Sunday, August 24, 2014

The viewpoint of the Muslims in life is the Halaal and the Haraam [ Translated]



The following is an English translation of a useful article from the archives.



The viewpoint of the Muslims in life is the Halaal and the Haraam

1) The viewpoint in life or what has been called ‘ideology’ controls the behaviour of the human in a complete manner because it is formed from the ‘Aqeedah i.e. by way of decisive belief (Tasdeeq Jaazim) in specific thoughts about life. The human by his nature undertakes his actions according to what is in his interest i.e. to attain benefit for himself and to repel harm from himself. There is no difference in regards to this amongst humankind because their Fitrah is upon that. However their view toward the interests differs in accordance to the difference in their viewpoint in life and in accordance to its change the view of the human towards his interests changes. As for what forms the viewpoint towards his interests then it comes from his Hukm (judgement) upon the human actions and things or matters that are connected to them. So that which is judged to be Hasan (good) will be undertaken and will be considered as a beneficial matter whilst that which is judged to be Qabeeh (undesirable) will be refrained from and will be considered as harmful. As such the consideration of the interests only occurs by the judgement upon the actions and things.

So who does this judgement upon actions and things belong (or return) to? Does it belong to the ‘Aql (mind/intellect) or does it belong to the Shar’a? If it belongs to the mind then the consideration of the Masaalih (interests) must be left to the mind whilst if it belongs to the Shar’a then the consideration of the Masaalih must belong to the Shar’a. This is because the purpose of issuing a Hukm (judgement) is to designate and specify the stance of the human towards the action and whether he should perform it, leave it or have a choice between doing it and leaving it. It is also to specify his position towards the things that are connected and related to the actions in respect to whether he should take them or leave them or have the choice between taking and leaving them. The specification of his position rests upon his view toward the thing and whether it is Hasan or Qabeeh or neither Hasan or Qabeeh, and this rests upon who or what specifies this?

Is it the ‘Aql of the Insaan (human) or is the Shar’a? Or is it from the perspective of the reality of things and their suitability to the nature of the human and his Fitriy (intrinsic) inclinations or due to the innate nature being averse to them? There is therefore no doubt that the judgement upon things and actions in these two areas (reality and Fitriy inclinations) returns to the ‘Aql and not to the Shar’a. This is because it is the mind which judges upon the actions and things in these two areas whilst the Shar’a does not judge in either of these as there is no place for the Shar’a within them. So the possession of wealth is Hasan whilst poverty is Qabeeh and good health is Hasan whilst sickness is Qabeeh amongst similar matters are apparent in terms of their Husn and Qubh. And that giving property is Hasan whilst taking it is Qabeeh, or a thing being sweet is Hasan whilst a bitter thing is Qabeeh, amongst other similar matters. So the nature is averse to the taking of wealth by way of transgression and without right just as it is averse to that which is bitter, whilst it inclines towards helping and rescuing the one in danger and towards that which is sweet. This all returns back to the reality of the thing which the human senses and his mind comprehends and it returns to the nature of the human and his Fitrah. He feels it and his mind comprehends it and as such it was the mind that made judgement upon the matter in terms of it being Husn or Qubh (Good or undesirable/ugly) and it was not the Shar’a. 

However in respect to these matters the Hukm upon them is not considered a Maslahah or an absence of a Maslahah because it only provides information about a certain reality. So it provides information about the true reality (Haqeeqah) of the thing and what it is or it provides information about the true reality (Haqeeqah) of his natural/intrinsic (Fitriy) inclinations (Mayool) and what they are? The people do not differ in respect to judging these matters and as such there is no room in this matter for differences in viewpoints of life. The point where difference does occur is in respect to the Hukm upon matters from the angle of praise (Madh) or dispraise (Dhamm), and upon things and actions in the Dunyaa. So there are people who dispraise actions whilst others praise them and there are people who praise things whilst others dispraise them. So in respect to these actions and things, who is it who judges upon them in terms of praise or dispraise? Is it the person or is it Allah? Said differently, is it the ‘Aql or the Shar’a? The answer to this is that the ‘Aql and the Idraak (realisation/comprehension) is the transferral of things to the ‘Aql (mind) by way of the sensation and by way of the previous information that explains this reality. Therefore the Ihsaas (sensation) is an essential (intrinsic) part of the components of the ‘Aql and if the human has not sensed a thing it is not possible for his ‘Aql to pass judgement upon it. This is because the ‘Aql is restricted in passing judgement upon actions and upon things due to their being open to being sensed whilst it is impossible upon him to issue a judgement upon things that are not sensed. So the killing of a Musta’min (one who has been given a security) being dispraised whilst killing an enemy combatant being praised, or Ribaa (interest) being dispraised whilst a loan given without Ribaa being praised, all falls within that which the human does not sense as there is nothing for him to sense. It is not possible for it to be reasoned and for the ‘Aql to issue a judgement upon it. As for the feelings of the person in respect to repulsion towards killing or inclining towards taking an increase on his capital (i.e. through interest) which he has given as a loan, then all of these feelings by themselves do not benefit  us in respect to issuing a judgement. Rather it must be known that the sensation and feelings in regards to these matters does not always come from the Fitrah (innate nature) of the person. Rather it comes from the information that he possesses about it and for this reason some of them feel aversion whilst others feel the inclination towards the matter. It is because of these two reasons that the feelings are not suitable for the mind to issue a Hukm upon a thing or action but rather the sensation is necessary. This is the case where the Hiss (sensation) is not present and indeed not possible because it is not from the matters that are sensed. As such it is not possible for the ‘Aql to issue a judgement upon the action or the thing in respect to it being Husn or Qubh in terms of placing praise (Madh) upon performing it and blame/dispraise (Dhamm) upon leaving it. This is whilst the consideration of the interests (Masaalih) in terms of them being interests or not, returns back to the judgment passed upon them in terms of praise and dispraise and it does not return back to their reality and the innate (Fitriy) human inclinations towards them. In the case where it is not possible for the ‘Aql to pass judgement upon it then no one can consider interests as interests whilst returning back to the mind due to the lack of its capability to pass judgement upon them. Rather he must go back to the Shar’a and it is not permissible to make the issuing of the Hukm in terms of praise and dispraise return to the human Fitriy inclinations. This is because these inclinations issue the judgement of praise in accordance to what agrees or is in harmony with them and likewise issues the judgement of dispraise upon that which opposes it. That which is in agreement with the inclinations could be from the dispraised matters like Zinaa or subjugating the people into servitude, or it could be in opposition to the inclinations whilst being from the praised matters like fighting the enemies and saying the word of truth in circumstances which result in severe harm. Therefore making the Mayool (inclinations) and Ahwaa’ (desires) the source for passing judgement means making it the measure and criteria for the Madh (praise) and Dhamm (dispraise) which is definitely an incorrect measure without doubt. The Hukm would then be made in accordance to the desire and lusts and it will not be in accordance to what it must be. For this reason it is not allowed for the Fitriy inclinations to issue a judgement in terms of Madh or Dhamm and as such it is not allowed to refer the consideration of Masaalih (interests) as being interests back to the Mayool Al-Fitriyyah (natural innate inclinations). Rather the Shar’a must be referred back to.

In the case where the ‘Aql cannot be referred back to whilst considering interests to be interests but rather must be referred back to the Shar’a, and where it is not permissible to refer back to the Mayool Al-Fitriyyah (innate inclinations) when considering interests to be interests but rather it is necessary to refer back to the Shar’a. In such a case it means that considering interests as being interests does not return back to the human being but rather it refers back to the Shar’a. Islaam came and made the consideration of interests as being interests return back to the Shar’a and not to the human being. It is upon this basis that the Halaal and the Haraam have come so that they specify the position of the Muslim towards the actions (Af’aal) and things/matters (Ashyaa’). The question of whether he should refrain from them or not refrain from them does not return to the human but rather it returns alone to the Shar’a. It is the Shar’a that decides the Halaal and decides the Haraam. The human’s Wijhat An-Nazhar (viewpoint) in life is therefore not Naf’iyah (benefit) but rather it is the Halaal and the Haraam alone i.e. what Allah has made Halaal and what Allah Ta’Aalaa has made Haraam, whilst there is no consideration other than that.

2) The Aayaat and the Ahaadeeth have come explaining that the Halaal is that which Allah has made Halaal and that the Haraam is that which Allah has made Haraam, and that the right does not belong to anyone from amongst the humans to declare the Halaal and the Haraam. Allah (swt) has made clear that it is He alone who decides the Halaal and the Haraam, when He said:

وَقَدْ فَصَّلَ لَكُمْ مَا حَرَّمَ عَلَيْكُمْ

He has explained to you in detail what is Haraam (forbidden) to you (Al-Maa’idah 119).

قُلْ تَعَالَوْا أَتْلُ مَا حَرَّمَ رَبُّكُمْ عَلَيْكُمْ

Say: "Come, I will recite what your Lord has made Haraam (prohibited) upon you (Al-An’aam 151).

قُلْ إِنَّمَا حَرَّمَ رَبِّيَ الْفَوَاحِشَ

Say: "My Lord has only made Haraam the evil sinful acts” (Al-A’araaf 33).

قُلْ مَنْ حَرَّمَ زِينَةَ اللَّهِ الَّتِي أَخْرَجَ لِعِبَادِهِ

Say: "Who has made Haraam the adornment of Allah which He has produced for His servants (Al-A’araaf 32).

إِنَّمَا النَّسِيءُ زِيَادَةٌ فِي الْكُفْرِ يُضَلُّ بِهِ الَّذِينَ كَفَرُوا يُحِلُّونَهُ عَامًا وَيُحَرِّمُونَهُ عَامًا لِيُوَاطِئُوا عِدَّةَ مَا حَرَّمَ اللَّهُ

Indeed, the postponing [of restriction within sacred months] is an increase in disbelief by which those who have disbelieved are led [further] astray. They make it Halaal one year and Haraam another year to correspond to the number made unlawful by Allah and [thus] make Halaal what Allah has made Haraam (At-Taubah 37).

قَدْ خَسِرَ الَّذِينَ قَتَلُوا أَوْلَادَهُمْ سَفَهًا بِغَيْرِ عِلْمٍ وَحَرَّمُوا مَا رَزَقَهُمُ اللَّهُ افْتِرَاءً عَلَى اللَّهِ

Indeed lost are they who have killed their children, from folly, without knowledge, and have made Haraam that which Allah has provided for them (Al-An’aam 140).

وَلَا تَقُولُوا لِمَا تَصِفُ أَلْسِنَتُكُمُ الْكَذِبَ هَذَا حَلَالٌ وَهَذَا حَرَامٌ لِتَفْتَرُوا عَلَى اللَّهِ الْكَذِبَ إِنَّ الَّذِينَ يَفْتَرُونَ عَلَى اللَّهِ الْكَذِبَ لَا يُفْلِحُونَ

And say not concerning that which your tongues put forth falsely: "This is Halaal and this is Haraam," so as to invent lies against Allah. Verily, those who invent lies against Allah will never succeed (An-Nahl 116)

قُلْ أَرَأَيْتُمْ مَا أَنْزَلَ اللَّهُ لَكُمْ مِنْ رِزْقٍ فَجَعَلْتُمْ مِنْهُ حَرَامًا وَحَلَالًا قُلْ آَللَّهُ أَذِنَ لَكُمْ أَمْ عَلَى اللَّهِ تَفْتَرُونَ

Say: "Have you seen what Allah has sent down to you of provision of which you have made [some] Halaal and [some] Haraam?" Say: "Has Allah permitted you [to do so], or do you invent [something] about Allah?" (Yunus 59)

قَاتِلُوا الَّذِينَ لَا يُؤْمِنُونَ بِاللَّهِ وَلَا بِالْيَوْمِ الْآَخِرِ وَلَا يُحَرِّمُونَ مَا حَرَّمَ اللَّهُ وَرَسُولُهُ

Fight those who do not believe in Allah and the Day of Judgement and do not make Haraam what Allah and His Messenger have made Haraam (At-Taubah 29).


And the Ahaadeeth have also come making clear and explaining that what Allah (swt) has made Halaal is that which He has made Halaal in the Qur’aan and the Sunnah:

The Messenger of Allah (saw) said:

إِنَّ الحَلالَ بَيِّنٌ وَالحَرَامَ بَيِّن

Verily the Halaal is clear and the Haraam is clear (An-Nasaa’iy Saheeh and similar from Al-Bukhaari).

يوشِكُ الرَّجلُ متَّكئًا علَى أريكتِهِ يحدَّثُ بحديثٍ من حديثي فيقولُ بينَنا وبينَكُم كتابُ اللَّهِ عزَّ وجلَّ ما وجَدنا فيهِ من حلالٍ استحلَلناهُ وما وجدنا فيهِ من حرامٍ حرَّمناهُ ألَّا وإنَّ ما حرَّمَ رسولُ اللَّهِ صلَّى اللَّهُ عليهِ وسلَّمَ مثلُ ما حرَّمَ اللَّهُ

There will come a time, when a man sitting upon his couch is mentioned a Hadeeth and he replies: ‘Between us and you is the Book of Allah, the Mighty and Majestic, so what we find in it to be Halaal we take as lawful and what we find in it to be Haraam we take to be forbidden.’ Indeed, what the Messenger of Allah has made Haraam is like what Allah has made Haraam. [Ahmad].

From this Hadeeth it is understood that the Halaal and Haraam is restricted to that which has come from Allah (swt) and His Messenger (saw).

The Messenger of Allah (saw) said:

الحلالُ بيِّنٌ والحرامُ بيِّنٌ، وبينَ ذلِكَ أمورٌ مشتبِهاتٌ

The Halaal is clear and the Haraam is clear and between them there are some unclear/obscure matters.

And in the version recorded by Al-Bukhaari there is the addition:

لا يَعْلَمُهَا كَثِيرٌ مِنَ النَّاسِ

Most of the people do not know them.


And in the version recorded by At-Tirmidhi it stated:

لا يَعْلَمُهَا كَثِيرٌ مِنَ النَّاسِ مِنَ الحَلالِ هِيَ أَمْ مِنَ الحَرَامِ

Most of the people do not know, is it from the Halaal or is it from the Haraam.

This therefore refers to the three matters: The Halaal is clear, the Haraam is clear and the hidden/obscure matter about which it is not known whether it is Halaal or Haraam. So the clear Halaal can be validly undertaken, whilst the clear Haraam is not permitted to be undertaken, whilst that which is not known in terms of it being Halaal or Haraam must be avoided until the Hukm of Allah for it is made apparent in respect to it being Halaal or Haraam. Therefore all of these texts together indicate and guide to the viewpoint of the Muslim towards actions and things/matters being the Halaal and the Haraam alone.

It is this viewpoint which defines and specifies his position towards the actions and towards the things/matters related to the actions. Based upon this it is not Halaal for the Muslim for his conduct towards things and actions to be built upon (the premise of) the Man’fa’ah (benefit). Indeed it is Haraam for him to do that because as long as he believes in the Islamic Aqeedah, this Aqeedah makes it obligatory upon him for his conduct (Sulook) to be built upon the Halaal and the Haraam. This is because he believes that the Qur’aan Al-Kareem is the Kalaam of Allah and that this Qur’aan has explicitly stated that it is prohibited to make Halaal that which Allah (swt) has made Haraam and to make Haraam that which Allah ‘Azza Wa Jalla has made Halaal. This means that it has stated in its text the prohibition (Tahreem) of making other than the Halaal and the Haraam the measure in respect to undertaking and action or refraining from it.

وَلَا تَقُولُوا لِمَا تَصِفُ أَلْسِنَتُكُمُ الْكَذِبَ هَذَا حَلَالٌ وَهَذَا حَرَامٌ لِتَفْتَرُوا عَلَى اللَّهِ الْكَذِبَ إِنَّ الَّذِينَ يَفْتَرُونَ عَلَى اللَّهِ الْكَذِبَ لَا يُفْلِحُونَ

And say not concerning that which your tongues put forth falsely: "This is Halaal and this is Haraam," so as to invent lies against Allah. Verily, those who invent lies against Allah will never succeed (An-Nahl 116)
 
قُلْ أَرَأَيْتُمْ مَا أَنْزَلَ اللَّهُ لَكُمْ مِنْ رِزْقٍ فَجَعَلْتُمْ مِنْهُ حَرَامًا وَحَلَالًا قُلْ آَللَّهُ أَذِنَ لَكُمْ أَمْ عَلَى اللَّهِ تَفْتَرُونَ

Say: "Have you seen what Allah has sent down to you of provision of which you have made [some] Halaal and [some] Haraam?" Say: "Has Allah permitted you [to do so], or do you invent [something] about Allah?" (Yunus 59)

The ‘I’tiqaad (belief) in the Islamic ‘Aqeedah means that the viewpoint of the Muslim in life is that which the Islamic Aqeedah has brought. This is what Allah and His Messenger have made Halaal and what Allah and His Messenger have made Haraam i.e. the Halaal and the Haraam. This is in the case where the Aqeedah has brought with it the Imaan in the Qur’aan and in the Prophethood of Muhammad (saw). The Qur’aan has prohibited for there to be a measure for undertaking actions and for things other than that which Allah has made Halaal and what Allah has made Haraam i.e. other than the Halaal and the Haraam. As such it is prohibited (Haraam) for Naf’iyah (benefit) to be the viewpoint in life.

21st Jumaada Al-Uolaa 1390
24/07/1970.


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