB and the SUNNAH by presentation, has certainly led to misjudgment only whenever it was applied, since the last century; the good Muslims who are sincere to Islam, have to eliminate atrocities that these both already have caused at Education, Medicine and Law, by their collective effort remaining most attentive to Allah; Al-Hamdu Lillah. IJTEHAD is such process that totally relates to the KITAB and the SUNNAH, having its conditions for the Subject and the Object, and it is not some vague term in any way. For its assistance, in the kind of IJTEHAD that is termed as ISTINBATI, these four things do have notable status that are ISTESHAB, ‘URF, SADD-e-ZARAI and the ruling by any of the prominent SAHABA at some debatable issue of concern; these things certainly have the capability to provide magnificence to all IJTEHAD; Al-Hamdu Lillah.
4c-Note about the four so-called additional secondary sources to Islamic rulings that they are among the key-statements of FIQH but as they also have significance at such IJTEHAD that is ISTINBATI so they closely relate to USUL too. Besides these four, there are other key-statements too that assist in ISTINBATI and our study would study three of them ahead in this paper insha-Allah. Now, ISTESHAB means to retain the ruling on an issue that is already in application for it when some doubt takes place on that issue for some reason, ‘URF means the recognition among the good practicing Muslims about something as acceptable that does not challenge Islamic commands, SADDE-ZARAI’ means stopping of means to wrongs especially the shameful attitude and the fourth is the ruling that has been given by any of the prominent SAHABA-RA upon an issue as it also has its worth at consideration of some debatable issue which has some connection to it. The MUJTAHID applies ISTESHAB where there is need to lift-off some doubt about the ruling for an issue that is already available; it only confirms the available ruling. The example for this is that if someone has a doubt if his WUDHU has ended or not, the ruling by ISTESHAB would state that it is intact; the Prophet PBUH has said, “When one of you is in the mosque and has doubts that he has passed wind then he must not go out till he has heard a sound or has perceived a smell” (Tirmidhi). The second is ‘URF that means the recognition among good practicing Muslims about something as normal and they care for it in practice as it does not challenge any of Islamic commands. This implies that it is ‘URF-SAHIH (the right recognition) so it does not violate the practice of any of Islamic commands; and it does not find rejection in practice by the righteous practicing Muslims; and it does not present any doubts where applied; and it does not become liable to change just within a short span of time but it is settled as continuous recognition among the Muslims. ‘URF then becomes an important recognition for something at a specific area; MUJTAHID accepts it at face-value when it does not fall against the clear Islamic teachings without any inclination to take it as something necessary to see, in general. ‘URF mostly relates to speech that applies at business transactions and at marital contracts where the meanings, that are assigned to words at specific areas, are obvious by ‘URF and are most significant in presentation of issues there; as such, ‘URF is important in the process of IJTEHAD, mostly in ISTINBATI though it has its importance at TAUZIHI too which relates to seeing of terms in speech. The third is SADDE-ZARAI’ that certainly has much value in the IJTEHADI process as it means to stop the means that have high potential to lead to any major sin. When the Holy Book Quran asks not to commit any shameful act, it says not to go near to it; AAYAT-32 of Surah BANI-ISRAEL reads, “And go not nigh to fornication; surely it is an indecency and an evil way”; see also Surah-AN’AAM-151 which also forbids to draw nigh to indecencies. In Surah AARAAF, AAYAAT 19 to 23 tell us that Allah ordered Adam & Eve (Salaam on both) not to even go near a tree so that they do not ever come near to eating its fruit; due to their mistake that they made about it because of temptation by Satan, their respective hidden parts came into view of each other; there are other AAYAAT too about this and so it is totally clear that SADDE-ZARAI has an important place in the process of IJTEHAD, especially for avoidance of shameful acts. One of the authentic AHADITH narrates that, “The lawful is clearly defined and the unlawful is clearly defined, but between them are matters that are doubtful. Many of the people cannot decide whether they are lawful or unlawful so, he who avoids them to guard his religion and honor, has indeed taken the safe path” (Tirmidhi). The last is the ruling that any of prominent SAHABA-RA has given on some issue so that too is worth considering in IJTEHADI process where some debatable issue needs to see it due to some connection to it; this is due to the fact that IJMA’ of SAHABA has high worth in understanding of Islamic commands and as such, even the IJTEHAD of any one of the prominent persons among them certainly has significance. Many Ahadith have appreciated the prominent SAHABA to show their esteemed status and so MUJTAHID would see the rulings of any of these prominent SAHABA in IJTEHADI process of ISTINBATI for related issues. However, the most important thing for MUJTAHID is that he would remain most committed in his IJTEHAD (that is ISTINBATI), to the KITAB and to the SUNNAH of the Prophet PBUH; Al-Hamdu Lillah.
4d-Note that IJTEHAD is not an independent source to get Islamic commands so it would necessarily have some reasoning by the KITAB or/and the SUNNAH for its authenticity. It has worth for general application only due to its high acceptance among Muslims for practice which would raise its rank to some status of IJMA’ though that even is not an independent source; IJMA’ relates to acceptance of some specific IJTEHAD in a debatable issue. The term “IJTEHAD” literally means to strive to the utmost level taking hardship on the self in some activity. However, in Islam, the striving person must be Muslim who has caliber (i.e. he is MUJTAHID), compatible to judge about some issue and the issue in question must be open to debate, where it does need consideration by Islam. So with this meaning, Islam does indicate some necessary conditions that are related to the Subject (i.e. the MUJTAHID) and the Object (i.e. the debatable issue in study that needs its ruling by Islam) and presently we would study those conditions insha-Allah, for the term IJTEHAD. By the Islamic teachings, the necessary conditions to note about the Subject for IJTEHAD include that (1) he must be learned Muslim person, adult & wise, committed to Islam in practice; (2) he must be totally attentive towards Allah, who puts His commands in practice with total love in heart for Him; he must also have in heart, total love for the last Prophet Muhammad PBUH with high respect, and love for all other Messengers of Allah too with high respect; (3) he must know Arabic to get the meaning of the Quran by reciting it directly and even to get the manner of expression of the Quran; (4) he must be well-versed in Islam and this implies that he must have most appreciable knowledge of the Holy Book Quran & of the established Sunnah (especially of authentic Ahadith that are much related to rulings) plus IJMA’ that have taken place on different matters of importance with some idea about the status of every significant IJMA’; (5) he must apply his ability to utmost height to get the Islamic ruling for some debatable issue by utmost observation of the Holy Book Quran and by utmost reflection on the Sunnah for that debatable issue; he has to support his IJTEHAD by reference preferably from both of them with “positive” reasoning; he must be aware of facts about the moot issue at his observation. As for the Object for IJTEHAD, note that IJTEHAD strictly relates to getting rulings by Islam about issues; even in them, it strictly relates to only those issues that ask immediate judgment at some given time when they are open to debate; in other words, IJTEHAD would seek the Islamic ruling to practice for issue that is open to debate whereas that ruling is not clearly stated in the KITAB or/and the SUNNAH. The second thing here is that it is not taken as the final answer to the issue but that “Most Probably”, this is such ruling in this issue that leads to get the pleasure of Allah; though this implies that it would still remain open to debate by other MUJTAHID of caliber yet the option closes where its ruling has remained in continuous practice among the good Muslims for substantial period of time without causing any problem whereas the basic commands of the KITAB and the SUNNAH never change; Al-Hamdu Lillah. Muslims have the liability to fulfill some significant ruling by IJTEHAD in general practice only when IJMA at some status takes place on it when and where necessary though very high acceptance of some IJTEHAD does have value to bring it to the status of weak IJMA’; this is quite acceptable in the scenario we face today. Where the IJTEHAD does not achieve such value by getting IJMA’, it would remain binding only to its MUJTAHID in practice and to all those who take it up considering that most probably, the pleasure of Allah is in this; Al-Hamdu Lillah. Keeping to this clarification, note that IJTEHAD is the highest of intellectual effort of the competent Muslim person who is at the level of MUJTAHID, who ponders at the KITAB and the SUNNAH and tries hard to get the positive reasoning for the ruling he presents, from both of them, with total attention towards Allah only; he works on such matter that is open to debate by Islam that needs a clear judgment fast in a given situation and when he comes to it, he takes it as most probably, the best ruling for practice at the issue to get the pleasure of Allah, without insistence that it is the only right way to practice here. With this given statement in view, note that IJTEHAD is not any personal opinion so any worthy ruling by it where needed, would become highly valuable as the practicing Muslims take that in their practice in substantial number at these highly trying times; Al-Hamdu Lillah.
4e-Note that IJTEHAD has three kinds by the text-book; TAUZIHI, ISTINBATI and ISTESLAHI. This last one enfolds both ISTEHSAN and MASALEH-MURSALA (i.e. ISTESLAH) in it, which relate to it indirectly and directly respectively; I, MSD, have already remarked that these two have no worth in the process of IJTEHAD now as they would lead to erroneous judgment in today’s scenario where the collective matters have inclination but little towards the KITAB (the Holy Book Quran) and the SUNNAH in practice; so there remain two kinds only of IJTEHAD now, TAUZIHI and ISTINBATI. The manner of observation for the moot issue at discussion by ISTINBATI, includes the four so-called additional secondary sources for Islamic commands and it also includes “QIYAS” that commands very high value in the study of IJTEHAD in the subject of USUL Al-FIQH; but the manner of observation by ISTINBATI does even have more to it than these for certain as it even takes TAUZIHI in this manner because they are not mutually exclusive. It is well insha-Allah for MUJTAHID to apply ISTINBATI at the Holy Book Quran yet that must come at fore minus QIYAS keeping strictly to the SUNNAH of the Prophet PBUH. So, for the purpose of understanding IJTEHAD by simple way, the division by two kinds, TAUZIHI and ISTINBATI, does have validity that rightly indicate TAZAKKUR and TADABBUR at the Holy Book Quran respectively. The interesting thing to note is that ISTINBATI is based on clear positive indications of the KITAB and the SUNNAH while ISTESLAHI is based on the notion that by it nothing challenging to the Islamic teachings comes at fore; this difference does clarify well for certain why ISTINBATI has its worth and why ISTESLAHI does not hold good in the process of IJTEHAD as of now where in the name of unchallenging attitude to the KITAB and the SUNNAH, there has occurred much of misjudgment at issues as the past century has proven. As ISTINBATI is not limited to QIYAS, it is not improper to say in today’s scenario, that all worthy acceptable IJTEHAD (including TAUZIHI) is ISTINBATI for certain. TAUZIHI would apply even without taking of ISTINBATI as it goes up-to certain level, yet ISTINBATI takes everything related to Islam to come to its ruling on a debatable issue with total attention towards Allah only. Note that TAUZIHI relates highly to the understanding of the word at the NASS (i.e. the KITAB and the SUNNAH), especially of the KITAB. This includes the consideration of its meaning in it, the further indication that might relate to its meaning, its usage by speech and even its omission if there is an indication to that in the text; it also takes its placement into account and all other relevant points about it there. At the Sunnah, the word applies significantly only to its common meaning without taking any stress to get it. The application of four terms as the manner to understand Islamic commands especially by the Holy Book Quran, relate to this kind of IJTEHAD; these are “IBARATUN-NASS” (what the words clearly present), “ISHARATUN-NASS” (what the words clearly present though that is not the issue under discussion directly), “DALALATUN-NASS” (what the words denote by extending the impact of the meaning of those words) and “IQTIDHAUN-NASS” (what the complete sentence denotes by acknowledging an unmentioned yet understood word as present there at the appropriate location). Both TAUZIHI and ISTINBATI would necessarily keep the Sunnah in view though ISTINBATI must also care lots to keep in view all other AAYAAT of the Quran that are relevant to the AAYAT it observes. Note that QIYAS also comes under the head of ISTINBATI by designation though it is important to see for MUJTAHID that he applies QIYAS at the SUNNAH only where needed and he applies that to the Quran at TAZAKKUR only with high care; ISTINBATI in itself, relates to TADABBUR and it is not feasible to apply QIYAS to the Quran at TADABBUR; Al-Hamdu Lillah. Now going ahead, we have to study two ways, both of them related to both of these IJTEHAD; those ways are MUTLAQ and MUQAYYAD; Al-Hamdu Lillah. The former means to decide the Islamic ruling on some moot issue that has arisen currently, directly from the KITAB and the SUNNAH while the latter means to make some clarification, often petty in nature, on an issue that had already been decided by MUJTAHID previously; we had got it through them previously too from the KITAB and the SUNNAH only, in the indirect way. Today, we Muslims need to decide the Islamic attitude, getting to the Islamic ruling, in response to the usage of different modern gadgets that have come into the lifestyle, by MUTLAQ keeping strictly to the KITAB and the SUNNAH of the Prophet PBUH certainly. This is because the previous rulings are not much relevant to designate their usage in the current times. Moreover, there is much intermingling of the Muslim persons with the Western people today who have awareness to Islam but little. This intermingling takes place even through the electronic and social media, besides the print media, that does ask too for the Islamic attitude clear and fast. Certainly, this way of IJTEHAD does need utmost good understanding of Islam strictly on the basis of the KITAB and the SUNNAH yet it is quite achievable once the practicing Muslims that are among ULAMA try their best to rise at the status of MUJTAHID by study and more than that, by asking Allah for that status and then they rise practically to the task; Al-Hamdu Lillah. Note that today we Muslims have three types of issues that are related to IJTEHAD in character and among them the issues at the third type need high concentration for sure to keep to Islam practically in the present times. The first are those that we Muslims needed before and that we need now too and their need is till all times ahead, to fulfill the Islamic commands given in the KITAB and the SUNNAH because they provide the guidance in clear terms that is totally necessary to take-up well to practice those Islamic commands; in them are those important rulings too that relate to five pillars of Islam; Al-Hamdu Lillah. The practice of SAHABA or/and the directions of the four prominent IMAMS with others of equal status to those IMAMS at their times have decided these issues well for all times and places according to the KITAB and the SUNNAH for ease in their necessary practice; these are totally settled issues that need total attachment to them in practice; the practicing Muslims do follow them and do not challenge them by any of two ways i.e. MUTLAQ and MUQAYYAD; Al-Hamdu Lillah. The second are those that we Muslims needed before due to the guidance provided specifically in the authentic Ahadith and we do still need them though we have to fulfill their asking in these current times rather than to take them at face; example for this are the rulings relating to the weaponry of old when and where applied for the necessary QITAL that their rulings would apply in these current times to the modern weapons by the compatible way keeping the essence of those rulings intact according to Islam; the ruling for LUQTA (any thing of value lying somewhere at ground with no evident claimant to it) so its ruling would apply in these current times by the good announcement by the finder at some specific program relating to people in general at electronic or social media so that certainly would do well at present times as the main thing here is to announce the LUQTA as much as possible to all according to the Islamic ruling; the rulings by Islam relating to means of conveyance given at those ancient times, as that were mostly related to horses & camels then, would apply onto the modern means of conveyance in these current times by the manner best suited for now, with care to avoid all shameful attitude and to avoid all unjust attitude; the ruling for purity of water at wells that were commonly used in those days (even up-to previous century) but now their usage is limited where the old ruling would apply yet in general, the ruling for purity of water would care for our present system of its provision and it would see that no significant difference to it takes place that is related to change in its color, smell or/and taste as FIQH has explicitly ruled to take this into account according to the ruling for its purity. Other such old rulings too are included here that would manifest fairly in practice when their specific asking does apply in practice as they stand at Ahadith only; there were such Ahadith that presented the ruling for an issue as the Sunnah at the times of the Prophet PBUH but there were SAHABA who did not take it at face and fulfilled their asking only due to some obvious reason as we would see ahead; the Prophet PBUH accepted their stance without any blame to them. Muslims would take high care that nothing averse to the Quran and even to other authentic Ahadith takes place in such practice; this does need collective stance of ULAMA of repute. When there is confusion as to taking an issue at the first type or at the second type, then it must be taken at the first with strict adherence to it for sure; Al-Hamdu Lillah. The practicing Muslims would practice these second type of issues with observation that their practice does not cause any disrespect to Ahadith in any way; they would fulfill the actual asking of rulings on them without degrading the previous rulings as there is a Hadith that validates the taking of asking of the Sunnah where there is some debate at an issue. It tells us that the Prophet PBUH commanded on the day of AHZAAB that “No one of you should pray ASR until you reach BANU-QURAYZAH. While they were on their way, the time of ASR came. Some of SAHABA-RA said we should not pray until we reach BANU-QURAYZAH. Others said we should pray ASR now because the Prophet (PBUH) did not mean for us to leave the ASR prayer (on its time), but he wanted us to follow in haste. So some of SAHABA-RA prayed ASR, while others continued on until they reached BANU-QURAYZAH after sunset. When they went back to the Prophet PBUH, they mentioned to him this all and HE DID NOT BLAME either one of them"; this is reported by Bukhari; Al-Hamdu Lillah. The first type of issues presents no problem to practicing Muslims as these issues are necessary to practice; they are settled from the old times and they are well at manifestation even now having no need of any touch in any way; Al-Hamdu Lillah. For issues at the second type, the ULAMA of repute need to apply IJTEHAD (that is TAUZIHI) by the way of MUQAYYAD as they would recognize them well and they would decide them well, seeing collectively that nothing averse to the KITAB and the SUNNAH takes place; Al-Hamdu Lillah. The problem does appear at the third type of issues that need clarification for practice and that are those which we Muslims are facing today whereas these issues had no presence at the days gone-by; these issues had appeared due to ignorance for limits to usage of the modern gadgets and due to impression of the media that has brought awareness to eastern people of the lifestyle of the west today; as these issues were never encountered before so MUJTAHID offered no interpretation to their application according to Islamic teachings previously. Now, while the issues at the first type do not need any IJTEHAD at all and the issues at the second type relate to such Ahadith that need IJTEHAD that is MUQAYYAD so as to fulfill the asking of the Sunnah, these issues at the third type need IJTEHAD that is MUTLAQ though that even must necessarily have some reasoning in the positive manner by the KITAB or/and the authentic SUNNAH without fail; the notable point here is that it would take something positively from these two primary sources to Islamic commands and it is not enough in this IJTEHAD to see only that nothing averse takes place to these primary sources, as to see debatable issues in this manner is erroneous, especially in these present times where the persons at management of affairs care but little about Islam. We Muslims face huge challenge at the present times as the change in the living style, due to the modern gadgets that have come into common use and due to high interaction that have occurred between the Muslims and other peoples of the world by the media, has affected people much all over the world in this current era; we Muslims need to decide for the necessary Islamic attitude in these issues fast so that even if this change does affect, it does not affect us adversely at the collective level. Never ever before in the history of the mankind has such change in the lifestyle of the man occurred so fast and so big; this is not only due to the Satanic thought that has affected many of men today which takes the man as an animal only, but it also is due to the practical application of that very Satanic thought taking the worldly life as the only thing to care, forgetting Allah and forgetting that we all have to answer to Him at AKHIRAT. But Islam comprises of the commands of Allah, all of which He provided at the golden period of the last Prophet Muhammad PBUH in essence; Al-Hamdu Lillah. Now, as there is no addition or omission to it, I, MSD, would point-out the general attitude to take for modern gadgets in these present times by the KITAB and the SUNNAH at Conclusion in this writing insha-Allah yet the actual work to do in this direction is for the most prominent ULAMA of repute; Al-Hamdu Lillah. ULAMA agree that IJTEHAD is collective obligation (FARDH-KIFAYAH) of all qualified compatible MUJTAHID in the event where an issue arises but no urgency is encountered over its ruling but it is personal obligation (FARDH-AYN) of each of those qualified compatible MUJTAHID in the urgent case; we certainly need the collective IJTEHAD good for general practice fast at these current times; Al-Hamdu Lillah. If the prominent ULAMA do not present Islam in utmost clear terms in today’s scenario collectively then it would not only be against the good status they enjoy but it would also lead Muslims generally to think erroneously that Islam has become inefficient to deal with their current problems; may Allah help us Muslims in these most difficult times so that we steadily believe in Islam; Al-Hamdu Lillah. Here even TAQLID (following any of the four prominent IMAMS) would not do as TAQLID does not give answer to these issues that we face today; here what we need in clear terms, is IJTEHAD that is MUTLAQ. The MUJTAHID would care for TAQLID in the settled issues taking them from the previous rulings that assist in the practice of the KITAB and the SUNNAH for certain yet we do need MUTLAQ for many modern issues at hand. The urgent need for IJTEHAD that is MUQAYYAD in the second type of issues, is still not much difficult to tackle for ULAMA of high repute; Al-Hamdu Lillah; yet the urgency for MUTLAQ does seem to present much problem by the Islamic view today which is highly needed at the issues of the third type; the persons at influential positions who do care truly about Islam with authority in management of affairs of people, would do well here if they keep to Islamic values indeed. This is most notable that though the legislative organ of an Islamic state, when it takes the KITAB and the SUNNAH into practice, has the capability to assist in such MUTLAQ kind of IJTEHAD where the conditions to the subject and the object are present, yet even that organ is unable to abrogate any of basic commands that any of the two primary sources present; this is for the simple reason that Allah only is the absolute Authority to provide the Law and it is His will only that determines good and evil. He has provided the true guidance clearly by the Holy Book Quran in principles and by the Sunnah of the Prophet PBUH for practice of those; so the Muslims would use the authority they have or achieve only to put all commands of Allah into practice and even the consensus (IJMA’) is totally subservient to the KITAB and the SUNNAH; the legislative organ can explain them but never can overrule their explicit injunctions; Al-Hamdu Lillah.
4f-Note that QIYAS, that is essentially a component to the kind of IJTEHAD that is ISTINBATI, is mentioned with high esteem in USUL Al-FIQH. It literally means “to measure something in specific units with some appropriate measuring tool”. In accordance to this, the specific meaning that the USUL takes for it is “to rule for an issue that is yet open to debate and that ruling takes place according to the ruling on a previous issue that is known to be good for practice by Islam; this is because the previous issue is very similar in manifestation to it whereas the MUJTAHID judges that similarity by deep observation of the KITAB and the SUNNAH”. Due to its inclusion in IJTIHAD, the AAYAAT quoted for IJTEHAD are good for its validity too; see also Surah HASHR-2 where the term “FA’TABERU” is direct indication to QIYAS according to TAFSIR of many ULAMA of repute. The four IMAMS agree to QIYAS using it strictly in accordance with the KITAB and the SUNNAH, some putting it to use more than others. According to its definition given, QIYAS comprises of four things; these are ASL for QIYAS (the issue that already has the Islamic ruling), FAR’A (the issue open to debate in focus), the HUKM (the ruling that is needed) and the ILLAT (the specific cause that is similar between the ASL for QIYAS and its FAR’A which asks to ruling them identically). The good example for QIYAS is that as the dealings in the property of a child is made by his WALI (Guardian) so then his marriage is also to be made by his WALI as without that, it would not have validity; here the ruling for the former issue that the WALI manages the affairs of the child, is ASL for QIYAS, the issue of the child’s marriage is FAR’A, the ruling for the former applies to the latter too that is HUKM and ILLAT between them is that both, handling of his property and the issue of his marriage are his significant transactions, so as WALI manages one of them, he has the lawful right to manage the other; these both have the same ILLAT by TAZAKKUR at the Holy Book Quran (see Surah NISAA-6); Al-Hamdu Lillah. Another example is when UMAR-RA asked the Prophet PBUH if someone kisses his wife while fasting and the Prophet PBUH replied in words to the meaning that it is like gargling with water (and as such, does not break the fast). MUJTAHID would take QIYAS at the Sunnah as it is highly applicable there yet he needs to avoid its application to the Holy Book Quran on the level of TADABBUR though his QIYAS there by TAZAKKUR is reasonable; he gets it readily by the words of the Quran when he uses the four terms that relate directly to its understanding insha-Allah. QIYAS, when it assists in TAUZIHI for the Quran, is quite fine insha-Allah to apply by awareness of its text; but it is unfeasible to look for ILLAT by utmost observation of the text in the Holy Book Quran by TADABBUR as human mind is liable to err in getting ILLAT and if an error occurs here, it would cause grave error in judgment of the issue in focus; and surely Allah knows better; Al-Hamdu Lillah. Note here that finding ILLAT for QIYAS is challenging at the Sunnah too where the QIYAS is good mostly. ULAMA do know well that there are some issues where due to guidance of Ahadith, the clear asking of QIYAS has been abandoned; so MUJTAHID would remain very cautious to apply QIYAS to the Holy Book Quran, even when he applies it at the level of TAZAKKUR; Al-Hamdu Lillah. However, this does not imply that MUJTAHID would not take-up the deep observation at the Holy Book Quran as that is most appreciable for him but that must remain without any inclination towards QIYAS; this deep observation is inside the area of ISTINBATI that relates to TADABBUR; Al-Hamdu Lillah. In QIYAS, the meaning of ASL, FAR’A and HUKM are clear but the fourth term i.e. ILLAT does need some detail so our study for USUL Al-FIQH insha-Allah would see that briefly; Al-Hamdu Lillah. Note that ILLAT is not just a simple cause to an Islamic command but it actually is the specific cause that MUJTAHID gets by deep observation of the KITAB and of the SUNNAH that establishes the ruling for the FAR’A due to striking similarity between two issues, one of them decided and the other open to debate. There are three terms that relate to ILLAT and they have been coined due to its importance in QIYAS. The first of these terms is TANQIHE-MANATH (to observe ASL and clean different factors from it to get to the precise ILLAT there); the second is TAKHRIJE-MANATH (To observe ASL and then identify the precise ILLAT there) and the third is TAHQIQE-MANATH (to observe ASL and apply the ruling of it to the FAR’A due to striking similarity of the precise ILLAT in both). MUJTAHID would identify the precise ILLAT in ASL for QIYAS and he would discard all such reasons at that issue any of which, might seem ILLAT there; he would locate the specific ILLAT without any doubt and apply the ruling of ASL to FAR’A in the best possible way to make lawful ease in its practice. All of rulings at FIQH relate to HIKMAT (the Wisdom) so they denote the Islamic guidance in all issues and as such, they ask for necessary practice of Islam steadily; Al-Hamdu Lillah.
THE KEY-STATEMENTS
Besides the four so-called additional secondary sources that are relevant statements to the process of IJTEHAD that is ISTINBATI, there are other very important Key-Statements in FIQH based on the KITAB and the SUNNAH, that also do claim relevance at the IJTEHADI process. Although these Key-Statements are related to FIQH rather than USUL Al-FIQH yet they also assist ISTINBATI and as such, are very like the four so-called additional secondary sources; so they also are closely related to USUL. Note that we have studied two of these five very important Key-Statements, that have been named even as the “Five Normative Maxims” in FIQH, in the four so-called additional secondary sources; Al-Hamdu Lillah. These two are ISTESHAB indicated by words here that “Certainty is not over-ruled by doubt” and ‘URF indicated by words here that “Custom unchallenging to the Islamic Values, is highly significant”; these two are considered among the five important Key-Statements. I, MSD, would insha-Allah present the other three too that assist ISTINBATI (and that the “Five Normative Maxims” include) to make them seven in total; Al-Hamdu Lillah. I, MSD, would take these three in three pairs of statements, as both the parts of each pair of statements are very near to each other practically. Each of these pairs, like all the four Key-Statements mentioned before, is based on the KITAB and the SUNNAH, indicating some specific view that claims very high attention at IJTEHADI process and as such, in the Islamic Teachings; Al-Hamdu Lillah.
“Acts are judged by the intentions behind them”
“No Virtue in the good deed done to show-off”
“Harm must be eliminated but not by another harm”
“Stoppage of harm takes priority over asking of benefit”
“Hardship brings some temporary facility”
“Utmost Necessity makes unlawful as lawful temporarily”
The first pair of statements tells us that the person is not liable to any good return for such deed that is though good in nature by itself, yet he has done it to boost his own self only in the eyes of people; but this also is notable that “all persons are innocent until proven guilty” as ISTESHAB also tells that “certainty is not overruled by doubt” and as such, nobody is blamed unless his wrong intention is most obvious. UMAR-RA has narrated an authentic Hadith to this effect that the Prophet PBUH said, “Deeds are related to the intention behind them. And for a man is what he intends. If a man’s migration is for Allah and His Messenger, then his migration is (recorded) for them; but if his migration is for the world to earn it or for a woman to marry her then his migration is focused on that for which he has migrated” (Tirmidhi). Intentions do value for deeds and if someone has wrong intention not caring about the pleasure of Allah, then even if the work he has done is virtuous, he would not get its benefit at AKHIRAT. However, this also is notable that the Holy Book Quran says, “Repentance with Allah is only for those who do evil in ignorance, then turn attention (to Allah) soon, so these it is to whom Allah deals mercifully, and Allah is ever Knowing, Wise” (Surah NISAA-17); Al-Hamdu Lillah.
The second pair of statements tells us that though all Muslims would see that there remains no harm to Muslims in general yet they would take care that the solution to the problem does not cause another harm in replacement. Please note that “harm” actually means something averse to living of Muslims for AKHIRAT; it does not mean what people other than Muslims take as harm. There is another key-statement that is related to this pair that tells that “if a given situation asks to take one of two wrongs unavoidably, then lesser wrong of them has to be taken”; but this one is for the situation of IDHTIRAR (utmost necessity); nothing in key-statements applies to leaving anything of the true belief in any situation; Al-Hamdu Lillah. There is high misconception about this pair of Key-Statements as sometimes this has been taken without care to fundamental concepts that both the primary sources to the Islamic commands provide and at such times, even the term “harm” has been interpreted in most ordinary ways without care that harm actually relates to AKHIRAT that is mentioned here and not to life at the world. When the harm is of AKHIRAT, then it needs elimination as soon as and as much as possible but not by taking any such solution that results in hindrance to applying of some other Islamic command. When there seems both good and bad aspects to some issue, then it would be avoided in practice as to see to the avoidance of harm is priority here without care about the benefit; note that the Holy Book Quran does mention that though intoxicants have some worldly benefits yet their evil effects at AKHIRAT are much higher. The AAYAT reads, “They ask you about intoxicants and games of chance. Say: In both of them there is great sin and means of profit for men, and their sin is greater than their profit. And they ask you as to what they should spend. Say: What you can spare. Thus does Allah make clear to you AAYAAT, that you may ponder” (Surah BAQARAH-219); afterwards, all intoxicants were categorically prohibited by AAYAT-90 of Surah MA’EDAH. It is very important at the administrative level that no such decision is taken with this argument that the harm has to be eliminated unless it certainly is “harm” by Islamic manner and also, no such way is taken to eliminate it that is averse to Islamic manner. Due to some decisions to eliminate the so-called harm, mostly in the name of applying ISTESLAHI, there appear many official hindrances for the common man among Muslims who intends to live by Islam only, with total care to AKHIRAT; this sad situation that takes place by the attitude of ignorance to Islam by those people who hold responsible positions among Muslims, might lead to clash in the long-run period ahead among Muslims causing high anxiety to all Muslims though such clash is certainly not praiseworthy. It is true that Islamic teachings give importance to safety of life, of its honor, of lineage by birth, of mind and of property; yet it cares mainly for the safety of the true belief of Muslims. The Muslim person would not accept anything averse to his belief and he would not surrender the space for his good activities for anything; this is what this key-statement tells us. It is not a statement that is favorable to ISTESLAHI but indicates that the Muslims would care to live upon Islam with as ease as possible and if that manner of living seems highly difficult due to prevalence of FITNAH, then they would join hands to challenge the hindrance to their Islamic lifestyle but with as peaceful stance as possible; they would ask Allah to help them to eliminate FITNAH as soon as possible; Al-Hamdu Lillah.
The third pair of statements tells us that at IDHTIRAR (the utmost necessity), there is some margin to eat something that is HARAAM (that is strictly prohibited) or take-up such action that normally is not praiseworthy. Note that this attitude would not become JA’EZ even then but due to utmost necessity of saving the life, the person at such IDHTIRAR would have the margin to take the necessary amount of something HARAAM but even then only up-to necessity; he would have no inclination actually towards the disobedience of Allah but he would only hope at such situation that Allah would forgive his inclination to wrong. The Holy Book Quran says, “He has only forbidden you what dies of itself, and blood, and flesh of swine, and that over which any other (name) than of Allah has been invoked; but whoever is driven to necessity, not desiring, nor exceeding the limit, no sin shall be upon him; surely Allah is Forgiving, Merciful” (Surah BAQARAH-173). The most important point to note here is that it is allowed temporarily to benefit from filth to save life at IDHTIRAR according to AAYAT mentioned yet the AAYAT does not give any allowance for the violation of sanctity of any respectable thing, nor does the authentic SUNNAH give such margin. Note that if someone is near to his death and he finds human body to eat, he has to refrain from eating it due to the sanctity involved here according to Islam; this feature needs highest of attention where the sanctity of womenfolk is involved as there are matters today, mostly relating to medicine, where such violation does take place in the name of IDHTIRAR. Note well that even in IDHTIRAR, it is disallowed to violate the sanctity of anything to which Islam has provided respect and this tells directly that we do have to revise our attitudes fast where there is sanctity of anyone in consideration (mostly of weaker persons at the surroundings). When at one side, there is physical benefit of the life at the world and at the other side, the spiritual loss of AKHIRAT, we Muslims would leave such benefits and care only about saving ourselves completely at the life at AKHIRAT; the guidance in BAQARAH-219 that I, MSD, have mentioned previously about the intoxicants, endorses this beautifully; Al-Hamdu Lillah.
With all said, it is totally clear that IJTEHAD does claim high status in USUL Al-FIQH that enfolds two kinds, each having its own vast field for judgment of issues; TAUZIHI being directly connected to words of the KITAB and the SUNNAH, while ISTINBATI being directly connected to all aspects of deep observation of the KITAB and of the SUNNAH enfolding even TAUZIHI when and where necessary; Al-Hamdu Lillah. ISTINBATI enfolds QIYAS too and in addition, it takes high assistance by four plus three relevant key-statements too; so it takes all assistance of all Islamic teachings that the KITAB and the SUNNAH provide. In other words, MUJTAHID judges by the KITAB and the SUNNAH positively all debatable issues by his IJTEHAD (though of any kind) that come into his consideration without any inclination to making of rulings by his own at them and works for ease in the practice of Islamic commands that are the commands of Allah only, keeping the surroundings free of all injustice and free of all that is shameful; Al-Hamdu Lillah.
CONCLUSION
Please note here that Allah has power to do his work in different ways; He changed the environment to Islam in the first JAHILIYAT (era of ignorance to the fundamental teachings of Islam) by emphasis on ADL (that is by the Law that the Islamic Teachings provide) by His will; He might change the environment to Islam in this second JAHILIYAT by emphasis on EHSAAN (that is by the natural inclination towards good morality inside) by His will. Islam asks to believe that Allah only is the true Lord and that the man shall not take anything of injustice and that the man shall not fall in any of shameful (immoral) things ever; there is awareness to challenge injustice at present times (though the definition to “injustice” needs consideration) yet there is no response against the shameful attitudes that prevail at present times; and certainly, Allah knows better. The application of the Holy Book Quran with assistance of the Sunnah of the Prophet PBUH, proved the only true weapon that defeated the first JAHILLIYAT and it certainly is the only true weapon against this second JAHILLIYAT. The Holy Book Quran has indicated this second one that it would come besides the first JAHILLIYAT which prevailed when the Prophet PBUH started to present Islam. The learned ULAMA in TAFSIR (the understanding of the Holy Book Quran) have deduced this by the 33rd AAYAT of Surah AHZAAB that commands the wives of the Prophet PBUH in particular and all Muslim women in general to observe HEJAB, “And stay in your houses and do not display your finery (beauty) like the displaying of the FIRST JAHILLIYAT; and keep up prayer, and pay the poor-rate, and obey Allah and His Apostle. Allah desires to keep away the uncleanness from you, O people of the House! and to purify you by (thorough) purifying” (Surah AHZAAB-33). The AAYAT states about JAHILLIYAT in relative manner as it mentions it as “first” so it implies that there would yet come another JAHILLIYAT in manifestation, of high magnitude as this first one; so the relative mention denotes the coming of second JAHILLIYAT in the future as the statement would have been fine even without the mention of “first”; note that the words also are important by which we understand the meaning of the Holy Book Quran. This second JAHILIYAT is wholly in presence now all over the world that is asking all of mankind to commit to injustice in matters of life and that particularly is asking women to commit to much shameful attitudes without care to good morality. If the will of Allah is to end this present JAHILLIYAT by EHSAAN then the women among the Muslims (and even among other of peoples) would step ahead who would adhere fast to Islamic values by His approval; this adherence would manifest the good morality as Islam takes it, in all walks of life; note that the first JAHILLIYAT ended by QITAL (i.e. the war against the ill-wishers of Islam) where the men among the Muslims were able by the will of Allah to lead Islam to manifest, which spread justice all over the known world at those times and so it was by ADL that it ended; Al-Hamdu Lillah. Those times of ignorance needed care to end injustice from the surroundings whereas these times of ignorance need care to end the extreme shameful attitude with total attention towards Allah; Al-Hamdu Lillah. The world needs TABLIGH (the guidance to Islamic teachings) at present times as it might bring the observant persons who incline towards virtues, to Islam and it might bring the ill-wishers of Islam to make an honorable pact with Muslims to keep away from each other; this pact might provide them the time and space to understand Islam better; Al-Hamdu Lillah. The life of mankind does ask for adjustments time and again for which we Muslims need to present Islam by ADL or/and by EHSAAN, but at this moment of time, we have piled them up. However, the good thing is that physical adjustments need some period of time to affect issues yet in comparison, the adjustments required inside the man by Islam, need only to address them good, keeping all attention towards Allah; the work is done the moment we take it up; Al-Hamdu Lillah. Note that ADL is related mostly to the man while EHSAAN as an attitude, is related mostly to the woman for sure; Al-Hamdu Lillah. The betterment of the situation due to the betterment of women coming to practice of Islamic values now, is the notion that attracts wisdom; this is due to the fact that Satan is trying his level-best to tempt womenfolk, especially among Muslims, to deviate from the Islamic values in these present times; EHSAAN is the right keyword to guide all of them towards Islam; Al-Hamdu Lillah. This JAHILIYYAT is even more dangerous than before as the first one had not much of Satanic concepts behind it yet this one has Satanic concepts in different walks of life that has caused extreme FITNAH for the Muslims; it presents these concepts in organized manner with statements that the man is but an animal only and that he needs to live by secularism without any care to practice the commands of Allah, the true Lord, at collective level. Note that FITNAH means the prevalence of such Satanic impression in the environment that there remains little if any, chance to live according to the Islamic teachings in the collective manner. The Holy Book Quran clearly indicates to us that if we go on presenting the true guidance i.e. the Holy Book Quran according to the SUNNAH of the Prophet PBUH, to clarify how all must live upon Islam in all walks of life, that continuous effort in TABLIGH (that actually is part of JIHAD) would end this JAHILLIYAT insha-Allah as QITAL (that also actually is part of JIHAD) ended that JAHILLIYAT in the known world of yore; the Truth (that are the fundamental teachings of Islam) would manifest for certain all over the world with its practice at number of places even at these current times insha-Allah. Mostly, it has happened that only few persons stood-up for TABLIGH of Islam yet Allah gave power to that effort and it enlightened the lives of many people initially at other places than where those few people took-up TABLIGH. He is HAKEEM (the Most Wise) which means that He is shaping all things towards the way He intends and it takes many years sometimes for us to see how things have turned favorably for Islam practically; it took 2500 years for DUA of IBRAHIM-AS to manifest when Allah sent His last Messenger Muhammad PBUH at Arabia for all times and all places for which the Holy Book Quran narrates, “And when Ibrahim and Ismael raised the foundations of the House- Our Lord! accept from us; surely Thou art the Hearing, the Knowing- Our Lord! and make us both submissive to Thee and (raise) from our offspring a nation submitting to Thee, and show us our ways of devotion and turn to us mercifully, surely Thou art the Oft-returning (to mercy), the Merciful. Our Lord! and raise up in them an Apostle from among them who shall recite to them Thy AAYAAT and teach them the Book and the Wisdom, and purify them; surely Thou art the Mighty (AZIZ), the Most Wise (HAKEEM)” (BAQARAH-127, 128, 129). When YAQUB-AS (Jacob) interpreted the dream of YOUSUF-AS (Joseph), he told clearly that Allah would provide ways for the rise of YOUSUF as Allah is All-Knowing and HAKEEM (see Surah YOUSUF-6); at this Surah, we find this name of Allah i.e. HAKEEM at another place too that denotes that YAQUB-AS was totally sure that Allah would provide for such circumstances that would lead to rejoining of all members of his family (YOUSUF-83) and yet at another place where YOUSUF-AS remembers how Allah has made possible by His blessing leading the events to his rise and to the rejoining of all members of the household of YAQUB-AS (YOUSUF-100); Al-Hamdu Lillah. At AALE-IMRAN, Allah tells us; “He it is Who shapes you in the wombs as He likes; there is no god but He Who is the AZIZ, the HAKEEM (AALE-IMRAN-6). There are other places too at the Quran which tell that Allah is taking all matters practically to the way He intends and this name of Allah, like all His names, tells us that Allah only has the true authority; Al-Hamdu Lillah. The KITAB says, “And who is more unjust than he who forges a lie against Allah though he is invited to Islam; and Allah does not guide the unjust people. They desire to put out the light of Allah with their mouths but Allah will perfect His light, though the unbelievers may be averse. He it is Who sent His Apostle with the Guidance and the right path of life, that He may make it overcome the paths of life, all of them, though the polytheists may be averse” (Surah-SAFF 7,8,9). Note that I, MSD, have taken the pronoun “He” at the translation “that He may make it overcome the paths of life, all of them” to indicate Allah but note also, that it has been taken to denote the Prophet PBUH by some commentators on the Holy Book Quran and this affects the meaning. If “He” indicates Allah then Allah might make the world better by EHSAAN but if “He” indicates the Prophet PBUH then the good change by the will of Allah, might come in this second JAHILLIYAT too the same way as before i.e. by QITAL (the war against the disbelievers) by ADL as the following of the Prophet PBUH is necessary for all of us Muslims. It is the will of Allah that reigns over all His creation and He knows better; Al-Hamdu Lillah. We have to go on spreading the clear teachings of Islam according to the Holy Book Quran and the SUNNAH to get only the pleasure of Allah, and the result would come as Allah wills; Al-Hamdu Lillah. All Muslims are the UMMAH of the last Prophet Muhammad PBUH that have this obligation of providing TABLIGH to all peoples of the world collectively after him as that is necessary, no matter how the AAYAT is interpreted for the specific pronoun. Those among Muslims who take initiation of QITAL as the better option to do the job, they are not blamable if they care not to cause trouble to the innocent people, as that also is possibility due to the difference in TAFSIR of the AAYAT of AS-SAFF quoted; the part in the AAYAT -“He it is Who sent His Apostle with the Guidance and the right path of life, that He may make it overcome the paths of life, all of them”- has come also at two other places of the Holy Book Quran that are Surah Al-FATH-28 and Surah TAUBAH-33. May Allah guide all peoples of the world towards Islam; Al-Hamdu Lillah.
Note that the task of the Holy Prophet PBUH was totally related to the Holy Book Quran; that was to recite it (TILAWAT), to teach it well (TA’LEEM Al-KITAB), to provide all the necessary detail related to it well for practice (TA’LEEM Al-HIKMAH), to clean the hearts from any attachment towards the world (TAZKIYAH); see BAQARAH-129 that narrates DUA of Ibrahim-AS and Ismael-AS and I, MSD, have quoted it before; see also AAYAT-151 of the same Surah and AAYAT-164 of Surah AAL-IMRAN; read also the first four AAYAAT of Surah JUMU’AH; Al-Hamdu Lillah. It was the acceptance of this DUA when Allah gave rise to His last Prophet Muhammad PBUH to provide His message for all times to all of the world i.e. the Holy Book Quran and the Prophet PBUH explained it well practically over the years by his SUNNAH by the permission of Allah, Al-Hamdu Lillah. This AAYAT implies that all Muslims, as the UMMAH of the last Prophet Muhammad PBUH, have to believe firmly in the Holy Book Quran, have to go on reciting it, have to study it well, have to put it into practice well according to the SUNNAH and have to spread well all its fundamental teachings all over the world; these five things all Muslims would do individually and even collectively; Al-Hamdu Lillah. The problem among others that we Muslims face at these present times, is that the enemy of Muslims now has such leaders that take themselves to be on the highest level of the development of the mankind; it is impossible certainly to correct such persons who consider themselves already correct especially when they are highly strong physically by the possession of the modern deadly weapons too, that seemingly we Muslims are unable to neutralize as affairs stand at the present times; we must not initiate wars yet if put upon us then we must fight-on in defense with all available might, keeping total attention towards Allah only. Allah would certainly change the world to better as we know by authentic Ahadith yet we have to wait and see how that change takes place and meanwhile present Islam by TABLIGH to the utmost level of our capability; insha-Allah, it would either draw the enemy favorably towards Islam or either draw it towards an honorable pact with the Muslims that would neutralize its adverse effect against the Islamic mode of life; Al-Hamdu Lillah. Allah is the true Lord and it is His will that reigns totally over all His creation; Al-Hamdu Lillah.
Note that Ahadith tell us that we need to keep the life at the world to necessity and care for AKHIRAT, living with necessities. The last Messenger of Allah PBUH lived only with necessities by choice though he did provide for his needs and for his obligations yet never more than necessities. Following the Prophet PBUH, the true practicing Muslims need to perform such deeds well that give them the wonderful rise at AKHIRAT as certainly, all is well that ends well; all comparison to others shall remain for status at AKHIRAT and not for status at the world (see Surah AALE-IMRAN-133). The Holy Book Quran also tells us in Surah SHUARAA, the 26th Surah, that Prophet HUD-AS said to his people, “Surely I am a faithful apostle to you; so fear Allah and obey me; And I do not ask you any reward for it; surely my reward is only with the Lord of the worlds; do you build on every height a monument? Useless (without necessity) is it that you do; and do you make for yourselves palaces as if you will live therein for ever; and when you lay hands (on men for crimes) you lay hands as tyrants; so fear Allah and obey me; and have fear of Him Who has given you abundance of what you know. He has given you abundance of cattle and children and gardens and fountains; surely I fear for you the chastisement of a grievous day” (SHUARAA–from the verse 125 onwards). An authentic Hadith tells that the Prophet PBUH said, “If anyone refrains from wearing good (expensive) garments out of humility towards Allah though he is capable of wearing that then Allah will summon him on the Day of Resurrection at the head of all creatures and give him choice to wear any of dresses that represent the true belief” (Tirmidhi). Another narration that also is at Tirmidhi, relates that the Prophet PBUH said, ”Every spending is in the path of Allah, except construction; there is no good in it.” Keeping to this guidance, the Muslims urgently need to limit their usage of the modern gadgets as it presents at these current times without any reservation and as such, causes problems; it asks for much of injustice according to Islam and even shameful behavior in these current times; this usage relate much to the social and the electronic media. We are better as we try to live with style near to the times of the Prophet PBUH and note that even up-to the time that passed-away just a century ago, the set-up of the environment had not changed from the Prophet’s golden era in such drastic manner as we see now. The high intermingling of Muslims with other of peoples by modern means of communication (and by modern means of transport), has led to much trouble at the environment in which we are living today; it has the high impression of secularism in it that asks for man-made regulations at the collective matters of the man that relate to political, economic, judicial systems at the environment though it does give some liberty at the individual level to take up the belief and deeds according to choice yet even in that, it is becoming difficult to remain virtuous by Islam. This assumption that the two parts, individual and collective, of the man is liable to diversity, is against the teachings of Islam as it is DEEN that asks to put only the commands of Allah at all times and at all places; this means that it enfolds all matters of life as it instructs explicitly in principles for everything at the political, economic and judicial systems without being totalitarian. Many of changes in the environment on the basis of secularism have challenged Islamic teachings highly and the Muslims need to eliminate the adversities to them by such changes and also, need to see that even if changes do come into the environment, they do not become FITNAH to the practice of Islam. The adverse change at the current times in the set-up of environment from the golden era of the Prophet PBUH in such drastic manner, is causing just this problem as it is leading it to FITNAH. Note that Allah tells us in the KITAB that, “this day have I perfected for you your DEEN and completed My favor on you and chosen for you Islam as DEEN” (Surah Al-MAEDAH-3); Al-Hamdu Lillah. ULAMA of repute, rising to the status of MUJTAHID, must tackle this problem fast and the statement to which they must guide all Muslims with fervor together is that “the true practicing Muslims must use the modern gadgets strictly in specified limit” whereas the usage of modern gadgets relate here to all such things that have launched the electronic media and the social media to come in practice; they must also find ways to limit intermingling of Muslims with other peoples of the world with care that they practice Islam with total convenience; Al-Hamdu Lillah. The good deeds of the true practicing Muslims must reflect their belief totally that Allah is the True Lord and they have to answer Him at AKHIRAT, the true coming life; Al-Hamdu Lillah.
The significant aspect of the Islamic environment is that there must be the practice of the five pillars of Islam without any force of law so it would remain at the attitude of EHSAAN in the Islamic environment; yet they have to be practiced collectively by all Muslims as the Holy Book Quran teaches and the Muslim administration must facilitate the practice of all these five to utmost ability and if they do not manifest clearly at the Islamic environment collectively in practice then for the time-being, the Muslim administration would formulate ways that bring about their manifestation clearly. These five are DHIKR which means that the Muslims must recite-on the KALIMAH that denotes the glory of Allah always remembering Him in conversation and in all matters of life, five times daily SALAH, payment of ZAKAH (the charity amount) once a year, keeping of SAUM that is fasting in the holy month of RAMADHAN and performance of HAJJ once in the life-time; Al-Hamdu Lillah. These would generally remain in practice insha-Allah on EHSAAN only without applying any force of law and with these, it is necessary to eliminate injustice and shameful behavior from the environment totally as to care for “NAHI-ANEL-MUNKAR” (forbiddance of all wrongs) is highly important too at these current times in addition to “AMR-BIL-MA’RUF” (direction to all virtues) and we Muslims must care for both of these well with high fervor. There was such time, only few years back that had just ended, when two of the countries were mentioned as two high powers in the political sense; one of which inclined towards injustice while the other inclined towards shameful behavior as the necessary aspect to life; Satan had misguided both of them. Now, strictly observing by the Islamic Viewpoint, it seems that one of them has taken-up both of these wrongs and the world is still in need of an honorable system of life that is clean of all types of injustice and all shades of shameful behavior. The Holy Book Quran tells us to avoid these both wrongs in many AAYAAT mentioning them together as their avoidance would lead to the clean environment free of evil insha-Allah and as such, free of all adverse effect of Satan; Al-Hamdu Lillah. AAYAAT 168 & 169 of Surah BAQARAH read, “O people! eat the lawful and good things out of what is in the earth, and do not follow the footsteps of the Satan; surely he is your open enemy. He only enjoins you SOOU (injustice) and FAHSHAA (shameful behavior), and that you may speak against Allah what you do not know (that lead to assigning partners to Him; may Allah save us all from all evil; Al-Hamdu Lillah)”; see also AAYAT-268 of this same Surah in which the term “AL-FAQR” tells that Satan wants development of attitude using the tendency of fear inside the man, so that he might ask to live with all sorts of worldly assets putting his efforts to the life at the world only; that attitude certainly is injustice; this AAYAT also tells clearly by the term “FADHLA” that Allah would provide sustenance to those who really want to live at necessities with all their attention towards Allah only; Al-Hamdu Lillah. Moreover, it tells clearly if the Muslim person keeps his attention towards Allah only at such times when FITNAH prevails at the environment, He would grant forgiveness from His Blessing to him on the wrongs of sight and hearing if he saves his good belief on Islam and saves himself from major sins; in Surah HUD, an AAYAT reads, “And keep up SALAH in the two sides of the day and in the parts of the night; surely good deeds take away evil deeds; this is reminder to the mindful” (Surah HUD-114). Another AAYAT that hits injustice and shameful behavior together, comes at Surah YOUSUF that says, “And certainly she (ZELIKHA) made for him, and he would have made for her, were it not that he had seen the manifest evidence of his Lord; thus that We might turn away from him injustice and shameful behavior, surely he was one of Our sincere servants” (Surah YOUSUF-24). Note that Surah YOUSUF is the Surah that has many terms that have specific meanings by the Islamic perspective and Allah has used those words, both in the specific meaning and in the literal meaning here assigning them to the Egyptians at different places; Al-Hamdu Lillah. This tells an important aspect among the expressions of the Holy Book Quran that the meaning for a single word might differ at places according to its context; Al-Hamdu Lillah. Still another AAYAT tells us that, “Recite that which has been revealed to you of the Book and keep up SALAH; surely SALAH keeps away from shameful behavior and injustice, and certainly the remembrance of Allah is the greatest, and Allah knows what you do” (Surah ANKABUT-45). Surah NAHL indicates, “Surely Allah commands ADL (justice) and EHSAAN (natural goodness) and the giving to the kindred, and He forbids shameful behavior and injustice and rebellion (to Allah); He admonishes you that you may be mindful” (Surah NAHL-90). Allah commands for three things here and forbids three other things; the message here is that taking-up three good things in practice that comprise of all the righteousness would eliminate three bad things that represent all of Satanic misguidance. Here, an indication is given that EHSAAN eliminates the shameful behavior and ADL eliminates injustice; the spending towards the needy among the near ones for the pleasure of Allah counters any thought that might lead towards hypocrisy that in turn, might lead towards challenging the commands of Allah; the message for this part is that “INFAAQ” (spending from what Allah has provided) in the way of Allah, keeps away “NIFAAQ” (hypocrisy); Al-Hamdu Lillah. Studying other AAYAAT too, would clarify this even more that the Quran asks all Muslims explicitly to avoid all injustice and all of shameful behavior; these include AALE-IMRAN-135, NISAA-110, 111 & 112, ANAAM-151, NOOR-21, SHURA-37, MUHAMMAD (PBUH)-14, NAJM-32 and others that ask the avoidance of injustice and the avoidance of shameful behavior at one place; Al-Hamdu Lillah. Note that the Quran has targeted each of these both at many places yet I, MSD, have only indicated those that are among such AAYAAT that target them together. ULAMA know well that it is highly praiseworthy for Muslim men in general to learn Surah MA’EDAH good as it teaches the Islamic law that targets injustice directly; and that it is highly praiseworthy for Muslim women in general to learn Surah NOOR good as it commands about HEJAB that targets shameful behavior directly; Al-Hamdu Lillah. It is most necessary to present the looks of an Islamic environment, especially at these modern times, whereas we Muslims in general have yet to succeed to present the collective living manner by Islam to all peoples of the world with all care for humanity; the hindrance to this task is the negative impression of those modern gadgets that have paved way for the extensive usage of the electronic and the social media; the slackness of Muslims in presentation of Islam in clear terms, also counts for this sad state of affairs. We Muslims need to see the limit of usage to all such gadgets so that they apply only for virtues without application of any force from our side but only by such wise dealing of affairs that eliminate all injustice and all shameful behavior from the environment we live-in; then only, it would be truly feasible for us Muslims to live practically upon the Islamic values insha-Allah at the collective level; Al-Hamdu Lillah. Note that at these current times, we need to target wrongs by constant TABLIGH of Islam as that would firmly establish their negativity at the environment and that would lead all good persons to join hands to see to their elimination from the surroundings with high fervor; Islam certainly is the voice of the inside of the man and that tells that we do not have to take any sudden action for its practical application to the environment and we do not need any forced manner to apply it practically; the simple thing is that as we challenge all wrongs by the teachings of Islam, that would lead to their elimination and with that elimination, the voice inside would call-out well insha-Allah to the right path so it would manifest with convenience; Al-Hamdu Lillah. With all their efforts, Muslims would necessarily ask Allah to help them in these difficult times as He certainly, is the only true Lord; Al-Hamdu Lillah. May Allah give TOFIQ to all of us Muslims to live virtuously upon Islam and whenever our death comes, to die virtuously upon Islam; Al-Hamdu Lillah.
Completed at the Night;
12th of JAMADUS-SANI
1435 - (12th of April 2014)
Revised:
12th of December 2020
(7:30 PM)
Muhammad Saleem Dada
[email protected]
www.saleemdada.weebly.com
Al-Hamdu Lillah
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This paper (which I, MSD, revise to simplify its discussion) provides an introduction to USUL Al-FIQH in concise yet comprehensive way that would Insha Allah enlighten readers:
(a) About the sources that are the basis to get the commands of Allah; these are the Quran & the Sunnah (each of these both, an independent source to these commands in its own respective manner) and IJMA’ (that is the secondary but an important source to these Commands);
(b) About another secondary source for these Commands besides IJMA, that is named IJTEHAD which includes some detail for QIYAS and also some detail for the six so-called additional secondary sources besides IJMA and IJTEHAD;
(c) About the Key-Statements that are related to FIQH in actual yet they enjoy high value even at USUL;
Note that “FIQH” in general means the awareness of Islamic commands that the learned Muslims have due to their study of the Quran and the Sunnah so that they attain the pleasure of Allah; they put Islamic commands into practice due to that awareness; Al-Hamdu Lillah. As for USUL AL-FIQH, it actually tells the “manner” to get Islamic commands (that are the commands of Allah); both USUL and FIQH present significant aspects to practice Islam. So, FIQH relates to the good Muslims, relates to the Islamic commands that have their basis on the Quran & the Sunnah and relates to the practice of Islamic commands by good Muslims to attain the pleasure of Allah; the notable thing is that both USUL and FIQH focus on commands. The relation of USUL to FIQH is as grammar of some language relates to it and though sometimes the term “USUL Al-FIQH” is used loosely even by ULAMA to mean both USUL and FIQH together yet the main difference to note between USUL Al-FIQH and FIQH is that USUL is the study of good Muslims OF the basis of the Islamic commands with principled methodology to get Islamic commands whereas FIQH is the study of good Muslims by which they learn all established Islamic commands and put them into their practice at all aspects of life with the good intention to attain the pleasure of Allah; Al-Hamdu Lillah. Please note that to understand the discussion at this paper, the reader might need to read it more than once as there are terms related to FIQH which I, MSD, have explained at some other place than where I used them first. For this paper, I, MSD, have taken assistance from some very good works (eight booklets in total related directly to the subject) that have been presented by the prominent ULAMA at the sub-continent on the subject in Urdu. These booklets include “FIQH-ISLAMI KA TARIKHI PAS-MANZAR” and “IJTEHAD PAR TEHQIQI NAZAR”, both by MAULANA MUHAMMAD TAQI AMINI where he has not only discussed IJTEHAD but has also debated USUL explicitly. May Allah give BARAKAH in all good works of all such writers who have worked-on and are working-on to make things better by Islam in these difficult times for Muslims; Al-Hamdu Lillah.
Muhammad Saleem Dada
www.saleemdada.weebly.com
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THE Holy Book QURAN
1-The Holy Book Quran gives all teachings of Islam in it for which the Sunnah provides the righteous manner to practice; Al-Hamdu Lillah. So the sources to get the Islamic commands that are the commands of Allah, the only true Authority, is the Holy Book Quran (that is complete Islam in text as AAYAT-38 in Surah AN’AAM tells us “We have neglected nothing in the Book”; see also Surah NAHAL-89) and the SUNNAH of the last Prophet Muhammad PBUH (that is complete Islam in practice because the Holy Book Quran has commanded to act upon his directions in all issues of life practically). In other words, each of these both is ASL (actual) source to Islamic commands in its own way and they both complement each other as the KITAB (the Holy Book Quran) provides Islam completely in text and the other (i.e. the established SUNNAH) provides Islam completely in practice thus they present Islam, the right path towards Allah, totally in both the necessary aspects for all of mankind and for all of jinn. The Holy Book Quran consists of the revelation which Allah sent to the Prophet Muhammad PBUH by the angel Gabriel-AS, in the very words of Allah. The meanings of its MUHKAM AAYAAT (the clearest of verses) are the same as the text implies by Arabic. This awareness is at the level of TAZAKKUR and the practicing Muslim person who is among MUJTAHID, aware of Arabic to height, can apply such IJTEHAD here which gets him the high awareness of them, which is termed as TAUZIHI; we all would insha-Allah study these terms ahead at this paper. So every such practicing Muslim person aware of the basics of Islam and of Arabic by which he understands the Quran without any translation, does have the potential to TAZAKKUR and as such to TAUZIHI, yet with that he would have to commit himself totally to the Islamic study as that only would lead him to this most initial level of IJTEHAD. But where he needs depth of thought in the understanding of the text & meaning of the Quran, then he would have to come at the level of TADABBUR; the practice of IJTEHAD at this stage, asks much high caliber. This means that he is such practicing Muslim person who is totally committed to Islam, who is among MUJTAHID well-versed in Islamic Teachings with high awareness of Arabic and of TAFSIR of whole of KITAB according to the Sunnah of the Prophet PBUH, who is most aware of Sunnah itself with fair understanding of IJMA’ too; this IJTEHAD is termed as ISTINBATI. The Quran asks to practice the MUHKAM AAYAAT (and the USUL Al-FIQH is concerned with these AAYAAT only to see the commands of Allah) while authentic AHADITH are also ASL source to these Islamic commands. ULAMA ask not to put efforts on any level to understand the meanings of verses that are MUTASHABEH (allegorical) in the Holy Book Quran as these are AAYAAT that have words for which the meanings are beyond the reach of the human mind; the Muslims would believe them with the statement that “Allah only knows their true meanings”; they are not related to Islamic commands, the subject-matter of USUL Al-FIQH; Al-Hamdu Lillah.
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The SUNNAH of the Prophet PBUH
2-SUNNAH is the term used for the Prophet’s sayings, deeds, silence and his total attitude towards matters of life that authentic Ahadith have presented as they are the narrations of Sunnah, but these both terms “Sunnah” and “Ahadith”, are often used interchangeably. There are ways to understand the strength of Ahadith and they are designated as MUTAWATIR, MASHUR or AHAD by consideration to their respective narrators. AAYAT-80 of Surah NISAA tells us that “he who obeys the Messenger, has obeyed Allah”; see also Surah HASHR-7; Al-Hamdu Lillah. Due to the affinity of FIQH (that relates to the practice of Islam), towards Sunnah, it most highly inclines to it and this inclination is most obvious at the FIQH of all four prominent guides in FIQH (that are MALIK, AHMED ibn HANBAL, SHAFA’I and ABU-HANIFA - may Allah show mercy to them all); any adverse activity that falls against the Sunnah of the Prophet PBUH challenging it clearly is termed as BID'AH; also any continuous activity in practice that results in addition to the guidance of the Sunnah in some matter, is also BID’AH. The Holy Book Quran and the Sunnah of the Prophet PBUH are obvious to Muslims in general, yet IJMA’ does need some clarification to understand it better and our study would now take it here; Al-Hamdu Lillah.
IJMA’ (the Collective Islamic Ruling)
3-The term IJMA’ means “the consensus of compatible MUJTAHID persons on the ruling for some issue open to debate by Islamic teachings in an era after the last Prophet Muhammad PBUH keeping strictly to the KITAB (the Holy Book Quran) & the established SUNNAH, taking the ruling to practice with the notion that ‘most probably’ the pleasure of Allah is here in this ruling; all MUJTAHID would have love for Allah and for His Prophet PBUH inside plus the respect for all Messengers of Allah”; Al-Hamdu Lillah. In simple words, it is “the consensus of compatible MUJTAHID persons after the Prophet’s era on some IJTEHAD about a moot issue that commands practical value for that”, so it is the “Collective Islamic Ruling” on a debatable issue at consideration; Al-Hamdu Lillah. The issues that IJMA’ clarifies are at different levels of acceptance according to the strength of IJMA’ upon them; the highest status relates to IJMA’ of SAHABA that the good Muslims highly care to accept. Other IJMA’ that are mentionable, are the IJMA’ of the four prominent IMAMS of FIQH on an issue and then any other IJMA’ that had taken place after them before this current time where modern gadgets have affected our lifestyle highly, both lesser in status than IJMA’ of SAHABA. We would exclude from IJMA’ such agreed rulings of the four IMAMS about an issue that substantial number of ULAMA have challenged, like the issue of three pronouncement of divorce in one sitting or like the issue related to the total RAK’AH being twenty at-least in the night prayers (TARAVIH) in RAMADHAN though UMAR-RA upheld both of these rulings. With notable challenge to these two, it is better to say that SAHABA-RA did not make an IJMA’ on both in the strict sense of the term. We would state that those IJMA’ that are besides the IJMA’ of SAHABA i.e. of four IMAMS and that which occurred after them before the commencement of the modern era a century back, are not necessary to take into practice in general and this statement does care for the KITAB and the SUNNAH. It is erroneous to blame any practicing Muslim who does have the awareness of Islamic commands, if he does not care for such IJMA’ at his practice without any disrespect to it and takes-up some other IJTEHADI guidance from some compatible MUJTAHID person for the needed issue; that guidance even would do the job well insha-Allah. Note that if substantial number of MUJTAHID provide any IJTEHAD even now and even if those MUJTAHID persons relate to some specific geographical area but with representation of all important schools of FIQH among Muslims, their collective IJTEHAD is like weaker IJMA’ by status which is most acceptable practically when and where there is the high need for the Islamic ruling at a debatable issue at hand. Note also that IJMA’ clarifies the status of the Islamic commands that any of the actual sources (the KITAB and the SUNNAH) provide and guides to the practical side of matters by deep observation of them, without providing any of these commands in actual by its own; even IJTEHAD does not provide any of Islamic commands in actual by its own. IJMA’ is the third source to Islamic commands but fully dependent on the KITAB or/and on the SUNNAH without fail. AAYAT-59 of Surah-NISAA reads “O you who believe! obey Allah and obey the Prophet PBUH and those in authority from among you; then if you quarrel about anything, refer it to Allah and the Prophet PBUH, if you believe in Allah and the last day; this is much better and very good in the end”. This AAYAT does point out to IJMA’ at some status and even the AAYAT-115 of this same Surah i.e. NISAA also indicates IJMA’ as valid to take for the clarification of Islamic commands. Note here that there is no mention of quarrel in the obedience to Allah or to the Prophet PBUH as there is no option for Muslims for that but difference to those in authority among Muslims at a given time & place in some issue, is possible as indicated here though the ruling of those in authority might even have some weak IJMA’ at their ruling; but the MUJTAHID only might differ with certain necessary reservation. Then, if that difference has significance, it does ask that the command on the debatable issue is revised with more study of the Holy Book Quran and of the SUNNAH without fail; Al-Hamdu Lillah. Ahadith also present IJMA’ in different ways and one of them sums up the matter beautifully by words that “indeed, Allah will not gather my UMMAH on the misled path. And the hand of Allah is on JAMA’AH (the whole gathering) and he who breaks from it, he is plunged into the hell-fire” (Tirmidhi). As IJMA’ actually explains the Holy Book Quran and the SUNNAH so it has its basis on some important indication with positive reasoning that any one (or both) of these presents; this also is notable that once some ruling is in effect for some issue by IJMA’ that provides convenience to its practice, it remains binding for Muslims according to the strength by which it takes place in that issue. Many of ULAMA maintain that once the good Islamic administration commits itself to some IJTEHAD on an issue for practice, it does get such weak IJMA’ on it that even the MUJTAHID person who differs to it, needs to take it up in practice; this tells that even some weaker IJMA’ has significant value as it actually is “collective IJEHAD”. Note that except for the Holy Book Quran, the SUNNAH of the Prophet PBUH and stable IJMA’ related firmly to them, nothing is binding to Muslims for practice by Islam. Note that the highly well-versed Muslim person in Islam who is at the status of MUJTAHID even, would not challenge the IJMA’ of the first status that is the IJMA’ of SAHABA. Today, IJMA’ on the ruling of any issue would have the fourth status only that would remain weaker than all previous IJMA’; it would take place with the consensus of substantial number of prominent ULAMA of different FIQHI schools, upon IJTEHAD that comes at front of them in the moot issue at study, even if they all relate to a single Muslim country. That ruling is most significant if the necessity for clarification of the moot issue is urgent so that all good Muslims take-up the good Islamic attitude in that issue together, in much good time; Al-Hamdu Lillah. “IJMA’” is not like the count of votes in democracy of these current times as it actually has its basis on the highest of wisdom that all MUJTAHID receive from the KITAB and the SUNNAH who are most aware how to consider the matter according to Islamic teachings and who have their total attention towards Allah only; it certainly is not an independent source to Islam so mainly, the quality matters here though the quantity of MUJTAHID also counts; Al-Hamdu Lillah. Insha-Allah, we Muslims would practice the Islamic perspective about democracy too in elections, taking care that Islam tells us that Allah only is the true Lord to obey and taking care that Islam asks us to live at the world truly for AKHIRAT, competing each other only for AKHIRAT and not in matters that are most related to the world; Al-Hamdu Lillah. For the better study of IJMA’, we need to study the conditions that have validated IJMA’ before and that might validate it today, at-least at the fourth status where it would be weaker yet most feasible to practice; Al-Hamdu Lillah. Note that IJMA’ takes place on some IJTEHAD, and with that, it becomes binding for Muslims according to the status of that IJMA; note also that with their difference, both IJMA’ and IJTEHAD (QIYAS included), are totally dependant on the KITAB or/and the SUNNAH. The difference between IJMA’ and IJTEHAD is that the latter is an individual endeavor rather than collective effort and that is why it is binding in the individual manner while IJMA’ has an acceptance in the collective manner according to its good status; both IJMA’ and IJTEHAD do have their respective conditions for the compatible MUJTAHID that apply them to get the Islamic ruling fast. The most important conditions for the feasibility of IJMA’ include that (a)-it takes place on an issue by substantial number of compatible MUJTAHID of the time, who work to take some IJTEHAD available for it; (b)-it takes place on an issue that is open to debate as its ruling is not obvious by the KITAB or/and the SUNNAH yet MUJTAHID, all of them, would see that it has its basis on some indication provided by any of these; (c)-it takes place on an issue AFTER the times of the Prophet PBUH (d)-it takes place on an issue by the agreement of substantial number of MUJTAHID to an Islamic command (not any other), who all are practicing Muslims and enjoy the respect of all practicing Muslims in general; note that ULAMA generally divide IJMA’ as “by word” and “by silence” as those MUJTAHID who have not witnessed the gathering for IJMA’ on some debatable issue, are mentioned as having “Positive Silence” to its ruling by IJMA’ when they take it up in practice; though weak as IJMA’, it is strong as IJTEHAD where it becomes collective, having high significance; (e) it takes place on an issue where all MUJTAHID understand the pros & cons of that in general and they also have awareness of the consequence that the practice of their approved ruling might cause; (f)-it takes place on an issue by the agreement of such substantial number of compatible MUJTAHID, even if they all relate to a single Muslim country at these present times but represent different schools of thought among Muslims in FIQHI matters, about whom all practicing Muslims agree that they would never approve anything that is against Islam; and they agree that they have their attention towards Allah only whereas their practice is strictly related to the KITAB and to the SUNNAH; Al-Hamdu Lillah.
IJTEHAD (The Individual Islamic Ruling)
4a-The term IJTEHAD means “the high intellectual contention of some MUJTAHID on some issue open to debate by the Islamic teachings, to the utmost level of his capability pondering on the KITAB (the Holy Book Quran) & the established SUNNAH of the Prophet PBUH to get the ruling and achieving it by that wonderful effort for the issue in consideration for which he has the good notion that ‘most probably’, the practice of this ruling in this issue relates to getting the pleasure of Allah; he would have extreme love for Allah and for His last Prophet Muhammad PBUH inside his heart”; so it is the “Individual Islamic Ruling” on a debatable issue at consideration; Al-Hamdu Lillah. The Holy Book Quran points-out, “So ask of those who possess the message if you realize it not” (Surah Al-ANBIA-07; see also Surah NAHAL-43, 44). If someone highly aware of the Islamic teachings among Muslims, makes an IJTEHAD on some debatable issue but he is unable to reason for his IJTEHAD positively by the KITAB and the SUNNAH, he needs to refrain strictly from committing to IJTEHAD for certain; Al-Hamdu Lillah. Note that the field of work for IJTEHAD is clarification of Islamic commands whereas the term TAQLID which also relates to FIQH, generally means to follow IJTEHAD of four notable IMAMS; these both “IJTEHAD” and “TAQLID” do not relate to basic matters of the Islamic belief as there is definitely an option available at IJTEHADI matters to differ while in basic matters of belief, there certainly is no option to differ; Al-Hamdu Lillah. Those who make IJTEHAD or follow it by TAQLID, they do it with the notion that “Most Probably” the pleasure of Allah is at the practice of these good rulings in their specific moot issues; Al-Hamdu Lillah. In Ahadith, we find that the Prophet PBUH appreciated MUAZ-Ibn-JABL-RA when he told the Prophet PBUH that he would decide by his own good judgment if he does not find the command for something plainly in the Holy Book Quran and the SUNNAH, keeping strictly to the requirement of these both only; Al-Hamdu Lillah. Note that among the six so-called additional secondary sources for the formulation of the Islamic law (I, MSD, would name them in the point ahead insha-Allah), there are some indeed that are creditable to consider as worthy in the process of IJTEHAD without taking them as sources to Islamic commands, the commands of Allah, by any name; the term ADILLAH that is sometimes used for them that means “proofs” is also highly vague for them especially in these current times. However, in the IJTEHADI process, four of them do have good value at times on different issues as accepted by many of learned ULAMA in the subject of USUL Al-FIQH. But MUJTAHID needs to disregard the other two of them (that are ISTEHSAN and ISTESLAH) at IJTEHADI process, as their total omission in this important process certainly is much better at these current times. Even the other four are only notable statements at best to consider when and where necessary in IJTEHADI process with the option remaining available to decline the asking of any of these where it seems necessary, with reflection to the KITAB and the SUNNAH. As noted, IJTEHAD relates to IJMA’ which is placed on some worthy IJTEHAD at the debatable issue in focus. However, with all said, please keep this in view that all that is Islamic, is totally connected to the KITAB (and for its practical application, the SUNNAH) as that is the only true source by which we get the commands of Allah, the true Lord. Even IJMA’ (especially the IJMA’ of SAHABA-RA), is acceptable in general only due to its high significance in providing the necessary detail to accomplish the Islamic commands that the KITAB and the SUNNAH provide; as such, it assists only in the implementation of the KITAB and the SUNNAH; Al-Hamdu Lillah.
4b-Note that the so-called additional secondary sources to Islamic commands are ISTEHSAN (taking up such ruling on a moot issue that might provide ease in its practice to Muslims which seemingly do not pose any challenge to Islamic teachings, leaving another of its ruling based on QIYAS, sometimes even better, because its practice might pose some hardship in the given situation), ISTESLAH (taking up such ruling on a moot issue that makes the practice to it convenient for Muslims, which seemingly do not pose any challenge to Islamic teachings), ISTESHAB (to retain the ruling on a moot issue that already applies for it, when some doubt takes place on that issue for some reason), ‘URF (recognition among good practicing Muslims about something as acceptable which does not challenge Islamic teachings), SADD-e-ZARAI’ (stopping of means to wrongs, specially the shameful attitude) and the last is the ruling of any of the prominent SAHABA-RA, the companions of the Prophet PBUH, for any moot issue. Note that the human mind is not source to Islamic commands, but it is totally bound to the KITAB and the SUNNAH to see those Islamic commands; the conditions for IJMA’ and for IJTEHAD do clarify this statement; Al-Hamdu Lillah. I, MSD, would remark here in clear terms that the first two mentioned here, i.e. ISTEHSAN and ISTESLAH, actually have no worth in the IJTEHADI process and as such in USUL Al-FIQH, in these most trying times. ISTESLAH among the two, was worthy of high attention at some point in the times gone-by when the Muslims generally adhered fast to the principles of Islam in practice but at these times, it is most obvious that it results in escape from the Islamic teachings. But the other four; that are ISTESHAB, ‘URF, SADD-e-ZARAI’ and the ruling in some issue provided by any of the prominent SAHABA-RA; do have importance in the process of IJTEHAD as they do relate to the guidance of the KITAB and the SUNNAH. Note the difference between the two formerly mentioned and the four mentioned after them that these last four do not relate actually to making of the ruling as they ask for “judgment” only upon moot issues at hand for which the MUJTAHID only puts these points available with other necessary consideration, to get the ruling positively while the two formerly mentioned are taken-up only by the remark that “nothing negative” to the KITAB and the SUNNAH takes place; the person does not ask any ruling positively here by the KITAB and the SUNNAH but he “makes” the ruling on the basis of the human mind that, with all its appreciable talent, is most liable to err. The main error here is just at the onset of getting the ruling to the moot issue at hand that the person assumes the absence of guidance in some positive manner for the issue at hand by the KITAB and the SUNNAH; this stance certainly is highly erroneous. Whereas these two, ISTEHSAN and ISTISLAH, have no righteous base according to Islamic teachings, the last four that are mentioned here are provable as worthy to consider at IJTEHAD, by the good study of both the actual sources to Islamic commands; but they still remain relevant points only in consideration for the IJTEHADI process and not sources in themselves for sure. The reasoning for the former two among the so-called additional secondary sources to Islamic commands, is taken from Ahadith that relate to elimination of harm among Muslims yet the fact of the matter is this that Ahadith mentioned as relevant to take them up, do not address ISTEHSAN at all and as such, do not validate it at all while ISTESLAH, that also is not based positively to but based on neutrality to the KITAB and the SUNNAH, has to be omitted at these present times as it needs pious practicing Muslims at authority committed totally to Islam only which we lack at these present times so much. When we all understand these Ahadith in their right context, we would see well that they indicate the care for AKHIRAT only without addressing ISTEHSAN and even ISTESLAH as taken without reservation; I, MSD, would discuss this insha-Allah at the section about the Key-Statements. The omission of these two at the IJTEHADI process is certainly better rather necessary, in the environment as of now and it is fair to state that ISTEHSAN never was lawful to take into consideration in USUL Al-FIQH as Respectable SHAFA’I very rightly clarified about it at its very onset but with time, as the Muslims slacked in putting Islam to practice, many of them took ISTEHSAN as an excuse only that made some unworthy grounds in it. Those who advocate for it at these current times indicating that with time it went on becoming acceptable, must understand that it made grounds only due to the slack of Muslims in practice of Islam in the collective manner; it was not because it commanded any value in IJTEHAD while there remained always some very good challenge to it. As even at the ancient times, ISTEHSAN came under criticism so there is not much to tell about it as the previous reasoning against it does well; the only additional remark to that previous argument is that it was not as dangerous to apply as now in these current times since a century or so. The ruling for the transplantation of organs that are not built-up by the body again (especially kidneys) is based on ISTEHSAN whereas the KITAB clearly states, “Allah has cursed the Satan; and he had said: Most certainly I will take of Thy servants an appointed portion- And most certainly I will lead them astray and excite in them vain desires, and bid them so that they shall slit the ears of the cattle, and most certainly I will bid them so that THEY SHALL ALTER Allah's creation; and whoever takes the Satan for guardian rather than Allah, he indeed shall suffer a manifest loss. Satan gives them promises and excites vain desires in them- and the Satan does not promise them but to deceive. These are they whose abode is the hell-fire, and they shall not find any refuge from it” (Surah NISAA-118 to 121). It certainly is soothing to learn that many of sincere ULAMA do not appreciate transplantation even at these current times and have taken stance against it as the Islamic teachings explicitly guide. There are other worse atrocities that appear by the name of ISTEHSAN at the surgical field at these current times; may Allah save all Muslims from all atrocities; Al-Hamdu Lillah. As for ISTESLAH, the notable point is that it had some value in previous times remaining under the KITAB and the SUNNAH and so it was accepted by all four notable IMAMS in their own respective ways yet its application too is certainly contrary to Islam in today’s scenario since a century or so. ISTESLAH relates to adopting necessary adjustment required to take the matters of life ahead without challenging any of Islamic teachings yet mostly it has been applied at few issues in such ways in the present times that it has shown adversity to the Islamic teachings in the long-run though in essence, those issues were among the MUBAH certainly. For instance, note that the establishment of few institutions on the basis of ISTESLAH (that relate mostly to Education, Medicine and Law), has led to challenging the Islamic teachings that the KITAB and the SUNNAH provide and as such, it has proved unworthy to take at IJTEHADI process in these current times. This is due to the fact that the collective set-up of the environment has undergone such difference from the previous times since a century or so, that the hold of these institutions at matters have led to flaws at the practice that the Islamic teachings ask for; these flaws were enhanced by many of Muslim persons even, who had developed much insincerity in them towards the teachings of Islam. There is a rule in USUL AL-FIQH that whenever MUBAH (that act upon which no commendation is shown - neither upon its performance nor on its omission) is raised in status by some strict practical adherence to it or is raised in status by giving it some unworthy significance that adversely affects some matter that relates to the Islamic SHA’AER (such significant practice of Islam that manifests the teachings of Islam beautifully), it turns to become BID’AH (i.e. the challenge to the Sunnah of the Prophet PBUH); this also is notable that whenever the man asked for his convenience by his own without true attention towards Allah, he rather got hardship only as he is never so capable as to judge the true benefit of the mankind in the long-run activity. The Muslims in general were caring to Islam in their practice at the times gone-by and the men at authority then, even with their atrocities in practice, had to care for their inclination to Islam even if that arose due to the fear of their retaliation. However, from the previous century, the set-up for governing the people all over the world has transformed to such manner that the application of ISTESLAH could only lead to adversities in these current times; the officials among Muslims care but little to apply Islamic rulings to the environment even in their own individual capacity and the Muslims in general lack the direction to make things better in these current times; may Allah help the sincere Muslims to make things better; Al-Hamdu Lillah. The common Muslim person has to go through much high documentation today even for simple matters of property and of personal identification; we also do have complicated official dealing for matters that relate to simple economic necessities just due to the initial tolerance to these official things that ISTESLAH asked for, though these all, strictly by Islam, are obvious atrocities that put people into high trouble. Further clarity to this might come if the good observant Muslim person, sincere to Islam, sees the institutions around that have little regards if any, to the Islamic command of HEJAB for women and that have little regards if any, to the Islamic command of justice that there shall occur no injustice to any person including even those persons who have committed crimes; they even would not be humiliated; Al-Hamdu Lillah. ISTEHSAN never had any worth in the process of IJTEHAD while ISTESLAH though taken as totally subservient to the KITAB and the SUNNAH by presentation, has certainly led to misjudgment only whenever it was applied, since the last century; the good Muslims who are sincere to Islam, have to eliminate atrocities that these both already have caused at Education, Medicine and Law, by their collective effort remaining most attentive to Allah; Al-Hamdu Lillah. IJTEHAD is such process that totally relates to the KITAB and the SUNNAH, having its conditions for the Subject and the Object, and it is not some vague term in any way. For its assistance, in the kind of IJTEHAD that is termed as ISTINBATI, these four things do have notable status that are ISTESHAB, ‘URF, SADD-e-ZARAI and the ruling by any of the prominent SAHABA at some debatable issue of concern; these things certainly have the capability to provide magnificence to all IJTEHAD; Al-Hamdu Lillah.
4c-Note about the four so-called additional secondary sources to Islamic rulings that they are among the key-statements of FIQH but as they also have significance at such IJTEHAD that is ISTINBATI so they closely relate to USUL too. Besides these four, there are other key-statements too that assist in ISTINBATI and our study would study three of them ahead in this paper insha-Allah. Now, ISTESHAB means to retain the ruling on an issue that is already in application for it when some doubt takes place on that issue for some reason, ‘URF means the recognition among the good practicing Muslims about something as acceptable that does not challenge Islamic commands, SADDE-ZARAI’ means stopping of means to wrongs especially the shameful attitude and the fourth is the ruling that has been given by any of the prominent SAHABA-RA upon an issue as it also has its worth at consideration of some debatable issue which has some connection to it. The MUJTAHID applies ISTESHAB where there is need to lift-off some doubt about the ruling for an issue that is already available; it only confirms the available ruling. The example for this is that if someone has a doubt if his WUDHU has ended or not, the ruling by ISTESHAB would state that it is intact; the Prophet PBUH has said, “When one of you is in the mosque and has doubts that he has passed wind then he must not go out till he has heard a sound or has perceived a smell” (Tirmidhi). The second is ‘URF that means the recognition among good practicing Muslims about something as normal and they care for it in practice as it does not challenge any of Islamic commands. This implies that it is ‘URF-SAHIH (the right recognition) so it does not violate the practice of any of Islamic commands; and it does not find rejection in practice by the righteous practicing Muslims; and it does not present any doubts where applied; and it does not become liable to change just within a short span of time but it is settled as continuous recognition among the Muslims. ‘URF then becomes an important recognition for something at a specific area; MUJTAHID accepts it at face-value when it does not fall against the clear Islamic teachings without any inclination to take it as something necessary to see, in general. ‘URF mostly relates to speech that applies at business transactions and at marital contracts where the meanings, that are assigned to words at specific areas, are obvious by ‘URF and are most significant in presentation of issues there; as such, ‘URF is important in the process of IJTEHAD, mostly in ISTINBATI though it has its importance at TAUZIHI too which relates to seeing of terms in speech. The third is SADDE-ZARAI’ that certainly has much value in the IJTEHADI process as it means to stop the means that have high potential to lead to any major sin. When the Holy Book Quran asks not to commit any shameful act, it says not to go near to it; AAYAT-32 of Surah BANI-ISRAEL reads, “And go not nigh to fornication; surely it is an indecency and an evil way”; see also Surah-AN’AAM-151 which also forbids to draw nigh to indecencies. In Surah AARAAF, AAYAAT 19 to 23 tell us that Allah ordered Adam & Eve (Salaam on both) not to even go near a tree so that they do not ever come near to eating its fruit; due to their mistake that they made about it because of temptation by Satan, their respective hidden parts came into view of each other; there are other AAYAAT too about this and so it is totally clear that SADDE-ZARAI has an important place in the process of IJTEHAD, especially for avoidance of shameful acts. One of the authentic AHADITH narrates that, “The lawful is clearly defined and the unlawful is clearly defined, but between them are matters that are doubtful. Many of the people cannot decide whether they are lawful or unlawful so, he who avoids them to guard his religion and honor, has indeed taken the safe path” (Tirmidhi). The last is the ruling that any of prominent SAHABA-RA has given on some issue so that too is worth considering in IJTEHADI process where some debatable issue needs to see it due to some connection to it; this is due to the fact that IJMA’ of SAHABA has high worth in understanding of Islamic commands and as such, even the IJTEHAD of any one of the prominent persons among them certainly has significance. Many Ahadith have appreciated the prominent SAHABA to show their esteemed status and so MUJTAHID would see the rulings of any of these prominent SAHABA in IJTEHADI process of ISTINBATI for related issues. However, the most important thing for MUJTAHID is that he would remain most committed in his IJTEHAD (that is ISTINBATI), to the KITAB and to the SUNNAH of the Prophet PBUH; Al-Hamdu Lillah.
4d-Note that IJTEHAD is not an independent source to get Islamic commands so it would necessarily have some reasoning by the KITAB or/and the SUNNAH for its authenticity. It has worth for general application only due to its high acceptance among Muslims for practice which would raise its rank to some status of IJMA’ though that even is not an independent source; IJMA’ relates to acceptance of some specific IJTEHAD in a debatable issue. The term “IJTEHAD” literally means to strive to the utmost level taking hardship on the self in some activity. However, in Islam, the striving person must be Muslim who has caliber (i.e. he is MUJTAHID), compatible to judge about some issue and the issue in question must be open to debate, where it does need consideration by Islam. So with this meaning, Islam does indicate some necessary conditions that are related to the Subject (i.e. the MUJTAHID) and the Object (i.e. the debatable issue in study that needs its ruling by Islam) and presently we would study those conditions insha-Allah, for the term IJTEHAD. By the Islamic teachings, the necessary conditions to note about the Subject for IJTEHAD include that (1) he must be learned Muslim person, adult & wise, committed to Islam in practice; (2) he must be totally attentive towards Allah, who puts His commands in practice with total love in heart for Him; he must also have in heart, total love for the last Prophet Muhammad PBUH with high respect, and love for all other Messengers of Allah too with high respect; (3) he must know Arabic to get the meaning of the Quran by reciting it directly and even to get the manner of expression of the Quran; (4) he must be well-versed in Islam and this implies that he must have most appreciable knowledge of the Holy Book Quran & of the established Sunnah (especially of authentic Ahadith that are much related to rulings) plus IJMA’ that have taken place on different matters of importance with some idea about the status of every significant IJMA’; (5) he must apply his ability to utmost height to get the Islamic ruling for some debatable issue by utmost observation of the Holy Book Quran and by utmost reflection on the Sunnah for that debatable issue; he has to support his IJTEHAD by reference preferably from both of them with “positive” reasoning; he must be aware of facts about the moot issue at his observation. As for the Object for IJTEHAD, note that IJTEHAD strictly relates to getting rulings by Islam about issues; even in them, it strictly relates to only those issues that ask immediate judgment at some given time when they are open to debate; in other words, IJTEHAD would seek the Islamic ruling to practice for issue that is open to debate whereas that ruling is not clearly stated in the KITAB or/and the SUNNAH. The second thing here is that it is not taken as the final answer to the issue but that “Most Probably”, this is such ruling in this issue that leads to get the pleasure of Allah; though this implies that it would still remain open to debate by other MUJTAHID of caliber yet the option closes where its ruling has remained in continuous practice among the good Muslims for substantial period of time without causing any problem whereas the basic commands of the KITAB and the SUNNAH never change; Al-Hamdu Lillah. Muslims have the liability to fulfill some significant ruling by IJTEHAD in general practice only when IJMA at some status takes place on it when and where necessary though very high acceptance of some IJTEHAD does have value to bring it to the status of weak IJMA’; this is quite acceptable in the scenario we face today. Where the IJTEHAD does not achieve such value by getting IJMA’, it would remain binding only to its MUJTAHID in practice and to all those who take it up considering that most probably, the pleasure of Allah is in this; Al-Hamdu Lillah. Keeping to this clarification, note that IJTEHAD is the highest of intellectual effort of the competent Muslim person who is at the level of MUJTAHID, who ponders at the KITAB and the SUNNAH and tries hard to get the positive reasoning for the ruling he presents, from both of them, with total attention towards Allah only; he works on such matter that is open to debate by Islam that needs a clear judgment fast in a given situation and when he comes to it, he takes it as most probably, the best ruling for practice at the issue to get the pleasure of Allah, without insistence that it is the only right way to practice here. With this given statement in view, note that IJTEHAD is not any personal opinion so any worthy ruling by it where needed, would become highly valuable as the practicing Muslims take that in their practice in substantial number at these highly trying times; Al-Hamdu Lillah.
4e-Note that IJTEHAD has three kinds by the text-book; TAUZIHI, ISTINBATI and ISTESLAHI. This last one enfolds both ISTEHSAN and MASALEH-MURSALA (i.e. ISTESLAH) in it, which relate to it indirectly and directly respectively; I, MSD, have already remarked that these two have no worth in the process of IJTEHAD now as they would lead to erroneous judgment in today’s scenario where the collective matters have inclination but little towards the KITAB (the Holy Book Quran) and the SUNNAH in practice; so there remain two kinds only of IJTEHAD now, TAUZIHI and ISTINBATI. The manner of observation for the moot issue at discussion by ISTINBATI, includes the four so-called additional secondary sources for Islamic commands and it also includes “QIYAS” that commands very high value in the study of IJTEHAD in the subject of USUL Al-FIQH; but the manner of observation by ISTINBATI does even have more to it than these for certain as it even takes TAUZIHI in this manner because they are not mutually exclusive. It is well insha-Allah for MUJTAHID to apply ISTINBATI at the Holy Book Quran yet that must come at fore minus QIYAS keeping strictly to the SUNNAH of the Prophet PBUH. So, for the purpose of understanding IJTEHAD by simple way, the division by two kinds, TAUZIHI and ISTINBATI, does have validity that rightly indicate TAZAKKUR and TADABBUR at the Holy Book Quran respectively. The interesting thing to note is that ISTINBATI is based on clear positive indications of the KITAB and the SUNNAH while ISTESLAHI is based on the notion that by it nothing challenging to the Islamic teachings comes at fore; this difference does clarify well for certain why ISTINBATI has its worth and why ISTESLAHI does not hold good in the process of IJTEHAD as of now where in the name of unchallenging attitude to the KITAB and the SUNNAH, there has occurred much of misjudgment at issues as the past century has proven. As ISTINBATI is not limited to QIYAS, it is not improper to say in today’s scenario, that all worthy acceptable IJTEHAD (including TAUZIHI) is ISTINBATI for certain. TAUZIHI would apply even without taking of ISTINBATI as it goes up-to certain level, yet ISTINBATI takes everything related to Islam to come to its ruling on a debatable issue with total attention towards Allah only. Note that TAUZIHI relates highly to the understanding of the word at the NASS (i.e. the KITAB and the SUNNAH), especially of the KITAB. This includes the consideration of its meaning in it, the further indication that might relate to its meaning, its usage by speech and even its omission if there is an indication to that in the text; it also takes its placement into account and all other relevant points about it there. At the Sunnah, the word applies significantly only to its common meaning without taking any stress to get it. The application of four terms as the manner to understand Islamic commands especially by the Holy Book Quran, relate to this kind of IJTEHAD; these are “IBARATUN-NASS” (what the words clearly present), “ISHARATUN-NASS” (what the words clearly present though that is not the issue under discussion directly), “DALALATUN-NASS” (what the words denote by extending the impact of the meaning of those words) and “IQTIDHAUN-NASS” (what the complete sentence denotes by acknowledging an unmentioned yet understood word as present there at the appropriate location). Both TAUZIHI and ISTINBATI would necessarily keep the Sunnah in view though ISTINBATI must also care lots to keep in view all other AAYAAT of the Quran that are relevant to the AAYAT it observes. Note that QIYAS also comes under the head of ISTINBATI by designation though it is important to see for MUJTAHID that he applies QIYAS at the SUNNAH only where needed and he applies that to the Quran at TAZAKKUR only with high care; ISTINBATI in itself, relates to TADABBUR and it is not feasible to apply QIYAS to the Quran at TADABBUR; Al-Hamdu Lillah. Now going ahead, we have to study two ways, both of them related to both of these IJTEHAD; those ways are MUTLAQ and MUQAYYAD; Al-Hamdu Lillah. The former means to decide the Islamic ruling on some moot issue that has arisen currently, directly from the KITAB and the SUNNAH while the latter means to make some clarification, often petty in nature, on an issue that had already been decided by MUJTAHID previously; we had got it through them previously too from the KITAB and the SUNNAH only, in the indirect way. Today, we Muslims need to decide the Islamic attitude, getting to the Islamic ruling, in response to the usage of different modern gadgets that have come into the lifestyle, by MUTLAQ keeping strictly to the KITAB and the SUNNAH of the Prophet PBUH certainly. This is because the previous rulings are not much relevant to designate their usage in the current times. Moreover, there is much intermingling of the Muslim persons with the Western people today who have awareness to Islam but little. This intermingling takes place even through the electronic and social media, besides the print media, that does ask too for the Islamic attitude clear and fast. Certainly, this way of IJTEHAD does need utmost good understanding of Islam strictly on the basis of the KITAB and the SUNNAH yet it is quite achievable once the practicing Muslims that are among ULAMA try their best to rise at the status of MUJTAHID by study and more than that, by asking Allah for that status and then they rise practically to the task; Al-Hamdu Lillah. Note that today we Muslims have three types of issues that are related to IJTEHAD in character and among them the issues at the third type need high concentration for sure to keep to Islam practically in the present times. The first are those that we Muslims needed before and that we need now too and their need is till all times ahead, to fulfill the Islamic commands given in the KITAB and the SUNNAH because they provide the guidance in clear terms that is totally necessary to take-up well to practice those Islamic commands; in them are those important rulings too that relate to five pillars of Islam; Al-Hamdu Lillah. The practice of SAHABA or/and the directions of the four prominent IMAMS with others of equal status to those IMAMS at their times have decided these issues well for all times and places according to the KITAB and the SUNNAH for ease in their necessary practice; these are totally settled issues that need total attachment to them in practice; the practicing Muslims do follow them and do not challenge them by any of two ways i.e. MUTLAQ and MUQAYYAD; Al-Hamdu Lillah. The second are those that we Muslims needed before due to the guidance provided specifically in the authentic Ahadith and we do still need them though we have to fulfill their asking in these current times rather than to take them at face; example for this are the rulings relating to the weaponry of old when and where applied for the necessary QITAL that their rulings would apply in these current times to the modern weapons by the compatible way keeping the essence of those rulings intact according to Islam; the ruling for LUQTA (any thing of value lying somewhere at ground with no evident claimant to it) so its ruling would apply in these current times by the good announcement by the finder at some specific program relating to people in general at electronic or social media so that certainly would do well at present times as the main thing here is to announce the LUQTA as much as possible to all according to the Islamic ruling; the rulings by Islam relating to means of conveyance given at those ancient times, as that were mostly related to horses & camels then, would apply onto the modern means of conveyance in these current times by the manner best suited for now, with care to avoid all shameful attitude and to avoid all unjust attitude; the ruling for purity of water at wells that were commonly used in those days (even up-to previous century) but now their usage is limited where the old ruling would apply yet in general, the ruling for purity of water would care for our present system of its provision and it would see that no significant difference to it takes place that is related to change in its color, smell or/and taste as FIQH has explicitly ruled to take this into account according to the ruling for its purity. Other such old rulings too are included here that would manifest fairly in practice when their specific asking does apply in practice as they stand at Ahadith only; there were such Ahadith that presented the ruling for an issue as the Sunnah at the times of the Prophet PBUH but there were SAHABA who did not take it at face and fulfilled their asking only due to some obvious reason as we would see ahead; the Prophet PBUH accepted their stance without any blame to them. Muslims would take high care that nothing averse to the Quran and even to other authentic Ahadith takes place in such practice; this does need collective stance of ULAMA of repute. When there is confusion as to taking an issue at the first type or at the second type, then it must be taken at the first with strict adherence to it for sure; Al-Hamdu Lillah. The practicing Muslims would practice these second type of issues with observation that their practice does not cause any disrespect to Ahadith in any way; they would fulfill the actual asking of rulings on them without degrading the previous rulings as there is a Hadith that validates the taking of asking of the Sunnah where there is some debate at an issue. It tells us that the Prophet PBUH commanded on the day of AHZAAB that “No one of you should pray ASR until you reach BANU-QURAYZAH. While they were on their way, the time of ASR came. Some of SAHABA-RA said we should not pray until we reach BANU-QURAYZAH. Others said we should pray ASR now because the Prophet (PBUH) did not mean for us to leave the ASR prayer (on its time), but he wanted us to follow in haste. So some of SAHABA-RA prayed ASR, while others continued on until they reached BANU-QURAYZAH after sunset. When they went back to the Prophet PBUH, they mentioned to him this all and HE DID NOT BLAME either one of them"; this is reported by Bukhari; Al-Hamdu Lillah. The first type of issues presents no problem to practicing Muslims as these issues are necessary to practice; they are settled from the old times and they are well at manifestation even now having no need of any touch in any way; Al-Hamdu Lillah. For issues at the second type, the ULAMA of repute need to apply IJTEHAD (that is TAUZIHI) by the way of MUQAYYAD as they would recognize them well and they would decide them well, seeing collectively that nothing averse to the KITAB and the SUNNAH takes place; Al-Hamdu Lillah. The problem does appear at the third type of issues that need clarification for practice and that are those which we Muslims are facing today whereas these issues had no presence at the days gone-by; these issues had appeared due to ignorance for limits to usage of the modern gadgets and due to impression of the media that has brought awareness to eastern people of the lifestyle of the west today; as these issues were never encountered before so MUJTAHID offered no interpretation to their application according to Islamic teachings previously. Now, while the issues at the first type do not need any IJTEHAD at all and the issues at the second type relate to such Ahadith that need IJTEHAD that is MUQAYYAD so as to fulfill the asking of the Sunnah, these issues at the third type need IJTEHAD that is MUTLAQ though that even must necessarily have some reasoning in the positive manner by the KITAB or/and the authentic SUNNAH without fail; the notable point here is that it would take something positively from these two primary sources to Islamic commands and it is not enough in this IJTEHAD to see only that nothing averse takes place to these primary sources, as to see debatable issues in this manner is erroneous, especially in these present times where the persons at management of affairs care but little about Islam. We Muslims face huge challenge at the present times as the change in the living style, due to the modern gadgets that have come into common use and due to high interaction that have occurred between the Muslims and other peoples of the world by the media, has affected people much all over the world in this current era; we Muslims need to decide for the necessary Islamic attitude in these issues fast so that even if this change does affect, it does not affect us adversely at the collective level. Never ever before in the history of the mankind has such change in the lifestyle of the man occurred so fast and so big; this is not only due to the Satanic thought that has affected many of men today which takes the man as an animal only, but it also is due to the practical application of that very Satanic thought taking the worldly life as the only thing to care, forgetting Allah and forgetting that we all have to answer to Him at AKHIRAT. But Islam comprises of the commands of Allah, all of which He provided at the golden period of the last Prophet Muhammad PBUH in essence; Al-Hamdu Lillah. Now, as there is no addition or omission to it, I, MSD, would point-out the general attitude to take for modern gadgets in these present times by the KITAB and the SUNNAH at Conclusion in this writing insha-Allah yet the actual work to do in this direction is for the most prominent ULAMA of repute; Al-Hamdu Lillah. ULAMA agree that IJTEHAD is collective obligation (FARDH-KIFAYAH) of all qualified compatible MUJTAHID in the event where an issue arises but no urgency is encountered over its ruling but it is personal obligation (FARDH-AYN) of each of those qualified compatible MUJTAHID in the urgent case; we certainly need the collective IJTEHAD good for general practice fast at these current times; Al-Hamdu Lillah. If the prominent ULAMA do not present Islam in utmost clear terms in today’s scenario collectively then it would not only be against the good status they enjoy but it would also lead Muslims generally to think erroneously that Islam has become inefficient to deal with their current problems; may Allah help us Muslims in these most difficult times so that we steadily believe in Islam; Al-Hamdu Lillah. Here even TAQLID (following any of the four prominent IMAMS) would not do as TAQLID does not give answer to these issues that we face today; here what we need in clear terms, is IJTEHAD that is MUTLAQ. The MUJTAHID would care for TAQLID in the settled issues taking them from the previous rulings that assist in the practice of the KITAB and the SUNNAH for certain yet we do need MUTLAQ for many modern issues at hand. The urgent need for IJTEHAD that is MUQAYYAD in the second type of issues, is still not much difficult to tackle for ULAMA of high repute; Al-Hamdu Lillah; yet the urgency for MUTLAQ does seem to present much problem by the Islamic view today which is highly needed at the issues of the third type; the persons at influential positions who do care truly about Islam with authority in management of affairs of people, would do well here if they keep to Islamic values indeed. This is most notable that though the legislative organ of an Islamic state, when it takes the KITAB and the SUNNAH into practice, has the capability to assist in such MUTLAQ kind of IJTEHAD where the conditions to the subject and the object are present, yet even that organ is unable to abrogate any of basic commands that any of the two primary sources present; this is for the simple reason that Allah only is the absolute Authority to provide the Law and it is His will only that determines good and evil. He has provided the true guidance clearly by the Holy Book Quran in principles and by the Sunnah of the Prophet PBUH for practice of those; so the Muslims would use the authority they have or achieve only to put all commands of Allah into practice and even the consensus (IJMA’) is totally subservient to the KITAB and the SUNNAH; the legislative organ can explain them but never can overrule their explicit injunctions; Al-Hamdu Lillah.
4f-Note that QIYAS, that is essentially a component to the kind of IJTEHAD that is ISTINBATI, is mentioned with high esteem in USUL Al-FIQH. It literally means “to measure something in specific units with some appropriate measuring tool”. In accordance to this, the specific meaning that the USUL takes for it is “to rule for an issue that is yet open to debate and that ruling takes place according to the ruling on a previous issue that is known to be good for practice by Islam; this is because the previous issue is very similar in manifestation to it whereas the MUJTAHID judges that similarity by deep observation of the KITAB and the SUNNAH”. Due to its inclusion in IJTIHAD, the AAYAAT quoted for IJTEHAD are good for its validity too; see also Surah HASHR-2 where the term “FA’TABERU” is direct indication to QIYAS according to TAFSIR of many ULAMA of repute. The four IMAMS agree to QIYAS using it strictly in accordance with the KITAB and the SUNNAH, some putting it to use more than others. According to its definition given, QIYAS comprises of four things; these are ASL for QIYAS (the issue that already has the Islamic ruling), FAR’A (the issue open to debate in focus), the HUKM (the ruling that is needed) and the ILLAT (the specific cause that is similar between the ASL for QIYAS and its FAR’A which asks to ruling them identically). The good example for QIYAS is that as the dealings in the property of a child is made by his WALI (Guardian) so then his marriage is also to be made by his WALI as without that, it would not have validity; here the ruling for the former issue that the WALI manages the affairs of the child, is ASL for QIYAS, the issue of the child’s marriage is FAR’A, the ruling for the former applies to the latter too that is HUKM and ILLAT between them is that both, handling of his property and the issue of his marriage are his significant transactions, so as WALI manages one of them, he has the lawful right to manage the other; these both have the same ILLAT by TAZAKKUR at the Holy Book Quran (see Surah NISAA-6); Al-Hamdu Lillah. Another example is when UMAR-RA asked the Prophet PBUH if someone kisses his wife while fasting and the Prophet PBUH replied in words to the meaning that it is like gargling with water (and as such, does not break the fast). MUJTAHID would take QIYAS at the Sunnah as it is highly applicable there yet he needs to avoid its application to the Holy Book Quran on the level of TADABBUR though his QIYAS there by TAZAKKUR is reasonable; he gets it readily by the words of the Quran when he uses the four terms that relate directly to its understanding insha-Allah. QIYAS, when it assists in TAUZIHI for the Quran, is quite fine insha-Allah to apply by awareness of its text; but it is unfeasible to look for ILLAT by utmost observation of the text in the Holy Book Quran by TADABBUR as human mind is liable to err in getting ILLAT and if an error occurs here, it would cause grave error in judgment of the issue in focus; and surely Allah knows better; Al-Hamdu Lillah. Note here that finding ILLAT for QIYAS is challenging at the Sunnah too where the QIYAS is good mostly. ULAMA do know well that there are some issues where due to guidance of Ahadith, the clear asking of QIYAS has been abandoned; so MUJTAHID would remain very cautious to apply QIYAS to the Holy Book Quran, even when he applies it at the level of TAZAKKUR; Al-Hamdu Lillah. However, this does not imply that MUJTAHID would not take-up the deep observation at the Holy Book Quran as that is most appreciable for him but that must remain without any inclination towards QIYAS; this deep observation is inside the area of ISTINBATI that relates to TADABBUR; Al-Hamdu Lillah. In QIYAS, the meaning of ASL, FAR’A and HUKM are clear but the fourth term i.e. ILLAT does need some detail so our study for USUL Al-FIQH insha-Allah would see that briefly; Al-Hamdu Lillah. Note that ILLAT is not just a simple cause to an Islamic command but it actually is the specific cause that MUJTAHID gets by deep observation of the KITAB and of the SUNNAH that establishes the ruling for the FAR’A due to striking similarity between two issues, one of them decided and the other open to debate. There are three terms that relate to ILLAT and they have been coined due to its importance in QIYAS. The first of these terms is TANQIHE-MANATH (to observe ASL and clean different factors from it to get to the precise ILLAT there); the second is TAKHRIJE-MANATH (To observe ASL and then identify the precise ILLAT there) and the third is TAHQIQE-MANATH (to observe ASL and apply the ruling of it to the FAR’A due to striking similarity of the precise ILLAT in both). MUJTAHID would identify the precise ILLAT in ASL for QIYAS and he would discard all such reasons at that issue any of which, might seem ILLAT there; he would locate the specific ILLAT without any doubt and apply the ruling of ASL to FAR’A in the best possible way to make lawful ease in its practice. All of rulings at FIQH relate to HIKMAT (the Wisdom) so they denote the Islamic guidance in all issues and as such, they ask for necessary practice of Islam steadily; Al-Hamdu Lillah.
THE KEY-STATEMENTS
Besides the four so-called additional secondary sources that are relevant statements to the process of IJTEHAD that is ISTINBATI, there are other very important Key-Statements in FIQH based on the KITAB and the SUNNAH, that also do claim relevance at the IJTEHADI process. Although these Key-Statements are related to FIQH rather than USUL Al-FIQH yet they also assist ISTINBATI and as such, are very like the four so-called additional secondary sources; so they also are closely related to USUL. Note that we have studied two of these five very important Key-Statements, that have been named even as the “Five Normative Maxims” in FIQH, in the four so-called additional secondary sources; Al-Hamdu Lillah. These two are ISTESHAB indicated by words here that “Certainty is not over-ruled by doubt” and ‘URF indicated by words here that “Custom unchallenging to the Islamic Values, is highly significant”; these two are considered among the five important Key-Statements. I, MSD, would insha-Allah present the other three too that assist ISTINBATI (and that the “Five Normative Maxims” include) to make them seven in total; Al-Hamdu Lillah. I, MSD, would take these three in three pairs of statements, as both the parts of each pair of statements are very near to each other practically. Each of these pairs, like all the four Key-Statements mentioned before, is based on the KITAB and the SUNNAH, indicating some specific view that claims very high attention at IJTEHADI process and as such, in the Islamic Teachings; Al-Hamdu Lillah.
“Acts are judged by the intentions behind them”
“No Virtue in the good deed done to show-off”
“Harm must be eliminated but not by another harm”
“Stoppage of harm takes priority over asking of benefit”
“Hardship brings some temporary facility”
“Utmost Necessity makes unlawful as lawful temporarily”
The first pair of statements tells us that the person is not liable to any good return for such deed that is though good in nature by itself, yet he has done it to boost his own self only in the eyes of people; but this also is notable that “all persons are innocent until proven guilty” as ISTESHAB also tells that “certainty is not overruled by doubt” and as such, nobody is blamed unless his wrong intention is most obvious. UMAR-RA has narrated an authentic Hadith to this effect that the Prophet PBUH said, “Deeds are related to the intention behind them. And for a man is what he intends. If a man’s migration is for Allah and His Messenger, then his migration is (recorded) for them; but if his migration is for the world to earn it or for a woman to marry her then his migration is focused on that for which he has migrated” (Tirmidhi). Intentions do value for deeds and if someone has wrong intention not caring about the pleasure of Allah, then even if the work he has done is virtuous, he would not get its benefit at AKHIRAT. However, this also is notable that the Holy Book Quran says, “Repentance with Allah is only for those who do evil in ignorance, then turn attention (to Allah) soon, so these it is to whom Allah deals mercifully, and Allah is ever Knowing, Wise” (Surah NISAA-17); Al-Hamdu Lillah.
The second pair of statements tells us that though all Muslims would see that there remains no harm to Muslims in general yet they would take care that the solution to the problem does not cause another harm in replacement. Please note that “harm” actually means something averse to living of Muslims for AKHIRAT; it does not mean what people other than Muslims take as harm. There is another key-statement that is related to this pair that tells that “if a given situation asks to take one of two wrongs unavoidably, then lesser wrong of them has to be taken”; but this one is for the situation of IDHTIRAR (utmost necessity); nothing in key-statements applies to leaving anything of the true belief in any situation; Al-Hamdu Lillah. There is high misconception about this pair of Key-Statements as sometimes this has been taken without care to fundamental concepts that both the primary sources to the Islamic commands provide and at such times, even the term “harm” has been interpreted in most ordinary ways without care that harm actually relates to AKHIRAT that is mentioned here and not to life at the world. When the harm is of AKHIRAT, then it needs elimination as soon as and as much as possible but not by taking any such solution that results in hindrance to applying of some other Islamic command. When there seems both good and bad aspects to some issue, then it would be avoided in practice as to see to the avoidance of harm is priority here without care about the benefit; note that the Holy Book Quran does mention that though intoxicants have some worldly benefits yet their evil effects at AKHIRAT are much higher. The AAYAT reads, “They ask you about intoxicants and games of chance. Say: In both of them there is great sin and means of profit for men, and their sin is greater than their profit. And they ask you as to what they should spend. Say: What you can spare. Thus does Allah make clear to you AAYAAT, that you may ponder” (Surah BAQARAH-219); afterwards, all intoxicants were categorically prohibited by AAYAT-90 of Surah MA’EDAH. It is very important at the administrative level that no such decision is taken with this argument that the harm has to be eliminated unless it certainly is “harm” by Islamic manner and also, no such way is taken to eliminate it that is averse to Islamic manner. Due to some decisions to eliminate the so-called harm, mostly in the name of applying ISTESLAHI, there appear many official hindrances for the common man among Muslims who intends to live by Islam only, with total care to AKHIRAT; this sad situation that takes place by the attitude of ignorance to Islam by those people who hold responsible positions among Muslims, might lead to clash in the long-run period ahead among Muslims causing high anxiety to all Muslims though such clash is certainly not praiseworthy. It is true that Islamic teachings give importance to safety of life, of its honor, of lineage by birth, of mind and of property; yet it cares mainly for the safety of the true belief of Muslims. The Muslim person would not accept anything averse to his belief and he would not surrender the space for his good activities for anything; this is what this key-statement tells us. It is not a statement that is favorable to ISTESLAHI but indicates that the Muslims would care to live upon Islam with as ease as possible and if that manner of living seems highly difficult due to prevalence of FITNAH, then they would join hands to challenge the hindrance to their Islamic lifestyle but with as peaceful stance as possible; they would ask Allah to help them to eliminate FITNAH as soon as possible; Al-Hamdu Lillah.
The third pair of statements tells us that at IDHTIRAR (the utmost necessity), there is some margin to eat something that is HARAAM (that is strictly prohibited) or take-up such action that normally is not praiseworthy. Note that this attitude would not become JA’EZ even then but due to utmost necessity of saving the life, the person at such IDHTIRAR would have the margin to take the necessary amount of something HARAAM but even then only up-to necessity; he would have no inclination actually towards the disobedience of Allah but he would only hope at such situation that Allah would forgive his inclination to wrong. The Holy Book Quran says, “He has only forbidden you what dies of itself, and blood, and flesh of swine, and that over which any other (name) than of Allah has been invoked; but whoever is driven to necessity, not desiring, nor exceeding the limit, no sin shall be upon him; surely Allah is Forgiving, Merciful” (Surah BAQARAH-173). The most important point to note here is that it is allowed temporarily to benefit from filth to save life at IDHTIRAR according to AAYAT mentioned yet the AAYAT does not give any allowance for the violation of sanctity of any respectable thing, nor does the authentic SUNNAH give such margin. Note that if someone is near to his death and he finds human body to eat, he has to refrain from eating it due to the sanctity involved here according to Islam; this feature needs highest of attention where the sanctity of womenfolk is involved as there are matters today, mostly relating to medicine, where such violation does take place in the name of IDHTIRAR. Note well that even in IDHTIRAR, it is disallowed to violate the sanctity of anything to which Islam has provided respect and this tells directly that we do have to revise our attitudes fast where there is sanctity of anyone in consideration (mostly of weaker persons at the surroundings). When at one side, there is physical benefit of the life at the world and at the other side, the spiritual loss of AKHIRAT, we Muslims would leave such benefits and care only about saving ourselves completely at the life at AKHIRAT; the guidance in BAQARAH-219 that I, MSD, have mentioned previously about the intoxicants, endorses this beautifully; Al-Hamdu Lillah.
With all said, it is totally clear that IJTEHAD does claim high status in USUL Al-FIQH that enfolds two kinds, each having its own vast field for judgment of issues; TAUZIHI being directly connected to words of the KITAB and the SUNNAH, while ISTINBATI being directly connected to all aspects of deep observation of the KITAB and of the SUNNAH enfolding even TAUZIHI when and where necessary; Al-Hamdu Lillah. ISTINBATI enfolds QIYAS too and in addition, it takes high assistance by four plus three relevant key-statements too; so it takes all assistance of all Islamic teachings that the KITAB and the SUNNAH provide. In other words, MUJTAHID judges by the KITAB and the SUNNAH positively all debatable issues by his IJTEHAD (though of any kind) that come into his consideration without any inclination to making of rulings by his own at them and works for ease in the practice of Islamic commands that are the commands of Allah only, keeping the surroundings free of all injustice and free of all that is shameful; Al-Hamdu Lillah.
CONCLUSION
Please note here that Allah has power to do his work in different ways; He changed the environment to Islam in the first JAHILIYAT (era of ignorance to the fundamental teachings of Islam) by emphasis on ADL (that is by the Law that the Islamic Teachings provide) by His will; He might change the environment to Islam in this second JAHILIYAT by emphasis on EHSAAN (that is by the natural inclination towards good morality inside) by His will. Islam asks to believe that Allah only is the true Lord and that the man shall not take anything of injustice and that the man shall not fall in any of shameful (immoral) things ever; there is awareness to challenge injustice at present times (though the definition to “injustice” needs consideration) yet there is no response against the shameful attitudes that prevail at present times; and certainly, Allah knows better. The application of the Holy Book Quran with assistance of the Sunnah of the Prophet PBUH, proved the only true weapon that defeated the first JAHILLIYAT and it certainly is the only true weapon against this second JAHILLIYAT. The Holy Book Quran has indicated this second one that it would come besides the first JAHILLIYAT which prevailed when the Prophet PBUH started to present Islam. The learned ULAMA in TAFSIR (the understanding of the Holy Book Quran) have deduced this by the 33rd AAYAT of Surah AHZAAB that commands the wives of the Prophet PBUH in particular and all Muslim women in general to observe HEJAB, “And stay in your houses and do not display your finery (beauty) like the displaying of the FIRST JAHILLIYAT; and keep up prayer, and pay the poor-rate, and obey Allah and His Apostle. Allah desires to keep away the uncleanness from you, O people of the House! and to purify you by (thorough) purifying” (Surah AHZAAB-33). The AAYAT states about JAHILLIYAT in relative manner as it mentions it as “first” so it implies that there would yet come another JAHILLIYAT in manifestation, of high magnitude as this first one; so the relative mention denotes the coming of second JAHILLIYAT in the future as the statement would have been fine even without the mention of “first”; note that the words also are important by which we understand the meaning of the Holy Book Quran. This second JAHILIYAT is wholly in presence now all over the world that is asking all of mankind to commit to injustice in matters of life and that particularly is asking women to commit to much shameful attitudes without care to good morality. If the will of Allah is to end this present JAHILLIYAT by EHSAAN then the women among the Muslims (and even among other of peoples) would step ahead who would adhere fast to Islamic values by His approval; this adherence would manifest the good morality as Islam takes it, in all walks of life; note that the first JAHILLIYAT ended by QITAL (i.e. the war against the ill-wishers of Islam) where the men among the Muslims were able by the will of Allah to lead Islam to manifest, which spread justice all over the known world at those times and so it was by ADL that it ended; Al-Hamdu Lillah. Those times of ignorance needed care to end injustice from the surroundings whereas these times of ignorance need care to end the extreme shameful attitude with total attention towards Allah; Al-Hamdu Lillah. The world needs TABLIGH (the guidance to Islamic teachings) at present times as it might bring the observant persons who incline towards virtues, to Islam and it might bring the ill-wishers of Islam to make an honorable pact with Muslims to keep away from each other; this pact might provide them the time and space to understand Islam better; Al-Hamdu Lillah. The life of mankind does ask for adjustments time and again for which we Muslims need to present Islam by ADL or/and by EHSAAN, but at this moment of time, we have piled them up. However, the good thing is that physical adjustments need some period of time to affect issues yet in comparison, the adjustments required inside the man by Islam, need only to address them good, keeping all attention towards Allah; the work is done the moment we take it up; Al-Hamdu Lillah. Note that ADL is related mostly to the man while EHSAAN as an attitude, is related mostly to the woman for sure; Al-Hamdu Lillah. The betterment of the situation due to the betterment of women coming to practice of Islamic values now, is the notion that attracts wisdom; this is due to the fact that Satan is trying his level-best to tempt womenfolk, especially among Muslims, to deviate from the Islamic values in these present times; EHSAAN is the right keyword to guide all of them towards Islam; Al-Hamdu Lillah. This JAHILIYYAT is even more dangerous than before as the first one had not much of Satanic concepts behind it yet this one has Satanic concepts in different walks of life that has caused extreme FITNAH for the Muslims; it presents these concepts in organized manner with statements that the man is but an animal only and that he needs to live by secularism without any care to practice the commands of Allah, the true Lord, at collective level. Note that FITNAH means the prevalence of such Satanic impression in the environment that there remains little if any, chance to live according to the Islamic teachings in the collective manner. The Holy Book Quran clearly indicates to us that if we go on presenting the true guidance i.e. the Holy Book Quran according to the SUNNAH of the Prophet PBUH, to clarify how all must live upon Islam in all walks of life, that continuous effort in TABLIGH (that actually is part of JIHAD) would end this JAHILLIYAT insha-Allah as QITAL (that also actually is part of JIHAD) ended that JAHILLIYAT in the known world of yore; the Truth (that are the fundamental teachings of Islam) would manifest for certain all over the world with its practice at number of places even at these current times insha-Allah. Mostly, it has happened that only few persons stood-up for TABLIGH of Islam yet Allah gave power to that effort and it enlightened the lives of many people initially at other places than where those few people took-up TABLIGH. He is HAKEEM (the Most Wise) which means that He is shaping all things towards the way He intends and it takes many years sometimes for us to see how things have turned favorably for Islam practically; it took 2500 years for DUA of IBRAHIM-AS to manifest when Allah sent His last Messenger Muhammad PBUH at Arabia for all times and all places for which the Holy Book Quran narrates, “And when Ibrahim and Ismael raised the foundations of the House- Our Lord! accept from us; surely Thou art the Hearing, the Knowing- Our Lord! and make us both submissive to Thee and (raise) from our offspring a nation submitting to Thee, and show us our ways of devotion and turn to us mercifully, surely Thou art the Oft-returning (to mercy), the Merciful. Our Lord! and raise up in them an Apostle from among them who shall recite to them Thy AAYAAT and teach them the Book and the Wisdom, and purify them; surely Thou art the Mighty (AZIZ), the Most Wise (HAKEEM)” (BAQARAH-127, 128, 129). When YAQUB-AS (Jacob) interpreted the dream of YOUSUF-AS (Joseph), he told clearly that Allah would provide ways for the rise of YOUSUF as Allah is All-Knowing and HAKEEM (see Surah YOUSUF-6); at this Surah, we find this name of Allah i.e. HAKEEM at another place too that denotes that YAQUB-AS was totally sure that Allah would provide for such circumstances that would lead to rejoining of all members of his family (YOUSUF-83) and yet at another place where YOUSUF-AS remembers how Allah has made possible by His blessing leading the events to his rise and to the rejoining of all members of the household of YAQUB-AS (YOUSUF-100); Al-Hamdu Lillah. At AALE-IMRAN, Allah tells us; “He it is Who shapes you in the wombs as He likes; there is no god but He Who is the AZIZ, the HAKEEM (AALE-IMRAN-6). There are other places too at the Quran which tell that Allah is taking all matters practically to the way He intends and this name of Allah, like all His names, tells us that Allah only has the true authority; Al-Hamdu Lillah. The KITAB says, “And who is more unjust than he who forges a lie against Allah though he is invited to Islam; and Allah does not guide the unjust people. They desire to put out the light of Allah with their mouths but Allah will perfect His light, though the unbelievers may be averse. He it is Who sent His Apostle with the Guidance and the right path of life, that He may make it overcome the paths of life, all of them, though the polytheists may be averse” (Surah-SAFF 7,8,9). Note that I, MSD, have taken the pronoun “He” at the translation “that He may make it overcome the paths of life, all of them” to indicate Allah but note also, that it has been taken to denote the Prophet PBUH by some commentators on the Holy Book Quran and this affects the meaning. If “He” indicates Allah then Allah might make the world better by EHSAAN but if “He” indicates the Prophet PBUH then the good change by the will of Allah, might come in this second JAHILLIYAT too the same way as before i.e. by QITAL (the war against the disbelievers) by ADL as the following of the Prophet PBUH is necessary for all of us Muslims. It is the will of Allah that reigns over all His creation and He knows better; Al-Hamdu Lillah. We have to go on spreading the clear teachings of Islam according to the Holy Book Quran and the SUNNAH to get only the pleasure of Allah, and the result would come as Allah wills; Al-Hamdu Lillah. All Muslims are the UMMAH of the last Prophet Muhammad PBUH that have this obligation of providing TABLIGH to all peoples of the world collectively after him as that is necessary, no matter how the AAYAT is interpreted for the specific pronoun. Those among Muslims who take initiation of QITAL as the better option to do the job, they are not blamable if they care not to cause trouble to the innocent people, as that also is possibility due to the difference in TAFSIR of the AAYAT of AS-SAFF quoted; the part in the AAYAT -“He it is Who sent His Apostle with the Guidance and the right path of life, that He may make it overcome the paths of life, all of them”- has come also at two other places of the Holy Book Quran that are Surah Al-FATH-28 and Surah TAUBAH-33. May Allah guide all peoples of the world towards Islam; Al-Hamdu Lillah.
Note that the task of the Holy Prophet PBUH was totally related to the Holy Book Quran; that was to recite it (TILAWAT), to teach it well (TA’LEEM Al-KITAB), to provide all the necessary detail related to it well for practice (TA’LEEM Al-HIKMAH), to clean the hearts from any attachment towards the world (TAZKIYAH); see BAQARAH-129 that narrates DUA of Ibrahim-AS and Ismael-AS and I, MSD, have quoted it before; see also AAYAT-151 of the same Surah and AAYAT-164 of Surah AAL-IMRAN; read also the first four AAYAAT of Surah JUMU’AH; Al-Hamdu Lillah. It was the acceptance of this DUA when Allah gave rise to His last Prophet Muhammad PBUH to provide His message for all times to all of the world i.e. the Holy Book Quran and the Prophet PBUH explained it well practically over the years by his SUNNAH by the permission of Allah, Al-Hamdu Lillah. This AAYAT implies that all Muslims, as the UMMAH of the last Prophet Muhammad PBUH, have to believe firmly in the Holy Book Quran, have to go on reciting it, have to study it well, have to put it into practice well according to the SUNNAH and have to spread well all its fundamental teachings all over the world; these five things all Muslims would do individually and even collectively; Al-Hamdu Lillah. The problem among others that we Muslims face at these present times, is that the enemy of Muslims now has such leaders that take themselves to be on the highest level of the development of the mankind; it is impossible certainly to correct such persons who consider themselves already correct especially when they are highly strong physically by the possession of the modern deadly weapons too, that seemingly we Muslims are unable to neutralize as affairs stand at the present times; we must not initiate wars yet if put upon us then we must fight-on in defense with all available might, keeping total attention towards Allah only. Allah would certainly change the world to better as we know by authentic Ahadith yet we have to wait and see how that change takes place and meanwhile present Islam by TABLIGH to the utmost level of our capability; insha-Allah, it would either draw the enemy favorably towards Islam or either draw it towards an honorable pact with the Muslims that would neutralize its adverse effect against the Islamic mode of life; Al-Hamdu Lillah. Allah is the true Lord and it is His will that reigns totally over all His creation; Al-Hamdu Lillah.
Note that Ahadith tell us that we need to keep the life at the world to necessity and care for AKHIRAT, living with necessities. The last Messenger of Allah PBUH lived only with necessities by choice though he did provide for his needs and for his obligations yet never more than necessities. Following the Prophet PBUH, the true practicing Muslims need to perform such deeds well that give them the wonderful rise at AKHIRAT as certainly, all is well that ends well; all comparison to others shall remain for status at AKHIRAT and not for status at the world (see Surah AALE-IMRAN-133). The Holy Book Quran also tells us in Surah SHUARAA, the 26th Surah, that Prophet HUD-AS said to his people, “Surely I am a faithful apostle to you; so fear Allah and obey me; And I do not ask you any reward for it; surely my reward is only with the Lord of the worlds; do you build on every height a monument? Useless (without necessity) is it that you do; and do you make for yourselves palaces as if you will live therein for ever; and when you lay hands (on men for crimes) you lay hands as tyrants; so fear Allah and obey me; and have fear of Him Who has given you abundance of what you know. He has given you abundance of cattle and children and gardens and fountains; surely I fear for you the chastisement of a grievous day” (SHUARAA–from the verse 125 onwards). An authentic Hadith tells that the Prophet PBUH said, “If anyone refrains from wearing good (expensive) garments out of humility towards Allah though he is capable of wearing that then Allah will summon him on the Day of Resurrection at the head of all creatures and give him choice to wear any of dresses that represent the true belief” (Tirmidhi). Another narration that also is at Tirmidhi, relates that the Prophet PBUH said, ”Every spending is in the path of Allah, except construction; there is no good in it.” Keeping to this guidance, the Muslims urgently need to limit their usage of the modern gadgets as it presents at these current times without any reservation and as such, causes problems; it asks for much of injustice according to Islam and even shameful behavior in these current times; this usage relate much to the social and the electronic media. We are better as we try to live with style near to the times of the Prophet PBUH and note that even up-to the time that passed-away just a century ago, the set-up of the environment had not changed from the Prophet’s golden era in such drastic manner as we see now. The high intermingling of Muslims with other of peoples by modern means of communication (and by modern means of transport), has led to much trouble at the environment in which we are living today; it has the high impression of secularism in it that asks for man-made regulations at the collective matters of the man that relate to political, economic, judicial systems at the environment though it does give some liberty at the individual level to take up the belief and deeds according to choice yet even in that, it is becoming difficult to remain virtuous by Islam. This assumption that the two parts, individual and collective, of the man is liable to diversity, is against the teachings of Islam as it is DEEN that asks to put only the commands of Allah at all times and at all places; this means that it enfolds all matters of life as it instructs explicitly in principles for everything at the political, economic and judicial systems without being totalitarian. Many of changes in the environment on the basis of secularism have challenged Islamic teachings highly and the Muslims need to eliminate the adversities to them by such changes and also, need to see that even if changes do come into the environment, they do not become FITNAH to the practice of Islam. The adverse change at the current times in the set-up of environment from the golden era of the Prophet PBUH in such drastic manner, is causing just this problem as it is leading it to FITNAH. Note that Allah tells us in the KITAB that, “this day have I perfected for you your DEEN and completed My favor on you and chosen for you Islam as DEEN” (Surah Al-MAEDAH-3); Al-Hamdu Lillah. ULAMA of repute, rising to the status of MUJTAHID, must tackle this problem fast and the statement to which they must guide all Muslims with fervor together is that “the true practicing Muslims must use the modern gadgets strictly in specified limit” whereas the usage of modern gadgets relate here to all such things that have launched the electronic media and the social media to come in practice; they must also find ways to limit intermingling of Muslims with other peoples of the world with care that they practice Islam with total convenience; Al-Hamdu Lillah. The good deeds of the true practicing Muslims must reflect their belief totally that Allah is the True Lord and they have to answer Him at AKHIRAT, the true coming life; Al-Hamdu Lillah.
The significant aspect of the Islamic environment is that there must be the practice of the five pillars of Islam without any force of law so it would remain at the attitude of EHSAAN in the Islamic environment; yet they have to be practiced collectively by all Muslims as the Holy Book Quran teaches and the Muslim administration must facilitate the practice of all these five to utmost ability and if they do not manifest clearly at the Islamic environment collectively in practice then for the time-being, the Muslim administration would formulate ways that bring about their manifestation clearly. These five are DHIKR which means that the Muslims must recite-on the KALIMAH that denotes the glory of Allah always remembering Him in conversation and in all matters of life, five times daily SALAH, payment of ZAKAH (the charity amount) once a year, keeping of SAUM that is fasting in the holy month of RAMADHAN and performance of HAJJ once in the life-time; Al-Hamdu Lillah. These would generally remain in practice insha-Allah on EHSAAN only without applying any force of law and with these, it is necessary to eliminate injustice and shameful behavior from the environment totally as to care for “NAHI-ANEL-MUNKAR” (forbiddance of all wrongs) is highly important too at these current times in addition to “AMR-BIL-MA’RUF” (direction to all virtues) and we Muslims must care for both of these well with high fervor. There was such time, only few years back that had just ended, when two of the countries were mentioned as two high powers in the political sense; one of which inclined towards injustice while the other inclined towards shameful behavior as the necessary aspect to life; Satan had misguided both of them. Now, strictly observing by the Islamic Viewpoint, it seems that one of them has taken-up both of these wrongs and the world is still in need of an honorable system of life that is clean of all types of injustice and all shades of shameful behavior. The Holy Book Quran tells us to avoid these both wrongs in many AAYAAT mentioning them together as their avoidance would lead to the clean environment free of evil insha-Allah and as such, free of all adverse effect of Satan; Al-Hamdu Lillah. AAYAAT 168 & 169 of Surah BAQARAH read, “O people! eat the lawful and good things out of what is in the earth, and do not follow the footsteps of the Satan; surely he is your open enemy. He only enjoins you SOOU (injustice) and FAHSHAA (shameful behavior), and that you may speak against Allah what you do not know (that lead to assigning partners to Him; may Allah save us all from all evil; Al-Hamdu Lillah)”; see also AAYAT-268 of this same Surah in which the term “AL-FAQR” tells that Satan wants development of attitude using the tendency of fear inside the man, so that he might ask to live with all sorts of worldly assets putting his efforts to the life at the world only; that attitude certainly is injustice; this AAYAT also tells clearly by the term “FADHLA” that Allah would provide sustenance to those who really want to live at necessities with all their attention towards Allah only; Al-Hamdu Lillah. Moreover, it tells clearly if the Muslim person keeps his attention towards Allah only at such times when FITNAH prevails at the environment, He would grant forgiveness from His Blessing to him on the wrongs of sight and hearing if he saves his good belief on Islam and saves himself from major sins; in Surah HUD, an AAYAT reads, “And keep up SALAH in the two sides of the day and in the parts of the night; surely good deeds take away evil deeds; this is reminder to the mindful” (Surah HUD-114). Another AAYAT that hits injustice and shameful behavior together, comes at Surah YOUSUF that says, “And certainly she (ZELIKHA) made for him, and he would have made for her, were it not that he had seen the manifest evidence of his Lord; thus that We might turn away from him injustice and shameful behavior, surely he was one of Our sincere servants” (Surah YOUSUF-24). Note that Surah YOUSUF is the Surah that has many terms that have specific meanings by the Islamic perspective and Allah has used those words, both in the specific meaning and in the literal meaning here assigning them to the Egyptians at different places; Al-Hamdu Lillah. This tells an important aspect among the expressions of the Holy Book Quran that the meaning for a single word might differ at places according to its context; Al-Hamdu Lillah. Still another AAYAT tells us that, “Recite that which has been revealed to you of the Book and keep up SALAH; surely SALAH keeps away from shameful behavior and injustice, and certainly the remembrance of Allah is the greatest, and Allah knows what you do” (Surah ANKABUT-45). Surah NAHL indicates, “Surely Allah commands ADL (justice) and EHSAAN (natural goodness) and the giving to the kindred, and He forbids shameful behavior and injustice and rebellion (to Allah); He admonishes you that you may be mindful” (Surah NAHL-90). Allah commands for three things here and forbids three other things; the message here is that taking-up three good things in practice that comprise of all the righteousness would eliminate three bad things that represent all of Satanic misguidance. Here, an indication is given that EHSAAN eliminates the shameful behavior and ADL eliminates injustice; the spending towards the needy among the near ones for the pleasure of Allah counters any thought that might lead towards hypocrisy that in turn, might lead towards challenging the commands of Allah; the message for this part is that “INFAAQ” (spending from what Allah has provided) in the way of Allah, keeps away “NIFAAQ” (hypocrisy); Al-Hamdu Lillah. Studying other AAYAAT too, would clarify this even more that the Quran asks all Muslims explicitly to avoid all injustice and all of shameful behavior; these include AALE-IMRAN-135, NISAA-110, 111 & 112, ANAAM-151, NOOR-21, SHURA-37, MUHAMMAD (PBUH)-14, NAJM-32 and others that ask the avoidance of injustice and the avoidance of shameful behavior at one place; Al-Hamdu Lillah. Note that the Quran has targeted each of these both at many places yet I, MSD, have only indicated those that are among such AAYAAT that target them together. ULAMA know well that it is highly praiseworthy for Muslim men in general to learn Surah MA’EDAH good as it teaches the Islamic law that targets injustice directly; and that it is highly praiseworthy for Muslim women in general to learn Surah NOOR good as it commands about HEJAB that targets shameful behavior directly; Al-Hamdu Lillah. It is most necessary to present the looks of an Islamic environment, especially at these modern times, whereas we Muslims in general have yet to succeed to present the collective living manner by Islam to all peoples of the world with all care for humanity; the hindrance to this task is the negative impression of those modern gadgets that have paved way for the extensive usage of the electronic and the social media; the slackness of Muslims in presentation of Islam in clear terms, also counts for this sad state of affairs. We Muslims need to see the limit of usage to all such gadgets so that they apply only for virtues without application of any force from our side but only by such wise dealing of affairs that eliminate all injustice and all shameful behavior from the environment we live-in; then only, it would be truly feasible for us Muslims to live practically upon the Islamic values insha-Allah at the collective level; Al-Hamdu Lillah. Note that at these current times, we need to target wrongs by constant TABLIGH of Islam as that would firmly establish their negativity at the environment and that would lead all good persons to join hands to see to their elimination from the surroundings with high fervor; Islam certainly is the voice of the inside of the man and that tells that we do not have to take any sudden action for its practical application to the environment and we do not need any forced manner to apply it practically; the simple thing is that as we challenge all wrongs by the teachings of Islam, that would lead to their elimination and with that elimination, the voice inside would call-out well insha-Allah to the right path so it would manifest with convenience; Al-Hamdu Lillah. With all their efforts, Muslims would necessarily ask Allah to help them in these difficult times as He certainly, is the only true Lord; Al-Hamdu Lillah. May Allah give TOFIQ to all of us Muslims to live virtuously upon Islam and whenever our death comes, to die virtuously upon Islam; Al-Hamdu Lillah.
Completed at the Night;
12th of JAMADUS-SANI
1435 - (12th of April 2014)
Revised:
12th of December 2020
(7:30 PM)
Muhammad Saleem Dada
[email protected]
www.saleemdada.weebly.com
Al-Hamdu Lillah