A subject covered in series "Lessons on Islamic concept of Adab"

1. “ADAB IN APPRECIATING THE MADZAAHIB” “All who are non-Mujtahid, by default, is a Muqollid” LESSONS ON ISLAMIC ADAB By: Ustaz Zhulkeflee Hj Ismail 1 All Rights Reserved© Zhulkeflee2010

2. 2 وَمَا كَانَ ٱلۡمُؤۡمِنُونَ لِيَنفِرُواْ ڪَآفَّةً۬‌ۚ فَلَوۡلَا نَفَرَ مِن كُلِّ فِرۡقَةٍ۬ مِّنۡہُمۡ طَآٮِٕفَةٌ۬ لِّيَتَفَقَّهُواْ فِى ٱلدِّينِ وَلِيُنذِرُواْ قَوۡمَهُمۡ إِذَا رَجَعُوٓاْ إِلَيۡہِمۡ لَعَلَّهُمۡ يَحۡذَرُونَ All Rights Reserved© Zhulkeflee2010

3. 3 “Nor should the Believers all go forth together: if a contingent from every expedition remained behind, they could devote themselves to studies in religion (faqih fid-deen) and admonish the people when they return to them― that thus they (may learn) to guard themselves (against evil).” (Qur’an: Taubah: 9: 122) All Rights Reserved© Zhulkeflee2010

4. 4 فَسۡـَٔلُوٓاْ أَهۡلَ ٱلذِّكۡرِ إِن كُنتُمۡ لَا تَعۡلَمُونَ “... Ask from those who possess the Message (az-Zikr : the remembrance) in matters which you do not know.“ (Qur’an: al-Nahlu: 16: 43) All Rights Reserved© Zhulkeflee2010

5. 5 يَرۡفَعِ ٱللَّهُ ٱلَّذِينَ ءَامَنُواْ مِنكُمۡ وَٱلَّذِينَ أُوتُواْ ٱلۡعِلۡمَ دَرَجَـٰتٍ۬‌ۚ “Allah will raise up, to (suitable) ranks (and degrees), those of you who believe and who have been granted Knowledge:.“ (Qur’an: Mujadilah: 58: 11) All Rights Reserved© Zhulkeflee2010

6. 6 يَـٰٓأَيُّہَا ٱلَّذِينَ ءَامَنُوٓاْ أَطِيعُواْ ٱللَّهَ وَأَطِيعُواْ ٱلرَّسُولَ وَأُوْلِى ٱلۡأَمۡرِ مِنكُمۡ‌ۖ “O ye who believe! Obey Allah and obey the Messenger and those charged with authority from among you (ulil-’amri min-kum).” (Qur’an: An-Nisa’: 4: 59) All Rights Reserved© Zhulkeflee2010

7. 7 خُلَفَاءِي رَحِيْمَهُمُ اللهُ تَعَالَى قِيْلَ وَمَنْ خُلَفَاؤُكَ يَارَسُوْلَ الله ؟ قَالَ ، اَلَّذِيْنَ يُحْيُوْنَ سٌنَّتِىْ وَيُعَلِّمُوْنَهَ عِبَادَاللهِ تَعَالَى “(Honour) My successors, may Allah s.w.t. be Merciful towards them!.” He was asked: “Who are your successors O Messenger of Allah?” And he said: “They are those who revive my Sunnah and teaches them to the servants of Allah.” (Hadith of the Prophet s.a.w.) All Rights Reserved© Zhulkeflee2010

8. 8 وَمَن يُشَاقِقِ ٱلرَّسُولَ مِنۢ بَعۡدِ مَا تَبَيَّنَ لَهُ ٱلۡهُدَىٰ وَيَتَّبِعۡ غَيۡرَ سَبِيلِ ٱلۡمُؤۡمِنِينَ نُوَلِّهِۦ مَا تَوَلَّىٰ وَنُصۡلِهِۦ جَهَنَّمَ‌ۖ وَسَآءَتۡ مَصِيرًا “If anyone contends with the Messenger even after guidance has been plainly conveyed to him, and follows a path other than that becoming to men to Faith, We shall leave him in the path he has chosen, and land him in Hell, what an evil refuge.” (Qur’an: An-Nisa’: 4: 115) All Rights Reserved© Zhulkeflee2010

9. 9 وَكَذَٲلِكَ جَعَلۡنَـٰكُمۡ أُمَّةً۬ وَسَطً۬ا لِّتَڪُونُواْ شُہَدَآءَ عَلَى ٱلنَّاسِ “Thus have We made of you an Ummah justly balanced that ye might be witnesses over the nations .“ (Qur’an: Baqarah: 2: 143) وَلاَ تَجْتَمِعُ أُمَّتِيْ عَلَى الْخَطَإِ “My ummah (community) will never agree upon matters which are erroneous” (Hadith reported by Tirmidzi, Abu Dawud, Ibn Majah & Daruqutni) All Rights Reserved© Zhulkeflee2010

10. 10 فَإِن تَنَـٰزَعۡتُمۡ فِى شَىۡءٍ۬ فَرُدُّوهُ إِلَى ٱللَّهِ وَٱلرَّسُولِ إِن كُنتُمۡ تُؤۡمِنُونَ بِٱللَّهِ وَٱلۡيَوۡمِ ٱلۡأَخِرِ‌ۚ ذَٲلِكَ خَيۡرٌ۬ وَأَحۡسَنُ تَأۡوِيلاً “If ye differ in anything among yourselves, refer it to Allah and His Messenger * if ye do believe in Allah and the Last Day: that is best, and most suitable for final determination.” (Qur’an: An-Nisa’: 4: 59) * This is especially referring to the Islamic scholars and jurists, who are competent to refer back to these two primary sources – not just any one. The general Muslims can rely upon any of their juristic decisions by Taqlid. Differences amongst them, termed “khilafiyyah” are to be respected with Adab as becoming towards all our teachers and scholars (ulama’.) All Rights Reserved© Zhulkeflee2010

15. Religiously speaking, it refers to a jurist (faqih) “expending every possible effort to examine” the textual evidences, so as to arrive at a ruling of the Sacred Law. The point here is that “ijtihad is not just one of scholarly exertion, but of exhaustion.” Fathoming the intent of the Lawgiver, and inferring new rulings from the primary sources - is indeed a most arduous and demanding task not for just any or everyone - so as to reach a sound legal conclusion. 14 All Rights Reserved© Zhulkeflee2010

18. The well-known madzaahib that survived are : [1] Ja’fari – Imam Ja’far ibn Muhamad as-Sodiq [2] Maliki – Imam Malik bin Anas [3] Hanafi – Imam Abu Hanifah Nu’man ibn Tsabit [4] Shafi’e – Imam Muhammad Idris as-Shafi’e [5] Hanbali – Imam Ahmad bin Hanbal 16 All Rights Reserved© Zhulkeflee2010

20. Ibn Qudamah explicitly states: “As far as taqlid in the details of the Sacred Law (furu‘) is concerned, it is allowed by consensus (ijma’).” +17 * Al-Jami‘ li Ahkam al-Qur’an (Beirut: Dar al-Kutub al-‘Ilmiyyah), + Al-Rawdatu’l-Nazir wa Jannat al-Manazir (Riyadh: Maktabah al-Rushd), All Rights Reserved© Zhulkeflee2010

22. 19 فَقَالَ; كَيْفَ تَقْضِي؟ قَالَ ; اَقْضِيْ بِمَا فِيْ كِتَابِ الله ، قَالَ ; فَإِنْ لَمْ يَكُنْ فِيْ كِتَابِ الله؟ قَالَ ; فَبِسُنَّةِ رَسُوْلِ اللهِ ص.ع.س. قَالَ ; فَإِنْ لَمْ يَكُنْ فِيْ سُنَّةِ رَسُوْل الله؟ قَالَ; أَجْتَهِدْ رَأْيِي . قَالَ; اَلْحَمْدُ لِلَّهِ الَّذِيْ وَفَّقَ رَسُوْلَ رَسُوْلِ اللهِ ص.ع.س. All Rights Reserved© Zhulkeflee2010

23. 20 (When the Prophet s.a.w. was about to send Muadz ibn Jabal r.a. to Yemen) he said (to Muadz): “How would you judge (give religious decision for people)? “ He (Muadz) replied: “(I will judge) With what is in the Book of Allah”. Rasulullah then said: “What if you cannot find (any) in it?” Muadz replied: “(Then, I will judge) with the Sunnah of Rasulullah s.a.w.”. Rasulullah then said: “What if you cannot find in the Sunnah?” He replied :”( Then) I will make ‘ijtihad (exertion) with my reasoning.” (Then the Rasulullah s.a.w.) he said: “All praise be to Allah Who granted taufiq (success in this test) for the messenger of Allah’s messenger!”. (Hadith reported by Tirmidzi) All Rights Reserved© Zhulkeflee2010

24. 21 قُلْتُ; يَارَسُوْلَ اللهِ ، اْلأَمْرُ يَنْزِلُ بِنَا لَمْ يَنْزِلُ فِيْهِ قُرْآنٌ وَلَمْ تُمْضِ مِنْكَ فِيْهِ سُنَّةٌ ؟ قَالَ ; أَجْمِعُوا لَهُ الْعَالِمِيْنَ - اَوْ قَالَ; اَلْعَابِدِيْنَ مِنَ الْمُؤْمِنِيْنَ ، وَاجْعَلُوْهُ شُوْرَاى بَيْنَكُمْ وَلاَ تَقْضُوْا فِيْهِ بِرَأْيٍ وَاحِدٍ All Rights Reserved© Zhulkeflee2010

25. 22 “(‘Ali ibn Abi Talib r.a. said) “I asked: ‘O Messenger of Allah! (What are we to do when) matters come before us wherewith there is no (explicit) indication regarding them in the Qur’an nor in the Sunnah from you regarding them (regarding its ruling)?’ (The Prophet s.a.w.) he said: “You are to gather together the learned (‘ulama) amongst them” – or he may have said “The worshippers (‘abideen) from amongst the Believers” – “Convene with them shura (mutual consultations to derive a collective decision) in regard to religious rulings. Do not decide based upon (idea or knowledge of) only one (singular) person’s thought.” (Hadith reported by IbnuAbdil Barr) All Rights Reserved© Zhulkeflee2010

26. FURTHER UNDERSTANDING ABOUT “IJTIHAD ” AND “MUJTAHID ” “What are the requirement and necessary qualification for a Mujtahid ?” LESSONS ON ISLAMIC ADAB By: Ustaz Zhulkeflee Hj Ismail All Rights Reserved© Zhulkeflee2010

27. QUALIFICATION OF A MUJTAHID 24 IJTIHAD – literally means “an effort or an exercise to arrive at one’s own judgement” – technically it is used in regards to “the exertion by a (mujtahid) qualified Islamic scholar in (istinbat) extracting legal rulings from the primary sources.” All Rights Reserved© Zhulkeflee2010

37. CLASSIFICATION OF MUJTAHID 34 AL-MUJTAHID FI - AL-SHARI-’AH – These were those who did ijtihad in the matter of Shari’ah amongst the companions of the Prophet till the third century of Islam. (reference from “Shariah: The Islamic Law” by Abdur Rahman I. Doi) All Rights Reserved© Zhulkeflee2010

38. 35 CLASSIFICATION OF MUJTAHID AL-MUJTAHID FI - AL-MADZHAB – these are those who did ijtihad and later found schools of jurisprudence. There are today 5 surviving schools of Jurisprudence, viz. Ja’fari, Maliki, Hanafi, Shafi’ie and Hanbali (reference from “Shariah: The Islamic Law” by Abdur Rahman I. Doi) All Rights Reserved© Zhulkeflee2010

39. 36 CLASSIFICATION OF MUJTAHID AL-MUJTAHID FI - AL-MASA-IL – these are those who follow them (mujtahid fi-al-Madzhab) i.e. the present day mujtahids who give Fatwa (or Juristic opinions) on religious matters. (reference from “Shariah: The Islamic Law” by Abdur Rahman I. Doi) All Rights Reserved© Zhulkeflee2010

40. APPRECIATING SOME ASPECTS REGARDING SOURCES OF ISLAMIC JURISPRUDENCE 37 AL-QUR’AN The Revealed Book AS-SUNNAH The Way of the Prophet IJMA’ Consensus QIYAS Analogous deduction All Rights Reserved© Zhulkeflee2010

42. What follows are (secondary) generally falls under the method termed “ijtihad” that has many approaches, of priority is “ijma” and “Qiyas ”. Yet, there are more ....All Rights Reserved© Zhulkeflee2010

44. What follows are (secondary) generally falls under the method termed “ijtihad” that has many approaches, of priority is “ijma” and “Qiyas ”. Yet, there are more ....All Rights Reserved© Zhulkeflee2010

46. What follows are (secondary) generally falls under the method termed “ijtihad” that has many approaches, of priority is “ijma” and “Qiyas ”. Yet, there are more ....All Rights Reserved© Zhulkeflee2010

48. What follows are (secondary) generally falls under the method termed “ijtihad” that has many approaches, of priority is “ijma” and “Qiyas ”. Yet, there are more ....All Rights Reserved© Zhulkeflee2010

50. What follows are (secondary) generally falls under the method termed “ijtihad” that has many approaches, of priority is “ijma” and “Qiyas ”. Yet, there are more ....All Rights Reserved© Zhulkeflee2010

52. What follows are (secondary) generally falls under the method termed “ijtihad” that has many approaches, of priority is “ijma” and “Qiyas ”. Yet, there are more ....All Rights Reserved© Zhulkeflee2010

54. What follows are (secondary) generally falls under the method termed “ijtihad” that has many approaches, of priority is “ijma” and “Qiyas ”. Yet, there are more ....All Rights Reserved© Zhulkeflee2010

56. What follows are (secondary) generally falls under the method termed “ijtihad” that has many approaches, of priority is “ijma” and “Qiyas ”. Yet, there are more ....All Rights Reserved© Zhulkeflee2010

58. What follows are (secondary) generally falls under the method termed “ijtihad” that has many approaches, of priority is “ijma” and “Qiyas ”. Yet, there are more ....All Rights Reserved© Zhulkeflee2010

59. 47 إِذَا ضُيِّعَتِ اْلأَمَانَةُ فَانْتَظَرِ السَّاعَةَ قَالَ; كَيْفَ إِضَاعَتُهَا يَارَسُوْل الله ؟ قَالَ ; إِذَا أُسْنِدَ اْلأَمْرُ إِلَى غَيْرِ أَهْلِهِ فَانْتَظِرِ السَّعَةَ “When a trust is neglected, then wait for the time (of its destruction).” Somebody ask: ‘How shall this be neglected O Messenger of Allah?’ He the replied: “When a matter (affair) is given over, not to its rightful (legitimate) person, then wait for its time (of destruction).” (Hadith reported by Bukhary) All Rights Reserved© Zhulkeflee2010

60. 48 إِنَّ اللهَ لاَ يَقْبِضُ الْعِلْمَ اِنْتِزَاعًا يَنْتَزِعُهُ مِنَ النَّاسِ ، وَلَكِنْ يَقْبِضُ الْعِلْمَ يَقَبْضِ أَهْلِهِ ، حَتَّى إِذَا لَمْ يَبْقَ عَالِمًا اتَّخَذَ النَّاسُ رُؤُوسًا جُهَّالاً ، إَذَا سُءِلُوْا أَفْتَوْا بِغَيْرِ عِلْمِ ، فَضَلُّوا وَأَضَلُّوْا "Verily Allah does not remove knowledge from the (hearts of the) people, rather he takes away knowledge by taking away its people (the scholars), until there are no more scholars, the people then take leaders that are ignorant, and when they are asked, and give fatwas (they give) without knowledge, so they misguide and are misguided." (Hadith reported by Ashaab as-Sunnan from Ibnu ‘Umar r.a.) All Rights Reserved© Zhulkeflee2010

61. AN IMPORTANTCLARIFICATIONCONCERNING “TAQLID” “The learned and wise among Muslims must use constant vigilance in detecting erroneous usage in language which impinges upon semantic change in major key elements and creates general confusion and error in the understanding of Islam and of its worldview.” Prof. Syed Muhammad Naquib Al-Attas LESSONS ON ISLAMIC ADAB By: Ustaz Zhulkeflee Hj Ismail All Rights Reserved© Zhulkeflee2010

63. “Following Madzhab is Bid’ah (innovation) ! ”

64. “I want to follow only the Madzhab of the Prophet s.a.w. ! ”

65. “Don’t follow Madzhab, we must all follow only the Qur’an and Sunnah ! ”

66. “There is no priesthood in Islam, so why must we obey the ‘ulama’. After all each one of us can now easily access the Qur’an and Ahadith ! ”50 Allow me to respond and clarify ... All Rights Reserved© Zhulkeflee2010

68. Example - the KhulafaRashidun, IbnMas’ud, Mu’adz, Ibn ‘Abbas, Ibn ‘Umar, A’ishah, Umm Salamah, etc. They not only convey Ahadith, but also give “iftah” religious rulings on certain matters. This is where Madzhab has its beginnings – i.e. during the Prophet’s time – “MadzhabSahaby” (juristic opinions of the Companions). 51 All Rights Reserved© Zhulkeflee2010

70. It is only in matters of Aqeedah or in matters that outwardly opposes known principles and teachings of Islam, that “Taqlid “ (in the sense of following blindly) is Haram (forbidden) i.e. for those who can think and can verify.52 All Rights Reserved© Zhulkeflee2010

72. Yet, amongst the Companions of the Prophet, there are those whom he specifically pointed out to be referred by others, because these were acknowledged by him as competent scholars and teachers in the Prophet’s absence. So if by “madzhab “ we mean “school of thoughts in matters of juristic, Qur’anic interpretations”, then this is clearly already advocated by the Prophet s.a.w. himself during his life-time.53 All Rights Reserved© Zhulkeflee2010

74. Yes, there were already “ikhtilaaf ” (differences) in the opinions amongst them, but it was wisely tolerated by the Prophet s.a.w. himself even during that period, to teach us how we are supposed to regard differences of opinions with Adab, amongst the learned.

75. WaAllaahu a’lam.54 All Rights Reserved© Zhulkeflee2010

76. “ADAB IN APPRECIATING THE MADZAAHIB” “All who are non-Mujtahid, by default, is a Muqollid” LESSONS ON ISLAMIC ADAB By: Ustaz Zhulkeflee Hj Ismail 55 All Rights Reserved© Zhulkeflee2010

77. FOLLOWING “MADZAAHIB” “PARABLE OF THE RIVER AND ITS DISTRIBUTARIES MAIN RIVER SOURCE DISTRIBUTARIES DISTRIBUTARIES DISTRIBUTARIES DISTRIBUTARIES LESSONS ON ISLAMIC ADAB All Rights Reserved© Zhulkeflee2010

78. FOLLOWING “MADZAAHIB” “PARABLE OF THE RIVER AND ITS DISTRIBUTARIES All distributaries emanates from the main river source. The nearer it is to the source, the purer will be the water. None of the distributaries alone can claim to represent the entire main river, yet as long as they are connected to the main source, they are all part of the river system (no doubt). LESSONS ON ISLAMIC ADAB All Rights Reserved© Zhulkeflee2010

79. FOLLOWING “MADZAAHIB” “PARABLE OF THE RIVER AND ITS DISTRIBUTARIES It may even merge into one another. Or some may completely disappear from the earth’s surface. Or pure water from the sky may be added to it. Each distributaries could also be affected by the soil upon which it flows through, or impurities may have been thrown into them, or other pollutants inadvertently introduced as when irrigation or dam have to be constructed etc.. LESSONS ON ISLAMIC ADAB All Rights Reserved© Zhulkeflee2010

80. FOLLOWING “MADZAAHIB” “PARABLE OF THE RIVER AND ITS DISTRIBUTARIES Thus, the concern is for users of each distributaries to be cautious when drinking from it, lest it may become harmful, although one has to still drink from it- or else die from thirst. To deprive any one from the available water that they already can access to, with the excuse that it has become polluted is foolish, just as long as the stream they are drinking from, still contain the water which is from the main source. LESSONS ON ISLAMIC ADAB All Rights Reserved© Zhulkeflee2010

81. FOLLOWING “MADZAAHIB” “PARABLE OF THE RIVER AND ITS DISTRIBUTARIES Similarly foolish is to argue “my distributaries is better than your distributaries” when both actually possesses life-sustaining water (H2O). Those who have collected for themselves clean water may share them with others – but, it would be sheer arrogance to ‘incite’ common people who have always relied upon these distributaries for their sustenance, to abandon benefitting from the abundant flow of these streams, for the sake of ‘small insignificant cisterns and tanks’ being offered. LESSONS ON ISLAMIC ADAB All Rights Reserved© Zhulkeflee2010

82. FOLLOWING “MADZAAHIB” “PARABLE OF THE RIVER AND ITS DISTRIBUTARIES It is equally foolish, nay irresponsible, to confuse – or rather to “scare and confound”- the common people whose need for water does not necessarily require him to be expert chemists themselves – only for them to heed whatever advises of the medical experts amongst them as well as from the “water authority”. WaAllaahu a’lam. LESSONS ON ISLAMIC ADAB All Rights Reserved© Zhulkeflee2010

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