Principles of Islam by Mufti Dr. Abdul Wahid

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Courtesy of www.pdfbooksfree.pk
Allaah, “Islaami Aqaaid (belief) will be next. Allaah reward Moulana Rafiq
COMMENT: Abdul Majeed, Director of Zam Zam Publishers for making this work
available to the English market.
All Praise is due to Allaah, our Creator, Nourisher and Provider. Peace and
Blessings be upon all the Ambiyaa (A.S.) and upon the last and final Rasul Any suggestion or comments on the translation are most welcomed.
(Messenger) - Muhammad (S.A.W.). Peace and blessings upon his A. H. Elias (Mufti )
companions who accepted and propagated DEEN (religion) to the entire
world.
The book “Principles of Deen” has 12 chapters, explaining:

1.) Wahy ;
2.) Principles of Tafseer ;
3.) Principles of Hadith ;
4.) Consensus of the Ummat (Ijma) ;
5.) Qiyaas ;
6.) What is Fiqh ;
7.) Principles of Fiqh ;
8.) Essentials of Fiqh ;
9.) Principles of Ijtihaad ;
10.) Principles of Taqleed ;
11.) Principles of Sunant and Bidaat and
12.) Principles of Imaan and Kufr.
Information in this book, because of its close link to classically written text
will be new to many readers.
Thus I suggest one reads, studies and seeks further explanation from
Ulema. In fact, it is an ideal text book for advanced adult classes in any part
of the world.
The contents, if understood, will definitely create a better rapport, link and
bridge between the lay Muslims and the Ulema –e – Haqq. Dr. Mufti Abdul
Wahid, Mufti of Jamia Madina Lahore, Pakistaan, has written many other
works which are compiled in syllabus form. These are taught in numerous
Masaajids in Pakistaan.
Allaah willing we will endeavour to translate that entire syllabus for the
benefit of the English world. “Principles of Deen” is the first phase. Insha-
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THE PRINCIPLES (USOOL) OF DEEN “On that Day (Qiyaamah), it (the earth) will divulge its information,
because indeed your Rabb has inspired (instructed) it.”
CHAPTER ONE – DISCUSSION ON WAHI
Allaah Taàla says regarding the bee, “Your Rabb has inspired the bee to
Dictionary meaning construct homes in the mountains.”
The literal and dictionary meaning of wahi would be - secret notification. Allaah Taàla mentions regarding the Disciples of Hadhrat Isaa (alaihi
However Allamah Ibn Qayyim (rahmatullahi alaihi) has included an extra salaam), “And when I inspired the Helpers (of Hadhrat Isaa – alaihi
condition to this definition, he says it means – a swift secret notification. salaam), that they believe in Me and My Rasool.” [Surah Maaìdah, 111]
Imaam Raaghib (rahmatullahi alaihi) writes in Mufradaat, “Wahi is a swift
notification which is executed secretly.” From this we ascertain that Allaah Taàla states regarding the mother of Hadhrat Moosa (alaihi
according to the dictionary definition, wahi comprises three different salaam), “And We inspired the mother of Moosa, that she breastfeed him.”
things: [Surah Qasas, 7]
1. Notification – that is, where a lengthy thing is summarized and This type of wahi is not confined and special to Allaah Taàla alone, in
abridged. A notification is sometimes given by the tongue, sometimes with fact, it can emanate from humans, even kuffaar and shaitaan. In this regard,
a finger or gesture of the hand, and sometimes by a hint. Allaah Taàla says regarding Hadhrat Zakariyyah (alaihi salaam), “Thus he
indicated to them to engage in Tasbeeh morning and evening.” [Surah
It is as though wahi is an indication; such an abridged indication which Maryam, 11]
points out to, and indicates towards something which is very detailed. The
mind and intellect of the Prophets are so lofty and advanced that they Regarding the kuffaar and Mushrikeen, Allaah Taàla says, “Some of them
immediately understand and comprehend the deep meanings of what is inspire the others with evil words of rebellion.” [Surah Anàam, 112]
being revealed to them.
Allaah Taàla says regarding shaitaan, “Indeed the shayaateen inspire their
2. The second thing is speed – that is, revelation is executed in a speedy companions/friends.” [Surah Anàam, 112]
manner.
The Sharì meaning of wahi
3. The third part is secrecy – that is, this revelation is executed in such
secrecy that no one else is aware of what is being revealed at the time of Haafiz Badruddeen Aini (rahmatullahi alaihi) states the Sharì meaning of
revelation. wahi to be, “The Divinely revealed Words of Allaah upon a Nabi from the
Ambiyaa (alaihimus salaam).”
The usage of wahi with regard to its lexicographic definition
The Quràan Majeed is also regarded as wahi, according to the Sharì
The term wahi is very vast and general insofar as its dictionary definition is definition
concerned. It is mentioned in the Quràan Majeed, regarding the rights of
earth, 1. “We narrate to you the best of parables in this Quràan which
We have revealed unto you.” [Surah Yusuf, 3]
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2. “Recite that which has been revealed unto you from the Kitaab The third type: sending a messenger
of your Rabb.” [Surah Kahaf, 27]
In this type, Allaah Taàla conveys His Speech via the agency of Hadhrat
The different types and ways of divine revelation upon a prophet Jibraeel (alaihi salaam).
The different types of wahi are established from the under-mentioned At times, Hadhrat Jibraeel (alaihi salaam) used to come to Nabi (sallallahu
Aayat. This Aayat was revealed in reply to a question posed by the kuffaar alaihi wasallam) in the form of a man and convey the wahi and at times he
and Mushrikeen. They used to ask, “Why does Allaah not speak to us?” would come in his original form and imbibe the Speech of Allaah Taàla
This Aayat was revealed in reply to them, “It is not possible for any man into the soul of Nabi (sallallahu alaihi wasallam).
that Allaah speaks to him, except by (means of) wahi, or from behind a
screen or that He sends a messenger, who reveals with His permission to The Sharì connotation of wahi is specific to the Ambiyaa (alaihimus
whomever He desires.” [Surah Shuraa, 5] salaam)
This Aayat illustrates three different types of revelation. Allaah Taàla addresses Nabi (sallallahu alaihi wasallam), saying, “Indeed
We send wahi to you just as We sent wahi to Nooh, and the Prophets after
The first type: Inspiration him and We sent wahi to Ebrahim, Ismail, Is`haaq, Ya`qub, the prophets of
the Bani Israeel, Isaa, Ayyub, Yunus, Haroon, and Sulaiman, and We gave
It is achieved in this way that the soul of the recipient of the wahi is drawn Dawood the Zaboor.” [Surah Nisaa, 163]
from his body towards a sacred sphere. That is, it is overcome. Then the
Speech of Allaah Taàla is imbibed into this soul. There is no intermediary This Aayat of the Quràan Majeed is a concise and comprehensive one,
of an angel etc. used in this. Not even any sensory perception of the which establishes that wahi is specific for the Ambiyaa (alaihimus salaam).
recipient of the wahi, like his hearing. In fact, this Speech of Allaah Taàla From the era of Hadhrat Nooh (alaihi salaam), who was the first prophet
is imbibed into the soul of the recipient at once and it is immediately sent to a kaafir nation, upto Nabi (sallallahu alaihi wasallam), all the
understood and perceived by him. Ambiyaa (alaihimus salaam) received wahi.
The second type: From behind a screen There are two types of wahi-e-Nubuwwat
Here also there is no intermediary of any angel. However, the auditory Wahi-e-Nubuwwat is of two types:
sense of the recipient of the wahi comes into play. He hears the Speech of
Allaah Taàla in an unconventional way, i.e. the sound does not come from 1. Wahi-e-Kitaabi – that is, the wahi which is included in the
any particular direction, place or time. “From behind a screen” means that verses of the Divine Scripture. This is also known as wahi-e-
the recipient of the wahi only hears the Words in his ears, and he has this matloo (i.e. the one which is recited).
certainty that the Speaker is Allaah Taàla, but he has no idea where and 2. Wahi Ghair Kitaabi – that is, all that revelation excluding what
how it is reaching him. It has been reported that when Hadhrat Moosa is contained in the divine Scripture. This is also known as wahi-
(alaihi salaam) heard the Speech of Allah Taàla at the Mount Toor, then ghair matloo.
the Sound came to him from all directions.
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Proof of the Quràan Majeed being wahi 3. When Hadhrat Moosa (alaihi salaam) was proceeding away
from Madyan with his family, then he saw the fire from the
1. ““We narrate to you the best of parables in this Quràan which distance. When he came close to it, Allaah Taàla spoke to him.
We have revealed unto you.” [Surah Yusuf, 3] During this conversation, Allaah Taàla mentioned to him,
2. “Say! It is brought down by a Pure Soul (angel) from your “Listen to that which is being revealed, indeed I am Allaah.
Rabb, with truth.” [Surah Nahl, 102] There is no deity but Me, hence worship Me and establish
3. “And We have revealed upon you the Quràan, so that you may Salaat for My remembrance.” [Surah Taha, 14]
explain to the people that which has been revealed to
them.”[Surah Nahl, 144] The entire Quràan Majeed was revealed upon Nabi (sallallahu alaihi
4. “And do not be hasty in receiving the Quràan, before the wahi wasallam) through the medium of Hadhrat Jibraeel (alaihi salaam)
is completed on you.”[Surah Taha, 114]
Wahi-e-Matloo, that is, wahi Kitaabi (Quràan Majeed) was entirely
The proof for the validity of wahi-ghair-Kitaabi revealed to Nabi (sallallahu alaihi wasallam) via Hadhrat Jibraeel (alaihi
salaam). Sometimes, he would come to Nabi (sallallahu alaihi wasallam) in
1. Once Nabi (sallallahu alaihi wasallam) confided a certain the form of a man and recite the Aayaat in front of Nabi (sallallahu alaihi
personal matter to one of his wives and asked her not to reveal it wasallam) who would miraculously memorise them. At times, he would
to anyone else. Due to human limitations, this wife narrated the appear in his original form and overcome the soul of Nabi (sallallahu alaihi
secret to another of Nabi (sallallahu alaihi wasallam)’s wives. wasallam) and impart the wahi, whereupon, Nabi (sallallahu alaihi
Allaah Taàla informed Nabi (sallallahu alaihi wasallam) of this wasallam) would comprehend and understand whatever has been revealed
through the means of wahi-ghair-Kitaabi. After the entire to him. Naturally, this second manner was difficult and strenuous upon the
matter was opened, Allah Taàla states in the Quràan Majeed, physical body of Nabi (sallallahu alaihi wasallam). When receiving wahi in
“When the Nabi had confided something to one of his wives, so this manner, it necessitated that he leave his physical form and be
when she told it (to another), and Allaah made it known to him, temporarily transformed to an angelic sphere. He would hear the sound of
he informed part thereof and left a part. Then when he told her the wahi with the ears of the heart and see the angel with the eyes of the
thereof, she said, ‘Who told you this?’ He said, ‘The All- heart. With the divinely imbibed power in the heart, he would understand
Knower, the All-Aware has told me.’” the knowledge of what was being revealed to him and he preserved it.
Since Nabi (sallallahu alaihi wasallam) would have to leave his physical
2. When the son of Hadhrat Nooh (alaihi salaam) was close to form to be able to receive wahi in this way, it was extremely difficult for
drowning, then he (Hadhrat Nooh – alaihi salaam) pleaded to him, and he sates this himself.
Allaah for his son’s safety, and Allaah Taàla replied to him.
This reply of Allaah Taàla was wahi-ghair Kitaabi, since Proofs
Hadhrat Nooh (alaihi salaam) did not receive any divine Kitaab
nor has it been established that he received any Scripture. “O 1. “Say (O Muhammad- sallallahu alaihi wasallam)! The Pure
Nooh! Indeed he is not from amongst your family, indeed his Soul (Jibraeel – alaihi salaam) has revealed it from your Rabb
actions are not virtuous.” [Surah Hud, 42] with truth.” [Surah Nahl, 102]
2. “And truly, this (Quràan Majeed) is a revelation from the Rabb
of the universe, which the trustworthy ‘Ruh’ (Hadhrat Jibraeel
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– alaihi salaam) has brought down, upon your heart (O effect mentioned in the entire Quràan Majeed. So this was also divine
Muhammad – sallallahu alaihi wasallam), that you may be one inspiration (wahi), but not (mentioned) in the Kitaab, Quràan Majeed.
of the warners. In the plain Arabic language.” [Surah Shuàra,
192-5] 2. “O my son, indeed I saw in a dream that I am slaughtering you. So tell
3. “He (Nabi - sallallahu alaihi wasallam) has been taught (this me what is your opinion. He said, ‘O my father, do as you are
Quràan Majeed) by one mighty in power (Hadhrat Jibraeel – commanded.’” [Surah Saafaat, Aayat 104]
alaihi salaam), free from any defect in body and mind, then he
(Jibraeel – alaihi salaam) rose and became stable.” [Surah An- Most Mufassireen have stated this dream to be a Divine Order. The
Najm, 5-6] statement of Hadhrat Ismail (alaihis salaam), “do as you are commanded”,
4. “Verily, this is The Word (the Quràan Majeed brought by), a is a proof of this. Based on this, the father and son, carry out this injunction
most honourable Messenger (Jibraeel – alaihi salaam), from without the slightest hesitation.
Allaah to the Prophet (sallallahu alayhi wasallam). Owner of
power, and high rank with the Rabb of the Throne, obeyed (by The view of some researchers is that this dream is a base for the
the angels), trustworthy there (in the heavens).” [Surah interpretation that a father slaughtering his son implies the sacrificing of a
Takweer, 19-21] beautiful animal and it was to initiate the practice of Qurbani.
One difference between wahi matloo and wahi-ghair matloo Nevertheless, whether the dream meant a literal sacrificing of the son or
that of slaughtering an animal, it was nonetheless a divine Command, from
In wahi matloo, i.e. the Quràan Majeed, the words, literally are from another source besides a Kitaab.
Allaah Taàla, whereas in wahi-ghair-matloo, the import and meaning of
Allaah Taàla’s revelation are explained and interpreted by Nabi (sallallahu 3. “O Nooh! Indeed he is not from your family. Indeed his actions are not
alaihi wasallam). pious.”[Surah Hud, Aayat 42]
General Wahi is a necessary speciality of Nubuwwat, not necessarily Since some injunctions are revealed from sources other than a Kitaab, then
wahi-Kitaabi there can be no reason for the prevention of all injunctions (on any prophet)
to be revealed in forms other than a Kitaab. For wahi to be revealed in a
The reason being that it is established from the Quràan Majeed that some form of a Kitaab upon any prophet is an added extra and special virtue
injunctions are revealed to Nabis and Rasools by means of Ghair Kitaabi bestowed by Allaah Taàla.
Wahi. For example,
Ghair Kitaabi Wahi can also be legislative
1. “And We have not made the Qiblah, upon which you were, except that
We come to find out who follows the Rasool and who turn their heels.” 1. The order to perform Salaat in the direction of Baitul Maqdis is
[Surah Baqara, Aayat 143] legislative, whereas it was Ghair Kitaabi.
2. The Order for Hadhrat Ebrahim (alaihis salaam) to slaughter his
From this Aayat we ascertain that the making of the Baitul Maqdis a Qiblah son was also legislative, whereas it was revealed by means of
was through the Order of Allaah Taàla, whereas there is no order to this Ghair Kitaabi Wahi.
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3. “Those date palms which you had cut, or those which you have that Nabi (sallallahu alaihi wasallam) made Ijtihaad as a
left standing on their roots, was by the Order of Allaah.” [Surah Prophet, and not one of a normal Mujtahid.
Hashar, Aayat 5] b. The punishment of Allaah Taàla does not descend if the
Ijtihaad of normal Mujtahids is incorrect, in fact, we cannot
On the occasion of the besieging of the fort of the Bani Nadhir, the conclude with certainty regarding the correctness or error of this
Muslims uprooted and caused damage to their date plantations, so that type of Ijtihaad. The least that we can say is that in our opinion
(when they see the damage to their crops) it may be a means of their the Ijtihaad of this Mujtahid appears correct and the Ijtihaad of
coming out of their fort to face the Muslims in open warfare. Also, in the the other is in error. There is always the possibility that the
open war, the date-palms would not cause any obstruction. The detractors matter is in actual fact the opposite of this. The fact that Allaah
to the Islamic cause raised the objection that the Muslims claim to prevent Taàla has corrected Nabi (sallallahu alaihi wasallam) for his
mischief and damage but here they are the cause of damage by cutting the decision (Ijtihaad), proves that his Ijtihaad is different from that
trees. At this juncture, Allaah Taàla confirmed the action of the Muslims of normal Mujtahids.
by informing that whatever was carried out was by His Command.
This was also a Ghair Kitaabi Wahi, which was legislative. From this we understand that the Ijtihaad of a Nabi is guided by Wahi, in
such a way that if it complies with the pleasure of Allah Taàla, then fine,
The explanations, interpretations and Ijtihaad made by Nabi otherwise it is altered. Since the Ijtihaad of a Nabi is aided by Wahi, it is
(sallallahu alaihi wasallam) of the Quràan Majeed, are effected by also counted as a part of Wahi.
him in the position of a Prophet and not in that of a normal Mujtahid
The explanation of the above Aayat is that the actual taking of Fidyah was
1. The decision of taking fidyah from the prisoners from the Battle of not totally incorrect, however, it was not in keeping with the status and
Badr, was the result of Ijtihaad and a consultation with the Sahaabah position of Nabi (sallallahu alaihi wasallam). The principle is as follows,
(radhiallahu anhum). It was the opinion of Hadhrat Umar (radhiallahu “The good actions of (general) pious people, becomes a sin for those who
anhu) and one two other Sahaabah (radhiallahu anhum) that the prisoners are close to Allaah Taàla.”
be executed, whereas the view of Hadhrat Abu Bakr (radhiallahu anhu) and
others was that fidyah be taken from them. This was also the view of Nabi 2. “Take that which the Prophet brings to you, and abstain from that
(sallallahu alaihi wasallam) and he gave his decision accordingly. Allaah which he forbids you from.” [Surah Hashar, Aayat 7]
Taàla corrected thereafter, “It is not for a Prophet that he should have
prisoners of war (and free them with ransom) until he had made a great In this Aayat, the words, “that which the Prophet brings you” and “that
slaughter (among his enemies) in the land. You desire the good of this which he forbids you”, are general and apply to all the injunctions and
world, but Allaah desires (for you) the hereafter. And Allaah is All-Mighty, prohibitions of Nabi (sallallahu alaihi wasallam). This applies whether the
All-Wise. Were it not a previous ordainment from Allaah, a severe torment injunction of Nabi (sallallahu alaihi wasallam) appears in the Quràan
would have touched you for what you took.” [Surah Anfaal, Aayats 67/8] Majeed, is implied or came in his discussion with the Sahaabah
(radhiallahu anhum).
There are two things here which require contemplation,
a. By the use of the word, “Prophet” in the sentence, “It is not for Another point here is that the statement, “that which the Prophet brings
a Prophet that he should have prisoners of war…”, indicates you” refers to whatever Nabi (sallallahu alaihi wasallam) instructs as being
done by him in the rank of him being a Prophet.
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The above explanations prove the contention of the refuters of the Ahaadith CHAPTER TWO
to be wholly erroneous. They aver that the principles laid down by the
Quràan Majeed should be used as a base for Muslims to formulate their THE PRINCIPLES OF TAFSEER
various rulings and that this alone must be the ruling authority by which
Muslims are governed. From this, they say, new and contemporary matters The definition of the Quràan Majeed
can be ruled upon using only these Quràanic principles. In this way, their
claim infers that the administration of Nabi (sallallahu alaihi wasallam) and It is that (Scripture – its words and meaning) which has been revealed
all others until the present day are on the same level and rank. The only upon the Prophet, written in the pages and reported from him through a
difference being that Nabi (sallallahu alaihi wasallam) was the means for continuous and consistent chain of narrators.
the revelation of the Quràan Majeed.
The knowledge of Tafseer-e-Quràan
The word Tafseer, originates from the Arabic word Fasara on the scale of
Tafèel, which means “to open”, “explain”. To open up and explain the
meaning of the Quràan Majeed, is known as Tafseer-e-Quràan.
Since the Quràan Majeed is a combination of both words and meanings,

hence, to explain and interpret the meaning of the Quràan Majeed, one
needs to consider the words of the Quràan, and their connotations. One
also needs to consider the concept of abrogation (Naasikh Mansookh), the
time and reason for revelations of the various Aayaat (Asbaab-e-Nuzool),
and one needs to delve into and extract the various laws and wisdoms.
Considering the above matters, Allamah Zarkashi (rahmatullahi alaihi)

defines Ilm-e-Tafseer as follows, “It is that knowledge whereby the Kitaab
of Allaah which was revealed unto His Nabi, Muhammad (sallallahu alayhi
wasallam) is understood, and its meanings explained and its injunctions
and wisdoms extracted.” [Al-Itqaan, page 174, vol.2]
Allamah Abu Hayyaan (rahmatullahi alaihi) has explained further by

stating, “Tafseer, is that knowledge, where the manner of fulfilling the
words and letters of the Quràan, the understanding of the laws of each
and every letter, the make-up of the sentences and their various laws and
injunctions are discussed. Where the meaning and reasons for the
formation of the letters and sentences and their final meanings and
outcomes are explained. This includes (consideration of) Naasikh
Mansookh, Shaan-e-Nuzool and narratives.” [Ibid]
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Who is able to make Tafseer of the Quràan Majeed? words, hence giving rise to divergent meanings. For example the word
‘Maseeh’, it originates from the word, ‘Masahah’ which means to wipe or
In order for one to be able to make Tafseer of the Quràan Majeed, as to pass a wet hand over something, and it originates from the word,
explained above, it is obvious that one needs to have knowledge of the ‘Masaahat’, which means to travel, traverse and measure.
different sciences. Allamah Jalaaluddeen Suyuti (rahmatullahi alaihi) The fifth being the knowledge of Ilm-e-Maàani, whereby the specialities of
writes, “And amongst them are those who say that it is permissible for that the formulation of speech is learnt.
person to make Tafseer, who encompasses the various sciences
(knowledges) which are needed to make Tafseer. In total these comprise of The sixth being Ilm-e-Bayaan, where the apparent, hidden, comparative
fifteen sciences. and metaphorical meanings of words are discerned.
The first being knowledge of Arabic Lexicography. This is necessary so The seventh being Ilm-e-Badee`, where the eloquence of speech is learnt.
that one is able to recognise the different types of letters and words and
their meanings and connotations. Mujaahid (rahmatullahi alaihi) said that The above three are known as Ilm-e-Balaaghat. This knowledge is
it is not permissible for that person who believes in Allaah Taàla and the imperative for the Mufassir since the Speech of Allaah Taàla is in itself
Day of Qiyaamah to comment on the Kitaab of Allaah, if he does not have marvellous and miraculous. The reality of this marvel can only be
the knowledge of Arabic lexicography. Imaam Maalik (rahmatullahi alaihi) discerned with the knowledge of Balaaghat.
said that if any person is brought to me who does not have deep knowledge
of the Arabic lexicography, and he makes Tafseer of the Quràan Majeed, The eighth being the knowledge of Qiraat (proper recital in the various
then I would administer a very severe punishment upon him. dialects). The reason being that various meanings are found in the different
dialects and some meanings are granted preference over others.
It is not sufficient to have knowledge of a few dialects and meanings, since,
many a times one word may have different and various meanings. In such a The ninth being the knowledge of Aqaaìd (beliefs). The reason being that
case the person making Tafseer may know one or two meanings, whereas there are some Aayaat whose literal meaning is not in conformity to the
in reality the word actually means something else. Pure and Unblemished Being of Allaah Taàla. For example, “Ar-
Rahmaan is established on the Arsh”, to take the meaning here that Allaah
The second being knowledge in Arabic grammar. This is necessary because Taàla establishes and sits upon a Throne like that of worldly kings is
the meanings of words change drastically with the changing of the I`raabs incorrect. So in such cases, what meaning should one opt for? This
(dietrical marks/ vowel points). To recognize the changing in I`raabs, knowledge one acquires from the knowledge of Aqaaìd.
necessitates knowledge of Nahw (Arabic grammar).
The tenth being the knowledge of the principles of Fiqh, whereby one
The third being knowledge of Sarf (Arabic Syntax). The reason for this is learns the method of extracting proofs.
that changes in the various grammatical forms and cases have an effect on
the meanings of sentences. Ibn Faaris stated that the person who lacks the The eleventh being the knowledge of Asbaab-e-Nuzool. The reason being
knowledge of Sarf, lacks a great deal. that by knowing the time and condition of revelation, the meaning of the
Aayat becomes more clear. There are also times where the meaning of the
The fourth being the knowledge of Ishtiqaaq (ascertaining the root of a Aayat is only known through knowledge of Shaan-e-Nuzool.
word). The reason being that some words originate from different root-
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The twelfth being the knowledge Naasikh Mansookh. The reason for this is The second type of Aayaat are those whose meaning is not understood by
so that the abrogated Aayaat may be separated from those upon which mere knowledge of the Arabic language. The sources for the Tafseer of
practice should be made. such Aayaat are;
(1) The Quràan Majeed itself,
The thirteenth being the knowledge of Fiqh. This, so that one may (2) Ahaadith-e-Nabawi,
understand the bases of the various general principles. (3) The statements of the Sahaabah (radhiallahu anhum) and
(4) The statements of the Tabieen (rahmatullahi alaihim).
The fourteenth being the knowledge of those Ahaadith which explain the
Aayaat of the Quràan Majeed. The first source is the Quràan Majeed itself
The fifteenth being the knowledge of ‘wahabi’. That is, that special That is, at times some Aayaat make Tafseer of others. At some junctures
knowledge which is granted by Allaah Taàla to only some special servants the matter may be ambiguous and in another place this ambiguity is
of His. The following Hadith indicates towards this, ‘That servant who removed. For example,
practices upon what he knows, Allaah imbues him with such knowledge 1. It is stated in Surah Faatihah, “Guide us on the Straight Path, the
which he never knew.’ Path of those whom You have favoured.” In this Aayat the identity
of those who have been favoured is not clarified. However, this
NOTE: Ibn Abi Dunya (rahmatullahi alaihi) states, ‘The Sahaabah question is answered in another Aayat, “They are the ones upon
(radhiallahu anhum) and the Tabieen (rahmatullahi alaihim) had acquired whom Allah Taàla has favoured, amongst the Prophets, truthful
the Arabic language naturally (i.e. it was their mother-tongue and they ones, martyrs and the pious ones.”
were sincere personalities, in whose midst the Quràan Majeed was
revealed, hence there was no need for them to acquire or study the various 2. It is stated in one Aayat, “Aadam learnt from his Rabb some words,
sciences regarding the Arabic language). All the other sciences which are thus He forgave him.” However, here the actual words are not
necessary for Tafseer, was acquired by them through Nabi (sallallahu mentioned. They are mentioned in another Aayat, “The two of them
alaihi wasallam).” [Al-Itqaan, page 181, vol.2] (Hadhrat Aadam and Hawa - alaihima salaam) said, ‘O our Rabb!
We have wronged our souls and if You do not forgive us and
The Sources of Tafseer shower Your Mercy upon us, then we will surely be amongst the
losers.’”
The sources of Tafseer refers to those means and resources whereby the
Tafseer of any Aayat is understood. 3. It is mentioned in one Aayat, “O you who believe, fear Allaah and
be amongst the truthful ones.” In this Aayat no mention is made of
There are two types of Quràanic Aayaat. Some Aayaat are so clear that who the “truthful ones” are. Nevertheless, this is clarified in
those who another Aayat, “Goodness (piety) is not that you turn your faces
understand the language will immediately know its meaning and import. towards the east or west.
Hence the source of such Aayaat is the Arabic language. Nevertheless,
together with this, one needs to have a sound and rational intellect. However, pious are those who believe in Allaah, The Last Day, the
angels, The Kitaab and the prophets. They give from their wealth
out of love for Him to their near kin, the poor, the needy, the
17 18
travellers, the beggars and the captives. They establish Salaat, give Therefore, it falls under the scope of this Aayat that it is a necessary for the
Zakaat and they fulfil their pledges when they make a pledge. They speech and actions of Nabi (sallallahu alaihi wasallam) to be a means of
are patient in difficult and constrained conditions and at the time of explanation of those aspects of the Quràan Majeed which are ambiguous
battle. These are the ones who are truthful, and these are the ones and unclear.
who are pious.” [Surah Baqara, Aayat 177] This Aayat clarifies and
explains who the truthful ones and amongst whom these qualities For example, if we consider the injunction of Salaat. If one takes all the
are found. Aayaat regarding Salaat and place them together, one will still not be able
4. Another example of Tafseer of Quràan by Quràan, is where there to perform one Rakaat of Salaat without the active demonstration portrayed
is ambiguity in one Qiraat (type of dialect), and this is clarified in by Nabi (sallallahu alaihi wasallam). The speech and actions of Nabi
another Qiraat. Some dialects recite the Aayat, “Faghsiloo (sallallahu alaihi wasallam) is known as Hadith. In short, the Quràan
Wujoohakum…(until) Wa Arjulikum Ilal Ka`bain”. Here there is a Majeed gives the injunction of establishing Salaat, but the Tafseer of Salaat
possibility of translating the last part as - making masah on the head and the establishing thereof is found in the Ahaadith (and Sunnat of Nabi
and feet. This uncertainty is clarified by the dialect of Imaam Haffs sallallahu alaihi wasallam).
(rahmatullahi alaihi) which reads as “Wa Arjulakum…”. Here there
is only one possibility of translating and that is – the feet must be NOTE: The explanation and Tafseer given by Nabi (sallallahu alaihi
washed. wasallam) is also not his own, but it is from Allaah Taàla. In this regard, it
is mentioned in the Quràan Majeed, “Do not move your tongue
In this case the second dialect has confirmed the meaning of the concerning it (memorising the Quràan Majeed), to make haste therewith.
former one to mean that the feet must be washed and not made Indeed it is upon Us to collect it and give you the ability to recite it. And
masah upon. when We have recited it to you (O Muhammad – sallallahu alayhi
wasallam, through Jibraeel - alaihis salaam), then follow you its recital.
The second source is the Ahaadith-e-Nabawi Then it is for Us (Allaah) to make it clear to you.”
It has been mentioned in various Aayaat in the Quràan Majeed that one of In this blessed Aayat, Allaah Taàla takes the responsibility of dilating
the necessary duties of Nabi’s (sallallahu alaihi wasallam) position is the upon the Quràan Majeed. From this we realise that the Hadith of
clarification and teaching of the Quràan Majeed. Rasulullaah (sallallahu alayhi wasallam) is also Wahi. It is however, of the
category of Ghair Kitaabi.
1. “And We have revealed to you the Thikr (Quràan Majeed) so that
you may explain to the people that which has been revealed to Besides this, we should consider this as well that Allah Taàla has taken the
them.” [Surah Nahl] responsibility of explaining the Quràan Majeed upon Himself. Whatever
appears in the Quràan Majeed that is the Quràan. Its explanation forms
The teachings of the Quràan Majeed comprises of Aqaaìd (beliefs), part of what is besides the Quràan Majeed itself.
Muaamalaat (dealings), Jinaayaat (penalties), Hudood (punishments), Qisas
(retribution), Siyar and Ghazawaat (expeditions and battles). It also teaches 2. “Indeed Allaah has blessed the believers when He sent amongst
pious actions, excellent character, planning and administration of home and them a Rasool from amongst themselves, to recite upon them the
government, etc. It encompasses all aspects and chapters of life. It deals verses, and purify them and teach them the Kitaab and Wisdom,
with some in detail, others briefly and others by mere indication. even though they were in plain deviation before.”
19 20
Imaam Baihaqi (rahmatullahi alaihi) narrates that Ayyub Sakhtiyaani

It is clear that whatever Nabi (sallallahu alaihi wasallam) taught of the (rahmatullahi alaihi) states, “A person said to Mutraf Bin Abdillaah
Quràan Majeed, it is safeguarded in the Ahaadith. Shakheer (rahmatullahi alaihi), a great Tabièe, ‘Do not narrate to us
except from the Quràan Majeed.’ He replied, ‘Our aim is not to derive any
Haafiz Ibn Abdul Barr (rahmatullahi alaihi) states in his Kitaab, Jaamiul recompense from the Quràan, in fact our aim is (to acquire and learn the
Bayaan, “It has been reported from the great Sahaabi, Hadhrat Imraan beauty of the Quràan Majeed from) such a personality who is more well
Bin Husain (radhiallahu anhu) that a person came and asked him versed in the Quràan Majeed than us (i.e. Nabi - sallallahu alaihi
regarding something. He narrated a Hadith to him. The man said, ‘Tell us wasallam).”
from the Kitaab of Allaah and not from any other.’ Hadhrat Imraan Bin
Husain (radhiallahu anhu) told him, ‘You are an ignorant person. Where Comment on the statement of Imaam Ahmad with regard to Ahaadith
have you seen in the Quràan Majeed that the Qiraat in the four Rakaats of in relation to Tafseer
Zuhr Salaat must be read loudly?’ He then went on to explain to him the
rulings regarding Salaat and Zakaat etc. and asked him if he found any of Two views have been attributed to Imaam Ahmad (rahmatullahi alaihi):
this in detail in the Quràan Majeed. The Quràan Majeed lists these in 1. “In my opinion there is no authentic Ahaadith of Tafseer.”
brevity, whereas the Sunnat makes Tafseer thereof.” 2. “There are three Kitaabs (or things) which have no base, (those
regarding battles, skirmishes and Tafseer.”
Khateeb Baghdadi (rahmatullahi alaihi) mentions this incident in his Kitaab
Al Kifaaya Fi Ilmir Riwaaya, as follows, “A person came to Hadhrat Comment
Imraan Bin Husain (radhiallahu anhu) and told him, ‘What are these
Ahaadith which you narrate to us, whilst you omit the Quràan Majeed?’ Firstly, it appears that these statements are not from Imaam Ahmad
Hadhrat Imraan (radhiallahu anhu) said, ‘If you and your companion do (rahmatullahi alaihi), since he had himself listed numerous Ahaadith
not accept besides the Quràan Majeed (i.e. the Ahaadith), then how will regarding Tafseer in his Musnad. How can these statements be believed
you know how many Rakaats there are in Zuhr Salaat? Or how many when on the one hand he lists these Ahaadith in his Kitaab and on the other
Rakaats in Asr or what their times of performance are, or how many he refutes the validity of such Ahaadith? (This would also imply that all
Rakaats in Maghrib Salaat, or the duration of stay in Arafat (during Hajj), Tafseeri Ahaadith are fabricated and unauthentic.)
or the method of stoning the Jamaraat? How will you know where to cut
the hand from (for the thief), from here or there?’ And he placed his hands On the other hand, if we accept the statements as actually being from
at the centre of his palms and at the wrists. He said further, ‘Those Imaam Ahmad (rahmatullahi alaihi), and that all the things listed above (in
Ahaadith which we relate to you, you should follow them, otherwise, I take the purported statement) are lies and unauthentic, then it would follow that
an oath on Allaah’s Name, you will go astray.’” not only are the Tafseeri Ahaadith, but also all the Arab narrations and all
the battles fought by the Muslims are untrue and unsubstantiated. No
Haafiz Suyuti (rahmatullahi alaihi) has also narrated this incident in rational and intelligent person can ever accept this contention.
Miftaahul Jannat Fil Ihtijaaj Bis Sunnah, and he has added this portion,
“Hadhrat Imraan Bin Husain said, ‘Did you not hear the Aayat, ‘That If we are to accept that these statements are in actual fact from Imaam
which the Rasool brings to you, take it, and abstain from that which he Ahmad (rahmatullahi alaihi), then a suitable interpretation has to be found
prohibits you from.’ He then said, ‘We have learnt those things from Nabi for it. For this, we need to understand one point, and that is, for the
(sallallahu alaihi wasallam) which you have no knowledge of.’” Muhadditheen to accept any Hadith as saheeh (authentic), then the chain of
21 22
narrators of that Hadith right upto Nabi (sallallahu alaihi wasallam) has to In essence he was saying that during his era, there was no authentic Kitaab
comprise of personalities whose memory is without flaw and they are all regarding any of these three subjects available. It does not mean that all the
pious and Allaah-fearing people. Each link in the chain has to have heard Ahaadith regarding Tafseer, battles and skirmishes, including those listed
the Hadith from the previous link. There has to be no break in this chain in his Musnad are without any base and unauthentic. [Islaam mè Sunnat Wa
and there must not be any such excuse found which can render the Hadith Ka Maqaam, page 428, vol.2]
narration to be weak.
The third source – The Statements of the Sahaabah (radhiallahu
If any narration does not conform to this standard, then the Muhadditheen anhum)
do not regard such a Hadith as a saheeh one, even though such a Hadith
may be an acceptable one and one used as a proof. For example, if a The Sahaabah (radhiallahu anhum) were the direct means of teaching and
Tabièe narrates a Hadith which he heard from a Sahaabi, but he omits the propagating the lessons and Tafseer of the Quràan Majeed, from Nabi
Sahaabi’s name when narrating and attributes the Hadith directly to Nabi (sallallahu alaihi wasallam). Some of them dedicated their entire lives in
(sallallahu alaihi wasallam), then the Muhadditheen would not classify teaching and imparting the Quràan Majeed, both in theory and practise.
such a narration as saheeh, they would rather call it a mursal narration. The Sahaabah (radhiallahu anhum) were personalities whose mother-
This is with regard to their own standards and classifications. Otherwise, a tongue was Arabic and they were also well aware of the context in which
mursal Hadith can also be used a proof. the various Aayaat were revealed, yet they found it necessary to learn the
Quràan Majeed and its Tafseer.
Hence, if the statement attributed to Imaam Ahmad (rahmatullahi alaihi) is
regarded as true, then by his saying that no Tafseeri Hadith is saheeh, he The famous Tabièe, Imaam Abu Abdir Rahmaan Salami (rahmatullahi
means it according to the definition of the Muhadditheen, but they are alaihi), states, “We were taught by those personalities who used to recite
nonetheless, mursal. the Quràan Majeed, like Uthmaan Bin Affaan, Abdullaah Bin Masòod
(radhiallahu anhuma) , etc. They (were such personalities who), when
Allamah Suyuti (rahmatullahi alaihi) states in Al Itqaan, “Imaam Ibn taught by Nabi (sallallahu alaihi wasallam) would not learn more than ten
Taymia states that those Ahaadith of Tafseer which can be regarded as Aayaat at a time, until they mastered whatever it contained in knowledge
saheeh are, Alhamdulillah, in abundance, even though Imaam Ahmad had and practice.”
stated that there are three things which have no base. The reason for this
(statement of his), is that most of the Ahaadith regarding Tafseer are For this reason, it is reported in Musnad-e-Ahmad from Hadhrat Anas
mursal.” (radhiallahu anhu), “When any person used to recite Surah Baqara and
Aale Imraan, then he would be exalted in our eyes.”
Regarding the “three things or three Kitaabs”, Khateeb Baghdadi
(rahmatullahi alaihi) states, “This statement of Imaam Ahmad It is reported in Muwatta Imaam Maalik, “Ibn Umar learnt Surah Baqara
(rahmatullahi alaihi) with regard to the three subjects, refers to specific in eight years.”
Kitaabs which he is negating. Like the Tafseeri Ahaadith Kitaabs of Kalbi
and Muqaatil Bin Sulaimaan, which (at that time) have become common These eight years was not merely to memorise the Surah, because his
(famous) amongst the masses. In this regard, Imaam Ahmad was referring memory was not deficient or weak. Together with memorising, he learnt its
to the Tafseeri Ahaadith Kitaab of Kalbi, implying that it comprised of only Tafseer and details of each and every syllable.
lies from beginning to end. Its reading is also not permissible.”
23 24
Hadhrat Abdullaah Bin Masòod (radhiallahu anhu) states, “I take an oath whatever instruction Nabi (sallallahu alaihi wasallam) issues is as he has
on that Being besides Whom there is none worthy of worship, there is not a understood it from the Quràan Majeed. Allaah Taàla says, ‘Indeed We
single Aayat in the Quràan Majeed which was revealed, regarding which I have revealed to you (O Muhammad - sallallahu alayhi wasallam!) the
am not aware of the context and place of its revelation. If I knew anyone Kitaab, with truth so that you may adjudicate amongst the people, as
who knew more of the Quràan Majeed than I, and it was possible for me to Allaah has shown you.’[Surah Nisaa, Aayat 106]
reach him by conveyance, then I would most certainly go to him.”
Rasulullaah (sallallahu alayhi wasallam) said, ‘Know! I have been given
The fourth source – The Statements of the Tabieen (rahmatullahi the Quràan, and its equivalent.’
alaihim)
If the Tafseer cannot be found in the Sunnat, then one needs to refer to the
Haafiz Ibn Katheer (rahmatullahi alaihi) stated that if any Tabièe related a statements of the Sahaabah (radhiallahu anhum), because (after Nabi -
Tafseer from any Sahaabi, then the ruling of that Tafseer would be the sallallahu alaihi wasallam) they are most knowledgeable of the Quràan
same as the Tafseer of a Sahaabi. If he (Tabièe) states his own opinion, Majeed and (they witnessed) the context in which it was revealed. Another
then it will be seen if any other statement of another Tabièe contradicts his reason being that they fully understood the Quràan Majeed, and they
or not. If there is another conflicting view, then this Tafseer will not be practised thereupon with total sincerity.
used a proof, rather, for the Tafseer of that Aayat, the Arabic language,
Ahaadith of Nabi (sallallahu alaihi wasallam), narrations of Sahaabah If there appears to be any contradiction amongst the Sahaabah
(radhiallahu anhum), and other Sharì proofs will be used (to make Tafseer (radhiallahu anhum) regarding a Tafseer, then if it is possible to extract a
of that particular Aayat). If however, there is no difference between the common meaning from all the views, then do so. For example, regarding
Tabieen regarding a Tafseer, then without doubt it will be regarded as a the Aayat of ‘Siraatal Mustaqeem’, where some aver it to mean the
proof and accepting it will be imperative (upon the Ummat). Quràan Majeed, others, the path of the Ambiyaa (alaihimus salaam),
others the Sunnat, others the path of Nabi (sallallahu alaihi wasallam),
The manner of Tafseer others, say the path of Hadhrat Abu Bakr (radhiallahu anhu) and Hadhrat
Umar (radhiallahu anhu), etc. So from here the common meaning of ‘Path
Allamah Jalaaluddeen Suyuti (rahmatullahi alaihi) sates in his Kitaab Al- of Hidaayat’ is adopted as being meant by ‘Siraatal Mustaqeem’. In this
Itqaan, “If any person desires to make Tafseer of the Quràan Majeed, then way, one is not negating any view by adopting the one common meaning.
he has to first seek a Tafseer in the Quràan Majeed itself, because (at By taking this one meaning, is as though one is taking all the meanings.
times) an Aayat may be stated in brief in one place and then its explanation Also, to adopt any one of the meanings would also not be incorrect.
or definition is given at another juncture. At one place it may be concise
and in another in detail. Allamah Ibn Jauzi (rahmatullahi alaihi) has If there is such a difference amongst the views of the Sahaabah
compiled such a Kitaab wherein he has listed all such subjects from the (radhiallahu anhum), that one cannot extract a common meaning, then one
Quràan Majeed where they are stated briefly in one Aayat and then its will choose that meaning which can be backed by some written proof. If no
Tafseer (details) are in another Aayat. other proof can be found to substantiate any of the views, then the one to be
opted for is the one which has the strongest proof. For example regarding
If a Tafseer cannot be found in the Quràan Majeed itself, then one has to the Huroof-e-Muqataàat, (The Broken Letters) the following views are
look at the Sunnat, because the Sunnat is the commentary of the Quràan presented by the Sahaabah (radhiallahu anhum),
Majeed and it dilates it. Imaam Shaafi (rahmatullahi alaihi) states that
25 26
a). Hadhrat Abu Bakr (radhiallahu anhu) said that in every Divine Quràan Majeed without having knowledge, then he is making a place in
Scripture, there is some secret of Allaah Taàla therein, and in the Quràan Jahannum.” [Tirmidhi]
Majeed the secret of Allaah Taàla lies in the beginning of the Surahs (in
the Huroof-e-Muqataàat). In other words, we do not know the meanings of ii). “It is reported from Jundub that Nabi (sallallahu alaihi wasallam)
the Huroof-e-Muqataàat. Hence this is part of the unclear things. said, ‘If a person comments on the Quràan Majeed of his own opinion and
even if he is correct, he has erred.’” [Tirmidhi/Abu Dawood]
b). Others have not included it in the unclear things and they have
offered meanings for them – Hadhrat Ali (radhiallahu anhu) states that iii). “It is reported from Ibn Sireen (rahmatullahi alaihi) that this
these are the Names of Allaah Taàla in syllable form. If anyone knows the knowledge (Quràan Majeed Tafseer) is part of the Deen, thus see who you
compilation and formation of these Names, then his duas will be accepted acquire this Deen from.”[Mishkaat, Kitaabul Ilm]
by virtue of this.
Mullah Ali Qaari (rahmatullahi alaihi) explains on commenting on opinion,
c). Hadhrat Abdullah Bin Abbaas (radhiallahu anhu) was asked in Mirqaatul Mafaateeh, as follows, “Tafseer by opinion is when one
regarding the letters ‘Aleef Laam Raa’, ‘Haa Meem’ and ‘Noon’, and he makes Tafseer without having acquired the Arabic language and the
said that these syllables make up the Name of Allaah – Ar-Rahmaan. specified Sharì outlines (with regard to making Tafseer), such that,
d). It is also reported from Hadhrat Abdullah Bin Abbaas (radhiallahu a). Whatever one’s intellect dictates, one accepts, whereas it maybe
anhu) that just as Allaah Taàla had taken oaths in other words, He takes such a thing which is not in conformity with written or rational proofs.
oaths in these letters.
b). Or it may conform to the apparent, but it is based on rational
(Allamah Suyuti -rahmatullahi alaihi- gives his opinion that) From all the reasoning.
above views, the last one appears to be the most correct since the proof
given for this is strongest. If there is a difference in the meanings of these c). Or a person may have taken into consideration some aspects of
words, then the one making Tafseer must understand that there is unclarity ‘Uloom-e-Ilaahi’ (divinely inspired knowledge), whilst omitting others.”
in this. Nevertheless, whatever words which appear in the Quràan Majeed,
we bring Imaan in them, but none can claim certainty in any specific The types of Tafseer by opinion
meaning.”[Page 175-6, vol.2]
“Ibn Naqeeb (rahmatullahi alaihi) states that there are five types of
Tafseer of opinion and its ruling Tafseer by opinion;
It is reported in the Hadith: The first type is when Tafseer is made without having acquired the
necessary sciences required to be able to make Tafseer.
i). “Hadhrat Ibn Abbaas (radhiallahu anhu) reports that Nabi
(sallallahu alaihi wasallam) said, ‘’ If anyone comments on the Quràan The second type is when Tafseer is made of those unclear matters, the
Majeed from his ownself, then he is making a place for himself in the Fire.’ meaning whereof is only known to Allaah Taàla.
It is reported in another narration that the person who comments on the
27 28
The third type is when some deviant sect is proven in the Tafseer, where CHAPTER THREE
one makes this deviant sect the principle and the Quràan Majeed its
subservient. THE PRINCIPLES OF HADITH
The fourth type is to certify something as being from Allaah Taàla without Sunnat or Hadith
having sound proof to back the claim.
The definition of Sunnat in the Arabic language
The fifth type is to make Tafseer subject to one’s own whims and fancies.
1. Ibn Dareed, defining Sunnat, writes in his Kitaab, Al Jamharah,
“The meaning of Sunnat is well known. It is said that a person
has initiated a good Sunnat or an evil Sunnat (i.e. he has begun
a good or evil trend).
2. Allamah Zamakhsharee (rahmatullahi alaihi) writes, describing

Sunnat, in his Kitaab, Asaas, “A certain person has initiated a
good Sunnat, i.e. he has started a good practice, or a certain
person has followed a Sunnat, i.e. he has practised upon it.”
3. Allamah Ibn Manzoor Afriqi, writes in his Kitaab Lisaanul

Arab, “Sunnat is also defined as ‘Seerat’ (character), be it good
or evil.”
4. It is stated in Lisaanul Arab, “If any person initiates any action

and the people after him continue on this practice, then it is said
that so and so has started this Sunnat.”
5. The statement of Shamar Bin Hamoodiyah is stated in Lisaanul

Arab, “Sunnat is that Path whereupon the first people tread,
such that it becomes an established way for those who follow. It
is said that a certain person has initiated a certain action, when
someone begins a good action, whereof the masses are unaware
and which they follow after seeing him do it.”
From the above citations, we learn that the literal definition of Sunnat is
action or way, which is followed up by the latter generations, or that which
the people have opted for.
29 30
In other words, Sunnat is that path which is followed and imitated. Based What type of people does the Shariah advocate we follow?
on this, Sunnat is best described as “A path which is followed”. This could
refer to both, a good and evil path. Those who have stated it as being a 1. Rasulullaah (sallallahu alayhi wasallam) – It is stated in the
good action, merely state so by way of example and illustration. A Sunnat Quràan Majeed, “There is indeed for you an excellent example
is not necessarily attributed to only a good act. In the Quràan Majeed and in the Rasool of Allaah, for those who desire Allaah and the
Ahaadith it is used in both contexts. Last Day.”
As far as attributing it to a good act, it is stated in the Quràan Majeed, 2. The Sahaabah (radhiallahu anhum) – It is stated in the Quràan
“The Sunnat of those prophets We had sent before you.” [Surah Israa] Majeed, “If they bring Imaan the way you people have brought
Imaan, then they will also be guided aright.” This Aayat
In context of an evil act, it is stated in the Quràan Majeed, “In this way We addresses the Sahaabah (radhiallahu anhum). It is reported in a
place in the hearts of the evildoers, they do not bring Imaan in the Prophet. Hadith, where Nabi (sallallahu alaihi wasallam) said, “My
Indeed the way (Sunnat) of the previous nations has been laid out.” [Surah Sahaabah are like the stars. Whichever one of them you follow,
Hajar] you will be guided.”
Similarly, the word Sunnat has been used in both contexts in one Hadith, The under-mentioned are referred to as Sunnat in the Deen
“Whosoever initiates a good Sunnat, for him is its reward and the reward
of whoever else follows it, without their reward being diminished in the 1. Sunnat-e-Rasool
least bit. And whoever initiates an evil Sunnat, for him will be the
punishment thereof, and the punishment of those who follow it, without Rasulullaah (sallallahu alayhi wasallam) said, “I have left for you two
their punishment being decreased in the least bit.” things, which if you hold fast onto, you will never be deviated; The Kitaab
of Allaah and the Sunnat of His Rasool.”
The meaning of Sunnat in Islam
2. Sunnat of the Khulafaa-e-Raashideen
It has been established above that the literal definition of Sunnat is “A Path
which is followed”. Keeping this definition in mind, the Sharì definition of Rasulullaah (sallallahu alayhi wasallam) said, “Binding upon you is my
Sunnat would be “A path which is followed in Deen”. Sunnat and the Sunnat of the Khulafaa-e-Raashideen Al-Mahdiyeen.”
Nevertheless, there are two differences here: 3. Sunnat of the Sahaabah (radhiallahu anhum)
1. Since there is only goodness in Deen, and it is the very Hadhrat Abdullah Ibn Masòod (radhiallahu anhu) stated, “Whoever wishes
antitheses of evil, the meaning in this context would only refer to follow any Sunnat, then he should opt for the Sunnat of that person who
to a good Sunnat. has passed away, because there is no certainty regarding the living not
falling into Fitnah. These are the Companions of Muhammad (sallallahu
2. Since the word Sunnat refers to following someone, hence in the alayhi wasallam).”
context of Deen it would refer to following only those people
whom the Shariah advocates.
31 32
Since the statements and actions of the Sahaabah (radhiallahu anhum) are
regarded as Sunnat, Hadhrat Saèed Bin Musayyib (rahmatullahi alaihi) Now, we have in front of us two categories of Sunnat – Sunnat-e-Rasool
had listed a certain Masàlah as a Sunnat and it is stated in Mabsoot that and Sunnat-e-Sahaabah. From these the Sunnat-e-Rasool is the perfect one,
here (in this ruling) was meant the Sunnat of Hadhrat Zaid Bin Thaabit because without any shred of doubt this is the one which is to be followed
(radhiallahu anhu). [Page 33, vol.2] unrestrictively. As for the Sunnat of the Sahaabah (radhiallahu anhum),
theirs is due to the direct influence of Sunnat-e-Rasool. It is based on
Sunnat of the Tabieen (rahmatullahi alaihim) Sunnat-e-Rasool and completely in conformity thereto.
The action, way or manner of a Tabièe or anyone who comes after them The crux of the matter is that since Sunnat-e-Rasool is the actual Sunnat
cannot be termed as a Sunnat as would the statement of Nabi (sallallahu and when the word ‘Sunnat’ is used, it applies generally to Sunnat-e-
alaihi wasallam) or any Sahaabi (radhiallahu anhu). However, owing to the Rasool. It is also stated so in a narration, “The crux of the matter is that
Hadith of “The best of eras are my era, and the one after that and the one when a narrator says something is from the Sunnat, then according to the
after that”, the era of the Tabieen and Tabè Tabieen are being lauded by general Hanafi and Shaafi Aimmah and the majority of Muhadditheen, this
Nabi (sallallahu alaihi wasallam), and because of this Imaam Maalik and refers to Sunnat-e-Rasool. From amongst the latter Hanafi Aimmah, this is
Imaam Auzaaì (rahmatullahi alaihima), who were from amongst the Tabè also the view of the author of Mizaan.”
Tabieen, regarded the actions of the Tabieen as being worthy of following
and they would even label them as Sunnat. According to the Usooliyeen also, when they speak about the four sources
of Shariah, (Quràan Majeed, Sunnat, Ijma and Qiyaas), and they mention
Unlike Imaam Maalik and Auzaaì (rahmatullahi alaihima), Imaam Abu Qiyaas, which includes the Ijtihaad of the Sahaabah (radhiallahu anhum),
Hanifah (rahmatullahi alaihi), who was from the Tabieen, would not regard then their referral to Sunnat only applies to Sunnat-e-Rasool.
any action or statement of another Tabièe as worthy or necessary to
follow. He would say, An explanation of this appears in the incident where Nabi (sallallahu alaihi
wasallam) was bidding farewell to Hadhrat Maàaz (radhiallahu anhu), who
“That way of Nabi (sallallahu alaihi wasallam) which reaches us, we was off to Yemen. Nabi (sallallahu alaihi wasallam) asked him, “How will
accept wholeheartedly. Those narrations and ways of the Sahaabah you adjudicate a matter.” Hadhrat Maàaz (radhiallahu anhu) replied, “I
(radhiallahu anhum) which reach us, we choose one from amongst them will rule according to what is in the Quràan Majeed.” Nabi (sallallahu
without omitting anything therefrom. As for those ways which reach alaihi wasallam) then asked him, “What if you cannot find it in the Quràan
regarding the Tabieen, we are men and they are men (i.e. just as they make Majeed?” Hadhrat Maàaz (radhiallahu anhu) replied, “I will then give a
Ijtihaad and reach their conclusions, we too can do the same).” ruling according to the Sunnat of Rasulullaah (sallallahu alayhi
wasallam).” Nabi (sallallahu alaihi wasallam) asked, “What if you cannot
However, as for those senior Tabieen, whose rulings became widespread find it in the Sunnat of Rasulullaah (sallallahu alayhi wasallam)?” Hadhrat
during the existence of some Sahaabah (radhiallahu anhum), their Maàaz (radhiallahu anhu) replied, “I will then make Ijtihaad and give my
statements are regarded as being worthy of proof by the Ahnaaf, because it view without any compromise.”
has the tacit approval of the Sahaabah (radhiallahu anhum). Therefore, the
Hanafis accept the Ijtihaad of the Tabieen in establishing rulings etc., and Since, during the era of the Sahaabah (radhiallahu anhum), there was no
regards their ways as being virtuous and also grant permissibility in calling need for Ijma, there only existed these three sources of the Shariah –
it Sunnat, but this is not expressly stated. Kitaabullaah, Sunnat and the Qiyaas and Ijtihaad of the Sahaabah
33 34
(radhiallahu anhum). The object of stating “Sunnat” refers solely to the That Sunnat which has been abrogated no longer remains a Sunnat
Sunnat of Nabi (sallallahu alaihi wasallam). As for the Sunnat of the
Sahaabah (radhiallahu anhum), their statements and actions are either the Since the meaning and import of Sunnat is to follow and imitate, hence
direct effect of what they saw or heard Nabi (sallallahu alaihi wasallam) those Sunnats which have been abrogated, although prior to their
saying or doing, or it is the result of their own Ijtihaad. Their Ijtihaad abrogation, they were worthy of being followed, nevertheless, they no
actually falls under the category of Qiyaas, but since we are instructed to longer remain so, and are no longer regarded as Sunnat. Even though they
follow it, therefore, Imaam Abu Hanifah (rahmatullahi alaihi) adheres may be termed as ‘Sunnat’, they will now be referred to as “Abrogated
strictly to their ‘Sunnat’. Sunnats”. This in itself proves that it is no longer a Sunnat.
Note: From our above discussion, it is clear that the view of those In essence, for the survival of any Sunnat, it is necessary that it not be
modernists who aver that the ways of the general masses also be included abrogated. There are two ways of abrogation - the one is where it is
as Sunnat and be counted as a proof of Deen, is completely erroneous. The expressly stated that a certain action was Sunnat at first and has now been
reason being that the ways of the general masses are not gleaned or replaced by another, like for example, where Nabi (sallallahu alaihi
acquired from any Mujtahid’s Qiyaas or Ijma, hence its following is not wasallam) said, “I used to prohibit you from visiting the graves. Listen!
binding according to the Quràan Majeed and Sunnat of Rasulullaah You may now visit the graves.”
(sallallahu alayhi wasallam). Therefore to refer to it as Sunnat and a Sharì
proof is completely incorrect and misleading. The second is where an action is not proven to be a continual practise, and
proof for its contrary is found, like the lifting of the hands in Takbeer when
Continual practise (Tawaatur-e-Amali) is not a condition of Sunnat going into Ruku and getting up therefrom. There is no proof advocating
that this was a continual practise, but there is proof that this practise was
The meaning of Tawaatur-e-Amali is that a certain practise is continued abandoned.
and practised on by a large group of people right from the era of Nabi
(sallallahu alaihi wasallam) and in every subsequent era, until the present The definition of Sunnat (-e-Rasool)
time. Owing to this continual chain, it would be absurd and impossible to
regard them all to be liars. The (worthy of following) statements, actions and discourses of Nabi
(sallallahu alaihi wasallam) are known as Sunnat. As mentioned earlier,
Although there are many such actions which have come to us through Sunnat is the way which is worthy (possible) of being followed.
Tawaatur-e-Amali, like the use of Miswaak, the five Daily Fardh Salaat, Accordingly, the statements and practises of Nabi (sallallahu alaihi
the Rakaats of the Salaat, the sequence of Qiyaam, Ruku and Sajdah, etc., wasallam) should be apparent. Those actions which Nabi (sallallahu alaihi
etc., however to establish any act as a Sunnat, it is not necessary for it to be wasallam) could not carry out in the presence of anyone or where he
Tawaatur-e-Amali. It is stated in a Hadith from Hadhrat Bilal Bin Haarith (sallallahu alayhi wasallam) did not get the opportunity or occasion to
Al Muzani (radhiallahu anhu) that Nabi (sallallahu alaihi wasallam) said, practise upon, are expressly mentioned by him i.e. Nabi (sallallahu alaihi
“He who revives a Sunnat from amongst my Sunnat which has died after wasallam) mentions the validity or virtue of such actions. Those actions
me (my departure), will receive the reward of all those who practise upon which he practised upon also, are (verbally) explained by him. Similarly, if
it, without their reward being diminished in the least…” Nabi (sallallahu alaihi wasallam) witnessed any action taking place (by his
[Tirmidhi/Mishkaat] companions), and he remained silent, is tacit consent and permission that
such an action is allowed and permitted.
35 36
This will apply to all those actions, statements and discourses of Nabi The first connotation of ‘Hadith’
(sallallahu alaihi wasallam) which are possible of being followed. As for
those statements and practises of Nabi (sallallahu alaihi wasallam) which, The account of Nabi (sallallahu alaihi wasallam), his speech, actions and
apparently, are not such that can be followed, or they are such that they are discourses, are known as Hadith. In other words, this is known as the text
not meant to be followed. For example, of Hadith.
Nabi (sallallahu alaihi wasallam) involuntary conditions and circumstances. The difference between ‘Hadith’ and ‘Sunnat’, with regard to this first
These are reported by Nabi (sallallahu alaihi wasallam) himself or the connotation
Sahaabah (radhiallahu anhum). Such things will be regarded as Sunnat in
this manner that to relate these matters are Mustahab and meritorious. Following and imitation is not included in the definition of ‘Hadith’,
whereas this is part of the meaning of ‘Sunnat’. Hence, whereas the literal
Nabi’s (sallallahu alaihi wasallam) prophecies of the future and the definition of ‘Hadith’ and ‘Sunnat’ may be the same, the difference lies in
conditions of Jannat and Jahannum. These will be regarded as Sunnat in the practical application of the two. Those statements, practises and
this way that it is necessary to bring Imaan in this and to report them are discourses of Nabi (sallallahu alaihi wasallam) which are possible to follow
Mustahab and meritorious. are regarded as Sunnat, and these are also included as part of the Hadith,
together with those statements, practises and discourses which are not
Those who do not refer to such things as being part of the Sunnat do so possible of following. In essence, ‘Hadith’ is general, which includes
with this intention that these are such matters which are not possible of Sunnat and non-Sunnat, whereas Sunnat is specific. It is as though, every
following, but they are included as being part of the Hadith. Similarly, Sunnat is part of the Hadith, whilst every Hadith is not part of the Sunnat.
those matters which are special and exclusive to Nabi (sallallahu alaihi
wasallam), are also not included as part of the Sunnat, since they cannot be The second connotation of ‘Hadith’
followed by others, like marrying more than four wives, making Nikah
without Mehr, etc. However, they are part of the Hadith. The combination of the text and chain of narrators are also classified as
‘Hadith’. In view of this connotation, the definition of ‘Hadith’ would be,
Hadith “It is that speech, action and discourse which is attributed to Nabi
(sallallahu alaihi wasallam).” If the chain of narrators is strong, then that
The term Hadith (which literally means ‘new’) is actually the antonym of speech or action of Nabi (sallallahu alaihi wasallam) would be regarded as
‘old’ (qadeem). Its connotation is with speech. This original meaning of the strong, and if the chain of narrators is weak, then the speech or action of
word ‘Hadith’ is kept in the fore when defining it according to the Shariah. Nabi (sallallahu alaihi wasallam) would be regarded likewise. This
The Quràan Majeed is the Speech of Allaah Taàla, which is part of His meaning would include the classification of strong and weak Ahaadith
Qadeem (ever-existent) Qualities. Hence the speech, actions and discourses (plural of Hadith).
of Nabi (sallallahu alaihi wasallam) are ‘Hadith’.
This, however, does not mean that there is doubt in every Hadith, and that
According to the Shariah, the term ‘Hadith’ has two connotations: there is uncertainty as to its acceptance or not. In fact, the Ulama have
properly classified and categorised the Ahaadith subject to certain
principles and regulations, which discern the acceptable Ahaadith from the
unacceptable. The treasury and multitudes of Ahaadith which have been
37 38
compiled, are done so under this second connotation of the word ‘Hadith’. Abdur Rahmaan Bin Mahdi (rahmatullahi alaihi) was asked
This is the means whereby the Ahaadith of Sunnat and ‘Hadith’ according regarding Imaam Sufyaan Thauri, Imaam Auzaaì and Imaam
to the former connotation are discerned. Maalik (rahmatullahi alaihim), he replied that Sufyaan Thauri was
Imaam of Hadith, and not of Sunnat. Auzaaì was Imaam of Sunnat
The verification of the Sunnat is effected by the second connotation of and not Hadith and Imaam Maalik (rahmatullahi alaihi) was Imaam
‘Hadith’ of both Sunnat and Hadith.
Some modernists have specified the Sunnat as a proof and tarnished the 2. Some have considered Sunnat to be a practical demonstration and
honour and status of the Hadith (according to its second connotation) by Hadith to be theoretical. Therefore, they regard the actions of Nabi
averring that there is a possibility of them (Ahaadith) being either (sallallahu alaihi wasallam) to be the Sunnat and his (sallallahu
authentic, weak or concocted. This is a grave error of these claimants, alayhi wasallam)’s speech to be Hadith.
because on the one hand we see this group of people adhering to a set way,
claiming this to be the Sunnat of the Rasool (sallallahu alayhi wasallam). 3. Some have considered the second connotation of Hadith and
We now need to ascertain whether they are true in their claim, because interpreted it in accordance to the actual narration. They have
proof and evidence is required, since there is a possibility that the Sunnat of interpreted it in this way that that speech and actions of Nabi
the Sahaabah (radhiallahu anhum), Tabieen (rahmatullahi alaihim) or the (sallallahu alaihi wasallam) which emanates from him are regarded
Ijtihaad of some Mujtahid is included here (in what they claim to be as Sunnat, and its being narrated is the Hadith.
Sunnat-e-Rasool). Besides the Hadith (according to the second
connotation), there can be no other proof for their claim. They need to Hadith being a source of proof
prove to us, through a reliable chain of narrators that their actions are in
conformity to the speech or practises of Nabi (sallallahu alaihi wasallam). 1. “That which the Prophet brings to you, hold on fast to it, and that
which he prohibits you, abstain therefrom. Fear Allaah. Indeed
Similarly, some have averred that ‘Hadith’ according to this second Allaah is severe in punishment.” [Surah Hashar, Aayat 7]
connotation is known as the history of the Sunnat. However, this is a
deficient definition, because history in itself, does not constitute any proof, Since the statements “that which the Prophet brings to you” and “that
in that, to act contrary to it is impermissible. Contrary to a Hadith which he prohibits you” are general, implies that every injunction and
(according to the second connotation), where the narrators are all reliable, prohibition of Nabi (sallallahu alaihi wasallam) is included here. This
then such a narration would be regarded as a proof, and there is no consent would apply regardless of whether a clear injunction to the effect of Nabi
of the Shariah to act contrary to this. (sallallahu alaihi wasallam)’s injunction or prohibition is included in the
Quràan Majeed, or whether it is not mentioned in the Quràan Majeed at
Other research regarding Sunnat and Hadith all, that is Wahi Ghair Matloo` or whether Nabi (sallallahu alaihi
wasallam) made Ijtihaad based on the opinions of the Sahaabah
1. Since Sunnat-e-Rasool (sallallahu alayhi wasallam) and Hadith (radhiallahu anhum) and this was not rejected or censured by Allah.
according to the latter connotation, have the same meaning, some
have interpreted Sunnat-e-Rasool as Hadith. They have interpreted 2. “Indeed there is for you an excellent example in the Rasool of
the narrations of the Sahaabah (radhiallahu anhum) and Tabieen Allaah, for those who desire Allaah and the Last Day…” [Surah
(rahmatullahi alaihim) as Sunnat. It is for this reason that when Ahzaab, Aayat 21]
39 40
The literal definition of the word, Uswatun Hasanatun, would be an object This is so because, “We have not sent any prophet, except that they be
to be imitated/ followed. Therefore this Aayat indicates that Nabi obeyed, with the Order of Allaah.” [Surah Nisaa, Aayat 64]
(sallallahu alaihi wasallam) is to be followed and obeyed. Another point is
that the word Uswa is used in Arabic terminology for a good and desirous The continuity of Ilm-e-Hadith
thing. It is not used for an evil or bad thing. Hence, by Allaah Taàla’s
coupling the word Hasana with Uswa indicates emphasis of the perfect On the one hand the Quràan Majeed has outlined the necessary mandate of
example to be found in the life of Nabi (sallallahu alaihi wasallam). Nabi (sallallahu alaihi wasallam) as being Ta`leem (teaching) and Tazkiyah
(purification of the soul). “It is He Who has sent to the unlettered, a
3. “O you who believe! Obey Allaah and obey The Rasool and the Prophet from amongst them to recite His Verses to them, to purify them
learned amongst you. If you dispute in any matter, then refer to and to teach them The Kitaab and Wisdom.” [Surah Jumuah, Aayat 2]
Allaah and The Rasool, if you believe in Allaah and the Last
Day…”[Surah Nisaa, Aayat 59] And on the other hand, the Quràan Majeed instructs the Ummat as
follows, “So why is there not from amongst every group amongst them a
In this Aayat, Allaah Taàla does not say “Obey Allaah and The Rasool”, sect who will learn about the Deen so that they may warn their nation when
He says, “Obey Allaah and obey The Rasool”, that is, together with the they return to them, so that they may be aware.” [Surah Tawbah, Aayat
instruction of obedience to Allaah Taàla, the distinct instruction to obey 122]
The Rasool is coupled therewith. In other words, there is a separate and
distinct instruction to obey the Rasool as well as to obey Allaah Taàla. It is Fardh for every individual to learn and acquire that amount of Deeni
education which is necessary, as it is mentioned in the Hadith, “Seeking of
The reason for this is that there is a difference in the two obediences. The (Deeni) knowledge is Fardh upon every Muslim.”
reality of obedience to Allaah Taàla comprises accepting and complying to
the divine injunctions, whereas obedience to The Rasool comprises of not The Quràan Majeed makes conspicuous the status of Nabi (sallallahu
merely accepting and complying to the prophetic injunctions, it also alaihi wasallam) as being the Teacher of the Ummat and that every nation
includes total compliance and imitation of the actions, character and traits or tribe must have a group of its people learn and inculcate the Deeni
of the Prophet (sallallahu alayhi wasallam), as far as is possible. This is teachings. They should acquire this Deeni teachings from Nabi (sallallahu
also what is known as Ittibaa-e-Sunnat (following the Sunnat). This is the alaihi wasallam) and remain with him, learn from him and inculcate the
one way of acquiring and attaining the Love and proximity of Allaah same into their lives, so that they may return to their respective people and
Taàla. impart what they have acquired from the Spring of Nubuwwat.
In this regard, Allaah Taàla says, “Say (O Nabi - sallallahu alaihi It is established from this Aayat by virtue of Dalaalatun Nass (Explicit
wasallam!) If you love Allaah, then follow me, Allaah will love you and He indication of Quràanic text) that this succession of Ta`leem and Tazkiyah
will forgive your sins.” [Surah Aale Imraan, Aayat, 31] must continue in an unbroken sequence until the Day of Qiyaamah. In
every era there must be a group of persons who will learn the teachings of
Obedience to Rasulullaah (sallallahu alayhi wasallam) is in reality Nubuwwat and convey the message on to others.
obedience to Allaah Taàla. “He who obeys The Rasool has indeed obeyed
Allaah.” Although the word ‘unlettered’ in the Aayat refers to the inhabitants of
Makkah Mukarramah, there is no contradiction, since most of the
41 42
inhabitants at that time were unlettered and unlearned people. So since, the As literacy increased amongst the Muslims, the compilation of Ahaadith
nation to whom Nabi (sallallahu alaihi wasallam) was sent were such that became common and started spreading. During the era of the Tabieen,
they did not know how to read or write, his teachings were conveyed to Hadhrat Imaam Zuhri (rahmatullahi alaihi) compiled a detailed and
them by way of recitation and practical example. Those who learnt from voluminous work on the Ahaadith of Nabi (sallallahu alaihi wasallam) and
him (sallallahu alayhi wasallam), also relayed the message onto others by the narrations of the Sahaabah (radhiallahu anhum) on the order of Hadhrat
virtue of this same method. Umar Ibn Abdil Azeez (rahmatullahi alaihi).
Kitaabs being compiled and Deeni knowledge preserved therein is one There was also a treasure of Ahaadith recorded and in the possession of
method of safeguarding this knowledge for the coming generations, even Imaam Abu Hanifah (rahmatullahi alaihi).
though there may not be any Aalim or practical example thereof.
Nevertheless, the compilation of Kitaabs is not the only way of preserving The compilation of Kitaabs of Imaam Muhammad and Abu Yusuf
and conveying the message to the coming generations. To bring the (rahmatullahi alaihima) are also quite famous. And then during the era of
injunctions into practise and to be steadfast in all these Sharì laws is a very the Tabè Tabieen, even more Kitaabs came into existence and were
strong and effective means of conveying the message. compiled, like Muwatta Imaam Maalik, Muwatta Imaam Muhammad,
Abdullah Bin Mubaarak, etc., etc.
This is verified in the Quràan Majeed, and it is not contrary to the intellect
or experience. This is especially the case since learning and teaching Deeni The types of Ahaadith
knowledge is not a voluntary and optional thing. It is an obligatory
injunction (Fardh-e-Kifaayah) upon all generations. The speech, actions and discourses of Nabi (sallallahu alaihi wasallam) are
known as Hadith.
Notwithstanding this, some Sahaabah (radhiallahu anhum) were literate and
they would write down and record the teachings learnt from Nabi If the Sahaabah (radhiallahu anhum) saw Nabi (sallallahu alaihi wasallam)
(sallallahu alaihi wasallam). Nabi (sallallahu alaihi wasallam) would grant doing anything or heard anything emerge from his blessed lips, then for
full support for this. For example, Hadhrat Abdullah Bin Amar Bin Àas them this was certain and absolute proof, since for them, in this, was
(radhiallahu anhuma) compiled a voluminous work during the lifetime of absolutely no doubt of it being Hadith.
Nabi (sallallahu alaihi wasallam), which he named Saadiqah.
When the Sahaabah (radhiallahu anhum) in turn narrated to others what
A person by the name of Abu Shah Yemeni desired to have one of Nabi they heard or saw Nabi (sallallahu alaihi wasallam) doing, then this was
(sallallahu alaihi wasallam)’s Khutbahs, and Nabi (sallallahu alaihi their relating of the Hadith. And then, when the Tabieen in turn, narrated to
wasallam) instructed the Sahaabah (radhiallahu anhum) to write it down for others that they heard or saw a certain Sahaabi (radhiallahu anhu) executing
him. a certain act, then this is a narration of a Tabièe (rahmatullahi alaihi) from
the Sahaabi (radhiallahu anhu).
Hadhrat Abu Bakr Bin Hazam (radhiallahu anhu), the governor of Yemen,
had the laws of Zakaat written down on two pages, these are but a few of Similarly, if a Tabè Tabièe or anyone thereafter narrates from those prior
many examples. to them, then this is the Khabar (narration/information) of that respective
narrator.
43 44
The effect and blessing of the companionship and presence of Nabi Hadith-e-Mutawaatir
(sallallahu alaihi wasallam) was such that every Sahaabi (radhiallahu anhu)
was just and reliable. There was possibility of their committing sins Proof: There are various instances in the Quràan Majeed where Allaah
occasionally, but not of any of them being continuously involved in sin. It Taàla brings the attention to the fact that by mutawaatir, a knowledge of
is for this reason that if any of them narrated a Hadith from Rasulullaah certainty is achieved. For example,
(sallallahu alayhi wasallam) to one another or to the Tabieen, then we have
absolute certainty that their narration is true and reliable. 1. “Did you not see how your Rabb dealt with the people of the
elephants?”
There are various types of narrations. For example, if some particular
matter is being reported by so many persons and narrators, that the listener 2. “Did you not see how you Rabb dealt with (the nation of) Aad?”
is certain of it being true and there is no possibility to label this entire group
of narrators as liars or that they are in error. Such a narration is known as Since the information of these incidents had spread amongst the Arabs by
Khabar-e-Mutawaatir. Such a narration, if it is reported through numerous Tawaatur, hence they are well aware of its occurrence, such that it is
eras, nevertheless, the condition for it being mutawaatir is that in every era, spoken of as though they have actually seen it.
the narrators thereof must be so many that there remains no doubt as to its
authenticity. The types of Mutawaatir
If however, the narrators of a Hadith are not many but just a few, where 1. Mutawaatir Isnaad – This is where a certain Hadith was
there can be a doubt created that they could all be mistaken or even lying, reported in every era to such a large extent that it is impossible
then such a narration is known as Khabar-e-Waahid. If a narration was to claim that they were all lying. There are many such Ahaadith,
classified as Mutawaatir through a few eras and then in any one or more for example, “He who speaks a lie against me (i.e. attributing
eras there were only a few narrators, where there was no compulsion to something falsely against Nabi - sallallahu alaihi wasallam), is
accept all their authenticities, then such a narration will no longer remain as preparing his place in The Fire.” This Hadith was reported by
Mutawaatir. If however, the few narrators are all of such a category that 62 Sahaabah (radhiallahu anhum). This number (of narrators)
they are reliable and trustable, that they cannot be discounted as liars, or had increased in all the subsequent eras.
there may be a small possibility of some of them misunderstanding or
forgetting, then too, such a narration should not be taken lightly and 2. Mutawaatir-e-Tabqa – This is such a Hadith, where in every
discounted altogether. place, an entire sector of the Muslim community learns it,
memorises it and teaches it to the subsequent generation. This
In summary, with regard to the number of narrators, Ahaadith are classified sequence has continued right from the time of Nabi (sallallahu
into two categories: alaihi wasallam) until the present day. The continuity of the
Quràan Majeed is an example of this. Wahi, whether it be
(1). Mutawaatir Kitaabi or Ghair Kitaabi, all of it emanates from the blessed
lips of Nabi (sallallahu alaihi wasallam).
(2). Khabar-e-Waahid
3. Mutawaatir-e-Amal and Mutawaatir-e-Tawaaruth – This is
where a certain practice has been adhered to from the time of
45 46
Nabi (sallallahu alaihi wasallam) until the present day, by such a

large group where it cannot be said that they are all liars or in 2. A strong (overwhelming) presumption – “Why did the believing
error. For example, the use of the Miswaak, the five daily men and women not have a strong presumption of good
Salaat, the fasts of Ramadhaan, Hajj and Umrah, Zakaat, the amongst themselves when they heard it.” [Surah Noor, Aayat
Rakaats of the Fardh Salaat and its comprising of Qiyaam, 12]
Ruku, Sajdah, etc.
3. Useless and vain suspicions – “O you who believe, save
4. Mutawaatir Qadr-e-Mustarak – This is where there are yourselves from much (stray) thoughts/suspicions, indeed some
numerous narrations and in each narration there is a different suspicions are sinful.” [Surah Hujaraat, Aayat 12]
story, but each of these stories comprise one subject. For
example, there are numerous incidents reported regarding the “And they have not any knowledge (regarding it), they follow
various miraculous acts of Nabi (sallallahu alaihi wasallam) and nothing except stray thoughts, and indeed stray thoughts do not
theses have reached the level of Tawaatur. Even though in each benefit the truth in the least bit.”
narration a different miracle of Nabi (sallallahu alaihi wasallam)
is being reported, nevertheless, all of them have in common the Note: Those stray thoughts and suspicions which have no proof to support
fact that miracles had issued forth from the hands of Nabi them, are rejected and the Shariah grants absolutely no consent to harbour
(sallallahu alaihi wasallam) and this fact is corroborated by and follow such thoughts. However, to follow a strong presumption is
Tawaatur. encouraged. When the Fuqahaa say that a certain Hadith is Mufeeduz Zann
then they are implying that it is not a useless and unsubstantiated narration,
Khabar-e-Waahid in fact, there is a strong presumption that this narration is true and
authentic.
It is that Khabar or Hadith, where the narrators in all the eras or some of
the eras or in any one era are less than those of Tawaatur, whether it be Through what proof is there a strong presumption that a Khabar-e-
one, two three or more. If the narrator/s are reliable and honest persons, Waahid is a Hadith
then the listener should entertain an opinion (hold a strong presumption) of
reliability for that narration. It is for this reason that Khabar-e-Waahid is It has been mentioned above that if the narrators are established to be
known as Daleel Zanni (i.e. there is an overwhelming inclination in the pious, honest and reliable, and whether they are one or two, or three or
mind to accept the narration). When a Khabar-e-Waahid can be certified as four, then there will be a strong presumption that their narration is true and
being positive, then it can be used as a certain and strong proof. reliable. This will even be so if from an information point of view the
narration may be true or false. The reliability and integrity of the narrators
The use of the word ‘Zan’ (presumption) is a proof that the narration is almost certainly true. That is, their integrity
lends support to a strong presumption that the narration is true.
The word ‘Zan’ is used in three contexts in the Quràan Majeed,
Similarly, when someone reports or narrates that Nabi (sallallahu alaihi
1. Certainty – “And indeed that (Salaat) is heavy, except upon the wasallam) said such and such, then the Muhadditheen inspect the proof of
fearful ones, those who are certain of meeting their Rabb, and its authenticity.
that they will be returned to Him.” [Surah Baqara, Aayat 46]
47 48
This proof is sought from two angles, b. It must not be contrary to any Sunnat-e-Mutawaatirah.
c. It must not be contrary to any Ijma-e-Qatì (absolute
One is regarding the integrity of the narrator and the second is regarding consensus).
the subject matter of the narration itself. d. It must not be impossible according to rational reasoning.
e. It must not be contrary to the general ruling of the Shariah and
Regarding the integrity of the narrator the accepted decrees.
f. It should also not be such an issue being discussed in the
Prior to the Muhadditheen accepting a Hadith from any narrator, there is a narration which is binding upon all Mukallifeen (sane, adult
precondition that he embodies the following qualities: Muslims), and where there can be no reason for not having
knowledge thereof, whereas the narrators of this Khabar are
a. He must be truthful – throughout his life he must never very few.
have spoken any lie regarding any Hadith of Nabi
(sallallahu alaihi wasallam). The crux of the matter is that when all these conditions are met and
fulfilled, then we are certain that we have a proper and reliable source of
b. He must be of sound mind – i.e. he must not be stupid proof with us, and as such this Hadith would be necessary to accept and
or dense in the mind that he does not err in practise upon.
understanding the Hadith.
Khabar-e-Waahid being a proof in the Shariah
c. He must have a good memory – he must not have
excessive forgetfulness, doubts and misgivings. 1. “Oh you who believe, if a faasiq (sinner/transgressor) comes to
you with any news/information, then verify it.” [Surah Hujaraat,
d. He must be reliable and pious – he must not be a faasiq Aayat 6]
(sinner), faajir (open-sinner) or immoral person.
From this Aayat we gauge that if a reliable and honest person brings any
e. He must be a cautious and prudent person – in news/information, then it should be accepted. We also understand this
narrating and relating any Hadith he must not have a much that if a sinner brings any news, then this must not be discounted in
careless and easygoing attitude. toto, but rather it should be verified and investigated. If after, investigation,
it appears to be true, then it can be accepted. If a Khabar-e-Waahid was not
f. He must be well-known and not a non-entity – i.e. worthy of consideration, then there would be an instruction to reject it
insofar as his knowledge, piety, reliability and memory instead of an investigation.
is concerned.
2. “Why is there not from every nation a group that learns and
Regarding the subject matter of the Hadith understands the Deen so that they may warn their nation when
they return to them so that they may be saved.”[Surah Tawbah,
The following factors are taken into consideration with regard to the Aayat 122]
subject matter of the narration:
a. It must not be contrary to any Quràanic text.
49 50
The word ‘Taaìfah’ refers to a part of a whole. It could apply to one Hadith-e-Hasan
person upto an entire group. Hence it is ascertained from this Aayat that it
is Fardh upon every nation that if one person or a group from amongst This type of Hadith also conforms to all the conditions listed above for a
them, teaches them the Deen, then they must accept it. Hadith-e-Saheeh, except that the memory of its narrators are comparatively
weaker.
3. “Why do they not bring forth four witnesses? Thus if they did
not bring any witnesses, then in the Sight of Allaah, they are Hadith-e-Mursal
liars.” [Surah Noor, Aayat 18]
A Mursal Hadith from the best of the eras, Sahaabah, Tabieen and Tabè
In order to establish an accusation of adultery, four witnesses are necessary. Tabieen, are also accepted. This is that Hadith of Nabi (sallallahu alaihi
It is as though the testification of four persons is a Khabar-e-Waahid, and wasallam) which a Sahaabi, Tabièe or Tabè Tabièe narrates, without
that their word cannot be refuted as lies or that they are all under a mentioning his source when narrating. That is, he quotes the Hadith as if he
misconception. heard it directly, by saying, “Nabi (sallallahu alaihi wasallam) said, ‘…’”
The types of Khabar-e-Waahid Hadith-e-Ghair Maqbool is of two types,
We have mentioned before that if the narrators of a Khabar do not Hadith-e-Maudoo`

constitute a large group in every era, then that is termed as a Khabar-e-
Waahid. Based on the qualities which are to be found in the narrators, This is that Hadith which someone concocted and attributed to Nabi
Khabar-e-Waahid is divided into two types, (sallallahu alaihi wasallam).
1. Hadith-e-Maqbool, and 2. Hadith-e-Ghair Hadith-e-Daèef

Maqbool
This is that Hadith which does not even conform to the conditions of a
Hadith-e-Maqbool is further divided into three types, Hadith-e-Hasan.
Hadith-e-Saheeh Important notes
According to the classification of the Muhadditheen, a Hadith-e-Saheeh is Those reasons which render a narration apparently weak (Daèef), may
that Hadith where the narrators in every era are mentioned, and that every also, at times, reach a status of authenticity. A certain Hadith which in
one of them is Aadil (i.e. Muslim, pious, and one who abstains from vain relation to its chain of narrators (Sanad), may be classified as weak, but in
and useless talk), with excellent memory, he must not have any latent fault other respects it reaches the level of saheeh, for example,
and the narration must not be such that it is contrary to an established
authentic Hadith. (i). If a Mujtahid uses any Hadith as a proof for substantiating a ruling
formulated by him, then his making that Hadith a proof renders that Hadith
as saheeh. Even though a Mujtahid may not mention the reasons for the
Hadith being saheeh, but if he is truly a Mujtahid, then he would never cite
51 52
a weak Hadith as a proof. In fact, it would be such that according to the regarding a narrator, where some vouch for his reliability and others
research of that Mujtahid, the Hadith is not weak. It is stated by Ibn against. (In such a case) This Hadith will be classified as Hasan.”
Humaam (rahmatullahi alaihi), “If a Mujtahid cites as a proof any Hadith,
then according to him it is saheeh.” (v). Authentic Ahaadith are not restricted to Bukhari and Muslim
Shareef. There are many other Kitaabs of Ahaadith. Imaams Bukhari and
“Abul Hasan Bin Hasaar states in ‘Taqreebul Madaarik Ala Muwatta Muslim (rahmatullahi alaihima) have not compiled all the authentic
Maalik’, ‘A Faqeeh would know the authenticity of any Hadith, as long as Ahaadith. In fact, they have only selected a limited number of authentic
there is no liar amongst the narrators (of a Hadith), he (the Faqeeh) would Ahaadith in their respective compilations.
then verify the Hadith with an Aayat of the Quràan Majeed, or some
principle of the Shariah. Based upon this he would accept it and practise Imaam Nawawi (rahmatullahi alaihi) reports, “It has been reported from
thereupon.”[A`laa-us-Sunan, page 38] Bukhari, that he said, ‘I memorised 100 000 Saheeh Hadith and 200 000
non-saheeh Ahaadith.” [Taujee-un Nadhar, page 93]
(ii). When the Ulama have accepted (authenticated) a Hadith, either by
speech or action, then such a narration would be deemed as Mutawaatir. “It has been reported from Bukhari that he said, ‘I have not compiled in my
“Ibn Abdul Barr states in ‘Istizkaar’, from Imaam Tirmidhi (rahmatullahi Kitaab, Al-Jaamì’ except that which are saheeh and I have omitted quite a
alaihi) that Imaam Bukhari (rahmatullahi alaihi) had authenticated the few other Saheeh (Ahaadith), for fear that my Kitaab would become too
Hadith, ‘The ocean, its water is pure’. Even though, the other voluminous.” [Taujee-un Nadhar, page 91]
Muhadditheen do not regard as authentic this chain of narrators (of this
Hadith), but in my opinion this Hadith is authentic, because the Ulama “It has been reported that once when Imaam Muslim (rahmatullahi alaihi)
have indicated its acceptance.” was reprimanded on compiling a Kitaab with only Saheeh Ahaadith, that
this is an opening for the Ahle Bidàh in that if any Hadith is cited in
(iii). When a weak Hadith is related from various chains, then owing to refutation of their actions, then they will argue that it is not in this Kitaab
this unity, it will attain the level of saheeh and constitute a proof. It is (Muslim Shareef), hence it is not saheeh. Imaam Muslim (rahmatullahi
stated on page 49, in A`laa-us-Sunan, “If a weak Hadith has numerous alaihi) replied, ‘When I compiled this Kitaab I said that it contains saheeh
chains (of narrators), even one other chain, then owing to this Ahaadith. I did not say that whatever is not contained here is not saheeh.’”
commonness, it reaches the level of Hasan, and can be cited a s proof.”
“Imaam Muslim (rahmatullahi alaihi) mentioned in his Saheeh, ‘It is not
Nevertheless, this principle can only be applied to that weak Hadith where such that everything that is Saheeh according to me, is included in this
the reason for weakness is the memory of the narrator/s, but he is truthful Kitaab.’” [Fathul Mulhim, page 44, vol.2]
and pious.
(vi). The four Imaams of Fiqh, Imaams Abu Hanifah, Shafee, Ahmad
(iv). If there is a difference of opinion regarding the narrators or the Ibn Hambal and Maalik (rahmatullahi alaihim) were great Faqeehs and all
Hadith, where some aver Tahseen (i.e. they classify it as saheeh), and of them were also counted amongst the illustrious Muhadditheen. These
others vouch for its being weak. In such a case, this Hadith would be four were there a long time before Imaam Bukhari and Muslim
classified as Hasan. “If there is a difference of opinion in a Hadith. Some (rahmatullahi alaihima). They also had by them a treasure of Ahaadith,
state it to be Hasan or saheeh, whilst others say it is weak. This Hadith will hence the Fiqhah of all of them were totally independent of the Kitaabs of
(then) be (classified as) Hasan. Similarly if there is a difference of opinion Imaam Bukhari and Muslim (rahmatullahi alaihima).
53 54
An important clarification: How can there be hundreds of thousands CHAPTER FOUR

of Ahaadith?
IJMA-E-UMMAT (CONSENSUS OF THE UMMAT)
The statement of Imaam Bukhari (rahmatullahi alaihi) that he had
memorised 100 000 saheeh Ahaadith, and his Kitaab ‘Al-Jamius Saheeh’ Lexicographic definition
only contains 9082 Ahaadith, including all sorts of narrations and repeats,
and the total number of Ahaadith reported from Nabi (sallallahu alaihi The literal meaning of Ijma is to be unanimous/unified. According to the
wasallam) only go in the thousands, what then is the status of all the other literal definition, to be unanimous/unified and Ijma is the same thing.
Ahaadith?
Sharì meaning
The answer lies in the terminology of the Muhadditheen. When one thing is
heard from ten different sources, for example, if Zaid says something to ten In the Shariah, the meaning of Ijma is as follows:
different persons and these ten persons relate this to you, then according to “Ijma is the unanimity of all the Fuqahaa Mujtahiddeen of one era on a
the Muhadditheen, you have heard ten things. This is so because the subject single Sharì ruling, after the demise of Nabi (sallallahu alaihi wasallam).”
matter and the ten different sources are all listed down, resulting in ten
different narrations. Ahaadith are also classified in this manner, where one Ijma being a proof
Hadith may have been related via ten chains of narrators, so in Hadith
terminology, this is counted as ten Ahaadith. Ijma constituting a valid Sharì proof, is also corroborated by the Quràan
Majeed and the Hadith.
Besides this, many Muhadditheen also regard the speech practises and
conditions of the Sahaabah (radhiallahu anhum) as Hadith. Hence, 1. “He who opposes the Rasool after Guidance was made
according to them, besides the Ahaadith-e-Nabawi, the speech, actions and apparent to him, and he treads the path other than that of the
conditions of the Sahaabah (radhiallahu anhum) are also included amongst believers, (then) We will leave him to do as he pleases (in this
Ahaadith. Since there was a great number of Sahaabah (radhiallahu world), and (in the Aakhirah) We will fling him into Jahannum,
anhum), their speech and conditions are also many. an evil abode.” [Surah Nisaa, Aayat 115]
In this way, the number of Ahaadith have reached hundreds or thousands. It has been deduced from this Aayat, that the same fate which awaits one in
the Aakhirah, who opposes Nabi (sallallahu alaihi wasallam), will befall
those who tread the path other than that of the agreed upon path of the
believers. From this we understand that to oppose the agreed upon
decisions (Ijma) of the Ummat is a grave sin.
2. “And similarly, We have made you a moderate Ummat.” [Surah

Baqara, Aayat 243]
From this we understand that the unanimous speech and practises of this
Ummat, are all, in the Sight of Allaah Taàla, correct and on Haqq. If the
55 56
entire Ummat were united on an incorrect matter, then there would be no Quràan Majeed and Sunnat. The object is that every Ijma must be based or
reason for Allaah Taàla saying that this Ummat is on a moderate path. sourced from some valid Sharì source, which is termed Sanad-e-Ijma.
3. It is stated in a Hadith, that Nabi (sallallahu alaihi wasallam) Question: Since every Ijma is based upon the Quràan Majeed, Sunnat or
said, Qiyaas, what then is the benefit (or speciality) of it?
“Indeed Allah Taàla will not unite this Ummat”, or he said, Answer: There are two benefits of Ijma:
“The Ummat of Muhammad, on deviation. The Hand
(assistance) of Allaah is on the Jamaat and he who slips away One is that if any ruling based on Quràan Majeed, Sunnat or Qiyaas is
(from the Jamaat) slips into Jahannum.” Zanni (not absolute), then Ijma will render such a ruling absolute and
binding, whereafter no Faqeeh will have any scope to differ therewith.
4. Imaam Sha`bi (rahmatullahi alaihi) states, “Hadhrat Umar And if such a ruling was absolute before, then Ijma will add on and
(radhiallahu anhu) wrote to (Qaadhi) Shuraih that he decree strengthen its absoluteness.
according to what is in the Kitaab (Quràan Majeed). ‘If any
matter comes before you which is not in the Quràan Majeed, The second benefit of Ijma is that whatever proof it is based on, the
then you should decree according to the practise of Rasulullaah forthcoming Ummat will not have to delve into or contemplate over this
(sallallahu alayhi wasallam). If any matter comes before you proof. It will now be sufficient for them to rely on this Ijma and proffer that
which is neither in the Quràan Majeed nor the Sunnah of this ruling was reached by consensus of the Mujtahiddeen of a certain era.
Rasulullaah (sallallahu alayhi wasallam), then look at what the Upon what proof have they based this consensus of theirs? There is no need
people (Ulama) have united upon. If any matter presents itself for the forthcoming Ummat to know this.
to you regarding which no one has spoke about before, then
decree what is best according to you from the two choices. You A few examples of Sanad-e-Ijma
can choose either to go ahead (with whatever decision you
arrive at) or you may choose to hold back (and consult with the 1. An Ijma on a famous Fiqhi masàlah is the Hurmat
learned ones prior to making a decision). I would prefer for (impermissibility) of marriage to one’s paternal and maternal grandmother
you, in such matters to opt for the latter.” and granddaughter. Those who reached this consensus did so based upon
the Aayat, “Haraam upon you (for marriage) is your mothers and
Note daughters” [Surah Nisaa, 22]. Hence this Aayat becomes the Sanad-e-Ijma
for this masàlah. Although this Fiqhi ruling is deduced from this Aayat,
Ijma being a Sharì proof does not mean that those who reach the because the term “Mothers”, includes grandmothers and the term
consensus are such people who, Nauthubillaah, have reached their decision “Daughters” includes granddaughters, nevertheless, this ruling is not
by means other than the Quràan Majeed and Sunnat. It cannever be a absolute and fully conclusive, because the term “mothers” could be taken
matter where they separate themselves from the Quràan Majeed and the to mean only one’s real mother and not maternal and paternal
Sunnat and make whatever they please Halaal or Haraam. Ijma is grandmothers. Similarly, the term “daughters” could be taken to mean
considered valid when it is sourced from some Quràanic Aayat, Sunnat-e- only one’s real daughters and not granddaughters. Therefore, based upon
Nabawi or Qiyaas which has been based on principles extracted from the this possibility and ambiguity, a Mujtahid could aver that marriage to
grandmothers and granddaughters is not haraam. Now since there is
57 58
consensus (Ijma) on this ruling, it has become absolute and binding, ruling, because Qiyaas is a Daleel-e-Zanni. Nevertheless, since in some
whereafter no further discussion could be entertained regarding this matter. era, all the Mujtahiddeen have reached a consensus on this Qiyaas,
therefore, this now becomes an absolute proof in the Shariah. There now
2. An example of Ijma which has been sourced from the Sunnat is the remains no scope for any Mujtahid to differ thereupon.
masàlah where it is not permissible to sell an edible item, prior to the seller
having taken ownership of the goods first. The Sanad-e-Ijma for this The types of Ijma
masàlah is the statement of Nabi (sallallahu alaihi wasallam), “Whosoever
buys edible items, cannot sell it until he has taken ownership thereof.” Basically there are three types of Ijma; (1) Ijma-e-Qowli, (2) Ijma-e-Amali,
(3) Ijma-e-Sukooti.
This ruling is clear and apparent from the Hadith, but this Hadith is a
Khabar-e-Waahid. Therefore, based on this (that the Hadith is a Khabar-e- These three are explained hereunder:
Waahid), there remains a doubt in this ruling and at the most it is a Zanni
ruling and not absolute. 1. Ijma-e-Qowli is where in any one era, all those who are worthy
of making Ijma, agree unanimously upon a Deeni masàlah by
But now that there is consensus (Ijma) on this masàlah, this zanniyat way of speech. For example, all the Sahaabah (radhiallahu
(possible doubt) is removed and the ruling becomes absolute. anhum) agreed to the Khilaafat and took baìt (pledge of
allegiance) at the hands of Hadhrat Abu Bakr (radhiallahu
3. An example of Ijma from a Qiyaas can be found in this masàlah anhu).
where usury is also found in rice. That is, if rice is exchanged for rice, then
credit is haraam and so too is disparity in quantities. A hand-to-hand 2. Ijma-e-Amali is where in any one era, all those who are worthy
exchange is necessary for the validity of such a sale and it is imperative of making Ijma, agree unanimously upon a Deeni masàlah by
that the quantities (weights) of both the rice which is to be exchanged is way of action. If all those worthy of making Ijma
equal regardless of the quality and type of the rice. If there is credit in this (Mujtahiddeen) regard any action as permissible, then such an
sale or disparity in the quantity on either side, then it will be regarded as act is regarded as permissible by way of Ijma. That action which
usury, hence haraam. is established by way of Ijma is only regarded as being
permissible, Mustahab or Masnoon, it cannot be said to be
In this masàlah, the Sanad-e-Ijma is Qiyaas. The explanation of this is as Waajib, unless such a reason can be found which would render
follows, Nabi (sallallahu alaihi wasallam) had mentioned regarding six it Waajib. The four Sunnat before the Zuhr Salaat are regarded
things, (gold, silver, wheat, barley, dates and salt), that if any of these are as Sunnat-e-Muakkadah, by virtue of the Sahaabah (radhiallahu
exchanged for the same type, then there should be no credit or disparity in anhum) practising upon it with rigidity.
quantities, otherwise it will be considered as usury. These six items are
clearly mentioned in the Hadith, whereas no mention is made of rice. Those Note: These two types of Ijma are regarded by all Fuqahaa as being a valid
who have reached an Ijma on this masàlah have made Qiyaas based on proof in the Shariah.
these six items and said that rice is also included in this ruling.
3. Ijma-e-Sukooti is where in any one era some Mujtahiddeen
Had there not been Ijma of all the Mujtahiddeen on this ruling, then there agree on a certain masàlah by way of practise or speech, and
would always remain the doubt as to the absolute effectiveness of this this ruling of theirs becomes well-known, but the balance of the
59 60
Mujtahiddeen in that same era, notwithstanding having the There exists one other type of Ijma after those mentioned above. This is
opportunity to reflect and research this particular masàlah, opt where the Ijma of a certain era is transmitted to the following era/s either as
for silence and they do not openly oppose the ruling. Tawaatur or as Khabar-e-Waahid. There will be a difference in the ruling
of each of these.
Note: There is a difference of opinion amongst the Ulama regarding this
type of Ijma. Imaam Ahmad, most of the Ahnaaf and some of the Shaafees Naqal-e-Ijma
accept this type of Ijma as being an absolute proof in the Shariah.
The Ijma-e-Amali and Ijma-e-Qowli of the Sahaabah (radhiallahu anhum)
The levels of Ijma which in themselves are absolute proofs in the Shariah, if they reach us as
Tawaatur or Khabar-e-Waahid, then they will remain as absolute proofs
With regard to the personalities who make Ijma, it is categorised into three and anyone who refutes them will be classified as kaafir. However, if it
levels, reaches us a Khabar-e-Waahid or any such reliable source, then it will no
longer remain as an absolute proof, but rather its effectiveness will be like
1. The strongest and highest stage of Ijma is that which has been that of a Khabar-e-Waahid, which is Daleel-e-Zanni. Sharì rulings may be
agreed upon by way of speech or practise by the Sahaabah formulated therefrom, but the rejecter thereof will not be kaafir.
(radhiallahu anhum). There is unanimity of the entire Ummat
upon this being an absolute proof in the Shariah.
2. The second level is that of the Ijma-e-Sukooti of the Sahaabah

(radhiallahu anhum). Although the majority of Ahnaaf and other
Ulama regard this as being part of the absolute proof in the
Shariah, nevertheless, the negator of this will not be classified
as a kaafir because there exists a difference of opinion in this
(i.e. it forming part of proof in the Shariah), by Imaam Shaafi
(rahmatullahi alaihi) and others.
3. The third level of Ijma is that Ijma which was reached by the
Fuqahaa of an era after the Sahaabah (radhiallahu anhum). This
is also regarded by the majority as a proof in the Shariah, but it
is not absolute (Qatì) proof. The reason for this is that there
exists those who do not accept the Ijma of anyone else other
than the Sahaabah (radhiallahu anhum) as a proof in the
Shariah, and because of this difference in opinion, this will not
be regarded as an absolute proof. The crux is that, one who
negates such an Ijma as being a proof in the Shariah, will not be
classified as a kaafir.
61 62
CHAPTER FIVE After contemplating upon this Hadith, the Mujtahiddeen have deduced that
the reason for the non-inheritance of the murderer is that he sought to
QIYAAS facilitate his inheritance by committing murder, and this led to his being
deprived altogether. Hence, the ruling in the Hadith is given based on the
Definition causative factor being an attempt at facilitating a thing before its due time.
The Mujtahiddeen have applied this same rule to that person who has been
To transcribe (convert) an original (Asal) ruling (i.e. something which bequeathed something and he murders the one who made the bequest. Just
appears in the Quràan Majeed or Hadith) into a subsidiary (Furù) ruling, as the inheritor is deprived of his inheritance owing to his committing
based on such a causative factor which is common between the Asal and murder, so too is Qiyaas made regarding one who murders another who
Farà, and is not found in common terminology. This is known as Qiyaas. had bequeathed him/her something, that he too is deprived of receiving his
bequeathed item.
Examples of Qiyaas
In this example, the Asal is the inheritance of the murdered, the bequest of
1. Regarding the Hurmat (impermissibility) of drinking alcohol, the one who made the bequest is the Farà, the Illat is seeking a thing
the Aayat of the Quràan Majeed is explicit, “Indeed alcohol, before its due time and the ruling is the deprivation of the murderer of that
gambling, ‘ansaab’ and ‘azlaam’(types of gambling- games of thing (which he sought to facilitate).
chance) are filth, from amongst the practises of shaitaan, hence
abstain therefrom.” [Surah Maaìdah, Aayat 90] The fundamentals of Qiyaas
The Mujtahiddeen have contemplated over the Illat (causative factor) of the A fundamental (Rukn) of a thing is that integral/constituent part, without
impermissibility of alcohol and have deduced it to be intoxication. The which that thing cannot exist. Like the Arkaan (plural of Rukn) of Salaat,
ruling regarding alcohol is found in both, the Quràan Majeed and Hadith. Qiyaam, Qiraat, etc. From the above discussion it has been established that
Now what is the ruling regarding all others intoxicants – are they there are four fundamentals of Qiyaas.
permissible or not? After contemplation, the Mujtahiddeen have found the
same causative factor of intoxication in the other intoxicants as well, hence 1. Asal – that is, the ruling which is mentioned in the Quràan
they have applied the same ruling of impermissibility to these items as Majeed or Hadith.
well. Just as alcohol is impermissible, so too have they transcribed this 2. Farà – The ruling of that thing which is not found in the
ruling which is also applicable to other intoxicants. Quràan Majeed or Hadith.
3. Illat (causative factor) – That is the quality or reason which, in
In this example, alcohol is the Asal, other intoxicants are Farà, the opinion of the Mujtahid is the case for the Asal ruling and
impermissibility (Hurmat) is the ruling and intoxication is the causative which is also found in the Farà.
factor (Illat). 4. The ruling which is applicable to the Asal, and which is now
being applied to the Farà.
2. It is mentioned in a Hadith, “The murderer does not inherit (in
the estate of the murdered).” Qiyaas being a proof
The proofs for Qiyaas forming a part of Sharì proof is the following:
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that.’ Rasulullaah (sallallahu alayhi wasallam) then said, ‘what

1. When Nabi (sallallahu alaihi wasallam) was despatching then are you concerned about.’” [Ahmad/Abu Dawood]
Hadhrat Maàaz (radhiallahu anhu) to Yemen, then the Taking water into the mouth is an initial act of drinking, and
following conversation took place between them, “Nabi kissing is the preliminary to intercourse. By rinsing the mouth
(sallallahu alaihi wasallam) asked, ‘What will you do when you and not allowing the water to enter the throat will not affect the
are faced with a dispute?’ Hadhrat Maàaz (radhiallahu anhu) fast. In this way, Rasulullaah (sallallahu alayhi wasallam) made
replied, ‘I will rule according to what is the Kitaab of Allaah.’ Qiyaas upon this and deduced that kissing will not break the
Nabi (sallallahu alaihi wasallam) asked, ‘If it is not in the fast.
Kitaab of Allaah?’ He replied, ‘Then in the Sunnat of the
Rasool of Allaah.’ Nabi (sallallahu alaihi wasallam) asked, 4. “Hadhrat Umar (radhiallahu anhu) consulted with others
‘What if it is not in the Sunnat of the Rasool of Allaah?’ He regarding the penalty for drinking alcohol, and said that by
replied, ‘I will then make Ijtihaad in my opinion and I will not drinking alcohol people become involved in vice. Hadhrat Ali
be deficient therein.’ He says, ‘Nabi (sallallahu alaihi (radhiallahu anhu) said, ‘When an alcohol consumer drinks
wasallam) struck my chest and said, ‘All praise be to Allaah, alcohol, then he begins speaking drivel and irrationally, which
Who has guided the messenger of the Rasool of Allaah with that leads to him falsely accusing people, hence you should affix the
which the Rasool of Allaah is pleased.’” [Ahmad, Abu Dawood, same punishment as for a defamer and slanderer.’ Hadhrat
Tirmidhi] Umar (radhiallahu anhu) (accepting this advice) stipulated the
punishment of 80 lashes for drinking alcohol.” [Muwatta
2. “Indeed a person from Jathàm came to Nabi (sallallahu alaihi Imaam Maalik]
wasallam) and said, ‘My father has embraced Islaam, and he is
very old. He is not able to ride a conveyance, and Hajj is 5. At the time of Nabi’s (sallallahu alaihi wasallam) final illness,
binding upon him. Can I not perform Hajj for him?’ Nabi he instructed Hadhrat Abu Bakr (radhiallahu anhu) to lead the
(sallallahu alaihi wasallam) asked, ‘Are you the eldest son?’ He Salaat in his stead. When the occasion of choosing a Khalifah
replied in the affirmative. Nabi (sallallahu alaihi wasallam) arose, the Sahaabah (radhiallahu anhum) made Qiyaas for the
then asked him, ‘Tell me, if your father had any debts, and you Khalifah, which is the great Imaamat, on the Salaat Imaamat of
were to repay it, would this suffice on behalf of your father (i.e. Hadhrat Abu Bakr (radhiallahu anhu). Since Nabi (sallallahu
will the debts be regarded as having being fulfilled)?’ He alaihi wasallam) was pleased to appoint him for our Deen, then
replied, ‘Yes.’ Nabi (sallallahu alaihi wasallam) then said, ‘You why should we not do likewise.
may perform Hajj for him.’” [Bukhari Shareef/Muslim
Shareef/Nisai Shareef] The conditions of Qiyaas
3. “Hadhrat Umar (radhiallahu anhu) said to Nabi (sallallahu 1. Understanding the nature and essence of Qiyaas. The reality
alaihi wasallam), ‘Today I have perpetrated a great felony. I and essence of Qiyaas has been outlined above.
kissed my wife whilst in the state of fasting.’ Nabi (sallallahu
alaihi wasallam) asked him, ‘Tell me, what if you rinse your 2. Understanding the occasion and context of Qiyaas. That is, the
mouth with water whilst fasting? (Will your fast break?)’ occasion for making Qiyaas is at such a time where there is no
Hadhrat Umar (radhiallahu anhu) replied, ‘There is no harm in clear Nass (i.e. a ruling in the text of Quràan Majeed and /or
65 66
Sunnat). Nabi (sallallahu alaihi wasallam) asked Hadhrat time of Nabi (sallallahu alaihi wasallam). This would mean that
Maàaz (radhiallahu anhu), “When you do not find any ruling in we do not have to make wudhu before performing Salaat.
the Quràan Majeed or in the Sunnat of The Rasool of Allaah?”
He replied, “I will then make Ijtihaad of my opinion.” In other 5. A condition for an Illat is that it is such a quality which is
words, “I will make Qiyaas.” Nabi (sallallahu alaihi wasallam) considered and recognised by the Shariah. Hence, it needs to be
approved of this response. From this it is clear that Qiyaas will proven in the light of the Shariah, before it can be applied.
only be permissible when there is no clear Nass.
3. One needs to be qualified to make Qiyaas. From the incident of

Hadhrat Maàaz (radhiallahu anhu) it is apparent that the one
who makes Qiyaas needs to be qualified for it. That is, he must
be a proficient Aalim of the Deen and also have the attributes of
a Mujtahid. Otherwise, how will he know that the masàlah is
not in Nass (i.e. he must have a deep insight and knowledge of
Quràan Majeed and Hadith. He must also have the ability to
extract and prove Masaaìl. In the absence of this how would he
ever know whether the masàlah in question is in the Quràan
Majeed or Hadith?)
4. He must recognise the object of Qiyaas. The object of making

Qiyaas is that he will achieve that ruling which is not explicitly
found in the Quràan Majeed or Hadith. Hence, he has to restrict
himself to those ruling which are present. He should not
exercise Qiyaas and find rulings in matters where it is not
needed or occasioned. If he looks for illats and reasons in such
cases where there is no need or justification for it, and by doing
so he deduces his own rulings, is completely not permissible
and this is Tahreef (changing) the Deen. An example of this
would be where some people claim that the Illat for making
wudhu is that since the Arabs during the era of Nabi (sallallahu
alaihi wasallam) were mostly shepherd and farmers, hence their
faces and hands would become soiled during the course of their
daily chores, hence the order to make wudhu was given (to them
specifically) before performing Salaat. Nowadays, we travel in
cars and trains, and we generally take a bath in the mornings, so
our bodies do not get soiled with dust and sand, so the same
Illat is not found for us as was present for the Arabs during the
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CHAPTER SIX
“Knowledge of Ahkaam-e-Amaliyah with its detailed proofs.”
WHAT IS ILM-E-FIQH? An explanation of this is as follows – if we say that Salaat is Fardh in the
light of the Quràanic Aayat, then in this case we have presented an
The definition of the Fiqh according to Imaam Abu Hanifah abridged and general proof for the incumbency of Salaat. However, if we
(rahmatullahi alaihi) dilate a bit more and say that the proof for the incumbency of Salaat lies in
this Aayat of the Quràan Majeed, “Establish Salaat”, then we have shown
“The recognition of a thing, with its advantages and disadvantages.” That a detailed proof for the incumbency of Salaat.
is, for a person to know those things wherein there is benefit for him (i.e.
by fulfilling the injunctions of Allaah Taàla and to opt for halaal actions), Hence, the Quràan Majeed, Sunnat, Ijma and Qiyaas are abridged proofs
and wherein there is harm for him (i.e. to safeguard himself from the for rulings. However, (to present) the relevant Aayat from the Quràan
prohibitions of Allaah Taàla and haraam things). Majeed, the relevant Hadith from the Sunnat or the relevant Qiyaas, would
constitute a detailed proof. To know the detailed proofs for the rulings of
In the light of this definition, Ilm-e-Fiqh includes Aqaaìd (beliefs), Shariah is known as Ilm-e-Fiqh.
Akhlaaq (character) and A`maal (actions). This general definition is used
for Fiqh in the Hadith and the statements of the predecessors. Usool-e-Fiqh
In a Hadith, Rasulullaah (sallallahu alayhi wasallam) said, “He for whom Those proofs whereby Fiqh (Ahkaam-e-Sharìyah Amaliyah) is acquired.
Allaah desires good, Allaah grants him Fiqh (understanding) in Deen.” There are four Usools and proofs – Quràan Majeed, Sunnat, Ijma and
Qiyaas. The rulings for the Sharì actions (Ahkaam-e-Sharìyah Amaliyah)
Nabi (sallallahu alaihi wasallam) also, made the following supplication for are acquired and deduced from these four proofs. The details of this will
Hadhrat Abdullah Ibn Abbaas (radhiallahu anhu), “O Allaah, grant him follow in the following chapter.
Fiqh (understanding) in Deen and teach him (the knowledge of)
interpretation.”
Hadhrat Hasan Basri (rahmatullahi alaihi) said, “Indeed a Faqeeh is a

Zaahid of the world (one who abstains from the world), one who is
desirous of the Hereafter, one who has insight in matters of Deen and one
who is constantly engaged in the Ibaadat of his Rabb.”
According to this definition, Ilm-e-Aqaaìd is known as Fiqh-e-Akbar (the

great Fiqh), Ilm-e-Akhlaaq is known as Fiqh-e-Ausat (the middle Fiqh) and
knowledge of the rulings of actions (Ahkaam-e-Amaliyah) is known as
Fiqh-e-Asghar (the small Fiqh).
Imaam Shaafi (rahmatullahi alaihi) defined Fiqh as only being the

knowledge of Ahkaam-e-Amaliyah
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CHAPTER SEVEN Finally we look at which way the word is applicable to its meaning. This is
termed Ibaaratun nass. There is either Ishaaratun nass, Dalaalatun nass
ILM-E-USOOL-E-FIQH (The Knowledge of the Principles of Fiqh) and Iqtidhaa-un nass.
Definition All this is the work of the Mujtahid, who, in order to extract rulings from
the Quràan Majeed and Ahaadith, will analyse each and every word and
“The knowledge of those rulings and principles whereby the Mujtahid categorise them accordingly. He will analyse it according to its usage,
extracts the relevant Masaaìl with their detailed proofs.” application of meaning, as far as zuhoor and ikhfaa, etc., etc. this is done,
because the ruling of each category will be different.
The definition of these rules and regulations will Insha-Allah Taàla, be
mentioned in brief in the forthcoming pages. Hereunder we will dilate in a bit more on the words and their types.
A few rules, regulations and principles wherewith the Mujtahid The types of words as far as their application to meaning is concerned
deduces laws from the Quràan Majeed and the Ahaadith
Khaas:
The Quràan Majeed and the Ahaadith are in the Arabic language, and they
are comprised of words and sentences. Therefore it is absolutely imperative It is that word which applies to a specific thing or meaning. For example,
for anyone who wishes to become acquainted with the Quràan Majeed and Khalid, table, three, etc. The ruling of a word which is khaas is that it is
Hadith to fully understand the words contained therein and their usage. necessarily applied in precisely the way it was intended, so that no change
in its meaning comes about. For example, it is stated in the Quràan
The experts in the language have categorised words according to their Majeed, “The divorced women will withhold themselves (remain in iddat)
application. for three Haidh periods.”
They have specified four categories; Khaas, Àam, Mushtarak and Mu- In this Aayat, the word ‘three’ is used, which denotes a specific number.
awwal. This number will be applied as it appears, without any decrease or increase.
Each of these is either used in their actual or real forms, which will be The ruling of the Shariah is that if a man wishes to give his wife a divorce
termed Haqeeqat. Alternatively, the actual meaning will be abandoned and then he should do so during her paak days and not during the days of her
another suitable and contextual meaning will be applied. This is known as Haidh. If the divorce is given during the days of her Haidh, then it will be
majaaz. Hence there are also four categories of usage, Haqeeqat, Majaaz, effected, but that particular Haidh will not be included in the count of iddat.
Sareeh and Kinaayah. Hadhrat Abdullah bin Umar (radhiallahu anhu) once divorced his wife
during her Haidh, and Nabi (sallallahu alaihi wasallam) instructed him to
All these types, (when applied to words), will either show its apparent take her back.
(zaahir) meaning or a hidden (khafi) one. And since there are various
stages and levels of zaahir and khafi, hence as far as the application of this The word ‘Qar-un’ (the plural of which is Quroo) has two meanings in the
further divides into eight types, zaahir, nass, mufassar, muhkam, khafi, Arabic grammar. It either means Haidh or the paaki (clean period) which
mushkil, mujmal and mutashaabè. comes after the Haidh. If we take the meaning to be paaki, then if the
71 72
husband gives his wife a divorce during the paak period (as the Shariah The word An-Naas (people) is Àam. It includes those who are Mukallaf
orders), then will that particular paaki be included in the count of iddat or (those upon whom the acts of Ibaadat are binding), and those that are
not? This paaki will be less than a full duration, because the divorce was Ghair-Mukallaf (those upon whom the acts of Ibaadat are not binding - like
issued after some of it had passed. If it is excluded in the count, then immature children, insane, etc.). However, in this case, owing to logical
together with the following two paakis, it will constitute less than full three and rational thinking, immature children are excluded from this Àam
and if it is excluded, then it will be more than a full three. Either way a full ruling. This is known as Takhsees, that is, right from the outset, some
three will not be practised upon. However, if the meaning of Quroo is taken constituents are excluded from the group, upon which the Àam applies,
to mean a Haidh period, then when the divorce is given in paaki, then it based on some proof.
will be possible to count a full three Haidh thereafter. If the divorce is
given during Haidh, and since the Shariah does not count that Haidh as part Mushtarak
of the iddat, it will be still be counted as full three Haidh, which will
commence from the following Haidh. Hence, if the meaning of Quroo is It is that word, which is applicable to various different meanings. For
taken to mean Haidh then it will be possible to practise on a full three example, the word Quroo, which appeared above. This word is applicable
(which is what the Quràanic Aayat denotes). to two different meanings, Haidh and paaki.
Àam: In such a case it is not possible that both the meanings apply at one and the
same time. After careful contemplation and study, one particular meaning
It is that word which is applied to one collective group, for example, is applied and used. This is the duty of the Mujtahid, to utilise any proofs
Muslims, women, etc. And it can also apply to those words upon which a and to establish any circumstantial factors to extract the correct meaning.
Laam Ta`reef (Alif Laam) appears, like As-Saariq, Az-Zaani, etc. Imaam Abu Hanifah (rahmatullahi alaihi) had taken the meaning of the
word Quroo to be Haidh, based on the fact that the word Thalaatha (three)
An Àam word is of two types is Àam, and he also took into consideration other factors and proofs.
The one type is when all the constituents are included therein, and none are Mu-awwal
excluded. In this type, the Àam word remains in its original general form
and the ruling of this type is that all its constituents are referred to and When the Mujtahid extracts a certain meaning for a word from the
applicable. For example, in the Aayat, “And there is no animal on earth, Mushtarak then that word is known as Mu-awwal for that meaning. For
except that its sustenance is upon Allaah.” In this Aayat, the word ‘Daab- example, the word Quroo is Mu-awwal for the meaning of Haidh.
bah’ (animal) is a common noun (Nakirah), and since it appears after the
maa of nafi (negative) it is Àam. This means that (the responsibility of) The ruling for Mu-awwal is that it will be Waajib to practise upon that
each and every animal’s sustenance is upon Allaah Taàla. meaning for the word which the Mujtahid has extracted. However, it will
not be averred that that particular meaning is absolute. There is the
The second type is when because of some pertinent factor or proof, some of possibility that in the Sight of Allaah Taàla the other meaning was correct.
the constituents are excluded from the ruling of the Àam word. For
example, in the Aayat, “And for Allaah, (it is His right) upon the people
that they perform Hajj of The House, for whom the road is easy (those who
have the ability to do so).” [Surah Aale Imraan, Aayat 98)
73 74
The types of words with regard to the usage of their meaning case, Zaid’s actual children will receive the bequest, since both the haqeeqi
and majaazi cannot be used and applied together. Zaid’s grandchildren will
Haqeeqat and majaaz (literal and figurative) not receive any portion of the money.
When any word is used in its literal, actual and original meaning then it is 2. In what regard is majaaz the substitute of haqeeqi?
known as Haqeeqat. When the actual meaning is abandoned and another
(figurative) meaning is taken, owing to relevant and circumstantial factors, Since majaaz becomes the deputy and substitute of haqeeqi, this
then this is known as majaaz. For example, the haqeeqi meaning of the substitution of majaaz for Haqeeqat needs to be looked at.
word angel is a celestial being created from light, whereas if this word was
used for a human being then it would imply that person’s pure and chaste (a). This is either done by way of speech
(angelic) qualities and this would be its majaaz (figurative) application. For
example, if a persons says regarding his son, ‘Haaza Ibni’(‘This is my That is, where the statement is only used with a majaazi implication, in the
son’), then this would be a haqeeqi usage, whereas if he says the same Arabic context, and the haqeeqi meaning is not meant. In this case only the
about his slave, then it would be majaazi. majaazi meaning will be taken.
Some rules regarding Haqeeqat and Majaaz For example, if a man says ‘Haaza Ibni’ (‘This is my son.’) regarding his
slave, who is elder than him, and also regarding whom his real father is
1. Both, the haqeeqi and majaazi meanings cannot be used at one and known, then this statement of his will be grammatically and colloquially
the same time for one word; correct insofar as the Arabic terminology is concerned. There is no
grammatical inaccuracy in this statement. Nevertheless, the actual and real
(a). It is stated in the Quràan Majeed, “And if you are ill or on journey, meaning of this sentence cannever be applicable, since one cannot have a
or if any of you relieves himself, or has intercourse with his spouse, and real son who is elder than one. Imaam Abu Hanifah (rahmatullahi alaihi)
does not find water, then he should make tayammum with pure sand.” states that in this case, since the haqeeqi meaning cannot be taken, because
the lineage of this slave is known and also, one cannot have a son who is
The haqeeqi meaning of the word ‘Laamastum’ is to touch with the hand elder than the father, hence only the majaazi meaning will be taken and this
and the majaazi meaning is to have sexual intercourse. In this Aayat, there slave will be freed. Imaam Abu Hanifah (rahmatullahi alaihi) only took
is a consensus that the word is used in its majaazi form. Now, in this Aayat, into consideration the sentence with regard to the Arabic usage thereof, in
the meaning of mere touching with the hand will not be taken for the word that it was a valid and (grammatically) correct sentence. He did not take
Laamastum. into cognisance the actual and real implication of this sentence.
(b). Similarly, the word ‘Aulaad’(children) will be used in its haqeeqi (b). Or with regard to its ruling
form if one refers to children born from one’s own sperm, whereas the
word ‘Aulaad’ will be in its majaazi meaning if used to refer to one’s Besides the Arabic terminology, the ruling, i.e. the haqeeqi meaning can
grandchildren. also be effected. On such occasions, when the haqeeqi meaning is not
meant, then the majaazi meaning will come into play. This is the view of
(For example), If someone makes a bequest that a certain amount of money Imaams Abu Yusuf and Muhammad (rahmatullahi alaihima).
be given to the Aulaad of Zaid, who has children and grandchildren. In this
75 76
For example, in the above cited example since the ruling cannever be with regard to a certain woman, or that he has struck an illicit relationship
correct or applicable (that one has a son elder than one), then the majaazi with her. Based on such testifications, the Hadd for adultery will not be
meaning will not be taken and such a sentence will be regarded as laghw implemented on Zaid, because such vague and ambiguous terminology
(futile and useless talk). could mean that Zaid had merely kissed or embraced the woman. However,
if they speak in clear and unambiguous terms that just as the surma stick is
However, if a young boy, whose father is known to be a certain person, and inserted into the surmadaan (contained of surma), they had seen Zaid
his master says “Haaza Ibni”, then since his age is such that if his real committing adultery, then the hadd will be implemented.
father was not known he could pass as the son of his master, the majaazi
meaning will be taken (i.e. he will be set free). The types of words and speech with regard to the apparentness and
clarity of meaning
According to Imaam Abu Hanifah (rahmatullahi alaihi) the slave will be
regarded as having been set free in both the above examples, whereas Zaahir
according to Saahibain (Imaams Muhammad and Abu Yusuf - rahmatullahi
alaihi), the slave will only be freed in the second example. It is that word or speech whose meaning and import is ascertained by mere
listening.
Sareeh and Kinaayah
Nass
Regardless of whether a word is taken as haqeeqi or majaazi, sometimes its
meaning and objective is clear and at times it is hidden. If it is clear then it It is that word, the meaning of which is understood by listening and also,
is called Sareeh. For example, if during transacting a sale someone says, this word/sentence was brought with that very same object in mind.
“Bi`tu” (“I have sold”) or “Ishtaraytu” (“I have bought”), then this will
be Sareeh in its haqeeqi meaning. Or if a person says, “Akaltu min i). For example, it is stated in the Quràan Majeed, “Allaah has made
Hazihish Shajarati”(I have eaten from this tree), then the majaazi meaning, bai` (sale) halaal and usury haraam.” This Aayat makes clear the
that is the fruit of the tree, will be the Sareeh meaning. permissibility of buying and selling and the prohibition of interest. The
mere listening of these words makes clear the meaning.
When the object is hidden, then it is known as Kinaayah. The object and
true meaning of the word will only be known if there is some contributing This Aayat was brought in order to make a distinction between sale and
factor attached or accompanying it. For example, if a man tells his wife, interest, because the kuffaar used to aver that sale and interest are one and
“You are free”. The meaning of this sentence is unclear because freedom the same. This Aayat was revealed in order to refute this claim of the
can be given from a task/responsibility or from Nikah. If the husband kuffaar, hence this Aayat is nass with regard to this.
meant Talaaq, or if his sentence was in reply to his wife’s request for
Talaaq, then this will imply freedom from the bond of Nikah, i.e. Talaaq. ii). “And marry whoever you are able to from amongst the women, two,
three or four.” This Aayat gives the permissibility of Nikah, and it is nass
It is stated in a Hadith that Hudood (divinely prescribed punishment) with respect to marrying upto four wives.
should not be implemented if there is doubt. So therefore, Kinaayah will be
regarded as a doubt because of its real and true meaning being hidden. For If there is a contradiction between nass and zaahir, then because nass holds
example, if four people give a testimony that Zaid had exceeded the bounds a higher status than zaahir, it will be granted preference. For example, in
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the Aayat, “Besides these (women who are mentioned that are haraam to Rasool of Allaah, and that you marry his wives after him, ever.” [Surah
marry), all others are halaal.” It is zaahir from this Aayat that one is Ahzaab, Aayat 53]
allowed to marry more than four wives, whereas in the Aayat mentioned
above, it is ascertained from nass that one is only allowed a maximum of This Aayat is Muhkam and there is no possibility of it ever being
four wives. Since there is a seemly contradiction between these two abrogated, because it has the word “ever” attached to it.
Aayaat, we will opt for nass and say that it is haraam to have more than
four wives at one time in wedlock. If there is a contradiction between Muhkam and any other which is below,
then Muhkam will be granted preference. For example, the above Aayat is
Mufassir Muhkam that it is not permissible for any Ummati to ever marry any of the
wives of Nabi (sallallahu alaihi wasallam), until the Day of Qiyaamah.
There is a possibility of making takhsees(specific classification) in nass Whereas the Aayat “Besides these (women who are mentioned that are
and zaahir. When the possibility of Ta`weel (interpretation) and takhsees haraam to marry), all others are halaal”, is nass that besides the family
are removed, then such a sentence is known as Mufassir. However, during women who are haraam upon one, all others, including the wives of Nabi
the era of Nabi (sallallahu alaihi wasallam), there was the possibility of it (sallallahu alaihi wasallam) are permissible. Because of the apparent
being made Mansookh (abrogated). contradiction, the nass will be abandoned and Muhkam will be acted upon.
For example, in the Aayat “And lash them (with) eighty lashes”, the The four types of speech with regard to the concealed meaning
number 80 is specified and there is no possibility of increasing or
decreasing in this amount. Khafi
If there is a contradiction between nass and Mufassir, the latter will be It is that word where the concealment of meaning is not in the actual word
granted preference. For example, it is stated in a Hadith, “A Mustahaadha itself but rather because of some temporary factor.
(women who perpetually bleeds) must make wudhu for every Salaat.” This
Hadith is nass that a Mustahaadha must make wudhu for every Salaat, It is stated in the Quràan Majeed, “The male thief and female thief, cut off
even though they (a few Salaats) are performed in one Salaat time. their hands.” [Surah Maaìdah, Aayat 38]
However, there is a possibility that the word Salaat in the Hadith refers to
the time of Salaat, since Nabi (sallallahu alaihi wasallam) once said to The word ‘Saariq’ (thief) is zaahir and refers to every such person who
Hadhrat Faatimah Binti Abi Jaish (radhiallahu anha), “Make wudhu for the steals the protected wealth of someone else in a clandestine way.
time of every Salaat.” This Hadith is Mufassir on this issue that it is Waajib
for a Mustahaadha to make wudhu for every Salaat time. There is no other Is a kafan thief and pickpocket also included in this definition? This is
possibility other than this. concealed. If one contemplates over the matter then it will be noted that
the definition of a pickpocket is more than that of a common thief, because
Muhkam a pickpocket is someone who steals things from a person who is awake and
a thief (usually) steals from someone who is asleep. And the definition of a
This is that word whose meaning is clearly evident and there is no kafan thief is less than that of a common thief, because a dead person
possibility of Ta`weel or takhsees and also there is no possibility of cannot protect his things, hence the definition of a thief would not apply
abrogation. For example, “It is not (appropriate) for you that you harm The exactly on a kafan thief. The crux of the matter is that since the kafan thief
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does not exactly fill the description of a common thief, his hand will not be been made haraam.” The literal meaning of Riba is to increase, and this
cut off, and the pickpocket who is more than the common thief, will have cannot be the meaning of the word in this context, because general business
his hand cut off. and trade also includes an increase in wealth.
Mushkil It has been explained in the Hadith Shareef that Riba is that increase in
wealth where there is disparity in exchange of goods which are of the same
This is that word where the concealed meaning is to be found in context. type. Had this explanation not been found in the Hadith, then the true
To understand its meaning and import necessitates contemplation, meaning of Riba would not have been known.
reflection and context. For example, it is stated in the Quràan Majeed,
“Your wives are (like) plantations for you; hence you may come Mutashaabeh
(enter/plough) your plantations from however (i.e. whichever direction)
you wish.” This is such a word, where the ambiguity in meaning could be removed by
the explanation of the speaker, but there is no possibility of ever getting
In this Aayat, the word, ‘An-na’ (from wherever) is Mushkil, because this this explanation from the speaker. For example, the Huroof-e-Muqattaàat
word is used with dual meanings in the Quràan Majeed. In the Aayat, which appear in the Quràan Majeed, and the usage of the words like hand
“How can I have a child?”, it is used with the meaning “How”. And in the shin, etc. for Allaah Taàla. The ruling of such words is that we accept and
Aayat, “From where did you get this?”, the word ‘An-na’, is used in the believe them to be true, however we do not comment on their reality and
meaning of “From where”. true meanings. In this regard we maintain silence.
Since the meaning is ambiguous, one needs to contemplate over its The types of usages of the words in their intended meanings
meaning in the Aayat at hand. After some reflection, it is deduced that one
cannot enter his spouse from the anus, and intercourse is only allowed from There are four types, Ibaaratun nass, Ishaaratun nass, Dalaalatun nass and
the front orifice (vagina). Therefore, in this context, the meaning of Iqtidhaa-un nass.
“However, i.e. whichever direction” will be used. That is, one may enter
his spouse either laying down, sitting, standing. In these four, the word nass refers to that word whose meaning is known.
Mujmal Ibaaratun nass
If a word has such concealment in meaning that it is not understood except This is where the established meaning was the actual intended meaning and
by the speaker’s explanation, where without this (explanation and dilation this speech was actually brought with this meaning in mind. For example,
of the speaker) the meaning is not understood, then such a word is known “And upon the father (of the child) is that he maintain and clothe the
as mujmal. women.”
To understand the meaning of such a word, one needs to reflect over the The meaning of this Aayat is that it is the duty of the father of a child that
speech of the Speaker and see if he has not explained its meaning he maintain the divorced mother of his child whilst she is suckling it. This
somewhere, or if possible he will have to be asked what the meaning is the actual reason for bringing this Aayat and this ruling will apply.
thereof is. For example, it is stated in the Quràan Majeed, “And Riba has
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Also, the Aayat, “Establish Salaat and give Zakaat” is Ibaaratun nass slightest knowledge of Qiyaas, will be able to discern this meaning from
which indicates the incumbency of Salaat and Zakaat. the mere usage thereof.
Ishaaratun nass Therefore, the Hurmat of saying “oof” and chiding one’s parents is
established from Ibaaratun nass and the Hurmat of hitting one’s parents is
The meaning has been established of the word, however, this was not its established by Dalaalatun nass.
direct or intended meaning, and this sentence was not brought with this in
mind. For example, from the Aayat “And upon the father (of the child) is Iqtidhaa-un nass
that he maintain and clothe the women”, we establish by way of indication
that the lineage of the children will be attributed to the father. The reason This is where the speaker has spoken something and this sentence will only
for this deduction is that in the Aayat the laam, which denotes possession is be correct and executable when something further is added to it. For
indicated towards the father. example, if someone says to another person, “Free your slave for me in
exchange for a thousand rands.” If he meant by this sentence that the slave
“So now have sexual relations with them (your wives) and seek that which should be freed and a thousand rands be taken from him (speaker) in
Allaah has ordained you (offspring), and eat and drink until the white exchange for this, then this is incorrect, because the choice of freeing the
thread (light) of dawn appears to you distinct from the black thread salve rests with the owner and if he frees the slave, then why should he take
(darkness of night), then complete your fast till the nightfall.” This Aayat a thousand rands from the other person?
has been revealed to indicate that during the nights of Ramadhaan, eating,
drinking and sexual intercourse are permissible. This meaning would be the Hence, this sentence would be incorrect if this meaning was intended.
Ibaaratun nass of this Aayat. At the same time, this Aayat indicates However, if we assume that by saying this he meant, “You sell the slave to
(Ishaarah) that these three acts are forbidden during the days of me in exchange for a thousand rands, and then you become my agent and
Ramadhaan. The portion of the Aayat, “then complete your fast till the free the slave on my behalf”, then the sentence would be correct. Hence,
nightfall” indicates that one should abstain from these three acts during the for the sentence of the speaker to have meaning and be correct, this extra
daytime. (unmentioned) part is assumed to be part thereof. Since, such a sentence
would be regarded as correct in Arabic linguistic usage, therefore the
Dalaalatun nass necessary (extra) part is assumed to be a part thereof.
The object and meaning of the word which is not established by the actual Another example would be the Hadith, “Mistakes and forgetfulness have
usage, but it is established by its colloquial usage, and regarding which it is been lifted (forgiven) for my Ummat.” The apparent meaning of this
said that this meaning is achieved by virtue of Dalaalatun nass. For sentence would be that this Ummat would not make any mistakes or forget,
example, in the Aayat “Do not say to them (your parents) ‘oof’ and do not whereas this is contrary to the reality. However, this sentence would be
hurt them”, the Hurmat (total impermissibility) of saying ‘oof’ and chiding correct if we attribute mistakes and forgetfulness to sinning. In other words,
and reproaching one’s parents is established by Ibaaratun nass. However, we assume the sentence to be “Sins committed by mistake and
the person who understands the Arabic language will know that the object forgetfulness, are lifted from my Ummat.”
here is not to dishearten and cause dejection to parents. In this regard
physical and verbal abuse cause hurt to one’s parents, and all this is also
haraam. This is not Qiyaas, because any person who does not even have the
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The above four types with regard to their strength and rankings Salaat and give Zakaat.” In the Aayat, “When you have
according to revelation completed (the Jumuah) Salaat, spread out on the earth and
seek the Bounties of Allaah”, the instruction to spread out on
First is Ibaaratun nass then Ishaaratun nass then Dalaalatun nass and earth and seek the Bounties of Allaah Taàla is indicative of a
finally Iqtidhaa-un nass. In this sequence, if there is a contradiction permissible act and it is not an imperative command. A
between them in any one place then preference will be given accordingly. contributing factor, which leads us to this conclusion is that
For example, in the Aayat “And he who kills a believer purposely, his during the era of Nabi (sallallahu alaihi wasallam), some
recompense will be Jahannum, he will abide therein forever”[Surah Nisaa, Sahaabah (radhiallahu anhum) would, after the completion of
Aayat 93], we establish by Ishaaratun nass that there is no compensation the Jumuah Salaat, partake of meals and others would have a
(Kaffaara) for (purpose and wilful) murder, because it is stated in the Aayat siesta.
that such a person’s only compensation will be The Fire of Jahannum.
2. The ordered instruction is not to be repeated. For example, if
In the Aayat, “He who kills a believer mistakenly, he should (in someone orders another to move a chair from one place to
compensation) free a believing slave”, it is established that there is kafaara another, then it is understood that this instruction applies only
for killing a believer by mistake. By Dalaalatun nass it is established from one. It does not mean that whenever the chair is found to be
this Aayat that there should also be kaffaara for wilful murder of a away from that place it is to be placed there. Similarly, if
believer. The reason being that kaffaara is prescribed for a sin and murder someone orders another to hit someone else with a stone, then
is a greater sin than killing by mistake. one hit will suffice for that instruction and it does no mean that
he must be continuously hit. The instruction, “Establish Salaat”
Since there is a contradiction in rulings between the two Aayaat, also indicates that Salaat be established just once. Nevertheless,
Ishaaratun nass will be granted preference over Dalaalatun nass and a the repetition of the Salaat which occurs is so owing to the
compensation will not be prescribed for (wilful) murder. causative factor in Salaat, which is time. It is stated in the
Quràan Majeed, “Indeed Salaat is binding upon its
The principles and laws regarding Amr (imperative command) and (prescribed) time for the believers.” Firstly, there are different
Nahy (prohibition/negative command) times, and then this is repeated every day, hence, Salaat is
performed daily.
Amr – This is that word/sentence which is spoken in an authoritative way
to instruct and order a certain action. For example, “Establish Salaat and Nahy
give Zakaat.”
This is the instruction which is issued for an action to be discontinued.
The rulings of Amr
The rulings of Nahy
1. It is Waajib to carry out the action which is ordered, unless there
is some contributing factor whereby it is established that 1. That act which is prohibited from, its execution is haraam or
compulsion is not intended, and in fact permissibility (Nudub, Makrooh-e-Tahrimi, unless there is some contributing factor
Istihbaab, Ibaahat) is intended. For example, the compulsion of which indicates that there is some other meaning. For example,
Salaat and Zakaat is established from the Aayat, “Establish in the Aayat, “Do not go near Zina”, the prohibition is explicit,
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whereas in the Aayat, “Make no excuses this Day! You are CHAPTER EIGHT
being requited only for what you used to do”, the Nahy is used
to indicate that no excuses be made and it is not used to show THE LAWS OF FIQH (ISLAMIC JURISPRUDENCE)
prohibition. In fact, it is used in order to create dejection and
despondency in those who will make excuses, implying that Hereunder are listed a few of the major and important laws and rules
their excuses will be of no avail. deduced by the Mujtahiddeen from the Quràan Majeed and Hadith. By
making use of these laws, they had extracted many Masaaìl, made Ijtihaad,
and deduced many rulings which are not clearly and explicitly found in the
Quràan Majeed or Hadith.
Law #1
“There is no Thawaab (reward) except with intention”
The proof for this law lies in the Hadith, “Indeed all actions are (based)
upon their intentions…”. If we assume this to mean that without intentions,
actions will not take place, then this is totally contrary to the reality,
because many actions take place without there having been any intention.
Therefore, there has to be some addition which is (assumed to be) included
in this sentence (Hadith), and that is, “Indeed all actions are based or
judged according to their intentions.”
Since rulings come at the end and results in recompense, therefore, this
sentence should read, “Indeed the recompense of actions is according to
the intention.”
One does not receive any reward for merely abstaining from evil actions,
like for example, if a person, abstains from sins like adultery, backbiting,
theft, etc. whilst engaged in Salaat, then he does not receive any reward for
this abstention. However, if there is some inviting factor towards an evil,
and a person has the ability to carry it out, but he takes control of his naffs
and abstains therefrom, then there will be reward for him in that, because
suppressing the naffs is a good act.
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Law #2 Law #3
“The basis of dealings rests with the intention and objective.” “Certainty is not negated or removed by doubt.”
One of the proofs for this law lies in the Hadith, “Indeed all actions are The proof for this Hadith lies in the Hadith which appears in Muslim
(based) upon their intentions…”, and another proof is in the Aayat, “And Shareef, where Hadhrat Abu Hurairah (radhiallahu anhu) reports that Nabi
do not cooperate and aid in sin and rebellion.” This is demonstrated in the (sallallahu alaihi wasallam) said, “If any of you finds some movement in his
following example – it is permissible to sell grape-juice to a non-Muslim stomach (like flatulence), and he doubts as to whether anything came out
living in a Muslim country, even though he will use it to manufacture wine. or not, then he should not leave the Masjid until he hears the sound or
However, if the Muslim sells it with this intention in mind that the non- smells it.”
Muslim makes wine with it, then he will become an accomplice in the sin.
Therefore, his being regarded a sinner and not a sinner is based upon his Masàlah:
intention. This Aayat shows that we should not become involved in sin by
despoiling our intentions. The Muslims have conquered a fort. There is certainty that there is at least
one Zimmi (non-Muslim citizen in Muslim State) present in that fort, but he
Some Masaaìl which are derived from this Law: cannot be identified or recognised, then it will not be permissible to kill the
occupants of that fort (because it is not permissible for Muslims to kill a
a). Someone sold grape-juice to a non-Muslim and he (the latter) made Zimmi).
wine therefrom. If the sale was executed with only the intention of it being
a pure business transaction, then it will be permissible (because it is Masàlah:
permissible for a non-Muslim to deal and consume wine). However, if the
at the time of selling, the Muslim (seller) makes this intention that the non- A person is certain that he made wudhu, but he cannot recall whether that
Muslim will or must make wine therefrom, then such a sale is haraam. wudhu broke or not, then he will be regarded as being with wudhu.
Similarly, if a person is certain that his wudhu broke, but he cannot recall
b). If one Muslim, due to normal circumstances, does not meet with whether he made a new wudhu or not, then he will be regarded as not
another Muslim for a lengthy period of time, then there is no harm, having wudhu.
however, if they avoid each other for three days and more, because of
purposeful intent of breaking ties, then this is impermissible and sinful. Masàlah:
c). If a person says Alhamdulillaah whilst performing Salaat, with the A person has doubt as to whether he performed his Zuhr Salaat or not, then
intention of Thikr, then there is no harm, however, if it is said in reply to it will be taken as though he did not perform it.
someone else giving good news, for example, then because this constitutes
normal speech, the Salaat will be broken. Masàlah:
If a person has certainty of carrying out an act, but there is doubt as to the
quantity thereof. In such a case, he will assume the least quantity, because
there is certainty in this, whereas the doubt lies in the bigger quantity. For
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example, if a person is making Tawaaf (circumambulation of the Kaabah in the precincts of the Haram of Makkah Mukarramah. The only exception
Shareef), and he has doubt as to whether he made six or seven circuits, then to this prohibition is a type of grass called Izkhir. It will now be
he will assume to have made six. impermissible for any Mujtahid to allow for the cutting of any other grass
besides Izkhir, because it is causing difficulty or inconvenience.
Law #4
Law #5
“Difficulty brings in ease.”
“Harm is to be removed.”
The proof hereof lies in the following:
The proof for this Law lies in the Hadith of Nabi (sallallahu alaihi
1. The Aayat, “Allaah intends for you ease and He does not intend wasallam) where he said that one should not cause harm nor should harm
for you difficulty.” be inflicted upon one.
2. The Aayat, “And no difficulty was placed for you in the Deen.”
3. The Hadith, “The most beloved (part of) Deen to Allaah Taàla Masàlah:
is that which is done with sincerity and ease.”
The branches of the mulberry tree are sold. When the buyer climbs the tree
All the ease and latitudes and flexibilities in the Shariah are derived from to cut off the branches, then his sight falls into the homes of the
this Law. neighbours. He will be ordered to inform the neighbours prior to his
climbing the tree, so that they may conceal themselves. If he practices upon
There are seven contributing factors which allow for ‘lenience’ in Ibaadaat: this then it is fine, otherwise, if a complaint is lodged with the governor,
travel, illness, duress, forgetfulness, ignorance (not knowing), perpetration then he (the buyer) will be prevented therefrom.
of the masses and difficulty.
Law #6
Masàlah:
“Necessity (i.e. in matters of life and death) permits the (usage of the)
Urine which is equal to the size of a needle head is forgiven and impermissible”
overlooked.
The proof for this Law lies in the following:
Masàlah:
1. “He who disbelieves in Allaah after bringing Imaan, except the
The mud which attaches to one’s clothes from the road, is overlooked, as one who is forced (under duress) and whose heart is sound with
long as there is no overwhelming effects of impurity. belief in Imaan, but he whose heart is open with kufr, upon them
is Anger from Allaah.”
It will only be permissible for the Mujtahid to allow for ease and leniency
in those matters wherein there is no clear nass. If there is nass on any 2. “Indeed carrion, blood and the flesh of swine has been made
matter, then it will not be permissible for him to add or subtract to that. For haraam for you, and that which has been slaughtered (in any
example, it is stated in the Hadith that it is not permissible to cut any grass name) other than (The Name of) Allaah. Thus (excluded is) he
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who is forced, without having desire or surpassing the bounds, Fuzool (waste and extravagance)
indeed Allaah is Most Forgiving, Most Merciful.”
This is where the permissible limits of Zeenat are surpassed. The ruling of
There are five stages under the category of necessity: this is clear, that instead of paying any consideration to such things, the
Ahaadith have actually opposed and criticized Fuzool.
Dharoorat (necessity)
Masàlah:
This is defined as such that if the impermissible thing is not used or
consumed, then one will be destroyed or be brought near death. This will Whilst eating a person gets choked upon a morsel of food and besides wine
be an absolute necessity, and in such cases, the use of haraam and there is no other halaal drink available. Now if this morsel does not go
impermissible things will become permissible, whilst adhering to a few down the throat, then there is a fear of that person losing his life, in such a
preconditions. case there is consent to take one gulp of the wine.
Haajat (need) Masàlah:
This means that if the person does not make use or consume the haraam If A is indebted to B for a certain amount and A does not want to pay B,
thing, then his life will not be endangered but he will undergo severe then if B has control or is able to acquire the same type of commodity
hardship and difficulty. This is not a matter of dire urgency, hence in such belonging to B, he may take therefrom (only to the extent of the debt), even
cases the Shariah has granted leniency and ease in matters of fasting, without A’s happiness and pleasure.
Salaat, cleanliness, etc. Nevertheless, in such conditions, the haraam things
which have been declared so in Quràanic nass will not become permissible Of those things which become permissible in times of necessity, only
and halaal. that much which will remove the necessity is permitted
Manfaàt (benefit) Masàlah:
This is when the use of a thing will give benefit to the physical body, but A doctor can only look at that part of the patient’s body which is absolutely
abstinence therefrom will not cause any harm or difficulty, nor will it necessary.
endanger a life. For example, sumptuous, wholesome and delicious foods.
This will not make any haraam halaal nor will it warrant the breaking of a Masàlah:
fast. If one is able to acquire such things in a pure and halaal way, then one
may do so and utilise the same, otherwise one should adopt patience. When an excuse or allusion may suffice, then even in extreme
circumstances, it will be impermissible to take a false oath.
Zeenat (beauty)
---Making an allusion here would mean that a person speaks what to
This is those things which offer no benefit or strength to the body, but are himself is the truth, whereas to the next person it would be a lie. For
merely cosmetic and whimsical. For such things it is obvious that example, if Zaid says that Khaalid is his brother, meaning him to be his
impermissible things never become permissible. Muslim brother, whereas the listener thinks it to be a real brother, and he is
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aware that the father of Zaid and Khaalid are different. Knowing this, he Masàlah:
knows that Zaid is speaking a lie.
If one person’s chicken swallowed the gem of another person, then it will
Law #7 be seen whether the value of the chicken is more or that of the gem. The
item which is greater in value (for example in this case, the gem), its owner
“Harm to an individual will be borne in favour of avoiding a general will be given the chicken and he will have to compensate the owner of the
harm.” chicken with its value.
Masàlah: Masàlah:
If the grain sellers sell their goods at exorbitant prices, then the State will If a pregnant woman dies and the baby in her womb is alive, then her
place a price-control with a fair market value on the goods, in order to stomach will be opened and the baby taken out.
safeguard the interests of the masses.
Law #9
Masàlah:
“Preference will be given to averting harm rather than gaining benefit.”
When a food merchant hordes and stockpiles a commodity, whereas the
consumers are in need for that particular item and there is a demand for it, The object here is that if there is a clash between benefiting and harm, then
and he does not bring it into the marketplace, then the State can force him the general rule will be to rather avoid the harm instead of reaping the
to take out this commodity and sell it. benefit. The reason being that just as the Shariah has laid stress on carrying
out the prescribed injunctions, it has laid an even greater stress on avoiding
Masàlah: the prohibitions of the Shariah. It is for this reason that Nabi (sallallahu
alaihi wasallam) said, “If you are instructed with something, then do
A restraint can be placed upon a quack doctor. therefrom what you are able to, but if you have been prohibited from
something, then abstain therefrom (totally).”
Masàlah: Similarly, there is another narration, “To abstain from the smallest thing
which Allaah Taàla had prohibited from, is better than the Ibaadat of the
Some hawkers sit at the roadside selling their wares, thereby restricting the entire men and jinn.”
pathway and making passing difficult for others. Such hawkers can be
prevented from sitting at the roadsides and making business. This is the reason why in times of difficulties it becomes permissible to
leave out the Waajib acts, but the execution of prohibited acts, especially
Law #8 major sins, never becomes permissible.
“If one of the two (harms) is worse and more severe than the other, then Masàlah:
the severe one will be eradicated in the stead of the lighter one.”
If a man has to make Istinjaa (cleanse himself after relieving the call of
nature), then even if he is at the side of a river, but there is no way he can
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conceal himself from others, then he will have to delay his Istinjaa (for a 6. In order to save a life. For example, if someone with a scowl of
more suitable opportunity). displeasure and anger, asks of another whether he has seen Zaid,
and it is known that he is seeking Zaid in order to unjustly harm
Masàlah: (kill) him, then even if the questioned knows the whereabouts of
Zaid, he replies in the negative.
If a woman needs a Waajib Ghusal, but there is no means for her to take the
bath whilst concealing herself from men, then she has to delay this bath. Law #10
Masàlah: “General customs and habits will be taken into consideration.”
It is Masnoon to gargle the mouth and place water into the nostrils as far as The proof of this Law lies in the statement of Hadhrat Abdullaah Ibn
is possible when taking a bath, but excessiveness in these acts is Makrooh Masòod (radhiallahu anhu), “That which the Muslims consider as good, it
for one who is fasting. is good in the Sight of Allaah.”
Masàlah: The meaning here is that whatever the Muslims regard as being good, and
it is not contrary to the clear nass of the Quràan Majeed and Hadith,
To make masah of the beard in wudhu is Masnoon, but to do so in the state neither does it conflict with the principles of Deen, then it will be
of Ihram is Makrooh. considered. Foe example:
However, there are times when compared to avoiding a harm, it is 1. It is our custom to only eat the head of sheep and goats and not
preferable to reap a benefit. As it is mentioned in a Hadith that when one that of camels. Now if a person takes an oath that he will never
intends reconciling between two parties, then if one has to mention eat the head of an animal, then if he eats the head of a goat or
something which is contrary to the truth, it will not be counted as a lie. sheep, his oath will be regarded as having been broken, not so if
he eats the head of camel. In essence, the custom of the locality
There are a few instances where speaking a lie will be permitted: will be taken into consideration and the person’s oath will be
specific for sheep and goat’s head.
1. Reconciling between two parties. 2. If a person takes an oath that he will never set a foot in the
2. In battle. house of Zaid. Since the placing of the foot is regarded as
3. In order to prevent an argument with one’s wife. entering, hence in the light of the Shariah his oath will be taken
4. In order to procure one’s valid right and to prevent oppression. as entrance into the house. Therefore, if he enters Zaid’s house,
5. If an immature girl was given in marriage by a Wali other than he will have broken his oath, but if he stands outside Zaid’s
her father or grandfather, then when she attains maturity, she house and places his foot on the threshold, then his oath will not
has the right to either maintain the marriage or to have it be broken.
annulled. Now if such a girl starts menstruating at night, and in 3. Salaat is broken by Amal-e-Katheer. Amal-e-Katheer is that act
the morning she makes the claim that “I have just now seen the which according to common knowledge if one sees another who
blood, and I hereby annul the marriage”, then it will be is in Salaat doing, then he (the onlooker) will not think the
permitted for her. perpetrator to be performing Salaat. For example, if a person
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does something whilst in Salaat using both his hands, or he lifts Ammaar Bin Yaasir (radhiallahu anhu), ¼ to Hadhrat Ibn Masòod
his hands to scratch himself thrice during one Rukn of Salaat, (radhiallahu anhu) and ¼ to Hadhrat Uthmaan bin Haneef (radhiallahu
etc. anhu). He then said to them, “I consider you and myself as the guardian of
4. It is the custom amongst some families and tribes that the an orphan with regards the wealth of the Baitul Maal. Allaah Taàla has
jewellery which is given to the bride by the groom’s family is said, ‘He who is wealthy should abstain therefrom (from taking from the
given to her and it becomes her possession, whereas it is the wealth of the orphan), and he who is poor, should eat therefrom with
custom of others that it is given to her as a loan or temporarily. diligence.’ I take an oath by Allaah, I do not desire that a goat be taken
If at the time of giving the jewellery it is not specifically from any locality daily, such that their deterioration occurs swiftly.”
mentioned how it is given to her, then the prevailing custom
will be considered. Meaning here that if no effort was made to increase the crops of the nation,
and only spending therefrom was effected, then it will eventually lead to its
Note: downfall. Just like the wealth of an orphan, if it is left stagnant and no
effort is made to increase on it, but rather amounts are only extracted
Those things which are Bidàh or they fall under the description of Bidàh, therefrom, then eventually, it will be diminished.
or they are clearly forbidden acts in the Shariah, will never become good
acts by the mere acceptance thereof of the Muslims. Such things are not Masàlah:
considered according to the custom and habits of people.
If any land is conquered by the Muslims and the governor issues an
Law #11 instruction that a certain portion of the land be used for a Masjid or that it
be made a trade area, then this instruction will only be carried out if the
“The governor will govern in the interests of his subjects.” execution thereof will not hamper the free movement of people and if it
does not cause inconvenience and difficulties to others. If a place is
The proof for this Law lies in the following: conquered by means of a treaty, then the land will remain in the possession
and use as it was previously, and the Muslim governor does not have any
a). Hadhrat Umar (radhiallahu anhu) said, “I regard myself as the right to change the ownership of the land as he wishes.
guardian of an orphan with regards the wealth of Allaah Taàla (Baitul
Maal). When I am in need, then I take therefrom and when my condition Law #12
eases, then I return whatever I have taken. When I have acquired
independence, then I abstain therefrom.” “Hudood (divinely prescribed punishments) will fall away when there is
doubt.”
b). Hadhrat Umar (radhiallahu anhu) delegated the duty of overseeing
Salaat and matters of war to Hadhrat Ammaar Bin Yaasir (radhiallahu Hadhrat Abu Hurairah (radhiallahu anhu) reports that Nabi (sallallahu
anhu), the matters of law and Baitul Maal to Hadhrat Abdullaah Bin alaihi wasallam) said, “Circumvent (try to avert) Hudood to the best of
Masòod (radhiallahu anhu), and the matters of land and surveying to your ability.”
Hadhrat Uthmaan Bin Haneef (radhiallahu anhu). Keeping the needs of
each of them in front of him, he stipulated for them the meat of one goat Hadhrat Aishah (radhiallahu anha) reports that Nabi (sallallahu alaihi
from the Baitul Maal. He stipulated ½ the goat and the stomach for Hadhrat wasallam) said, “Avert Hudood from the believers as much as you can. If
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you find, for a believer, a loophole, then grant him freedom. It is indeed However, if he had intercourse with this slave-girl of his wife, knowing it
better for the governor to mistakenly forgive someone than to mistakenly to be impermissible for him, then since there is no doubt in his mind
punish someone.” regarding this, he will be punished for zina.
It is stated in Fat-hul Qadeer that there is unanimous consensus amongst This is an example of doubt in an action, because the doubt existed in the
all the Fuqahaa that Hudood is removed if there is doubt. The Hadith which action being halaal or haraam. The issue of whether the slave-girl was
has been narrated with regard to this is authentic and agreed upon. halaal for him or not, is not one of doubt in the Shariah. That is, the Shariah
ruling on the matter is clear, the doubt arose in the mind of the perpetrator
Some examples of doubt: with regard to his action.
1. Doubt with regard to place/time/occasion 3. Doubt in the transaction
a). For example, Nabi (sallallahu alaihi wasallam) once said to someone, Imaam Abu Hanifah (rahmatullahi alaihi) has granted consideration to this
“You and your wealth belong to your father.” This Hadith creates this issue. According to Imaams Abu Yusuf and Muhammad (rahmatullahi
doubt that the slave-girl of the son belongs to the father. Based on this, if alaihima), there is no such a thing as doubt in transacting. For example, if a
the father has intercourse with the slave-girl of his son, then he (the father) man makes Nikah with a woman in the absence of any witnesses. Now,
will not be punished for Zina. The slave-girl of the son was the place of even if he is aware that this is not permissible, nevertheless, if he has
Zina, but since there was doubt in this, the hadd falls away. intercourse with this woman, the penalty of zina will not be carried out on
him, because, after all, he did make a Nikah (albeit a mock one). The
b). Talaaq-e-Baaìn is effected with a Talaaq-e-Kinaayah, however since contract of Nikah validates the hillat (permissibility of intercourse).
most Sahaabah (radhiallahu anhum) say this and others say that Talaaq-e- However, in this case, although there were no witnesses, and there was
Rajì is effected, which means that the bond of Nikah is not broken until actually no hillat, nonetheless, this does become a case of doubt with
the end of the Iddat, hence due to this difference, there is always the doubt regard to hillat. So in this case, although Ta`zeer (another form of
that such a divorced woman is still halaal for her husband. punishment stipulated by the Qaadhi) may be passed, hadd of zina cannot
be carried out.
2. Doubt in the act
Law #13
This would apply to that person who has a doubt with regard to halaal and
haraam. He understands to be halaal when there is no certain proof for it. “Benefit is with responsibility.”
For example, a husband and wife use the things of each other without any
restraint or formalities. Each one of them derives benefit from the It is stated in a Hadith that a person bought a slave. After some time, the
possession of the other and does not deem it impermissible. With this purchaser found some defect in this slave. He brought the case to Nabi
‘understanding’ in mind, a man has intercourse with the slave-girl of his (sallallahu alaihi wasallam), who ruled that the slave be returned to the
wife thinking it to be perfectly in order. This doubt of the husband is not seller. The seller complained that the buyer had derived benefit from the
completely unfounded and he will be given the benefit of the doubt. slave during this period. Nabi (sallallahu alaihi wasallam) said, “Benefit is
with responsibility.”
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Masàlah: CHAPTER NINE
According to Saahibain (rahmatullahi alaihima), if a debtor gave the PRINCIPLES OF IJTIHAAD

amount owing to the one who stood surety for him and the latter prior to
handing the money over to the creditor, invested the money and derived Definition of Ijtihaad
some (halaal) benefit therefrom. The profit attained from this is halaal for
him (the one who stood surety). The reason for this is this Law. It is the expansion of the Faqeeh of his ability, capability and power in
deducing a zanni (conjectural) Sharì ruling.
Definition of a Mujtahid
That Faqeeh who has the ability of making Ijtihaad is known as a

Mujtahid. There are two types of Mujtahids; one is a Mujtahid-e-Mutlaq,
who is able to make Ijtihaad on any issue which is presented to him and
there is a Mujtahid Fil Baàdh, who is only able to make Ijtihaad on certain
issues.
The conditions of Mujtahid-e-Mutlaq
The under-mentioned qualities are necessary in a Mujtahid-e-Mutlaq:

1. Firstly, his Imaan must be intact and strong, because Imaan is a
condition for any Ibaadat. Secondly, is Ijtihaad, where he has
the ability to extract Sharì laws and rulings. It is imperative that
he has the recognition (and fear) of Allaah Taàla. He must also
be fully aware of the means of the propagation of the Laws of
Allaah Taàla was i.e. Nabi (sallallahu alaihi wasallam). He
must also be aware of the Qualities of Allaah Taàla.
2. He must be fully au fait with the text, meaning and rulings of

the Quràan Majeed, because this is the basis of all laws. A
condition is that he should at least be well versed in those
portions in the Quràan Majeed which deal with rulings in the
Deen. Some have stated this include at least 500 Aayaat.
3. He should also be familiar with the text and Sanad (chain of

narrators), of the Sunnat-e-Rasool (sallallahu alayhi wasallam).
He should know their meanings and interpretation. He should
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also know which Hadith is Mutawaatir, Mash-hoor and

Khabar-e-Waahid. He must also be aware of the condition of 4. There is no need for Ijtihaad in such Masaaìl wherein there is
the narrators in Ahaadith. Some have stated that the relevant no ‘contradiction’ nor multiple meanings in the nusoos. That is,
Ahaadith are 1200. those Masaaìl which are as clear as daylight, like Salaat,
Zakaat, fasting in the month of Ramadhaan, the obligation of
Hajj, the total impermissibility of alcohol, adultery, etc.
4. He should be aware of the occasions and instances of Ijma, so
that he does not make Ijtihaad contrary to any Ijma. The reality of the power of Ijtihaad
5. He should have an adequate knowledge of Ilm-e-Usool. 1. “It has been reported from Hadhrat Ibn Masòod (radhiallahu
anhu) that Nabi (sallallahu alaihi wasallam) said, ‘The
6. He should have that much knowledge regarding Nahw(Arabic Quràan has been revealed in seven dialects. Every Aayat has a
grammar), Sarf (etymology) and Lughat (vocabulary), whereby zaahir (apparent meaning) and baatin (hidden) and every limit
he is able to properly understand the meaning of the Quràan has its uniqueness’ (i.e. for the apparent meaning, the
Majeed and Sunnat. knowledge of Arabic grammar is imperative and for the hidden
meaning, the power of insight and understanding is needed).”
The occasions of necessary Ijtihaad
2. “It has been reported from Hadhrat Urwa Bin Zubair
There are four types of Masaaìl; (rahmatullahi alaihi), who says, ‘I asked (Hadhrat Aishah -
radhiallahu anha)regarding the Aayat, ‘Indeed Safa and Marwa
1. Those Masaaìl regarding which there is apparent are from amongst the Signs of Allaah, and he who makes Hajj
‘contradiction’ in the Aayaat of the Quràan Majeed and of the House (Kaabah), or Umrah, there is no harm upon him
Ahaadith. For example, in some Ahaadith there is an instruction that he make Tawaaf of them.’ I said, ‘By Allaah, (It seems that)
for the Muqtadis to recite Surah Faatihah behind the Imaam, and there is no sin on anyone who does not make Tawaaf of Safa
in some narrations there appears to be prohibition for it. In order and Marwa.’ She said, ‘Evil is that which you have spoken. O
to clarify and unravel this ‘contradiction’, it is necessary for the my sister’s son, had the meaning been what you understand it to
Mujtahid to make Ijtihaad. be, then it(the Aayat) would have been, ‘There is no harm upon
him who does not make Tawaaf of them’”
2. In those Masaaìl wherein there is no apparent ‘contradiction’ in
the nusoos (plural of nass), but there are various possibilities of 3. “It has been reported from Hadhrat Ibn Masòod (radhiallahu
meaning and interpretation, due to words which have various anhu) that the Sahaabah (radhiallahu anhum) are the most
implications. It is necessary to make Ijtihaad, in order to virtuous of this Ummat. Their hearts are the most pure, their
minimise the possibilities and come to some definite ruling. knowledge is the most in-depth, and their formalities were the
least.”
3. In those Masaaìl regarding which there is no clear injunction in
the Quràan Majeed and Hadith. In such matters the Qiyaas of 4. “It is reported from Hadhrat Abu Juhaifah (radhiallahu anhu)
the Mujtahid is important. that he asked Hadhrat Ali (radhiallahu anhu), ‘Do you have any
105 106
(written) matter other than what is in the Quràan Majeed?’ He • From the second Hadith we understand that the insight of people
replied, ‘I take an oath on that Being Who has split the seed and varies with regard to understanding the Quràan Majeed and
given life to the soul, we do not have any such thing which is not Hadith. The understanding of some stops with the apparent
in the Quràan Majeed, except that understanding which Allaah meaning, whereas that of others goes to the deeper concealed
Taàla bestows upon a person regarding the Quràan Majeed.” meanings. In this Hadith, the deep point of the Aayat, albeit not so
concealed, was not understood by Hadhrat Urwa (rahmatullahi
5. “It has been reported from Hadhrat Zaid Bin Thaabit alaihi), whereas Hadhrat Aishah (radhiallahu anha) understood it.
(radhiallahu anhu) that during the era of Hadhrat Abu Bakr
(radhiallahu anhu), he (Hadhrat Zaid) was called for on the • From the third Hadith we realise that understanding and insight is
occasion of the battle with the people of Yamaamah. He says, not dependant on status and virtuousness. In fact, it is a special
‘When I reached there I saw that Hadhrat Umar (radhiallahu rank, which owing to one understanding its being deeper in
anhu) was also seated. Hadhrat Abu Bakr (radhiallahu anhu) meaning, attains the status of honour and virtuousness.
mentioned that Hadhrat Umar (radhiallahu anhu) came to him
and informed him that during the expedition of Yamaamah, • From the fourth Hadith we realise that deeper understanding and
many Qurrah (Huffaaz) were martyred. And that he feared that insight is not something which can be acquired by one’s own
if this has to continue then a large portion of the Quràan effort. It is something which is divinely gifted to one. Allaah
Majeed would be lost. Therefore, his opinion was that I compile Taàla grants it to whosoever He pleases.
and gather the Quràan Majeed. I asked Hadhrat Umar
(radhiallahu anhu) how I could do something which was never From the above we understand that power of deep insight and
done during the era of Nabi (sallallahu alaihi wasallam). He understanding is a divinely-gifted rank, wherewith the owner thereof is able
replied that this is a very important and much needed task. He to extract and realise the deep and concealed meanings in the Aayaat and
continued saying this, until, I also acquired contentment of Ahaadith. They are made aware of the secrets whereof others are blissfully
heart regarding the matter as he had.’” [Bukhari] ignorant of.
A few pointers are derived from these five Ahaadith: This is the power of Ijtihaad, whereby deeper insight, understanding,
opinion, Ijtihaad, research, etc. are found.
• From the first Hadith we see that the Quràan Majeed is clear
regarding some meanings whilst others are concealed and deeper. The proof for the permissibility of Ijtihaad
This same premise holds for the Ahaadith, where some meanings
are apparent and clear whilst there are hidden and deeper The first occasion for Ijtihaad: The proof for making Ijtihaad for that
meanings to it. The third Hadith also corroborates this point. The issue which are not mansoos
clear and apparent meaning is known to both the teacher and
student (i.e. the Sahaabah - radhiallahu anhum - and their students 1. The Hadith regarding Hadhrat Maàaz (radhiallahu anhu) which
– Tabieen - rahmatullahi alaihim). But since the Sahaabah had passed previously, when he was asked by Nabi (sallallahu
(radhiallahu anhum) were more virtuous and had deeper insight, alaihi wasallam) what ruling he would pass in matters which
they understood a deeper meaning than the apparent. cannot be found in the Quràan Majeed or Sunnat. He replied
that he will make Ijtihaad and act on his opinion (after research
107 108
and contemplation). This answer of his was like by Nabi night whilst on the expedition of Salaasil. I feared that if I had
(sallallahu alaihi wasallam), who made Shukr to Allaah Taàla. to take a bath I would perish (due to extreme cold), hence I
made tayammum and joined my companions for Salaat. They
2. “It has been reported by Taariq that a person who was in a then informed Nabi (sallallahu alaihi wasallam) of the matter.
state of major impurity (janaabat) did not perform his Salaat. He said to me, ‘O Amar, you had led the Salaat whilst in the
He came to Nabi (sallallahu alaihi wasallam) and related this state of janaabat?’ I informed him (sallallahu alayhi wasallam)
to him who replied that he had done the correct thing. Another of what prevented me from taking a bath, and said, ‘I have
person who was also in the state of janaabat, made tayammum heard the Aayat wherein Allaah Taàla says that we should not
and performed Salaat. When he related this to Nabi (sallallahu kill ourselves and that indeed He is Most Merciful to us.’ Nabi
alaihi wasallam), then Nabi (sallallahu alaihi wasallam) gave (sallallahu alaihi wasallam) then smiled and said nothing
him the same answer as he had given the former person.” The further.’” This Hadith is also a very clear proof for Ijtihaad and
Ijtihaad and Qiyaas in this Hadith is clearly evident. If there was Qiyaas. Upon the query of Nabi (sallallahu alaihi wasallam),
clear nass on any of these issues, then there would be no Hadhrat Amar (radhiallahu anhu) even related his proof, which
question of them asking Nabi (sallallahu alaihi wasallam) after Nabi (sallallahu alaihi wasallam) accepted.
having carried out the respective act. We note that both these
persons did what in their opinion was the correct thing to do and The second occasion for Ijtihaad: the proof for opting one of the many
informed Nabi (sallallahu alaihi wasallam) thereof, who possibilities in an ambiguous Hadith
confirmed both their acts as being correct. There is an accepted
principle that if Nabi (sallallahu alaihi wasallam) heard of “It has been reported from Hadhrat Ibn Umar (radhiallahu anhu) that
anything and he did not reject or refute it, in fact, if he had Nabi (sallallahu alaihi wasallam) said to the Sahaabah (radhiallahu
clearly sanctioned it, then this is a proof of the permissibility of anhum) on the Day of Ahzaab, ‘None of you should perform Asr Salaat
such actions. Nevertheless, it is established that the Sahaabah except at Bani Quraidha.’ Some of them were still on the road when the
(radhiallahu anhum) made Qiyaas even during the era of Nabi time for Asr Salaat came. (There was a difference of opinion amongst
(sallallahu alaihi wasallam) and he consented to it. Note: them) Some of them said that they will not perform Salaat until they reach
Although in the above-mentioned Hadith Nabi (sallallahu alaihi the destination, whilst others decided that they will perform their Salaat
wasallam) consented to the actions of both the persons, it does (since Nabi (sallallahu alaihi wasallam) did not mean that they should not
not mean that even now, after the order of tayammum has been perform their Salaat but rather that they hasten and try to reach the place
promulgated in the Shariah by the Quràan Majeed and the before the time of Asr). When this incident was reported to Nabi (sallallahu
Sunnah, that a person still has the choice of whether to make alaihi wasallam), he did not rebuke nor chastise any of them.” [Bukhari]
tayammum or not and whether he has the choice to either
perform Salaat or not. In other words, now that tayammum is From this incident we see that some of the Sahaabah (radhiallahu anhum)
part of the Deen a person, who does not have access to water or utilised the power of Ijtihaad and understood the meaning of Nabi
is unable to use it, must make tayammum and must necessarily (sallallahu alaihi wasallam)’s statement to mean something else other than
perform Salaat. the actual literal meaning. Nabi (sallallahu alaihi wasallam) did not chastise
them for not acting upon the literal meaning of his statement, and they were
3. “It has been reported from Hadhrat Amar Bin Aas (radhiallahu not accused of not acting upon the literal meaning of the Hadith.
anhu) who says, ‘I once had a nocturnal emission during a cold
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The third occasion for Ijtihaad: The proof for practicing upon the not inform the people (hereof) so that they may rejoice?’ Nabi (sallallahu
causative factor of the ruling of the Hadith alaihi wasallam) said, ‘(No!). For then they will sit back and bank on this.’
Hadhrat Maàaz (radhiallahu anhu) informed the people about this
“It has been reported from Hadhrat Anas (radhiallahu anhu) that a man (Hadith) at the time of his death out of fear of sinning (in having concealed
was accused with the Umme-Walad (slave-girl who bore a child for the a matter of Deen).”
master) of someone in the family of Nabi (sallallahu alaihi wasallam). Nabi
(sallallahu alaihi wasallam) instructed Hadhrat Ali (radhiallahu anhu) to This Hadith clearly gives the prohibition of informing the people regarding
mete out the punishment to him. When Hadhrat Ali (radhiallahu anhu) a certain matter. This prohibition is unrestricted and does not apply to only
came to this person, (who was cooling off in a well and when he was taken a certain place, person or time. Nevertheless, Hadhrat Maàaz (radhiallahu
out) Hadhrat Ali (radhiallahu anhu) noticed that he was castrated (i.e. he anhu) understood this prohibition to be an advise from Nabi (sallallahu
did not have a male organ). Hadhrat Ali (radhiallahu anhu) did not mete alaihi wasallam) which applied only to that time.
out the punishment upon him and informed Nabi (sallallahu alaihi
wasallam) of the matter, who in turn, commended the action of Hadhrat Ali “It has been reported by Hadhrat Abdur Rahmaan Salami (rahmatullahi
(radhiallahu anhu).” alaihi) who states that Hadhrat Ali (radhiallahu anhu) was delivering a
sermon and in that sermon he said, ‘There was a slave-girl who belonged
In this Hadith the instruction of Nabi (sallallahu alaihi wasallam) was clear to the family of Nabi (sallallahu alaihi wasallam) and she committed
and unambiguous. However, Hadhrat Ali (radhiallahu anhu) understood the adultery. Nabi (sallallahu alaihi wasallam) instructed me to lash her, and
causative factor in the instruction of Nabi (sallallahu alaihi wasallam) and when I came to her, I found that she was in nifaas (i.e. she just recently
found it to be absent in the man, hence he did not carry out the instruction gave birth). I feared that if I had to lash her, she would die, so I did not
of Nabi (sallallahu alaihi wasallam). Nabi (sallallahu alaihi wasallam) not lash her. I informed Nabi (sallallahu alaihi wasallam) of my decision, and
only accepted this action of Hadhrat Ali (radhiallahu anhu), but he praised he consented to it, saying, ‘Leave her now, until she regains her health.’”
it.
Notwithstanding the fact that this Hadith was unrestricted and did not have
The fourth occasion for Ijtihaad: The proof for understanding a ruling any conditions attached therewith, nevertheless, Hadhrat Ali (radhiallahu
of Nabi (sallallahu alaihi wasallam) which is apparently unrestricted to anhu) utilised his power of Ijtihaad and thought that this woman would not
be restricted be able to withstand a lashing. He attached this reasoning of his to the
instruction of Nabi (sallallahu alaihi wasallam). He acted on this reasoning
“It has been reported from Hadhrat Anas (radhiallahu anhu) that Nabi of his and Nabi (sallallahu alaihi wasallam) accepted and commended his
(sallallahu alaihi wasallam) was mounted on a conveyance and Hadhrat decision.
Maàaz (radhiallahu anhu) was seated behind him (sallallahu alayhi
wasallam). Nabi (sallallahu alaihi wasallam) said, ‘O Maàaz!’, Hadhrat It is not permissible for that person who does not have the capability of
Maàaz (radhiallahu anhu) replied, ‘I am present and at your service.’ This making Ijtihaad to do so
was called out and replied to thrice. Thereafter Nabi (sallallahu alaihi
wasallam) said, ‘There is not anyone who with a sincere heart testifies that It is possible that a person may be a Haafidh of Hadith, but he does not
there is no deity other than Allaah and that indeed Muhammad is the have the capability of making Ijtihaad. The proof for this is:
Rasool of Allaah, except that Allaah Taàla makes The Fire haraam upon
him.’ He then asked, ‘O Rasulullaah (sallallahu alayhi wasallam)! Should I
111 112
1. “It has been reported by Hadhrat Ibn Abbaas (radhiallahu relating Ahaadith is one thing, and to give Fatwa and make Ijtihaad is
anhu) who said that a person during the era of Nabi (sallallahu purely another.
alaihi wasallam) was wounded and then he had a nocturnal
emission. His companions instructed him to take a bath. He took 3. “It has been reported by Hadhrat Ibn Masòod (radhiallahu
a bath and passed away. When this news reached Nabi anhu) that Nabi (sallallahu alaihi wasallam) said, ‘May Allaah
(sallallahu alaihi wasallam), he said, ‘Those people (the keep fresh that servant of His who listens to my Hadith and
deceased’s companions) have killed him. Is not asking (those safeguards it and after memorising it he passes it on to others.
who know), the cure for ignorance? It was sufficient for him to (Because) Some who carry knowledge (those who relay the
have made tayammum or place a bandage over his wound and message to others) are not Faqeehs (i.e. they do not fully
wash the rest of his body.’” [Abu Dawood] understand it), and some carry the Fiqh (Ahaadith) to those
who understand it better than them (the one who relayed the
That man’s companions understood the Aayat which instructs bathing message).” [Tirmidhi/Abu Dawood]
when in the state of janaabat to be general and applicable to all conditions.
They took the Aayat which grants respite to the injured and traveller to be This Hadith is clear proof that some Muhaddith, who are Haafidh of many
specific and of a lesser degree. Nabi (sallallahu alaihi wasallam) censured Ahaadith, are not necessarily Faqeehs, where they are able to make Ijtihaad
this decision of theirs, not because he disapproved of Qiyaas or Ijtihaad, and Qiyaas.
because the proof for this has already passed above, rather he indicated to
this fact that (in this case) those who made the Ijtihaad, did not have the Can a Mujtahid-e-Mutlaq be found in present times also?
capability (and expertise) to do so. Because of this, they were unqualified
to make Qiyaas or Ijtihaad. There is no impossibility or impediment for the existence of the ability of
Ijtihaad in any era or place, however experience and testification bears
2. “It has been reported from Hadhrat Ataa Bin Yasaar witness to the fact that the ability of Ijtihaad which is to be found in a
(rahmatullahi alaihi) who says that a person asked Hadhrat Ibn Mujtahid-e-Mutlaq, has long been absent. If in this present era there
Amar Bin Aas (radhiallahu anhu) regarding a man who happens to be a Mujtahid-e-Mutlaq, and if his claim and existence is
divorced his wife thrice, before consummation. Hadhrat Ataa satisfactorily substantiated by his work and research, then there would be
(rahmatullahi alaihi) says, ‘I replied that only one Talaaq is no reason to reject his being a Mujtahid.
effected for a virgin’. Hadhrat Abdullah said to me that I am
just an orator (i.e. I am not able to pass a Fatwa). He said that If any person makes the claim of being a Mujtahid-e-Mutlaq, then to put
one Talaaq will make her Baaìnah and three will make her him to the test would be very simple. Any Fiqh Kitaab, the text of which is
haraam until she marries another husband (i.e. makes devoid of written proofs, must be presented to him and any 100 Masaaìl
halaalah).” [Maalik] must be extracted therefrom and he should be asked to substantiate all these
by citing Quràan Majeed and Hadith nass. The principles which he uses in
Notwithstanding Hadhrat Ataa (rahmatullahi alaihi) being such a great his substantiation must also be proven by him from the Quràan Majeed
Muhaddith and Aalim, Hadhrat Abdullaah (radhiallahu anhu) disregarded and Hadith. When he has completed answering all this, then his answers
and discarded his Fatwa indicating that he did not have the ability to make and that of the Fuqahaa must be matched. This should make matters clear.
Qiyaas or Ijtihaad. The crux of the matter is that having knowledge and
113 114
Nevertheless, according to the rational observers it is established that the latter Hanafi Ulama have taken the ruling of the Maaliki Math-
treasure and ability of Ijtihaad has been lost after four centuries (since the hab in this regard.
era of Nabi - sallallahu alaihi wasallam). An example of this can be taken
by comparing the excellent memories which Allaah Taàla had bestowed Today also, if the Ulama find there to be a pressing and community need
upon the Muhadditheen of the past, and one will note that this is virtually for a ruling, then the Ulama will look at the rulings of the four Imaams of
non-existent in present times. (If Allaah Taàla wills that a Mujtahid be Fiqh and they will make a ruling which conforms with the view of any one
born in the future and he can be proven to be genuine, then as mentioned of the Imaams. Nevertheless, one needs to exercise caution in this regard
previously there is no impossibility in this). and the ruling of the Imaam which is taken must not be taken in isolation,
but all its relevant and associated principles and laws must also be
Above it was mentioned that the ability of Ijtihaad is presently non-existent considered. Another thing is that one must not merely form his own view
and has been so for the past many centuries, this refers to the high standard on a matter and issue a ruling without having consulted with other reliable
of Ijtihaad which was present in the past. Ulama on the matter.
Is there no need for Ijtihaad in present times? THE MUJTAHID-E-A`ZAM, IMAAM ABU HANIFAH
(RAHMATULLAHI ALAIHI)
To have that level of Ijtihaad where the established principles of a
Mujtahid-e-Mutlaq are used in order to solve Masaaìl regarding There were numerous Mujtahiddeen and all of them are worthy of respect
contemporary issues and then to take the proofs of two sides and opt for and honour, however, since the Fiqh of Imaam Abu Hanifah (rahmatullahi
one of them, is not non-existent. Personalities with that much of Ijtihaadi alaihi) is generally practiced in our midst, we will look briefly into his life.
ability can be found in every era.
Imaam Abu Hanifah (rahmatullahi alaihi), whose name was Nu`maan Bin
What is the solution to contemporary issues and new conditions which Thaabit, was born in the year 80 A.H., which was an era of the Sahaabah
arise? (radhiallahu anhum) and it was an era of great blessings as well. Imaam
Saheb (rahmatullahi alaihi) himself relates that he met with seven Sahaabah
For this are the following means: (radhiallahu anhum), amongst them was Hadhrat Anas Bin Maalik, Hadhrat
Abdullah Bin Juz Zubaidi, Hadhrat Jaabir Bin Abdillaah, , Hadhrat Ma`qal
1. By using the established principles of one’s Math-hab, the Bin Yasaar, Hadhrat Waathilah Bin Asqa` and Hadhrat Aishah Binti Ajrad
contemporary issues can be solved by establishing proofs from (radhiallahu anhum). This makes Imaam Saheb (rahmatullahi alaihi) a
the Quràan Majeed and Ahaadith. Tabièe. This is such an honour which is not enjoyed by of the other three
2. Those Masaaìl which become confusing due to the changing of Imaams of Fiqh.
customs and habits of people, then the Ulama will contemplate
over these habits and cultures and investigate the same. He passed away in the year 150 A.H. He spent the major portion of 70
3. If there appears a great and pressing community or social need, years of his life in acquiring Ilm. He spent 18 years in the company of
then a specific Masàlah of one particular Imaam of Fiqh or Hammaad Bin Abi Sulaiman (rahmatullahi alaihi), wherein he gained
Mujtahid will be opted for. Like for example, in the case of a expertise in Fiqh.
woman whose husband has been missing for a long period, the
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Imaam Abu Hanifah (rahmatullahi alaihi) and Ilm-e-Hadith Mullah Ali Qaari (rahmatullahi alaihi) reports from Imaam Muhammad Bin
Samaà (rahmatullahi alaihi), “Imaam Abu Hanifah (rahmatullahi alaihi)
The Shuyookh and Asaatizah (mentors and teachers) of Imaam Saheb in has recorded more than 70 000 Ahaadith in his compilations.”
the field of Hadith are innumerable. He had four thousand Ustaads in
Hadith, all of whom were Tabieen. Once when he was asked by the Abbasi The compilations of Imaam Saheb (rahmatullahi alaihi) refers to whatever
Khalifah, Abu Ja`far Mansoor, as to who he acquired knowledge from, he had related and what his students had recorded in their respective works.
Imaam Saheb (rahmatullahi alaihi) replied that he acquired Ilm from the
students of Hadhrat Umar (radhiallahu anhu), Hadhrat Ali (radhiallahu Imaam Abu Hanifah’s (rahmatullahi alaihi) sagacity at Ahaadith
anhu), Hadhrat Abdullah Bin Masòod (radhiallahu anhu) and Hadhrat
Abdullah Ibn Abbaas (radhiallahu anhu). Allamah Suyooti (rahmatullahi 1. The famous Muhaddith, Yazid bin Haroon (rahmatullahi alaihi)
alaihi) lists in his Kitaab, Tabyeedhus Saheefah, from Allamah was once relating statements of Imaam Ebrahim Nakhaèe
Jamaaluddeen Mazi (rahmatullahi alaihi) at least seventy six (76) great, (rahmatullahi alaihi), when a person asked him, “Narrate some
great Shuyookh under whose tutelage Imaam Saheb (rahmatullahi alaihi) statements of Nabi (sallallahu alaihi wasallam).” Yazid bin
acquired Ahaadith. Amongst them are: Haroon (rahmatullahi alaihi) told him, “O foolish man! This is
Ebrahim Bin Muhammad Muntashir, Hakam Bin Utbah, Hammaad Bin the interpretation of Nabi (sallallahu alaihi wasallam)’s
Abi Sulaimaan, Rabiàtur Rai, Ziyaad Bin Ilaaqah, Aasim Bin Kulaib, statements. If you do no understand the meaning, then what are
Àamir Sha`bi, Abdur Rahmaan Bin Hurmuzul A`raj, Ataa Bin Abi you going to do with the Hadith? People today are only
Rabaah, Ikramah, the Mawla (freed slave) of Ibn Abbaas, Qataadah Bin interested in listening to Ahaadith, if you had to spend you time
Waàama, Ja`far Saadiq, Imaam Zuhri, Muhammad Bin Munkadir, Naafi`, and energy in seeking knowledge, then you would learn the
the freed slave of Ibn Umar, Hishaam Bin Urwah, Yahyah Bin Saèed Tafseer and the meaning of Ahaadith. You would study and
Ansari, Abu Is`haaq Sabeeì, etc. refer to the works of Abu Hanifah and in this way the
interpretation of the Ahaadith would be unravelled before you.”
The famous Muhaddith, Imaam Musàr Bin Kudaam (rahmatullahi alaihi) –
passed away 155 A.H. – states, “I acquired the knowledge of Hadith 2. Ameerul Mu`mineen in Ahaadith, Imaam Abdullah Bin
together with Abu Hanifah, but he overpowered us (i.e. he excelled in Mubaarak (rahmatullahi alaihi), always used to say to his
class). When we exercised Zuhd (abstinence), then there too he excelled us. students, “You should understand (the study of) Ahaadith and
We studied Fiqh with him and his excellence in this field is not hidden from narrations to be necessary, but together with this there is a need
anyone.” for Abu Hanifah, because he understood the meaning of
Ahaadith.” He would also always say, “Ulama cannot be
The Imaam of Jarah Wa Ta`deel (one who deals in critical examination of independent of Abu Hanifah. Even if for nothing else, but most
narrators of Ahaadith), Yahya Bin Saèed Qattaan (rahmatullahi alaihi), certainly for the Tafseer of Hadith.”
states, “I take an oath on Allaah, Imaam Abu Hanifah (rahmatullahi
alaihi) is the greatest Aalim of this Ummat regarding whatever came from 3. Wakee` Bin Jaraah (rahmatullahi alaihi) used to say to the
Allaah Taàla and His Nabi (sallallahu alaihi wasallam).” Muhadditheen, “O People! You seek Hadith, but not its
meaning. In this your lives and efforts are being wasted away. I
have the desire that I had at least 1/10 of the Fiqh of Abu
Hanifah.” One day he told the gathering, “People, listening to
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Hadith without having Fiqh (understanding thereof), does not Imaam Abu Hanifah’s leadership in Fiqah
benefit you. In this way you will not gain anything unless you sit
in the company of the students of Abu Hanifah, and they relate 1. Imaam Shaafi (rahmatullahi alaihi) stated, “People are the
to you the Tafseer of the Ahaadith.” One day in the gathering of family of Abu Hanifah (rahmatullahi alaihi) with regards
Wakee` a Hadith was presented, whose subject matter was Fiqh.” He also said, “That person who did not study the
difficult. He stood up and sighed, “What is the use now of Kitaabs of Imaam Abu Hanifah (rahmatullahi alaihi), he has
regretting? If only that Sheikh (Imaam Abu Hanifah - not attained an insight in knowledge, and neither can he become
rahmatullahi alaihi) (was present), this difficulty would have a Faqeeh.”
been solved.”
2. Wakee` (rahmatullahi alaihi) stated, “I have not found anyone
4. One day someone asked a few questions of A`mash who is a greater Faqeeh than Abu Hanifah (rahmatullahi
(rahmatullahi alaihi). Imaam Abu Hanifah (rahmatullahi alaihi) alaihi).”
was also present in that gathering. Imaam A`mash (rahmatullahi
alaihi) asked Imaam Saheb for his view on the questions. Imaam 3. Yahya Bin Aadam (rahmatullahi alaihi) states, “There is a
Saheb gave his view, to which A`mash asked, “What is you consensus amongst all the people of Fiqh and learned that there
proof for this?” Imaam Saheb told him that the proof of it lies is no greater Faqeeh than Abu Hanifah (rahmatullahi alaihi).
in the Ahaadith which he (A`mash) had taught him. Imaam He has excelled in this field in such depth that none before him
Saheb (rahmatullahi alaihi) then narrated a few Ahaadith with had done. This is the reason why Allaah Taàla had shown him
their sanads, and explained the Masaaìl therefrom. Imaam the way.”
A`mash (rahmatullahi alaihi) was extremely pleased and
commented, “What I had narrated over a few days, you had 4. Abdullah Bin Mubaarak (rahmatullahi alaihi) says that he saw
related in an hour. I never knew that you practiced upon these.” Hasan Bin Ammarah (rahmatullahi alaihi), who was a great
Thereafter he said, “O group of Fuqahaa, You are (like) the Muhaddith and the Ustaad of Hadhrat Sufyaan Thauri -
doctors and we are (like) chemists (i.e. we have the stock of rahmatullahi alaihi), holding the stirrup of Imaam Abu Hanifah
medicine, but we cannot administer them for the various and saying, “I take an oath on Allaah, I have not seen anyone
illnesses).” who was more in-depth and intelligent in Fiqh than him (Imaam
Saheb). He was the Imaam of all the Fuqahaa of his era. As for
The authoritativeness and reliability of Ahaadith from Imaam Abu those who criticise him, do so purely out of jealousy.”
Hanifah (rahmatullahi alaihi)
The mode of Imaam Abu Hanifah’s (rahmatullahi alaihi) Fiqhi
The famous Muhaddith, Yahya Bin Muèen (rahmatullahi alaihi) says, research
“Abu Hanifah is reliable and trustworthy with regard to narrating
Ahaadith. What would be your opinion of that person whose reliability and When the Ustaad of Imaam Abu Hanifah (rahmatullahi alaihi), Hammaad
trustworthiness in relating Ahaadith was sanctioned by the likes of Bin Sulaiman (rahmatullahi alaihi) passed away, his companions forced
Abdullah Bin Mubaarak and Wakee` (rahmatullahi alaihima).” Imaam Saheb to succeed him, but Imaam Saheb refused. Eventually they
reached the decision that ten of them will remain with Imaam Saheb for a
year and they will assist and support him in the Fatwa of every Masàlah
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(i.e. that they will, after reflection and research, reach a consensus on each The piety and Ibaadat of Imaam Abu Hanifah (rahmatullahi alaihi)
Masàlah). This arrangement was implemented. Thereafter, the foundation
was laid for the codification of Fiqh. It is stated in Durrul Mukhtaar, that at 1. Ahmad Bin Bashr and Hafs Bin Ghayaath (rahmatullahi
the time of this codification of Fiqh, Imaam Saheb had a group of 1000 alaihima) said, “Whichever Aabid we looked at, we found him
Ulama with him, of which 40 reached the rank of Ijtihaad. He told them lacking in matters of halaal and haraam, and whichever Faqeeh
that he had codified and brought in control the laws and principles, and we looked at we found him lacking in enthusiasm for Ibaadat,
now he requires their assistance. Thereafter, whenever any Masàlah was except, Abu Hanifah (rahmatullahi alaihi). Allaah Taàla has
presented, he would consult with them. He would listen to whatever blessed him with these two qualities to perfection.”
Ahaadith or narrations they presented in answer and he would do likewise.
In this way, some Masaaìl would take months to solve. Whenever any 2. Allamah Zahbi (rahmatullahi alaihi) writes, “It has reached us
Masàlah was resolved, Imaam Abu Yusuf (rahmatullahi alaihi) was by Tawaatur, that owing to Abu Hanifah’s (rahmatullahi alaihi)
charged with recording it. excessive Ibaadat and standing at nights for Tahajjud, he would
be like a (tent) peg, as he would not move and shake.”
On one occasion a few Ulama gathered around the great Muhaddith,
Wakee` (rahmatullahi alaihi). One of them said, “In this Masàlah, Abu 3. Abdullah Bin Mubaarak (rahmatullahi alaihi) states, “I have
Hanifah had erred.” Wakee` (rahmatullahi alaihi) replied, “How can Abu never seen a person more fearful (of Allaah Taàla) and
Hanifah err, when he has (the likes of) Abu Yusuf and Zufar making abstinent than Abu Hanifah (rahmatullahi alaihi). His
Qiyaas, Yahya Bin Zaaìdah, Hafs Bin Ghayaath and Hibbaan in Ahaadith, abstinence was tested in lashes and wealth. That is, at the time
Qaasim Bin Maàn in Arabic Grammar and eloquence, Dawood Taèe and when he was being lashed for not taking up the post of a judge,
Fudhail Bin Ayaadh in abstinence and piety? How can a person who has he did not falter and slip even once and as far as wealth was
the likes of such personalities assisting him, err? Even if he was to err, then concerned he would exercise caution over every little amount,
these persons would most certainly have corrected him.” and if there was doubt, he would give it away in Sadaqah.”
Khateeb Baghdaadi (rahmatullahi alaihi) states, “The companions of Abu

Hanifah (rahmatullahi alaihi) who discussed and solved Masaaìl with him
were, Abu Yusuf, Zufar, Dawood Taèe, Asad Bin Amar, Aa`fia Audi,
Qaasim Bin Maàn, Ali Bin Mus-hir, Mundil Bin Ali and Hibbaan Bin Ali
(rahmatullahi alaihim). Whenever they began discussing any Masàlah,
and if Aa`fia was not present, Imaam Abu Hanifah (rahmatullahi alaihi)
would say, ‘Do not complete or resolve this Masàlah until Aa`fia arrives.’
When Aa`fia would arrive and he would agree with their views, then
Imaam Abu Hanifah would say, ‘Now record this Masàlah.’ If Aa`fia did
not agree with their views, then Imaam Saheb would prohibit the recording
of the Masàlah.”
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CHAPTER TEN person on the condition that it be paid in another city. Hadhrat
Umar (radhiallahu anhu) detested this sale and said, ‘Where is
PRINCIPLES OF TAQLEED the wage of the carrier?’” Since there was no clear Hadith of
Nabi (sallallahu alaihi wasallam) on this issue, hence this was
What is Taqleed? the Qiyaas of Hadhrat Umar (radhiallahu anhu). Since Hadhrat
Umar (radhiallahu anhu) did not give a proof for his view
Taqleed means to accept the view of a Mujtahid and to acknowledge it to neither did the questioner request the same, but it was merely
be in conformity to some Sharì proof, without seeking the proof for it. accepted and practiced upon, this is known as Taqleed.
To make Taqleed of a Mujtahid is not to understand him to be a formulator 3. “It has been reported from Ubaid Bin Abi Saleh, who says, ‘I
of originator of the Shariah, rather it is to accept him as one who expounds sold some barley to the people of Daarun Nakhlah, and
and interprets the rulings of the Shariah. He is also taken to be one who specified a certain time for payment. I later intended going to
dilate upon the Shariah and makes apparent the injunctions of Allaah Kufa, when these people made a request of me that I reduce the
Taàla and Rasulullaah (sallallahu alayhi wasallam). For example, we make amount for them and they will pay me cash. I asked Zaid Bin
Taqleed of Imaam Abu Hanifah (rahmatullahi alaihi), based on this we say Thaabit (radhiallahu anhu), who replied, ‘I do not permit you to
that he is a great Aalim of the Quràan Majeed and Sunnah. He has the do this, neither to eat or feed from this.’” In this incident,
ability to make Ijtihaad and whatever ruling he shows us, is in conformity Hadhrat Ubaid Bin Abi Saleh (rahmatullahi alaihi) did not ask a
to the Quràan Majeed and Sunnah. proof from Hadhrat Zaid Bin Thaabit (radhiallahu anhu). This is
Taqleed.
The proofs for the permissibility of Taqleed
The Sharì decree regarding Taqleed-e-Shakhsi (i.e. to follow only one
1. “It has been reported from Aswad Bin Yazeed who says that Mujtahid)
Hadhrat Maàaz (radhiallahu anhu) came to them in Yemen as
a teacher and leader. We once asked regarding the ruling of a “It has been reported from Huzail Bin Sharahbeel in a lengthy Hadith, the
man who passed away and left a daughter and sister as heirs. summary of which is, he says, ‘Abu Moosa was asked a Masàlah, and then
He ruled that the daughter gets half and the sister half. the same question was asked of Ibn Masòod and he was told of the reply of
Rasulullaah (sallallahu alayhi wasallam) was alive at that Abu Moosa. Hadhrat Ibn Masòod (radhiallahu anhu) gave another ruling.
time.” In this incident the questioner did not request a proof When Hadhrat Abu Moosa (radhiallahu anhu) was informed thereof he
from Hadhrat Maàaz (radhiallahu anhu), but relied on his piety said, ‘As long as this reputable Aalim is in your midst, do not ask anything
and knowledge and accepted his ruling without any dispute. of me.’”
This is Taqleed. There is no refutation or disapproval
established for this from Rasulullaah (sallallahu alayhi This statement of Hadhrat Abu Moosa Ashàri (radhiallahu anhu) makes it
wasallam). evident that whoever asked anything of him, he would refer him to Hadhrat
Ibn Masòod (radhiallahu anhu). This is what is known and Taqleed-e-
2. “It has been reported from Imaam Maalik (rahmatullahi alaihi) Shakhsi.
that someone asked Hadhrat Umar (radhiallahu anhu)
regarding a person who gave some grain on credit to another
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Taqleed-e-Shakhsi is necessary in these times writing down the Quràan Majeed and Hadith are not sought directly from
the Quràan Majeed and Hadith, so too the proof for Taqleed-e-Shakhsi
The meaning of Taqleed-e-Shakhsi being imperative cannot be sought directly from Quràan Majeed and Hadith.
There are two reasons why a thing is necessary or Waajib; There would be disorder and interference in executing those matters
The one is where the Quràan Majeed or Hadith has commanded it, for which are binding, without making Taqleed-e-Shakhsi in this present
example, Salaat, fasting, Zakaat, etc. Such incumbencies are known as era
Wujoob Biz Zaat (binding and incumbent by virtue of themselves).
1. Having knowledge and practice purely for the sake of Deen
The second is where the thing itself has not been specifically made 2. The base desires must be overpowered by matters of Deen, i.e.
incumbent, but a thing which has been made incumbent in the Quràan to make the base desires subservient to the Deen and not to
Majeed and Hadith cannot be properly executed without this (former) make the Deen subservient.
thing. Hence, this thing also becomes necessary and binding. Such a 3. To safeguard oneself from such matters, wherein there is an
necessity is known as Wujoob Bil Ghair (binding and necessary by virtue overwhelming fear of harm to the Deen.
of something else). 4. Not to be in opposition to the Ijma of the Ahle Haqq.
5. Not to exceed the limits of the Shariah laws.
For example, to compile and gather the Quràan Majeed and write it (into
one book), has not been made incumbent in the Shariah. In fact, from one The incumbency and necessity of these issues are clear and apparent. There
Hadith, it has been ascertained that writing, itself, has not bee made is no need to list proofs for them. Experience and logic bear testimony to
compulsory. “It has been reported from Ibn Umar (radhiallahu anhu), who the fact that not making Taqleed-e-Shakhsi, results in the above-mentioned
says that Nabi (sallallahu alaihi wasallam) said, ‘We are an unlettered matters falling into disorder and mayhem. The reason for this is that in
Ummat. We do not know to write or calculate.” present times, the dispositions and nature of most people will fall prey to
mischief and vanity, as is borne out by those Ahaadith which list the fitnahs
When general writing and calligraphy is not binding and Waajib, how then of the future times.
can writing the Quràan Majeed be Waajib? However, there is emphasis in
the Shariah on preserving and safeguarding the Quràan Majeed from Hence if Taqleed-e-Shakhsi is not practices, then three scenarios will
destruction. Experience and logic dictates that when memories become ensue
weak, there is no other way of preserving except by means of calligraphy.
It is for this reason why writing and recording the Quràan Majeed and The first scenario
Ahaadith becomes binding and necessary. However this compulsion is
because of something else, which in this case is the preservation of the Some people will imagine themselves to be Mujtahids and they will begin
Quràan Majeed and Hadith, whereupon is based this compulsion. making their own Qiyaas, whereas in reality they will be wholly
unqualified for it.
Similarly, Taqleed-e-Shakhsi is also Waajib Bil Ghair. The contributing
factor which makes Taqleed binding are those things which the Quràan In such a case, when Ijtihaad becomes the order of the day, then the mass
Majeed and Hadith command. The execution of these things are dependant distortion and tampering in the Deen which will result, will not be
upon Taqleed-e-Shakhsi. Just as how the proof for the incumbency of surprising. For example, the Mujtahiddeen of bygone times had discerned
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through the power of Ijtihaad that some nusoos was Muàllal (i.e. having permissible according to all jurists. It is for this reason that a suitable
some causative factor). That is, the injunction and ruling in the nusoos was interpretation will be found for this Hadith through the power of Ijtihaad. If
dependant upon some specific Illat. This understanding and reasoning of practice is made upon the apparent meaning of this Hadith, then one will be
theirs was correct and accepted. Similarly, some people in present times acting contrary to the Ijma of the Ummat.
have averred that they have found the incumbency of wudhu to be muàllal.
The causative factor which made wudhu necessary (according to these The third scenario
pseudo ‘mujtahids’) is that the Arabs were a nation that generally herded
sheep and camels, and their hands would mostly becomes soiled as a result Making Taqleed of just any of the Aimmah in difficult Masaaìl. That is,
of this. These (soiled) hands would then touch the face. It is for this they sometimes adopting the Fatwa of one Mujtahid and other times taking the
were commanded to make wudhu so that their hands and faces become Fatwa of another. The evils of this practice are;
clean. In this context the washing of these limbs, which are generally
exposed, is required in wudhu. Now, since we bath every day and sit in a). There will be times when one will be acting contrary to Ijma. For
buildings, our bodies are always clean. Therefore, wudhu is not necessary example, a person makes wudhu, whereafter he starts bleeding. According
for us and we can perform Salaat without making wudhu. Such ‘reasoning’ to the Hanafi Math-hab wudhu breaks with the flowing of blood, so he says
goes completely against the general consensus of the entire Ummat. that he will adopt the Shaafi Ruling in this case and his wudhu is not
broken. And then he touches a woman with desire and says that he adopts
The second scenario the Fatwa of Imaam Abu Hanifah (rahmatullahi alaihi) in this case and his
wudhu is not broken, whereas according to Shaafi Math-hab is wudhu is
To deem Ijtihaad as being completely non-acceptable. This results in not broken. In this condition, without renewing his wudhu, he performs Salaat.
making Ijtihaad and not following or accepting the Ijtihaad of others. Only
the apparent meaning of the Hadith is practiced upon. The evils of this type Now, according to consensus the wudhu of this person is broken, albeit in
of mentality is as follows; different ways, hence according to all Aimmah, his Salaat is baatil
a). Such people will not practice upon those Masaaìl which are not to (invalid). In this way, he has acted contrary to Ijma.
be found explicitly in the Quràan Majeed or Ahaadith, because they do not
make Ijtihaad nor do they accept the Ijtihaad of others. They deem Ijtihaad b). Since the object and primary aim of the naffs is to satisfy the carnal
as being impermissible and they do not find these Masaaìl being desires, therefore, in Masaaìl where there is a difference of opinion, the
mentioned in the nass. It therefore becomes necessary that they omit such naffs would opt for the view wherein it finds pleasure and where its
Masaaìl. Since all Masaaìl fall within the parameters and scope of the worldly objective can be accomplished. Such a person will not adopt a
Shariah, it follows that such people will fall out of the Shariah by virtue of view thinking it to be Deen, in fact, his primary objective would be to
their not practicing or accepting a part of the Shariah. achieve some (worldly and nafsaani) benefit. Such a person will always
make the Deen subservient to his base desires. It is clear that the intention
b). To practice upon the literal and apparent meaning of some Ahaadith of such a person when carrying out any act would be to satisfy his naffs and
is clearly impermissible. For example the Hadith, “(Nabi - sallallahu alaihi attain some worldly benefit.
wasallam) Performed Zuhr and Asr Salaat together and Maghrib and Esha
Salaat together, when there was no fear or not on journey.”[Muslim] If the view of one Imaam does not suit his fancy, then he will seek the view
Whereas, to combine any two Salaats in one time (for example, to perform of another Imaam. The result being that his intention in the knowledge and
Zuhr and Asr in the time of Zuhr, as is understood by the Hadith) is not practice of Deen would not be to acquire the Pleasure of Allaah Taàla.
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For the person whose naffs tastes such freedom, it will not be long when Since the recording of such things would lead to the general masses being
this freedom of his will lead to (tampering in the beliefs regarding) the waylaid, Nabi (sallallahu alaihi wasallam) prohibited the recording thereof.
basic tenets of Deen, and it is unavoidable and inevitable that this will A person like Hadhrat Umar (radhiallahu anhu) whose Imaan and belief
cause great harm to his Deen. was strong and firm, was also prohibited from this. From this we deduce
that whatever may lead to the deviation of the general public is prohibited
The above discussion makes very clear and apparent that there will be great also for the selected few.
distortion and mayhem in one’s Deen, with regard to the above-mentioned
five matters, if one does not make Taqleed-e-Shakhsi. 2. “It has been reported by Shaqeeq (rahmatullahi alaihi) who says
that Hadhrat Abdullah Bin Masòod (radhiallahu anhu) would advise them
The objection to the obligation of Taqleed-e-Shakhsi being general, every Thursday. Some one commented, ‘O Abu Abdur Rahmaan, we desire
and its reply that you advise us every day.’ He replied, ‘This matter prevents me (to
lecture every day), that you may become bored, therefore by occasional
Objection: lecturing, you are more attentive. Just as Rasulullaah (sallallahu alayhi
wasallam) also, for fear of getting us bored, used to advise us only
It has been clearly mentioned in the above discussion that the natural sometimes in order to keep our attention acute.’” [Bukhari/Muslim]
dispositions and natures of people, nowadays, are such that if they do not
make Taqleed-e-Shakhsi, they will become inevitably embroiled in great It is apparent that not all the listeners would get bored, this is borne out by
mischiefs. Now, since this applies to some (albeit the majority), why is the the enthusiasm of the questioner. However, in considering the disposition
incumbency of Taqleed levelled at everyone? of the general listeners, this prohibition had to apply to everyone. This was
also the practice of Rasulullaah (sallallahu alayhi wasallam).
Reply:
The reason for the specification of the four Mathaahib, and more
There is a rule that in order to safeguard administrative and general laws specifically that of the Hanafi Math-hab?
from disruption and mischief, the majority is taken into account. A general
promulgation is issued based on the condition of the majority. This then is Since it has been sufficiently proven and discussed above that Taqleed-e-
the meaning of the statement of the Fuqahaa, that if permission is granted Shakhsi is incumbent and that to opt for the rulings of different Mujtahids
for some act, and there is an overwhelming fear that it will lead to would necessitate great mayhem and evils, it follows that Taqleed be made
corruption of the masses, then the execution of such an act will be of such a Mujtahid whose principles and corollaries are sound and such that
impermissible for the special minority as well. This rule is substantiated by virtually every question (of Deen) is answered, either in whole or part, so
the following Ahaadith, that there never arises the need to refer to another Mujtahid. This quality
and traits can be found, with the Fadhl of Allaah Taàla, in the four Math-
1. “It has been reported from Jaabir that Umar (radhiallahu anhu) habs, and not in any other. It is therefore necessary that one of these four
came in the service of Nabi (sallallahu alaihi wasallam) and asked, ‘Indeed Math-habs be opted for, because to choose another fifth Math-hab would
we hear some narrations from the Jews which are good, do you consent to lead to all the evils explained above. If the answer to any question is not
us writing some of these down?’ Nabi (sallallahu alaihi wasallam) replied, found in that (new fifth) Math-hab, then it will be necessary to refer to
‘Do you also desire to be astonished by the religion of the Jews and another Math-hab, which will inadvertently give rise to the evils listed
Christians as they are?’” [Ahmad] above, where the naffs will eventually be given the upper-hand and become
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habituated to satisfying its own pleasures. This is the reason why the Hanafi Math-hab? The answer to this is that if this person is in such a place
limitation exists in following only one of these four Mathaahib. Based on where the Hanafi Math-hab is predominant, then this factor in itself is a
this, the majority of the Ulama, over the centuries, have practiced upon reason for his following this Math-hab. However, if he is in a place where
this. To such an extent that some Ulama have unanimously limited the Ahle different Mathaahib are being equally practiced, then he has a choice of
Sunnat Wal Jamaat to these four Mathaahib. following one of those Mathaahib, provided he remains steadfast upon that
Math-hab.
This matter remains, as to why the Hanafi Math-hab has been chosen over
the other three? The answer to this is that we are in such a situation (place) A few doubts regarding Taqleed and their replies
where the Hanafi Math-hab has gained precedence. The Ulama and Kitaabs
in our midst are of this Math-hab. If we have to choose another Math-hab, First objection
then it will become difficult for us to conform and learn the Masaaìl,
because the Ulama are much more proficient and accustomed to their own Taqleed has been censured in the following Aayat of the Quràan Majeed,
Math-hab than to other Mathaahib. “When it is said to them that they follow what Allaah has revealed, they
say, ‘No, we follow that upon which we found our forefathers (doing).’
The question would then arise that if you go to a place where all the What (will they follow them) when their forefathers did not know anything,
Mathaahib are equally practiced, why will you still opt for the Hanafi nor were they rightly guided?”
Math-hab? The answer to this is that since, as mentioned above, we have
become accustomed and habituated to this Math-hab due to the prevailing Hence, with the existence of the Quràan Majeed and Hadith, it is evil to
reasons and circumstances, if we have to adopt another Math-hab then it follow the way of the pious predecessors.
will necessitate abandonment of Taqleed-e-Shakhsi, which will lead to all
the evils we had outlined previously. Reply
(What if) After attaining and reaching a certain stage, a person leaves his The very translation of this Aayat will demonstrate the point that there is a
Math-hab completely and adopts another, thereby making total Taqleed-e- world of difference between the Taqleed of the kuffaar and that of the
Shakhsi of another Imaam? The answer to this is that there must, after all, Aimmah-e-Mujtahiddeen. Two reasons are shown for censure of the
be some reason or the other for this person leaving his former Math-hab. If kuffaar’s Taqleed;
a person does not have the power of Ijtihaad, then on what basis can he
abandon the one Math-hab in favour of another? Even if he has some little Firstly, they refute the Aayaat and Injunctions of Allaah Taàla, by openly
knowledge, then too, by this action of his, the doors will be opened for the declaring that they will not accept this path and that they will rather follow
general public to switch and change Math-habs in conformity to their base the path of their forefathers. Secondly, their predecessors were devoid of
desires. And as mentioned above, that action which leads to mischief and intelligence, Deen and guidance.
mayhem amongst the general public, its prohibition applies also to the
special few. This is the basis of the Ulama prohibiting the changing over Contrary to this, these two points are not to be found in the Taqleed of the
from one Math-hab to another. Aimmah-e-Mujtahiddeen. No Muqallid says that he will not follow the
Quràan Majeed and Hadith, in fact, he will confirm that our Deen
If a person newly accepts Islaam or if he changes from being one who does comprises of Quràanic Aayaat and Ahaadith. However, he will concede
not follow and Math-hab to a Muqallid, why then is he made to follow the that his knowledge thereof, is deficient or totally lacking, or that he does
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not have the ability to make Ijtihaad, therefore he follows a certain any Salaat. As mentioned in Bukhari Shareef, “It has been reported from
Mujtahid, who is an expert at Quràan Majeed and Hadith and also is a Anas that whilst Nabi (sallallahu alaihi wasallam) was delivering a Friday
paragon of Taqwa. Having reliance and trust on the interpretation of this Khutbah, a man stood up and said, ‘O Rasulullaah! The horses and sheep
Mujtahid, he follows the Quràan Majeed and Hadith. The object is that our have perished, make dua to Allaah that He send rain.’ Nabi (sallallahu
actions are those of the Quràan Majeed and Hadith, interpreted and alaihi wasallam) stretched his hands and made dua.”
explained to us by the Mujtahid.
Now that we understand the actual object of Imaam Saheb’s statement in
Second objection context, we realise that it is not contrary to the Hadith.
Some of the Masaaìl shown by the Aimmah-e-Mujtahiddeen are contrary The necessity of having knowledge of the proof
to the Hadith. Why are they followed?
The reason for this is that sometimes, there may be a few Ahaadith for one
Reply Masàlah. Someone may have seen one Hadith and opined an opposing
view, whereas the Mujtahid may have substantiated his view with another
Before claiming that any Masàlah is contrary to the Hadith, one has to Hadith, citing a suitable interpretation for the other Ahaadith. For example,
firstly establish three things,
1. One has to properly understand the object of that Masàlah. 1. The view of Imaam Abu Hanifah (rahmatullahi alaihi) is that the
2. One has to be aware and cognisant of its proof. Muqtadi should not recite Surah Faatihah when performing behind an
3. One has to have knowledge of how it was proven. That is, one Imaam, whereas there are Ahaadith stating that Surah Faatihah must be
has to know in what way the Masàlah was deduced from the read by the Muqtadi.
proof.
a). “It has been reported by Ubadah Bin Saamit (radhiallahu anhu)
If one does not have the understanding of the above three points, then it who says that Rasulullaah (sallallahu alayhi wasallam) said, ‘There is no
would be grossly incorrect to aver that any Masàlah is contrary to the Salaat for the person who does not recite Surah Faatihah.’”
Hadith. We will now briefly explain these three points with examples.
b). “It has been reported by Ubadah Bin Saamit , who says, ‘We were
The necessity of understanding the object of the Masàlah performing Fajr Salaat behind Rasulullaah (sallallahu alayhi wasallam).
He recited Qiraat, which became heavy upon him. Upon completion of the
An example of this is the statement of Imaam Abu Hanifah (rahmatullahi Salaat, he asked, ‘It is as though you recite Qiraat behind your Imaam?’
alaihi) that Salaat-e-Istisqaa is not Sunnat. This statement seems to be We replied in the affirmative. Rasulullaah (sallallahu alayhi wasallam)
apparently contrary to the Hadith, because Salaat-e-Istisqaa has been stated said, ‘Do not do this (i.e. do no recite anything), except Surah Faatihah,
in the Ahaadith as being the practice of Nabi (sallallahu alaihi wasallam). because there is no Salaat for the person who does not recite it.’”
The object of Imaam Saheb’s statement is not that Salaat-e-Istisqaa is not
established from Nabi (sallallahu alaihi wasallam), he means that it is not a Looking at these Ahaadith it appears as though Imaam Abu Hanifah
Sunnat-e-Muakkadah. The reason for him stating this is that sometimes (rahmatullahi alaihi) has opined a view contrary to them. However, when
Nabi (sallallahu alaihi wasallam) performed Salaat whereafter he made dua one views his proofs, then it will be noted that he also substantiates himself
for rain and at other times he only made dua for rain without performing from Quràan Majeed and Hadith.
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recital of the Imaam is his (Muqtadi’s) Qiraat’ confirmed a prohibition of

a). It is stated in the Quràan Majeed, “When the Quràan Majeed is the recital of Surah Faatihah by the Muqtadis also. The confirmation of this
being recited, then listen attentively to it and remain silent.” [Surah A`raaf, can be found in the following Hadith, “It has been reported by Wahab Bin
Aayat 204] Kaisaan that he heard Hadhrat Jaabir Bin Abdillah (radhiallahu anhu)
Imaam Ahmad Bin Hambal (rahmatullahi alaihi) has stated that there is a saying, ‘The person who has performed a Rakaat of Salaat without reciting
consensus of opinion amongst the Mufassireen that this Aayat was revealed Surah Faatihah has not made Salaat, except (if he read) behind an
regarding Salaat. Imaam.”
b). “It has been reported by Abu Hurairah (radhiallahu anhu) that 2. Imaam Abu Hanifah (rahmatullahi alaihi) is of the view that it is
Rasulullaah (sallallahu alayhi wasallam) said, ‘The Imaam has been Sunnat to make Rafà Yadain (lifting the hands to the earlobes) when
placed there so that you may follow him. When he makes Takbeer, then you reciting the Takbeer upon commencement of the Salaat, but not when
make Takbeer, and when he recites Qiraat, then remain silent.’” going into or coming out of Ruku. In fact, he states that it is Sunnat not to
make Rife Yadain on this occasion.
This Hadith states general silence during Salaat. It does not specify that
silence should only be when the Imaam recites audibly, neither does it Whereas, Rife Yadain for going into and coming out of Ruku is established
exclude Surah Faatihah or any other Surah from the prohibition of silence. from the following Ahaadith:
Therefore the object of this Hadith is that when the Imaam recites Qiraat,
either audibly or inaudibly, neither is Surah Faatihah nor any other Surah to Hadhrat Abdullah Bin Umar (radhiallahu anhu) states, “Indeed Rasulullaah
be recited by the Muqtadis, who under all circumstances must remain (sallallahu alayhi wasallam) used to lift his hands upto his shoulders when
silent. he began Salaat, when he made Takbeer for going into Ruku and when
lifting his head from Ruku.”
As for the Ahaadith which state that Salaat is not valid without Surah
Faatihah, there is another Hadith, “It has been reported from Jaabir The proof of Imaam Abu Hanifah (rahmatullahi alaihi) is as follows:
(radhiallahu anhu) who says that Rasulullaah (sallallahu alayhi wasallam)
said, ‘The person who has an Imaam, the recital of the Imaam is his a). “It has been reported from Alqamah who says that Abdullah Bin
(Muqtadi’s) Qiraat.’” Masòod (radhiallahu anhu) said, ‘Should I not perform for you the Salaat
of Rasulullaah (sallallahu alayhi wasallam)?’ He performed Salaat and
Since the Imaam also recites Surah Faatihah, therefore, the Surah Faatihah did not lift his hands (make Rife Yadain) except in the beginning.”
of the Muqtadi is also counted. In this way the Salaat of the Muqtadi is also
not done without Surah Faatihah. In reality, the situation was such that at first it was Sunnat to make Rife
Yadain on various occasions during Salaat. For example, at the time of
Now remains the (second) Hadith of Hadhrat Ubadah Bin Saamit going into Sajdah and when coming out of it, when standing up after two
(radhiallahu anhu). From this we ascertain that at first the people used to Rakaats and when making Salaam.
recite Surah Faatihah and a Surah when performing Salaat behind Nabi
(sallallahu alaihi wasallam). Nabi (sallallahu alaihi wasallam) maintained Hadhrat Maalik Bin Huwairith (radhiallahu anhu) says he saw Rasulullaah
the practice of recital of Surah Faatihah but prohibited the recital of any (sallallahu alayhi wasallam) making Rife Yadain when “…going into Ruku,
other Surah. Thereafter, the Hadith ‘The person who has an Imaam, the
135 136
when lifting his head from Ruku, when going into Sajdah, when lifting his The view of Imaam Abu Hanifah (rahmatullahi alaihi) is that in Salaat, the
head from Sajdah…”[Nisai] shoulders of each Musalli should be next to the neighbour’s, but the ankles
should not touch each other, they should be in line with one another. His
Naafì says that when Hadhrat Abdullah Bin Umar (radhiallahu anhu) proof is also the above mentioned Hadith.
commenced Salaat he would make Rife Yadain, when he went into Ruku he
would make Rife Yadain, when reciting Samee Allaahu Liman Hamidah, he The basis for his reasoning is that it is not physically possible for people in
would make Rife Yadain, when standing up from two Rakaats, he would Salaat to join their ankles and knees. If the knees are joined, then the ankles
make Rife Yadain, and he attributed (these actions) to Nabi (sallallahu will be apart. It is obvious that the knees cannot be touching one another
alaihi wasallam). and have to be straight. So too must be the case of the ankles, that they not
be joined with one another, but straight. The Musallis should stand as
However, on other occasions (postures of Salaat), there is consensus that though they are standing before a Magnanimous Being and grant Him the
the order of Rife Yadain no longer remained. Similarly, the order for due respect and honour. Some people join their shoulders and ankles and
making it when going into Ruku also no longer remained. The proof of this formulate an interpretation for the joining of the knees, and keep them
is in the following, straight.
Hadhrat Jaabir Bin Samurah (radhiallahu anhu) says that Rasulullaah Imaam Abu Hanifah (rahmatullahi alaihi) also accepts this Hadith as a
(sallallahu alayhi wasallam) came out of his room when they were proof, and he advocates the joining of the shoulders and offers a suitable
performing Salaat whilst making Rife Yadain. Nabi (sallallahu alaihi interpretation for the ankles and knees. Another substantiation that he cites
wasallam) said that what is the matter that in Salaat you people make Rife is that when one stands before an honourable person, then it is appropriate
Yadain like the lifting tails of a bolting horse (i.e. since Rife Yadain has that there not be a large gap between the ankles.
been abrogated, why then do you still indulge in this futile exercise?). You
should adopt ease and serenity in your Salaat.
Therefore, this Masàlah of Imaam Abu Hanifah (rahmatullahi alaihi) is not

contrary to the Hadith.
The necessity of understanding the reasoning behind the proofs
It is reported in one Hadith where Hadhrat Nu`maan Bin Basheer

(radhiallahu anhu) said, “Rasulullaah (sallallahu alayhi wasallam) faced
towards the people and said thrice, ‘Straighten you saffs.’ Hadhrat
Nu`maan Bin Basheer (radhiallahu anhu) further says, ‘I saw that each
person placed his shoulders next to the shoulders of his neighbour (in
Salaat), his knees next to the knees of his neighbour and his ankles next to
his ankles.”
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CHAPTER ELEVEN Note:
THE PRINCIPLES OF SUNNAT AND BIDÀH It is necessary to have the condition of (i.e. specify) Deen in the description
of Bidàh. Knowledge (Aqaaìd – beliefs), actions and conditions are all
The literal meaning of Bidàh included in this description. That is, any belief, practice or condition which
is not included in the Quràan Majeed, Sunnah, Ijma or Qiyaas will be
Imaam Nawawi (rahmatullahi alaihi) writes, “Every act which is executed classified as Bidàh.
contrary to a previous pattern.”
The Hadith which corroborates this is where Nabi (sallallahu alaihi
Haafiz Ibn Katheer (rahmatullahi alaihi) states, “And similarly, any new wasallam) said, “He who innovates in our matter (i.e. Deen), which is not
speech and action which was not practiced in earlier times, is termed as from it, is rejected.”
Bidàh in Arabic terminology.”
Note:
The word Badee` also comes from here. The meaning of the sentence Wherever the word ‘Sunnah’ is used in contrast to ‘Bidàh’, it refers to any
Badeeùs Samaawaati Wal Alrdh is that Allaah Taàla created the heavens such act whose permission is substantiated by a Sharì proof.
and earth, with His Great and Perfect Power, which resembled nothing of
the past. The various definitions which are found for ‘Bidàh’ are not
conflicting, there is only a difference in their manner and mode (of
The Sharì meaning of Bidàh presentation and phraseology)
Allamah Aini (rahmatullahi alaihi) states, “The word Bidàh, in reality, Some have described a Bidàh-e-Sharì as every innovation in the Deen
means any such innovation (new act) which was not present during the era which was not present during the era of Nabi (sallallahu alaihi wasallam),
of Rasulullaah (sallallahu alayhi wasallam).” that is, neither was it present in verbal form, nor in practice nor in speech,
nor unambiguously nor by indication (tacit approval). It therefore follows
Allamah Murtadhaa Zubaidi (rahmatullahi alaihi) states, “The Hadith, that if something was not substantiated and no Sharì proof for it could be
‘Every innovation (in the Deen) is a Bidàh’, refers to everything which is found in the era of Nabi (sallallahu alaihi wasallam), then proof for its
contrary to the principles of the Shariah and not in conformity with the execution would not be found in the subsequent eras (i.e. Khulafaa-e-
Sunnah.” Raashideen, Sahaabah (radhiallahu anhum), Tabieen, Tabè Tabieen).
The crux is that Bidàh are those things whose origin is not established in From this we ascertain that those practices which found popularity in the
the Shariah, i.e. it cannot be corroborated by the Quràan Majeed or era of the Sahaabah (radhiallahu anhum) in general, and the era of the
Sunnah, and they are such acts which were not in existence during the era Khulafaa-e-Raashideen specifically, were such that there existed a proof
of Nabi (sallallahu alaihi wasallam), the Sahaabah (radhiallahu anhum), for them during the era of Nabi (sallallahu alaihi wasallam) and such
Tabieen (rahmatullahi alaihim) or Tabè Tabieen (rahmatullahi alaihim), practices were present during his era, only when the occasion arose and
and they are either practiced upon or omitted believing them to be a part of warranted did these practices become common (after the demise of Nabi -
the Shariah. [Ta`leemul Islaam, part 4] sallallahu alaihi wasallam), based on this proof (which existed during the
era of Nabi - sallallahu alaihi wasallam). Examples of such practices are,
139 140
the first Athaan of Jumuah Salaat, the establishment of a Jamaat for A general and encompassing rule to differentiate between a Bidàh and
Taraaweeh Salaat, etc. These practices did not exist in this form during the Sunnah
era of Nabi (sallallahu alaihi wasallam).
Those things which were introduced (into the Deen) subsequent to the best
The definition of Bidàh-e-Hasanah and Bidàh-e-Sayyi-ah of eras, i.e. the era of the Sahaabah (radhiallahu anhum), Tabieen and Tabè
Tabieen, are of two types;
From the aforegoing literal and Sharì definitions of Bidàh, we understand
that Bidàh is an innovation. Wherever this word is used in the Sharì The first being those motivating factor is also new, and the completion of
Kitaabs, then, some (Sharì) injunction also depends. That is, in the absence of this
(innovation), practice will not be able to be made on this (Sharì)
1. Its meaning is taken to be any act which came into existence after injunction. For example, the compilation of Deeni Kitaabs, the codification
the era of Nabi (sallallahu alaihi wasallam). It is either an act worthy of thereof, Madaaris and Khanqahs, etc. were not present during the era of
merit or censure, where proof for its permissibility can be found in the Nabi (sallallahu alaihi wasallam).
Shariah or not. Hence this separates it into two types. The first being an act
which has merit and is a praiseworthy act, whose approval can be An explanation of this is as follows – everyone is well aware that the
substantiated in the Shariah and the second type is worthy of censure and preservation of the Deen is a duty upon every Muslim. However, during the
condemnation, which cannot be corroborated by any Sharì proof. best of eras, there was no need for these new innovations in order to
safeguard the Deen, because their connection with Allaah Taàla was
Therefore, the first type is known as Bidàh-e-Hasanah and it is equated to effected through the blessed medium of Rasulullaah (sallallahu alayhi
Sunnah, whereas the second type is known as Bidàh-e-Dhalaalah. This wasallam). Their memories were also so excellent that whatever they heard
second meaning is the generally used and meant term. would be embedded into their minds. Their intellects and intelligence was
also of a much more superior standard. They excelled in abstinence and
2. Sometimes the term Bidàh is utilised to mean those things which piety. Thereafter there came an era where the memories became weaker
are contrary to the method of the Shariah. That is, the proof for its and the standard dropped. There was deficiency in almost every aspect. The
permissibility is not to be found in the Shariah. This is a special meaning of Ulama of the time realised that there was a great fear of the Deen suffering
Bidàh. The Kitaabs of Shariah refer to this one. and being diminished and in the interests of the preservation of the Deen,
all these ‘innovations’ were introduced. In this regard, Kitaabs on Hadith,
The usage of these two meanings are correct and there is no difference Usool of Hadith, Fiqh, Usool of Fiqh, Tafseer, etc. were initiated and
between them. The difference only lies in the explanation and phraseology. compiled. Madaaris were opened for the teaching of these science and
There is no difference in their respective import and application. Those Kitaabs. Hence these are such things whose reason for existence were non-
who regard Bidàh as being always something worthy of censure, they use existent during the best of eras, but the reason was created later on. The
the specific meaning and definition of Bidàh, whereas those Ulama who fulfilment of the injunction of safeguarding the Deen is dependant
differentiate between good and bad Bidàh use the general meaning of hereupon.
Bidàh.
Therefore, these things, although they may be innovations and new, they
are not classified as Bidàh. In fact, they fall under the category of the
principle, Muqaddamatul Waajibi Waajibun (i.e. that thing whereupon the
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fulfilment of a Waajib is dependant, becomes Waajib itself). Hence these The second type
things are Waajib.
This is where the actual thing is permissible, but there may be some
The second are those things whose reason (motivating factor) is old. For condition placed upon it, or something added to it, or a specific time may
example, the reasons for the celebrations of Meelad, Teeja, Daswah, etc. be attached to it or some Sharì condition may be overlooked in its
are old. For example, the reason for the enactment of the celebration of execution, all such acts are also included as Bidàh.
Meelad is to express joy at the blessed birth of Nabi (sallallahu alaihi
wasallam). This reason for celebration existed from the era of Nabi 1. For one to make a specific thing general or vice versa
(sallallahu alaihi wasallam), but neither did Nabi (sallallahu alaihi
wasallam) nor the Sahaabah (radhiallahu anhum) celebrate this occasion. If That is, to make a thing specific with a time where it may not be specific
the reason for its execution did not exist at that time, then it can be argued with any time or where a thing may be specific with one time to specify it
that its motive was non-existent. But since the reason for its enactment did for other times as well.
exist then why did Nabi (sallallahu alaihi wasallam) or the Sahaabah
(radhiallahu anhum) not establish these practices? The ruling of such acts is Hadhrat Abu Hurairah (radhiallahu anhu) reports that Nabi (sallallahu
that they are Bidàh in form and practice. They are to be compulsorily alaihi wasallam) said, “Do not specify the night of Friday (Thursday night)
abandoned since they fall directly under the scope of the Hadith, “He who for standing in prayer (Nafl Ibaadat) over any other night and do not
innovates into our matter (Deen), which is not therefrom, is rejected.” specify the day of Friday for fasting over other days, unless it falls on a day
of your (usual) fasting (i.e. where a person habitually fasts in the middle of
The types of Bidàh every Islamic month and it happens to fall on a Friday or a Friday happens
to fall on the 15th Shabaan when one normally fasts, then there is no harm
The first type in it).”
This where the thing in itself is impermissible and Bidàh. For example, to Since Nabi (sallallahu alaihi wasallam) had extolled the virtues of the day
light lamps on the occasion of 14th Rabiul Awwal and on Shab-e-Baaraat. of Jumuah and the Salaat of Jumuah, it must not be that a person draws his
To make Ta`ziyah and build tombs on graves. Also those beliefs of the own conclusions and specifies this day and its night for extra Nafl Ibaadat
deviant sects, which are contrary to the beliefs of the Ahle Sunnat Wal and makes it habitual. In view of this, Nabi (sallallahu alaihi wasallam) had
Jamaat, like that of the Mu`tazilahs who aver that man is the creator of his expressly prohibited specifying these times for habitual extra Ibaadat, and
own actions and that in the hereafter the seeing of Allaah Taàla will not be informs us that those acts of Ibaadat which he had specified for that day,
possible, and the perpetrator of major sins is not a Muslim, etc. are all Jumuah, Khutbah, etc. those should hold preference and have more virtue.
Bidàh. The same applies to the present-day new beliefs that Nabi If a person makes his own Qiyaas and adds to this, then it will not be
(sallallahu alaihi wasallam) has the ability and power similar to that of accepted from him. Therefore in this Hadith it is expressly stated that one
Allaah Taàla and that he is Haazir-o-naazir (omnipresent). Also to hold should not specify the night and day of Jumuah for Nafl Ibaadat and fasts,
the belief that Nabi (sallallahu alaihi wasallam) has the perfect and because the Nafl Ibaadat performed on all days are equal. To specify any
complete knowledge of whatever took place from the first day of creation time on our own, without a decree from the Shariah is incorrect. Hence to
until the Last Day, is Bidàh. specify an Ibaadat which is general is prohibited from.
143 144
A specific act, like the actions which are specific for the day of Jumuah,
like the Jumuah Salaat, Khutbah, etc. to overlook this limitation placed on Imaam Ghazaali (rahmatullahi alaihi) who had extolled the virtue of this
its execution by the Shariah and to make these acts general, like making the Salaat (of Raghaaìb) in Ihyaa-e-Uloom, had done so under the notion that
Jumuah Salaat and Khutbah on another day, is forbidden and prohibited it is mentioned in a Hadith. He therefore, regarded it as being permissible
from. and an exception in the Shariah which is specified by Nabi (sallallahu
alaihi wasallam). Therefore, he is excused, because he had substantiation
The import and message in this Hadith is that we should carry out all acts for this act. However, the Fuqahaa and Muhadditheen have found the
in compliance to the decree of the Shariah and not to change that by using Hadith (which he thought was a proof for this act) to be a concocted
our own opinions and decisions. However, as for those matters which the Hadith. In view of this, Imaam Ghazaali (rahmatullahi alaihi) did not act
Shariah has excluded or they can be proven from other Ahaadith, then they contrary to any Sharì principle, he had in fact erred in his judgement of the
will not be construed as changing the Shariah, in fact, such acts will be ‘Hadith’, which he believed to be correct. To err is human and Imaam
deemed as being part of the Deen. Ghazaali (rahmatullahi alaihi) was not an expert in the science of Hadith,
so in this case we take the view of the Muhadditheen.
The words in the Hadith, “Do not specify” is a general prohibition. Hence
every type of specification, be it with regard to beliefs, knowledge or 2. To execute a Mustahab act in a manner which is not acceptable in
practice are all forbidden. This is also clear that if any act which is general the Shariah is a Bidàh
in the Quràan Majeed or Hadith, if it is made specific to any time or day,
is regarded as a Bidàh. Similarly, anything which is specific in the The Thikr of Allaah Taàla and Durood upon Nabi (sallallahu alaihi
Quràan Majeed or Hadith, be it with regard to Aqaaìd or practice, to make wasallam) are Mustahab acts of Ibaadat. However, to execute them in a
it general, i.e. to overlook the Shariah conditions and specifications, is also manner which is not in conformity with the Shariah is a Bidàh. One
Bidàh. manner which is not in conformity with the Shariah is to gather and specify
a Thikr which is made collectively by all. Regardless of whether an Ameer
Since this rule is derived and receives clarification from this Hadith, Imaam is elected or not or whether the Thikr is loud or soft.
Nawawi (rahmatullahi alaihi) states in commentary of this Hadith, “Based
on this Hadith the Ulama have ruled the impermissibility of the newly “It is reported from Abu Bukhtari, who says a man informed Abdullah Bin
innovated Salaat, known as Raghaaìb (a Salaat performed in a special Masòod (radhiallahu anhu) about a group of people sitting in the Masjid
way on the first night of Friday in the month of Rajab). Allaah Taàla is at after Maghrib Salaat. Amongst them a man says (to the others) recite so
war with the establishment of this innovation, because it is a great Bidàh many times Takbeer, recite so many times Tasbeeh and recite so many
from amongst the other Bidàhs, which are all from deviation and times Tahmeed. Abdullah (bin Masòod) asked, ‘Is he saying like this?’ He
ignorance.” replied in the affirmative. Hadhrat Abdullah Ibn Masòod (radhiallahu
anhu) said, ‘When you see them doing this again, then come and inform me
Just look at this! Salaat which is the highest form of Ibaadat, which if thereof.’ The narrator says that he came and informed Hadhrat Abdullah
performed during permissible times, is worthy of the most reward, yet it Ibn Masòod (radhiallahu anhu) when these people gathered again. He
becomes a great Bidàh if it is made specific to any particular time, which went to their gathering wearing a hooded cloak and sat down. When he
is not stipulated so in the Shariah. A general Ibaadat has been made heard whatever they said, he stood up. He was a firm and solid man. He
specific to a particular time. This stipulation has rendered the entire act said, ‘I am Abdullah Ibn Masòod. I take an oath on that Being besides
impermissible. Whom there is no deity. You people have initiated a dark Bidàh or you are
145 146
more knowledgeable than the companions of Muhammad (sallallahu alayhi so.’ Upon hearing this Abdullah Ibn Masòod (radhiallahu anhu) said,
wasallam).’ One of them stood up and said in apology, ‘Neither have we ‘What did you tell them?’ He replied, ‘I did not tell them anything and am
initiated a dark Bidàh nor are we more knowledgeable than the awaiting your view and advice.’ He said, ‘Why did you not tell them that
Companions of Muhammad (sallallahu alayhi wasallam).’ Amar Bin Utbah they are counting their sins and why did you not give them an assurance
said, ‘We seek forgiveness from Allaah, O Abu Abdur Rahmaan.’ He (Ibn that they not destroy their good deeds?’
Masòod - radhiallahu anhu) said, ‘Hold on to the way (of the Sahaabah -
radhiallahu anhum), I take an oath, if you carry out such an act then you Abdullah Bin Masòod then proceeded and we followed him, until he came
have remained far behind and if you veer to the left or right, then you are up to one of those groups and stood there. He asked them, ‘What is this I
far astray.’ In a similar narration stated by Tibrani in Mu`jamul Kabeer, see you doing?’ They said, ‘O Abu Abdur Rahmaan, we use these pebbles
Amar Bin Utbah Bin Farqad said, ‘I seek forgiveness fro Allaah, O Ibn to count Takbeer, Tahleel and Tasbeeh.’ He said to them, ‘You are
Masòod and I relent (make Taubah) to Him.’ He then instructed the counting your sins and I give you an assurance that no good deed of yours
people to disperse.” is being destroyed. O Ummat of Muhammad, woe unto you that your
destruction is so soon. There are a great many companions of your Nabi
Tasbeeh, Tahleel and Tahmeed are Masnoon Thikrs. There is also no (sallallahu alaihi wasallam) still present, the clothes of your Nabi
prohibition with making Thikr in a Masjid, and during the era of the (sallallahu alaihi wasallam) has still not decomposed and his container has
Sahaabah (radhiallahu anhum), gatherings of Thikr would take place in the still not broken. I take an oath on That Being in Whose Hands my life lies,
Masjid. However, when this permissible act is carried out in a manner you are either on the path of such an Ummat which is more guided than the
where it is made in unison and stipulated that everyone recite together, then Ummat of Muhammad (sallallahu alayhi wasallam), or you people are
it is classified as a Bidàh, as noted by the action of Hadhrat Abdullah Ibn opening the doors of deviation.’
Masòod (radhiallahu anhu).
They said, ‘O Abu Abdur Rahmaan, we only intend good.’ He replied,
The following narration is in Daarmi, ‘There are many who intend good but never achieve it. Rasulullaah
“We would sit by the door of Abdullah Bin Masòod (radhiallahu anhu) (sallallahu alayhi wasallam) informed us that there are many people who
before the Fajr Salaat and when he would emerge, we would walk together recite the Quràan, but it does not go beyond their throats. I take an oath
to the Masjid. (One day) Abu Moosa Ashàri (radhiallahu anhu) came to us on Allaah, I do not know but perhaps most of those people are amongst
and asked, ‘Did Abu Abdir Rahmaan (i.e. Hadhrat Abdullah Ibn Masòod - you.’ He then turned away from them.
radhiallahu anhu) come out already?’ We replied in the negative and he
sat down with us until he emerged. When he emerged, we all stood up Amar Bin Salmah says, ‘We noticed that the majority of the participants in
together and Abu Moosa said, ‘O Abu Abdur Rahmaan, I have just now these groups joined up with the Khawaarij, and they fought against us in
seen something in the Masjid which is detestable to me, and my opinion the battle of Nahrwaan.’”
(intention) is, Alhamdulillah, good.’ He asked, ‘What is it (that you saw)?’
He replied, ‘If you live long enough, you will soon see for yourself. I saw When one reflects carefully, then it will be noted that this incident is
people in the Masjid sitting in groups awaiting Salaat. They had pebbles in different from the previous one mentioned. In the first incident the
their hands and one person in each gathering was saying, ‘Recite 100 times participants were engaged in loud Thikr and in this one soft Thikr. This is
Takbeer’, and they would all recite Takbeer a 100 times, he would tell borne out by the fact that in the first case, Hadhrat Abdullah Ibn Masòod
them, ‘Recite 100 times Laa Ilaaha Illallah’, and they would do so, he (radhiallahu anhu) heard them making Thikr and in the latter incident he
would then tell them to recite 100 times Subhaanallah’ and they would do asked them what they were doing.
147 148
3. A thing which due to necessity has been ordained in the Shariah, (rahmatullahi alaihi), ‘Take me away from this Bidàtee’. He did not
and then to carry it our when there is no necessity or to increase in its perform Salaat in that Masjid. [Raa-e-Sunnat, page 129]
specified mode, is Bidàh
Later on, when laziness and laxity entered into the masses, the Ulama-e-
Tathweeb (i.e. to make an announcement and call out to people after the Mutaqaddimeen introduced Tathweeb for Fajr Salaat and the Ulama-e-
Athaan has been given) is an act which is carried out due to necessity. Mutaàkhireen introduced it for other Salaats besides Maghrib. The reason
Hadhrat Bilal (radhiallahu anhu), after giving the Fajr Athaan used to, most being that during those times, there were no watches and although people
of the times, inform Nabi (sallallahu alaihi wasallam) prior to the Imaamat, performed their Salaat, they would be delayed in coming for Jamaat Salaat.
and Hadhrat Uthmaan (radhiallahu anhu) introduced the first Athaan for Either the Jamaat Salaat was delayed or they missed it altogether. Because
Jumuah Salaat. of this necessity the practice of Tathweeb was introduced, however, later
when it was noticed that the laziness in people increased even more, such
Thereafter, during the era subsequent to the Sahaabah (radhiallahu anhum), that they paid no heed to Athaan at all and would only prepare for Salaat
the Ulama of Kufa, kept up the practice of informing the people of the Fajr when the Tathweeb was taking place, then in such extreme circumstances,
Salaat, just prior to its commencement, after the Athaan. The reason for this where the rank of Tathweeb surpassed its position, it was branded a deviant
was that at the time of Fajr, sleep is usually overwhelming and people are Bidàh.
generally careless.
As for our times, one is there are watches available and secondly, enough
The fervour and enthusiasm which was resent during the era of the time is afforded between the Athaan and Salaat where a person can relieve
Sahaabah (radhiallahu anhum) was no more to be found. Later on, when it himself, make Istinjaa and prepare sufficiently for Salaat. There is no time
was found that people were becoming careless of other Salaat as well, then (or excuse) for a person to be unmindful of his Salaat. Also, as for those
the latter Ulama deemed it advisable to have Tathweeb for all Salaats, who usually perform Salaat, they have the dedication and concern, whereas
except Maghrib. that majority who are totally unmindful of their Salaat, what benefit is there
for them in Tathweeb anyway?
During the era of the Sahaabah (radhiallahu anhum), the people were
generally enthusiastic. Besides the Assalaatu Khairam Minan Naum, there Due to all these reasons, there is no need for Tathweeb in our era, except
was no need for Tathweeb in even the Fajr Salaat, so why in the other for Fajr Salaat, where permission may be granted for one small
Salaats? The reason being that during that era, to have Tathweeb without announcement after the Athaan. Otherwise for other Salaats it would be a
necessity was a Bidàh. These narrations corroborate this, Bidàh.
“It has been reported that Hadhrat Ali (radhiallahu anhu) noticed the
Muath-thin making Tathweeb for the Esha Salaat, and he said, ‘Remove 4. To call one another to a permissible and Mustahab act and to grant
this Bidàtee from the Masjid.’” undue reverence to it, is a Bidàh
Mujaahid (rahmatullahi alaihi) reports that once he went with Hadhrat It is stated in Sharah Munia,
Abdullah Bin Umar (radhiallahu anhu) to a certain Masjid to perform “Salaat is a basic and the best of Ibaadat, as long as it is not conducted in
Salaat. The Athaan was already given. One person began making an impermissible manner. Know that to perform Nafl Salaat in Jamaat by
Tathweeb. Hadhrat Ibn Umar (radhiallahu anhu) said to Mujaahid announcing it is Makrooh.”
149 150
Mujaahid (rahmatullahi alaihi) says that he and Urwa Bin Zubair entered a then would be your opinion on the vigorous and continual practice of a
Masjid. “Abdullah Bin Umar (radhiallahu anhu) was sitting close to the permissible act? [i.e. this should all the more be Makrooh]
room of Hadhrat Aishah (radhiallahu anha) and some people were
performing their Chasht Salaat in the Masjid. We asked him regarding The Fuqahaa have explained the reason for this as being the slave (of
what they were performing and he replied, ‘It is a Bidàh.’” Allaah Taàla) adding to the Ahkaam of the Shariah and imbibing
incorrect teachings in the masses (i.e. to believe and accept a permissible
Chasht Salaat is established through various authentic chains of different or Mustahab act as being Waajib or incumbent). Therefore, if a person
Sahaabah (radhiallahu anhum) from Nabi (sallallahu alaihi wasallam). specifies certain Surahs for a Salaat and he does not recite anything
However, during the era of Nabi (sallallahu alaihi wasallam), it was not besides these, then there is no doubt that he made something binding upon
granted undue consideration or performed in congregational form. himself, whereas the Shariah has not specified any Surahs for any Salaat.
Wherever and whenever one found the opportunity it was performed. Due to this, the masses start thinking these acts as being compulsory and
Another point is that this is a Nafl Salaat whose performance warrants binding. Yes, if being rigorous on any act (which Nabi - sallallahu alaihi
more reward if carried out at home. For these reasons did Hadhrat Abdullah wasallam- regularly practiced) will lead to wrong beliefs and practices
Bin Umar (radhiallahu anhu) label the act of these people as a Bidàh being introduced into the masses, then it is better to abandon continuity in
because they were granting it undue attention and performing it in unison that act. For example we see that the Shaafi Imaams in Makkah
in the Masjid. Mukarramah always reciting Surah Alif Laam Meem Sajdah and Surah
Dahar in the Fajr of Jumuah, and they never recite anything else besides
For this reason, Imaam Nawawi (rahmatullahi alaihi) said, “The reason these on this day, then there are some evils which follow this. One of these
being that to make its (Chasht Salaat) performance apparent in the Masjid is that the masses believe it to be necessary to only recite these Surahs on a
and in congregational form is a Bidàh, not that the actual Salaatud Duhaa Friday in Fajr Salaat. Or at the very least they believe these Surahs to be
(Chasht Salaat) is Bidàh.” necessary for Shaafis. It is clear that there is no difference between us and
the Shaafis on this point, because they also accept that it is Makrooh to
Similarly the Thikr of Moulood and Isaal-e-Thawaab are permitted acts. make binding an act which the Shariah has not made binding…”
However, if they are announced and carried out with undue austerity, then
it becomes Makrooh and a Bidàh. A further clarification on this Masàlah is that in Salaat there are no
specific Surahs to be recited. In this regard all are equal, i.e. one can recite
5. To deem a Mustahab or permissible act as being Waajib or Sunnah- any Surah in any Salaat. Nevertheless, wherever the Shariah has mentioned
e-Muakkadah is a Bidàh some Surahs for particular Salaats, these are Mustahab, like for example,
on the day of Jumuah to recite Surah Sajdah and Surah Dahar in the Fajr
It is also a Bidàh to be vigorous in the execution of a Mustahab act to Salaat. Hence, those Surahs which are specified by the Shariah, Imaam
bring it to the level to a necessary act Shaafi (rahmatullahi alaihi) regards continuity in them as being Mustahab
and Imaam Abu Hanifah (rahmatullahi alaihi) regards occasional recital of
Moulana Abdul Hay Luknowi (rahmatullahi alaihi) writes, “The statement them as being Mustahab and continuity in them as being Makrooh. Imaam
of our Aimmah that it is Makrooh to specify a Surah for Salaat, means that Saheb says that continuity in them will on the one hand make a Mustahab
it is Makrooh for the Musalli to himself specify a Surah from the Quràan act a Waajib one or on the other hand it will make a permissible act one of
Majeed, because in it is the stipulation of something which the Shariah has compulsion. This is alteration in the Shariah which renders it Makrooh.
not done. Since it is Makrooh to regard as binding a Mustahab act, what
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On this matter, Imaam Tahaawi (rahmatullahi alaihi) has written that the stand alone on a platform (when performing Salaat), for the reason stated
Karaahat will become haraam at that time when people believe it to be (before).”
Waajib and they regard omission of it to be Makrooh. To recite the specific
Surah as a blessing will be permissible and meritorious, on condition that Take a look at these two excerpts. From all the requisites and conditions of
sometimes other Surahs are recited as well. From this also we discover that Salaat and Jamaat, even if only one of them, like looking into a Quràan
to believe it as Waajib is Makrooh-e-Tahrimi and to be rigorous on it Majeed or standing alone on a platform, are carried out which resembles
without believing it to be Waajib is also Makrooh. the action of the Christians, then the entire Salaat is Makrooh.
6. To have similarity with the kuffaar, even if it be in one aspect, is Note #1

Bidàh and Makrooh
There will be no consideration for any type of resemblance in those acts
This is a generally accepted rule in the Shariah, and it is corroborated by which have been decreed as Waajib or Fardh in the Shariah. This is also
the Hadith, “He who imitates/ resembles a nation is one of them”. indicated to in the Hadith. The word Tashabbaha which is stated in the
Hadith is from baab Tafaùl and is in past tense and it appears after an Ism-
The word Tashbeeh (resemblance) which appears in this Hadith is used in e-Mousool. Firstly, the baab Tafaùl, in Arabic grammar, has the
general form. That is, there is no condition of completeness, partiality, implication and usage of a ceremonious and formal act. This implies that
excessive or minimal placed on it. There is a generally accepted rule that if the perpetrator had carried out the act of resemblance with formality, and it
anything is general, then its ruling will also be general and it will not be was not necessary to do this act, neither from the Shariah nor naturally.
permissible to limit and restrict it. It is said, “That which is general Secondly, the verb indicates towards a newly initiated act, that is, in the
remains with its generality.” first place the Shariah had not made it binding upon the person, he had in
fact, perpetrated and brought it into existence by his own doing. Hence the
Hence, the resemblance, in whatever form or quantity will fall under the word Tashabbaha, excludes Fardh, Waajib, Sunnat-e-Muakkadah and other
scope of this Hadith, even though this may not be in totality or permanent. natural acts. The ruling of Tashabbuh does not apply to these things.
In this way, the entire thing becomes Makrooh and a Bidàh.
Note #2
An example of this is in Hidaaya, “If the Imaam recites from the Quràan
Majeed, then his Salaat is invalid, according to Imaam Abu Hanifah It is stated in Bahrur Raaìq that the resemblance which is haraam is the
(rahmatullahi alaihi). They (Saahibain) say that the Salaat is complete but one which is done with intent and wilfully. A reply to this is that firstly the
Makrooh, because his action resembles that of the Ahle Kitaab. End. The word Tashabbuh in the Hadith is general, and it is not permissible to make
author of Nihaaya says that they (Ahle Kitaab) perform prayer like this (i.e. a general specific by virtue of one’s own opinion. All Muhaqqiqeen have
they look into their holy Scriptures). It is Makrooh because of the stated Tashabbuh to be general, hence the statement of Bahr cannot be
resemblance and we have been prohibited from resembling them (the contended against the Hadith.
Kuffaar), except in those things which are inevitable.”
Also it is stated in a Hadith, “Change your white hairs and do not resemble
“It is Makrooh for the Imaam to stand alone in the Mihraab, because it the Jews”. In another Hadith it is stated, “Clean your courtyards and do
resembles the action of the Christians. It is Makrooh for the Imaam to not resemble the Jews”. It is clear that the whiteness in the hair and dirty
153 154
courtyards are not actions done to resemble the Jews. In fact, they are 7. It is Bidàh to add to any Sharì specified Ibaadat
natural occurrences.
a). Upon completion of the Janaazah Salaat, the bier is to lifted and
Besides this, the import of the statement in Bahr is that in the word carried away. It is Makrooh and a Bidàh to stand there after the Janaazah
Tashabbuh the meaning of ceremonious and formality are found, which Salaat and make dua. One reason for this is,
necessitates an intention by the perpetrator. An illustration of this will be
where a person carries an act unknowingly, and he is later informed that the Mullah Ali Qaari (rahmatullahi alaihi) writes, “Dua is not made for the
act which he had carried out is actually a trait and way of a certain nation. deceased after the Janaazah Salaat, because indeed this resembles adding
He now has to abandon that act and not do it any longer, otherwise if he onto the Janaazah Salaat.”[Mirqaat, page 219, vol. 2]
does it again, then it will be classified as tashbeeh. In the first instance this
person was neither resembling another nation nor was he a sinner. Now if Mufti Sa`dullah Saheb (rahmatullahi alaihi) mentions, “This is not free
he does that act with formality and knowingly (that he is resembling from abomination (Karaahat), because most Fuqahaa personalities have
someone else), then it will be counted as tashbeeh. The same will apply if a prohibited it since they regard it as adding on to a Sunnat act.”
person is able to remove something and he wilfully does not remove it, like
applying henna (not black) on his white hair. Since he has the ability to b). Naafì (rahmatullahi alaihi) states, “A man sneezed nearby Hadhrat
remove the whiteness, and he still does not do it, then his abandonment of Abdullah Bin Umar (radhiallahu anhu), and said, ‘Alhamdulillaahi Was
removing the whiteness will be counted as being wilful. Salaamu Ala Rasulullaah’. Ibn Umar (radhiallahu anhu) said, ‘I too used
to say this, but it is not correct, because Nabi (sallallahu alaihi wasallam)
It is a Bidàh to recite Faatihah and make Khatam on food, because it is taught us to say, ‘Alhamdulillaah Ala Kulli Haal.”[Tirmidhi, page 98,
action associated with Hindus and it is resembling them. The reason being vol.2]
that it is a custom of all Hindus and it is a trait of theirs that they recite
some Hindu scripture on food. It is stated in Tuhfatul Hind that every year In this Hadith the extra words were prohibited from because it constituted
after someone has died, they pass reward to the deceased and they deem adding on to what the Shariah had specified. This Hadith proves that we are
this incumbent. The Hindu pundit recites some scripture over the food on prohibited from adding to anything which has already been established in
this occasion. the Shariah.
Similarly, there is resemblance to Hindus in Soo-am. At Soo-am the The abstentions of Nabi (sallallahu alaihi wasallam) are also Sunnat,
Kalimah and Quràan Majeed is recited. There is no resemblance to the and to oppose this is Bidàh
kuffaar in these two acts, but the resemblance lies in the gathering of
people and specifying the third day. There is resemblance to the Hindus in To aver that the execution and extraction of those things which are not
these acts, because it is their custom to gather on the third day and revive prohibited from in the Quràan Majeed and Sunnah is acceptable, is an
the mourning. Since part of this act is resembling, hence the entire act is incorrect notion and contrary to the Shariah laws. The reason being that
regarded as resemblance and is hence impermissible. Therefore it follows whatever Nabi (sallallahu alaihi wasallam) did and whatever he abstained
that the custom and practice of Sooàm is Bidàh. from are all classified as Sunnah. Hence to follow Nabi (sallallahu alaihi
wasallam) in abstaining from a certain thing/act is also Sunnah, and to
oppose it is Bidàh. In this regard there is a Hadith, “Indeed Allaah loves
that (His slaves) practice upon those things wherein they have been
155 156
granted leave (leniency) as He loves that His Faraaidh are carried out.” was no Karaahat, then he (sallallahu alayhi wasallam) would have
[Mirqaat, page 15, vol.2] increased on it to teach the masses.”
Mullah Ali Qaari (rahmatullahi alaihi) writes, “Obedience and compliance, Similarly, it appears in another place in Hidaaya, “Nafl Salaat is not
as it is found in (executing) an action is also found in abstention (from performed before the Eid Salaat, because Nabi (sallallahu alaihi
certain actions). A person who rigorously and continuously carries out an wasallam) did not do this, notwithstanding his fervour and love for Salaat.
action which Nabi (sallallahu alaihi wasallam) did not do, is a Bidàtee.” It has been said that the Karaahat is specific with the Eidgah and it has
also been said that this Karaahat is for other than the Eidgah, because
Sayed Jamaaluddeen Muhaddith (rahmatullahi alaihi) states, “(To abstain Nabi (sallallahu alaihi wasallam) did not do it (in the Eidgah or other than
from) The abstentions of Rasulullaah (sallallahu alayhi wasallam) is a the Eidgah).” [Page 153, vol.1]
Sunnat as (carrying out) his actions is Sunnat.”
If one has a doubt as to whether a thing is Sunnat or Bidàh, then what
It is clear from these texts that notwithstanding Nabi’s (sallallahu alaihi course of action should one take?
wasallam) being able to carry out an act, he abstained therefrom, therefore
it is a Sunnah for us to also abstain and keep away from such actions, as it 1. Hadhrat Nu`maan Bin Basheer (radhiallahu anhu) has narrated that
is Sunnah for us to carry out whatever he (sallallahu alayhi wasallam) did. Rasulullaah (sallallahu alayhi wasallam) said, “Halaal is clear and haraam
is clear. Between the two is the doubtful things, which many people do not
Hadhrat Abdullah Bin Abbaas (radhiallahu anhu) said, “Abstain from know about. He who abstains from the doubtful, he has safeguarded his
rhyming when making dua, because Rasulullaah (sallallahu alayhi Deen and honour and he who indulges in the doubtful will (eventually)
wasallam) and his Sahaabah (radhiallahu anhum) never used rhyming indulge in haraam, like sheep (grazing) on the borders or the pasture, it is
words when making dua.” [Bukhari, page 938, vol. 2] not long before he trespasses over it.” [Bukhari, page 13, vol.1]
Hadhrat Abdullah Bin Umar (radhiallahu anhu) said, “The raising of your This Hadith clearly prohibits the indulgence in doubtful things.
hands (excessively high in dua) is a Bidàh. Rasulullaah (sallallahu alayhi
wasallam) did not exceed (his hands higher than this (i.e. his chest- in 2. This same decree is found in another Hadith, “Leave out that which
normal dua).” [Musnad Ahmad, page 61, vol.2] you doubt for that which you do not doubt, because surely in goodness is
contentment and in evil is doubt and uncertainty.”
Hadhrat Ammarah Bin Ruwaibah (radhiallahu anhu), when he saw Bishar
Bin Marwaan lifting both his hands in between the Khutbahs, said, “May 3. Allamah Barkali Hanafi (rahmatullahi alaihi) states, “Know that
Allaah disfigure those two hands, I did not see Rasulullaah (sallallahu executing an act of Bidàh is worse and more harmful than omitting an act
alayhi wasallam) increasing more than saying like this with his hands.” of Sunnah. The proof for this is that the Fuqahaa have said that if one
And he indicated with his forefinger (i.e. Nabi (sallallahu alaihi wasallam) doubts the ruling of whether a thing is Sunnah or Bidàh, then it is
did not lift more than his forefinger when making Khutbah, whereas this necessary for him to abstain therefrom.”
person is lifting both his hands).
4. It is stated in Fataawa Aalimgiri, “That wherein there is a doubt of
At one juncture, the author of Hidaaya writes, “The proof of the Karaahat it being a Sunnah or Bidàh should be left out.”
is that Nabi (sallallahu alaihi wasallam) did not increase upon this. If there
157 158
5. Allamah Shaami (rahmatullahi alaihi) writes, “When there is a 3. Deprivation of the honour and respect of Muslims
doubt between a thing being Sunnah or Bidàh, then it is preferable to
leave out the Sunnah than to carry out a Bidàh.” This Hadith mentioned above prohibits Muslims from granting any respect
and honour to Bidàtees.
The object being that the act not be executed because by omitting it the
most is that one will be leaving out a Sunnah, which is allowed in the
Shariah, whereas if the act is a Bidàh then one will be guilty of having
carried out a Bidàh act, which is not allowed at all in the Shariah. In such a
case, preference will be given to exercising caution and abstaining.
The reason being that Bidàh is a very foul and detestable act. The gist of
the reality of Bidàh is to make Shariah what is not. Since Shariah is
whatever has been revealed by Allaah Taàla, therefore if a person carries
out a Bidàh then he will be doing something which is not from Allaah
Taàla and attributing it to Allaah Taàla, and this is a great slander and
imputation and it is a type of claim to Nubuwwat. Because of the gravity of
this, it will not be astounding to one that abstention is preferred.
Some results of Bidàh
1. Deprivation of the Sunnah
Hadhrat Ghadeef Bin Haarith Thamaani (radhiallahu anhu) narrates that

Rasulullaah (sallallahu alayhi wasallam) said, “No nation commits a
Bidàh except that a similar Sunnah is taken away from them. It is better to
hold onto the Sunnah than to indulge in Bidàh.”
Hadhrat Hassaan Tabièe (rahmatullahi alaihi) states, “No nation
introduces a Bidàh except that Allaah removes an equal Sunnah from
them, which will not return to them until the Day of Qiyaamah.”
2. This demolishes Islaam
It is stated in one Hadith, “He who honours a Bidàtee, has aided in

destroying Islaam.”
The object here being that the Bidàtee, through his act of Bidàh, is
destroying and demolishing Islaam, and the one who grants honour to him
is assisting and aiding in this destruction of Islaam.
159 160
CHAPTER TWELVE known in the terminology of the Fuqahaa and Mutakallimeen as

Dhurooriyaat-e-Deen.
THE PRINCIPLES OF IMAAN AND KUFR 5. Imaan – To accept with the heart everything which has been
established from Nabi (sallallahu alaihi wasallam) through Qatì
Necessary definitions and Badeehi means, on the condition that one is prepared to
carry it out and obey it as well.
1. Takfeer – means to inform someone that due to some act of kufr 6. Islaam – The admission of obedience and subservience to
of his he becomes a kaafir. Therefore, to make takfeer of Allaah Taàla and Rasulullaah (sallallahu alayhi wasallam), on
someone is not making him a kaafir, it is merely informing him the condition that one has Imaan together with this, i.e.
of his kufr. acceptance of the heart.
2. Thuboot-e-Qatì – those things regarding Nabi (sallallahu alaihi 7. Kufr – To falsify any one thing whose acceptance with the heart
wasallam) which have reached us through a perpetual and is necessary for Imaan, is called kufr.
continuous chain (Tawaatur), are Thuboot-e-Qatì (absolutely
established). For example, the Quràan Majeed, the quantity of The difference between Islaam and Imaan
Salaat, the manner of performing Sajdah and Ruku, the details
regarding Athaan and Zakaat, Nabi’s (sallallahu alaihi In accordance with the literal definitions, Imaan is acceptance of the heart
wasallam) being the Seal of Prophets, etc. and Islaam is obedience and subservience. The basis (place of execution) of
Imaan is the heart and the basis of Islaam is limbs and body.
The meaning of Tawaatur is where something has reached us
right from the era of Nabi (sallallahu alaihi wasallam) until However, in the Shariah it is not possible that Islaam exist without Imaan
present times and in every era in between there were so many or Imaan without Islaam. That is, in the Shariah it will not be worth any
narrators of this thing, that it is impossible to claim that all of consideration if one accepts Allaah Taàla and Nabi (sallallahu alaihi
them were liars and / or are mistaken. wasallam) in the heart, whereas there is no confirmation of this on the
tongue or physical execution of obedience with the body. On the other
3. Thuboot-e-Badeehi – this is known as compulsory in the general hand, physical demonstration of obedience and subservience will not be
usage of the Fuqahaa. This is where a thing attains recognition considered in the Shariah as long as there is no acceptance of Allaah Taàla
by the general masses and the learned, together with it being and Nabi (sallallahu alaihi wasallam) in the heart.
transmitted through Tawaatur. These are such things whose
recognition reaches even the man in the street. For example, that “The two groups of the Ahle Haqq, i.e. Ashaaìrah and Hanafia, have
Salaat, fasting, Zakaat and Hajj are Fardh, that alcohol is agreed unanimously that Imaan and Islaam are intricately interwoven, that
haraam, that Nabi (sallallahu alaihi wasallam) is the Seal of is, Islaam without Imaan is not considered and neither the opposite. The
Prophets, etc. one cannot be separated from the other.” [Musaamarah, page 186, vol. 2]
4. Dhurooriyaat-e-Deen – Those things which have reached us
from Nabi (sallallahu alaihi wasallam) through Tawaatur, and
they have been established with such recognition that every
person, laity and learned, know of its ruling. This is what is
161 162
The types of kufr 3. Kufr-e-Shak – to have doubt rather than certainty in the heart
regarding those things upon which belief is incumbent. That is,
There are four types of kufr; one harbours doubts as to whether these things are true or not.
The kufr of the Munaafiqeen is such.
1. Kufr-e-Jahl – to have this opinion in one’s baatil (spurious)
thoughts that the claim of Nubuwwat of Nabi (sallallahu alaihi 4. Kufr-e-Taweel – this is where a person together with accepting
wasallam) is not true. Most of the Mushrikeen or Arabia had the statements and actions of Nabi (sallallahu alaihi wasallam),
this concept. he deduces his own concocted interpretations, which are in
violent conflict with the accepted and established import of the
2. Kufr-e-Juhood wa I`naad – (a). Together with accepting the Quràan Majeed and Hadith. This type of kufr is termed in the
claim of Nabi’s (sallallahu alaihi wasallam) Nubuwwat, one Quràan Majeed as Ilhaad (heresy) and in the Hadith it is
falsifies him. termed Ilhaad and Zindiqah (hypocrite/ heretic). Those deviant
sects which have strayed into kufr due to their concocted beliefs
These are of the following types – and interpretations fall under this category.
Not accepting the Message of Nabi (sallallahu alaihi wasallam).
The kufr of the Ahle Kitaab, Firòan, Abu Jahal, etc. was of this “It is reported from Ibn Umar (radhiallahu anhu) that he heard
category. Rasulullaah (sallallahu alayhi wasallam) saying, ‘Soon there will be in this
Ummah disfigurement. Hark, this will be those who falsify Taqdeer (fate)
“Those to whom We have given the Kitaab, they recognise him and the heretics.”
(Rasulullaah - sallallahu alayhi wasallam), just like how they
recognise their children.” Regarding this type of falsification and kufr, Shah Waliullah (rahmatullahi
alaihi) states, “Although they outwardly accept the matters of Deen, they
“They negate and disclaim it (his Message), through interpret some established issues in the Deen contrary to what the
haughtiness and pride, whereas they are convinced (of its Sahaabah (radhiallahu anhum), Tabieen and Ijma have done, therefore
truth).” they are heretics. For example, they accept that the Quràan Majeed is
Haqq, and whatever is contained therein regarding Jannat and Jahannum
(b). Notwithstanding acceptance of the Message of Nabi is also Haqq, but they aver that the meaning of Jannat is happiness and
(sallallahu alaihi wasallam), a statement of his is openly refuted pleasure which is created by virtue of good character and Jahannum is
and rejected as a lie. That is, one accepts some of his (sallallahu disgrace which is created due to evil character. In effect there is no
alayhi wasallam)’s teachings and rejects some. physical Jannat or Jahannum. Such a person is a heretic.”
(c). To reject any action or statement of Nabi (sallallahu alaihi The difference between a correct interpretation and a baatil one
wasallam) which is absolutely established, and to say that it is
not his action or statement. This is also in reality a refutation of Shah Waliullah (rahmatullahi alaihi) states, “There are two types of
the Rasool (sallallahu alayhi wasallam). The kufr of those who interpretations, one interpretation is that which is not contrary to an
refute the Ahaadith is due to this factor. established issue in the Quràan Majeed, Sunnah and Ijma (this is the
correct one). Another interpretation is that one which conflicts with an
163 164
established issue from the sources mentioned above. This is heresy. (Baatil Those reasons which renders a person a Murtadd (renegade) and
interpretation is alteration in the Deen). Hence, the person who refutes ejects him from the fold of Islaam
seeing Allaah Taàla on the Day of Qiyaamah, or he refutes the punishment
in the grave, or he refutes the questioning of Munkar and Nakeer, or he The literal meaning of Irtidaad is to turn away. The Sharì meaning is to
refutes the crossing of the Pul Siraat or the reckoning, whether this person turn away from Islaam and Imaan. The person who commits Irtidaad and
says that he considers (as reliable) the narrators of the Ahaadith or not, turns away from Islaam is called a Murtadd. There are two forms of
but he interprets away the actual meaning of the Ahaadith, and he makes Irtidaad:
such an interpretation which is unheard of, then he is a heretic. Or if a
person says that Nabi (sallallahu alaihi wasallam) is the Seal of Prophets, The first type of Irtidaad
but the meaning of this is that it is not possible to call anyone a prophet
after (the demise of) Nabi (sallallahu alaihi wasallam). However, the Where someone openly and clearly changes his religion and turns away
import of Nubuwwat, belief in it (i.e. for Allaah Taàla to appoint a human from Islaam. For example, a person leaves Islaam and becomes a Jew,
for the guidance of others), and obedience and subservience to him is Christian or Hindu. Or he refutes the Oneness of Allaah Taàla, or he
Fardh, and that he is free from sin. To believe these things to be existent rejects the Nubuwwat of Nabi (sallallahu alaihi wasallam).
and present in the Imaams, is heresy.”
The second type of Irtidaad
Similarly, if someone says that he believes that Nabi (sallallahu alaihi
wasallam) was the Seal of Prophets, but there can be a prophet after him or This is where a person does not openly change his religion and he does not
a prophet did come after him, but this prophet came through Nabi even refute Tauheed and Risaalat, but he opts for such beliefs, statements
(sallallahu alaihi wasallam) and under his shadow, then such a person is and actions, which imply and entail refutation of the Quràan Majeed
also a heretic. and/or Risaalat. For example, a person refutes a necessary and absolute
ruling of the Shariah which is established from the clear nass of the
The crux of the matter is that if anyone makes such a spurious Quràan Majeed or something which is established from Nabi (sallallahu
interpretation of any of the Dharooriyaat-e-Deen, i.e. those things which alaihi wasallam) through Tawaatur. For example, if a person rejects the
are absolute and certain in the Deen, such that the import and form is innocence of Hadhrat Aishah (radhiallahu anha), or he refutes the fact that
changed and it is in direct opposition to what is clear in the Quràan there are five daily Salaat.
Majeed and Hadith and the majority of the Ummat have accepted it as
such, then in reality this is falsifying the Quràan Majeed, Ahaadith and An explanation of this follows:
Aqaaìd of Deen. Just as Imaan on Allaah Taàla is not limited to only belief in His existence,
in fact, it is necessary to believe that all His perfect Qualities, like
It is stated in the famous Kitaab of Ilm-e-Aqaaìd, which is Maqaasid, “If a Knowledge, Hearing, Sight, Power, etc., etc. which have been outlined in
person is such that together with accepting the prophethood of Nabi the Quràan Majeed and Hadith are part of His Greatness. Otherwise, even
(sallallahu alaihi wasallam) and outwardly displaying the signs of Islaam the Jews and Christians believe in the existence of Allaah Taàla and His
(i.e. he performs Salaat, fasts, gives Zakaat, etc.), he holds such beliefs qualities.
concealed within him which are unanimously accepted as kufr, then such a
person is termed a heretic.” Similarly, Imaan in Nabi (sallallahu alaihi wasallam) does not only mean to
believe that he was born in Makkah Mukarramah, and that he (sallallahu
165 166
alayhi wasallam) made Hijrat to Madinah Munawwarah, and that he lived the meaning and import is clear and unambiguous (where an interpretation
to the age of 63, but the reality of Imaan in Rasulullaah (sallallahu alayhi is required and may be utilised).
wasallam) is as the Quràan Majeed explains, “Your Rabb takes an oath,
they will never believe until they make you a judge in their disputes and Therefore such types of absolute rulings, which is famous and recognised
quarrels, and then they do not find in themselves any misgivings regarding in every sphere of the general masses and learned, and where imparting it
that which you had decreed and they accept wholeheartedly.” to the people does not require any specialised means. In fact, the general
Muslims are aware of this by way of ‘inheriting’ it. For example, Salaat,
In commenting on this Aayat, Hadhrat Ja`far Saadiq (rahmatullahi alaihi) fasting, Hajj, Zakaat, etc. being Fardh; theft consumption of alcohol being
states, haraam; Nabi’s (sallallahu alaihi wasallam) being the Seal of Prophets; etc.
Such absolute matters of the Deen are known as Dharooriyaat-e-Deen. If
“If any nation worships Allaah, they are regular in Salaat, fulfil their anything is not so well recognised, then it is termed as only Qatìyaat and
Zakaat, keep the fasts of Ramadhaan and make Hajj of the House of not Dharooriyaat.
Allaah, but if they say regarding anything which has been absolutely
established from Rasulullaah (sallallahu alayhi wasallam) that why did he The difference between Dharooriyaat and Qatìyaat is that the refuter of
do this? Why did he not do contrary to this? And if they find constraint in the former is, by Ijma and consensus, a kaafir. There can be no excuse of
their hearts in accepting him (fully), then this nation is amongst the ignorance and unwariness, neither will any interpretation be entertained. As
Mushrikeen.” for the refuter of those Qatìyaat which have not reached this level of
recognition and fame, the ruling regarding him according to the Hanafis is
Note #1: that if he is from the laity, and he refutes something, then the ruling of kufr
will not immediately be passed on him.
An explanation of what has been mentioned regarding a person who refutes
a necessary and absolute ruling, is as follows, He will firstly be explained to and told that this is a matter which has been
absolutely proven and is from the Qatìyuth Thuboot and Qatìud Dalaalat
There are different types of edicts in Islaam insofar as their being and to refute it is kufr. If he maintains his stance even after being
established and each one of them have varying rulings. The ruling of kufr explained, then he will be declared a kaafir.
will only be declared on the person if he refutes those edicts in the Shariah
which have been established by Qatìuth Thuboot and Qatìud Dalaalat. Note #2 – If any ruling:
Qatìuth Thuboot is where something is established from the Quràan 1. Is neither Qatìuth Thuboot nor Qatìud Dalaalat, or
Majeed or from such a Hadith whose narrators, from the era of Nabi 2. Is not Qatìuth Thuboot but is Qatìud Dalaalat, or
(sallallahu alaihi wasallam) until present times, through all the ages and 3. Is Qatìuth Thuboot and not Qatìud Dalaalat, then
nations, are so many and varying that there is no possibility of falsifying
the lot or averring that they have all erred (i.e. Tawaatur Ahaadith). The refuter of all such matters described above will not be a kaafir, but he
will be declared a Faasiq.
Qatìud Dalaalat is where the text in the Quràan Majeed is clear for a
certain ruling or where it is established from a Hadith-e-Mutawaatir, and
167 168
Note #3 unanimously accepted as kufr, then he cannot be called a kaafir. It does not
mean that if he commits clear kufr, and does something which is clear-cut
An example of something which is not Qatìuth Thuboot are those contrary to Islaam, he cannot be called a kaafir.
Ahaadith which are in the classification of Khabar-e-Waahid.
The entire Sahaabah (radhiallahu anhum) were unanimous on the kufr and
The Masàlah regarding the takfeer of the Ahle Qiblah Irtidaad of those who desisted from paying Zakaat and those who accepted
the prophethood of Musailima Kath-thaab. This is clear proof that the Ahle
Those people who outwardly display Imaan and Islaam and they are regular Qiblah, whose Takfeer is not permissible, does not mean that those who
with Salaat, fasting, etc., but they make some spurious interpretation of a face towards the Qiblah and perform Salaat, cannot be called kaafir if they
Qatì or definite ruling of the Shariah, which is contrary to the Quràan commit clear acts of kufr. In fact, from this we understand that (recital of
Majeed, Sunnah and Ijma of the Ummah, such that it changes the meaning the) Kalimah and Ahle Qiblah, are two literal Sharì terms, and only those
thereof (i.e. heretics). Muslims are included in this category who are punctual with (the signs of)
Islaam, like Salaat, fasting, Zakaat, etc. and are free from any commission
After establishing that they are kaafir, the question now arises that these of kufr.
people still recite and testify to the Kalimah, they are from the Ahle Qiblah
and to make takfeer of the Ahle Qiblah is, after all, impermissible. What Mullah Ali Qaari (rahmatullahi alaihi) writes in Sharah Fiqh Akbar,
then is the answer to this? Regarding this are the following Ahaadith: “Know that Ahle Qiblah are those people who are in agreement with all
the Dharooriyaat of Deen, for example that the universe was created, in
1. Hadhrat Anas (radhiallahu anhu) reports that Rasulullaah resurrection, in all of Allaah Taàla’s Attributes, etc. Hence the person
(sallallahu alayhi wasallam) said, “He who testifies that there is who adheres to obedience all his life, but he believes that the universe is
no deity but Allaah and he faces towards our Qiblah, he ever-existent, or he refutes the concept of resurrection, or he refutes the
performs our Salaat, he eats from our slaughtered animals, he Attributes of Allaah Taàla, then such a person is not from the Ahle Qiblah.
is a Muslim, unless you see clear kufr (being perpetrated) by The belief of the Ahle Sunnat regarding the Ahle Qiblah is that their takfeer
him and you have proof by you for Allaah.” will not be made as long as no clear signs of kufr are evident and as long
2. Hadhrat Anas (radhiallahu anhu) reports that Rasulullaah as he does not commit any clear act of kufr.”
(sallallahu alayhi wasallam) said, “Three things are from basic
Imaan, preventing that person who recites Laa Ilaaha Intention is not a prerequisite for coming out of the fold of Islaam or
Illallaahu, not making Takfeer (of anyone) because of his sin becoming a kaafir or Murtadd
and not expelling him from Islaam because of his actions.”
The proof for this is that shaitaan, the big Iblees, did not intend becoming a
From these two Ahaadith, the end of the first Hadith clearly explains, that a kaafir. Regarding this it is stated in the Quràan Majeed, “He was from
person of the Kalimah cannot be called a kaafir unless he commits such an amongst the Kaafireen.”
act or makes such a statement which is clear kufr.
Similarly, those in the first era of Islaam, who desisted from fulfilling
The second Hadith explains that a person cannot be called a kaafir because Zakaat and those who accepted Musailima Kath-thaab as a prophet, did not
of any action or statement of his. This means that if he makes any amount intend becoming kaafir, but they were declared kaafir by the unanimity of
of sin, Fisq and Fujoor, as long as he does not do any action, which is the Sahaabah (radhiallahu anhum).
169 170
The reason being that if intention was a condition for kufr, and any Kufr-e-Iltizaami and Kufr-e-Luzoomi
interpretation would be accepted for a person, then in this world, not even
the biggest of big kaafir would be out of the fold of Islaam. Shaitaan did To hold such beliefs and opinions which in themselves are kufr, for
not refute Allaah Taàla, neither did he refute the deity-status of Allaah example, that the Quràan Majeed is not a Divine Scripture, this is called
Taàla nor any of His Qualities. In fact, he only refused to make Sajdah to Kufr-e-Iltizaami, because the person, by virtue of his own doing and action
another, besides Allaah Taàla. In excuse he can aver that he is the greatest renders kufr upon himself.
of Muwahhids (believers in the Oneness of Allaah Taàla). But, Allaah
Taàla had rendered him a kaafir due this rebelliousness and refutation of To hold such beliefs, opinions and views which by themselves are not kufr,
his. Similarly, idol-worshippers can make the excuse that they do not but they imply kufr, then the kufr which follows, is called Kufr-e-Luzoomi.
believe the idols to be Allaah, but they only worship the idols in order to An example of this is the belief in the concept of Badaa. That is, Allaah
get closer to Allaah Taàla and to acquire His Pleasure. The Quràan Taàla knew something from before, but the reality of the thing (when it
Majeed itself mentions this excuse of the idol-worshippers and waives it occurred) happened differently, or that Allaah Taàla intended something in
aside as not worthy of any consideration, “We do not worship the idols the first place and later decided that this intention was not right. This type
except to gain nearness to Allaah.” of belief necessitates that (Nauthubillaah), Allaah Taàla is ignorant and is
not All-Aware, which in actual fact is a kufr belief.
What must be done if one has doubt with regard to the kufr of a
person? Regarding this, the following is the law:
If a statement of a person necessitates kufr, but he does not know or realise
If there is a doubt regarding the kufr of a person or group, whether this that that statement was kufr, and then if he is made aware of the reality of
doubt is due to the difference of opinion of the Ulama or because of some what he did, and if he refutes having such a belief and the fact that his act
other factor, then in such a case the correct and proper path to opt for will necessitated kufr is also not very clear, and the matter at hand is not from
be not to pass the verdict of kufr, nor to accept his/their Islaam. the Dhurooriyaat-e-Deen, then he cannot be labelled a kaafir.
Further clarification on this is that since one will not accept the Islaam of If he accepts the import of his act/statement, but he says that it does not
such a person, then Nikah with such a person will not be consented to, he necessitate kufr, whereas in reality it does, then he will be taken a kaafir.
will not be followed in Salaat and neither will an animal sacrificed by him
be eaten. And since the verdict of kufr will also not be passed upon such a Similarly, if the act/statement clearly necessitated kufr, and there is no
person, then he will not be dealt with as one deals with the kuffaar. possibility of concealment, then this is a matter where what is obvious will
apply and even if the perpetrator denies having knowledge thereof, then it
If one has the ability to investigate, then such a person must be (his excuse) will not be accepted.
investigated, and whatever the result of such an investigation yields, one
will act accordingly. If one is not able to investigate, then silence must be Takfeer of a true Muslim
adopted and the matter will be handed to Allaah Taàla.
Hadhrat Abu Saèed Khudri (radhiallahu anhu) reports that Nabi (sallallahu
alaihi wasallam) said, “One person does not make Takfeer of another,
except that one of them become liable for kufr, because either that person
(who is accused) is in reality a kaafir (then he is a kaafir), otherwise the
171 172
one making the takfeer will become kaafir due to his (false accusation of) To call a kaafir a Muslim
Takfeer.” In another narration it is reported that kufr will become
necessary on one of the two. As realised from the aforegoing discussion it is obvious that to call and
regard a declared kaafir as a Muslim is a very dangerous and precarious
The impermissible and false Takfeer will rebound. By kufr becoming thing. It places one’s Imaan in jeopardy. The reason being that this would
Waajib it is meant that the burden and vexation will fall on the person mean one is calling kufr Imaan and to do such a thing is a great disservice
making the false accusation. Some have averred that the words of the and oppression to the entire Islaamic creed and society. The entire Islaamic
Hadith that kufr becomes Waajib, is an implication of Kufr-e-Luzoomi. The society is affected thereby. The effect of this falls onto and taints every
reasoning behind this is that when one person calls another a kaafir, aspect of Islaam, like Nikah, lineage, inheritance, slaughter, Imaamat,
whereas the latter holds pure Islaamic beliefs, then it means that the accuser Salaat and social and political rights.
is saying that Islamic beliefs are kufr, which necessitates that he (the
accuser) becomes a kaafir. To call Imaam kufr is definitely a libel against
and falsification of Allaah Taàla and His Rasool (sallallahu alayhi
wasallam).
It is stated in the Quràan Majeed, “That person who refutes Imaan has
despoiled his good deeds.”
In summary, it means that a person who harbours no kufr in his Imaan,

regardless of what a great sinner he may be, cannot be labelled a kaafir.
Based on the above explanation, the Fuqahaa have ruled for the exercising
of such caution and prudence, that if a person makes a doubtful statement
wherein there are 99 possibilities of kufr and one possibility which can be
deduced as being correct, then the Mufti will not consider the 99
possibilities and taking the one possibility into consideration, he will not
make takfeer. This is on condition that the person does not admit to what is
obviously kufr.
It is stated such in Fataawa Aalimgiri, “If in any matter there are various
possibilities of kufr and just one which is opposed to kufr, then it is
necessary for the Mufti that he consider/ incline towards the one
possibility, as long as the perpetrator does not admit to what is clearly
kufr, in which case, no excuse will benefit him.”
173 174

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The book “Principles of Deen” has 12 chapters, explaining:

Since the Qur`aan Majeed is a combination of both words and meanings,

Considering the above matters, Allamah Zarkashi (rahmatullahi alaihi)

Allamah Abu Hayyaan (rahmatullahi alaihi) has explained further by

Imaam Baihaqi (rahmatullahi alaihi) narrates that Ayyub Sakhtiyaani

2. Allamah Zamakhsharee (rahmatullahi alaihi) writes, describing

3. Allamah Ibn Manzoor Afriqi, writes in his Kitaab Lisaanul

4. It is stated in Lisaanul Arab, “If any person initiates any action

5. The statement of Shamar Bin Hamoodiyah is stated in Lisaanul

Nabi (sallallahu alaihi wasallam) until the present day, by such a

The types of Khabar-e-Waahid Hadith-e-Ghair Maqbool is of two types,

We have mentioned before that if the narrators of a Khabar do not Hadith-e-Maudoo`

1. Hadith-e-Maqbool, and 2. Hadith-e-Ghair Hadith-e-Da`eef

Hadith-e-Saheeh Important notes

An important clarification: How can there be hundreds of thousands CHAPTER FOUR

2. “And similarly, We have made you a moderate Ummat.” [Surah

2. The second level is that of the Ijma-e-Sukooti of the Sahaabah

that.’ Rasulullaah (sallallahu alayhi wasallam) then said, ‘what

3. One needs to be qualified to make Qiyaas. From the incident of

4. He must recognise the object of Qiyaas. The object of making

Hadhrat Hasan Basri (rahmatullahi alaihi) said, “Indeed a Faqeeh is a

According to this definition, Ilm-e-Aqaa`id is known as Fiqh-e-Akbar (the

Imaam Shaafi (rahmatullahi alaihi) defined Fiqh as only being the

Mujmal Ibaaratun nass

“There is no Thawaab (reward) except with intention”

Haajat (need) Mas`alah:

Manfa`at (benefit) Mas`alah:

Mas`alah: “General customs and habits will be taken into consideration.”

1. Doubt with regard to place/time/occasion 3. Doubt in the transaction

Mas`alah: CHAPTER NINE

According to Saahibain (rahmatullahi alaihima), if a debtor gave the PRINCIPLES OF IJTIHAAD

That Faqeeh who has the ability of making Ijtihaad is known as a

The conditions of Mujtahid-e-Mutlaq

The under-mentioned qualities are necessary in a Mujtahid-e-Mutlaq:

2. He must be fully au fait with the text, meaning and rulings of

3. He should also be familiar with the text and Sanad (chain of

also know which Hadith is Mutawaatir, Mash-hoor and

Khateeb Baghdaadi (rahmatullahi alaihi) states, “The companions of Abu

recital of the Imaam is his (Muqtadi’s) Qiraat’ confirmed a prohibition of

Therefore, this Mas`alah of Imaam Abu Hanifah (rahmatullahi alaihi) is not

The necessity of understanding the reasoning behind the proofs

It is reported in one Hadith where Hadhrat Nu`maan Bin Basheer

CHAPTER ELEVEN Note:

6. To have similarity with the kuffaar, even if it be in one aspect, is Note #1

Some results of Bid`ah

1. Deprivation of the Sunnah

Hadhrat Ghadeef Bin Haarith Thamaani (radhiallahu anhu) narrates that

2. This demolishes Islaam

It is stated in one Hadith, “He who honours a Bid`atee, has aided in

CHAPTER TWELVE known in the terminology of the Fuqahaa and Mutakallimeen as

In summary, it means that a person who harbours no kufr in his Imaan,

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