Governance Index
Archives: See the letter by 126 Muslim clerics to ISIS leader [Must Read]
forget everyone and read the Qur’an and you will know what jihad is.”’ People need to understand that the Prophet and his noble Companions made do with as little material means as possible, without complicated technology, but they were greater than all of us in understanding, jurisprudence and intellect, and yet only a small number of Companions were qualified to issue fatwas. God says in the Qur’an: ‘… Say: “Are those who know equal with those who do not know?”…’ (Al-Zumar, 39: 9). God also says: ‘… Ask the People of the Remembrance if you do not know.’ (Al-Anbiya’, 21: 7); and: ‘… If they had referred it to the Messenger and to those in authority among them; those among them who are able to think it out, would have known it from them …’ (Al-Nisa’, 4: 83). Thus, jurisprudence is no simple matter, and not just anyone can speak authoritatively on it or issue fatwas (religious edicts). God says in the Qur’an: ‘… But only people of cores remember.’ (Al-Ra’d, 13:19). And the Prophet Muhammad said: ‘Whoever speaks about the Qur’an without knowledge should await his seat in the Fire.’ It is also high time to stop blithely saying that ‘they are men, and we are men’; those who say this do not have the same understanding and discernment as the noble Companions and the imams of the Pious Forebears (al-Salaf al-Saleh) to whom they are referring.
forget everyone and read the Qur’an and you will know what jihad is.”’ People need to understand that the Prophet and his noble Companions made do with as little material means as possible, without complicated technology, but they were greater than all of us in understanding, jurisprudence and intellect, and yet only a small number of Companions were qualified to issue fatwas. God says in the Qur’an: ‘… Say: “Are those who know equal with those who do not know?”…’ (Al-Zumar, 39: 9). God also says: ‘… Ask the People of the Remembrance if you do not know.’ (Al-Anbiya’, 21: 7); and: ‘… If they had referred it to the Messenger and to those in authority among them; those among them who are able to think it out, would have known it from them …’ (Al-Nisa’, 4: 83). Thus, jurisprudence is no simple matter, and not just anyone can speak authoritatively on it or issue fatwas (religious edicts). God says in the Qur’an: ‘… But only people of cores remember.’ (Al-Ra’d, 13:19). And the Prophet Muhammad said: ‘Whoever speaks about the Qur’an without knowledge should await his seat in the Fire.’ It is also high time to stop blithely saying that ‘they are men, and we are men’; those who say this do not have the same understanding and discernment as the noble Companions and the imams of the Pious Forebears (al-Salaf al-Saleh) to whom they are referring.
4. Difference of Opinion: In regards to difference of opinion, there are two kinds: blameworthy and praiseworthy. Regarding blameworthy difference of opinion, God says in the Qur’an: ‘And those who were given the Scripture did not become divided, except after the clear proof had come to them.’ (Al-Bayyinah, 98: 4). As for praiseworthy difference of opinion, God says: ‘… then God guided those who believed to the truth, regarding which they were at variance, by His leave …’ (Al-Baqarah, 2: 213). This is the opinion expressed by Al-Imam Al-Shafi’i in Al-Risalah, the other three imams and all the scholars for over a thousand years. When there is a difference of opinion among eminent scholars, the more merciful, i.e. the best, opinion should be chosen. Severity should be avoided, as should the idea that severity is the Ibn Taymiyyah says in Majmu’ Al-Fatawa (Vol. 13, p. 341), ‘Tautology in [the Arabic] language is rare and in the Qur’an, it is even rarer or nonexistent.’ Al-Raghib Al-Asfahani says in Mufradat Al-Qur’an (p. 55), ‘This book is followed … by a book that informs the use of synonyms and their subtle differences. By doing so, the uniqueness of every expression is distinguishable from its synonyms.’ Tafsir Al-Tabari (Vol. 9, p. 28).
Measure of piety. God says: ‘And follow the best of what has been revealed to you from your Lord …’ (Al-Zumar, 39: 55); and: ‘Indulge [people] with forgiveness, and enjoin kindness, and turn away from the ignorant.’ (Al-A’raf, 7: 199). God also says: ‘[Those] who listen to the words [of God] and follow the rest [sense] of it. Those, they are the ones whom God has guided; and those, they are the people of pith.’ Al-Zumar, 39: 18). In an authentic Hadith, it is related that the Lady Aisha said: ‘Whenever faced by more than once choice, the Prophet always chose the easiest one .’ The more severe opinion should not be considered more pious, religious or sincere to God. Indeed, in severity there is exaggeration and extremism; God says in the Qur’an: ‘… God desires ease for you, and desires not hardship for you …’ (Al-Baqarah, 2: 185). Moreover, the Prophet said: ‘Do not be severe with yourselves lest God be severe towards you. A people were severe with themselves and then God was severe towards them.’ There is delusion and vanity in severity, because severe people naturally say to themselves: ‘I am severe. Anyone less severe than me is deficient’; and thus: ‘I am superior to them.’ Herein lies an inherent attribution of ill-intention to God, as if God revealed the Qur’an to make people miserable. God says: ‘Tā hā. We have not revealed the Qur’an to you that you should be miserable’. (Ta Ha, 20: 1- ). It is worth noting that most of the people who became Muslims throughout history, did so through gentle invitation (da’wah hasanah). God says: ‘Call to the way of your Lord with wisdom and fair exhortation, and dispute with them by way of that which is best. Truly your Lord knows best those who stray from His way and He knows best those who are guided.’ (Al-Nahl, 16: 125). The Prophet said: ‘Be gentle, and beware of violence and foul language10.’And while Islam spread politically from Central Asia (Khurasan) to North Africa due to Islamic conquests, the majority of the inhabitants of these lands remained Christian for hundreds of years until some of them gradually accepted Islam through gentle invitation, and not through severity and coercion. Indeed large countries and entire provinces became Muslim without conquest but through invitation (da’wah), such as: Indonesia; Malaysia; West and East Africa, and others. Hence, severity is neither a measure of piety nor a choice for the spread of Islam.
5. Practical Jurisprudence (fiqh al-waq’i): What is meant by ‘practical jurisprudence’ is the process of applying Shari’ah rulings and dealing with them according to the realities and circumstances that people are living under. This is achieved by having an insight into the realities under which people are living and identifying their problems, struggles, capabilities and what they are subjected to. Practical jurisprudence (fiqh al-waq’i) considers the texts that are applicable to peoples realities at a particular time, and the obligations that can be postponed until they are able to be met or delayed based on their capabilities. Imam Ghazali said: ‘As for practicalities that dictate necessities, it is not far-fetched that independent reasoning (ijtihad) may lead to them [practicalities], even if there is no specific origin for them11.’ Ibn Qayyim Al-Jawziyyah said: ‘Indeed, [a jurist] must understand people’s propensity for plotting, deception and fraud, in addition to their customs and traditions. Religious edicts (fatwas) change with the change of time, place, customs and circumstances, and all of this is from the religion of God, as already elucidated.12’
6. The Killing of Innocents: God says in the Qur’an: ‘And do not slay the soul [whose life] God has made inviolable, except with due cause …’ (Al-Isra’, 17: 33); and ‘Say: “Come, I will recite that which your Lord has made a sacred duty for you: that you associate nothing with Him, that you be dutiful to parents, and that you do not slay your children, because of poverty – We will provide for you and them – and that you do not draw near any acts of lewdness, whether it be manifest or concealed, and that you do not lay the life which God has made sacred, except rightfully. This is what He has charged you with that perhaps you will understand.”’ (Al-An’am, 6: 151). The slaying of a soul—any soul—is haraam (forbidden and inviolable under Islamic Law),
It is also one of the most abominable sins (mubiqat). God says in the Qur’an: ‘Because of that, we decreed for the Children of Israel that whoever slays a soul for other than a soul, or for corruption in the land, it shall be as if he had slain mankind altogether; and whoever saves the life of one, it shall be as if he had saved the life of all mankind. Our messengers have already come to them with clear proofs, but after that many of them still commit excesses in the land.’(Al-Ma’idah, 5: 32). You have killed many innocents who were neither combatants nor armed, just because they disagree with your opinions.
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