The Application of Revelation Part 4 (note)

 THE APPLICATION OF REVELATION

PART 4

The Revelation is QURAN and SUNNAH

It is incumbent on you to practise the revelation.

However, this requires knowledge of Usool al Fiqh.

Usool is the root of the matter.

You must be able to classify knowledge and understand what are, HARAM & HALAL, MAKROOH, and so forth.

Your knowledge needs to be classified and defined; MAKROOH, and what is FARD.

The whole purpose of usool is to help you be a Muslim.

The Aqeeda tells you whom to worship and the Fiqh tells you how to worship.

The Aqeeda tells you to worship Allah alone, without associating any partners with him.

When you establish Salah and recite Surah Fatihah in it, but before you start you must make your intention. This is part of Fiqh.

AQEEDA = WHO TO WORSHIP

FIQH = HOW TO WORSHIP

You cannot separate these two sciences of Islam.

The Aqeeda affects the Fiqh, so they are naturally inter-related.

When Mamoon was the Caliph, his Aqeeda was the Quran was created and beat people who did not accept his Aqeeda.

This is why he persecuted Imam Ahmad Ibn Hanbal (RA).

THE EXPLATION OF ISTIHSAAN CONTINUES

Istihsaan: is defined as a legal preference, i.e. to prefer one proof over the other; because of its superiority.

SOURCES OF APPLICATION OF REVELATION

 

THE EIGHT SOURCES --- ISTIHSAAN

Imam Shafi'i opposed Istihsaan, and he wrote a book called Al Umm, clarifying his views on the matter.

HE said it has not basis in the religion and is used it by people to fulfill their corrupt desires.

We refute Imam Shafi'i because Umar Ibn Khattab implemented Istihsaan.

He abandoned the Hujjah of cutting the hand of the thief during a famine in the holy land.   

He was the most rigid in implementing the Shariah, yet he used Istihsaan to abandon the Hujjah out of necessity.

Sharecropping is business agreement between the landowner and a farmer working on his land to share the produce form the land.

The landowner provides the tools, for his the land.

The Shariah does not allow him; because the farmer can be exploited.

However, if you take it to the Qadi, he will use Istihsaan and allow it in times of food shortage.

Infect he will allow it before a food shortage occurs in order to avert it.

By making it Haram in such circumstances, he would make it a burden on the community and cause a hardship.

Therefore the Qadi used Istihsaan and abandoned the Hujjah for a better Hujjah.

Another example of Istihsaan, a man finds his wife committing adultery with another man, and he ends up killing both his wife and the man.

If the case goes to a Shariah court, the Qadi will take the case and throw it out, telling the man to go home.

He will use his discretion and give a verdict of a crime out of passion.

However in Shariah; the life must be taken for another life, but in this case the Qadi abandons the hujjah for another Hujjah; this is Istihsaan.

Another example of Istihsaan, is a girl went to university, committed adultery and came home pregnant.

The father finds out and kills his own daughter; because she disgraced the honour of his family.

The Qadi will use his discretion in this case and let the father go home, because it was a crime of passion.

The father was only protecting his honour.

In Sharia law, a Muslim cannot be killed for a Kafir.

If a father killed his own child, you cannot kill him according to Sharia law. However, the killing must have done to protect his honour because of this law.

A Saudi girl will think twice before getting into prostitution, because she knows that the Qadi will let him go without trial.

According to Sharia law, a Muslim boy will think twice before becoming a gay, because if his father kills him or even his uncle there is nothing they can do about it.

Since a man is allowed to protect the honour of his Family.

WHAT IS THE NINTH SOURCE OF THE APPLICATION OF REVELATION

SOURCE # 9 - DAROORA; daroora means necessity knows no law.

Shaikh Bin Baaz, used this aspect of Usul al Fiqh to allow the Kafir troops into the Muslim lands.

He claimed that Saddam Hussein was a Kafir and Baathist who had a million man army and we had no other choice but to allow the Kafirs to help us.

Where did this principle of Daroora come from? Daroora has been permitted by ALLAH (سبحانه و تعالى‎.) and his messenger (ﷺ).

The Messenger (ﷺ) said Allah (سبحانه و تعالى‎.) has forgiven my Ummah for things they did by mistake, they are:

Ibn 'Abbas (RA) the Messenger of Allah (ﷺ) said: "Verily Allah has pardoned [or been lenient with] for me my Ummah: their mistakes, their forgetfulness, and that which they have been forced to do under duress." [Sunan Ibn Majah (3/200) No. 2045, al-Mu’jam al-Kabir al-Tabarani (11/133) No. 11274, al-Sunan al-Kubra al-Bayhaqi (7/584) No. 15094, Sunan al-Daraqutni (5/300) No. 4351]

The Messenger (ﷺ) said Allah (سبحانه و تعالى‎.) has forgiven my Ummah for things they did by mistake, for things they did due to forgetfulness and for things they did under duress.

Daroora can be translated as Duress in english.

This principle has been facilitated in the many verses in the Holy Quran.

An example of Daroora is, a Muslim is allowed to eat pork under duress.

Allah (سبحانه و تعالى‎.) said in the Quran Surah Al Baqarah verse: 173

He has forbidden you only the Maytatah (dead animals), and blood, and the flesh of swine, and that which is slaughtered as a sacrifice for others than Allah (or has been slaughtered for idols, etc., on which Allah's Name has not been mentioned while slaughtering). But if one is forced by necessity without wilful disobedience nor transgressing due limits, then there is no sin on him. Truly, Allah is Oft-Forgiving, Most Merciful. (Baqarah 2:173)

If you are on a journey and starving, then you are allowed to eat pork to keep yourself alive however, you must not fill your belly with it. 

The Ayah above clearly states that Pork is Haram, however, it is allowed only to save your life.

Allah (سبحانه و تعالى‎.) said in the Quran Surah Al Ma’idah Verse 3

But as for him who is forced by severe hunger, with no inclination to sin (such can eat these above-mentioned meats), then surely, Allāh is Oft­ Forgiving, Most Merciful. (Al-Ma'idah 5:3)

The concept of Darrora came from Allah (سبحانه و تعالى‎.) Himself.

According to Sharia law we have six sacred things.

When you are protecting one of these six sacred things, it is classified as DAROORA.

SIX SACRED THINGS = LIFE, WEALTH, HONOUR, INTELLECT, LINEAGE, and YOUR DEEN

Another example of Darrora is, in the time of the Rasool (ﷺ) Ammar Ibn Yasir (RA) apostate with his tongue, after the Kuffar murdered his parents and were torturing him.

Even though the punishment for apostasy is death, yet Ammar Ibn Yasir (RA) was not punished for what he said.

Allah (سبحانه و تعالى‎.) revealed an Ayah to classify Ammar Ibn Yasir's (RA) action as Daroora.

Whoever disbelieved in Allah after his belief, except him who is forced thereto and whose heart is at rest with Faith but such as open their breasts to disbelief, on them is wrath from Allah, and theirs will be a great torment. (An Nahl 16:106)

Therefore if a Kafir was to hold a gun on your head and forced you to say Muhammad (ﷺ) was a false prophet.

You will not be thrown out of the fold of Islam due to Daroora.

Another example is, praying behind a wicked leader.

Hajjaj ibn Yusuf ath-Thaqafi was a very evil ruler who came from Taif. He used to kill the Sahabas.

PRAYING BEHIND AN EVIL DOER AN OPEN SINNER?

Praise be to Allaah.

Firstly:

Shaving the beard in completely or in part is a sin, which is not permissible to do. The prayer of one who commits a sin such as shaving the beard and the like is valid if he does it as prescribed by Allaah, according to scholarly consensus.

The prayers of those who pray behind him, if he leads the prayer are also valid; according to the more correct of the two scholarly opinions.

Tuhfat al-Ikhwaan, p. 114, by Shaykh ‘Abd al-‘Azeez ibn Baaz.

The fact that his leading of the prayer is valid is indicated by the fact that the Sahaabah (may Allaah be pleased with them) prayed behind unjust leaders and ruler. ‘Abd-Allaah ibn ‘Umar and Anas (may Allaah be pleased with him) prayed behind al-Hajjaaj al-Thaqafi. Al-Shaafa’i said: And he – meaning al-Hajjaaj – was bad enough (as an evildoer).

Once this is established, there is no point in saying, “I will not pray behind this imam.” Rather you should pray behind him if not doing so will lead to evil consequences, division or conflict, because conflict is worse.

Shaykh Ibn Baaz (may Allaah have mercy on him) said: If by not praying behind him the worshipper will miss out on Jumu’ah and prayers in congregation, then no one does that except an innovator who is differing from the Sahaabah (may Allah be pleased with them). Similarly, if the imam has been appointed by those in authority and there is no shar’i purpose to be served by not praying behind him, then you should not refuse to pray behind him, rather it is better to pray behind him. {Majmoo’ Fataawa al-Shaykh Ibn Baaz, 9/388}

Al-Nawawi (may Allaah have mercy on him) said – concerning one who leads people in prayer when they do not like him: Our companions said:

His leading the prayer is makrooh if they dislike him because of something that is condemned in sharee’ah, such as an oppressive ruler or one who attains the position of imam by force and does not deserve it, or one who does not take precautions to avoid naajis (impure) things… If no such thing applies then it is not makrooh.

Then he said: When we say that it is makrooh that is limited to the imam; as for the members of the congregation who do not like him, it is not makrooh for them to pray behind him. {Al-Majmoo’, 4/172-173}

Secondly:

With regard to replacing him, if you are able to replace him with another imam who is more religiously committed and doing so will not result in a greater evil, then it is better to do that, otherwise it is better to leave him.

The evidence that an imam who commits sin openly should not be allowed to lead the prayers is to be found in the report narrated by Abu Dawood (481), which says that a man led some people in prayer and he spat in the qiblah (of the mosque) when the Messenger of Allah (ﷺ) was looking on.

The Messenger of Allah (ﷺ) said, when he had finished praying: “He should not lead you in prayer.” After that he wanted to lead them in prayer again, but they did not let him, and they told him what the Messenger of Allaah (peace and blessings of Allaah be upon him) had said. He mentioned that to the Messenger of Allaah (ﷺ) and he said: “Yes.” And I (the narrator) think that he said: “You have offended Allaah and His Messenger.” {Classed as hasan by al-Albaani in Saheeh Abi Dawood}

This is so long as preventing him from leading the prayers will not lead to a greater evil; if that is the case, then you should pray behind him, and it is not permissible to refrain from praying in congregation because of the evildoing of the imam, as stated above

Shaykh Ibn Baaz (may Allaah have mercy on him) said: If it is possible for a person to prevent a person who commits evil openly from leading the prayer then he has to do that; but if he has been appointed by someone else and it is not possible to stop him leading the prayers or it is only possible to stop him by means of a greater evil that is more harmful than the evil of the imam who commits evil openly, then it is not permissible to ward off a lesser evil by means of a greater one. Islam came to achieve and complete what is in people’s best interests and to wipe out and reduce evil as much as possible. {Majmoo’ Fataawa al-Shaykh Ibn Baaz, 9/377}

If you are unable to remove the evil leader, you are allowed to pray behind him, because you have no other choice and this is Daroora.

Therefore when you go to Makkah and Medina and pray behind the Imams, who were appointed by the Taghoot Saud, you Salah are VALID.

Walid continued in his non-Islamic way for the rest of his life. Once after Uthman had appointed him as the governor of Kufa, Walid led a congregational prayer in the morning and performed four Rakats in drunkan state and on the top of that, he turned around and asked the followers: “Shall I (lead) you more (Rakats)?”. (Al-Bidayah wal-Nihayah, Volume 7 page 155).

Whether the Imams of Makkah and Medina practise Al Wala Wal Bara, is not your business, you pray behind him out of Daroora because you don’t have the power to remove them from office.

Abdullah Ibn Masood (RA) prayed behind Walid Ibn Uqba, who was drunk, out of Daroora.

The scholars mentioned these things in their books, to prove to you that if you go to a Masjid, whose Imam is Evil, and you are unable to travel far to another Masjid.

Your salah is valid and the evil Imam's salah is not.

This is because they might kill you, because if you don't pray behind them you are making Takfeer on them.

Another example of Daroora, is living in Darul Harb, and taking out a loan to go to university to study medical science or engineering, you did not do Haram.

This is because you must educate yourself, and since you did not find any other source of finance, it is allowed to take the loan out of Daroora.

Education in the modern world is a necessity.

You cannot expect every Muslim to work as a Janitor.

Therefore if you take out a student loan, you did not do Haram, it is called Daroora.

Muslim brothers are unable to get married, because they have no education, therefore a low paying job, and therefore they cannot feed their wives.

It has been narrated by Abd al-Razak, Ibn Sa'd, Ibn Jarir, Ibn Abi Hatim, Ibn Mardawayh, al-Bayhaqi in his book "al- Dala-il," and it was corrected by al-Hakim in his book "al- Mustadrak" that: "The nonbelievers arrested `Ammar Ibn Yasir (RA) and (tortured him until) he (RA) uttered foul words about the Prophet (ﷺ), and praised their gods (idols); and when they released him (RA), he (RA) went straight to the Prophet (ﷺ).  The Prophet (ﷺ) said:” Is there something on your mind?"  `Ammar Ibn Yasir (RA) said: "Bad(news)! They would not release me until I defamed you (ﷺ &HF) and praised their gods!" 

The Prophet (ﷺ) said: "How do you find your heart to be?" `Ammar (RA) answered: "Comfortable with faith." So the Prophet (ﷺ) said: "Then if they come back for you, then do the same thing all over again."  Allah (SWT) at that moment revealed the verse: "except under compulsion, his heart remaining firm in faith...[16:106]"

According to Sharia law if you dont feed your wife, you lose your conjugal rites.

Another example of Daroora, is buying your first house on Mortgage because you could not find a Muslim bank to lend you the money.

You do not expect Muslims to live under a tree. 

Another example of Daroora is, your child is sick and needs an emergency operation.

The only way to help the child was to operate on the child, paying cash.

If you take a loan on interest due to your circumstances, because all the Muslims refuse to lend you money, you did not do Haram.

Remember - Necessity knows no Law

THE CONDITION FOR DAROORA TO TAKE EFFECT

CONDITION # 1 THE PERSON UNDER DAROORA (DURESS) SHOULD FEAR THE LOSS OF WEALTH, HIS LIFE OR FEARS SEVERE BODILY HARM

For example. Ammar Ibn Yasir (RA).

Ammar (RA) feared for his life because he feared for his life after the Kafir's murdered his parents.

CONDITION # 2 THE PERSON UNDER DURESS CANNOT BE SOMEONE WHO IS A LEADER AND HAS POWER, THE PERSON HAS TO BE WEAK AND HELPLESS.

Therefore Al-Saud does not have the facility of DAROORA however, they have opened up Riba banks in the Holy Land.

They claim they are doing it out of duress. However, according to Sharia, leaders cannot use Daroora.

The Saudi Salafis have succeeded in developing a new religion. Its called the religion of the kings. They are known as the MADHKHALI's.

These Madhkhali's consider you to be ignorant of your Deen and give you false excuses to promote and fortify their Shirk.

CONDITION # 3 THE DANGER AND HARM TO THE PERSON UNDER DURESS MUST BE IMMINENT.

Ammar Ibn Yasir's (RA) death was imminent and so Daroora applied to him; however, you cannot assume that there is going to be danger.

There has to be a sense of Immediacy.

CONDTION # 4 - THE QADI IN THE MUSLIM COURTHOUSE HAS TO THROW THE CASE OUT OF THE COURT AND CANNOT PUNISH THE VICTIM OF DAROORA.

CONDITION # 5 - IF YOUR CIRCUMSTANCES CHANGE THE DAROORA IS AUTOMATICALLY LIFTED

Therefore; you cannot continue to eat pork once you have something else available to eat.

Another example of Daroora is, to pay a bribe in Dar Ul Harb, in order to avert an act of oppression that is imminent.

Even though giving a bribe is Haram, out of Daroora you may do so in Darul Harb. However, you must then make Hijra from the country.

Another example of Daroora is, if you are in a country and a crime is committed, however the witnesses are not of good character.

Since the Muslim judge cannot find any other witnesses, then their testimony is accepted. However, they must not contradict each other under cross-examination.

Another example of Daroora is, you are sick and end up having a wet dream. You are allowed to make Tayammum instead of Ghusl.

HEAD CRACKED / TAYAMMUM / THEY KILL HIM / YOU HAVE KILLED HIM / MAY ALLAH KILL THEM

Narrated By Jabir: 'We set out on a journey. One of our people was hurt by a stone that injured his head. He then had a wet dream. He asked his fellow travellers: Do you find concession for me to perform tayammum? They said: We do not find any concession for you while you can use water. He took a bath and died. When we came to the Prophet (ﷺ), the incident was reported to him. He said: "They killed him, may Allah kill them! Could they not ask when they did not know? The cure of ignorance is inquiry. It was enough for him to perform tayammum and to pour some drops of water or to bind a bandage over the wound (the narrator Musa was doubtful); then he should have wiped over it and washed the rest of his body."' [Sunan Abu Dawood (1/93) No. 336, Sunan al-Daraqutni (1/349) No. 729, al-Sunan al-Kubra al-Bayhaqi (1/347) No. 1075]

If you are in the winter season and cannot find warm water to make Ghusl, you are allowed to make Ghusl.

Do not kill yourselves with a dodgy Fatwa. If you knowledge of Fiqh is weak, do not pass fatwas. It is very dangerous.

Another example of Daroora is, if Kafirs are killing Muslim children and the only way to make them stop killing our children is to kill their children, then that is permissible.

Verily, the number of months with Allah is twelve months (in a year), so was it ordained by Allah on the Day when He created the heavens and the earth; of them four are Sacred, (i.e. the 1st, the 7th, the 11th and the 12th months of the Islamic calendar). That is the right religion, so wrong not yourselves therein, and fight against the Mushrikun (polytheists, pagans, idolaters, disbelievers in the Oneness of Allah) collectively, as they fight against you collectively. But know that Allah is with those who are Al-Muttaqun (the pious - see V.2:2). (At-Tawbah 9:36)

We are supposed to fight the Mushrikeen until we dominate them. A life of a Muslim kid is more precious than the life of a Kafir kid.

If you cannot handle this Fatwa, you are a Hypocrite, because you love the Kafir kid more than the Muslim child.

Another example to Daroora is, the Mujahideen hijacking a plane of civilians in order to win the release of a Muslim. For example Moulana Masood Azhar.

If the Kafirs know that their lives will be in danger if they arrest Muslims, they will stop doing it when we apply Daroora.