Saturday, September 20, 2014

The obligation of making all actions of the Muslim proceed in accordance to the Ahkaam Ash-Shar’i in the Tareeqah (method) and the Usloob (style)

A translation of a Q&A from the archives:

Question and answer:

1) Allah has demanded that the Muslim proceed in all of his actions in accordance to the Ahkaam Ash-Shar’i without any exception for any action. Built upon that, all of the actions of the Muslim are obligatory to proceed in accordance to the Ahkaam Ash-Shar’i without there being any difference between that which is from the Tareeqah and that which is from the Asaaleeb (styles). This is because the speech of Allah (swt):

وَمَا آَتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانْتَهُوا

And whatever the Messenger has brought to you take it and whatever he has forbidden you from abstain from it (Al-Hashr 7).

Is general and encompasses every action and because the statement of the Messenger of Allah (saw): ‘Every action that is not upon our Amr (affair/matter) is rejected’ is general and encompasses every action.

However from the actions of the human include those in which: ‘The Hukm has come ‘Aamm (general) and encompasses everything and the Hukm of its details did not come’ and those in which: ‘Its Hukm came ‘Aamm (general) in addition to a Hukm for every detail from amongst its details’. For example the Hukm of Al-Bai’u (trade) came ‘Aamm (general):

وَأَحَلَّ اللَّهُ الْبَيْعَ

And Allah has made trade Halaal (Al-Baqarah 275).

Similar to that is Al-Ijaarah (renting/leasing), Al-Wakaalah (agency), Al-Kafaalah (guarantee/security) and Ad-Damaan (guarantee) etc... Therefore the Hukm has come for this type from amongst the actions of the servants however branches branch out from it bringing details. So in trade for example there is the trade that is measured in quantity, weighed, measured in size, number and the trade of the animal etc... And in Ijaarah there is the renting of a house, the leasing of land, the hiring of a person or an animal etc... Then there is the issue of whether the contract (‘Aqd) of trade or lease is completed by way of the tongue, by handshake, writing, signing or by taking and giving etc... As such all of these represent details for the matter that the Hukm (ruling) has come for the sake of, and these details must be examined. So if its Hukm is like the trade of foodstuffs which is not fulfilled (completed) except by the handing over (delivery), then it is obligatory to adhere to the Hukm that has come for that detail. And if the Hukm did not come for that detail like the completion of the ‘Aqd (contract) by tongue, writing or another means its Hukm will be Ibaahah (permissibility) because the Daleel (evidence) of the Hukm which came for the Asl (origin) i.e. for trade or for Ijaarah, came in a general (‘Aamm) manner. It therefore means that everything related to completing that is Mubaah.

Another example is that of Salaah the Hukm of which is ‘Aamm (general):

وَأَقِيمُوا الصَّلَاةَ

And establish the Salaah.

However branches branch out from it like the Niyah, the Rukoo’, the Sujood and the Juloos (sitting in between Sajdahs) etc... And other branches are connected to it like speaking during the Salaah or moving in it amongst other similar matters. So these details are for the issue that the Hukm has come for the sake of and for each of them a Hukm Khaass (specific) has come like the Hukm of Rukoo’ and rising from it, and the Hukm of At-Tahiyyaat and the Qunoot etc... It is therefore obligatory to adhere to these Ahkaam in these details. If however a Hukm has not come for a detail like that related to movement during the Salaah for example, then it has not come with a Daleel indicating that it invalidates the Salaah whilst a Daleel has come indicating that the speech during the Salaah does invalidate it. Therefore if a Hukm did not come for that detail then the generality of the Daleel (evidence) that came for its origin guides to the permissibility (Ibaahah) of that detail. The same also applies to the Hajj and the Zakaah etc... It therefore becomes apparent that the actions of the human that he undertakes to perform an action that the Shar’a has brought a Hukm for, like trade and Salaaqh for example, that these actions are then considered to be a branch (Far’u) from the origin (Asl), and not the Asl. This is because the Asl (origin) is that which the Hukm has come for its sake or purpose, whereas they are only consequences of or what is built upon that Asl i.e. the branches (Furoo’) of the Asl.

In respect to these branch actions, if a Hukm Khaass (specific ruling) has come for the action, then that action would be from the Tareeqah and it would be obligatory to commit to it and adhere to it. Whereas if a Hukm Khaass did not come for the action then that action would be from the Asaaleeb (styles) i.e. from the Mubaah actions of the person, and he approaches them in accordance to how he sees fit from that which the Shar’a has made permissible for him. The appointment of the Khalifah is considered an Asl because the Hukm Ash-Shar’iy came for it and branching out upon this Hukm is the issue of whether he is appointed by way of an election or by the Bai’ah or both of them together? And whether the Bai’ah (pledge) is given by tongue, by writing or by signalling it? Does the Bai’ah occur in all of the lands in a single day or a single week or times that follow on from one another etc...? In respect to all of these actions, those which have come with a Hukm Khaass (specific ruling) for it would then be an action from the Tareeqah; like the Bai’ah. And if a specific Hukm did not come for it, then the generality of the Hukm that came for the origin would then be a Daleel for the permissibility of undertaking it with any action. That action would then be Mubaah (permissible) i.e. from the Asaaleeb (styles). In this same way, every action from the actions of the Muslim is made to proceed in accordance to the Hukm Ash-Shar’iy. As for the Ibaahah (permissibility) then it is what has been requested to be undertaken by any action from amongst the actions without specification. As for the adherence to a specific Hukm then that is what has been demanded to be undertaken by specific actions which the Shar’a has specified. What the Shar’a has specified in respect to the actions by which the required (or demanded) action is performed , is considered to be the Tareeqah, whilst that which the Shar’a has not specified specific actions to be undertaken for it, but rather has requested undertaking it by any action, is considered to be from the Asaaleeb (styles).

1 comment:

Anonymous said...

Where's the question?