بسم الله الرحمن الرحيم
O believers, have taqwa of Allah according
to His right and die not except as Muslims.
O mankind, have taqwa of your Lord, the One who created you from a
single soul, and from it He created his mate, and from them both, He spread
many men and women. And fear Allah from
who you demand your mutual rights, and do not cut off familial ties. Surely, Allah is ever an all-watcher over
you.
O believers, have taqwa of Allah and
always speak the truth. He will direct
you to do righteous deeds and will forgive you your sins. And whosoever obey Allah and His messenger
has indeed achieved a great achievement.
To Proceed:
Allah SWT says in the Qur’an
a;-Hakim
24:35 Allah is the
Light of the heavens and the earth. The similitude of His light is as a niche
wherein is a lamp. The lamp is in a glass. The glass is as it were a shining
star. (This lamp is) kindled from a blessed tree, an olive neither of the East
nor of the West, whose oil would almost glow forth (of itself) though no fire
touched it. Light upon light. Allah guideth unto His light whom He will. And
Allah speaketh to mankind in allegories, for Allah is Knower of all things.
36 (This light is
found) in houses which Allah hath allowed to be exalted and that His name shall
be remembered therein. Therein do offer praise to Him at morn and evening.
37 Men whom neither
merchandise nor sale beguileth from remembrance of Allah and constancy in
prayer and paying to the poor their due; who fear a day when hearts and
eyeballs will be overturned;
38 That Allah may
reward them with the best of what they did, and increase reward for them of His
bounty. Allah giveth blessings without stint to whom He will.
Buyut Allah, the
Houses of Allah.
Our masaajid are Buyut Allah, the Houses of Allah. They are the niches from which shine the
light of Allah unto the world. Any person wishing to offer praises and thanks
to Allah SWT for that light, comes to these buyut as a Guest of Allah. No person who wishes to offer Allah praises
should ever feel afraid, or attacked, or put on the defensive, or bullied in
the House of Allah. These niches of light are the one place where those of us
who have surrendered to Allah, who understand that there is no one worthy of
worship other than Allah, should find sanctuary. Any one who comes to a masjid
to worship Allah should find khushoo, not dread and loathing.
However, too often today, we find in these Houses, fitnah
and strife, aggressive behavior and bullying.
We find this for two reasons. The
first reason is historical and reflects the spread and development of this
deen. The second reason stems from our
own lack of taqwa and surrender to our Lord, Allah SWT.
Allah SWT says in the Qur’an al Hakim
2:197. For Ḥajj Are the months well known. If any
one undertakes
That duty therein, Let there be no obscenity, Nor wickedness,
Nor wrangling In the Ḥajj. And whatever good
Ye do, (be sure) God knoweth it. And take a provision
(With you) for the journey, But the best of provisions Is taqwa.
So fear Me, O ye that are wise.
That duty therein, Let there be no obscenity, Nor wickedness,
Nor wrangling In the Ḥajj. And whatever good
Ye do, (be sure) God knoweth it. And take a provision
(With you) for the journey, But the best of provisions Is taqwa.
So fear Me, O ye that are wise.
In this ayat, Allah SWT reminds us that we should not engage
in any obscene, nasty, argumentative, or disruptive behavior on Hajj. Have you ever considered why Allah SWT warns
us against such behavior on Hajj? After
all, a Muslim should always have the best of conduct. We should always avoid fitnah.
Brothers and Sisters, our deen spread very quickly. Very quickly.
It spread from Morocco
in the West to China
in the East faster than any other ideology.
It is still spreading, but the initial spread was phenomenally fast. You
may not appreciate this because of all the technological advances we enjoy
today. But consider that our deen spread
before the internet, Twitter, TV, and radio – even snail mail.
We know that Islam did not spread by the sword. Empires may do so, but Islam did not. But it did not spread by the scholars
either. Really! Our scholars remained in
Medina, Damascus,
Baghdad, Cordoba
and Nishapur. They did not spread it; we
did - by traveling to them.
Our deen spread through the travels of people like you,
traveling on business, on family visits, on Hajj. While traveling, people sat in on the
lectures of scholars, or observed the prayers and ibaadaat of people of knowledge. These humble souls returned home to every far
flung village, mountain hamlet, and remote outpost of humanity. Your ancestor who went to Makkah one thousand
years ago taught you what you know today of deen.
Some of you may laugh at such things, this acquisition of
deen by urf or custom. You may think
that such people are ignorant simpletons.
Brothers and Sisters, those ancestors who traveled and learned what they
could wherever they could, were pious, sincere Muslims. They appreciated every drop of honey they
could acquire. And many of us have lovingly preserved and treasured that drop
of honey. We view this deen as precious.
Today however, we are swimming in honey. Many of you do not appreciate all the
resources you have of books, internet, videos, audio, the like of which has
never been available before this time.
Even when I came to this deen nearly thirty years ago, all I could find
was a translation of the Qur’an, the first book of Fiqh as-Sunnah, and Halal wa
Haram fi Islam. For ten years, I found
little else, and then books of Hadith became available, then other texts.
Those humble ancestors of ours took advantage of every
resource they could find. Are you? Reading one text or watching a video or
listening to a talk does not make you knowledgeable. Ilm is understanding, not just the
accumulation of information. A parrot
can accumulate words and spit them back out.
Are you truly a person who seeks knowledge or are you a parrot?
A brother once told me he had a gift. He was able to notice when people made
mistakes in salat and then he corrected them.
I asked him if this was really a gift or a test. The Prophet reminded us to cover the faults
of others, to assume the best of them. He got upset. What about all the people he confronted? Did he help them or harm them?
The Prophet (PBUH) said, “Allah will cover up on the Day of
Judgment the faults of the one who covers up the faults of the others in this
world”.
The Prophet taught us that even sins should not be
exposed. Allah is the one who will
expose them, if we do not repent. When
the man confessed to zina, the Prophet, at first, turned away, and then asked
him if he might not be mistaken. In short,
he did everything to prevent a sin from being exposed.
[Al-Bukhari and Muslim].
Moreover, even when a sin is exposed, the person should be treated with dignity and respect, not ridicule and arrogance.
A man who had drunk wine was brought to the Prophet (PBUH) and he asked us to beat him; some struck him with their hands, some with their garments (making a whip) and some with their sandals. Some of the people said: “May Allah disgrace you!” He (the Prophet (PBUH)) said, “Do not say so. Do not help the devil against him”.
[Al-Bukhari].
If this is true of one who commits a sin, what about a person who simply makes a mistake?
One time in Masjid Dar al Hijrah, a man noticed a brother praying differently. In his wisdom and good manners, he approached the brother in a friendly way. He had never seen the brother before, so he asked his name and struck up a casual conversation. He discovered the brother was a young man who had been interested in Islam, and had read some books and seen some videos, and he was now interested in trying it out. Because of the first brother’s friendly and loving approach, that young man took the shahada that night.
What if he had met the brother with the “gift?”
Brothers and Sisters, we have caused people to leave this deen, both new converts and those born into Muslim families, because of our intolerant, arrogant actions toward them. Women have had clothing thrown at them, have been screamed at, and accosted. Men have been screamed at and confronted. I was once yelled at by a man because I wore shoes into the hammam to make wudoo. In the masjid I had been attending, the wudoo was separate from the bathrooms, so we wore shoes to make wudoo, but had shib shib available for entering the bathrooms. This new masjid had a different set up. Instead of explaining the set up to a new face in a friendly manner, with out so much as a “as-salaam alaikum,” he screamed at me. Is this how we greet one another in Bait Allah?
8: 34. But what plea have they
That God should not punish
Them, when they keep out
(Men) from the Sacred Mosque—
And they are not the Friends of Allah?
No one is a Friend of Allah Except the righteous; but most
Of them do not understand.
Allah will punish those who hindered people from worship of
Allah in His Sacred House in Makkah. The
only ones who might have the right to determine the affairs of the Houses of
Allah are those who are Friends of Allah, not His enemies. And the Friends of Allah are none but the
muttaquon, those who have taqwa of Allah, and who have fully grasped the most
trustworthy handhold. These are those
with the best understanding of Islam, and who have the best adaab or
manners. They are those who follow the
example of the Prophet in giving the message to others, and discussing any
errors we might make. They do so with
love, and with the best approach, just as he, SAW, did with the beduin who
urinated in the mosque. The Prophet
understood that the man was a beduin and was not used to buildings. The man had walked away from the group and
went behind a pillar. He was actually
trying to be respectful. The Prophet
understood this and so he calmly explained etiquette to the man. He did not raise his voice, or embarrass him. He was not confrontational or
aggressive. He was loving, friendly, and
welcoming.
But many who confront others claim to be commanding the good
and prohibiting evil. Aren’t we, as
Muslims, suppose to do so?
8:29.
O ye who believe!
If ye have taqwa of Allah
He will grant you a Criterion, a Furqan
(To judge between right and wrong),
Remove from you (all) evil
(That may afflict) you,
And forgive you:
For God is the Lord
Of grace unbounded.
If ye have taqwa of Allah
He will grant you a Criterion, a Furqan
(To judge between right and wrong),
Remove from you (all) evil
(That may afflict) you,
And forgive you:
For God is the Lord
Of grace unbounded.
What is this furqan, this criterion that aids in our
understanding and removes evil from us?
Allah SWT says,
3:110. Ye are the best
Of Peoples, evolved
For mankind,
Enjoining what is right,
Forbidding what is wrong,
And believing in God.
If only the People of the Book
Had faith, it were best
For them: among them
Are some who have faith,
But most of them
Are perverted transgressors.
Of Peoples, evolved
For mankind,
Enjoining what is right,
Forbidding what is wrong,
And believing in God.
If only the People of the Book
Had faith, it were best
For them: among them
Are some who have faith,
But most of them
Are perverted transgressors.
Here Allah SWT tells us that the reason we are the best
Ummah to emerge from among humanity is because we enjoin the ma’aruf and
prohibit the munkar. Many misunderstand
this phrase and due to their misunderstanding, they create a negative, tense
and fearful environment in our masaajid.
Amr bi al Ma’ruf or commanding the ma’ruf and Nahi anni al Munkar or prohibiting what is munkar refers to morality.
Amr bi al Ma’ruf
wa Nahi anni al Munkar
We know that all human beings are born with a fitrah and
that this fitrah provides a basic understanding of right and wrong. The Mu’tazillah argued that all the
proscriptions of deen could be derived through reason. Although they acknowledged that the Qur’an
was revelation, wahy from Allah, they held that all of its guidance could be
derived through logic and human reason – aql.
We should note here that, this being the case, the
Mu’tazillah supported those who felt that Ray or human opinion, based on logic
and reason, was sufficient to determine Fiqh or understanding of the law. The Mu’tazillah and their supporters among
the Umayyads were not Ahl al Sunnah, People who follow revelation – the Qur’an
or “Sunnah of Allah”, and the Sunnah of Rasul Allah. They were Ahl al Ray or the People of
Opinion.
All of our school of fiqh today are Sunni – they are derived
from the two sources, the Qur’an and Sunnah.
Today, we are all Ahl al Sunnah, as we shall see.
However, to continue, we find the answer to the issues
raised in this first fitnah in thought of our Deen, the issue of the primacy of
reason or revelation, in the story Adam.
In order to understand this issue more fully, we should note
that there are three forms of knowledge; acquired, intuitive and revealed. Acquired knowledge or aposteriori knowledge
is dependant upon experience. Such
knowledge includes the information gained through the investigations of
science, and the perceptions of our senses. Knowledge of computers, science,
engineering, medicine, anthropology – most of our academic courses, is
acquired.
Intuitive knowledge is not dependant upon experience, and is
therefore, more abstract. This apriori
knowledge includes the equations of mathematics, the proofs of geometry, and
the syllogisms of logic.
The third branch of knowledge is reveled knowledge or
wahy. As we can probably surmise, this
includes the contents of the Books Allah SWT has revealed to mankind, including
the information contained in the Qur’an.
Adam and Hawa were given the same fitrah as all of us. They had the ability to acquire knowledge,
both aposteriori and apriori.
However, in the beginning, they had not received any revealed knowledge. Then, they were presented with a test. Iblis came and suggested to them to eat of
the fruit of the tree from which Allah SWT had forbidden them to eat. They did, so and Allah asked them about it.
7:19. "O Adam! dwell thou
And thy wife in the Garden,
And enjoy (its good things)
As ye wish: but approach not
This tree, or ye run
Into harm and transgression."
And thy wife in the Garden,
And enjoy (its good things)
As ye wish: but approach not
This tree, or ye run
Into harm and transgression."
20. Then began Satan to whisper
Suggestions to them, bringing
Openly before their minds
All their shame
That was hidden from them
(Before): he said: "Your Lord
Only forbade you this tree,
Lest ye should become angels
Or such beings as live for ever."
Suggestions to them, bringing
Openly before their minds
All their shame
That was hidden from them
(Before): he said: "Your Lord
Only forbade you this tree,
Lest ye should become angels
Or such beings as live for ever."
21. And he swore to them
Both, that he was
Their sincere adviser.
Both, that he was
Their sincere adviser.
22. So by deceit he brought about
Their fall: when they
Tasted of the tree,
Their shame became manifest
To them, and they began
To sew together the leaves
Of the Garden over their bodies.
And their Lord called
Unto them: "Did I not
Forbid you that tree,
And tell you that Satan
Was an avowed
Enemy unto you?"
Their fall: when they
Tasted of the tree,
Their shame became manifest
To them, and they began
To sew together the leaves
Of the Garden over their bodies.
And their Lord called
Unto them: "Did I not
Forbid you that tree,
And tell you that Satan
Was an avowed
Enemy unto you?"
23. They said: "Our Lord!
We have wronged our own souls:
If Thou forgive us not
And bestow not upon us
Thy Mercy, we shall
Certainly be lost."
We have wronged our own souls:
If Thou forgive us not
And bestow not upon us
Thy Mercy, we shall
Certainly be lost."
Here we see that Iblis uses twisted logic to lead the first
humans to ruin. He leads them to doubt
themselves – to feel ashamed of themselves – to perceive themselves from the
point of an inferiority complex.
Remember Iblis thinks he is better than them because he was created of
smokeless fire. He too disobeys Allah by
refusing to bow to Adam. And he refused
to admit any fault or error. He
justifies his disobedience by saying he is better than Adam. Then he retaliates by making Adam and Hawa
feel low, and saying Allah is trying to prevent them from becoming angels and
living forever.
2:37. Then learnt Adam from his Lord
Words of inspiration, and his Lord
Turned towards him; for He
Is Oft-Returning, Most Merciful.
Words of inspiration, and his Lord
Turned towards him; for He
Is Oft-Returning, Most Merciful.
In their doubt, Adam and Hawa disobey the command of Allah
and eat of the tree. However, unlike
Iblis, they did not try to justify their error.
Instead they feel sorry. They ask Allah to forgive them and have mercy
with them. They repent. And because of this, Allah SWT does shower
mercy on them in the form of wahy – revelation of the furqan or criteria with
which to judge right from wrong.
Amr bi al Ma’ruf means to conduct one’s self in a good
manner, according to what is best.
Ma’ruf comes from the same root as Urf, custom, what is known, what is
right. ISNA is currently leading the
conversation of this Ummah regarding the role of Urf in this Deen. One thing is clear, urf indicates customary,
agreed upon conduct; conduct that brings mutual benefit.
As for al Munkar, Allah SWT says:
That is shameful, they say:
"We found our fathers
Doing so"; and "God
Commanded us thus":
Say: "Nay, God never
Commands what is shameful:
Do ye say of God
What ye know not?"
Shameful deeds may become habitual, but that does not make them al Ma’ruf. Such deeds remain evil.
Wa Nahi anni al
Munkar means to keep one’s self from doing that which is detrimental to all,
what is evil. And it is the duty of a
Muslim to remind others of this. The
Prophet SAW was charged by Allah to deliver the message, and after him, we are
responsible for that charge. This is why
we are the best ummah from among mankind. We command what is right and forbid
what is evil.
We are the last bastion of morality. And because of our stance on moral issues, we
are currently facing persecution and harassment. Our children are abused and bullied for not
dating, fornicating or taking drugs and drinking. Our adults are also ridiculed and bullied at
work for not drinking or eating pork. Our entire community is under attack for
wanting to have our wills and contracts conform to Shariah law, and for not
wanting to take part in the injustice of riba.
The one place where we should be able to find peace from
this harassment is our masaajid.
Instead, we find intolerance, self righteous bigotry and physical and
mental abuse.
This outrageous behavior is not Amr bi al Ma’ruf wa Nahi anni al Munkar;
this is just plain rudeness, arrogance, and evil dhulm.
Yes, our Deen spread very fast, as we noted. It spread because of three principles: Freedom, Justice and Equal Dignity.
Freedom is essential in Deen.
2:256. Let there be no compulsion
In religion: Truth stands out
Clear from Error: whoever
Rejects Evil and believes
In God hath grasped
The most trustworthy
Hand-hold, that never breaks.
And God heareth
And knoweth all things.
In religion: Truth stands out
Clear from Error: whoever
Rejects Evil and believes
In God hath grasped
The most trustworthy
Hand-hold, that never breaks.
And God heareth
And knoweth all things.
There can be no hate, enmity, duress – karaha – in
deen. There is no need for such because
truth is distinct from error. Anyone who
rejects and denies evil and affirms and submits to Allah, has grasped the
firmest handhold. This handhold will
never break. And Allah hears and knows
all things.
Again, the truth is that there is no one worthy of worship
other than Allah. This is to deny and
reject the power and authority of anything else, and to believe in Allah
alone. He alone is the Creator and
Preserver of all things. He is Samad –
the self-sufficient upon whom all depends.
What Allah makes clear is this ayat is that this belief must
be free. It cannot be under duress. Some of you are budding “scholars.” What is the Shariah position regarding
someone who is forced to commit a crime.
Is he subject to the Hadd?
Suppose some one says to him, “I will kill you unless you steal this
jewelry.” Is he subject to the Hadd
punishment for theft?
No. It would be
unjust for him to be so because his act was not free. The first shart or condition of any Shariah
obligation is freedom.
On the authority of Ibn Abbas (ra), that the Messenger of
Allah (saw) said:
Verily Allah has pardoned [or been lenient with] for me my ummah: their mistakes, their forgetfulness, and that which they have been forced to do under duress.
[Hasan hadeeth related by Ibn Majah, and al-Bayhaqee and others]
Verily Allah has pardoned [or been lenient with] for me my ummah: their mistakes, their forgetfulness, and that which they have been forced to do under duress.
[Hasan hadeeth related by Ibn Majah, and al-Bayhaqee and others]
The occasion of this hadith was in regard to Ammar ibn Yasir who, under the compulsion of severe torture, was forced to commit shirk to the idols of the Quraish. The Prophet made it clear that when a person is forced by necessity to declare something and does not truly hold that belief in his heart, he is not held accountable for this.
We all know that eating pork or drinking alcohol is
prohibited, but if one is forced to eat or drink due to necessity, one is free
of any sin. In fact, eating or drinking
such may even be fard, as our bodies have rights on us and have a right to
survive. We pray Allah SWT never tests
us in this manner.
We also know that we are rewarded according to our intentions.
The Messenger of Allaah 
said: "Verily actions are by intentions,
and for every person is what he intended. So the one whose ‘hijrah’ (migration)
was to Allaah and His Messenger, then his ‘hijrah’ was to Allaah and His
Messenger. And the one whose ‘hijrah’ was for the world to gain from it, or a
woman to marry her, then his ‘hijrah’ was for what he made ‘hijrah’ for."
[Al-Bukhaari and Muslim]
So what about the person who is forced into during something
good? “I will kill you unless you pray,
unless you wear hijab, unless you pay zakat.”
What is his or her intention?
By forcing ibadaat, you have forever prevented this
person from having the best niyat. The
only niyat Allah considers best, as mentioned above, is “fi sabillillah.” A person, who prays with the intent to show
off, will get noticed and a person, who prays with the intent to get a palace
in jennah, may get it, but both will miss out on so much more. So by forcing a person to do even a fard
obligation in deen, prevents them from the opportunity to have the best
reward. And you prevented them. They will be rewarded, but you will be
rewarded too – with the fruits of dhulm – oppression. And Allah does not love the dhalimuon.
As for the other two principles, justice or adl and equal
dignity, they mean that we must treat others fairly and look to everyone’s
rights. It can be unjust to treat one
another equally, so Islam calls for equal dignity. Each should receive what he or she requires to
achieve the same goal. If three children
are trying to see over a fence, giving them each a box of the same size may be
equal treatment, but not just treatment, since two may still not be able to
achieve the goal. But giving them what
they need to achieve the goal is just.
Then, they have a free choice to look or not look, but at least they
have an equal opportunity.
These three principles spread Islam and are spreading it
today. People took the Shahadah and then
asked what to do. Many of us have done
the same. And after taking that
Shahadah, people traveled to find out more, to sit with a scholar, to watch
others pray; and then they came back to those outposts of civilization and
taught us.
The Islamic Dark
Age
And so our deen became urf – custom driven. Then something happened, we entered a Dark
Age. We do not call it a Dark Age. The
West does not either, since it was a time of great material flowering. Some
call it the “Closing of the Doors of Ijtehad.”
Although there was no general body meeting to close to doors, and
although some schools of thought, particularly the Hanafi and the Ja’afari
never stopped teaching Usul al Fiqh and using ijtehad, the Doors did close and
our deen entered a Dark Age. It was the
time of the Ottoman Empire.
The Ottomans were great administrators. They devised a most efficient administrative
and legal system. This is one of the
reasons behind their success as an empire. Like the great empires before them,
they produced a legal code. The Hittites
had the Code of Nesilim, the Romans had Canon Law. The Ottomans chose to codify Islamic Law in
the Mejellah.
One of my teachers, Yusuf Kavaci, is perhaps the last of the
classically trained Mejelleh scholars.
In the Mejelleh, the Ottomans codified the Fiqh of the School
of Abu Haneefah, and all the fatawa
of the scholars of that school. One no
longer needed to consult jurisprudents or scholars. It was in the code. One no longer needed to consult the sources,
the Qur’an and Sunnah, or look for dalil or proof for a position. It was in the code. Just like the West with its law codes, we had
an Islamic Code. And so our fiqh became
divorced from its sources. Scholars no
longer needed to provide the bridge between the sources and the ruling of the
law. The schools no longer needed to
teach how to derive fiqh – no longer needed to teach Usul al Fiqh or Uloom al
Usul, two of the sciences essential for the exercise of ijtehad by a
mujtahid. Instead we taught the code.
Let’s take a minute here to define two terms, Shariah and
Fiqh. Shariah is the Divine Legislation
sent down via revelation by Allah SWT.
It is contained in the Qur’an and the Sunnah of the Prophet. The Sunnah is the actual doings, saying,
approvals and disapprovals of the Prophet SAW.
Fiqh is the human understanding of the Divine Legislation
obtained by use of a systematic and reasonable methodology. This methodology, the bridge between Shariah
and Fiqh is referred to as Usul al Fiqh.
Because reasonable minds may disagree on methodologies, varying minaahij
have developed over time. Scholars using
the same methodology to derive fiqh, then form “schools” which we call
madhaahib. A mujtahid is a person who is
qualified to derive fiqh from the sources through the use of what we today call
due diligence or ijtehad according to the methodology or minhaj of a particular
school or madhhab. Occasionally a
scholar has understanding of the science of Usul itself, Uloom al Usul, and is
capable of evaluating the various minahij, and in determining his own
independent minhaj, but most scholars are only knowledgeable of one systematic
methodology.
There are five pre-Dark Age schools and three post-Dark Age
schools. Each has a different
minhaj. All recognize the Qur’an and
Sunnah as the sources of binding law. But one area of difference is in
determining what is the Sunnah. The
Sunnah is the actual doings, saying and approvals and disapprovals of the
Prophet SAW. We do not know them. We have no direct knowledge of them. We were not there. Unless you have a time machine, you cannot
know them. What we have are reports of
varying authenticity. Determining what
is an authentic report and whether it can be reliable enough to determine
binding law is essential for deriving fiqh.
The School of Abu
Haneefah holds that the Qur’an and authentic
Sunnah are binding. However, this school
does not recognize ahad hadith or hadith narrated by one Sahabah only as
forming a secure enough foundation for fiqh.
Other schools do and so the fiqh of these schools differ from the fiqh
of the Haneefiyya.
The School of Imam
Malik also holds that the Qur’an and Sunnah are
binding. However, this school allows
ahad hadith and uses rational methods such as qiyas and maslahah al mursalah or
public policy as a source of law if no binding source is found in the Qur’an or
Sunnah.
The School of Imam
Shafii holds that the Qur’an and Sunnah are
binding, but does not allow analogy or maslahah.
Here let us take a minute to discuss what is qiyas. Qiyas means syllogism or rational
argument. Qiyas includes the syllogisms
of mantiq or logic as well as the qiyas al mithlu or analogy. Analogy is actually a type of logical
syllogism. Some school allow only analogy, others allow only mantiq or
logic. Imam Shafii did not allow
analogy, but did allow for rational methods to determine fiqh in the absence of
a clear Nass or text from the two sources.
The School of Ahmed
ibn Hanbal, holds that the Qur’an and Sunnah are
binding, but it has a much more liberal approach to the Sunnah. It allows not only ahad hadith, but hadith
graded as hasan, or less that sahih hadith, to be binding. It also does now allow rational methods,
including qiyas, in the event of a hasan hadith.
After the Dark Ages, we have used three approaches in regard
to fiqh. The School of the Jamhur is the
main methodology of the Harikat al Islami and the Ikhwan al Muslimeen. This approach does not have an independent
minhaj, but looks to the majority of the scholars. The opinion which is espoused by the majority
of the scholars is viewed as preferable.
In North America, this is a popular approach,
since it does not chose a madhdhab, but seeks a kind of consensual
approach.
We also have two independent minhaj, the Salafi and the Dhahiri
Schools. The Salafi school, founded by Muhammad Abd ul
Wahhab, whose shukuk include Shaikh Bin Baz, and the mujtahid, Shaikh Uthaimin,
is of course based on the Qur’an and the Sunnah. Like the Hanbali
School, they allow ahad and hasan
hadith, but will use even daif hadith in preference to rational methods. Shaikh Uthaimin, in his book, Ilm Uloom al
Usul, allows qiyas al mithlu or analogy but notes that others object. The Salafi derive their name from the “Salaf”
or righteous predecessors.” This reveals
that this school also considers the opinions of the Salaf as binding law.
While the other schools hold that the consensus of the
Sahabi is binding, they do not hold that reports of the opinions of the Sahabi,
where they are not in consensus, are binding or that the opinions of the Salaf
are binding. They may be persuasive, but
not binding. Although most schools do
hold that ijma or unanimity of the scholars is binding.
The Dhahiri School,
founded by Ibn Hazm, was revived by Shaikh Albani. It also hold that the Qur’an, Sunnah,
Opinions of the Sahabi, Ijma, and Opinions of the Salaf are binding. It also recognizes daif hadith and even
athaar or reports of the sayings of the Salaf as binding. This school does not allow rational methods. Moreover, it is literal or dhahiri in its
approach to ijtehad and exegesis of texts.
Moreover, the approach of Shaikh Albani in authenticating hadith is
controversial. He relied solely on the
Ilm al Rijal or reports on the character of narrators. The great 12 century hadith scholar,
Shahrazuri, stated this alone, was not a valid manner to judge hadith
authenticity. Other factors must be
considered. Shaikh Bin Baz and Shaikh
Uthaimin also stated this criticism.
So, what about the fifth pre-Dark Ages school, the Jaafari
School? Since we have been exploring Sunni Shia
Intrafaith dialogue, we should understand that the Jaafari
School founded by Imam Jaafar al
Sadiq is a Sunni school – it too bases fiqh on the Qur’an and the Sunnah of
RasulAllah SAW. Have you ever considered
what was the madhhab of the Umayyads?
They actually did not follow any of the scholars of the Ahl al Hadith or
Ahl al Sunnah; they were Ahl al Ray – people of rational opinion. As we discussed before, they followed
Mu’tazillah doctrine where reason is capable of discovering all the truths of
religion and wahy or revelation is not necessary. So the Umayyads held that the opinions of the
scholars were binding and need not be proven through appeals to proof texts in
the Qur’an and the Sunnah. When the
Abbasids came to power, they restored the primacy of the textual sources. Their movement became termed Ahl al Sunnah wa
al Jam’ah. This term was coined, not by
Ibn Taymiyyah, but by scholars of the Abbasid period, including Ahmed ibn
Hanbal.
The Jaafari School,
then, follows the Qur’an and Sunnah, but also finds the rulings of the twelve
imams of the Ithna Ashari or Imami Shia to be binding. This position is not really different from
the position that the rulings of the Salaf are binding. The Jaafari
School also allows the syllogisms
of mantiq or logic, but not the qiyas al mithlu or analogy. One point here is that the Jaafari
School is a school of fiqh. The positions on authority and leadership of
the Zaidis, who often follow Haneefiyya fiqh, and Imamis are separate
matters. Perhaps this would make an
excellent investigation for another time.
While it is true, there are groups who associate themselves
with Islam, that seem to be at variance with the teachings of Islam. These groups tend to be Ahl al Ray, following
the opinions of charismatic leaders.
Whether they be Ahmadiyyah, Ahbash, Babi, Bahai, or one of the various
branches of Ismaili, they follow the opinions and teachings of a leader. One of
our challenges is to explore the position of these groups in the overall fabric
of Islam. But one thing is clear, even
if they do not subscribe to the command to follow Allah and His Prophet in the
manner in which the Ahl al Sunnah has done, no person who desires to worship
Allah in His House should ever feel insecure in His masaajid.
Today, we are exploring a new minhaj utilizing the Maqaasid
ash-Shariah. The ISNA conferences of the
past two years have explored some of the possibilities this new approach
holds.
But for now, we return to the Dark Ages, of which we are
still emerging.
Our Fiqh Became a
Code
This focus on the code coupled with the spread of this deen
by urf meant our deen stagnated. Before,
scholars kept the deen current and fresh, while people sought out knowledge as
best they could. Now we all had the code
and the urf – and so a Dark Age ensued until Muhammad Abdu, Hassan al Banna,
Maulana Maududi and Muhammad Abd al Wahhab reminded us that our fiqh has a
basis. It is not just a code. The source of fiqh is Shariah – the Divine
Legislation from Allah, and this is found in the Sources, the Qur’an and
Sunnah.
So now we have rediscovered this truth. Our deen is not just a legal code. It has a basis rooted in the Revelation from
Allah. However, in rediscovering the
connection between fiqh and the sources of Shariah, many have also found a new
way to cause fitnah.
How many times have we heard screams of “bid’ah?” What is this bid’ah? The Divine Legislation or Shariah is revealed
in the Qur’an and in the Sunnah of the Prophet.
From them we derive the fiqh or legal rulings. Each act or omission has a Hukm Shari’ or
legal value. There are five of these
hukm. Fard is that which if we do it is
rewardable and if we do not it is sinful. Haram is that which if we do it is
sinful and if we do not, it is rewardable.
Mustahabb or Mandub is that which is rewardable if we do it, but is not
sinful if we do not do it. Makruh is
that which is rewardable if we do not do it, but is not sinful if we do. And Mubah is permissible; it is neither
rewardable nor sinful.
The sources of our deen are the Qur’an and Sunnah, but not
every statement establishes a fard obligation or forbidden haram act.. Some statements establish mustahabb or
preferred and recommendable acts, and other those that are detestable. To confuse matters, some scholars use the
term Sunnah to refer to mustahabb preferred acts. So we hear expressions such as “It is sunnah
to do such and such.” In such cases, the
term Sunnah is used as a hukm Shari’ or value, not just
as a reference to a source of legislation.
So, scholars have determined based on analysis of the
transmitted records of the Prophetic Sunnah, which we refer to as Hadith, that
the Prophet did certain acts, such as non-obligatory prayers before and after
the Fard salaat. These are referred to
as Sunnah prayers. We say, “We will have
a talk after the Sunnah.” In other
words, after we make the Sunnah salaat that accompany that particular Fard
Salaat.
However, if a brother prays more than the recorded number of
rakaats in his nawful or non-obligatory salaat, he might be accused of bid’ah
or innovation. Is this really
innovation? Some say it is Sunnah to
drink a glass of water in three sips.
The Prophet SAW is known to have done so, yes. And to follow his practices may be mustahabb
or beloved, but to take water in five sips is not an innovation, it is not
haram, it is mubah – permissible.
Bid’ah or innovation is to give an act a value that is not
supported by the sources. Bid’ah would
be to say that five sips are fard, or that praying a certain non-obligatory
prayer is obligatory. This is
bid’ah. Some claim the Salaat al Tasbih
is bid’ah. Whether there is any
authentic support for this prayer as a Sunnah is debatable; however, to pray in
such a manner is not haram. It is mubah,
meaning it is permissible and neither rewardable or punishable. To claim it has any other hukm than this
would be bid’ah. But to pray a prayer of
any kind, beyond the Sunnah prayers, is mubah, and not bid’ah.
Now what about praying to a righteous person or at a
righteous person’s grave? Is this
bid’ah? Well actually – it’s just haram! Yes, to say such an act is even mubah would
be bid’ah – or innovation by changing the hukm of an act without any evidence
or command from Allah. But the act
itself, is simply haram.
So, in this case, Sunnah is an act preferred by our Prophet,
and Bid’ah is to change the value of an act from that given it by Allah without
evidence or command from Allah. To
perform acts that are different from that of the acts of our Prophet or in a
different manner is not haram in and of itself.
Moreover, unless we are well versed in Usul al Fiqh, we may
not be aware of the hukm of a given act within a particular madhaab, and the
evidence for that position in that madhaab.
So, to scream at each other for acts of worship whose hukm of which we
may not be aware, is simply abusive.
Our House vs Allah's House
The root of fitnah is arrogance. Iblis was the first to cause fitnah in Creation, and he is the source of all fitnah today. We must not allow him to succeed in his insatiable desire for revenge.
Our masaajid are Buyut Allah. They are not the houses of Egyptians, houses of Palestinians, houses of Pakistanis, houses of Iranians, … houses of Americans. They are Houses of Allah. But we seem to think they are OUR houses.
If it ethnic social clubs we want, by all means, we can have them. In America, we have Italian American clubs, Irish American clubs, Hispanic clubs; why not Arab American clubs, Iranian – ok Persian American clubs – South Asian clubs. But these are clubs, not Houses of Allah. Masaajid are for all the Ummah.
In Virginia, there is a beautiful masjid. A man spent 20 years or more accumulating money and then building this masjid. He then opened it, but no one attends. It’s his house, not Allah’s house built for Allah’s Ummah
9:107. And there are those
Who put up a mosque
By way of mischief and infidelity—
To disunite the Believers
And in preparation for one
Who warred against God
And His Apostle aforetime.
They will indeed swear
That their intention is nothing
But good; but God doth declare
That they are certainly liars.
108. Never stand thou forth therein.
There is a mosque whose foundation
Was laid from the first day
On piety; it is more worthy
Of thy standing forth (for prayer)
Therein. In it are men who
Love to be purified; and God
Loveth those who make themselves pure.
109. Which then is best?—he that
Layeth his foundation
On piety to God
And His Good Pleasure?—or he
That layeth his foundation
On an undermined sand-cliff
Ready to crumble to pieces?
And it doth crumble to pieces
With him, into the fire
Of Hell. And God guideth not
People that do wrong.
110. The foundation of those
Who so build is never free
From suspicion and shakiness
In their hearts, until
Their hearts are cut to pieces.
And God is All-Knowing, Wise.
We know the story of the masjid in Quba. This masjid was the first built in Islam. But then some people who wanted to have status and power in the community built another one, for the purposes of fitnah in the community. Allah SWT orders the Muslims not to stand there in for prayer. Later, the Prophet SAW ordering it to be destroyed.
Many of our masaajid are built on these flimsy foundations, and so our boards and our congregations struggle against one another, sometimes to the point of litigating in the American courts. In their insatiable quest for status, they humiliate us and our deen, and in the end, no one respects them or is impressed by them.
9:110. The foundation of those
Who so build is never free
From suspicion and shakiness
In their hearts, until
Their hearts are cut to pieces.
And God is All-Knowing, Wise.
In several masaajid, these fitnahs have devolved into physical violence. In one case I am aware of personally, the long-time imam was beaten and sent to the hospital. The two sides ended up in the American courts because they refused to implement the judgment of an Islamic arbitrator. The community is destroyed, divided and demoralized. And some have given up on our “community” entirely.
Do you blame them for looking for something better… more sane? There is something better – Islam. Unfortunately, our contentious boards and contentious congregants have built their masaajid on other than Islam, other than taqwa. And so they end up tearing apart their own edifices.
Building Niches of Light, Houses
of Allah
As we saw above, Adam AS had the same fitrah as all of
us. He and Hawa had a natural conscience
leading to an innate morality or sense of right and wrong. But they still fell into error. When a being with freewill falls into error,
two possibilities arise. Iblis
exemplifies one. He refuses to
acknowledge his error. In his arrogance,
he tries to justify his actions. “I’m
better…” On the other hand, Adam seeks
forgiveness. “I’m sorry…” And Allah SWT forgives him and sends him
words of inspiration – wahy, revelation.
These words we call revelation guide mankind. They guide mankind to make moral decisions,
and this guidance begins with abandoning arrogance, acknowledging our faults
and mistakes, saying we are sorry, and seeking forgiveness.
How many times in the Qur’an does Allah speak to us of being
grateful and having repentance for our actions?
He also guides us in those areas that are not so obvious. For example, in two places in the Qur’an He
refers to the reality that you may not like a thing which is good for you and
may dislike a thing that is good for you.
These two times are in reference to one’s spouse, and fighting in
defense of Allah and His Community of Believers, His Ummah.
Allah has given mankind the Furqan, the Criterion that aids
him in being moral. To surrender to
Allah and worship Him alone leads to a moral life, while associating others
with Allah will lead you to serve too many masters and will cause an imbalance
in your life. Those “masters” will lead
you astray and cause you to fall into evil.
This is because ultimately, serving other than the one who has given you
everything can only stem from a desire to serve yourself, and such a desire is
not but selfish ingratitude.
As we saw, there are three kinds of knowledge. The first is acquired. The second is intuitive. But neither of these forms of knowledge can
aid us in making moral decisions.
How do I chose whether to pick up a $100 bill on the
street? Should I leave it, in the hope
the owner will return? Should I take
it? Finders keepers, losers
weepers. Or should I do something
else? Which would you do? Is this a black and white issue? Really?
The Shariah prescribes that I hold on to it, advertise it for a year,
and wait. Only if no one claims it can I
use it myself. And it would be even
better to give it in charity.
Our fitrah tells us not to steal it perhaps, but to train
the nafs to really be moral and to make the best moral choices requires
revelation, for the only way to obtain such knowledge is through something
other than acquisition or intuition. We
need revelation from Allah. And this is what Allah SWT did when He taught Adam
words.
2:37. Then learnt Adam from his Lord
Words of inspiration, and his Lord
Turned towards him; for He
Is Oft-Returning, Most Merciful.
Words of inspiration, and his Lord
Turned towards him; for He
Is Oft-Returning, Most Merciful.
This knowledge of the Criterion for Moral and Ethical Action
is what Allah SWT is referring to when He talks of Amr bi al Ma’ruf wa Nahi
anni al Munkar. Our Ummah is the best to
emerge from among mankind because we continue to call to ethical action. We call to do the good – the ma’ruf.
Allah speaks of alldhina amina wa amala salih, those who
believe, who affirm, and perform acts of reconciliation with Allah and with
each other. These are the Mu’min, those
who have Iman, Faith. We call to the
doing of acts that are moral, that reconcile people, that bring them together,
and that bring them to Peace.
We do not call to those acts which cause fitnah and hate.
Therefore, we prohibit munkar, those acts that divide, cause fitnah, cause
enmity and hate, those acts that are immoral.
Brothers and Sisters, we are the only Ummah left to call to
moral, ethical action. Most people have
abandoned it. They use all kinds of
justifications, but it is still immoral.
No matter how often we do a thing, it does not make it right. It only becomes habitual evil, not al
Ma’ruf.
To truly be able to Amr bi al Ma’ruf, Nahi anni al Munkar,
we must be of those who are grateful, who repent of our mistakes, and who seek
unity, not fitnah. Fitnah is worse than
killing. Fitnah Akbar min al Qatl,
Fitnah Shaddu min al Qatl. We must
respect one another, love one another as brothers and sisters, and treat one
another as we would wish to be treated ourselves.
When we come together in our masaajid, we come together to
worship Allah. No one who believes in
Allah, and in the Last Day, and that we are held accountable for our actions,
should grieve or fear, especially not in the House of Allah.
Admitedly, it may not be easy for a Sunni to feel
comfortable in a full blown Ithna Ashari masjid, with all the turbaat on the
floor, but whether we drop ‘em or pick ‘em up, that masjid is Bayt Allah, and
we are His guests, who have come to worship Him in peace and tranquility. Our word Salaat comes from the root S-L-L
meaning complete peace and communion; communion with Allah from within the
community of Believers.
Rest assured, there is no harm in exploring our past, in
trying to understand the roots of our urf today. But in the end, it’s history. There is no explaining that can remove that
history, and there is no understanding that can erase time. There is no making sense of it now. It is time to let go.
We cannot go back. We
must go forward. We have no choice. So let us do so with eyes - and arms - wide open. Let us walk - together -
into our masaajid, those Niches of Light built upon foundations of taqwa, those
Buyut Allah.
