Those in Authority Among You
O you who have believed, obey Allah and obey the Messenger
and those in authority among you (wa ‘uli l amri minkum). And if you disagree
over anything, refer it to Allah and the Messenger, if you should believe in
Allah and the Last Day. That is the best and ahsanu ta’weelan. (4:59)
On the basis of this ayat, we are all enjoined to be Ahl al
Wahy, those that follow revelation. We
have noted before that there are three forms of knowledge; acquired knowledge
gained through the operation of perception, intuitive knowledge gained through
the operation of the mind, and revealed knowledge gained through wahy or
revelation from Allah SWT.
The Mu’atazillah held that there were only two forms of
knowledge, acquired and intuitive. Based
on this, they held that although revelation started us down the correct path,
human beings, utilizing reason, could determine the right path to follow. Revelation gets us back on track, if we stray
off, but after that, we can rely on reason alone. The Mu’atazillah were Ahl al R’ayy or the
People of Opinion.
Abu Hanifa, Imam Zaid, Imam Malik, Imam Ja’afar, and Imam
Shafii, however, all held that wahy was the only source of certain knowledge
and the only source of the criterion for ethical action. This ayat proves that Islam means surrender to
Allah and obedience to His commands which are contained in the Qur’an, the Word
of Allah SWT, and in the Sunnah or actions, sayings and approvals of His
Prophet SAW. In saying that in case of
disagreement, we should refer it to Allah and His Messenger, Allah SWT is
telling us that His revelation or wahy is contained in the Qur’an and the
Prophetic Sunnah. These are the sources
of Shariah or Islamic Legislation.
Like all legislation, the Shariah requires enforcement. Enforcement requires interpretation. In Arabic, this is ta’wil. Allah SWT, in this ayat, says that the best
ta’wil is contained in the Qur’an and the Sunnah itself.
However, what do we do in the case where the ta’wil is not
apparent in the sources?
Here Allah mentions that Muslims must obey Allah, His
Messenger, and wa ‘uli l amri minkum.
Many make the mistake of interpreting this last phrase to
indicate those in political authority among us.
Because of this interpretation, some hold that it is haram to rebel
against political rulers. As we have
discussed in the blog post on Ashura, this is false.
Two words are important to indicating the meaning here. The first is ‘uli, from w-l-i, indicating
being a wali. A wali is the protector
and patron of another. He is an
authority figure, but as a protecting and sincere friend. From this term, we get wilayat or
governance. Here the term is used with l
amri, referring to amr or command.
It is easy to see how this would lead some to think this
phrase refers to political leadership.
After all, amr is the root of amir or commander. However, in this case, we come to
understand the usage more fully by looking at another phrase used in Islam, amr
bi al ma’ruf wa nahi al munkar.
This phrase is also widely misunderstood. This phrase does not mean to correct every
“mistake” in fiqh we detect in others.
“Commanding to the good” does not mean acting as the “wudu police” and
insisting on a particular position in fiqh based on a particular minhaj in usul
al fiqh. Amr bi al ma’ruf is not
commanding people to wiggle a finger a certain way in tashshahud.
Instead, this refers to a more general principle of encouraging
morality and discouraging evil behavior.
When Allah SWT states we are the best Ummah from among mankind, He says
this is because we amr bi al ma’ruf wa nahi al munkar. We encourage moral and ethical action.
Certainly, this general principle applies to our
relationship with humanity as a whole, but the first ayah quoted above refers
to those who have believed, the Muslims.
So how does this principle of amr bi al ma’ruf wa nahi al munkar apply
to Muslims?
As we mentioned in the blog post on Ashura, Imam Hussein
directed his efforts to preventing distortion within our deen. He commanded to the correct path and
prohibited distorted views. The
Ummayyads, following Mu’atizillah doctrine, held that reason alone could guide
humanity to ethical action. And so they
began to make that which was haram, halal, and vice versa. Therefore, Imam Hussein sought to stop this
distortion of Shariah law by amr bi al ma’ruf wa nahi al munkar. And he could do so because he was qualified
to make ta’wil or interpret the sources of wahy, the Qur’an and Sunnah.
Herein lies the key to understanding the meaning of ‘uli l
amri. These are those who are qualified
to be protectors and interpreters of the revelation. These are the mujtahid ulema. They are the ones who are able to discover
and interpret They are the ones who are able to determine the ma’ruf from the
munkar.
Imam Shawkani and Sheikh Uthaimin both mention three
approaches to the Shariah. The Muqalliduun, the Middle
Bridge People, and the Ulema. Allah SWT mentions that He has created
darajah amongst us. We are of different
temperaments, skills, proclivities and dispositions. We are not the same. Some are better at physical tasks, some at
mechanical jobs, some at building things, some at intellectual pursuits. We would not survive as a species if we were
all the same. And we know that any job
that we do can be a worship of Allah, for it is important for society and if we
do it in service of Allah, then we will do it with the correct intention. However, given these proclivities, it is only
natural that people will have different approaches to the religious
sciences.
Orientalists often tell us that Islam does not have a
priesthood. It is true, we do not have a
group of individuals whose are blessed with sacred authority and who are
essential for the effective and correct performance of worship rituals. Any Muslim can perform a valid act of worship
or ibadaat in Islam. However, we do have
religious authorities, the Ulema.
Most of us are not Ulema; we are muqalliduun, those that
follow. Taqlid is a controversial
word. True, blind following is haram in
Islam. No one should follow
blindly. Allah SWT tells us to think, to
contemplate, to understand. But given
our differences, and different roles in life, it is only natural that some will
focus on some sciences and not others.
Doctors, engineers, farmers, merchants, all have a role in human
society, and they have a right to rely on experts in Shariah and Deen to guide
them in religion, just as an Alim might rely on a doctor to treat his illnesses
or a farmer to grow his food.
So the muqallid has a right to rely on a religious authority
provided:
- He has researched the qualification of the one upon whom he will rely
- He is assured that the fiqh position held by the one on whom he relies is backed up by a dalil
- He should ask for the dalil of any fiqh position
- He is not required to memorize the dalil, but he should be certain there is on based on Qur’an and Sunnah, the sources of wahy
Given these considerations, the muqallid has a reasonable right
to rely on the expertise of a scholar in his fiqh positions.
As for the mujtahid alim, he is not permitted to rely on any
one else. He is obligated to follow his
own ijtihad, provided he has:
- direct knowledge of area in question
- knowledge of Ilm al Usul, Usul al Fiqh, Mantiq, Rhetoric, and Taariikh
- knowledge of the Islamic Sciences, including Uloom al Qur’an, Uloom al Hadith, Seerah, Nawh and Sarf.
The first proviso is very important. Most of our historical Ulema had direct
knowledge of the areas of study they issues fatawa on. Today, what few mujtahids we do have often do
not have direct knowledge. Imam al
Qaradawi relied on American Muslims and bankers in ruling on the issue of
mortgages on houses. And members of the
Fiqh Council of North America have no direct knowledge
of DNA and genetics, despite rulings on the
fiqh status of gene patenting.
On the other hand, Sayid Muhammad Baqir al Sadr, in his
research on economics, studied the primary texts of that science, himself. In the course of his work, he argued for
cooperative marjiyya or cooperative ijtehad, considering the vast expanse of
human knowledge and endeavor in the modern times.
The job of the mujtahid then is to determine the fiqh
positions based on his knowledge of the area of study, and the Shariah as
contained in the Qur’an and Sunnah. He
does so by developing a minhaj or criterion for determining the law and
applying it, and determining the dalil of each position he takes based on
Qur’anic texts, Hadith, the Maqaasid al Shariah (objectives of the Shariah) and
other considerations.
Such ilm and skill requires special education. Traditionally, the mujtahid were trained in Islamic
seminaries. Only a few remain today,
including Al Azhar, Zaytuna, Najaf and Qom. Most Islamic universities do not offer
adequate training in this area as they use modern educational methods and focus
on the training of imams and daiyyas, not mujtahids. The mujtahid requires the
Socratic method of learning so as to train the mind in how to think, not just
what to think.
One of the issues today is that the muqallid are often
confused by the ikhtilaf of the scholars.
A scholar has to look at an issue from all angles to ensure he finds the
right position. These gray discussions
are often confusing. The average Muslims
wants a clear statement. What do I
do? They rely on the Ulema to look at
the issue from all angles, and give them a clear statement. Understanding ikhtilaf is crucial to
preventing fitnah in our communities.
And so we come to the middle group, our imams and daiyyas. They are the bridge between the Ulema and the
Muqallid. Their job is to:
- know the Qur’an and Sunnah
- know Uloom al Qu’ran and Uloom al Hadith
- know the fiqh of their madhdaab or the mujtahid they follow
- know the dalil behind each fiqh position
- to be able to clearly state the answer to fiqh questions and provide the dalil
Our imams and daiyyas must be able provide the muqallid with
answers to fiqh questions in a clear fashion, and to provide them with the
dalil for that position. It is also best
if they have some knowledge of comparative fiqh and some understanding of the
reasons behind ikhtilaf, so as to reassure the muqallid that while the imam
feels that his position is the most sound, other positions should be respected
because they too are based on reasonable interpretations of the sources.
We should note that these approaches to the Shariah are not
hierarchical. Some of the imams and
daiyyas trained in Saudi Arabia
seem to feel this way and often are arrogant.
Such kibriyyah is haram. The only
thing that distinguishes one believer from another is taqwa, and the muqallid
is capable of just as great taqwa as an alim, perhaps even greater.
So, returning to the question at hand, who are the ‘uli l
amri minkum? Then, they are the
mujtahids, the ones who have the qualifications and training to be the wali or
protectors of the Shariah and who are capable of determining the commands and
prohibitions of the Shariah from the sources, the Qur’an and Sunnah. The muqallidun and the middle group of imams
and daiyyas are then commanded by Allah SWT to obey them. They have a reasonable right to rely on their
positions, provided they have done their own due diligence as to the
qualifications of the mujtahid and the soundness of his minhaj, and they have
each done their duty in understanding the dalil of the position.
Finally, we remind ourselves that this verse is not talking
about political leadership. As Abu Bakr
mentioned in his acceptance speech, if the political leader is in error, we are
expected to correct him. No political
leader has sovereign immunity in Islam, and no one is perfect or
infallible. This ayat is not a
prohibition on questioning or even removing a political leader if he is
despotic and oppressive. It refers to
following the rulings of the Shariah, be they in found directly in the Qur’an
and Sunnah, or in the reasoned rulings of the fiqaha and ulema.
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