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View Full Version : Justice In Dealing With Al-Nusoos (Shariah Texts


ahmedi
29-03-06, 01:35 PM
Shaykh Salman al-`AwdahAll of these accurate texts make up the deen, so we have to accept this Shariah, obey and believe in it, and nothing is rejected from it as long as it is accurate and not abrogated. Justice is to have balance in looking at these texts so that one avoids taking one category and neglecting another. Especially, [when dealing with different] texts related about one topic, or about two opposite subjects.There are those who take texts of al- Wa'eed (threats) like the hadeeth, "He will not enter jannah who cuts off [his ties of kinship]." [Bukhari, Muslim, and Abu Dawud] or, "A slanderer will not enter al-Jannah." [Bukhari, Muslim, Abu Dawud and Tirmidhi] or, "It is kufr for a person to withdraw himself from kinship even a little." Based on the outward appearance of these texts, he will attribute kufr to people, and forget other texts that are mentioned about al-Wa'du war-Rajaa' (promise and hope) like the hadeeth of 'Utbaan, "And surely Allah made the Hell Fire haraam for one who said Ia ilaha illa Allah seeking by that the Face of Allah." [Bukhari and Muslim] or, "He who bears witness that there is no deity but Allah and that Muhammad is the servant of Allah and His Messenger, and that `Isa is the servant of Allah and His Messenger, and His word which He placed into Maryam and a spirit from him, and that al-Jannah is true, and al-Nar is true, Allah will admit him into Jannah according to his deeds." [Ahmad, Bukhari, Muslim, Tirmidhi]On the other hand there are those who contradict the matter by taking texts of hope alone, and make people feel safe from Allah’s plan, neglecting texts of wa'eed (threats), "And there followed them successors who inherited the Scriputure [while] taking the commodities of this lower life and saying, â€کIt will be forgiven to us’. And if an offer like it comes to them, they will [again] take it.’" (Surat al-`Araf:169) Justice is to take from both this and that and put this in one scale, and that in the other, until they balance each other. Justice between legislative texts is justice between the minor and the major issues, because all of the deen is Allah's, there isn't anything that can make it of little importance, or worthy of neglect, or which can be ignored. This is why he, sallallahu `alaihi wa sallam, said after his answer to Jibreel about Iman, Islam, and lhsaan, "That was Jibreel who came to teach you about your religion..." [Bukhari, Muslim, Abu Dawud and Nisai] This is why if a person denies a known matter with a definite certainty he will be a kaafir due to that, even if the matter he denies is sunnah or fardh kifaaya, like the two raka`aats of fajr, the adhaan, etc. Therefore there are neither superficialities nor trivialities in the deen, as it pleases some of the hasty ones and attackers to speak without certainty or reflection. But there are principles, such as starting with matters of 'aqeedah and giving priority to major issues over minor ones. For instance, when you see a person with a host of mistakes, it is wise to start with major mistakes before minor ones, that is, it is not proper to reprimand someone about some of the adhkaar [plural of dhikr] that are sunnah while he is neglecting the waajibat [obligations] and basic elements of salaat. Likewise, it is not proper to start your advice by forbidding him from smoking while he is committing shirk. Graduation in dawa is confirmed in the recommendation of the Prophet, sallallahu `alaihi wa sallam, to Mu`adh when he sent him to Yemen. He said, "You will come to a people of the Book so the first thing you will call them to is to testify that there is no deity but Allah and that Muhammad is the Messenger of Allah, so if they obey that, then inform them that Allah has made for them five obligatory prayers in every day and night; if they obey that, then inform them that Allah has made for them an obligatory charity that is taken from their riches and given to their poor..." [Bukhari, Muslim, Abu Dawud, Tirmidhi, Nisai]. Giving priority to the most important issues is the legislation of the Prophet, sallallahu `alaihi wa sallam. This was part of his methodology in the practical dawa, and part of his instructions to his companions who are the bearers of his Message. Some sincere du`aat may direct their attention and care to a host of minor matters, which are important without a doubt, but there exists that which is more important than these. It is not the advisor's job to avert du`aats’ concern from those matters totally, nor to encourage them only with regards to those matters, but his job is to place them in their natural proper place, and put other major matters in their proper place as well.One day I was explaining a lesson to students from, "Bulugh al-Maraam". It was the hadeeth of Abi Saeed, may Allah be pleased with him, "If one of you comes to the masjid, let him look at his shoes, if he sees harm [impurity] on them, then let him wipe them and pray in them." [Abu Dawud] So I found it a suitable opportunity to explain the proper methodology using this hadeeth as an example. First of all, I mentioned the sunan that are related from the Messenger of Allah concerning the matter of praying in shoes, and they are five in general:He would take off his shoes intentionally in salaat as in the hadeeth of `Abdullah ibn Saaed, "I saw the Prophet a praying on the day of Fath [victory] and he put his shoes on his left." [Abu Dawud, Nisai] He prayed in his shoes, as in the hadeeth of Abi Saeed, and that narrated by Abu Muslima Saeed Ibn Yazeed al-Uzdiy, he said, "I asked Anas bin Malik, may Allah be pleased with him, 'Did the Prophet used to pray in his shoes?' He said, 'Yes'." [Abu Dawud] He used to pray barefoot, as well as in shoes as in the hadeeth of `Amru bin Shu'aib from his father from his grandfather, "Sometimes like this, and sometimes like that." [Abu Dawud] Putting the shoes between the feet, neither on the right nor the left, even though there isn't anyone on his left side, as in the hadeeth of Abu Hurairah and others. [Abu Dawud] Commanding to pray in them as in the hadeeth of Shaddaad bin Awss, "Contradict the Jews, they don't pray in their shoes nor their slippers." [Abu Dawud, authenticated by Hakim and Adh-Dhahabi agreed] Then I mentioned the opinions of the fuqahaa [concerning prayer with shoes on] which are three:1. It is disliked, as reported from Ibn Umar and Abu Musa aI-Ash'ari.2. It is desirable, and this is the way of the majority like 'Umar, 'Uthmaan, 'Ali, Anas, ibn Mas'ud, Ataa'a, Mujahid, Taawus, Shareeh etc.3. It is acceptable if there is no impurity on them, as supported by al-Khataabi and Ibn Daqeeq al-'Eid, Ibn Butaal, Nawawi and others. That is, the salaat is not desirable in shoes according to them, and Ibn Daqeeq al-'Eid claims so because the shoes are in contact with the ground which contains many impurities which is sufficient to prove that it is desirable to take them off for salaat.Then I gave preference to the opinion of praying in shoes because of the clear authentic proof, with the condition of taking into consideration three things:To look at them making sure that they are free from impurity or any harmful things as the Prophet commanded in the hadeeth of Abu Sa'eed. Provided that the act will not cause any debate or trouble. This refers to raising voices in the masjid during debate; giving up speaking to one another; having hate and aversion in the hearts; and plotting, or even abandoning the salat in congregation to express anger... all of which might be done by some people whose hearts need to be united. In some communities the enemies of dawa and the correct methodology are pleased with such behaviors, they take advantage of people's ignorance about the Sunnah, so that they would falsely accuse du`aat and push people away from them. The necessity of putting the fundamentals in order.Therefore, we want to correct the people’s `aqeedah and make them aware of all different kinds of outward and inward shirk and avoid the forbidden, and we want to encourage them to stick to the sunan and the mustahabbaat (recoommended deeds), to incite them to avoid the makroohaat (disliked deeds). It is not wise to persist in teaching people one of the sunan regardless of how much effort it will take, if the result will be rejecting this sunnah because of their ignorance, then rejecting those who invite them to it by accepting neither his effort nor his justice. The steps of the legislative fundamentals start with teaching the fundamentals of `aqeedah, then doing the obligatory things and avoiding the forbidden ones, then performing the sunan and avoiding the makruuhaat. Therefore it is like necessities, then commodities, then refinements. We need to abolish the contradiction between the major concern and the minor concern, and to erase the false concept which claims that giving concern to the major issues leads to ignoring the minor, or vice-versa. We need to arrange the concerns of the du`aat in an order of priority that gives every issue the attention it deservesThere is nothing wrong for the daa`iya to study or teach these sunan which people deny, like shortening the clothing halfway the leg, or the posture of rest during the salaat, or moving the index finger in tashahhud. But these are issues which are dealt with in the texts of the shar` which a qualified person should have an opinion or ijtihaad over, under the condition that it won’t distract him from other issues. As well as that the young ones should be trained to apply it on themselves, and on the ones who accept and take it from them at the right times and the right places. They should leave it out, for Allah’s sake, when they see that there is a legislative intent in leaving it out. Not because of fearing people’s tongues and talk. Justice is not to write in a minor subject more than fourteen research papers, while we neglect the major occurrences and happenings in the ummah through which people walk unguided, and stumble with their personal opinions, or with their incomplete ijithaad which is void of the tools of correct ijtihaad. There are those who fall into the opposite error, by giving concern to the major matters, and lessen from the importance of the minor ones. One of them says for instance, "I am Salafi, and when I look at `Umar’s personality, I see an `Umar who spread justice among the people, an `Umar who used to say, â€کIf a mule tripped in Iraq, I would feel that Allah will ask me about it, "Why didn’t you fix the road for it O `Umar?" â€کBut I don’t look at `Umar’s personality as the one who shortens his clothing and lengthens his beard as some of these boys look at him!" Subhaan Allaah! Why do we divide `Umar’s personality into two. `Umar the just, the mujaahid, the bearer of the mule responsibility in Iraq; and `Umar the holder of the sunnah in his appearance, clothing and action? Far be it from `Umar, may Allah be pleased with him, because surely he never believed in this dualism, or this separation. Here is the proof, when Uqba bin `Amir, may Allah be pleased with him, came to give him the good news about the victory over al-Shaam, after which he had ridden a whole week from Friday to Friday until he arrived to Madina, he (`Umar) made takbeer and the Muslims were happy with this courageous victory. Then `Umar looked at the khuff [leather shoes] of `Uqba and said to him "How long have you been wearing them?" He replied, "I’ve been wiping over them the whole week!" Then `Umar said, "That is the sunnah." [Bayhaqi] And it is authentic as Ibn Taymiyya and others said [al-Fatawa]. Therefore `Umar’s concern, may Allah be pleased with him, with the matter of conquests and subjugating the world to the Islamic rule did not prevent him from investigating a minor matter - minor in some people’s opinion - and illustrating the sunnah in it according to his opinion and ijtihaad. When the `Amir of the Believers was dying on his bed, the anxiety of leadership after him was troubling him, as well as the companions of the Messenger of Allah, for the affair of the leadership is a concrete and important matter affecting all. But in spite of its importance, it did not prevent `Umar from researching and understanding minor issues. After he was stabbed, a boy from the Ansaar came to see him, and show his appreciation. When he was leaving, `Umar saw the length of his clothing, and said, "Bring the boy back to me!!" When the boy was brought back to him, he said, "O son of my brother! Pull up your izar, surely it is cleaner for your clothing and has more taqwa to your Lord!" [Bukhari, from the hadeeth of `Amr bin Maymun] After a few minutes he turned towards his companions around him and said, "What do you have to say about the issue of inheritance of the grandfather with the brothers" So they spoke, then `Umar said, "I had an opinion about the grandfather, so if you what to follow it, then follow it!" Then `Uthmaan, may Allaah be pleased with him said, "If we follow your opinion, it is righteous, and if we follow the opinion of the shaykh before you, then they are both excellent." [Darimi from Marwan bin al-Hakam] This is `Umar, may Allah be pleased with him. To him the major issues are in comfortable harmony with the minor ones, one color does not dominate the other; one taste does not dominate the other, all complete a structure, one thing depends upon the other.