The Meaning of ‘Ruling’

Since the subject matter of these verses concerns ‘Ruling by what Allaah has revealed’, it is impossible that the word is meant to mean anything other than the sole exclusive right of Allaah ta ‘ala to legislate both in essence and meaning.

He alone has the sole prerogative of command, and this is precisely what Allaah has revealed.  From this basis, other types of ruling emanate from the Nass (text) which we are supposed to elaborate upon as to how we are to rule by what Allaah has revealed. These various types are meant with the word Ruling here, and these can be placed into the following categories:

* al-Futiyyah. The first type of ruling is to give Fatwah, which means expressing an opinion which you believe to be true without it being legally binding upon others. This can be an expression of an opinion in any aspect, including religious, scientific, rational, aesthetic, and morality.  All of these come within the meaning of ruling, and are construed to be within the context of what Allaah ta ‘ala has revealed.

* al-Qa’dthaa’ (Judicial ruling).  This involves pronouncing a point of view to settle a dispute in a binding way.  It is different from a Fatwah which is not (necessarily) legally binding. This is where it can be enforced by a State. In modern times this is seen as one of the three major powers of the state, and in Arabic a judge is called Haakim, and what he pronounces is known as a Hukm (ruling). Therefore it is not permissible to enact judicial ruling except by what Allaah has revealed and whoever does not do so is one of the Thaalimun, Faasiqun and Kaafiroon.

* Managing the affairs of the public. The third type of ruling meant by the ayat is managing the affairs of the public by administrative and executive powers. The one who does this is known in Arabic as the Wali / Wali- ul amr / Haakim / Sultaan. In modern times it is also common to call the governments in the Arab world Hukoomah which refers to the executive authority of state. In the United States, the Hukoomah is the President who is the chief executive.  It is not permissible to manage the affairs of the public in both the executive and administrative arms of the state except by what Allaah ta ‘ala has revealed.  If it is done by other than what Allaah ta ‘ala has revealed then they are Dhaalimoon, Faasiqoon and Kaafiroon.

* Adoption in Ruling. This refers to the practical implementation of the divine laws.  It is not formulating primary legislation but procedurally enacting the divine laws, whether that is in the format of a constitution, bye-laws or executive decree(s).  The essence of adoption in ruling is ijtihad applied in governance.  One can therefore discern that there is a sharp distinction between this and modern parliamentary / legislative systems that assign sovereignty to man – either the entire body politic, but more commonly through their ‘elected representatives’ – who formulate not only administrative laws, but also primary legislation.  The management of the modern political society or state through the adoption of rulings, enacting constitutions, bye-laws or the like, which are made legally binding, has to be done according to what Allaah ta ‘ala has revealed.   Moreover, ruling does not merely involve the provision of formulating legislation.  Exercising political judgement in a given situation or scenario arguably forms a key element of ruling.  Underpinning such judgement are core fundamental values, and indeed, a distinctive reference point.  In Islaam, this reference point is only the divine sources, namely, the Qur’aan and the Sunnah.

* Nevertheless, in either of the aspects mentioned above ruling cannot be conducted upon personal whims or desires of a political leadership, nor for that matter, can it be based upon what is considered the will of the majority or the majority’s opinion.  It has to be according to what Allaah ta ‘ala has revealed, lest the leadership falls within the categories of Thaalimun, Faasiqqqn and Kaafiroon as specified in the verses of al-Maa’idah.

The word Ruling in the ‘ayahs cannot be restricted to mean only judicial rulings as some contend.  It is ruling with the full range of meanings in the Arabic language and has been shown and proven by the Qur’aan as it is the main authority in this issue.  The word ruling and the meaning which we have discussed are encompassed within it.  Other meanings are also mentioned in the Qur’aan, but they are not relevant to this present study. To give a brief example, Allaah ta ‘ala’s ruling on the day of judgement.  Obviously this is confined to the ‘Aakhirah and our focus of the word is concerned with the Dunyah, but this is also a meaning of the word ruling.

“Whoever claims to have the Ijmaa’ of the Muslim scholars of his age on a given religious issue has made a gross claim (‘athama ad-da’wa) and asserted its existence with something which does not obtain. The feasibility of this is impossible, even If one assumes that it is possible to have such agreement, without investigation and knowledge of the opinions of each man or group of men. The truth is that this is impossible (mamnoo’). This is because the consensus of all the scholars of all the regions on an issue is impossible given the [existence of] different schools, temperaments, and differences in understanding, contradictory dispositions and the love of contradiction. This is with regards to a scholar speaking about the consensus of his generation. If he is claiming an ijmaa’ about a generation which he did not know after the age of the companions then the claim, is too impossible… The one who claims that ijmaa’ constitutes proof is not correct, for such [a claim] constitutes mere conjecture on the part of an individual from the community of Muslims. No believer can worship Allaah on the basis of this… In my works, when I report a consensus from others I do this in order to prove my point to the one who accepts that Ijmaa’ constitutes proof.”

[Wabl Al Ghamaan ‘alaa Shifaa’ Al-Uwaam in Kitaab Shifaa’ Al Uwaam 3 vols]

This is a treatise on the Zahiri school of thought and their history.  One of the greatest and famous scholars of all time, Imaam Abu Muhammad ibn Hazm of Al-Andalus, was a follower of this Mathhab.  Another title for this school and its followers is Dawudis, or Ahl az-Zahir, named after Imaam Dawud az-Zahiri.

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http://rapidshare.com/files/219494839/Zahiri_Doctorine.pdf.html

http://rapidshare.com/files/219507923/The_Zahiris.pdf.html

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Alhumdulillaah, someone also uploaded the book to Scribd:
http://www.scribd.com/doc/14116513/The-Zahiris-Their-Doctrine-and-Their-History-by-Ignaz-Goldziher

Ahumdoolillaah, as-salaatu was-salaam ‘ala Rasoolullaah

This is a excerpt from the book ‘Kitab al-Jami’ by one of the greatest Maliki scholars ever lived, Imaam bin Abu Zaid al-Qairawani (310AH-386AH).  He quotes Imaam Malik’s view about the following authentic hadeeth from al-Muwatta’ under the heading ‘The banishment of the Jews from Medinah.’ We will only quote the needed material from the section InshAllaah.

Yahya related to me from Malik from Isma’il bin Abi Hakim that he heard ‘Umar bin ‘Abdul ‘Aziz say, “One of the last things that the Rasoolullaah sallaahu alaihi wa sallam said was, ‘May Allaah fight the Jews and the Christians. They took the graves of their Prophets as places of prostration. Two deens shall not coexist in the land of the Arabs.’”

Yahya related to me from Malik from bin Shihab that the Rasoolulllaah sallaahu alaihi wa sallam said, “Two deens shall not coexist in the Arabian Peninsula.”

Malik said that bin Shihab said, ”’Umar bin al-Khatab searched for information about that until he was absolutely convinced that the Rasoolullaah sallaahu alaihi wa sallam had said, ‘Two deens shall not coexist in the Arabian Peninsula,’ and he therefore expelled the Jews from Khaybar.”

Malik said “That (Arabian Peninsula) is Makkah, Medinah, Yemen and the land of the Arabs.”

Then ‘Umar expelled the people (Jews) of Najran (place in Yemen).  As for the people of Fadak, a treaty had been made with them for a half (of the produce of their land.)  Their half was evaluated and he gave them camels, packed saddles and gold for it, and bought it for the Muslims.  He expelled the Jews of Khaibar and didn’t take anything away because they didn’t have anything.

Malik said “As for Tayma’, their affair is clear.  Between us and them is eleven nights (journey), it is not an Arab land, it is a district of Sham.  I believe that the Wadi’s (Wadiul Qura) Jewish inhabitants were left because they didn’t think that it is a land of Arabs.”  As for Egypt, Khorasaan and Sham, they were not expelled from there because they are non-Arab lands.  Whoever is expelled from places other than Medinah which they had been inhabiting may delay more than three days until they have loaded up.  ‘Umar imposed three days on them in Medinah because they were only passer-by.”

Bin Shihab said, “Khaibar (was conquered) by force, and some of it by treaty, and most of the Kateebah by force.”

Malik was asked, “What is the Kateebah?” He said, “The land of Khaibar, which is forty thousand palm trees with their fruits.”

Alhumdoolillaah, as-salaatu was-salaam ‘ala Rasoolullaah.

Imaam Muslim recorded in his Saheeh under Book of Imaan, that Abu Huraira (ra) related Rasoolullaah sallaahu alaihi wa salam said (translation):

“Islaam began as something strange, and it will become strange again just like it was at the beginning, so blessed are the strangers.”

And he also reports it from bin ‘Umar (ra):

“Indeed Islaam began as something strange and it will become strange again just as it started, and it would recede between the two mosques just as the serpent crawls back into its hole.”

This is a well-known hadeeth which reaches the status of mutawatir, reported by around twenty Sahaaba (ra) with different wordings.

Imaam Tirmidhi collected the following wording from ‘Amr bin ‘Awf of Rasoolullaah sallaahu alaihi wa salam (translation):

“The deen will shrink back to the Hijaz like the snake shrinks back into its hole. It will cling to the Hijaz like the mountain goat clings to the mountaintop. The deen began as something strange, and it will become strange again just like it was at the beginning, so blessed are the strangers who restore what the people corrupt of my Sunnah.” And he graded it Hasan Saheeh.

And in Musnad Ahmed and bin Hiban’s collection, it was reported (translation):

“Islaam began as something strange and it will revert to how it began as something strange. So Tooba to the strangers” The people asked, “Who are they, Ya Rasoolullaah?” He answered, “Those who are pious and righteous when the people have become evil.”

In Imaam bin al-Mubarak’s ‘Kitab uz-Zuhd’ #775 the hadeeth ends with:

“They are righteous people among many evil people, who disobey them more than they obey them.”

Imaam at-Tabari in his famous tafsir reports that Rasoolullaah sallaahu alaihi wa salam explained “Tooba” as a tree in Jannah. The time it takes to travel it is 100 years and the clothing of the people of Jannah is taken from its lamina.

All of the above narrations are authentic by their own right or due to supporting chains.

Who exactly are these people?

Rasoolullaah sallaahu alaihi wa salam had mentioned that there will always be a group from his Umma fighting upon the truth. This was reported by many Sahaaba (ra), rising the hadeeth to the level of mutawatir. Some narrations are as follows (translation),

In Saheeh Muslim, under the Book of Government:

From Thauban (ra):

“A group of people from my Umma will always remain triumphant on the right path and continue to be triumphant (against their opponents). He who deserts them shall not be able to do them any harm. They will remain in this position until Allaah’s. Command is executed (Qayama).”

From Mughira (ra):

“A group of people from my Umma will continue to be triumphant over the people until the Command of Allaah overtakes them while they are still triumphant.”

From Jaabir bin Sumara (ra):

“This religion will continue to exist, and a group of people from the Muslims will continue to fight for its protection until the Hour is established”

From Jaabir bin ‘Abdullaah (ra):

“A group of people from my Umma will continue to fight in defense of truth and remain triumphant until the Day of Judgment…”

From Umair bin Umm Hani (ra):

“A group of people from my Umma will continue to obey Allaah’s Command, and those who desert or oppose them shall not be able to do them any harm. They will be dominating the people until Allaah’s Command is executed.”

And similar reports clearly show that this group of Strangers is, without a doubt, the Mujahideen. And to make things even clearer, Rasoolullaah sallaahu alaihi wa salam specifies to whom “Tooba” is for. The hadeeth is recorded in Saheeh Bukhaari and Sunan bin Maja, from Abu Huraira (ra), in which Rasoolullaah sallaahu alaihi wa salam mentions the destruction and humiliation for the worshipper of the dinar, dirham, khameesa and khamila. Than Rasoolullaah sallaahu alaihi wa salam mentions (translation):

“…Tooba is for the worshipper, taking the reins of his horse in the cause of Allaah; his hair flying, his feet dusty. If he is assigned the watch, then he remains on watch. If he is assigned the rear guard, he guards the rear. Yet if he asks permission, he is not permitted, and if he intercedes, his intercession is not granted.”

Hence, Tooba for the Mujahideen.

One of the disputed ahadeeth is found in Saheeh Muslim under “The Book of Descriptions of Judgment Day, Paradise and Hell”

Chapter “The Beginning of the Creation and the Creation of Adam” alayhis salaam

TRANSLATION:  Abu Haraira reported that Rasoolullaah sallAllaahu alayhi wa sallam took hold of my hands and said: “Allaah, the Exalted and Glorious, created the clay on Saturday and He created the mountains on Sunday and He created the trees on Monday and He created the things entailing labor on Tuesday and created light on Wednesday and caused the animals to spread on Thursday and created Adam after ‘Asr on Friday, the last creation at the last hour of the hours of Friday.”

Several other hadeeth scholars collected this report, such as Imaam Ahmed in his Musnad, Imaam ibn Hiban in his ‘Kitab at-Tarikh’.

One scholar disputing its authenticity was Imaam bin Taymia in his ‘Majmua’ al-Fatawa’ who states other hadeeth scholars, such as Imaam Bukhaari from his ‘Tarikh’,  saying that this hadeeth is not the words of Rasooullaah sallAllaahu alayhi wa sallam, but rather the words of a Tabi’ named Ka’b al-Ahbar. Imaam bin Taymia also said that some hadeeth scholars, likes of Imaam bin Jauzi, did in fact accept this hadeeth as authentic and attributed to Rasoolullaah sallAllaahu alayhi wa sallam.

Ka’b al-Ahbar was a Jewish rabbi who became Muslim under Ameer ul Mumineen ‘Umar bin al-Khatab’s (ra) rule and died under Ameer ul Mumineen ‘Uthmaan bin ‘Affaans (ra) reign.  He was known to have narrated many israilite traditions.

And Allaahs knowledge encompasses all things.

Asalaam alaykum

I have created another blog http://millatibraheem.wordpress.com due to the lack of Arabic text on this one.  I will continue to post on here unless I need arabic posting for which I will just post a link, linking it to my other page inshAllaah.

“They (Jews and Christians) took their rabbis and their monks to be their lords besides Allah” [Surah at-Taubah: 31]

On the authority of Adi Ibn Hatim (may Allah be pleased with him), it is reported that he heard the Messenger of Allah (peace and blessings be upon him) reciting this (above mentioned) Quranic verse, so he said to him (peace and blessings be upon him): “We do not worship them.” He (peace and blessings be upon him) said: “Do they not forbid what Allah (Glorified be He) has permitted and do you not then forbid it (to yourselves), and do they not make permissible for you what Allah (Glorified be He) has forbidden, and do you not then make it permissible (to yourselves)?” I replied: “Certainly!” He (peace and blessings be upon him) said: “That is worshiping them.” (Narrated by At-Tirmidhi, who graded it as Hasan)

After mentioning the ayah and hadeeth shown above, Akbar Shah Khan Najeebabadi writes:

“The commentators of the Quraan, in their commentaries of this verse have stated that, ‘had the monks and rabbis asked their people to abandon Allah and worship them instead, the masses would never come to terms with such a suggestion. But, instead they (the scholars) declared permissible what Allah had forbidden, and forbade what He had made permissible, and the people accepted this. And, this is what is meant by taking them as their lords (besides Allah).’

Similarly, the scholars of the Muslims have become (like) the monks and rabbis, and the Muslims have arrived at the position of the People of Israeel (the Jews). They (the Muslims) have raised their Imaams and Ullama to the stature of lords (above them). Usually, a person does not ask what the Quraan and Hadeeth have to say in regards to such and such a matter, rather they have taken the words and analogies of their scholars to be a (Shari) proof in and of it’s self, and they have covered their eyes and follow them blindly.

To claim that “we only follow our scholars because they would never go against the rulings of Allah and his Messenger (peace and blessings be upon him), and that they will only give us a ruling that is inline with the commandments of Allah and the guidance of His Messenger (peace and blessings be upon him)” is utterly incorrect. In fact, this is the very same claim the Jews and Christians made in regards to their scholars, but Allah (SWT) has declared them to be misguided criminals, because Allah dislikes that His Book (the Quraan) and the Sunnah of His Messenger (peace and blessings be upon him) be pushed aside, and that the sayings of someone else takes precedence over them in the Shariah.

The Ullama should (only) be asked about what Allah and His Messenger (peace and blessings be upon him) have to say in regards to such and such a matter, and not about what he himself has to say, nor what his teacher or Imaam had to say regarding it. But, since the ullama usually wish to be taken as lords (besides Allah) they fill their fataawa with their own rulings, or they parrot the rulings of those that they have taken as lords over themselves (i.e. their Imaams). And, if someone (dare) suggest that the evidence supporting this ruling were kindly presented from the Quraan and Sunnah, these Muftis and Scholars lose their senses as if someone had just proclaimed disbelief in front of them.

Verily, the verses of the Quraan or that which is required through the Ahadeeth of the Prophet (peace and blessings be upon him), is like a death sentence to their Sheikhdom and their fatwa offices.”

[Taken from: Akbar Shah Khan Najeebabadi’s: 'Meyaar ul Ullama']

Translated by Shaaze (http://ilmulfaadl.muslimpad.com/)

The position of Ahlu Sunnah Wal Jama’ah with regards to innovators and heretics

The position of Ahlu Sunnah Wal Jama’ah has been to disassociate themselves also from innovators and heretics. This is called in Arabic, Bid’ah. It is defined as a contrivance; something fashioned without precedence or antecedents; something new.

Thus it is said, “Allah fashioned creation”, that is He initiated it out of nothing. And likewise, Allah says,

The Originator of the heavens and the earth [Al-Baqara 2:117]

and He says,

Say, I am no new thing among the messengers [Al-Ahqaf 46:9]

or rather, ‘I was not the first messenger to the people of the earth’. The term is applied to the inventions of the heart, inventions uttered by the tongue, inventions committed by the hand [Tartushi, Kitab al-Hawadith wal Bida', 38-39, revised by, Muhammad Talibi]

Ibn al-Jawzi said: “The term Bid’ah applies to something which was not done before, thus an invention. The problem with it is that it comes up against the Shari’ah by differing with it, it therefore obliges one to either add something to it or remove something from it” [Talbees Iblees, p. 26.]

Some may object that this is nothing to do with the subject of alliance and disassociation, which rests essentially upon the distinction between Muslims and non- Muslims. In response to this I can only say:

First, innovation in religion represents an urgent and pressing peril to Islam. This is because it is divided into varying degrees ranging from clear disbelief, to hypocrisy, to disobedience or rebellion. Imaam Shaatibi said: “Bid’ah is divided into varying degrees ranging from clear disbelief, such as the Bid’ah of Jaahiliyah which the Qur’an warns against in Allah’s verse:

And they consecrate to Allah a portion of the crops and the cattle which He created saying, ‘This is for Allah’, or so they claim, ‘and this is for our partners’ [Al-An'am 6:136]

and again in,

They say, ‘That which is in the bellies of these cattle is for our males alone, and forbidden to our females, but if it is born dead, then all have shares therein.’[Al-An'am 6:139]

and finally,

Allah has not instituted things like Bahi’ra or a Sa’iba, or a Wasi’la or a Haam [Al-Ma'idah 5:103. Bahi'ra was a she-camel whose milk was spared for the idols alone. Sa'iba was a she-camel let loose for free grazing for their false gods and nothing was allowed to be carried on it. Wasi'la was a she-camel set free for idols because it has given birth to a she-camel both on its first delivery and second delivery. Haam was a stallion-camel freed from labour, after it had finished the siring assigned for it. All these animals were liberated in honour of idols, as a practise of the pagan Arabs in Pre-Islamic period.]

Then there is the invention of the hypocrites who clothe themselves in the cloak of religion as an expedient, to secure for themselves some social or pecuniary advantage, the likes of which can leave no doubt but that they are clearly disbelievers” [Shaatibi al-l'tisaam, 2/37.]

Thus the matter of what is to be permitted and what is to be forbidden is a matter for Allah alone and whoever impinges upon this has assumed a divine quality. Likewise, Allah is the creator and his is all authority over creation. Did He not say,

His verily is all creation and commandment [Al-A'raf 7:54]

and also,

And do not utter that which your tongues falsely declare, ‘this is lawful and this is forbidden’, inventing a lie against Allah [An-Nahl 16:116]

These represent an invention which is itself disbelief. Their author and partisan is the object of hatred and scorn. After he is warned and cautioned we are to struggle against him with all our might. We disassociate ourselves from him as we do from any self-declared disbeliever. The Prophet said, “Whoever introduces anything new in this business of mine, he is rejected” [Bukhari, Kitab as-Sulh, 5/301, Hadith 2697, and Muslim, Kitab al-Aqdiyya, 3/1343, Hadith 1718.] (This could also be rendered in English, ‘it is rejected’, since Arabic does not possess any neuter pronoun like the English ‘it’. The reference is ambiguous because of this grammatical feature, though the ambiguity cannot be easily conveyed into English. This interpretation follows the argument of the author who maintains that the Hadith provides proof of disbelief. For a detailed discussion of it see Fath al-Bari, Sharh al-Qastalani li-Sahih al-Bukhari, or Imam an-Nawawi’s Sharh of Sahih Muslim)

Al-Baghawi said: “Scholars of Sunnah have agreed that religious innovators and their cronies should be shown animosity and be deserted” [Sharh as-Sunnah, 1/227.] Shaatibi proceeded in his classification of Bid’ah saying: “Some kinds of innovation are essentially disobedience rather than disbelief though there is disagreement about it. Thus some are unsure about the status of the Khawarij and the Qadariyyah and others, among the quasi-heretical sects.

Then there is the kind of innovation which, all are agreed, is disobedience but not disbelief; such as asceticism, self-mortification by standing all day in the sun and fasting, and castrating oneself in renunciation of sexual desire. There is innovation which is reprehensible (makruh), such as making a communal du’a at Arafat during the Hajj; blessing the names of rulers during the Friday prayer as Ibn Abd as-Salam Sha’fii said and so on” [Shaatibi, al-l'tisaam, 2/37] Thus, Ahlu Sunnah Wal Jama’ah free themselves from all these heretics and innovators.

Secondly, the Salaf scholars have all warned about the dangers of Bid’ah and that posed by those who love it. Ibn Mas’ud said, for example, “Everyone who wants to follow someone must follow those who came before, who have died. These are the Companions of the Prophet, who were the best of this Ummah. They were the purest of heart, the most profound in knowledge, and the simplest in living. They were His religion. So emulate their manners and their customs for theirs was the Straight Path” people whom Allah chose to be the Companions of His Prophet, and the purveyors of [al-Baghawi, Sharh Sunnah, 1/214]

Sufyan at-Thawri said that “Innovation is dearer to Satan than disobedience since it is possible to repent from disobedience but innovation knows no repentance” [Ibid. 1/216]

Imam Malik said, “Whoever introduces into this Ummah something which was unknown before him has accused the Prophet of betraying the faith. For Allah has said, “Today I have completed for you your religion” [al-Ma'idah 5:3] What was not a part of religion on that day, is no part of it today” [al-I'tisaam 2/53]

Shaatibi, may Allah have mercy upon him, divides the pernicious effects of innovation into two categories:

(1) It opposes and challenges Allah’s law. Thus the innovator considers himself to be in a position to rectify Allah’s Shari’ah, he is not satisfied with it as it is.

(2) All innovation, large or small, tries to legitimize itself; whether it adds something to the Shari’ah, takes something away from it, or perverts something formerly correct; it could be something totally unknown, or it could attach itself parasitically onto some valid act of worship. In any event, whoever deliberately introduces such a thing into religion has disbelieved, whether it is to add to the Shari’ah or to take something away, large or small, he is a disbeliever. [al-I'tisaam, 2/61]

This view is supported generally by the evidence which indicated the sinfulness of innovation. The Prophet said, “All innovation is a going astray” [Sahih Muslim, Kitab al-Jumua, 2/592 (867)] and he said, “Who calls others to error, his sins are as weighty as all of the sins of his followers and this does not lighten their burden in the slightest” [Sahih Muslim, Kitab al-Ilm, 4/2060 (2674)]

One of our early scholars remarked, “Don’t sit with the heretics or (he said) contentious people, I fear that you may become immersed in their foolishness which they will try to foist upon you” [Sharh Sunnah, 1/227]

This should make the position clear. The belief of Ahlu Sunnah Wal Jama’ah is that disassociation should include all innovators (Mubtadi’ah), particularly those with disbelieving innovations. We will return to this topic again later, Insha’ Allah.

From Muhammad Saeed al-Qahtani’s book ‘al-Walaa wal Baraa” Vol 2