Thursday, March 08, 2012

Preparing for Exams & Preparing for Death


Preparing for Exams & Preparing for Death

Every year students are faced with the sitting exams. Whether at School, College or University, the outcome will decide whether we have progress into the next year/semester or signal failure. Exams are important for us to succeed, they fulfil the purpose of attending School, College or University and allow us to  gain employment in later life.

Hence we have a purpose for coming to university. We seek to achieve certain results, which require effort and hard work, in order for us to attain the degree.

Crunch time

During exam period the purpose of education is made very clear as it is crunch time. Either you make it or you break it. So at this stage we are even more conscious about seeking those results and fulfilling the objective of attending university.

Exam preparation means a total change in activity for students. People stop watching their favourite soaps on television (not that they should be watching it anyway). Some revise in the library till midnight and then return home and continue till 3 or 4 am in the early hours of the morning. Others have to let go of that x-box and shut off their online gamer friends or limit going onto Facebook twice day as opposed to every hour!

We will see people during this time whose health is very bad, because they haven’t been eating properly or at the right times. People who normally take pride in their appearance, all of a sudden are dressed shabbily. Some guys even keep ‘Exam beards’ (What beardo’s!!)

Thinking affects our views/Attitudes

So we can see very clear patterns of thinking here and how it manages to transform a person’s behaviour radically. Everyone clearly realises, that they have to pass. They also realise that if they don’t pass then they still have the option to re-sit during summer time.

However, there is one examination, one test which we all are a part of. The results of this exam are unknown to us presently. Each day that passes, we are monitored and are examined. This is the main focus of my bayaan today

Reality of Death

Brothers and sisters, this is the test which Allah has put us in. It is the subject matter of death and what we will face after death. The day when mankind will stand before Allah (swt) on the day of reckoning definitely, and Allah will question us about our actions we performed in our life. The very life which Allah gave us without our choice and the one which he will take from us without our choice.

This is the exam that every single human who has existed in this dunya, from the time of Adam (as) and Bibi Hawa, to the last person to live in this dunya will face. And on that day we will not have the ability to go back to this world to make our selves better. There will be no re-sits and the decision on that day made by Allah the supreme will be decisive and final, and nobody will be able to change it. Either it will be the Bliss of Jannah or the darkness of jahannam.

Our Attitude to Death

Islam answers the questions about our purpose in life, and gives us a direction in life. So we think about death and remind ourselves and question our actions. Those actions which Allah has given us a shariah for, to guide us to sirat-ul-mustaqim. So let us look at what attitude we should have towards the issue of death.

Allah’s Messenger said to Abdullah b.Umar (ra), “If you awoke in the morning, do not speak to yourself of the evening, and if you reach the evening, do not speak to yourself of the morning. Take from your life for your death, and from your health for your illness, as you, oh Abdullah, do not know what your name will be tomorrow” [Bukhari].

Uthman bin ‘Affan (ra), in the last Khutba he gave in his life, said:
“Allah (swt) gave you this world to request the Akhirah, and did not give it to you for you to rely upon, for this world ends and Akhirah is everlasting. So let not that which ends make you disregardful, nor keep you busy from that which lasts. Choose to seek that which lasts over that which ends, for this world will be cut off and our return is to Allah.”

Remembrance of death continually keeps us in check in this dunya. It makes it realise that we have a contract with our creator. A contract with no expiry date specified. It is like a bomb, which is ticking and has no timer but just a question mark. You do not know when it will explode.  Allah says

“To every person is a term appointed. When their term is reached, not an hour can they delay it, nor by an hour can they advance it” [Surah Araf 7:34]

Hence Life is limited, and time is short and there are many actions which we need to perform. Allah describes this in the following ayah

“It will seem to them that their life on Earth had spanned only one evening, or one morning” [Surah Naziat 79; 46]

On the Authority of Abdullah bin Mas’ud (ra) who said: Once the Messenger of Allah (saw), slept on a mat made of date palm leaves and when he awoke the impressions of the mat were visible on his body. We (the Sahabah) said: “O messenger of Allah (saw) may we prepare a soft bedding for you?” Allah’s Messenger said “I have nothing to do with this world, I am in this world like a rider who halts in the shade of a tree for a short period of time and after taking some rest, resumes his journey leaving the tree behind.” [Tirmidhi]

So what do we do?

Many of us are confused about the subject of preparing for the akhira. Remembrance of death is not crying and wailing and blaming one’s self when one is on the brink of death, or attending a funeral or visiting graves alone. Rather, remembrance of death is when a believer imagines that he will meet his Lord at any moment, and his actions will be cut off, as will his ability for repentance. So he will be aware of himself, careful to obey Allah (swt), wary of his Lord every second of his life.
Anas (ra) said: I overheard ‘Umar b. Al-Khattab (ra) as he entered upset, and there was a barrier between us, and he was saying:

“Oh, ‘Umar b. Al-Khattab, Amir of the Believers, bravo! By Allah, Oh, son of Al-Khattab, you 
better fear Allah, or he will punish you.”

With the preparations for exams we realise if we fail we have the opportunity to re-sit. But brothers and sisters. Life is limited and there will be no second chances. Allah reminds us

“But when death comes to one of them he says: ‘My Lord return me, so that I shall perform what you ordered of that I neglected’. No indeed! It is only a word he says, and there behind them is a barrier until the Day they shall be raised up” [Surah Al Mu'minoon 23;99]

What is the Bargain?

In this life Allah has given us Islam and the shariah rules to guide us. Allah has struck a bargain with us. What is this bargain? Those of us who obey Allah and his messenger and remain steadfast in the deen of Islam, observe all their actions according to Islam, Allah will reward them with the jannah, and those who failed they will be thrown into the hellfire.

It was reported by Anas (ra) who said that Allah’s Messenger said “Whoever likes the appointment with Allah, Allah will like his appointment, and whoever dislikes the appointment with Allah, Allah will dislike his appointment”.

So what is jannah like that we strive for, and what is jahannam like that none of us want

Jannah

Allah describes the scenes of entering Paradise

“Those whom the angels cause to die while they are pure, say: ‘As Salamu ‘Alaikum (peace be upon you’ and the angels will say to them ‘enter into Paradise because of what you used to do” [Surah Nahl verse 16:32]

and Allah (swt) describes the bliss of Paradise as

“Verily, for the Muttaqûn, there will be a success (Paradise)” [Surah Naba 78:31]

The ayah continues highlighting the wonders of Paradise that we will be granted for our good deeds and successful Islamic Life

“Gardens and grapeyards; And young full-breasted maidens of equal age And a full cup (of wine). No Laghw (dirty, false, evil talk) shall they hear therein, nor lying; A reward from your Lord, an ample calculated gift (according to the best of their good deeds)”

Sahl bin Sa’d narrated that Allah’s Messenger said “A place in Paradise equal to the size of a lash is better than the whole world and whatever is in it.” [Bukhaari]
Hell

Allah’s Messenger said “When the disbeliever and the sinful servant is leaving the life of this world and going onto the next, powerful and severe angels with black faces descend upon him carrying with them coarse sack cloths from Hell, and they sit from him at a distance as far as the eye can see. Then the Angel of Death arrives and sits by his head and says: ‘Oh foul soul come out to Allah’s wrath and anger.’ The soul spreads throughout his body, so he violently drags it out like multi-pronged skewers being pulled out from wet wool, tearing with them the arteries and the nerves”.

Furthermore Allah’s Messenger said informed us that: “If just one drop of Zaqqum (the fruit of Hell) where to touch this Earth, it would destroy it” (Ahmed).

This is the outlook which Islam gives to us prepare for the most important examination.

Exams in Capitalist Societies

In Capitalism i.e. Western societies we see a great emphasis placed on Exams. Hence in High School we are told that your GCSE’s are the most important exams of your life because based upon these you will choose your future career path. We go to college and pursue further education and we have career advisors to help us decide which courses to opt for at university.

When we get to university we do not get the help from teachers like the way we did in college and School. Rather it is up to us to attend lectures and tutorials. This breeds the mentality of individualism within us where you look out only for yourself.

Give me Your course work

People will make and break friendships based upon how beneficial this person is to them in their studies. Social relationships are  built to ease the stress of studying. Some relationships are built simply to get help for work, like going to the class geek or brain box who obviously is lacking Social skills to make friends! Youre their best pal now. I Wonder why?

So the whole outlook, which Capitalism builds around preparations for exams, is one of individualism.

Affecting your deen
A student therefore gears his entire activity at university based upon such ideals and neglects all others. So a muslim will make up many excuses of studies so that he doesn’t attend circles of ilm. He or she may even compromise Jum’ah because it clashes with Exams.

Such a mentality, which Capitalism breeds, makes the person live in a cocoon and from the Islamic perspective distances that person away from practicing the deen. So all that person is continually worrying about is assignments, module assessments and practicals

Most importantly, they miss out dealing the most important exam of life- i.e. our purpose and what happens after life ceases to exist. This question has no value in life for people in Capitalist societies. NOT even in their education system.

Exams show us we can change our lives

The reality of death is a subject matter which none of us can avert and shy away from. Death stares in our faces every second of our lives. We have only two types of breath. One, which we inhale and one which we exhale and we do not know which one will take our lives.

The preparation for the akhirah by all means is no simple task but every one of us is capable of achieving jannah, because that is why it was created and indeed every one of us is capable of entering the hell fire because that was also created for a certain purpose.

However, lets look at our attitudes towards preparing for our examinations. Our behaviour radically changes and exams become the life and death issue for us. Our sleeping, eating, relaxing, entertainment, and even family commitments change guided by the thought that we need to pass these exams.

Indeed it is this very thought which needs to be applied to the most important exam of our life, and that is the akhirah. Allah says

“No indeed! When the Earth is systematically levelled down, and your Lord comes, with angels rank on rank, and Jannah is brought near, then man will remember, but how will that remembrance profit him? He shall say, ‘Oh would that I had prepared for my life!”  [Surah Al Fajr verse 89:23-27]


Book Check

We should all ask ourselves the same question. What do we do to keep our ideas in check? Do we value the books of human beings over the book of Allah? When it comes to preparing for exams do we give it our best shot and divert all our energies to studying but when it comes to understanding Islam, making Da’wah, reading books, speaking about Islam and creating avenues in which the correct Islamic ideas can prevail.. Shouldn’t we excel more than we do for our studies?

Conclusion

Exam time clearly shows us that those people who say they can’t change and their iman is weak are lying and fooling themselves. Exam time clearly shows us that Capitalism makes people think individually and makes them avoid the real issues of life.

Islam on the other hand builds a clear vision and a goal in life, part of which is that we seek education and we sit exams, and deem this as something which our deen has permitted.
Let us question ourselves on our attitudes for the preparation of exams compared to our preparation for the life to come which is everlasting and has no end

Let us take today, this time, and this place where we renew our allegiance to Allah (swt) and promise that now will be the change to which the world will stand witness to. And Allah says
And whoever believes in Allah and carries out His commands, Allah will forgive him his sins, and admit him into the Gardens of Paradise beneath which rivers flow, to live in forever, and this is the supreme success” [Surah Taghabun 64:9]

Monday, March 05, 2012

The Shariah rules relating to mixing between the sexes

The Shariah rules relating to mixing between the sexes

In Islam, the basic principle of the interaction between men and women is segregation. This means that in all areas of life and in all places whether private or public, contact between men and women is generally prohibited. Many evidences establish the principle of not mixing between the sexes, and there are many ahadith which clarify that this is the case in both public and private areas:

Abu Dawud narrated the following ahadith: The Prophet (saw) said, “The best row for men is the front row, (furthest from the women’s row) and the best row for women is the back row and the worst is the front row (just behind the men).” The Prophet (saw) saw men and women outside the mosque moving side by side in the crowd. He stopped the women saying, “It is not proper for you to walk in the middle of the path, you had better walk along the walls.”

In Abu Dawud, p.284, Hadith No. 4931, it is narrated upon the authority of Aisha (ra) that she said: "I used to play with my friends and whenever the Prophet (saw) entered they would leave and whenever he (saw) went out they would come back in."

In Abu Dawud Hadith No.4933, it is narrated that Aisha (ra) said: "The Prophet married me at seven and we had relationship at nine and when I moved to medina some women prepared me for the wedding and they nor I ever mixed with men in a house of women. The women received me and men received the Prophet and then we went to the house."

In Abu Dawud V.4, p.370, Hadith No .5273, it is narrated upon the authority of Nafih that the Messenger Muhammad (saw) said, "Do not walk between two men or between two women in the street."

This means that the Muslims should avoid contact with members of the opposite sex, whether Muslim or not, as a general rule. However, there are exceptions to this general rule, where the mixing or interaction between men and women is permitted in certain situations.

For example, it is permitted for men and women who are mahram to each other to mix freely for any purpose that Islam permits. As well, there are certain areas where it is permitted for non-mahram men and woman to interact with each other, such as for the purpose of da‘wah (invitation to Islam). However, the type of mixing that can occur here is not free, and is restricted by the Shari‘ah to be within certain guidelines and boundaries, and the Muslim must be sure to understand these before any type of mixing takes place.

The ahkam (rules) to do with mixing also vary with regard to the kind of place in which the mixing occurs.

In an Islamic society, there are two types of areas where men and women come into contact with each other, which are quite different in their descriptions and in the ahkam (rules) which relate to them. The nature of the interaction between people in them may involve the mixing among men, among women, and between men and women. These are:

The Public Areas - These consist of areas wherein anybody can be present without permission, e.g. the mosque, the streets etc.

The Private Areas - These are areas where permission is required to enter them, such as houses. In such areas, it is forbidden to enter without permission, or even to look inside. Sahl ibn Sa’ad narrated, “A man peeped through a round hole into the dwelling place of the Prophet (saw) while he had an iron comb with which he was scratching his head. He (saw) said, ‘Had I known you were looking (through the hole) I would have pierced your eye with it (the comb). Verily, the order of taking permission to enter (a dwelling place) has been enjoined because of that sight (that one should not look unlawfully at the state of others)’. ” [Bukhari]

Allah (swt) says:

“O you who believe, don’t enter houses other than your own until you have asked permission and saluted those in them, that is best for you, in order that you may heed (what is seemly). If you find no one in the house, don’t enter until permission is given to you; if you are asked to go back, go back; that makes for greater purity for yourselves, and Allah knows well all that you do).” [TMQ An-Nur: 27-28]

It was deduced from these verses that the place which is considered a house and upon which the rules of the private life apply is the one no one from outside is allowed to enter it except with a permission. In such place, the woman has special rules, to which the term of private life was given. This applies to that known as house or home. It was compared to it, by analogy, the places that are closed to the public i.e. in those areas which nobody is allowed to enter unless he had a special permission. However if those areas can be seen by people outside of them for example if they were made of transparent glass, where their inside is exposed to the public, then they are considered public places. Similarly, the places open to the public, wherever anybody has an enquiry or a transaction can enter, such offices are not subject to the rules of the private life.

Islam defines rules and laws which regulate the relationships between men and women in each of these spheres.
The Private Life
This concerns the conduct of people when they are in the private areas. Here, the principle is that mixing between unrelated (non-mahram) men and women is forbidden as a general rule. However, the Shari‘ah gives permit for mixing to occur under certain special circumstances. In all these cases, a woman cannot be in Khalwa (seclusion) with another man alone. These areas include:

1) Medicine: It is allowed for men and women to mix for the purpose of seeking medical treatment. The Sahabiyat used to treat the Sahaba and the Prophet (saw) consented to that.

2) Da’wa: It is allowed for men and women to be present in the same class if the purpose of their mixing is learning about Islam or other types of education permitted by the Shari‘ah. The sister of Umar (ra) was being taught from the Quran by Khabab ibn Arrat (ra) with her husband when Umar entered upon them. It has been narrated that Umm Salamah and Aisha (ra) who used to do da'wa to men and women

3) Marriage: If a man is looking to marry a woman then he is allowed to talk to her about issues related to finding out about her and related to the marriage. A man came to the Messenger Muhammad (saw) to ask about marrying a girl and the Prophet (saw) told him to go and see her i.e. see her in her Mahram’s presence.

4) Duress or Compulsion: At times of absolute necessity or emergency, such as earthquakes, war or hurricanes, the necessary mixing is permitted for men and women in order to remove any danger or threat.

5) State arrest: The evidence for this is from Uthman and Umar (ra) said, "O women, cover yourselves we are entering" and he entered a house to arrest someone with his army and there was Ijma of the Sahaba (consensus of the companions) on this.

6) Eating: In Surah Nur Allah (SWT) says:
“The blind is not to be blamed, the crippled is not to be blamed, nor is the handicapped to be blamed, just as you are not to be blamed for eating at your homes, or the homes of your fathers, or the homes of your mothers, or the homes of your brothers, or the homes of your sisters, or the homes of your fathers' brothers, or the homes of your fathers' sisters, or the homes of your mothers' brothers, or the homes of your mothers' sisters, or the homes that belong to you and you possess their keys, or the homes of your friends. You commit nothing wrong by eating together or as individuals. When you enter any home, you shall greet each other a greeting from Allah that is blessed and good. Allah thus explains the revelations for you, that you may understand.” [TMQ 24:61]

For men and women to eat together is permitted in the places mentioned in the verse such as the home of your fathers or your friends as it says, “You commit nothing wrong by eating together or as individuals”.

However people should be careful that even though eating together with the women at a friends house is permitted that they should leave once they have eaten and beware of socialisation with the opposite sex which would be exceeding the permit.

7) Silat ar-rahm (maintaing the relationship between kith and kin): It is allowed for non-maharam relatives to sit with their non-maharam (people to whom marriage is permitted) for the sake of silat ar-rahm as long as it is without khalwah (privacy). There exist a number of hadith concerning the keeping of good relations with the relatives.

It was narrated by Anas b. Malik that the Messenger of Allah (saw) said: "Whoever loves that he be granted more wealth, and that his lease of life be prolonged, then he should keep good relations with his kith and kin". It is narrated by Abu Hurayra that the Prophet (saw) said: "Allah created His creation, and when He finished it, the womb got up and said, I seek refuge with you from Al-qatia (ties being severed with me)". On that Allah (swt) said: "Don’t you accept that I bestow my favours on him who keeps your ties, and withhold My favours from him who severes your ties?" On that it said, "Yes, Oh my Lord!" Then Allah (swt) said: "That is for you".
The Public Life
This concerns the conduct of people when they are in the public areas. Here again, the principle is that mixing between unrelated (non-mahram) men and women is forbidden as a general rule. However, the Shari‘ah gives permit for mixing (in the sense of presence in the same area) to occur under certain special circumstances. In all these cases, it is not a condition that a woman has a mahram in her presence. The areas can be broadly categorised to include:

1) Hajj: Through the Prophets (saw) consent.

2) Trade/hiring: This includes markets/shops, buying, selling, hiring, borrowing and lending. Tirmidhi narrated that the Messenger Muhammad (saw) traded with women, and Abu Bakr saw the Messenger Muhammad (saw) trade with a woman.

3) Work: If the nature of the work means that one needs to mix then there is a permit. Work involves looking for work e.g. interviews, etc. The Messenger Muhammad (saw) permitted Zubayr Ibn Awwam's wife to work. She carried water both to men and women. The Messenger even offered his camel to assist her.

4) Every day life affairs: This involves the unavoidable interaction between men and women in areas like streets, markets, restaurants, etc.

Special cases within the Public life

There are private places upon which the rules of private life apply, such as houses. There are public places upon which the rules of the public life apply, such as the markets. There are public places with special rules like separating men from women, such as the mosques and attending the public talks at lecture theatres and the like which are compared by analogy.

The Prophet (saw) said, “The best row for men is the front row, (furthest from the women’s row) and the best row for women is the back row and the worst is the front row (just behind the men).” [Abu Dawud]

In Abu Dawud Kitab Al Salat, V.1, in the Chapter on Segregation, it is narrated that Umar bin Al Khattab (ra) said: "Make a special door for women in the mosques."

So in the markets, it is not a condition that men separate from women during trading. But in the mosque and the lecture hall, the separation of men from women is a condition. The Messenger Muhammad (saw) used to address men and women in the mosque in medina, men in front and women behind. Similarly, in the hospitals the sections of men should be separated from the sections of women.

In all these cases, where men and women are present at the same time, there must not be free mixing, where both sexes are mingling with each other. The general rule is that any contact between members of the opposite sex is minimised as much as possible, so any contact between members of the opposite sex must be necessary to the business at hand. Thus in the Islamic State, for example, in the trains or buses there would be separate areas for men and women.

In any case, the activities which are occurring must be halal (i.e. permitted) in nature. Accordingly, mixing between non-mahram men and women for the purpose of amusement, leisure-activities or entertainment is strictly prohibited. Thus issues such as boyfriend/girlfriend relationships, dating, or enjoying leisure and company with unrelated women is haram. However, Islam does see these types of activities as acceptable, but only when regulated within the framework of marriage.
Weddings
Mixing (ikhtilaat) is not allowed unless it is for a need recognised by the Shariah for which there is a text in the Book of Allah or the Sunnah of His Messenger (saw) such as buying, selling, silat rahm (maintaining relations with kith and kin), etc.

There is no text regarding the mixing of men and women in halls for wedding celebrations. Rather what has been mentioned in the time of the Messenger of Allah and his Sahabah is that the women used to sit with the bride on their own and the men used to sit on their own. Thus, mixing in halls is Haraam and no exception is made for it.

In Abu Dawud Hadith No.4933, it is narrated that Aisha (ra) said: "The Prophet married me at seven and we had relationship at nine and when I moved to medina some women prepared me for the wedding and they nor I ever mixed with men in a house of women. The women received me and men received the Prophet and then we went to the house."

What has been reported with respect to the wedding feasts is the wedding procession when the woman is taken to her husband’s house. It is allowed for men and women to take her to her husband’s house and then the men should separate form the women since this has been the established during the time of the Messenger of Allah (saw) and he approved of it. This occurred outside and therefore falls under the rules of the public place.
Khalwa (Seclusion)
Khalwa relates to the presence of a non-mahram man and woman being on their own together without the presence of a mahram or any other person. This could happen in a private place, or a public place. In either case khalwa is forbidden from Islam, and both the man and woman involved are sinful.

Khalwa in a Private Place: This could occur in any place that requires permission for entry, such as a house or bedroom in a residence building.

Khalwa in a Public Place: This could occur in any public place whose nature is that no other people would be likely to pass by or come there. An example of such a place would be in a forest or an isolated room in an office.

Muhammad (saw) said, “If a man and a woman are alone together in an isolated place, then the third is Shaitan.” Bukhari narrated that the Prophet (saw) said, “No man should stay with a lady in seclusion except in the presence of a mahram to her.” A man stood up and said, “O Rasul Allah! My wife has gone out intending to perform the Hajj and I have been enrolled in the army for such and such a campaign.” The Prophet (saw) said, “Return and perform the Hajj with your wife.”

Modesty and Lowering the Gaze

Part of the provision of maintaining the dignity and honour of men and women in Islam is in the regulation of the way they are regarded by each other. It is forbidden for the Muslim man to look at any woman with lustful intentions, except for his wife. The same is true for a Muslim woman with regard to other men.

Rather, the emphasis is on lowering the gaze away from members of the opposite sex at times when they are present, like in the streets or the market place. Allah (swt) says,

“Say to the believing men that they should lower their gaze and guard their modesty, that will make for greater purity for them, and Allah is well acquainted with all that they do. And say to the believing women that they should lower their gaze and guard their modesty.” [TMQ 24:30-31]

Jarir ibn ‘Abdullah reported, “I asked Allah’s Messenger about the sudden glance (that is cast) on the face (of a non-mahram). He commanded me that I should turn away my eyes.” [Muslim]

This reflects the principle that the way that Muslim men and women view each other is completely different to the way of the West, where women are seen as sex objects, and respect of both men and women in this context is almost non-existent. Indeed, if it does exist at all, the criteria upon which it is based mainly concerns the superficial physical attributes. Allah (swt) says:

“And the believers, the men and women, are protecting friends of one another, they bid to honour and forbid dishonour, they perform the prayer, and they pay the alms, and they obey Allah and His Messenger. Upon them Allah will have mercy.” [TMQ 9:71]

This aspect of the Social System of the Islamic State will prevent exploitation of women in pornography, or the use of their bodies as an enticement for people to buy products. Additionally, in the media as a whole, whether on television, magazines, newspapers or films, neither men nor women will be portrayed in roles where they reveal their awrah, or involve in activities that are forbidden in Islam.

Thus the sexual bombardment from the media that is faced by people in the West, and the distorted image of men and women that this builds in the mind, will be absent in the Islamic State.

The importance of Fiqh (jurisprudence) & its study

The importance of Fiqh (jurisprudence) & its study

Fiqh linguistically means understanding as in His (swt) saying:

“We do not comprehend (la nafqahu) much of what you say.” [TMQ 11:91] i.e. we do not understand. Many scholars including al-Amidi and Shawkani have defined fiqh as, ‘the knowledge of the practical Shar’ai matters that are derived from their elaborated evidences (al-adillah al-tafsiliyy ah)’. [Amidi, Ihkam, I, 6; Shawkani, Irshad, P. 3.]

Knowledge of the Shari'a rules began the day when they started began to be revealed from Allah (swt). This took place mostly after the migration (hijra) of the Prophet (saw) from Makkah to Madina. The Messenger of Allah (saw) stayed in Makkah for thirteen years, then he resided in Madina for about ten years, the Quran was revealed since the beginning of revelation in Makkah and continued throughout the Prophet’s stay in Madina. Many of the verses of ahkam used were revealed in Madina, in this period when the verses from the Qur'an were revealed the Messenger (saw) used to talk about the ahkam relating to whatever they included in terms of events and relating to the solution for whatever problems that arose.

The portion that was revealed in Makkah approximates to about two thirds of the Qur'an and they are designated as the Makkan verses (makki). In their totality they barely deal with few ahkam, rather they are confined to explaining the fundamentals of the deen and calling people to them, such as the belief in Allah and His Messenger, the Day of Judgement, the command to perform Salah, characterisation with moral attributes such as honesty, truthfulness, and forbidding evil actions such as fornication, murder, burying girls alive, deficiency in the measure and scales etc. The second portion that was revealed in Madina is close to a third of the Qur'an and they are designated as the Madinan verses (madani). These are verses of mu'amalat (transactions) such as selling, renting and usury. They also include the hudud, such as the hadd of zina (fornication) and stealing. From the jinayat (capital punishments) such as killing the one who killed someone intentionally or punishment of highway robbers. And from the bayyinat (testimonial evidences) such as the testimony of zina and the rest of the testimonies. The remaining rules concerning the worships ('ibadat) such as fasting, zakah, hajj and jihad were revealed were also revealed during this period.

From this it becomes clear that even though rules of prayer were revealed in Makkah they do not form a body of rules but knowledge of a type of rule. As for what was revealed in Madina, they consisted of all the ahkam. That is why knowledge of such rules is considered fiqh. Therefore, it is more accurate for us to say that fiqh began in Madina. And since fiqh constitutes practical rules, they have been revealed to treat incidents that have taken place. The verses of ahkam, more often than not were in connection to events that took place. So the disputants would refer judgment to the Messenger of Allah (saw) and he would judge between them according to the rules Allah (swt) has revealed to him, or on the occasion of problems requiring solutions, so an ayah or ayaats stating the hukm would be revealed. In this manner the Qur'an was revealed gradually (munajjaman). The legislative aspect used to be quite evident in the revelation of the Qur'an. The ayaats did not treat assumptions that may or may not happen. Rather, they treated issues that actually took place and real problems that people face. The Qur'an continued to be revealed until the year in which the Messenger of Allah (saw) passed away. So, Allah perfected and completed the deen and He revealed to him the last ayah which is His (SWT) saying in Sura al-Baqara:

“O you who believe! Be afraid of Allah and give up what remains (due to you) from riba (usury).” [TMQ 2:278]

With that, the ahkam were completed in their capacity as ahkam. The Qur'an and the actions, sayings and consent of the Messenger (saw) contain the rulings for all the types of actions that ensue from human beings; from the worships ('ibadat) like prayer (salah) and zakat, from the morals such as honesty and trust, from the societal transactions (mu'amalat) such as murder and theft, from the testimonial evidences (bayyinat) such as the rules of testimonies and the rules of written documents, and from the political affairs relating to the domestic policy such as the rules of the khalifah and the rules of the judiciary, or relating to the foreign policy such as the rules of combatants and treaties. Through this Islamic jurisprudence (fiqh) existed due to the presence of the Shari'a rules, because the fiqh is the knowledge of a body of Shari'a rules.

Studying Fiqh

Knowing the Shari’ah rules with which a Muslim is obliged with in his life is an individual duty upon every Muslim because he is commanded to undertake all his actions according to the Shari’ah rules. This is so as the address of accountability (takleef) with which the Legislator (Ash-Shar’i) addressed mankind, and addressed believers, is a decisive address giving to option to anyone whether it was about the creed (iman) or human actions. Allah’s (swt) statement: “Believe in Allah and His Messenger” is like His (swt) statement: “Allah permitted trade and forbade riba” [TMQ 2:275], in that they are both addresses of accountability. They are both decisive addresses in relation to their address, not in relation to the subjects we were addressed with, due to the evidence from the Quran:

“It is not for any believer, male or female, to have any option in any matter upon which Allah and His Messenger have judged.” [TMQ 33:36].

Also due to the evidence of the accountability of every action as the Supreme said: “Whoever performs a particle’s weight of good will see it, and whoever performs a particle’s weight of evil will see it.” [TMQ 99:8-9] and the Supreme said:

“The Day that every soul will be confronted with all the good it has done and all the evil it has done, it will wish that there was a great distance between it and (its evil). But Allah cautions you about Himself.” [TMQ 3:30] and He (swt) said:

“And each soul will be recompensed for all its actions.” [TMQ 16:111].

Accountability (takleef) came in a decisive manner so a Muslim is accountable in a decisive manner to restrict himself to the Shar’a rules when he undertakes any action. As for the subject of accountability i.e. the thing which Allah made him accountable for by command to do (talab), to leave or making it optional, this can be obligatory, recommended or allowed, or it can be prohibited or disliked. As for the essence of accountability (nafs at-takleef), it is decisive without any choice in it; so there is only one situation, namely the obligation of restricting oneself to it. Hence it becomes obligatory upon every Muslim to know the Shari’ah rules with which he is bound in earthly life. As for knowing what is in excess of the Shari’ah rules with which he is bound in this life, this is a collective obligation (Fard ul Kifaya) not an individual duty (Fard ul Ayn) i.e. if some fulfil this, then it falls away from the rest. This is strengthened by what was narrated by Anas bin Malik who said: The Messenger of Allah (SAW) said: “Seeking knowledge is obligatory upon every Muslim.” Even though what is meant here is every knowledge with which a Muslim is bound in his life, jurisprudence (fiqh) is part of it in respect of the rules with which a Muslim is bound in his life such as ritual worships (ibadat), social transactions (mu’amalat) etc. Hence studying fiqh is among the compulsory matters for Muslims; rather it is of the rules that Allah obliged upon them, whether it is an individual or collective duty. We have noble ahadith encouraging the studying of fiqh and the Messenger (SAW) encouraged the study of fiqh. Al-Bukhari narrated through Mu’awiyya bin Abu Sufyan: The Messenger of Allah (saw) said: “The one for whom Allah wills good (khayr), He grants him fiqh in the deen.” Said bin al-Musayyab narrated from Abu Hurayra who said: The Messenger of Allah (SAW) said: “The one for whom Allah wills good, He grants him fiqh in the deen” [Ibn Majah].

Hazzam bin Hakeem narrated from his uncle from the Messenger of Allah (SAW) who said: “You are in a time of many jurisprudents (fuqaha), few speakers, many who give and few who ask; so action in this time is better than knowledge. There will soon come a time of few jurisprudents, many speakers, many who beg and few who give; so knowledge in this time is better than action.” These ahadith are explicit in the virtue of fiqh and encouraging its study. It was narrated that Umar bin al-Khattab said: ‘The death of one thousand worshippers who pray at nigh and worship in the day is less serious than the death of one intelligent knower (baseer) of the halal and haram of Allah.’

Some have misinterpreted a verse of the Quran to justify an understanding that studying the fiqh is only a collective duty (Fard ul Kifaya) and not an individual duty (Fard ul Ayn), they quote the verse:

“And the believers should not all go out to fight. Of every troop of them, a party only should go forth ,that they (who are left behind) may gain sound knowledge in the Deen and that they warn their folk when they return to them, so that they may beware.” [TMQ At-Tawba:122]

They interpreted this Ayah to mean that some people of each group should set off to acquire knowledge and to return to their people to teach them. Through this, they made learning of the Deen a collective duty (Fard ul Kifaya), thus conflicting with the Hukm Shar’ai and the meaning of the Ayah. With regards with their contradiction to the meaning of this Ayah - the verse is about jihad, which means that Muslims should not all go out to jihad. When a group sets out for jihad another group should remain to learn the Ahkam at the hands of the Messenger (saw), so once the mujahideen returned back, those who stayed behind would teach them what they had missed of the rules of Allah in a w ay that would produce an effect on them. This is also indicated by the example of the Sahabah (ra), who were so careful to learn the Ahkam of the Deen, and to be in the company of the Messenger (saw). Some of them would set out on an expedition for jihad, and some would stay behind to learn the Ahkam of the Deen. When the mujahideen returned, those who remained would teach them the Ahkam they had missed. Therefore, it is clear from the established evidences and the correct meaning of the verse that the claim of those who said that the study of fiqh is not an individual duty is false.

The Sahabah (ra) were Arabs and the Arabic language was their (saleeqa), and they were scholars with a precise and comprehensive understanding of the Arabic tongue. They used to accompany the Messenger of Allah (saw) with the Qur’an being revealed while they were with the Messenger. The Messenger would clarify the rule of Allah in the incident before their eyes and hearing, so they were also scholars of the Shari’ah with a comprehensive understanding of it. When an incident (waqi’ah) occurred before them requiring a clarification (bayan) of the rule of Allah, they would clarify its Shari’ah rule (hukm shar’i) through elucidating their opinion that they deduced from the text of the understanding of the text (ma’qul an-nass). Often they would limit themselves to giving the rule without clarifying its evidence, thus the companions’ judgement was transmitted in the form of their opinions. This is what led some to understand that the Sahabah would give their (own) opinions in judgements. The reality is that the Sahabah would give the Shari’ah rule which they deduced from their understanding of the Shari’ah texts, but they did not (shafi’u) it with evidence or clarify the legislative reason (‘‘illah) for the rule or the evidence for the legislative reason.

This led to the speculation (eeham) that this opinion is from the Sahabah and that it is allowed for a person to give his opinion in a matter (qadhiya) as long as his mind is full of Islam and knowledgeable in Arabic.

When the periods came in which corruption (fasad) happened upon the Arabic tongue, principles of Arabic came to be taught in order to preserve the tongue. And when falsehood (tassarraba) in the narrators, and there were ahadith narrated from the Messenger which he (SAW) never said, the hadith became a specific expertise (fann) taught with its principles (usul). Therefore, deducing rules came to require knowledge of the Arabic language and Shari’ah texts such that the Shari’ah rule came to be accompanied by evidence and even the way of deduction (istidlal). Fiqh developed a new existence (takawwan) in research resulting in a specific type of arrangement in (tabweeb). With the different styles of (tabweeb) and arrangement, it became necessary to clarify the Shari’ah rule together with clarifying the rule as well as clarifying the way of deduction where the rule is one with different opinions. Islamic libraries (maktaba) were filled with hundred of thousands of fiqh writings.

However, when the kuffar succeeded in invading Muslims after the 18th century CE, they began misleading them about the Islamic sciences and made them detest fiqh books like the sophists who made people detest honey when they told them it was the excrement of flies. Islamic fiqh was placed in a bad light until Muslims turned their back on it. When Muslims turn their backs on fiqh, they turn their backs on knowing the Islamic rules thereby falling into ignorance about Allah’s deen; and this is what actually happened. It is unfortunate today that some amongst the Muslims are unaware of the Shariah rules relating to many areas of their lives especially amongst the societal issues such as the relationship between men and women, the rules of contracts and rules relating to politics. Hence it is a must to encourage Muslims to come forward to study fiqh.