Saturday, October 18, 2014

The Fikrah (thought) and the Tareeqah (method)

The following is a translation from the archives. 

The Tareeqah represents the Ahkaam Ash-Shar'iyah which explains the manner of implementing the Aqeedah and the manner of implementing the Ahkaam Ash-Shar'iyah. Allah (swt) has commanded Imaan in Waajib Al-Wujood (whose existence is obligatory) and He is Allah, and Imaan in the Prophethood of Muhammad (saw) whilst He (swt) forbade apostatizing from Islaam and commanded carrying the Islamic Da'wah to the world. Therefore the Ahkaam (rulings) which explain the manner of implementing these commands and prohibitions are from the Tareeqah (method) and they include for example the ruling for the Murtadd (apostate), the Ahkaam of Al-Jihaad and the Ahkaam relating to the Arab Mushrikeen (polytheists) and non-Arabs etc… And Allah (swt) has commanded chastity whilst forbidding Zinaa (fornication and adultery), and He has commanded the protection of the private property and forbidden thievery (as-Saraqah), and He (swt) has commanded the preservation of human life and forbidden killing it. The explanation of the manner of implementing these commands and prohibitions is from the Tareeqah and this is like the Hadd (prescribed punishment) for Zinaa, and for Saraqah (thievery) and the killing of the killer etc…

Allah (swt) has commanded the establishment of a Khalifah and He has prohibited for the Muslims to refrain from establishing the Khalifah for more than three days. He (swt) has commanded the establishment of Judges to settle the disputes and commanded the taking care of the people's affairs whilst He (swt) has forbidden acts of injustice (Mazhaalim) and forbidden deceit in trade, monopoly and oppression. The Ahkaam that explain the manner of implementing these commands and prohibitions are from the Tareeqah and they include the Ahkaam of trade, the Ahkaam of judiciary, the Ahkaam of the Bait-ul-Maal (treasury), the Ahkaam of (dealing with) acts of injustice and the Ahkaam of Hisbah (affairs related to the public well-being) etc…

Also Allah (swt) has commanding the feeding of the Fuqaraa and Masaakeen (impoverished and poor) and has forbidden for anyone to go to sleep whilst being hungry and the rules that explain the manner of how the money or wealth is provided to the poor and preventing them from going to sleep whilst hungry are from the rules of the Tareeqah. These include for example the Ahkaam of Nafaqaat (spending on others), the Ahkaam of Az-Zakaah and the Ahkaam of those who have a right upon the Bait-ul-Maal etc…

As such every Hukm (ruling) that explains the manner of implementing a command from the commands of Allah Ta'Aalaa or a prohibition from His prohibitions is from the Tareeqah. Therefore it should not be asked what the Daleel evidence) for the Talab Al-Jaazim (decisive request i.e. obligation) from the Shaari' (legislator) for the obligation of adhering to the Tareeqah is. This is because the Daleel (evidence) for it is the (same) Daleel that guides to the obligation of abiding by and adhering to the Ahkaam Ash-Shar'iyah which is well known. This is like His statement (swt):

فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لَا يَجِدُوا فِي أَنْفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًا

So no and by your Lord they do not believe until the make you the judge between them in all that which they dispute about amongst them and then they find within themselves no resistance to what you have judged and submit with complete submission (An-Nisaa 65).

And His speech (swt):

وَمَا آَتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانْتَهُوا وَاتَّقُوا اللَّهَ إِنَّ اللَّهَ شَدِيدُ الْعِقَابِ

And whatsoever the Messenger brings to you take it and whatever he forbids you from abstain from it and fear Allah, verily Allah is severe in punishment (Al-Hashr).

These are two from amongst many other well-known evidences related to this issue.

Allah (swt) did not reveal the Ahkaam Ash-Shar'iyah to treat the problems whilst leaving the human to implement these rulings in the way that he sees fit. So He (swt) did not say don't steal, don't commit Zinaa, don't consume the property of others and do not drink Khamr for example and then just leave man to implement these rules. Rather He (swt) don't steal and then provided rules that explain the manner of implementing that prohibition and these include the Ahkaam of Saraqah, An-Nahab, As-Salab and Al-Ghasab (different types of taking property without right). Allah (swt) explained all of the necessary rulings for the implementation of these Ahkaam and He did not leave man with the right to put down any ruling, whether related to the provision of solutions and treatments to problems or related to the manner of implementing these treatments. Rather He (swt) explained and made them all clear for man.

Islaam is therefore a Fikrah (thought) and a Tareeqah (method). The Fikrah is the Aqeedah and the Ahkaam which explain the treatment of the problems of life. These include for example believing in the validity and applicability of Islaam, the belief in the Kitaab and the Sunnah and the belief in the corruption of Kufr and so on. They also include the like of the Ahkaam of trade, the Ahkaam of marriage, the Ahkaam of renting and leasing, and the Ahkaam of Salaah and so on. As for the Tareeqah (method), then it is represented in the Ahkaam which explain the manner of implementing the Fikrah (thought), in other words the manner of implementing the Aqeedah and the manner of implementing the Ahkaam Ash-Shar'iyah like the Ahkaam of Al-Jihaad, Ghanaa'im (spoils of war), Fa'i (booty) and the Ahkaam of the apostate (Mutadd) for example. They also include the like of the Ahkaam of Al-'Uqoobaat (punishments) like the Hudood, Al-Janaayaat and At-Ta'zeer, or the rules related to the Imaamah (leadership) like the rules related to judges and Hisbah, and the Ahkaam related to Da'wah, accounting the Rulers, ordering the Ma'roof and forbidding the Munkar and so on.

As such adhering to and abiding by the Tareeqah is Fard whilst not abiding by it is a sin. If it is not abided by and another method is adopted whilst believing that the (Islamic) Tareeqah is not valid or applicable, then this action would be Kufr (disbelief) and may refuge be sought in Allah from that. If the person did not abide by the Ahkaam of Islaam in their quality as the Tareeqah for the implementation whilst not believing in their suitability and validity like the cutting of the hand of the Saariq (thief) for instance, then he would have disbelieved. However if he did not abide by them due to laziness, neglect or in conformity to what is present or similar to this, then his action would be a Ma'siyah (sinful act of disobedience). It is from this perspective that the judgments of the rulers and judges are measured in respect to them being acts of disobedience of disbelief as the rule and judiciary are from the rules of the Tareeqah. So the judge who rules that the thief should be imprisoned instead of cutting his hand then the issue is examined. If he passed this judgement due to not believing that the cutting of the hand of the thief was valid and applicable then he would have disbelieved and apostatized from Islaam but if he did it to full in line with the wishes of the ruler whilst still believing in the validity of the Hukm of cutting the hand of the thief and its applicability, then in this case he would be someone who is disobedient and each case he would be sinful. The same applies also to the Hukaam (rulers).

Therefore abiding by the Tareeqah, i.e. the Ahkaam which explain the manner of implementing the Ahkaam is a matter which has reached the severity that Allah (swt) has stated in the Noble Aayah:

فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّى يُحَكِّمُوك

So no and by your Lord they do not believe until they go to you for judgement (Al-Hashr)

The seriousness has reached the level that the one who does not believe in the Tareeqah has disbelieved and may Allah's refuge be sought from that.

26th Jumaadaa Al-Uolaa 1383
14/09/1963

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