Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Wednesday, April 1, 2015

Essentials of Christianity — Salvation by the Cross


The following is an essay I penned for my Religions of the Western World class taken under Rutgers University conducted by Professor James Pavlin. I'd like to present this forth as my Easter present to the world. Peace!

The Christian view of Atonement and Salvation is strongly linked to the concept of Original Sin and Sacrifice. Christians believe every sin is equal in the eyes of God. And God is Pure and Divine. So in order to reconcile oneself with God, he or she must cleanse himself or herself of all sins for any sin, even something as minute as a lie taints the soul and the soul then becomes turned away from God and His Grace.

This is where the earlier Jewish view of repentance through sacrifice comes in. The early Jews used to sacrifice cattle at the Temple of God in order to be forgiven by God and saved. But Christians believe that human beings are inherently tainted by sin from birth due to the actions of Adam and Eve. The act of disobedience performed by them in the Garden of Eden was so profound and deep that it cut into the souls of all their children. We are all tainted, as the Book of Romans, Chapter 3, Verse 10 tells us:
"As it is written, there is none righteous, no, not one."
And the Stature of God is indeed much too great to tolerate this, as the Book of Romans also tells us, this time in Chapter 3, Verse 23:
"For all have sinned, and come short of the Glory of God.

Due to the stain of the Original Sin imprinted upon the souls of all mankind as per the consequences of the action of Adam and Eve, no amount of good deeds such as prayer, fasting or charity can save mankind nor will the meticulous following of the Law because Christians believe that the Law is beyond human limitations to fulfill, for the Law demands that which we as humans cannot do.

"You shall be holy, as I the Lord your God am holy" is the impossible demand of the Law. In other words, humans cannot attain salvation by themselves. Verse 6 from Chapter 64 of the Book of Isaiah is used to explain this:
"But we are all as an unclean thing, and all our righteousness are as filthy rags."

Therefore, in order to pay the wager for the Original Sin, a perfect sacrifice was required to attain God's Grace for us. The idea of the sacrifice to be forgiven of sin comes from the Jewish tradition of sacrificing cattle, in most cases, a lamb, for repentance. So God, in His Infinite Mercy and Love, chose to become the sacrifice in flesh descending in the form of the Holy Son to die on the cross and atone for us all. This is why, Jesus, believed to be the Holy Son, is entitled the Lamb of God.

The Sacrifice of Jesus was required to cleanse humanity of the sin of Adam so that mankind may be saved and become pure again so their good deeds can be accepted by God as way to earn His Blessings. No excerpt of the Bible propounds this clearer than Romans, Chapter 5, Verses 12 through 21:
"Therefore, just as sin came into the world through one man, and death through sin, and so death spread to all men because all sinned — for sin indeed was in the world before the law was given, but sin is not counted where there is no law. Yet death reigned from Adam to Moses, even over those whose sinning was not like the transgression of Adam, who was a type of the one who was to come.
But the free gift is not like the trespass. For if many died through one man’s trespass, much more have the Grace of God and the free gift by the Grace of that one man Jesus Christ abounded for many. And the free gift is not like the result of that one man’s sin. For the judgment following one trespass brought condemnation, but the free gift following many trespasses brought justification. For if, because of one man’s trespass, death reigned through that one man, much more will those who receive the Abundance of Grace and the free gift of righteousness reign in life through the one man Jesus Christ.
Therefore, as one trespass led to condemnation for all men, so one act of righteousness leads to justification and life for all men. For as by the one man’s disobedience the many were made sinners, so by the one man’s obedience the many will be made righteous. Now the law came in to increase the trespass, but where sin increased, grace abounded all the more, so that, as sin reigned in death, grace also might reign through righteousness leading to eternal life through Jesus Christ our Lord."
But unless one accepts this sacrifice of God the Son to God the Father after he knows of it, he is not presented with God's Grace and he is denied the gift of eternal life because, as the Book of Romans, Chapter 6, Verse 23 tells us, Jesus Christ is the only way to Salvation and eternal life:
"...but the gift of God is eternal through Jesus Christ our Lord."
This, Christians justify, through the own words of Jesus as narrated in the Book of John, Chapter 14, Verse 6:
"I am the way, the truth, and the life: no man come unto the Father, but by me."



— Fahim Ferdous Kibria

Sunday, September 14, 2014

Bukhari Blackmail


Many great scholars of Islam have taken a great deal of time and trouble to explain the correct approach towards hadith which are attributed to the Prophet Muhammad as well as the application thereof. Extensive volumes have been written, and in all orthodox schools and seminaries of Islam, the study of ‘Usul al-Hadith’ is mandatory before progressing to higher studies. The subject is so important that the earliest surviving schools were at great pains both to collect hadith and regulate and limit their application in the appropriate ways.

Your problem however, most likely, will begin with the above paragraph.

You, if you are a lay Muslim, probably consider the collections of Sahih Bukhari and Sahih Muslim to be the earliest, most authoritative or canonical collections of hadith or alleged sayings of the Prophet.

However, in reality, the earliest collection of hadith is by the Hanafis, and then the famous Muwatta of Imam Malik. The very first book written after the generation of the Sahabah was the Kitab al-Athar of the Hanafis, containing numerous hadith, and as with the Muwatta of Malik, with very short chains as well as their application to jurisprudential considerations.

Hardly anyone today in the UK knows this though.

The reason is that today we have a highly heterodox approach to the hadith being expounded by two widespread and well funded groups who would like to claim the field for themselves. These people would like to take a hadith and settle a given matter by it alone. For example, there is the eponymous ‘blackmail by Bukhari,’ in which an unsuspecting person will be confronted by someone, usually without any kind of Islamic schooling apart from perhaps the ability to read Arabic, often poorly, who nonetheless will try to accost them with the information that:
Brother/Sister! Hadith is sahih in Bukhari, how dare you not act on it!

The necessity for having a grounding in fiqh and Islamic sciences and, above all, the Quran before one can extract rulings or even the Sunnah itself from the Hadith has been emphasized almost ad nauseum by the notable scholars of Islam past and present.

However, today the situation is acute and the lay people, whether Muslim or not, need a shield against the misguidance that can result from people being told to follow narrations directly or simply because they are in the canonical collections. Further, we are giving an excellent weapon to the enemies of Islam by insisting on traditions which either the scholars of fiqh or aqeedah rejected, despite their being classed as sahih in Bukhari or Muslim, or,
at the very least did not take literally.

The individuals and organizations spreading this misguidance hide under a false banner of orthodoxy or by accusing their Sunni challengers of ‘hadith rejection’ or sectarianism. The main groups responsible are the Ahl-e-Hadith and the associated Salafi movement. It is necessary to highlight at the very outset what the approach of both Sunni Islam and these groups in fact is before going into details – this is because any attempt to rectify these ideas results in a deliberate failure of these mentioned groups to state their actual position towards hadith and the subsequent confusion of the masses and in particular converts to Islam, from whom we receive requests for help with this issue.

In summary, the position of Sunni Muslims, as stated by both hadith masters such as ibn Hajar, an-Nawawi and, more importantly, the doctors of law and belief such as Abu Hanifa and Malik and Shafi'i is that the Quran is certain knowledge because it is mass transmitted, mutawatir, without the possibility of error: essentially, the Quran is narrated by so many different people who did not know each other and could not have collaborated in a lie that it is habitually impossible for it to have been fabricated – and this goes for all of the different recitations too. It is logically equivalent to a conspiracy of Medieval English people fabricating the existence of London and this never was exposed. So a good definition of mutawatir is ‘mass transmitted without the possibility of error.’

Besides the Quran, there are other mutawatir transmissions, a few in the hadith, such as "Whoever lies on behalf of me [The Prophet], let him prepare his place in Hellfire" and also outside the hadith, such as in the books of fiqh in issues such as how to pray.

Muhaditheen such as Imam Bukhari do not concern themselves with the Chains of Transmission, Isnad, of mutawatir narrations – this is because they are certain, profuse and investigating them is of no use.

However, besides the Quran and mutawatir hadith and narrations, there are some 1,000,000 more hadith. If we exclude variant chains with the same text, we still have 300,000. If we take those graded as sahih by, for example, the Shafi'is, who have a more lenient and inclusive in their methodology of hadith, mustalah al-hadith than the Malikis or Hanafis, then we are left with, say, 20,000 narrations attributed to the Prophet which may be sahih in isnad.

Virtually none of these 20,000 or so are mutawatir and the vast majority are ahad, that is, narrated singly, from a single witness. Further, most are narrated by meaning as opposed to verbatim, meaning that they can contain grammatical errors, which the verbatim speech of the Prophet would not, due to his perfect diction in Arabic.

But the isnad isn’t everything; we have to look at the content,  the matn, as well. Once we have found the isnad to be valid, we then examine the text of the narration itself.

Scholars who study the sunna have laid down many criteria for the study of hadith from the very inclusive, such as the Hanbali madhhab, to the very cautious, the Maliki and Hanafi madhhab, with the Shafi'i madhhab somewhere in between. The approach to hadith by experts of the sunna is often summarized in five points widely recognized:
  1. An isnad comprised of transmitters with good memory and exact recollection
  2. An intelligent grasp of what they are narrating as well as unimpeachable morals – and this must be attested to through the asma ar-rijal.
  3. These two qualities must be applied to each person in the chain – whether it is three people, seven or ten.
    If anyone is lacking, the hadith becomes less than sound. Once we have found the isnad to be sound and valid, we examine the text of the narration itself:
  4. It must not be aberrant, by contradicting the Quran, or a mutawatir hadith
  5. It must not have a fault rendering it unacceptable

The different usul of hadith then go on to elucidate these matters as well as the types of chains that can be accepted, and many of the differences in practices and creed between the schools of Islam depend on which ahadith they do and do not accept.

This is already a huge problem for the Ahl-e-Hadith – since they would like to decide the authenticity of a narration by its chain of transmission alone, regardless of the content of the actual narration. If, when they tell you a hadith is sahih, you ask them sahih in isnad or matn or both, they will react with anger and confusion, as for them, the content is not even secondary: the chain is absolutely everything.

There are many different terminologies used in the grading of hadith and they vary according to which method one follows – all of the groups have different methods and variant terms: the Malikis do not accept hadith that are sahih but clash with the practice of the inhabitants of Medina at the time of Imam Malik; Hanafis do not take sahih hadith if they clash with Quran or rationality, Shafi'is will take them if they meet his five conditions which are similar to those of Imam Bukhari, etc.

An important third grade of hadith is mashoor or famous. This is again another narration type and has different definitions in the different groups but in short it is more likely than ahad to be true – by being closer to mutawatir due to it’s acceptance by early generations or Companions despite not initially being mass narrated.

And now we come to the important part: mutawatir narrations, be they Quran or Hadith are regarded as absolutely certain by the ijma or consensus of Muslims, not only scholars, and logical, habitual necessity.

Mashoor hadith are regarded as Ilm-ul-Tomaneenah or very likely and ahad hadith with a perfect chain are regarded as Ilm-ul-Zann probable, or, a better translation is, maybe yet maybe not, or, as hadith master, ibn Hajar al-Asqalani puts it in his introduction to his commentary of the Sahih al-Bukhari known as the Fath al-Bari, fifty-fifty. No-one in Islam says that ahad hadith are certainly attributable to the Prophet. In fact, to assert this would be a heresy, bida’t. But the Ahl-e-Hadith and Salafis, despite their insistence to the contrary. do not in fact follow Sunni Islam.

And this last part, namely that ahad narrations, essentially what all of the contents of Sahih Bukhari, Sahih Muslim, Sunan Abu Dawood, Tirmidhi, Musnad Imam Ahmad and many others works as such happen to be, are not certain, and this is what groups such as the Ahl-e-Hadith and Salafis do not like: they would, to varying degrees of disagreement among themselves, like it if an ahad hadith that was authentic in chain would be considered as certainly affirmed knowledge, in the same way as the Quran or mutawatir hadith, and thus be acted on.

Some of them will say this openly, but others will deny it by arguing that they, example, the Salafis, do have principles or usul al-hadith, but in practice, they mean merely checking the chains of narrations and then comparing them to Bukhari and giving preference to Bukhari over Muslim, Muslim over Tirmidhi, so on and so forth, and not whether the imams of fiqh took these into account when making rulings.

Furthermore, these people usually will not check them against Quran and insist that ahad narrations can specify or even abrogate the Quran – and most importantly that they can be taken into belief – that is, matters which cannot certainly be proved to be part of what the Prophet passed on should be treated as so and taken into creed. There are various glosses and a lot of smoke and mirrors with all of this, but that is what their approach amounts to.

It goes without saying, this is not the approach of the Ahlus-Sunnah w'al-Jama'ah. Nor even Twelver Shi’ism.

Of course, these people, claiming to be the Ahl-e-Hadith or the party of hadith claim that they posses the correct methodology and that it is the other groups that are heterodox. These people are very hostile to those who do not accept their version of hadith studies, or rather, lack of hadith studies, even if they are from the Salaf as-Salehin such as Imam Abu Hanifa or Malik. However, because of the prestige those leaders or ‘Imams’ enjoy in Muslim communities, their periodic attacks on their scholarship are met with a harsh response. More on this later.

In fact, the dispute is an old one as many converts who were led to serious strife by the question of the correct approach to hadith have realized, for example, Dr. Jeffrey Lang in his masterpiece – and I don't use that term lightly – Losing My Religion.

There has been a long standing conflict between the people of hadith and the people of fiqh: Abu Hanifa was accused of being both ignorant of hadith and of rejecting them – because to these people, rejecting a hadith that is sahih in terms of its chain is an impossibility, though, as we will see, out of necessity, they are often forced to do so, in which case they usually try to pretend that there was some problem with its chain, even if the chain was authenticated by Imam Bukhari or Muslim.

It is shocking for many Muslims who have been ‘blackmailed by hadith’ to note that many muhadditheen, including some of the most well known such as Imam Bukhari and Imam Ahmad, disparaged the jurists in the strongest terms. One can see that Bukhari hardly narrates from either Imam Abu Hanifa or Malik. And how is it that the earliest book of hadith, by one of the people who set up hadith studies in the first place, Imam Malik’s ‘Muwwata’, is not considered one of the reliable books of hadith and not in the Kutub as-Sahih as-Sittah?

The inescapable conclusion is that the imams of fiqh were useless in hadith,

or

The muhadditheen sometimes went overboard in their zeal, as we shall come to see soon.

One of the tricks used by Salafis to avoid openly insulting the Imams Malik and Abu Hanifa in particular is to insist that the scholars of hadith, despite their limited specialization and competence, namely in hadith only, should nonetheless be given priority about what is and is not Islam and to imply that people like Abu Hanifa were Imams in name only but lacked all competence in hadith. This is a most dangerous method: imams of hadith sometimes disparaged doctors of creed and law by narrating that some only knew five hadith and other muhadditheen went so far as to accuse people like Abu Hanifa or Malik of apostasy.

So by demanding that you follow the narrations of their select and sectarian muhadditheen alone, they are in fact opening the door to you disparaging the fuqaha and even accusing them of kufr. Of course, they do not want to come out and say this as the large number of individuals and sects from the subcontinent in the UK will react harshly, since they tend to respect Abu Hanifa.

They are in fact trying to revive an old issue, already resolved in Sunni Islam until billions of petrodollars flowed into mosques and publishing houses around the world to imbibe their heresy into the beliefs of ordinary Muslims – and if it means accusing people like Malik or Abu Hanifa of multiple apostasies or endangering the faith of lay Muslims and arming Christian or atheist missionaries by reviving neglected and rejected hadith, then so be it.

Further, they are forcing, again in a stealth way, people to choose between the Scholars of the Salaf as-Saleh such as Abu Hanifa and eminent imams of hadith such as Bukhari: apart from the fact that this is a disgraceful way to conduct Islam, this is no choice at all – Bukhari is a mighty scholar of hadith but has no madhhab, no book of aqeedah, in short, he is not even a jurist.

Apart from the fact that Abu Hanifa and Malik, as well as Shafi'i are Bukhari’s seniors in even hadith as they set up the principles of this science, unlike Bukhari, they also set up the science of fiqh, creed, were eminent logicians and mutakalims. Imam Bukhari did not pretend to engage in these disputes with them, and if he did, where is his madhhab and his book of fiqh? As we shall see later, he did not concern himself in his Sahih even with how to pray the compulsory daily prayers, as he deferred to the senior imams in this.

This trick of elevating their favourite muhadditheen or scholars above the Sahaba or Salaf as-Saleh is repeated by the Ahl-e-Hadith for latter day entities such as ibn Taymiyyah and Nasiruddin Albani, who they again allow to second guess the Salaf on aqeedah, fiqh and hadith respectively.

In any case, the matter has been settled in the favor of the jurists, at least for Sunni Muslims, because elevating the Sahih to certainty can cause serious problems as will become evident later.

The old dispute has been underscored such that there is no hadith without first understanding fiqh – in short, the people of creed and jurisprudence – who are polymathic, have seniority over the people of Hadith alone:

Ash-Shâfi`î, himself a Muhaddith and, apart from Ahmad, the most partial of the schools to hadith, narrated that Mâlik ibn Anas was told:
ibn `Uyayna narrates from az-Zuhrî things you do not have!
He replied:
Why, should I narrate every single hadîth I heard?
Only if I wanted to misguide people!

Ibrâhîm al-Nakha`î, teacher of Imam Abu Hanifa, a Salaf and Muhaddith himself, said:
Truly, I hear a hadîth, then I see what part of it applies. I apply it and leave the rest.
Sheikh Muhammad `Awwâma commented:
Meaning, what is recognized by the authorities is retained.
Anything odd, anomalous, or condemned is put aside.

Hujjat al-Islâm Imam al-Ghazâlî, a Shafi'i, in al-Mustasfâ and Imâm ibn Qudâma, a Hanbali and Muhaddith, in Rawdat an-Nâzir, both said that an`Âlim may be an Imâm in a particular science and an uneducated common person in another.

Thus it has been agreed that knowledge of hadith alone does not make one omnicompetent in Islamic sciences: without any insult, one can compare the superior muhadditheen to the great historians – their exacting standards in checking and authenticating information do not however make them competent in other fields such as theology.

Another way to put it is that there is more to Islam than hadith studies – a lot more. Nor are hadith even the most important sources in Islam – that would be the Quran and then usul of tafseer, since the Quran is the protected source text of Islam. And before even that, God commands the use of the intellect to come to the right conclusions about which religion to follow.

It is easy to understand: we would not allow, even today, the greatest historians to pronounce on physics nor vice versa, unless they were polymaths. Gibbon would never dare argue with Maxwell on electromagnetism, no mater his eminence as a historian. But sadly, this is all to common in Islam, with the muhadditheen often resorting to the most base insults against the jurists. The polymaths of Islam were the fuqaha, not the muhadditheen, the earliest and greatest of whom was Abu Hanifa, as Imam Shafi'i conceded, ‘All Islamic jurisprudence is from him.’

Many of even the greatest and most eminent of the muhadditheen were not qualified to give fatwas or deferred to the Imams of Creed and Fiqh. However, there were many who did offer an opinion, based only on hadith and their literal meanings, and these had a huge problem with Abu Hanifa and Malik:

Ibn `Abd al-Salâm said:
Most hadîth scholars are ignorant in fiqh.
90% according to Anas ibn Sîrîn – among the Salaf. So now what is left for the latter day muhadditheen?

Imam adh-Dhahabî, again, a muhaddith himself, said:
The majority of the hadîth scholars have no understanding, no diligence in the actual knowledge of hadîth, and no fear of Allah regarding it.
[as-Sakhâwî, al-Jawâhir w'ad-Durar, p. 18]
All of the authorities adh-Dhahabî listed as “those who are imitated in Islâm” are jurists and not merely muhaddîtheen.

As-Sakhâwî, in his biography of ibn Hajar, entitled al-Jawâhir w'ad-Durar fi Tarjamat Shaykh al-Islâm ibn Hajr states that al-Fâriqî said:
One who knows chains of hadîth but not the legal rulings derived from them cannot be counted among the Scholars of the Law.

His student, ibn Abî `Asrûn (d. 585) also followed this view in his book al-Intisâr.
[as-Sakhâwî, al-Jawâhir wa al-Durar, p. 20-23]

When you encounter people of the Ahl-e-Hadith and Salafis, they will fail to show you a single reference from the Salaf or the Mujtahid Imams saying that you must follow all hadith that are sahih without question as long as the chain is sahih. They will talk about ijma but none will be demonstrated. In fact, it is clearly stated by the scholars that hadith is misguidance without checking them:

ibn Abî Zayd al-Mâlikî reports Sufyân ibn `Uyayna as saying,
Hadîth is a pitfall (madilla) except for the fuqahâ’.
And Mâlik’s companion, `Abd Allâh ibn Wahb, said,
Hadîth is a pitfall except for the Ulema. Every memorizer of hadîth that does not have an Imâm in fiqh is misguided (dâll), and if Allâh had not rescued us with Mâlik and al-Layth [ibn Sa`d], we would have been misguided.

Imam Ahmad’s teacher, Yahya ibn Sa`id al-Qattan, despite his foremost status as the Master of Hadîth Masters, would not make rulings from hadith but followed in this the fiqh of Abû Hanifa as he said bluntly:
We do not belie Allah. We never heard better than the juridical opinion (ra’î) of Abû Hanîfa, and we followed most of his positions.

Here is where ‘Blackmail by Bukhari’ occurs: surely all this does not apply to Bukhari, right?

Surely Bukhari was at the same rank as the Mujtahid Mutlaq Imams who set up the madhahib?
If he, of all people, narrates a hadith, we have to follow it, right?!

Wrong.

He never claimed to be Mujtahid. Nor did he himself say that it is necessary to act on all of his hadith. Nor did he claim to be setting up his own school of aqeedah or fiqh. He is an imam of hadith only.

If we are to follow Bukhari or muhadditheen to the neglect of Sunni Islam and these Imams' own advice and assertions then we should know that ‘imam,’ in English, can be translated as ‘one who guides’ or ‘one to follow’.
So since people would have us follow Imam Bukhari and his ‘school’ even though he did not tell us to, then lets attempt this:
  • First of all, we would have to give up calling ourselves Salafis or Followers of the Salaf as-Saleh since Imam Bukhari is from long after those generations since he was born 194 years later and did not complete Bukhari till near his death – in fact he left it unfinished so it was interpolated by two other authors, so the final draft is from even later.
  • We also have to admit that we have no school from neither the Sahaba or Tabi'in since this honor falls only to Abu Hanifa, 63 AH, though his enemies among the muhadditheen try to make it later.
The Salafis of course will try to allege that the ‘school’ is in the hadith.
Let's see if this is true momentarily.

Also, we do not have any books of hadith from the Salaf or the Tabi'in accepted into the Kutub as-Sahih as-Sittah by the Ahl-e-Hadith, so we find ourselves in a similar position to the Christian Scriptures, where the important narrations were not sorted out or put to paper until at least 200 years after Hijri. Of course, there was a oral tradition, but the necessary input of authentication by Imam Bukhari and Muslim had to wait for nearly three centuries, and until then people were supposedly in a confused state. We then also have to pick between Bukhari and Malik: he narrated only a thin book of hadith, unlike the near 5,000 in Bukhari – his Muwatta is a short volume, easily read in a day or two and not even composed entirely of hadith – there are many pages of judgments and he judges against some of the hadith he himself narrates.

There are two options:

Malik, and the Hanafis before him who collected hadith, are negligent and failed to pass on or even write down the essential hadith which we needed,

or

They did indeed pass on what is needed and Bukhari and others were collecting additional material for historical purposes only.

The other option is that the imams of fiqh were ignorant of hadith and we had to wait for Bukhari to come along,

or

Bukhari includes, for the historical record or his own reasons, hadith which they rejected as non-applicable despite their being sahih.

But if we use Imam Bukhari or muhadditheen alone, despite the fact that he was following others in law and aqeedah, notwithstanding his personal idiosyncrasies in fiqh, and ignoring the fact that he did not even claim to set up a school of creed or jurisprudence, we should at least be able to find the details for our beliefs and practices in his or other muhadditheens’ books, right?

Wrong.

Where, for example, does Bukhari narrate how to pray a single raka'ah of salat to completion?
Or the numbers of the components of the five different prayers?
Or the comprehensive non-conflicting accounts of their timings?
The answers are in fact spread out all over the books of fiqh and hadith and most of the relevant hadith, unfortunately, are not even sahih.

So Imam Bukhari makes no effort to show us even how to pray a single raka'ah, probably because he knew this was not needed as people would not be so foolish as to take his book as a reference as opposed to a historical record or manual of hadith, and yet we are supposed to follow sahih hadith no matter what?

Ahl-e-Hadith will say that omissions from his book, even on so important an issue as prayer, do not mean we leave the rest of the sahih hadith. They will argue that leaving a sahih hadith is bida’t. But which imams of creed or even fiqh said that? In fact the position is that the Imams and suitably qualified people did indeed leave or not act on hadith, in either their literal meanings, or believed them to be abrogated or strange in matn.

Hanafis such as Isa ibn Abban rejected swathes of ahad narrations and although the grounds for rejecting the ahad sahih vary between the Ahlus-Sunnah, with the Hanbalis most reluctant to reject any, it is valid to reject an ahad in meaning or content with a reason; the problem only comes if I reject one for no reason at all. But here again Salafis will try to confuse you: they will have to admit that the sahih can be rejected, since their own Imam of Hadith, Nasiruddin Albani rejected many, but they will assert that hadith can only be rejected on the grounds of their chain and not their apparent meanings. This is again a lie and mere sophistry, but we will come back to this.

The unfortunate result of ‘Bukhari Blackmail’ is to encourage people to question the intentions of Imam Bukhari, set up a conflict between him and the Fuqaha, to a greater extent than was the case, and to ultimately encourage people along the path of hadith rejection by making them think that every narration must be taken into belief: questions in beliefs, such as ‘does God have a son?’ can only be on certainty – you cannot be 90% sure in Islam, only 100% will do. So how can taking Ilm-ul-Zaan or ahad narrations, probabilistic knowledge, into matters of belief be appropriate?

Sadly, confusion and posturing abound from Ahl-e-Hadith – apart from failing to show how to pray from sahih hadith alone, they make bizarre claims that Imam Bukhari himself did not make: for example, not all of the hadith narrated by Imam Bukhari are of one grade – Sahih: however, they will never tell you the actual facts, leaving Christians and atheists to come up to you and tell you that the ‘hadith is in Bukhari and sahih and thus you must accept it!’ – when in fact some of Imam Bukhari’s own hadith do not meet his conditions and he merely adduces them as supporting evidence for the main hadith of the chapter:
”Auxiliary narrations served to bolster the authenticity of the prophetic tradition, but neither Bukhari or Muslim felt the need to meet their usual rigorous standards for authenticity when dealing with them.”

So the actual percentage of Sahih al-Bukhari which is sahih according to his conditions is not all of it but only the main chapter heading ahadith only – the others may sometimes not be. Some scholars give a figure of 1/3 of his hadith meet his condition, others less. There is much confusion about this and Imam adh-Dhahabi – yes, he is a muhaddith too – expresses it thus:
”They are all Sahih, but not all of them reach the same high degree of Sahih.”

The danger of harassing Muslims by insisting that hadith is sahih so how dare you not believe in it or follow it is manifest in the fact that it is not only hadith narrations which can be sahih, and nor are by any means all or even most sahih hadith narrations in the collections of Bukhari and Muslim. Again, this is a consensus of Sunnis and admitted by Imam Bukhari in the full title of his Sahih – which is called the ‘short version or summary of the book’ – the Satanic Verses incident is graded as sahih by hadith masters such as Imam ibn Hajar and historians such as Imam Tabari, also a hadith master and faqih, though his school is currently lost, alike – but they knew and articulated clearly that being sahih did not mean ‘true’ but merely that the chain was correct – the content and meaning could well be rejected, as it is in this case. But a person nowadays, suitably mislead by the Salafi movement could be incited, as ibn Taymiyyah was, to mistake its sahih status for its acceptability and thus to believe that the Prophet compromised on the issue of monotheism – an impossibility rejected by all orthodox Muslims.

You would think the incident of the Satanic Verses or the Hadith of the Cranes as it is known would be sufficient to deter the Salafis from endangering people’s Iman by threatening them with Bida’t if they fail to accept any and all sahih narrations, but no such luck.

They will retort with the deceptive claim that none of the hadith masters rejected the sahih hadith – that is not true: they were rejected openly such as the Satanic Verses incident, except by ibn Taymiyyah, who is, in fact, not found among the lists of senior hadith masters anyway.

What these individuals are trying to fool you with is the fact that they were rejected did not make them not sahih, as that only relates to their chain but not their truthfulness, since these two concepts are identical to many Salafists and all Ahl-e-Hadith, they try to equate them in your mind as well.

However, the scholars of Islam were under no such illusions, and Imam Bukhari was well aware of the criteria of fallibility as prescribed in the Quran for all works of man and muhadditheen: ‘Will they not then ponder on the Qur’an? If it had been from other than Allah they would have found therein much incongruity.’ [4:82] – this states clearly that all works other than those of God are plagued by contradiction.

So although the issue of the Satanic Verses should be enough to deter people from ‘Hadith is sahih brother, how dare you go against it,’ it will be necessary here to show that Imam Bukhari and others narrated hadith which they knew would not be acceptable in Islamic fiqh or aqeedaH but that they were documenting only – their lack of endorsement or explanation of these narrations demonstrates that sufficiently

Bukhari 18. ‘What one is cautious about in bad luck in a woman’:

4805. It is related from ‘Abdullah ibn ‘Umar that the Prophet, may Allah bless him and grant him peace, said,
There is bad luck in women, houses and horses.

4806. It is related that Ibn ‘Umar said,
They mentioned bad luck in the presence of the Prophet, may Allah bless him and grant him peace, and the Prophet, may Allah bless him and grant him peace, said,
If there is bad luck in anything, it is in houses, women and horses.

This story is found in a number of ways in various hadith collections: the first narration clearly claims that there is such a thing as bad luck and the second says ‘if’ thus leaving the question open. 

Obviously there is no such thing as bad luck and least of all in women – this absence of superstition in Islam is confirmed in Bukhari itself. Yet Imam Bukhari narrates the hadith here without comment or explanation and again in Adab wal Mufrad. A person picking this up would be shocked and confused, especially as Imam Bukhari omitted the explanation of Hazrat A’isha where she explained that ibn Umar had missed out the phrase that the Prophet said, ‘The ignorant people believe that there is bad luck in…’

Imam Ahmad, who checked and approved of Imam Bukhari’s Sahih, did include that narration of A’isha: so the options are that Imam Bukhari wants you to believe that
  • Women are bad luck
  • He narrates contradictory hadith
  • You are not to act, believe in or even read as a layman every hadith in Bukhari

Sahih Bukhari, Narrated Aisha:
Allah’s Apostle heard a man reciting the Qur’an at night, and said,
May Allah bestow His Mercy on him, as he has reminded me of such-and-such Verses of such-and-such Suras, which I was caused to forget.

Obviously, no-one is saying you should believe in this, or it could lead one to think that the Prophet forgot parts of the Quran, which is clashing with Quran and aqeedah.

But Imam Bukhari does not provide any explanation – having narrated it, it is left to the Imams of Fiqh and Aqeeda to sort out, and they of course reject it. There is no question of ‘following the hadith’.

Again, from Bukhari, narrated Abu Huraira,
The Angel of Death was sent to Moses and said,
Respond to your Lord.
Moses slapped him severely, knocking out one of his eyes. The angel went back to his Lord, and said,
You sent me to a slave who does not want to die.
Allah restored his eye and said,
Go back and tell him to place his hand over the back of an ox, for he will be allowed to live for a number of years equal to the number of hairs coming under his hand…

Now a person reading this narration without knowing that not all sahih are taken into belief would be most confused: it has been addressed in detail by Islamic scholars. It is clearly related in the Quran that the time of death of any person will not be postponed and in any case it is unacceptable for a Prophet to reject death and refuse to respond to the Call of God.

It would also seem strange that angels are creatures that can have their eyes knocked out by humans. Various explanations have been offered by scholars such as Qadhi Iyadh and hadith scholars such as ibn Khuzayma, who said that perhaps Moses mistook the Angel of Death for an assassin. These explanations are in themselves problematic due to the text of the hadith, but the point here is that it is narrated without explanation and has no relevance to practice or doctrine – inflicting it on people as if Imam Bukhari meant for them to act on or believe it can cause serious confusion.

Narrated ‘Imran bin Husain,
The Verse of Hajj-at-Tamatu was revealed in Allah’s Book, so we performed it with Allah’s Apostle, and nothing was revealed in Qur’an to make it illegal, nor did the Prophet prohibit it till he died. But the man just expressed what his own mind suggested. That man was Umar.

This will likewise, without the explanation of the scholars, which Imam Bukhari does not provide, cause confusion and make someone believe that Umar makes things up off the top of his head – the hadith requires commentary and could cause confusion without it. ‘Following the hadith of Bukhari’ does not help here either.

Sahih al-Bukhari Hadith 1.251 Narrated by Abu Salama,
‘Aisha’s brother and I went to ‘Aisha and he asked her about the bath of the Prophet. She brought a pot containing about a Sa’ of water and took a bath and poured it over her head and at that time there was a screen between her and us.’
What is the point of telling people to accept stories such as this? Imam Bukhari is clearly documenting for the purpose of historical record a story even as strange as this which is, in fact, rejected by Hanafis and omitted by Malik and Shafi'i. In its literal meaning it implies that Aisha had a bath behind a screen to demonstrate how to do ghusl – but this is impossible for our mother A’isha.

Various glosses have been presented, but none are of any use and the hadith is a favourite of Shia; if she was to demonstrate the ghusl, she had no need to undertake it in front of them, it is impossible for the screen to be transparent so what is the point of this narration other than for it to be used against those who like to disparage our noble mother Ai’sha?

Will the Ahl-e-Hadith go around telling people this hadith is in Bukhari so we must accept it? Or one of their bizarre explanations stating that this happened but that she was fully clothed, which would still be unacceptable, or that she merely had the bath, in which case what was the point of having them witness it? Enforcing this hadith is of no value and the Hanafis dealt with it appropriately by rejecting it despite the sahih status.

Bukhari 3:49 863, Narrated Al-Bara',
When the Prophet intended to perform ‘Umra in the month of Dhul-Qada, the people of Mecca did not let him enter Mecca till he settled the matter with them by promising to stay in it for three days only. When the document of treaty was written, the following was mentioned:
These are the terms on which Muhammad, Allah’s Apostle agreed.
They said,
We will not agree to this, for if we believed that you are Allah’s Apostle we would not prevent you, but you are Muhammad bin ‘Abdullah.
The Prophet said,
I am Allah’s Apostle and also Muhammad bin ‘Abdullah.
Then he said to ‘Ali,
Strike off ‘Allah’s Apostle.’
‘Ali said,
No, by Allah, I will never rub off your name.
So, Allah’s Apostle took the document and wrote,
This is what Muhammad bin ‘Abdullah has agreed upon.

Taken literally, it means the Prophet could not only read but write as well – this narration is beloved of Christian missionaries, but again, it is rejected by scholars and the explanation is found later on in Bukhari – what actually happened is clarified in the following two ahadith. Ali refused to honor the Prophet’s request & the Prophet struck that part out himself. He did not write as mentioned in Bukhari 3:863.

Narrated al-Bara bin ‘Azib,
When Allah’s Apostle concluded a peace treaty with the people of Hudaibiya, Ali bin Abu Talib wrote the document and he mentioned in it, “Muhammad, Allah’s Apostle .”
The pagans said,
Don’t write: ‘Muhammad, Allah’s Apostle’, for if you were an apostle we would not fight with you.
Allah’s Apostle asked Ali to rub it out, but Ali said,
I will not be the person to rub it out.
Allah’s Apostle rubbed it out and made peace with them on the condition that the Prophet and his companions would enter Mecca and stay there for three days, and that they would enter with their weapons in cases.

However, Imam Bukhari yet again does not explain – this is because these narrations are not meant to be taken in the way the Salafis and Ahl-e-Hadith tell us. Unless they are saying that we are to work out what Imam Bukhari means without him telling us – in which case we need another Imam and so on ad infinitum.

Sahih Muslim, Kitab ar-Radaa’ A’isha reported:
Sahla bint Suhail came to Allah’s Prophet and said,
Messenger of Allah, I see on the face of Abu Hudhaifa signs of disgust on entering of Salim who is an ally into our house.
Allah’s Prophet said,
Suckle him.
She said,
How can I suckle him as he is a grown-up man?
Allah’s Messenger smiled and said,
I already know that he is a young man.
‘Amr has made this addition in his narration that he participated in the Battle of Badr and in the narration of ibn ‘Umar the words are: Allah’s Messenger laughed.

Will the unhinged members of the Salafi ranks go around demanding that Imam Muslim meant for this to be applied or that it in fact actually happened? It is clear by now that people who will insist in the Satanic Verses will not stop at this either, but Imam Muslim is surely collecting the narrations as a historian is wont to do – he cannot be asking us to believe in it. In any case, the hadith is rejected for obvious reasons.

Abu Dawood 4723:
It was narrated from al-Walid ibn Abi Thawr, from Simak, from ‘Abdulläh bin ‘Amirah, from al-Ahnaf bin Qais, from al-‘Abbãs ibn ‘Abdul-Muttalib, who said,
I was in al-Batba’ with a group of people, among whom was the Messenger of Allah . A cloud passed over him, and he looked at it and asked,
What do you call this?
They replied,
as-Sajãb.
He asked,
And al-Muzn?
They replied,
And al-Muzn.
He asked,
And ‘Anãn?
They replied,
And al-‘Anan.
He then asked,
How much do you think there is between heaven and earth?
They replied,
We do not know.
He said,
Between them is seventy-one, or seventy-two, or seventy-three years, and between it, and the heaven above it is the same and so on.
And he had counted seven heavens and said,
Then above the seventh heaven there is a sea, between whose top and bottom is a distance like that between one heaven and another. Then above that there are eight mountain goats.
The distance between their hooves and their knees is like the distance between one heaven and the next. Then on their backs is the Throne, and the distance between the bottom and the top of the Throne, is like the distance between one heaven and another. Then Allah is above that, may He be Blessed and Exalted.

This is a particularity embarrassing hadith for the Salafis, especially as ibn Taymiyyah graded it as acceptable, but the idea of God being carried on wild goats, or carried at all, is heretical – the hadith, despite being narrated in many collections and graded as sahih by at least ibn Khuzayma and ibn Taymiyyah, is rejected for naked anthropomorphism and for sounding eerily familiar to God riding a cherub in the Old Testament. Are we to accept this bizarre and faith busting narration merely because it is graded as sahih by some hadith scholars?

Sometimes the explanations, which are outright lies in the cases presented, make the problem worse: A deliberate mistranslation where they interpolate ‘Angels’ for ‘goats’ and truly awful and confusing explanation here: http://islamqa.info/en/88746

Sunan Abu Dawood and Musnad of Ahmad: Narrated from Abu Huraira – ”The illegitimate child is the most evil of the three,’ meaning more evil than his parents”

Once again, this is a confusing narration and there are others like it of various degrees of authenticity. Shall we follow it because some, including Salafis like Albani, say that it is sahih? Obviously not, as it clashes with the Quran and seems to promote the idea of ‘Original Sin’ – however, the explanation of Hadrat Ai’sha, namely that the hadith does not mean what Ahmad and Abu Dawood are narrating but warns the child against replicating the actions of his parents, was not included by the muhadditheen, either for their own reasons or because it did not meet conditions.

Obviously, foisting this narration on someone and then telling them it is sahih is going to cause major confusion – Hanafis and Malikis rejected it and muhadditheen who wanted to retain it were forced to offer their own explanations instead. But none of these explanations are in front of you when you read this narration – so what happened to following all sahih narrations?

This narration is very useful in illustrating the Salafi mentality – after demanding that one accepts hadith, when a difficult one comes along, they resort to gymnastics and other sources to try and explain it: a funny strategy of theirs is to say that Albani did not accept so and so hadith or ibn Baz rejected it in fiqh, as if their latter day 20th century imams had to be awaited before clearing up important issues. And once again – they will try to give muhadditheen exclusive rights to critique hadith for fear that the jurists would reject them – as indeed jurists were justified in doing.

Sahih Muslim Book 19, Hadith Number 4322.
Chapter: Permissibility of killing women and children in the night raids, provided it is not deliberate.

It is narrated by Sa’b b. Jaththama that he said,
Messenger of Allah, we kill the children of the polytheists during the night raids.
He said,
They are from them.

Here is an interesting counter example – an effort has been made by Imam Muslim to explain the narration which could be misconstrued. He also takes care to put it after the section denouncing the killing of non-combatants. But once again, not knowing that no-one in Islamic history took this literally and that it was merely an understanding that accidental civilian deaths due to cavalry damage occurred due to mingling of civilians with combatants and were unavoidable but extremely regrettable, could lead the one who has been ‘blackmailed’ by hadith to conclude that ‘they are from them’ means it is licit to kill them as opposed to ‘they are mixed up with them,’ which would have been a better translation. One can see how those of the ‘party of hadith’ predisposed to violence can easily be led astray by narrations without fiqh.

Then there is this flagrantly confusing narration in Bukhari, a favourite of Shia:
Narrated Nafi’,
Whenever ibn ‘Umar recited the Qur’an, he would not speak to anyone till he had finished his recitation. Once I held the Qur’an and he recited Suratul-Baqara from his memory and then stopped at a certain Verse and said,
Do you know in what connection this Verse was revealed?
I replied,
No.
He said,
It was revealed in such-and-such connection.
ibn ‘Umar then resumed his recitation. 
Nafi added regarding the Verse:– So go to your tilth when or how you will, Ibn ‘Umar said,
It means one should approach his wife in …
The ‘dot dot dot’ is not mine: it is in fact in the text of Sahih Bukhari: if we are to ‘follow all sahih hadith,’ what do we make of this confusing narration? How do we act on this, especially as the narration exists in a full form with the same chain, that Imam Bukhari neglected to mention – thus the bit he missed out is:
“Approach the woman in her anus.”

This narration is rejected by all Sunnis, and in any case, what is the point of narrating an incomplete and confusing passage such as this? Did Imam Bukhari mean for us to ‘follow it’ as Salafis and Ahl-e-Hadith claim? Obviously not.

Sahih Bukhari, Kitab Al-Jihaad:
Narrated Abu Huraira,
Allah’s Apostle said,
Once Solomon, son of David said,
Tonight I will have sexual intercourse with one hundred women each of whom will give birth to a knight who will fight in Allah’s Cause.
But he did not say, ‘Allah-willing.’ Therefore only one of those women conceived and gave birth to a half-man. By Him in Whose Hands Muhammad’s life is, if he had said, “Allah willing’, he would have begotten sons all of whom would have been knights striving in Allah’s Cause.

Are we really expected to believe that Imam Bukhari expects us to believe in this shocking incident? In any case, how is it reconciled with a Merciful God that Solomon, a Prophet, is punished for not saying ‘If Allah wills,’ which is not even a sin in the first place, so severely by God? Then what chance do any of us stand? And why is God punishing the mother of the child and the child itself for something Solomon did? Does Imam Bukhari expect us to become Christians? Of course not – this narration was never meant by him to be accepted in the manner that the Salafis and Ahl-e-Hadith are doing.

Obviously, examples can be multiplied ad nauseum, but this should be sufficient: the next time people demand that you act on a hadith because the muhadditheen graded it as sahih, ask them about acting on these narrations.

It can be seen that it is clear that, hopefully, the muhadditheen were not collecting these for the purpose of acting on them or believing them but rather for the purposes of historical interest: none of them have any relevance to this life or the hereafter and if pursued lead to misguidance and confusion.

However, be warned – Salafis and Ahl-e-Hadith will nonetheless challenge you with outlandish explanations as seen for the Hadith of the Goats, where they resorted to actually changing the words in translation and adding a whole sentence about Angels that is not in the text.

You will also be constantly harangued with ‘show me anyone (they mean anyone they approve of) who rejected sahih hadith': be careful as they are playing with you – no-one rejected the hadith as not being sahih, as in having an authentic chain. They did indeed reject them in meaning, application or truth, because, in contrary to what the folks of the Ahl-e-Hadith would like you to think, a sahih hadith, having a perfect chain, can be rejected for its meaning.

There is no reason to denounce a hadith as ‘not sahih’, as the chain never gave it certainty in the first place. These people have misguided many with this piece of sophistry and deception: it is not necessary to grade as hadith as ‘not sahih’ to reject it, in fact no-one ever did, since a hadith sahih in chain may be rejected by suitably qualified people for a valid reason.

Sahih does not mean ‘true’ or ‘most definitely said by the Prophet,’ so there is no need to tackle the hadith by saying ‘not sahih = not true,’ since sahih did not mean true in the very first place, as explained by, among many scholars, ibn Hajar in his introduction to his magisterial commentary on Sahih al-Bukhari.

Further, those who decide the rejection on content are not the imams of hadith, who are experts in chains only, somewhat akin to modern day archaeologists or forensic historians, but rather the doctors of law such as Malik and Abu Hanifa, and they do indeed frequently reject sahih narrations, some of which were shown above.

We also unfortunately need to combat here in more detail the nonsensical assertion that no hadith in Bukhari has ever been critiqued or challenged: this is utter sophistry, especially coming from Salafis whose Imam of Hadith, Albani, actually not only questioned but, despite his latter day status and numerous documented gaffes in hadith sciences, actually rejected a shocking number of ahadith from Bukhari and Muslim.

Recalling that the Imams of Sunni Islam usually had no need to overtly reject sahih hadith since they did not consider them to be anything other than probabilistic in the first place, their willingness to attack narrations in Bukhari would have perhaps pleased the academic in Imam Bukhari himself.

Not only do the Imams of Sunni Muslims question and indeed reject some narrations of the Sahih, so do the Mujassim Imams of the Salafis – ibn Taymiyyah and ibn Qayyim themselves – so what is the point of haranguing lay Muslims with ‘the Hadith is in Bukhari! How dare you question!’ – these arch-deacons of Salafism not only question but reject sahih from Bukhari:

Imam al-Bukhari writes:
Abu Hurayra reported that the Prophet (may Allah bless him and grant him peace) said,
On the Day of Judgement when Allah Most High throws the people into Hell, it will say,
Give me more.
Then Allah Most High will create a nation and then throw them into it. The Hellfire will again complain,
I want more.
Again Allah Most High will create a nation and throw them into it.
The Hellfire will once more say,
I want more!
And then Allah Most High will put His Foot into the Throat of Hell and it will be full.
[Bukhari, Kitab at-Tawhid, chapter on 'Tawhid']

Doctor Maximus of Hadith, ibn Hajar al-‘Asqalani writes in Fath al-Bari, chapter on 'Tawhid':
Imam al-Bukhari has written this hadith in his tafsir of Sura Kahf. In this narration when the Hellfire asks for more, Allah Most High puts His ‘foot’ into it and then it will be full.
Allah Most High is never cruel and yet in Abu Hurayra’s above narration it says that Allah Most High will create a nation and fill Hell with it.
Hafiz ibn Qayyim, Abu Hasan Qubsi and other groups of scholars of hadith say that the narrator of this hadith has fabricated this by saying that Allah Most High will create a nation to fill Hell.
They say that Allah Most High created Hell for those people who follow Satan, and that the new creation would never have sinned, so how could Allah Most High put them in Hell?
Allah Most High also says in the Qur’an that He never does injustice to anyone.
[Tafsir of Suratul-Kahf verse 49].

Hafiz ibn Taymiyyah writes in his Usuli Tafsir, chapter 'Ijma al-Muhaddithun':
An authentic narrator sometimes makes mistakes, but knowledgeable scholars of Hadith find these mistakes straight away. For example, Imam al-Bukhari writes in Kitab at-Tawhid that Allah Most High will create a new nation and fill Hellfire with it.
A master of hadith will find out straight away if a narrator has made a mistake. These mistakes by narrators are also found in other hadith books.
Imam Muslim writes that when the Prophet married his wife Maymunah, after he had taken off the ihram from himself, the Prophet did not perform two rakat nafila inside the Ka’ba. A person with deep knowledge of hadith will straight away know the narrator of this hadith has made a mistake because it is proved from another authentic hadith that the Prophet never performed ‘umra in the month of Rajab.
When the Prophet married his wife Maymunah, he was wearing the ihram and he did perform two rakat nafil inside the Ka’ba.

ibn Taymiyyah writes also about Imam Muslim:
Imam Muslim has written those types of narrations to which scholars of hadith have objected, example, Allah Most High made the Heavens and the Earth in seven days and Abu Sufiyan asking our Prophet to marry his daughter after becoming Muslim. Another narration in the ‘Book of Salat’ indicates that our Prophet had two sons called Ibrahim (we know that our Prophet had only one son called Ibrahim)
[Ibn Taymiyyah, at-Tawassul, 'Ulum al-Hadith and Fatawa Ibn Taymiyyah, vol.18,
Chapter on 'Maqam Bukhari wa Muslim']

Of course, Sheikh ibn Taymiyyah is as indirect and unclear as he always is but it seems that he has criticized Imam al-Bukhari’s and Imam Muslim’s narrations as well as ibn Qayyim – and they are to be praised for their honesty and academic vigor in criticizing a hadith that in fact supports their anthropomorphic beliefs.

Imam al-Bukhari writes:
After the death of the Prophet, Umm al-Mu’minin Sawda was the first to die.
[Bukhari, Chapter of Zakat]

Hafiz ibn Hajar al-‘Asqalani writes that this is wrong, and that Umm al-Mu’minin Zaynab died first. Imam ibn al-Jawzi says this narration is not correct and it is very strange that Imam al-Bukhari wrote this. Imam an-Nawawi also says that Imam al-Bukhari has made mistakes [Fath al-Bari, 'Zakat'].

Bukhari:
‘Umar ibn Maymun said,
I saw a monkey who had just committed adultery with another one. Other monkeys then stoned them both, so I also started to throw stones as well.
[Bukhari, "Ayyam al-Jahiliya"]

Hafiz al-‘Asqlani writes:
Allama Ibn ‘Abdi’l-Barr says,
This narration is wrong because enforcing an Islamic Law on an animal regarding any matter would be wrong.
Humaydi says that this account was not actually in the original Bukhari, but someone has added it later. Nusqi wrote the second version of Bukhari, and this narration was not written in it. If we were to say that Hafiz Humaydi and Ibn ‘Abdi’l-Barr are right, then what about the scholars who say that all the ahadith written in Bukhari are correct?”
[Fath al-Bari, "Ayyam al-Jahiliya"]

Imam al-Bukhari and Imam Muslim have said that the War of Mustalaq happened in 4 AH as Musa ibn ‘Uqba has said. Ibn Ishaq has said that it happened in 6 AH. Mustalaq was in the war when ‘A’isha was falsely accused of a sin she did not commit.’A’isha has said that when she was falsely accused, the Verse of the Veil was revealed. One day our Prophet was talking to some people and he said,
Some people have falsely accused my wife, but I can only see goodness in her.
From the evidence, Sa’d ibn Mas, stood up and said,
If the person who has falsely accused your wife is from our tribe, I will kill him
[Bukhari, Magazi; Muslim, Tawba]

Hafiz al-‘Asqalani writes:
Imam al-Bukhari has said that the war of Mustalaq happened in 4 AH. Imam al-Bukhari has made a mistake, because the War of Mustalaq happened in 5 AH. I feel that Imam al-Bukhari wanted to write down 5 but he wrote down 4, because Imam al-Bukhari also wrote a hadith in the chapter on Jihad which proves that the war of Mustalaq happened in 5 AH.
Secondly, the narration where Sa’d ibn Mas has said that he would kill the slanderer is also wrong because Sa’d ibn Mas was martyred in the Battle of Khandaq.
A’isha has said,
When I was falsely accused, the Verse of the Veil was revealed and it was revealed after the Battle of Khandaq.
[al-'Asqalani, Fath al-Bari, Magazi]

It is very interesting that the same, very understandable confusion with numbers, if it is applied to the issue of the age of Ai’sha, namely that the ages given in the Sahih collections do not add up and she was older than nine at the time of betrothal, send Salafis into a rage of ‘modernist’ and ‘hadith rejecter’ – but here is Ibn Hajar saying that Bukhari and Muslim have their dates wrong – what of it?

People have not only felt free to fault the Sahih collections on their matn (recall the anger that Salafis feel on anything but criticism of the chain of transmission, but ibn Taymiyyah and ibn Qayyim were happy to critique the content or matn in the above narrations) but also even in the chains of narrations.

Before we get into that, it is important to know why people try to blackmail Muslims into accepting muhadditheen as the main authorities in Islam – namely to facilitate their heretical views on hadith. To this end, they will often point out that narrators such as Abu Hanifa and Malik are considered weak by certain muhadditheen (they mean their favorites of course) and for this reason they do not narrate hadith from them – this is a gross deception.

But assuming it is true, why are we to accept the views of the opponents of the fuqahah, in this case the muhadditheen as being correct? One does not take the information from one side of a dispute only.

In fact, Hadith narrators such as Imam Bukhari and even earlier ones had serious problems with the imams of fiqh, often making shocking statements about them – so when the Salafis tell you that Abu Hanifa and the Muwatta of Imam Malik are ‘weak’ in hadith, they do not tell you the following pertinent facts:

Imam al-Bukhari has stated,
Imam Abu Hanifa was a Murji’i
[at-Ta'rikh al-Kabir, under the 'Biography of Numan ibn Thabit']

Imam al-Bukhari also writes,
When Sufyan ath-Thawri heard news about the death of Imam Abu Hanifa, he said,
Praise be to Allah that such a man had died as he was gradually destroying Islam.
There could not be a worse person born in Islam
[Ta'rikh Saghir, Biography of Imam Abu Hanifa]

Imam al-Bukhari also writes,
On two occasions Imam Abu Hanifa was ordered to repent from making blasphemous statements.
[al-Bukhari, Kitab ad-Daufa Walmat Rukin; Ibn 'Abdi'l-Barr, al-Intiqa]

Imam al-Bukhari informs us that he had taken these statements from his tutor Na’im ibn Hammad [Ta'rikh as-Saghir]

Imam al-Bukhari was so convinced by his tutor, that he never mentioned or used Imam Abu Hanifa as a reference for his book Sahih al-Bukhari, and accused him of only knowing a handful of hadith, a bizarre assertion.

So Imam Bukhari is not at all saying that Abu Hanifa is ‘weak’ but rather that he is an apostate.

Imam ‘Abdullah ibn Mubarak, another noted Muhaddith, said,
I don’t consider Imam Malik to be a scholar.

So before the lay Muslims are led to believe that they should doubt Imam Malik or Abu Hanifa on hadith, it should be known that Ahl-e-Hadith accept these kinds of narrations from individuals such as Na’im ibn Hammad: One often finds both praiseworthy and very scathing statements about narrators and scholars – whereas Imam Bukhari (and Salafis) are happy to take Hammad’s word on Abu Hanifa, there is this about him, among other alleged calumnies:

Na’im ibn Hammad was a famous scholar from a region called Marau. He had sight in one eye only. During the later part of his life he went to live in Egypt.
At first, he belonged to a sect called the Jahmites, and was an active member. He then later left this sect and wrote a book, which was the first book to use the science of Musnad. These were a compilation of narrations by the Sahaba, which were placed in an alphabetical order, according to whom they had narrated the hadith.
During this particular period, the Umma used to question whether the Holy Qur’an was makhluq (created). When this question was put forward to Na’im ibn Hammad he did not give an explanation. He was then sent to prison along side Yaqub Faqia. He died in 228 AH. It was noted that no janaza (funeral prayer) was prayed over him and he was buried without a kaffan (shroud).
[al-Baghdadi, Tadhkirat al-Huffaz; adh-Dhahabi, Tahzib al-Tahzib; al-'Asqalani and al-Baghdadi, Biography of Na'im ibn Hammad]

So it is these kinds of tricks that are used by the Ahl-e-Hadith to confuse converts and lay Muslims – if muhadditheen are reluctant to narrate from Malik or Abu Hanifa due to doubts about them what about the doubts about less senior scholars from much after their time such as Hammad? Why are they not doubting them? The reason is obviously that they are in the "hadith gang" and Abu Hanifa is persona non grata to them. So there is no need to give them final say on who Abu Hanifa or Malik are or are not.

In reality, we should not be fooled by the Salafi Movement into being too partial to the ‘People of Hadith': scholars are human beings – they can get angry and they can err – this even happens to the Sahaba. In fact it is because of the power struggle between the narrators of hadith and the scholars of Islam that the former refuse to narrate from them and accuse and belittle them. It is indeed a great loss for Islam and it’s authenticity if we discard the two earliest imams because some muhadditheen had a problem with them. And as seen above, we cannot reconstruct Islam and fiqh and creed from the books of hadith alone. Or if we can, it is a very strange Islam, full of wild goats and inapplicable stories.

Further, it can be seen that the Muhaditheen not narrating hadith from the earliest collectors such as Malik is not due to scholarly rigor but animosity:

For example, we saw Imam Bukhari narrate a hadith from Imran ibn Hattan above, but he was the head of the Khawarij sect and his poem exalting ibn Moljam who assassinated 'Ali is famous. Yet Bukhari often narrates from him – but not from Hanafis. It may be, as some have said, that he does this from before the time he became a khawarij – but he certainly seems more accommodating of such people than might be considered proper given his harshness against Abu Hanifa, based on what a similarly unreliable person had claimed about him. Further, does not the fact that someone became a Khawarij render his earlier narrations suspect? At what stage did he become a Khawarij? And does Imam Bukhari give the same leeway to other deviant sects?

Imam Bukhari also narrates, as do other muhaditheen from Hariz ibn Uthman who was known for cursing Ali seventy times before leaving the mosque. Ismail ibn Ayyash narrated:
I accompanied Hariz from Egypt to Mecca. On the way he kept cursing Ali.
I said to him,
How can you curse someone about whom the Prophet has said,
You are to me as Aaron to Moses?
[Bukhari, Tirmidhi, Nasai and others have narrated from him]

Imam Bukhari narrated over fifty three narrations from Uthman ibn Abi Shaybah – who many muhadditheen were willing to give the benefit of the doubt, unlike Malik or Abu Hanifa despite his being well known for making fun of the Quran and narrating,
“Our Prophet attended a festival of non-believers and respected their idols the way they respected them. This is the reason why two angels refused to pray behind our Prophet.”
But this situation would never arise with our Prophet. ibn Abi Shayba also used to interpret the Qur’an incorrectly and disrespected it by changing its words. Zakariyya ibn Yahya ath-Thani Daraqutni claims he had no knowledge of hadith and he used to tell unknown narrations. Hakim had said that he was weak and made many mistakes in narration.
al-Bukhari admits the scholars of hadith have ignored him and did not take narrations from him at all.
But Imam al-Bukhari has taken narrations from him regardless.

Accepting such a person and not accepting Abu Hanifa does not do wonders for Imam Bukhari’s partiality.

The muhadditheen that the Salafis want you to judge Imam Malik and Imam Abu Hanifa by are also willing to narrate from Imam Zuhri and Sufian ibn Ouyana – who claim that some part of the Quran was lost in the Battle of Yarmuk. Of course, that is their right, but it is not then a necessity for you to defer to them as to who is and is not Sahih vis-a-vis the Imams of Fiqh and Aqeedah. With all of these people, you find good and bad narrations – the Muhadditheen do not deny that these people, for example, made fun of the Quran, but their sciences allow then to narrate from them. Likewise, the sciences of the Islamic logicians and jurists such as Malik allow him to reject such sahih narrations. If anything, the latter is the safer path.

Of course, our intention here is not to disparage the noble imams of hadith, but rather to maintain the correct balance or ‘al Qistas al Mustaqeem’ as Imam al-Ghazali might say; the efforts of the imams of hadith are immense, but to put them above the fuqaha of the tabi'in and salaf and allow them to insult them is incorrect and offensive, especially when the methodology of deviant sects today is to play into the hands of the Shi'a, modernists and missionaries by asserting that hadith has primacy over fiqh or that Bukhari has primacy over Imam Malik ibn Anas or Idris Shafi'i or worst of all, Abu Hanifa. This is manifest stupidity.

Despite these very harsh statements and apparently strange narrations and narrators by the imams of hadith, Hanafis, Malikis, Shafi'is have been tolerant and rightly give the imams of hadith their due rank and respect.

At the same time, they reserve the right, due to their seniority and superiority in knowledge, to reject hadith, sahih or not, that clash with the Quran, or the noble character of the Prophets.

Malikis reject freely those hadith which clash with the practices of Medina at the time as they question how a single chain narration could go against what all of the Companions and Successors were doing. Shafi'is reject any that do not meet their five conditions or clash with reality. Hanafis have a big list of conditions, over a dozen, and thus reject ahad that clash with Quran, Sirah, observable reality, analogy and a big list of others.

It is the fact that Hanafis and Malikis are most strict when it comes to attributing statements to the Prophet and that the muhaditheen indeed had the most antagonism with them and they have paradoxically been accused by them of hadith rejection, and much worse as the quotes of Imam Bukhari. 

As I hope is obvious by now, people like Isa ibn Abban and Abu Hanifa and Malik have very good reasons for rejecting the hadith they do, quite apart from their followers being accused of hadith denial or modernism, ironically it is the Ahl-e-Hadith and the Salafis who hold honors for innovation and modernism with their ‘any hadith goes as long as it’s sahih’ policy.

The real meaning of tolerance of different opinions is to not start accusing people when they have a different methodology to oneself – after all, everyone is wiling to tolerate those who agree with them. Thus the madhahib must be free to apply their methodologies of hadith as they have from the very earliest days, indeed, from long before Bukhari, without fear of marginalization or harassment.

The next time a man or woman with a scowl comes up to you, starts hurling hadith and insisting the hadith is sahih and you must follow it, tell them ‘the hadith that women are bad luck is sahih, do you accept it? Why do you look for a way out with narrations of Imam Ahmad? Do you accept that God rides wild goats? Why not, hadith is Sahih?!’

Or ignore them and follow the correct methodology of the madhahib and the greatest of Imams, Abu Hanifa.

The following is a list of suggested further reading on the Basics of Hadith and Sunni Methodology:
  1. The Sunna of the Prophet by Muhammad al-Ghazali
  2. The Canonization of Bukhari and Muslim by Jonathan A. C. Brown
  3. Towards Understanding Taqleed by Mufti Afzal Hoosen Elias
  4. Losing My Religion by Jeffrey Lang
  5. Albani and His Friends by GF Haddad



Asharis: Assemble

Wednesday, September 10, 2014

Legality of the Four Schools of Sunni Islamic Thought


Are lay-Muslims obliged to follow only one of the four schools of jurisprudence of the Ahlus-Sunnah w'al-Jama’ah? Are there any other options that one can follow? Regarding this oft-debated issue, there is a difference between learning and applying.

When it comes to applying, abiding by a certain legal school of jurisprudence for laymen is not obligatory in every matter as they are eligible to adopt the legal opinion of other juristic scholars and mujtahidun. Therefore, ordinary laymen have no certain legal school of jurisprudence because they follow the juristic opinion of the scholar they ask.

This is the established opinion for the Hanafis. The renowned Hanafi scholar Imam ibn ‘Abidin stated in his commentary in reference to Imam ash-Sharnibali that he said,
“One does not have to abide by a certain legal school and he is permitted to follow an opinion which opposes the opinion of the juristic legal school which he follows. He is allowed to adopt two opposite opinions in two separate incidents that are not related to each other. He is not permitted to nullify an action he did by the virtue of following the juristic opinion of another scholar because engaging in an action is similar to passing a verdict by a judge with no appeal.”
This opinion is supported by Allah as He asserted the obligation of following scholars in general with no specification or dedication to one scholar over the other. Allah says:


…if ye realize this not, ask of those who possess the Message.
[Quran 16:43]

Also when people posed their questions at the time of the Prophet’s Companions and the scholars of the next generation, they did not abide by a certain school but they rather asked eligible scholars without limiting themselves with the opinion of someone while denying the opinion of the other.

Following one of the opinions of the mujtahidun, eligible scholars who practice independent legal reasoning, ijithad, is in fact, following the truth. All the mujtahidun are correct and this means that each of them follows his own independent legal reasoning which led them to believe in the validity of the concluded ruling. As one chooses to follow any of the scholarly opinions of these renowned mujtahidun, he should not believe that this is the only correct juristic opinions and other opinions are invalid.

As for the issue of learning and studying different legal schools of jurisprudence, following a certain school of jurisprudence is inevitable. The four schools of jurisprudence of the Ahlus-Sunnah w'al-Jama’ah were well served and deeply studied by generations of renowned scholars in a way that other schools of jurisprudence were not subjected to. The four schools were well edited and the popular and favored opinions were highlighted and backed with authentic supporting evidence. The biographies of the renowned scholars of each school were documented and their methodologies of deriving juristic legal rulings were scrutinized so each of them became an independent school of jurisprudence that benefits those who seek religious knowledge.

Therefore, if following a certain legal school of jurisprudence is not mandatory then what is the Divine Wisdom behind having four different legal schools of jurisprudence with so many various juristic opinions? Why the scholars do not agree on one juristic opinion and base their opinions only on definite authentic legal evidence?

The issues of the shari’ah are divided into two categories.

The first category has to do with issues that reached the Muslims’ consensus such as the number of the obligatory prayers, specifying the month of fasting, destination of prayer, location of pilgrimage, prohibition of intoxicants, adultery and usury and other matters which formulate the Islamic identity. These matters are not subject to dispute as the legal evidences of these matters are definite.

The second category has to do with issues which the scholars differed about. The reason for their different opinion is related to the fact that Allah made the supporting legal evidences for these issues speculative and not definite which means that the evidence bears the possibility of multiple ways of understanding it.

The shari’ah could have been formed of only the first category which refers to matters of consensus with no disputes among scholars. But the fact is that Allah decided for this religion to be the final Divine Word from Heaven to Earth and it is Last Testament from Allah to the whole of Creation. Therefore, the second category was solid evidence and an eye witness to testify to the flexibility of the shari’ah and its applicability in different times, various geographical locations, all circumstances and diverse people.

Prophet Muhammad conferred the validity of differences in understanding the possible legal evidence when he said to his companions,
“No one among you prays the afternoon prayer until you reach the tribe of Banu Qurayza.”
Some of the Prophet’s companions abided by the literal understanding of the Prophet’s words and refused to pray the afternoon prayer until they reached the tribe of Banu Qurayza which was after the sunset prayer. Other companions understood the embedded meanings behind the Prophet’s words, which was some sort of encouragement and stimulation not to be late in arriving to Banu Qurayza, so they prayed the afternoon prayer while along their way to Banu Qurayza before the sunset prayer was due in accordance with following the spirit of the text and not its literal meaning. These two different opinions resemble the two different intrinsic natures of human beings; abiding by the literal meaning of the text and embracing the spirit of the text.

The Prophet did not deny the opinion of any of the two parties which indicates the legality and permissibility of differences in understanding and opinions as this kind of differences falls under variation and not contradiction. Therefore it was said,
“Differences among my Ummah is a Mercy.”
If the legal evidences on these matters were definite, there would be no room for scholarly debate. It was according to Allah’s Divine Wisdom that the legal evidences on these matters were speculative and probable to make it easier on people so this is one of the beauties of religion.

Confrontations and disputes only occurred among some Muslims who did not understand these prominent meanings of the concept of ‘difference’ in the philosophy of the shari’ah. They, unfortunately, dealt with speculative issues with the mindset of one exclusive opinion that does not bear the possibility of change or alteration and at the same time they deem their opponents as wrong or innovator in religion and this attitude is prohibited and not allowed.



— Mufti Ali Goma'a, transmitted via Sidi Terence Helikaon Nunis of A Muslim Convert Once More

Tuesday, September 9, 2014

General Misunderstandings on Sharia Law


There seems to be a bit of misunderstanding of what sharia law actually is. Sharia law is the law meant to be followed by the believer. It does not apply onto non-believers within the community. It comes with the ordainment to pray and fast, etc.

Regarding verses ordering the hands of thieves to be cut, scholars have interpreted it to mean "cut the means for the thieves to steal by imprisoning them" or, better yet, "get rid of the issue that caused the person to steal," such as during the time of Umar ibn al-Khattab when a person was let go for stealing because the area he lived in was suffering from poverty and the caliph knew he had no choice but to steal.

Women can live free lives. The Quran makes no judgment on that. People have to learn to make a difference between societal laws and ritualistic laws within the sharia. Societal laws are laws that vary by time and place because when the sharia was revealed it was revealed as a constitution for the early Muslim community of Medina who had just come together to form their own organized society. The societal laws within the sharia are subjective to the date and place of where they were revealed. Hence, women needing a mahram to travel because they did not have the ability to protect themselves then and there were many rapists and looters at large out on the highway. Nowadays, we have many women who know how to take care of themselves as well as the police who can be summoned at the press of a button. It is ritualistic law that has any barring on your salvation as would the ruling to pray during the day or night or fast during Ramadan. No-one dying while traveling without a mahram will be questioned for it as one would be questioned for missing the daily prayers or an important day of fasting.

Homosexuality is considered a sin by the mainstream interpretation of the story of Sodom and Gomorrah but
even then, scholars agree, there is no specific punishment for homosexual intercourse. However, I am going to
have to disappoint you by saying, homosexual marriage is not sanctioned by Islam and thus a homosexual person is committing zina when having sex i.e. having unlawful sex, and thus would be punished as a zani for the action. There is a catch though. In order to punish one who commits zina there needs to be four witness of ideal character who has seen the crime happening but any witness who sees such a deed is not considered to be of ideal character, therefore it is a catch-22 designed to protect the zani, so that he may repent for the transgression in privacy. This is why there is no concept of seeking repentance through confession to a higher human authority figure in Islam.



— Fahim Ferdous Kibria

History and Source of Islamic Law


As a religion which includes doctrine, law and ethics, Islam forms a complete and comprehensive worldview for human life. Islamic Law, fiqh, for its part, is the means by which we are capable of producing appropriate rulings through derivation from the revelatory foundational texts of prophecy. Such foundational texts come in two forms, which are, the ‘recited,’ that is, the Holy Qur’an, and the ‘unrecited,’ that is, the pure Prophetic Traditions, Sunnah.

After its initial period of direct legislation in the time of the Prophet, Islamic Law has undergone many stages, each of which has its own distinctive features and impact on its current form. It is appropriate, then, that there be a study of these stages, which is not simply a description and explanation of the past, but which also serves the present by contributing to greater expertise and depth in understanding the Shari’ah.

The purpose of studying the history of any science is to come to know its foundational principles, central concerns, and ultimate goals and benefits so that we may better learn from it. Islamic Law is no exception to this, for it is not simply a collection of legal rulings in matters of ritual worship or transactions; rather, it is a complete methodology for all the various facets of human life: doctrine, ritual worship, society, economics, law-making, and politics. Indeed, in its later stages, Islamic Law evolved to be an impressive edifice, organizing civilization in all of its social interactions and human relationships with sophistication and nuance.


This, of course, gives the study of the history of Islamic Law a great importance, because fiqh treats human life in all its details and forms, such that it might be said that the Shari’ah is the basis upon which the entire ummah is built, and the logic that serves as the focal point for Islamic Civilization.

Linguistically speaking, the word shari’ah has two meanings. The first is ‘a source of flowing water meant for drinking.’ Secondly, it means a ‘straight and unwavering path,’ as Allah Almighty Says:


Then We put thee on the Path: so follow thou that…
[Quran 45:18]

Thereafter, Shari’ah came to express, in the language of the jurists, the rulings prescribed by Allah for His servants, so that they may become proper believers. These rulings are known as the Shari’ah because they are decisive – there is no deviance from their program, nor divergence from their objectives.

Tashri’, legislation, is the enacting of the Shari’ah, that is to say, the setting down of its principles and explication of the order and system that both individuals and groups are to comply with. Of course, in this manner of speaking, Islamic Legislation properly existed only in the lifetime of the Prophet, because Allah has not given the power of legislation to anyone other than His Prophets. And in this, the Prophet Muhammad relied on two types of revelation: ‘the recited,’ the Qur’an itself; and the ‘unrecited,’ the Sunnah.

Based on this, it might be said that the history of Islamic Legislation refers only to that which took place during the Prophet Muhammad’s life, and does not include the many discrete rulings which thereafter revealed themselves to the minds of the mujtahidun. However, the scholars have tended to expand the referent of this branch of knowledge. As Sheikh Muhammad ‘Ali as-Sa’ayis said,
“The history of Islamic Legislation is a discipline in which is treated the nature of Islamic Law during the lifetime of the Prophet, as well as in subsequent eras. It specifies the different time periods in which rulings came to be, and elucidates what occurred during them with respect to abrogation, specification, expansion, etc. It also discusses the jurists and mujtahidun and their relationship to these rulings.”

The Islamic Shari’ah is a Divine Law, meaning that it is prescribed by Allah Himself. The differences between it and the positive law are as follows:
  1. The Shari’ah is a sacred religious law, through which one is taught how to worship Allah, compliance with which is considered obedience to Allah deserving of reward, and violation of which is sinful disobedience meriting punishment.
    Although it may also specify worldly punishments, it is connected to the afterlife in terms of reward and punishment, as opposed to positive legislation which does not deal with what is in people’s hearts.
  2. Islamic Law seeks to elevate Man, purify his heart, and refine his soul. Positive legislation simply strives to regulate society without regard to individual’s character and ethics.
  3. Islamic Law commands the good and forbids the evil, whereas positive legislation is concerned only with prohibitions. It does not compel good works except incidentally.
  4. Islamic Legislation pronounces on both the internal and external actions of man, whereas positive law restricts itself to the external and observable.
  5. The Principles of Shari’ah do not apply to one people at the exclusion of another, or to one time period at the exclusion of another. They are universal principles to fulfill the needs of all people regardless of nation or era, and raise their standing in all eras.
    As for positive legislation, it is specific to a given group in a given time, and so is in need of change whenever that constituency evolves and their particular demands change.


Regarding the sources of Islamic Legislation, the first source is the Qur’an. The Qur’an is the Revealed Speech of God which is inimitable, whose recitation is considered worship, and which has been mass-transmitted to us. It is definitively authentic, qat’iy ath-thubut, though some of its verses may not be completely definitive in their meaning, qat’iy adh-dhalalah, but only probable.

The Word of Allah, the Qur’an, is absolute; that is to say, it is independent of time and place; it addresses all, not just those at the time of the Prophet Muhammad, nor simply those in the Arabian Peninsula but the Qur’anic discourse is catered to all of humanity belonging to all regions and generations.

The Qur’an was revealed to the Prophet in portions over twenty-three years, the majority of which he spent in Mecca. Allah says in the Qur’an:


It is a Recitation which We have divided, in order that thou might recite it to men at intervals...
[Quran 17:106]
For this reason, scholars have partitioned the Qur’an into two phases, the Meccan and the Medinan, though they have differed on the precise criteria for this categorization.

The most accepted opinion is that the Meccan is that portion of the Qur’an revealed before the Prophet’s migration, hijrah, and the Medinan is that which was revealed after it even if some of it was technically revealed in Mecca.

An alternative opinion is that the Meccan is whatever was revealed in Mecca even if it was after the migration, and the Medinan is that which was revealed only in Medina.

A third opinion is that the Meccan is that which is addressed to the people of Mecca, and the Medinan is that which was revealed addressing the people of Medina.

The benefits of understanding this categorization are the following:
  1. We come to know which verses came later, thus reliably consider what to abrogate, qualify or specify.
  2. We come to know the history of legislation, and the wisdom of its gradual application.
  3. We come to develop a confidence in the Qur’an, and its sound transmission to us without any alterations.

Anyone who has read the Qur’an will have noticed that the Meccan verses have their own exclusive characteristics not found in the Medinan, even though the latter are an extension of the former in terms of rulings and legislation.

Since the pre-Islamic Arabs were idolaters, associating partners with Allah, while denying the Day of Judgement, and because their eloquence was well-known, the Meccan Revelations were concerned with addressing them with that which was appropriate for their situation: providing proofs and clear-cut arguments in an effort to invite them to monotheism, to make clear their evil ways, to prove Muhammad's Prophethood, to offer them parables, to admonish them with lessons from previous nations, to establish proofs for Creation, and to engage in rational debate.

It is only upon the formation of a group of believers in Allah, His Angels, His Scriptures, His Appointed Messengers and the Day of Judgement, and their subsequent enduring of extreme difficulties, and migration to Medina, that the Medinan verses were revealed, comprising the rulings of Islam, and its limits and penal codes; explaining the principles of legislation; setting out rules for society, relationships between family members, and the connection between individuals and groups.

Below are the most prominent features of the Meccan and Medinan verses respectively:


Regarding the Meccan Revelations, they can be recognized by their distinguishing features that,
  1. Through the Signs of Allah in Creation, they call to monotheism, the exclusive worship of Allah, the affirmation of Prophethood, the prophetic mission, and rewards and punishments; through rational proofs, they respond and debate with the polytheists; they also mention the Day of Judgement and the Hellfire.
  2. They establish the general principles of legislation and ethics upon which society is based; they expose the scandals of the polytheists in terms of bloodshed, unjustly usurping the wealth of orphans, burying their daughters alive, and other practices.
  3. They recount stories of the prophets and past nations, so that unbelievers may come to know the fate of those who came before them; they also console the Prophet Muhammad and his companions so that they may endure their abuses, and be assured of victory over them.
  4. They appeal to the reader aesthetically by using powerful language, short verses, and choice words.
  5. The mode of address in the Meccan verses are very broad and general, often taking the form of “O mankind,” or “O Sons of Adam.” In contrast, the Medinan verses primarily address the believers, very often with the phrasing, “O you who believe,” or the Jews and Christians referred to as, “O People of the Book”
  6. Covenants recur often in Meccan verses. There are approximately thirty examples of establishing covenants in this period, whereas there is only one example in the Medinan verses, which is:

The unbelievers think that they will not be raised up for Judgment.
Say, "Yea, by my Lord, ye shall surely be raised up: then shall ye be told the truth of all that ye did..."
[Quran 64:7]

Regarding the Medinan Revelations, they can be recognized by their distinguishing features that,
  1. They are an explanation of laws governing rituals, transactions and relationships, penal codes, inheritance, virtues of struggling in the Path of Allah, family structure, and the relationship between state and society, along with the principles and main concerns of lawmaking.
  2. They address the People of the Book, the Jews and Christians, inviting them to Islam, making clear the manner in which they have handled previous scriptures, and indicting them for deviating from the truth, dissenting among themselves out of envy after knowledge had come to them.
  3. They reveal the real behavior of the hypocrites, munafiqun, exposing that which they tried to conceal, analyzing their mentalities, and making clear their danger to true religious traditions.
  4. They are lengthy passages setting down the Shari’ah, and clarifying its objectives and goals.

Regarding the objectives of the Qur’an, there are three principal objectives:
  • That it serve as Guidance for Mankind, which can be further categorized into two types:
    • A general Guidance for all people, as Allah Himself says:

Ramadan is the month in which was sent down the Qur'an as a Guide to Mankind with manifest Signs for Criterion and Judgment...
[Quran 2:185]
And again:


Verily this is no less than a Message to the worlds:
[Quran 81:27]

    •  A specific Guidance catered for believers, as Allah also says:

It is a Guide and Glad-Tidings for the believers
[Quran 27:2]

And Allah doth advance in Guidance those who seek guidance...
[Quran 19:76]

… Say: "It is a Guide and a Healing to those who believe…"
[Quran 41:44]

  • That it be a manifest sign in support of the Prophet. In other words, the Qur’an stands in the world as a Sign attesting to the Message of the Prophet Muhammad, and endures throughout all of time forever as an Everlasting Miracle articulating Guidance and the True Faith, superior to all others, as Allah says:

It is He Who has sent His Messenger with Guidance and the Religion of Truth, to proclaim it over all religion: and enough is Allah for a Witness.
[Quran 48:28]

  • That creation is capable of worshiping Allah through its recitation, and that they may be rewarded for simply repeating His Words.

Those who rehearse the Book of Allah, establish regular prayer, and spend in charity out of what We have provided for them, secretly and openly, hope for a commerce that will never fail: for He will pay them their meed, nay, He will bestow unto them even more so from His Infinite Bounty; for He is the Oft-Forgiving, Most Ready to appreciate service.
[Quran 35:29-30]


The second source of Islamic Legislation is the Prophetic Tradition, that is, the Sunnah of Hazrat Muhammad.

The Sunnah is defined as statements, actions, tacit approvals, or qualities related about the Prophet. In terms of statements, we may take the example of that which is related from ‘Umar ibn al-Khattab, who said,
I heard the Prophet say: “Actions are by intentions. So, every person will have that which he intended.”

In the category of actions are included all actions of the Prophet that have reached us, such as his manner of doing ablution, wudu’, and of performing the pilgrimage, hajj and so on and so forth. As an example, we have a hadith from the Prophet saying,
“Pray as you have seen me pray.”
Similarly in his final pilgrimage, he said,
“Take the hajj rituals from me.”

Tacit approvals consist of the Prophet’s affirmations of the statements or actions of some of the companions, either through his silence and, therefore, lack of repudiation, or through his expressed agreement and commendation. Examples of this include the narration of Abu Sa’id al-Khudri who said,
Two men set out on travel. When the time for prayer came, neither of them had any water in their possession. So they performed tayammum and prayed. Thereafter, they came across water while the time of prayer had not expired. One of them performed his regular ablutions and repeated his prayer, while the other did not do so. Then, they came to the Prophet and mentioned to him what had transpired. He said to the one who did not repeat the prayer,
You have achieved the Sunnah, and your prayer was valid.
And to the one who performed the ablutions and prayed again, he said,
You have two rewards.

As for qualities, many of the Prophet’s qualities and characteristics have been related. Some scholars have even taken to compiling these, such as Imam at-Tirmidhi in his work, ash-Shama’il.

Regarding the types of rulings found in the Sunnah, we have many:
  • Rulings that echo and emphasize the rulings of the Qur’an. An example of this is a hadith related by the Companion Anas ibn Malik who said that the Prophet said,
“The wealth of a Muslim is not permissible to another except with his agreement and permission.” 
This is in agreement with the verse:

O ye who believe! Eat not up your property among yourselves in vanities; but let there be among you traffic and trade by mutual good-will...
[Quran 4:29]

  • Rulings that clarify and explain general Commandments in the Qur’an. An example of this is that which clarifies the amounts for zakat.
  • Rulings that restrict or specify general commands of the Qur’an. An example is the general Qur’anic Command to amputate the hand of the thief, which the Sunnah specified is to be done at the wrist. Another example is the general Qur’anic prohibition against eating carrion
    However, the following hadith from Abdullah ibn ‘Umar exempts seafood from this prohibition.
    According to ibn ‘Umar, the Prophet said,
“Two types of blood and two types of carcasses have been made permissible for us to eat:
of the carcass, fish and locusts; and of the blood, liver and spleen.”

Forbidden to you are carcasses, blood, the flesh of swine, and that on which hath been invoked the name of other than Allah...
[Quran 5:3]

  • New rulings not mentioned in the Qur’an, because the Sunnah is an independent source of legislation. In this regard, it is not unlike the Qur’an. It is reliably transmitted that the Prophet said,
“I have been given the Qur’an and something like it with it... So mandatory upon you is the Qur’an. What you find deemed permissible in it has been made permissible for you, and what you find deemed impermissible in it has been made impermissible for you. So, neither the domesticated donkey nor any predator with fangs is permissible for you.” 
This means the Prophet was given the Qur’an and something like it, the Sunnah. The rulings of both must be followed, and from this we come to know of the prohibition against eating both domesticated donkeys and fanged predators, as well as the prohibition against eating birds with claws, and the rulings on the inheritance of the grandmother, and so forth.

We may categorize the rulings mentioned in the Qur’an and Sunnah as follows,
  • Doctrine: Belief in Allah, and His Angels, Scriptures, Prophets, as well as the Day of Judgement, and Fate, the good and the bad, and all that follows from the above, such as belief in the Unseen, matters of eschatology, Allah’s Reckoning, Paradise and Hell.
  • Ritual worship: Rulings about the relationship between Allah and His servant, in terms of their exclusive worship of Him. These include prayer, alms-giving, fasting, pilgrimage, and all the conditions, constituent parts, obligations, and encouragements associated with the above.
  • Personal status: Rulings related to the regulation of family matters. These include marriage, dowries, divorce, the rights and obligations of married life, maintenance obligations, inheritance laws, and things related to these matters.
  • Transactions: Rulings concerning people’s relationship with one another, and their financial transactions like sale, interest, loans, pawning, sureties, representationship and proxy, partnership, and agricultural contracts; as well as the economic principles of Islam in general.
  • Public policies and governance: Rulings related to the system of governance, and the principles of political leadership towards their constituents; as well as the rights and obligations of each. These include discussions on the status of the ruler, governors, and viziers and the judiciary.
  • Punitive law: Rulings on punishing criminals, including lex talionis, blood-money, and mandatory and discretionary punishments.
  • International law: Rulings related to the relationship between Islamic polities and others in terms of war, peace, security, and treaties.
  • Rulings related to eating, drinking, and clothing: what is permissible and what is not. The general rule is that of permissibility unless textually proven to be forbidden.
  • Ethics, virtue, and social protocol: These include the etiquette of social gatherings, visiting one another, greetings, seeking permission in some matters, and eating and drinking in gatherings, as well as encouragement to virtues such as humility, forbearance and patience.


The third source of Islamic Legislation is Consensus,  Ijma’. Linguistically, it means to be determined and tenacious. In fiqh terminology, it is the agreement of the Ummah of Muhammad on a matter of religious significance.

Imam al-Ghazali maintains in his al-Mustasfa min ‘Ilm al-Usul that this agreement removes any doubts or alternative possibilities that might arise through an exclusive reliance on the proof itself. For this reason, an object of such a consensus must be acted upon; it is impermissible to oppose it.

A consensus must be based on evidence, for it is wrong to adopt an opinion without evidence in matters of Shari’ah. The Islamic Nation cannot unanimously agree on an error, as is narrated in numerous ahadith. An example is that which is narrated by ‘Abdullah ibn Dinar on the authority of ibn ‘Umar, who said that the Prophet said,
“Allah will not unite my ummah on misguidance. The Hand of Allah is with the greater group, and whoever deviates from it, takes himself to Hell.”
Sheikh Abu ‘Isa explained that, according to scholars, the ‘group’ refers to the people of fiqh and ahadith.

Another example is narrated by Anas ibn Malik who said,
“I heard the Prophet saying,
My ummah will not unite on misguidance; if you see them differing, follow the majority.” 
The basis of ijma’ may be a text from the Qur’an or Sunnah, or it may equally be an analogical argument, custom, or other types of ijtihad. There are two types of ijma’:
  1. Express consensus, which is when all mujtahidun agree on a matter in an explicit and clear manner; each of them articulates his opinion, and they all coincide.
  2. Tacit consensus, which is when some mujtahidun offer their opinion on a matter, all the others come to know of it and they remain silent, offering neither objection nor corroboration.

There is still great importance for ijma’ in our times. Consensus is a valid legal source, from which we can come to know the legal rulings about new occurrences happening in our day and age. We believe this is only possible in the present circumstances through the formation of fiqh councils encompassing all mujtahidun from the different parts of the Muslim World. There should be a specific place set aside for these councils, and they must be given what they need to carry out their research. They must carefully study these new matters, arrive at the proper rulings, and disseminate them in regular periodicals or specialized works so that people can refer to them and other scholars may further offer their opinions in them. If what is arrived at amounts to a consensus, and this consensus corresponds to that of the texts of the jurists, the ruling must be followed and acted upon.


The fourth source of Islamic Legislation is Analogical Reasoning known as Qiyas. Imam al-Ghazali in his al-Mustasfa defined Qiyas as the application of one case to another because of a common element between them for the purposes of affirming or denying a judgement on both of them.

The scholars proved the authoritativeness of qiyas through many evidences. These include the verse:


…take warning then, O ye with eyes to see!
[Quran 59:2]

Here, the ‘warning,’ or in other translations, the ‘lesson,’ means to apply the moral of a tale from one account to another like it if they share a common meaning, as ibn ‘Abbas maintained. Other proofs include the verses:


… if they had only referred it to the Messenger or to those charged with authority among them, then the ones who can draw correct conclusions from it would have known about it.
[Quran 4:83]
And,


… nothing have We omitted from the Book...
[Quran 6:38]
The latter means that the narrations in the Qur'an speak of every matter in the world one may encounter even if it is not directly spoken of. There may be accounts within the Qur'an, the moral message of which could be applied elsewhere due to a share commonality of the events.

We may add to these verses other evidences, such as the hadith about the Prophet sending Hazrat Mu’adh ibn Jabal to Yemen. Before he did so, he asked him,
“If a judicial matter comes to you, how will you judge?”
Hazrat Mu’adh replied,
“I will judge by the Book of Allah.”
The Prophet questioned again,
“And if you don’t find it in the Book of Allah?”
Hazrat Mu’adh responded,
“Then, by the Sunnah of the Messenger of Allah.”
The Prophet questioned once more,
“And if you find it neither in the Sunnah of the Messenger of Allah nor His Book?”
Hazrat Mu’adh answered,
“I will exercise my judgement, and will not refrain from doing so.”
The Prophet struck his chest, and said,
“Praise be to Allah Who endowed the messenger of the Messenger of Allah with that which pleases the Messenger of Allah.”

There are evidences other than these four, though they are disagreed upon. Some have reckoned them to number over forty. There are additional sources of Shari’ah, adopted by some and rejected by others. These include juristic discretion, istihsan; the presumption of continuity, istishhab; cutting off means to the forbidden, sadd adh-dhara’i; public welfare, al-masalih al-mursala and many others.


Now let us move on to the great historical periods of Islamic Legislation.
The first of them is the Prophetic Epoch. This was during the lifetime of the Prophet himself, peace be upon him.

The manner of legislation in the time of the Prophet did not depend on legal reasoning based on hypothetical circumstances and occurrences, nor was there a codification of the law and rulings as was the case in subsequent periods. Rather, legislation in this period proceeded in step with the reality of the Prophet’s worldview.

It was clear to the Muslims at the time that if they were confronted with a matter requiring a judgement, they were to refer it to the Prophet, and it would be answered through a verse, or some verses, revealed to him from Allah, or through a hadith. On occasion, the ruling would be clarified to them through the Prophet’s own actions, or through his approval or rejection of the actions of another.

Regardless of what the Prophet’s response was, it would not emanate except from a Revelation from his Lord either through the Qur’an or his Sunnah, as Allah says in the Qur'an:


Nor does he speak of his own desire. It is no less than Inspiration sent down to him.
[Quran 53:3-4]

We may draw three conclusions from this discussion:
  1. Legislative authority in this period rested exclusively with the Prophet. And the reference for legislation at this time was revelation in its two forms, the Qur’an and the Sunnah.
  2. The verses of the Qur’an were revealed according to specific circumstances, or as a response to a question. Very few were not preceded by an event or query which motivated it. This is what the scholars mention in the science of asbab an-nuzul, the Circumstances of Revelation.
  3. Islamic Law was not all revealed at once.
  4. Rather, it came gradually in parts in the form of Qur’anic verses and ahadith.


Next comes the Epoch of the Salaf as-Salehin helmed by the Noble Companions, Sahaba; the Followers, Tabi’un; and the Righteous Caliphs, al-Khulafa Rashidun.

With the death of the Prophet came an end to active revelatory legislation of the Qur’an and Sunnah. However, these were the two great resources left behind for subsequent generations from that period. And so, law began to develop and expand in the period of the companions and followers.

This happened because the jurists encountered new circumstances which were not present during the lifetime of the Prophet, but they remained duty-bound to come to know Allah’s Ruling in these new matters. These new matters arose in part as a result of the wars of this period, and so, they had to address the nature of relations among Muslims, and between Muslims and non-Muslims, especially during war. This, in turn, led to a number of legal matters, such as rules relating to the Islamic Conquests, and the expansion of the Islamic Empire and Muslims’ interactions with the people of those lands, for every land has its own customs and traditions, ʿUrf.


As a result, the companions and followers embarked on the task of determining the rulings concerning these matters. So they performed ijtihad, made use of their opinions in light of the principles and objectives of the Shari’ah. This is how the notion of ijtihad bi'r-ra’y or independent reasoning arose as an independent source of Islamic Law; of course, it did not exist during the time of the Prophet when recourse could be made to Revelation.

Evidently, any ijtihad based on ra’y will give rise to differences of opinion, and this is what happened in this period. In some cases, though, the jurists engaged in ijtihad and found themselves in agreement. This agreement is considered a consensus, ijma’; this is how ijma’ came to be a source of law; this also did not exist during the Prophet's lifetime.


In addition, challenges emerged to the Sunnah as a result of the jurists being spread out in different locales and encountering different occurrences. So, the need was felt to investigate the Principles of the Sunnah and ensure that there existed some who preserved it by discussing and relating it, and by extracting rulings from it. In this period, the jurists treated novel matters by searching for a ruling in the Book of Allah. If they did not find it there, they turned to the Sunnah. If they still did not find an appropriate ruling, they turned to ra’y and ruled according to their ijtihad.

There is no doubt that this is a sound methodology, for the jurists did not resort to their own ra’y unless they could not find anything in the Qur’an and the Sunnah. Although, they were not all equal in this matter, for some of them made extensive use of ra’y, and some used it sparingly.

Imam ibn Qayyim al-Jawziyyah said in ‘Ilam al-Muwaqqi’in,
“The task of issuing fatawa then fell to the companions – the elite of Islam and faith, the army of the Qur’an and ar-Rahman.
They were amongst the ummah, the most tender of hearts, the most profoundly knowledgeable, the least pretentious, the most eloquent, the truest in faith, the most general in giving advice, and the closest to Allah.
They varied between those who issued numerous fatawa, those who gave only a few, and those who occupied an intermediate position between these.”
We may enumerate seven companions who used ra’y extensively:
  1. ‘Umar ibn al-Khattab
  2. ‘Ali ibn Abi Talib
  3. ‘Abdullah ibn Mas’ud
  4. ‘Aisha binte Abu Bakr
  5. Zayd ibn Thabit
  6. ‘Abdullah ibn ‘Abbas
  7. ‘Abdullah ibn ‘Umar

Those who occupied an intermediary status in this regard included:
  1. Abu Bakr as-Siddiq
  2. Umm Salamahsour
  3. Anas ibn Malik
  4. Abu Sa’id al-Khudri
  5. Abu Hurayrah
  6. ‘Uthman ibn ‘Affan
  7. ‘Abdullah ibn ‘Amr ibn al-‘As

The rest gave fatawa only occasionally, such as the likes of:
  1. Abu ‘Ubaydah ibn al-Jarrah
  2. Abu Talha
  3. Abu Dharr
  4. Umm ‘Atiyyah
  5. Safiyyah

Following the Epoch of the Salaf comes the Epoch of the Two Parties of Ijtihad bi'r-Ra’y.

Ijtihad bi'r-ra’y in this period was based on an assessment of the underlying causes, ‘illas, of rulings and a consideration for public welfare. The jurists were in one of two camps in this regard:
  1. Those who were cautious of ra’y and made only occasional recourse to it
  2. Those who were not intimidated by the use of ra’y and resorted to it whenever they felt the need

The majority of the first camp, known as the school of the people of ahadith, was in Medina and the Hejaz.


Their major representative was Imam Sa’id ibn al-Musayyib, one of the famed seven jurists who learned fiqh from the companions and spread it in Medina. Imam Sa’id was one of the most prominent followers in terms of learning, religiosity, piety and virtue, and so is often known as the jurist of jurists. The seven jurists are:
  1. Imam Sa’id ibn al-Musayyib
  2. Imam ‘Urwa ibn Zubayr
  3. Imam Qasim ibn Muhammad
  4. Imam Abu Bakr ibn Muhammad ibn al-Harith
  5. Imam ‘Abdullah ibn ‘Abdullah ibn ‘Utba ibn Mas’ud
  6. Imam Sulayman ibn Yasar
  7. Imam Kharija ibn Zayd ibn Thabit
The majority of the second group, the school of the people of ra’y, could be found in Kufa and Iraq. Their principal proponent was Imam Ibrahim ibn Yazid an-Nakha’i, the sheikh of Imam Hammad ibn Abu Sulayman.


This period came to an end without there being any codification of either of the sciences of fiqh and ahadith. There were, however, some preliminary attempts. Caliph ‘Umar ibn ‘Abd al-‘Aziz, for example, wrote to his representative in Medina, Abu Bakr Muhammad ibn ‘Umar ibn Hazm, to look for what there was of the ahadith, or Sunnah, of the Prophet and write it down. However, the Caliph died before his agent could complete what he was ordered to do.


Next came the Epoch of the Mujtahidun. This period began at the outset of the second hijri century and extended to the middle of the fourth. In this period, fiqh grew and flourished, and the questions it treated multiplied in an unprecedented manner. This phenomenon is due to a number of reasons, including:
  • The regard of the Abbasid Caliphs for law and the jurists. This is evident in their closeness to the jurists, and their resorting to them for their opinions.
  • The expansion of the Islamic Empire which stretched from Spain to China. In these vast lands, it became necessary to take account of the various customs and traditions of the people as long as they did not contravene the foundational texts. Therefore, people’s ijtihad differed based on the variation of their customs and traditions.
  • The emergence of great mujtahidun with superior qualifications and talents, and their work in developing fiqh in order to respond to the needs of the state for organization and laws. Furthermore, they formed schools which were populated by distinguished jurists.
  • The compilation of the Sunnah, which enabled the jurists to distinguish the sound from the weak ahadith, and, so, make better use of them in a more convenient fashion. The Sunnah, of course, is the very subject matter of fiqh, and one of its most important sources.


After the Epoch of the Mujtahidun came the Era of Taqlid

This period began midway through the fourth century and continued until the fall of Baghdad in 656 AH. This is the period of the stagnation of fiqh, for the jurists tended towards taqlid although the standard until then was that there be an independent mujtahid not bound to a specific madhhab, juristic school of thought, but rather restricted only by the texts of the Qur’an and Sunnah and that which acceptable ijtihad leads him to – acceptable ijtihad being an extraction of legal rulings from the two great sources, the Qur’an and the Sunnah.

In this period, the ambitions of the jurists were weak. They considered themselves deficient, and incapable of following in the footsteps of previous mujtahidun, despite their mastery in fiqh, and the ease with which they could now access the Sunnah source material.

Among the reasons for the prevalence of taqlid among all but a rare few of the jurists were:
  1. The weakness of the political power wielded by the Abbasid Dynasty. The Islamic Empire was no longer what it once had been – it had now been split up into portions with small states governing the many fractured areas. This has a serious impact on the lives of jurists, and the development of law.
  2. The various schools of thought had now been codified in a comprehensive manner, after a refining of its major issues and concerns, and the organization of its content. This led to a certain contentment with this juristic heritage, and a feeling of being able to dispense with further investigation and derivation of rulings.
  3. A lack of confidence in oneself, and a fear of ijtihad. The jurists accused themselves of weakness and deficiency, and considered themselves incapable of taking the rulings directly from the original sources. They thought it best and most suitable that they restrict themselves to a well-known madhhab, to stick and abide by to its rulings, and to learn its methodology, usul, without diverging from them.

In this period, the gate of ijtihad was closed. For, when the jurists saw that the claims to ijtihad were being made only by those who were incapable of it, they feared that the religion of the people would be corrupted by inferior fatawa based on neither knowledge nor understanding. So, they pronounced on the closing of the gate of ijtihad, to safeguard from this corruption and to protect the people.

However, the truth is that ijtihad persisted and did not disappear entirely. It was simply that ijtihad had to be preceded by the fulfillment of certain conditions – whoever possessed the requisite capacities was entitled to perform ijtihad; whoever did not, it was prohibited for him to issue fatawa without knowledge.

Despite this stagnation, the jurists undertook many beneficial tasks, including:
  1. Determining the operational legal causes for rulings transmitted from their a’immah, for not every position had been transmitted with its reasoning.
  2. Extracting the principles of derivation from the rulings of the madhhab, so that the methods of ijtihad adopted by the imam may be known.
  3. Weighing the different opinions transmitted from the imam, and choosing some over others. For it could have been that the transmitted opinion was retracted without the transmitter knowing this fact; or alternatively that there was a subtle difference between two variant opinions which explained the difference between them; or again that one opinion was adopted according to a strict analogy, while another was adopted for other considerations out of a jurist’s discretion. So, the jurists of this period would grant preponderance to some of these opinions over others in light of the principles of their established madhhab.
  4. Organizing the fiqh of their madhhab, by categorizing, explaining and commenting on the rulings, and supporting them with evidences; and mentioning points of conflict with other madhahib, the reasons for these disagreements, and the evidences in support of their madhhab’s positions.
There is no doubt that these contributions constituted a great service to fiqh, by expanding and explaining the field.


Finally, we have the Modern Epoch. This period begins with the fall of Baghdad in the seventh century and extends to our times. Fiqh did not recover from this stifling environment and the jurists did not change their approach. So restrictiveness became widespread.

There were, though, a few individuals here and there who were dissatisfied with taqlid and called for unrestricted ijtihad based on direct interaction with the Qur’an and Sunnah, and not restricting oneself to a specific madhhab. However, these were few in number, and the majority of the muqallid jurists did not accept their criticisms. So, the jurists of this period oriented themselves towards writing, specially towards statements of doctrine which came to be so terse that they began to impair and obscure the intended meanings, resembling instead aphoristic writing. These texts, called the mutun, were in need of commentaries, shuruh, to explain their meanings and clarify ambiguities. Then, notes and comments appeared in the margins of these commentaries: these were called glosses, hawashi.

Writing, however, was not restricted to these genres. There were also books of fatawa: responses to questions posed by the people as to their daily practical lives. These individual responses were gathered either by their author or by others, and organized according to the chapter scheme of books of fiqh. Also, many of these fatawa were accompanied either by evidences from the texts of the school, madhhab, or the mufti, or by evidences from the Qur’an, the Sunnah, and other primary sources without reference to a specific madhhab.


The Modern Epoch also consists of the Modern Revival Epoch which we are in today. In our era, we are witnessing a revival of fiqh from a variety of perspectives: a greater regard for the discipline of fiqh in university teaching; the comparative study of fiqh; an exposure to its distinguishing characteristics and features; and an attempt to reconcile the culture of law with the culture of the Shari’ah. We hope for an increase in the regard being accorded to the Shari’ah and fiqh so that it reclaims its original standing as law proper, and that the state undertakes appropriate legislation as was the case in the past.


One of the phenomena of the contemporary revival of fiqh is the resurgence of writing in the discipline. Among the reasons for this is the storming of the field by extreme tendencies, who have sought to critique religious texts. And so many serious writings have emerged as a sort of response to this orientation, delineating the manner of interacting with the Shari’ah texts, and presenting the Principles of Islam. This genre has fulfilled its role of strengthening the confidence of Muslims in their religion and heritage.

Other phenomena include the formation of fiqh councils, scientific meetings, Islamic universities. In addition, there have been other institutions which have played the crucial role of bringing the different schools of thought together, and teaching fiqh according to the different madhahib, and so contributing greatly to minimizing and limiting partisanship between the schools.


Many contemporary scholars have distinguished themselves in this field in both the east and the west, contributing to this revival, and to the study of fiqh from a variety of directions. An example of this is Dr ‘Abdul-Hakim Jackson, professor at the University of Michigan in the United States. He has many studies of fiqh, including his book titled Islamic Law and the State: The Constitutional Jurisprudence of Shihabuddin al-Qarafi.

A genre that has emerged as part of this revival is the fiqh of minorities. The word ‘minorities’ is a political term indicating a constituency within a nation-state that belongs to a linguistic, ethnic, or religious group other than that of the majority. It is best to include this as a sub-genre of fiqh in the general sense – which includes both the doctrinal and practical aspects of the Shari’ah. This is the meaning intended by the Prophet when he said,
“He for whom Allah wishes good, He gives him understanding in religion.”

So, the fiqh of minorities is that portion of fiqh which evinces a regard for the connection of the legal ruling with the circumstances of such a group and the place in which they live. It is, in other words, a fiqh for a group that finds itself in special circumstances: some things may be appropriate for it that are not appropriate for others. The one who treats such matters is in need also of knowledge of the social sciences, especially sociology, economics, finance, law, political science and international relations.


Today, we are in need of placing such a fiqh on a strong footing, which in reality is already well established in a number of legal principles, such as:
  • Legal obligation is based on one’s capacity to fulfill the obligation, as in the verse,


On no soul doth Allah place a burden greater than it can bear...
[Quran 2:286] 

  • The Shari’ah is built on ease and facility. The Qur’an says,


…Allah intends every facility for you, He does not want to put you to difficulties...
[Quran 2:185]

…and has imposed no difficulties on you in religion…
[Quran 22:78]

  • There are both supererogatory actions and dispensations in the religion. People of strength are entitled to perform the former, while people of weakness are entitled to take advantage of the latter. In both cases, what is sought is ease. As such, it is necessary to make things easy for those living outside Muslim lands.
  • The scholars have also settled on a famous principle, namely that fatawa change with time, place, custom and circumstances. This is what is meant when we differentiate between those who live within Muslim countries and those who live outside of them.



— Mufti Ali Goma'a, transmitted via Sidi Terence Helikaon Nunis of A Muslim Convert Once More