Refutation of the Doctrinal Positions of the Dawlat ash-Shaytan: the Three Forms of Authority

The Three Approaches to Human Endeavor

Who are these people who invite to the good, who are the ones whom Allah SWT tells us to obey along with our Prophet SAW?  Both Imam Shawkani and Sheikh al-Uthaimin mention in their Usool al Fiqh that there are three approaches to the Deen. [1] In fact, there are three approaches to any human endeavor.  Many youth in our community are tech geeks.  They are not only experts in IT, but they “live and breath” that stuff.  Their fathers, on the other hand, use services but are “tech illiterate.”  So when Dad comes to his geek son and asks him a question about internet service, and why he is not able to access his email, the son asks all kinds of questions.  Is a browser open, can he access other websites, did he try to obtain a new IP address, can he ping his DNS server, etc? Dad is lost.  So he goes away.  All he wants is a clear, concise answer.  He does not want the “details.” The “details” tend to be complicated. Although they may be fascinating to geeks, they only confuse those without expertise.

We tend to prefer duality – black and white, right and left, right and wrong.  It’s simple.  But life is not always so simple.  The world is colorful; it is a complexity.  In areas in which we are expert, we understand the complexity, but we all expect duality everywhere else. 

So, Dad just wants to get his computer problem fixed. He wants a black and white solution. So, he calls… tech support. Tech support has a script, devised by geeks, that carefully, step by step, walks ordinary users through a process to discover the problem.  Dad gets his computer fixed and everyone is happy. Every aspect of human knowledge is accessed through one of these three approaches:  Users or muqallid, tech support, and geeks.  And in relation to any field of human endeavor, we are one of these.  In fact, in most cases, we are muqallid. 

Muqaliduun

For a moment, then we need to discuss the nature of Taqlid.  It is a loaded word these days, and very much misunderstood.  The Salafi, in particular, attack South Asian Hanafis and the Tablighi Jamaat for their practice of taqlid.  The South Asian Hanafi are taqlid in relation to their mujtahids.  They follow the fatawa of their shuyuuk.  On the other hand, the Salafi hold that the fatawa and opinions of the Salaf are binding in Shariah law.  What is the difference?  Hanafis follow the fatawa of their shuyuuk without question – in other words they hold these opinions to be legally binding; and Salafis follow the opinions of the Salaf as binding, in other words they follow them without question.  There is no real difference. 

However, there is a difference between taqlid and blind following. 

al-Baqara 2:170. When it is said to them:
"Follow what God hath revealed:"
They say: "Nay! we shall follow
The ways of our fathers."
What! even though their fathers
Were void of wisdom and guidance?

al-Maida 5:104.  When it is said to them: "Come to what God
Hath revealed; come To the Apostle": They say: "Enough for us
Are the ways we found Our fathers following."
What! even though their fathers Were void of knowledge And guidance?

Luqman 31:21. When they are told to follow The (Revelation) that God
Has sent down, they say: "Nay, we shall follow The ways that we found
Our fathers (following)." What! even if it is Satan beckoning them
To the Penalty Of the (Blazing) Fire?

All of these ayaat refer to following (t-b-‘a) that is based on ra’y or opinion and not reason.  Allah SWT states this when he mentions that the fathers were devoid of either knowledge or guidance. 

Here we will briefly touch on the Theory of Knowledge.  Knowledge, as understood in Islam, is of three types:  acquired or experiential knowledge (aposteriori) obtained through the operation of the perceptions, rational knowledge (apriori) obtained through the operation of the mind; and revealed knowledge (wahy) obtained by direct revelation from Allah SWT.  As Muslims, we hold that wahy  is the most certain form of knowledge.  Here Allah SWT mentions that the ra’y or opinions of the fathers are not based on any form of knowledge, either acquired or rational knowledge, and is not based on wahy or revealed guidance either.  It is based on mere conjecture, al-dzunn. 

6:116. Wert thou to follow The common run of those
On earth, they will lead Thee away from the Way
Of God. They follow Nothing but conjecture: they Do nothing but lie.

Following al-dzunn is blind, based on speculation alone.  It is at-taqleed al-‘amaa. This is not the following of those who amru min kum.  We are actually commanded by Allah SWT to follow them.  But not blindly.  We are commanded to follow them because they are qualified and are the experts in Deen.  We follow them because we have done our due diligence and have satisfied ourselves that they are qualified, that they have the judicial authority and expertise in jurisprudence to derive fiqh and amr bi al ma’ruf wa nahi anni al munkar.

The Deen Geeks and Deen Tech Support

As we noted above, there are three approaches to any human endeavor.  Most of us are muqallid or followers in relation to most fields of endeavor.  However, we may be competent in some fields and can explain that field to others, and we may be experts in some fields.  This is no a matter of hierarchy as some, including the Salafi shuyuk, have made it seem.  We remind ourselves that the only way in which a person is better than another is in terms of taqwa.

al-Hujuraat 49:13. O mankind! We created You from a single (pair)
Of a male and a female, And made you into Nations and tribes, that
Ye may know each other (Not that ye may despise (Each other). Verily
The most honoured of you In the sight of God Is (he who is) the most
Righteous of you. And God has full knowledge And is well acquainted
(With all things).

We should never think that our approach to the Deen makes us better.  That would be to commit the sin of Shaytan.

7:12. (God) said: "What prevented Thee from bowing down
When I commanded thee?" He said: "I am better
Than he: Thou didst create Me from fire, and him from clay."

38:76. (Iblīs) said: "I am better Than he: Thou createdst
Me from fire, and him Thou createdst from clay."

Arrogance is the Sin of Shaytan.  No human should ever feel he is better than another.  The only thing that elevates us above another is taqwa and only Allah SWT can judge that.  Egotism and arrogance only lead to hell fire, as Firawn will discover.  He went so far as to say, “I am your highest Lord.”  Istaghfiru Allah.  And we know he and his followers will end up in the most severe part of hell.

Hud 11:98. He will go before his people On the Day of Judgment,
And lead them into the Fire (As cattle are led to water):
But woeful indeed will be The place to which they are led!

So, the approaches to Deen are not hierarchical, but horizontal.  And given, that what are the qualifications and characteristics of each? 

The muqallid or follow, just as the follower in any field, the following of the experts should never be “blind.”  When we seek out a doctor, we check on their credentials.  We might ask from which university they received their degree.  We might get references and ask current patience about their knowledge and ability.  We might check if there are any malpractice complaints lodged against them.  We rarely go in blind.  And it would be unwise to do so.  The same is true in matters of Deen.

A muqallid is obligated to check the credentials of his religious advisors.  Then, he should consult the advisor in religious matters, listen to the advisor’s dalil or evidence, assure himself that it is well-supported, and then follow the advice.  This was the practice of the Prophet’s followers.

Narrated Abu Huraira:

A Bedouin came to the Prophet and said, "Tell me of such a deed as will make me enter Paradise, if I do it." The Prophet (p.b.u.h) said, "Worship Allah, and worship none along with Him, offer the (five) prescribed compulsory prayers perfectly, pay the compulsory Zakat, and fast the month of Ramadan." The Bedouin said, "By Him, in Whose Hands my life is, I will not do more than this." When he (the Bedouin) left, the Prophet said, "Whoever likes to see a man of Paradise, then he may look at this man."  [2]

Many misinterpret this hadith to be about the minimum required in Ibadaat.  How wrong they are.  This hadith shows us the manners and adab of the muqallid.  The man was a Bedouin, a man who had great knowledge of the desert and desert life.  That was his expertise. He was a desert geek.  Nonetheless, he also had great taqwa of Allah, perhaps more than many so called shuyuk.  He wanted to know what Allah expected of him. So, he made inquiries and found the most knowledgeable Alim of his day.  He was lucky;  the greatest expert of his day was Rasulallah SAW.  Then, he asked him what to do, and the Prophet gave him a clear and concise answer. He gave the man “black letter law.”  Do this, and you will go to Paradise. 

In this hadith, the Prophet shows us the role of the Deen tech support, what Imam Shawkani and Shaikh Uthaimin called the “middle” approach.  One of the best Imam al-Masajid I know is Shaikh Muhammad Adly (ma’ashallah).  You ask him a question of fiqh, he will answer clearly and concisely, giving you the Qur’an verse or hadith as evidence (dalil).  That’s it.  But around ulema, he is different.  He asks lots questions.  He listens. He does his due diligence and makes certain that the Alim has looked at the issue from every side and considered all the evidence and used the minhaj that Shaikh Adly feels is the best.  Ma’ashaallah, that is his job as an Imam. 

The Deen Tech Support, Imams and Da’ias, are responsible for providing clear and concise answers in fiqh.  They should understand the basics of the minhaj of usul al fiqh used by their shuyuk, and they should memorize and understand the dalil of each position they espouse.  A muqallid is responsible to know that there is a dalil and that the position is not just made up; an Imam must know the actual dalil and be confident in the credentials and ability of the Alim he relies upon.

As for the Alim, Imam Khassaf mentions in his book, Adab al-Qadi, that the Alim, the Mujtahid, the Deen Geek must first have a proper understanding of his role and position.  The Mantle of the Prophet is heavy, terribly heavy.  Too many fling it around like a cheap t-shirt. 

In his book, Imam Khassaf accounts several hadith.  The first group can be summarized as saying that if a person exercises Ijtehad (legal reasoning) without the proper qualifications and abilities, he will go to hell.  He will go to hell!!!!  And the second group can be summarized as saying that if a person has the qualifications and abilities and fails to use them in service of the community, he will go to hell.  He will go to hell!!!. 

My sheikh gets calls in the middle of the night asking for fatwa.  I have watches as his shoulders fall and he slumps in utter submission.  The weight is enormous.  He knows the sirat over the brink of hell, for an alim, is very, very slim.

However, there is a sliver of hope.

Abu Hurairah narrated that the Messenger of Allah (ﷺ) said:

"When the judge passes a judgement in which he strived and was correct, then he receives two rewards. And when he judges and is mistaken, the he receives one reward."

حَدَّثَنَا الْحُسَيْنُ بْنُ مَهْدِيٍّ الْبَصْرِيُّ، حَدَّثَنَا عَبْدُ الرَّزَّاقِ، أَخْبَرَنَا مَعْمَرٌ، عَنْ سُفْيَانَ الثَّوْرِيِّ، عَنْ يَحْيَى بْنِ سَعِيدٍ، عَنْ أَبِي بَكْرِ بْنِ مُحَمَّدِ بْنِ عَمْرِو بْنِ حَزْمٍ، عَنْ أَبِي سَلَمَةَ، عَنْ أَبِي هُرَيْرَةَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم ‏ "‏ إِذَا حَكَمَ الْحَاكِمُ فَاجْتَهَدَ فَأَصَابَ فَلَهُ أَجْرَانِ وَإِذَا حَكَمَ فَأَخْطَأَ فَلَهُ أَجْرٌ وَاحِدٌ ‏"‏ ‏.‏ قَالَ وَفِي الْبَابِ عَنْ عَمْرِو بْنِ الْعَاصِي وَعُقْبَةَ بْنِ عَامِرٍ ‏.‏ قَالَ أَبُو عِيسَى حَدِيثُ أَبِي هُرَيْرَةَ حَدِيثٌ حَسَنٌ غَرِيبٌ مِنْ هَذَا الْوَجْهِ ‏.‏ لاَ نَعْرِفُهُ مِنْ حَدِيثِ سُفْيَانَ الثَّوْرِيِّ عَنْ يَحْيَى بْنِ سَعِيدٍ إِلاَّ مِنْ حَدِيثِ عَبْدِ الرَّزَّاقِ عَنْ مَعْمَرٍ عَنْ سُفْيَانَ الثَّوْرِيِّ ‏.‏

Reference	: Jami` at-Tirmidhi 1326
In-book reference	: Book 15, Hadith 6
English translation	: Vol. 3, Book 13, Hadith 1326

Many related this hadith these days, but they do not understand it.  It must be taken in context.  The judge must have the qualifications and abilities necessary to actually be a judge.  If he does not, he will go to hell!!!

So what are the qualifications?  A mujtahid must have knowledge of:

1. Uloom al Qur’an
2. Uloom al Hadith
3. Arabic Grammar, Nawh and Sarf
4. Logic, Mantiq
5. Balagha, Rhetoric and Ibaaraat
6. Usool al Fiqh
7. Comparative Fiqh
8. Tafsir
9. Taareekh – Religious and Secular
10. Natural Sciences and Physical Laws
11. Direct Knowledge of the Matter to be Ruled Upon

The point here is to show that our Ulema not only need to have knowledge of the contents of the Qur’an and Sunnah, but they must also be able to “think like a Muslim.”  For this reason, ijtihad is not possible without a grounding in nawh, mantiq and balaghah.  “Thinking like a Muslim” means being able to look at the complete picture, all the evidence from the Qur’an and Sunnah, as well as from empirical evidence, and using reason guided by a focus on the Maqaasid ash-Shariah in order to make well reasoned decisions and discover the strongest dalil for fiqh positions.  Only Mujtahiduun, competent in such areas, are qualified to be of those who command in religion, who amr bi al-ma’ruf wa nahi anni al munkar.  Only they are to be followed after Rasulallah SAW.  Only such a person is qualified for the Waliyyu l’amr mentioned in the Qur’an.

We must emphasize that this form of authority is not just commanding, Amr, but Waliyyu.  What is a Waliyy?  A Waliyy is not just in a position of authority over another.  He is in a position of protection and responsibility for another.  He is a sincere advisor, seeking the best interest of the other.  He is a fiduciary.  Like the director of a corporation, he has a duty to look out for the one over which he has authority.  And his authority is not autocratic.

The above position best describes the role of our Ulema’ and Qadis.  They are charged with looking out for the best interest of humanity given the guidance of the Qur’an and the Sunnah as to what that best interest is.  For Allah SWT knows best what is best for His Creation. 

Imamate – Judicial Authority

We would be absolutely wrong to assume this Waliyyu l’amr is the same as political power or executive authority.  As we said, those carrying out this Wilayat are fiduciaries. Like a director of a corporation, they are responsible for looking out for the interests of the owners.  Who is the owner then? 

In order to understand who the owner is in this case, we must understand the nature of the property owned.  If we were talking about Creation or the Earth, the owner is Allah SWT.  And He already has appointed a trustee over this property – humanity collectively.  So when Allah SWT refers to obeying Allah and His Messenger and those who are given responsibility for carrying out the commands of Allah and His Messenger, He is calling on us to individually obey Allah and His Messenger and what they have commanded, as well as to obey those who are entrusted with carrying out those commands. 

We note first that each individual is charged with this obedience.  It is a Fard al Ain.  It is not a collective duty.  We are each charged with what?  Obeying the Shariah – the Divine Legislation.  The commands of Allah and His Messenger comprise the Shariah.  As we noted, the human understanding of this Shariah is Fiqh.  Those who are Waliyyu l’amr are the humans who apply their understanding and derive Fiqh, the mujtahids and fuqaha. 

So this Waliyyu l’amr is not political authority, but the authority to derive fiqh, and advise the Ummah as to the commands of Allah SWT and His Messenger. 

That is all well and good, but who are these mujtahids and fuqaha?  How to we know they know what they are doing?  Who chooses them to be on the our Ummah’s Board of Directors?

Ah, here we find out who the owners, the shareholders, are, and of what?  Those who exercise Waliyyu l’amr are advisors to the society of Muslims, the Ummah.  Although the obligation to obey is individual, the fiduciaries advise all of us individuals, they advise society as a whole. 

This is also borne out by the fact that Shariah has two branches; fiqh al ibadaat and fiqh al mu’amaalat.  Ibadaat regulates our individual relationship with Allah.  Although our ibadaat is often congregational and communal, it is designed to address the whole human being, and humans need social interaction.  But ibadaat is not by its nature, social.  It is the mu’amalaat that address human society.  Although mu’amaalat regulates individual action as well, it is designed to create a just society where no one impinges upon the rights of others.  It then, creates a society that is capable of elevating mankind as a whole, not just as an individual. 

So continuing our analogy with a corporation, our Ummah and its Ulema or Board of Directors needs a Chairman: Our Imam.  This is Imamate.  And like the Board of Directors, he must be chosen through consensus by the Ummah.  I can find no ayat of the Qur’an or authentic Sunnah that supports the Imam being of any particular race, group or tribe.  All evidence from the hadith is far too biased to be authentic.  Sunnis claim only Quraish, but not the Bani Abdul Muttalib, and Ithna Ashari claim only descendants of Imam Hussein.  Zaydis, however, have claimed that it can be anyone of the descendants of Hassan or Hussein, as long as they call the people to action and striving in the way of Allah, and in the establishment of a true Islamic Society under Shariah.  I am not convinced that hereditary rule of any kind is called for by Islam.  Although other Prophets were followed as Imams by their descendents, and Ibrahim prayed for such, the Qur’an also reminds us that Muhammad is not the father of any man among you.  He is the khatma al anbiyya.  He has no successors in wahy or nubuwwah.  Moreover, Allah notes in the Qur’an:

11:46. He said: "O Noah! He is not of thy family:
For his conduct is unrighteous. So ask not of Me
That of which thou Hast no knowledge!
I give thee counsel, lest Thou act like the ignorant!"

Heredity alone does save you or make you better.  Allah SWT also notes this with Ibrahim asks Allah to bless all of his descendents and Allah SWT agrees, but only for those that are righteous. 

2:124. And remember that Abraham Was tried by his Lord
With certain Commands, Which he fulfilled:
He said: "I will make thee An Imām to the Nations."
He pleaded: "And also (Imāms) from my offspring!"
He answered: "But My Promise Is not within the reach
Of evil-doers."

To understand Imamate, we must look to Ibrahim. Ibrahim AS is our first Imam, appointed by Allah SWT. He asks to be Imam, and also asks Allah SWT to make his sons Imams.  Allah agrees, but only if those sons are righteous.  Allah teaches us that Imamate depends on the quality of the person, not heredity. 

So does Allah SWT appoint Imams? Or are they chosen by the Ummah they stand before?  Historically, Allah SWT does not appoint, but He makes Imams.  He grants these men the character and abilities that would qualify them to be the best Imam for that time, place and people.  Then, it is up to that Ummah to freely choose that Imam as their Imam.  Such was Imam Ali ibn Abi Talib and Imam Hussein. 

Our Imams emerged from the Ummah, growing up within it, gaining the qualities and abilities necessary to lead it, and also gaining the trust of the people who they would lead.  Allah notes in the Qur’an that one of the indicia of trustworthiness of the Prophet, was that he had lived a lifetime among the people.[3]  They are the ones who named him Amin.  So, too our Imams.  In fact all of our greatest scholars have been referred to as Imam – Imam Abu Hanifa, Imam Zaid, Imam Shafii, Imam Malik, Imam Jaa’far and Imam Ahmad. 

Amirate– Enforcement Authority

The Imamate discussed above is judicial in nature, advisory, not involved with enforcement of the law.  So who has the enforcement authority in Islam?  Going back to our corporate analogy, a company needs a Board and Chairman to advise the company on policy, but it also needs an Executive Committee and a Chief Executive Officer or CEO, in other words the chief enforcement officer of the law.

 The Imam bears the ultimate responsibility for guidance, and the ultimate responsibility for amr bi al ma’ruf wa nahi anni al munkar.  Not through dictatorial means as some might assume, but through being a role model and a shaheed, a witness. 

Likewise, the role of the Amir al Mu’mineen provides leadership in emergencies, directs us in times of crisis, ensures our Ummah achieves its goals and objectives, and oversees  enforcement of the Shariah.  The Amir is the CEO of the Executive Committee, and it is the Executive Committee that is tasked with enforcement of the Shariah. So, the Amir al-Mu’mineen is our Executive, and those who assist him in carrying out his duties are our government or hukumat.

So, our Ummah corporation is advised by the fiduciary fuquha, including the Chairman Imam and the Board of Directors. They derive the fiqh or human understanding of the Shariah from the Source, the Qur’an and Sunnah.  And they command to the best of behavior and advise against munkar, behavior that negatively impacts individuals and society. They form the judicial branch.  They do not form the legislative branch, as the sole legislator is Allah SWT. The shareholders, the owners, of this corporation are the individual Muslims.  And the CEO and Executive Committee is our enforcement branch.

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[1] Biography of Imam Shawkani; Usool al Fiqh, al-Uthaimin.

[2] Sahih al-Bukhaari, Vol. 2, #480

[3]  Quran, Surah Yunus 10:16.