]THE APPLICATION OF REVELATION Part 5 [note]

(PART 5)

26 RAJAB 1434 - 5th June 2013

We are still on the Issue of DAROORA.

Daroora means necessity and necessity knows no law.

But if one is forced by necessity without willful disobedience nor transgressing due limits, then there is no sin on him. Truly, Allah is Oft-Forgiving, Most Merciful (Al-Baqarah 2:173)

For Example: If people got ship wrecked and killed a boy on board and ate him out; out of hunger, then he took the case to the Islamic court.

 “If one is in dire need and found a dead body of an animal, a swine, or of human, he might eat the dead animal because it as “Halal” (lawful or permissible), but not the body of a swine or a human”. There is a light prevention and a strong prevention, and these are the rules, such as one hates to have sexual relation with his sister, but can have a sexual relation with a foreigner because it is lawful for him. This is the condition for these rules. Eating the flesh of a human is not allowed. Yet the scholars Ahmad and Dawoud protested by saying that prophet Mohammad (ﷺ) said, “Breaking the bones of a dead body is like breaking the bones of a live body. Al-Shafie said, “One may eat the flesh of a human body.

It is not allowed to kill a Muslim nor a free non-Muslim under Muslim rule (because he is useful for the society), nor a prisoner because he belongs to other Muslims. But you may kill an enemy fighter or an adulterer and eat his body”. Dawoud slandered Al-Mozny by addressing Al-Mozny saying, “You allowed eating the flesh of the prophets”. Ibn Sharie responded also to Al-Mozny by saying, “You allowed killing the prophets and did not allow eating the flesh of the infidels”. Ibn Al-Araby said, “The proper thing for me is not to eat human flesh unless the person makes sure that this act saves him from starving to death and Allah knows best”. [Tafseer al-Qurtubi (2/229)]

The Qadi will judge the characters of the people involved, if the Qadi determines that their actions were completely out of character, he dismisses the case.

The Shafi'i (RA) Madhab agrees with the opinion of the Qadi in the case above.

Al Mozny and An-Nawawi were both Shafi'i (RA) scholars whereas Dawood Ad Dhahiree (RA) was the person who founded the Dhahiriyya Madhab.

The Maliki (RA) Madhab allows eating human flesh if it allows you to save yourself from death due to starvation.

Another example of Daroora is living in Darul Harb and being forced to subscribe to Car Insurance, even though car insurance is Haram.

Insurance is Haram because it is equal to gambling with your money in a Casino.

Darul harb is any country in which Shariah is not implemented and the leaders are against the DEEN.

What is the ruling on insuring a car? In case of an accident, the insurance company pays all repair fees instead of the other side.

Praise be to Allah.

This question was put to Prof. Dr. Sa’ood ibn ‘Abd-Allaah al-Fanaysaan, the former dean of the Faculty of Sharee’ah in the Imam Muhammad ibn Sa’ood Islamic University, and he replied: Car insurance is not permissible because it insures one against accidents involving others, and this kind of insurance comes under the heading of commercial insurance which is forbidden in sharee’ah, because it is based on uncertainty and consuming people’s wealth unlawfully. The fatwas of the majority of scholars in fiqh councils and fatwa organizations forbid commercial insurance as it exists today in most countries of the world, if it is optional and no one is obliged to purchase it.

But if it is compulsory insurance and one has no choice, then it is permissible to take out car insurance, for example, and the sin is on those who forced others to do it, based on the principle of “necessities which make forbidden things permissible”. But the person who is forced to take out car insurance, for example, should not take more than he paid, if the company compensates him for harm suffered, based on the principle of “necessity should be properly estimated (without exaggeration)”.

The Muslim should strive for the sake of his religious commitment and honor, and keep away from haraam things or that which may be haraam, as mentioned in the hadeeth narrated by al-Nu’maan ibn Basheer: “That which is halaal is clear and that which is haraam is clear, and between them are doubtful matters which many people do not understand. Whoever guards against the doubtful matters will protect his religious commitment from shortcomings and will protect his honor from slander, but whoever falls into that which is doubtful will fall into that which is haraam …” Narrated by al-Bukhaari (2051) and Muslim (1599). And Allah knows best. End quote.

Among the fatwas of scholars on the ruling on car insurance are the following:

1 –Fatwa by Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him), when he was asked: Recently there has appeared that which is known as insurance, for wealth, business and cars, and there are now companies which deal with this and insure cars in the sense that if the car is in an accident they will pay for its value and if people are killed as a result of the accident they will pay the diyah (blood money). What is your view, seeing that they describe the insurance as a kind of cooperation? What is your opinion; may Allah reward you with good?

He replied: According to what you have mentioned, we think that this is haraam, i.e., for the car owner to pay money each month or each year to this company, and the company will pay up if an accident happens with this car. We think that this is haraam, and that it is a kind of gambling, which Allah mentions alongside worshipping idols and drinking alcohol. Allah says (interpretation of the meaning): 

“O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al‑Ansaab (stone altars for sacrifices to idols etc) and Al‑Azlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s (Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful” [Al-Maa'idah 5:90]

The reason is that if this policy-holder pays five hundred riyals per month, then he will pay six thousand riyals per year, and perhaps he will have an accident in this year which incurs costs of twenty thousand riyals, or perhaps he will have no accident. If the former happens, i.e., an accident which incurs costs of twenty thousand riyals, then the policy holder who paid insurance will be a winner and the company will be a loser. But if the opposite happens and no accident takes place during the year, then the company will be the winner and the policy holder will be the loser.

This is the essence of gambling, so it is haraam and it is not permissible for a person to get involved in it. Do not be deceived by what people do because Allah, may He be blessed and exalted, says (interpretation of the meaning): “And if you obey most of those on the earth, they will mislead you far away from Allaah’s path” [Al-An’aam 6:116].

My advice to my brothers is to boycott this insurance. As for their saying that it is a kind of cooperation, this is as false as it can be. Can anyone who does not get involved in this insurance benefit from this organization? No he cannot, rather it is insurance which involves gambling. [End quote from Liqaa’aat al-Baab al-Maftooh (23/158)]

The reason it is gambling is because, in case you had an accident, they will fix your car, but if you don’t then they keep your money.

Insurance is an organized form of State sponsored extortion of the masses. This makes them guilty of sin and not the person who is forced to take it.

However, you must try your best to take the lowest form of car insurance since the Kuffar are forcing you to buy the insurance.

The Kuffar are so evil, their aim is to bleed you of all your hard earned money.

Please note you are not allowed to become a law enforcement officer in a non-Islamic state, because you are enforcing the law of Dajjal.

The only time you are allowed to become a law enforcement officer is when you are enforcing the Shariah in an Islamic State. Insha’Allah

Life insurance is Haram and cannot fall into the category of Daroora. People end up killing their spouses to get the Insurance benefit from their death

WHAT IS THE TENTH SOURCE THE ULEMA USE FOR THE APPLICATION OF REVELATION

SOURCE # 10 = MAFHOOM

Mafhoom can be defined as understanding the apparent meaning.

It is Haram for a Scholar to pass a Fatwa unless he is competent in two matters. He must understand:

1. FIQH AN NASS and

2. FIQH AL WAQIYA

Fiqh an Nass = What is issued in the book.

Fiqh al Waqiya = Understanding the current event on the ground.

Ibn al-Qayyim (rh) said: The mufti or judge is not able to issue a fatwa or verdict without understanding two things: (1) Understanding and having a good grasp of reality: he should have a good understanding of what is happening, on the basis of circumstantial evidence and other signs, so that he has a full understanding of it. (2) Understanding what is required in the light of these circumstances, which means understanding the ruling of Allah that He issued in His book or on the lips of His Messenger concerning this reality, then he should apply the one to the other. [I‘laam al-Muwaqqi‘een, (1/87)]

Shaikh in Jamaica and cannot understand the Fiqh Al Waqiya (Current Events) of other countries.

It is Haram for him to pass a Fatwa if he does not have all the information. The same applies to spousal disputes.

It is better for you to go to a local shaikh, and get advised to help you in such matters.

Fiqh al Waqiya = Understanding the current event on the ground.

The scholar must have a mastery of the Arabic language in order to pass a Fatwa.

For example many people think it is Haram to wear your trousers below your ankle, but in fact the Prophet (ﷺ) was speaking about Izaar, which is the waist wrap-around.

The person who is weak in the Arabic language will not be able to understand what is implied by the text and what the apparent meaning of the text is.

You cannot take your DEEN from a person who is not firmly grounded in the Arabic language.

Another matter that a person must understand before passing a Fatwa are the causes of revelation (ASBAAB AN NUZOOL).

And to Allah belong the east and the west, so wherever you turn yourselves or your faces there is the Face of Allah (and He is High above, over His Throne). Surely! Allah is All-Sufficient for His creatures' needs, All-Knowing (Al-Baqarah 2:115)

Once a scholar of ASWJ debated with a goofy Sufi who claimed Allah (سبحانه و تعالى‎.) is everywhere and he brought the above Ayah as his Hujjah.

Unfortunately the Sufi does not know why Allah (سبحانه و تعالى‎.) sent the Ayah down

The Ayah was sent down because a group of Sahaba made Ijtihad to pray in the direction of the Qibla without being 100% sure.

When they asked the Prophet (ﷺ) if their Salah was valid, the Ayah was sent down.

Abu Haneefah (rh) said, when asked of his opinion of the one who says, ‘I do not know whether Allah is above the heavens or on the earth.’ - “He has disbelieved, because Allah says, “The Most Merciful rose above the Throne,” and His Throne is above His seven heavens.’ He was then asked, ‘what if he said that Allah is above His Throne but he does not know whether the Throne is in the heavens or on the earth?’ He said, ‘He has disbelieved, because He has denied that He is above the heavens, And whosoever denied that He is above the heavens has disbelieved.”

(‘Sharh Usul I'tiqaad Ahlus Sunnah’ of al-Laalikaaee (d.414AH), ‘al-Uluww’ of adh- Dhahabee, also ‘Sharh Aqueedah at-Tahaawiyyah’ of ibn Abee al-Izz al-Hanafee)

However, the goofy Sufi is astray and Abu Hanifa (RA) made Takfeer on people who claimed Allah is everywhere.

In order for a Scholar to understand the Mafhoom, he needs to know Asbaab Al Nuzool.

Another sauce the Mufti needs to understand the Mafhoom is correctly AN NAASIKH WAL MANSOOKH. 

These are the abrogated verses in the Quran

On the authority of Abu Abdur Rahman as-Sullami, who said: 'Ali (RA) entered upon a Qadi (judge) and asked him: "Do you know the abrogated evidences (i.e. an-Naasikh wal mansookh)?" The man said: "No." Ali said to him: "You are destroyed and you are seeking to destroy others."'

[Al-Sunan al-Kubra al-Bayhaqi (10/200-201) No. 20360, Musannaf Ibn Abi Shaybah (5/290) No. 26192, Musannaf Abdur Razzaq (3/220) No. 5407]

The verse LAKUM DEENUKUM WA LIYA DEEN is ABROGATED by THE VERSE OF THE SWORD

We do not say to the Kuffar you to your way and we to our way.

Then when the Sacred Months (the Ist, 7th, 11th, and 12th months of the Islamic calendar) have passed, then kill the Mushrikûn (see V.2:105) wherever you find them, and capture them and besiege them, and prepare for them each and every ambush. But if they repent and perform As-Salat (Iqamat-as-Salat), and give Zakat, then leave their way free. Verily, Allah is Oft-Forgiving, Most Merciful. (At-Tawbah 9:5)

Allah (سبحانه و تعالى‎.) has commanded us to fight them till there is no Fitna.

And fight them until there is no more Fitnah (disbelief and polytheism: i.e. worshipping others besides Allah) and the religion (worship) will all be for Allah Alone [in the whole of the world []]. But if they cease (worshipping others besides Allah), then certainly, Allah is All-Seer of what they do. (Al-Anfal 8:39)

The Fitna means Shirk. The biggest shirk is to dismantle the Shariah, Shirk al Haakimiyya.

And those of your women, who commit illegal sexual intercourse, take the evidence of four witnesses from amongst you against them; and if they testify, confine them (i.e. women) to houses until death comes to them or Allah ordains for them some (other) way. (An-Nisa 4:15)

Four witnesses need to see a man and woman committing adultery or else they cannot be witnesses to the crime.

"To you be your religion, and to me my religion (Islamic Monotheism)." (Al-Kafirun 109:6)

The woman and the man guilty of illegal sexual intercourse, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allah, if you believe in Allah and the Last Day. And let a party of the believers witness their punishment. (This punishment is for unmarried persons guilty of the above crime but if married persons commit it, the punishment is to stone them to death, according to Allah’s Law). (An-Nur 24:2)

The above verse is abrogated, we no longer put them under house arrest, and instead we give them 100 lashes.

O you who believe! Approach not As ­Salat (the prayer) when you are in a drunken state until you know (the meaning) of what you utter  (An-Nisa 4:43)

Putting them under house arrest was enforced in the early days of Islam.

When the verse about not praying in an intoxicated state came down the Sahaba were still drinking because Allah did not say don’t drink?   

O you who believe! Intoxicants (all kinds of alcoholic drinks), gambling, Al ­Ansab, and Al ­Azlam (arrows for seeking luck or decision) are an abomination of Shaitan's (Satan) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful. (Al-Ma'idah 5:90)

However the above verse made intoxication completely Haram and abrogated the one about not praying while intoxicated.

A person who is a Munafiq will say to you, no abrogation took place in the Quran at any time.

They say every verse is applicable at all times. Therefore these people think as long as they are not intoxicated when they come to Salah, they can drink.

Whatever a Verse (revelation) do We abrogate or cause to be forgotten, We bring a better one or similar to it. Know you not that Allah is able to do all things? (Al-Baqarah 2:106)

The Ayah above is the knock-out punch to their Munafiq ideology.

When Ali (RA) found a man in the masjid passing Fatwa’s without the knowledge of An Naasikh Wal Mansookh, he said to him, you are destroyed and are going to destroy everyone else. Ali barred him from passing Fatwa.

Another science a Scholar needs to know before he can pass a Fatwa is ASBAAS WUROOD AL HADITH.

Abdullah Ibn 'Amr Ibn al-'Aas said: "We were with the Prophet ﷺ when a youth came and said: 'May I kiss (my wife) while I am fasting?' He (the Prophet) said: "No". Then an old man came and said: 'May I kiss (my wife) while I am fasting?' He said: "Yes". So we began looking at one another, so Allah's Messenger said: "The old man is able to control himself". [Musnad Ahmad (2/220) No. 7054, Sunan Abu Dawud (2/312) No. 2387]

Asbaab Wurood Al Hadith refers to Who the Prophet (ﷺ) was talking to when he made a statement.

The Prophet (ﷺ) was using Hikmaah and he advised different people with different solutions.

 On the authority of Abu al-’Abbas Sahl bin Sa’ad as-Sa’idee (RA) who said: A man came to the Prophet (ﷺ) and said, "O Messenger of Allah, direct me to an act which, if I do it, [will cause] Allah to love me and the people to love me." So he (ﷺ) said, "Renounce the world and Allah will love you, and renounce what the people possess and the people will love you." [A hasan hadith related by Ibn Majah and others with good chains of authorities]

The Prophet (ﷺ) told a man who had anger management problem, not to get angry. He advised another man to renounce the world and Allah will love you.

The Prophet (ﷺ) advised people according to their relative problems

When Ali (RA) was Caliph, he did not dismantle the Shariah, and when Ibn Abbas (RA) made the statement Kufr Duna Kufr, he was talking to the Khawaarij who were making Takfeer on the Muslims for minor sins.

Today the Munafiqs use Kufr Duna Kufr as their excuse to dismantle the Shariah, even though it does not apply to the Shariah but to the Fitna in the time of Ali (RA).

A man who drinks is not a Kafir, he is a Faasiq. He is still our Muslim brother in the Dunya and on the Day of Judgment, you will be judged by Allah.

 Verily, Allah forgives not that partners should be set up with him in worship, but He forgives except that (anything else) to whom He pleases (An-Nisa 4:48)

This is our Aqeeda with regards to the sinners. We do not make Takfeer on someone unless they commit Major Shirkh.

In order for the Scholar to understand the text he must also know the AAM AND KHAAS.

Aam and Khaas refers to what is general and what is specific.

The evidence is applied by the generality of the text, not by a specific occasion.

For example the Prophet (ﷺ) was eating from the same plate as Umar Ibn Salama (RA) whose hand was all over the plate.

Narrated By 'Umar bin Abi Salama: I was a boy under the care of Allah's Apostle and my hand used to go around the dish while I was eating. So Allah's Apostle said to me, 'O boy! Mention the Name of Allah and eat with your right hand, and eat of the dish what is nearer to you." Since then I have applied those instructions when eating. [Bukhari #5061 & Muslim #2022]

The Prophet (ﷺ) corrected him by telling him to say Bismillah, eat with your right hand and eat from the side of the plate that is nearest to you.

Umm Salama (RAA) was the mother of Umar ibn Salama (RA), who turned the proposal of both Abu Bakr (RA) and Umar (RA).

So if a girl rejects your proposal, you should get over it in five minutes because both Abu Bakr (RA) and Umar (RA) were rejected and they were better than you.

Umm Salama (RA) however, accepted the proposal of the Prophet (ﷺ)

Even though the Prophet (ﷺ) gave three instructions to Umar Ibn Salama who was one boy, those instructions are applicable on all Muslims.

According to Usool A Fiqh, the evidence is applied by the generality of the text and not by the specific occasion.

A skillful Mufti, will read the text and decipher if the Hadith was general, or specific for a person or even more specific to the Prophet (ﷺ).

Umm Salama (RA) was a very wise women and a great advisor to the Prophet (ﷺ) and the members of the Prophet’s (ﷺ) family.

She told Hussein Ibn Alu not to go to Iraq and she old Aisha bint Abu Bakr let the men sort out the problem between them and Ali (RA).

Another science a Mufti must understand in order to exercise the Mafhoom, is the MUTLAQ and MUQAYYID.

Mutlaq refers to the text being unrestricted and Muqayyid refers to the text being restricted.

If we say A BOOK, it means any book, the is MUTLAQ.

If you say don’t let a Kafir touch THE BOOK (the Quran), this is Muqaayid, because the word THE has restricted the text.

The word THE is an extremely important word, it differentiates the general from the specific.

The Anglican church does not agree with Prince Charles who want to drop the word THE, from their title of DEFENDER OF THE FAITH.

He rather just be DEFENDER OF FAITH. Therefore making his status unrestricted to all faiths,

Narrated Muawiya: I heard the Prophet (ﷺ) saying, "If Allah wants to do good to a person, He makes him comprehend the religion. I am just a distributor, but the grant is from Allah. (And remember) that this nation (true Muslims) will keep on following Allah's teachings strictly and they will not be harmed by any one going on a different path till Allah's order (Day of Judgment) is established." [Al-Bukhari (71) and Muslim (1037)]

On the authority of Abu Sa’eed al-Khudree (RA) who said: I heard the Messenger of Allah (ﷺ) say, “Whosoever of you sees an evil, let him change it with his hand; and if he is not able to do so, then [let him change it] with his tongue; and if he is not able to do so, then with his heart — and that is the weakest of faith.”

[Sahih Muslim (1/69) No. 49, Musnad Ahmad (3/10) No. 11088, Sunan Ibn Majah (5/145) No. 4013, Sunan Tirmidhi (4/469) No. 2172, Sunan Abu Dawud (1/296) No. 1140, Sunan al-Nasa'i (8/112) No. 5009] 

An example of Mutlaq or unrestricted text is the above Hadith which states everyman must enjoin the right and forbid the wrong.

You cannot say, I am a barber and so enjoining the good and forbidding the wrong is the job of the Shaikhs.

If you do not practice enjoining the good and forbidding the wrong, when you have the power to do so, it makes you a Kafir.

Another source the Mufti must understand with regards to Mafhoom (understanding the apparent meaning) is MAFHOOM MUKHAALAFA.

Mafhoom Mukhaalafa can be defined as understanding the opposite meaning of the text.

An example of Mafhoom Mukhaalafa, is when the Prophet (ﷺ) said if you remove a harmful thing from the road you get Barakah, therefore based on Mafhoom Mukhaalafa, if you deliberately put something on the road that is harmful, you committed a sin and gained the wrath of Allah (SWT).  

Narrated Muawiya: I heard the Prophet (ﷺ) saying, "If Allah wants to do good to a person, He makes him comprehend the religion. I am just a distributor, but the grant is from Allah. (And remember) that this nation (true Muslims) will keep on following Allah's teachings strictly and they will not be harmed by any one going on a different path till Allah's order (Day of Judgment) is established." [Al-Bukhari (71) and Muslim (1037)]

Ibn Hajr al-Asqalani says (in his commentary on Sahih al-Bukhari): "The mafhoom (understanding) of the hadith is that whoever does not gain understanding in the religion, meaning the Qawaaid (principles) of Islam and what relates to them from the Furoo' (laws), then surely khair (good) has been prohibited from him. Also, Abu Ya'laa relates the hadith of Mua'wiyah from a weak narration which has added to it at the end, "...and whoever does not gain understanding in the religion then Allah has no concern for him." The meaning of the hadith is sahih (sound) because whoever does not know the affairs of his religion and is not a faqih or a student of fiqh, then it is appropriate to attribute to such a person that khair (good) is not wanted for him/her." [Fath al-Bari (1/165)]

Ibn Hajar al Asqalani, gave us another example of Mafhoom Mukhaalafa, i.e. if Allah (سبحانه و تعالى‎.) wants good for you, he will make you understand the Deen.

Therefore based on Mafhoom Mukhaalafa, when Allah does not want any good for, He does not make you understand the DEEN and you walk around with a dodgy Aqeeda

Those who walk around saying, to Dismantle the Shariah is a minor Kufr, or Allah (سبحانه و تعالى‎.) is everywhere or the Prophet (ﷺ) is still alive in his grave, or Democracy is Islam, are all low life scum’s of the Earth, and Allah does not want any good for them.

Where did we get the understanding of Mafhoom Mukhaalafa?

The Prophet (ﷺ) himself taught us about Mafhoom Mukhaalafa

The Prophet (ﷺ) said when you go to bed with your wife you get Barakah. Therefore a man with a higher Libido gets more Barakah

The Sahabas were confused about this and asked the Prophet (ﷺ) about his statement.

He (ﷺ) said to them, what if he went to bed with a women who is not married to him, will he then, not be sinning.