The Application of Revelation Part 2 [notes]

بسم الله الرحمن الرحيم

THE APPLICATION OF REVELATION

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We are going to include one more hadith on the issue of IJTIHAD.

IJTIHAD means independent judgement.

Some companions of Mu'adh ibn Jabal said: 'When the Apostle of Allah ( ﷺ ) intended to send Mu'adh ibn Jabal to the Yemen, he asked: "How will you judge when the occasion of deciding a case arises?" He replied: 'I shall judge in accordance with Allah's Book.' He asked: "(What will you do) if you do not find any guidance in Allah's Book?" He replied: '(I shall act) in accordance with the Sunnah of the Messenger of Allah ( ﷺ ).' He asked: "(What will you do) if you do not find any guidance in the Sunnah of the Messenger of Allah and in Allah's Book?" He replied: 'I shall do my best to form an opinion and I shall spare no effort.' The Messenger of Allah ( ﷺ ) then patted him on the chest and said: "Praise be to Allah Who has helped the messenger of the Messenger of Allah to find something which pleases the Messenger of Allah."' [Sunan Abu Dawood (3/303) No. 3592, Sunan Tirmidhi (3/608) No. 1327, Musnad Ahmad (5/230) No. 22060]

This takes place when we cannot find a direct answer in Quran and Sunnah, the Qadi uses his independent judgement to arrive at a conclusion.

The Messenger (ﷺ) was pleased with the answer of Mu'adh Ibn Jabal, on whose account the Scholars agree to the acceptance of IJTIHAD.

However, it is HARAM to use IJTIHAD if the TEXT is CLEAR.
We use IJTIHAD as the last option out of sincerity to the QURAN and SUNNAH.
Note: A Madhkhali will say to you that Shaikh Bin Baaz used IJTIHAD when he allowed the Kuffar in to Muslim lands.

Say to him, you cannot use IJTIHAD when the text is clear.

They think you are ignorant and they want to con you in regards to your DEEN.

Only if you cannot find an answer in the TEXT, do you resort to using your AQL.

THE SIXTH SOURCE OF APPLICATION OF REVELATION

SOURCE # 6 = MASAALIH / MURSALA 

Maslaha means to legislate or pass a verdict of public interest in order to benefit the public.

Maslaha is also termed as Masaalih/Mursala in some books of FIQH.

For Ex. - To establish a police force and prisons for the sake of keeping the peace.

For Ex. - To allow different forms of currency to facilitate transfer of goods and ease of business transactions.

For Ex. - To impose tax on those who trade in the Islamic State.

For Ex. - To tax those who come for hajj.

The Saudi regime started charging tax for HAJJ due to the infrastructure and water they provide the pilgrim.

THE CONDITIONS FOR THE MASLAHA TO BE VALID

The Saudi Regime said that because the infrastructure is good, they charge tax for hajjis.

FIRST CONDITION:

CONDITION # 1 - The Maslaha should be used to bring good to the community and not harm to the community

This is because the whole purpose of the Shariah is to bring goodness to the community.

You can't use maslaha to fulfil corrupt and evil desires.

CONDITION # 2: You can't use maslaha to fulfil corrupt and evil desires.

So that people can do Haram and give the excuse of Maslaha.

People cannot use the argument of maslaha for haram.

CONDITION # 3 - The Maslaha should be genuine and not imaginary

You cannot pass a fatwa on imaginary scenarios; the situation has to be real and genuine.

Allah (سُبْحَانَهُ وَتَعَالَىٰ) said in the Qur’an

CONDITION # 4 - The Maslaha should uphold the principles of the SHARIAH

It has to coincide with the Shariah; it cannot contradict Quran and Sunnah.

Or have they partners with Allah (false gods), who have instituted for them a religion which Allah has not allowed. And had it not been for a decisive Word (gone forth already), the matter would have been judged between them. And verily, for the Zalimun (polytheists and wrongdoers), there is a painful torment. (Ash-Shura 42:21)

The Scholars say that the Maslaha that is legislated cannot contradict the DEEN; it has to be in conformity with the DEEN.

CONDITION # 5: The Maslaha should be “kulliyyah” (it has to benefit all the Muslims)

The word KULLIYAH means that it has to benefit all the Muslims and not just the elite with the exclusion of the poor.

CONDITION # 6: The Maslaha has to be legislated by a panel of Islamic Scholars who are qualified, not by the ignoramus.

To legislate the maslaha; it is a matter of ijtihad.

Allah  (سُبْحَانَهُ وَتَعَالَىٰ) Said: And We sent not (as Our messengers) before thee other than men whom We inspired - Ask the followers of the Remembrance if ye know not! - [16:43] [Picthall]

You should ask those who know.
Do not go to the ignorant just because you feel comfortable with the ignorant. You must go to the scholars who know.

A lot of people go to a jaahil for fatawah, but if they want to have surgery they go to the best doctor.

Don't take your DEEN for granted to your own detriment.

'The Ahlul Dhikr' are the people of knowledge.

And before thee, also the messengers We sent were but men, to whom We granted inspiration: if ye realise this not, ask of those who possess the Message. [16:43] [Yusuf Ali]

If a man wants to get fillings on his teeth, he wouldn't go to a shoe-maker; he would go to a dentist.
The ignorant Muslims go to the ignoramus; it is a trend of today.

Only a KAFIR takes his Deen from the KAFIR.

One of the seven conditions of the shahadah is Yaqeen (certainty). 

'Abdur Rahman bin 'Abdul Qari said, "I went out in the company of 'Umar bin Al-Khattab one night in Ramadan to the mosque and found the people praying in different groups. A man praying alone or a man praying with a little group behind him. So, 'Umar said, 'In my opinion I would better collect these (people) under the leadership of one Qari (Reciter) (i.e. let them pray in congregation!)'. So, he made up his mind to congregate them behind Ubai bin Ka'b. Then on another night I went again in his company and the people were praying behind their reciter. On that, 'Umar remarked, 'What an excellent Bid'a (i.e. innovation in religion) this is; but the prayer which they do not perform, but sleep at its time is better than the one they are offering.' He meant the prayer in the last part of the night. (In those days) people used to pray in the early part of the night." [Sahih Bukhari (3/45) No. 2010]

Ibn Taymiyyah said (when refuting the view of those who quoted ‘Umar’s words “What a good innovation this is” as meaning that innovation (bid’ah) is permissible): "With regard to qiyaam in Ramadan, the Messenger of Allah (ﷺ) introduced this to his ummah, and he led them in prayer for a number of nights, because at his time they used to pray in congregation and individually. But he did not persist in leading them in one congregation, lest that be made obligatory for them. When the Prophet (ﷺ) died, shariah was established (and would not change after that). When ‘Umar (RA) became caliph, he united them behind one imam, Ubayy ibn Ka’b, who united the people in one congregation on the orders of ‘Umar ibn al-Khattab (RA). ‘Umar (RA) was one of the Rightly-Guided Caliphs, of whom the Prophet (ﷺ) said: “I urge you to adhere to my Sunnah and the way of the Rightly-Guided Caliphs after me; cling tightly to it.” So what he did was Sunnah but he said, “What a good innovation this is,” because it was an innovation in the linguistic sense, as they were doing something that they had not done during the life of the Messenger of Allah (ﷺ), i.e., gathering to do this, but it is Sunnah in the shar’i sense.” [Majmoo’ al-Fataawa (22/234-235)]

لمحدثات من الأمور ضربان: أحدهما ما أحدث مما يخالف كتابا أو سنة أو أثرا أو إجماعا، فهذه البدعة الضلالة، والثانية: ما أحدث من الخير لا خلاف فيه لواحد من هذا، وهذه محدثة غير مذمومة

 Al-Bayhaqi relates in Manaqib al-Shafi'i (1/469) with his isnad that Imam al-Shafi'i said: The newly-invented matters are of two types: The first of them is that which has been introduced from that which opposes [something from] the book, or [something from] the sunnah, or a narration, or [a matter of] consensus. This is the misguided innovation. And the second is that which has been introduced of goodness and there is no opposition to anyone of these things [qur'an, sunnah, athar, ijmaa']. This is the newly-invented matter which is not blameworthy. [Marifat al-Sunan wa al-Athar (4/408) No. 6634 and al-Madkhal ila al-Sunan al-Kubra (1/206) No. 253]

Ex. Umar (RA) went to the masjid, he heard people reciting salatul taraweeh.

They were arguing about whether to pray 12 or 8 rakat.

There was chaos in the masjid, people were praying different numbers of rakah.

Umar (RA) organized the Taraweeh under one Imam and made it 20 rakat.

This is one of the greatest achievements of Umar (RA) during his Caliphate.

The people said it was bidaah.
However, what Umar (RA) did was MASLAHA and not bidaah.

One man said it was biddah: Umar (RA) replied that it was a wonderful bidaah.
The Shia do not pray taraweeh in their temples.

They preach KUFR, SHIRK & ZANDAQA.

We do not call the shia place of worship a masjid, it is a temple.
We have million of hafith all over the world because they are preparing themselves every RAMADAN to lead the people in TARAWEEH.

When Uthman (RA) compiled the Quran in one dialect, what he did was maslaha.

This uprooted Fitna in the Muslim world in regards to the Quran.
When 70 hafith died at the battle of Yamaama, Umar (RA) approached Abu Bakr (RA) to compile the Quran in book form.

Abu Bakr (RA) finally agreed, this is another example of Maslaha.

The Maslaha that is legislated should be for the benefit of our six sacred things.

We have six sacred things: Whenever the maslaha is legislated it should be for one of the six sacred things.

THE SIX SACRED THINGS ARE ::: LIFE, WEALTH, HONOUR, INTELLECT, LINEAGE and YOUR DEEN

Ex. If you should buy a church in London and then you convert it into a masjid.

Ex. If you buy a cinema and you build a minaret on top of the cinema for people to realise that it is a masjid.

This is an example of maslaha, this Minaret that you built on top of the cinema comes under the category of Maslaha, because it benefits the Muslims.

Ex. Traffic lights:

The traffic light has become part and parcel of the Islamic Sharia
The traffic light is a part of the Shariah: Because it is used to preserve lives.
You cannot say it is bidaa.

You are not allowed to say you will not stop at the traffic lights.
It helps to preserve one of the six sacred things i.e. life

In the Islamic State if you jump the traffic light, you can be arrested.

The recompense of those who wage war against Allāh and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter. (Al-Ma'idah 5:33)

Ex. To chop off the heads of those who smuggle drugs into the Islamic State.
When a panel of Ulema pass legislation for the benefit of the public, they need to take into consideration the SIX SACRED things to use MASLAHA.
The scholars use 5:33 as their hujjah.

When you have drugs in the Islamic State you are going to have murder, prostitution and other illness.
It is only for A Class drugs; heroin, crack, cocaine, opium.
Not cannabis, it is a C class drug.

To chop off the head of those who smuggle drugs is maslaha.
Or to kill a prostitute, she will spread STDs into society.
She falls into the category of those who spread FASAD in the land
Ex. To kill an armed robber, it is maslaha.

When Ali (RA) killed the khawaarij at the battle of Nahruwaan.
He did it for the sake of Maslaha because the Khawaarij were killing the Muslims and leaving alone the Kuffar.
And they had a dodgy ideology and they were corrupting the ummah.

 'Abdur-Rahmaan Ibn Muhammad Ibn Habeeb Ibn Abee Habeeb on the authority of his father, on the authority of his grandfather [who] said: I witnessed Khaalid Ibn 'Abdullah Al-Qasree - and he addressed them at Waasit - "Oh People, make sacrifice, may Allah accept it from you. Verily I am sacrificing Al-Ja'd Ibn Dirham, for indeed he claims that Allah did not take Ibrahim as a khaleel (close friend), and [that] He did not speak to Moosa. Most Perfect is He and exalted is He from what Al-Ja'd says." Then he descended and slaughtered him. I say: And the Jahmiyyah and Mu'tazilah speak with this, and they distort the text of the revelation regarding that, and they claim that the Lord is purified of that (i.e. having spoken to Moses and taken Ibrahim as a khalil). [Mukhtasar al-Uluww of adh-Dhahabi, (p.134)]

Khaalid Ibn Abdullah Al Qasree (RA): Killed a man who said that Allah did not take Abraham as his friend, and Allah did not speak to Musa.

This was his Maslaha. He would have been held accountable on the Day of Judgement if he allowed the person to spread his false ideology.

We ahlul sunnah wa jamaah, are texualists and not rationalists who go along with the AQL.

You follow the text, you are a textualist; but the jahmiyyah use the aql, they are rationalists.

Even the stones of MAKKAH used to give SALAAMS to the Prophet (Saws) and the stones have no tongue.

You see how easy it is to refute them?

How can you say Allah cannot speak.

To kill the zanaadiqa is maslaha because they are corrupting the people.

ZINDEEQ = Singular, ZANAADIQA = plural

They are fitnah for the people, the jaahil Muslims will follow them.
To exterminate them is called Maslaha, in order to protect the DEEN of the Muslims.

WHAT IS THE SEVENTH SOURCE FOR THE APPLICATION OF REVELATION

SOURCE # 7 = ISTISHAAB = To presume that a scenario is continuous unless we have evidence to prove otherwise.

The presumption that the state of affair, which is known to exist, will continue to exist (until we have hard evidence to prove otherwise).
It can also be defined as the legal presumption of a state of affair that is known to exist, continues to exist until we have evidence to prove it has ceased to exist.

 [Legal presumption]

A crucial aspect of the Shariah which is used in the courthouse every day.

For ex. You are absolutely sure you made Wudu but are doubtful about breaking it, therefore according to Istishaab, you are still in a state of WUDU.
Ex. The water is pure: You have no evidence that any najis was dropped in the water, the water is still pure.

So where did the Ulema get this ruling of Istishaab from? They got it form the Prophet (ﷺ) himself.
Ex. Every man is innocent until proven guilty.

HADITH:

The burden to provide the evidence is on the claimant.

On the authority of Ibn Abbas (RA), that the Messenger of Allah (ﷺ) said: Were people to be given everything that they claimed, men would [unjustly] claim the wealth and lives of [other] people. But, the onus of proof is upon the claimant, and the taking of an oath is upon him who denies. A hasan hadith narrated by al-Baihaqee and others in this form, and part of it is in the two Saheehs.

This is another example of Istishaab. Since the burden to provide the evidence is on the man who is lodging the claim.

For Ex. A woman's husband left home to go for Jihad, and does not return for a period of 6 months.

She then goes to the courthouse and applies for permission to move on.

Ex. A Muslim goes off to fight Jihaad. - His wife didn't hear from him, she goes to a Qaadi and says she thinks he is dead. The Qaadi uses istihaab.

The Qadi tells her, you need to first provide me with HARD EVIDENCE to prove that he is dead.
Only then can you move on, distribute his property and remarry another man.

This is because we have courts that are SHARIA COURTS and not KANGROO COURTS.

She has to provide a death certificate or hard evidence that her husband is dead.
The burden to provide the proof is upon the claimant.

You cannot use 'dhan' = doubt.

We cannot use DHAN = DOUBT to make a verdict on a case in the courthouse. THIS IS HARAM.

We need HARD EVIDENCE. Because Allah said in the Quran that some DHAN is SIN
You cannot pronounce a man dead, or a man a thief etc.. on dhan = doubt or suspicion.

Allah (سُبْحَانَهُ وَتَعَالَىٰ) Said:

O you who believe! Avoid much suspicions, indeed some suspicions are sins.

(Al-Hujurat 49:12)

The Kaafirs in the West, they arrive at their verdicts based on hearsay. This is how evil they are.
The kuffar invaded Iraq, claiming Iraq had WMD.

They killed over a million innocent Muslims on the account of suspicion.

- HADITH:

عن ابن عباس رضي الله عنهما، قال: قال رسول الله صلى الله عليه وسلم: ادرءوا الحدود بالشبهات

Ibn Abbas (RA) narrated the Messenger of Allah (ﷺ) said: "Abandon the Hudood when there is doubt." [Musnad Abu Hanifa (Kitab al-Hudood) No. 4]

According to Sharia law it is better to let a man get away with adultery then to stone him for adultery that he did not commit.

Because the Prophet (ﷺ) said: "Abandon the Hudood when there is doubt."

Allah  (سُبْحَانَهُ وَتَعَالَىٰ) Said:

Certainly, conjecture can be of no avail against the truth. Surely, Allāh is All-Aware of what they do. (Yunus 10:36)

To prove to you that the Qaadi in the courthouse cannot pass verdicts based on dhan.
Suspicion can never replace the TRUTH. So do not take it to the SHARIA courthouse.
They are so evil in the west, they follow hearsay.

They killed a million Muslims based on dhan, (That Iraq had WMDs).
What if a woman is married and her husband went missing.
This is not an imaginary scenario. It took place at the time of the pious predecessors

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then she is free to marry."

Malik said, "If she marries after her idda is over, regardless of whether the new husband has consummated the marriage or not, her first husband has no means of access to her."

Malik said, "That is what is done among us and if her husband reaches her before she has remarried, he is more entitled to her." 

Malik said that he had seen people disapproving of someone who said that one of the people (of knowledge) attributed to Umar ibn al-Khattab that he said, "Her first husband chooses when he comes either her bride-price or his wife."

 Malik said, "I have heard that Umar ibn al-Khattab, speaking about a woman whose husband divorced her while he was absent from her, and then he took her back and the news of his taking her back had not reached her, while the news of his divorcing her had, and so she had married again, said, 'Her first husband who divorced her has no means of access to her whether or not the new husband has consummated the marriage.'"

Malik said, "This is what I like the best of what I heard about the missing man."[Muwatta Malik (1/635) No. 1653]

Her husband disappeared, she moved on. Then the first husband turned up.
Asking for his wife back, It was ruled that she had to stay with her second husband.

This is because the first husband could have contacted his wife

WHAT IS THE EIGHT SOURCE ~ USED BY THE ULEMA ~ FOR THE APPLICATION OF REVELATION

SOURCE # 8 = ISTIHSAAN, Usool ul Fiqh made easy

1) To deem/consider something appropriate.

Istihsaan is derived from the root word HASAN in Arabic. HASAN means good

2) To abandon a hujjah for a better hujjah.

3) For the Qadi to use his discretion.

Three definitions of Istihsaan.
In many FIQH books when they translate Istihsaan into English they use the word discretion.
If a scholar should go to a country, and he sees the people doing something he has never seen before.

He applies istihsaan.
If he considers it good, he applies the ruling of  istihsaan of their culture.
According to Shariah: Everything is halal until proven haraam.

This is because in SHARIA LAW everything is HALAL until proven HARAM

Allah  (سُبْحَانَهُ وَتَعَالَىٰ) Said:

Tā­Hā. We have not sent down the Qur'ān unto you (O Muhammad SAW) to cause you distress, (Ta-Ha 20:1-2)

THE KHAWAARIJ (puritans) on the other hand believe everything is HARAM until proven HALAL.
Their Fiqh is upside-down and around and becomes a burden on the Muslims.
Some scholars say: Istihsaan means to abandon the hujjah in favour for custom of the people, to benefit the people and make life easy on the people.

For Ex. The women demanded a meeting with SHAIKH in the Masjid with the condition that no men will be present. These women did not wear socks and exposed their ankles

According to the Hanbali Madhab, a women must cover her feet because a feet of a woman can turn on a man
In the Hanbali fiqh: The feet of the woman is awrah.

Shaikh was obliged whatever hujjah he had, in favour of their custom.
Shaikh had to use his discretion.
In order not to make the deen a burden of the people.

Since Shaikh was Hanbali, he was obliged to abandon his Hujjah about covering feet since they were MALIKI. He did this not to burden the people

Shaikh in South Africa:

The people were celebrating the Prophet's (ﷺ) birthday.
People there celebrate the Prophets (ﷺ) birthday.

Shaikh could not say they couldn't celebrate, it was his voice against 3000 people.
Shaikh had to abandon the Hujjah in favour of their custom in order to make life easy for the people.

There was no kufr and shirk in the celebration.
Shaikh gave them a speech on the 'Merits of the Prophet (ﷺ)'

Another example:

If you are a Muslim scholar you know that it is Haram to look at the private parts of people.

A Muslim gynaecologist approached the scholar saying that he has to look at the private parts of many women.
The Muslim scholar uses his discretion, consider the facts on the ground and then pass a Fatwa on the issue.

He will have to abandon the hujjah in favour of another hujjah which is better:
It is haram to look at the private parts of each other.

However, he will allow the male gynaecologists to continue his practice due to the lack of female's doctors in the city.

When the prophet (ﷺ) was sending Muadh Ibn Jabl (RA) to Yemen:

On the authority of Anas bin Malik: The Prophet ﷺ said, "Facilitate things to people (concerning religious matters), and do not make it hard for them and give them good tidings and do not make them run away (from Islam)." [al-Bukhari (6125) and Muslim (1734)]

This is istishaan another example:
According to the IJMAA of the SAHABAS if you do not pray you are a KAFIR.
You have a Muslim father who is rich and powerful, however he does not pray.
He only prays eid.
Instead he sits and drinks alcohol with his friends on the weekends.
His one and only daughter reaches puberty and she wants to get married.

She approaches a Muslim scholar, saying: "My father does not care for religion, can he be the wali to give me away?"
In this case the Muslim judge will use Istihsaan.

He will take everything into consideration:
If the father is replaced as wali, it will cause many problems.

According to the scholars a kaafir cannot be a wali, the hujjah is 4:141

Allah  (سُبْحَانَهُ وَتَعَالَىٰ) Said:

And never will Allāh grant to the disbelievers a way (to triumph) over the believers. (An-Nisa 4:141)

However, this man in question, is supposed to be a Muslim, however he does not pray.
His one and only daughter who is his pride and joy wants to get married.
If the daughter replaces her father as wali, it could cause blood-shed.

Because he is rich and powerful.
The Scholar is obliged to abandon the Hujjah and allow him to be the Wali in order to protect the peace.

Another example:

A man is a governor of a province, he is rich and powerful.
He has girlfriends and he doesn't pray.

Even when he prays, he puts his left hand over the right hand.
This man died: His family called an Imam to pray over him.

But if they repent, perform As-Salāt (Iqāmat-as-Salāt) and give Zakāt, then they are your brethren in religion. (At-Tawbah 9:11)

This is Hujjah that the one who does not pray is not a Muslim.
The Imam whose political power is weaker than the man who died, might open a can of worms if he refuses to pray over the father.
The Imam is obliged to abandon the hujjah: If the imam does not pray over this man there will be fitnah, his sons are rich and powerful.

They have political power, and the imam is weak.
The Imam abandons the Hujjah in favour of custom to make life easy and to avoid Fitna, this is called Istihsaan.

Imam Sha'afi (RA) does not agree with Istishaan:

He says, you are opening a pandoras box if you practise Istihsaan.

He said it is opening doors for people to fulfil their evil and corrupted desires.

How do we answer Imam Sha'fi (RA)?
How do we answer Imam Shafi'I (RA) who wrote an entire chapter in his book AL UMM to condemn Istihsaan
We say that the Prophet (ﷺ) said: Follow my sunnah and the sunnah of the rightly guided caliphs

HADITH:

 "I advise you all to fear Allaah and to listen to and obey (your leaders), even if he may be a slave from Habashah; For indeed, whoever from you is alive after I am gone will see many disputes and contradictions. You must therefore, stick to my Sunnah and the Sunnah of the Rightly-Guided Caliphs. [Related by Aboo Daawood (no. 4607) and by at-Tirmidhi (no. 2676)]

Umar Ibn Khattab (RA) used Istihsaan.

Cut off (from the wrist joint) the (right) hand of the thief, male or female, as a recompense for that which they committed, a punishment by way of example from Allāh. And Allāh is All­Powerful, All­Wise. (Al-Ma'idah 5:38)

This is hujjah to chop off the hands of the thief.

When Umar was Caliph he abandoned the chopping off the hands of thieves during a famine. This is called Istihsaan.

Even Umar who was the most rigid of the four Caliphs applied Istihsaan.