Friday, 6 April 2012

Can he give fatwas based on what he hears or reads?

If someone asks me about an Islamic issue, should I give him an answer according to what I read in Islamic books or heard on Islamic tapes or programs? Or shall I say I do not know?.

Praise be to Allaah.

If someone asks you a question and you know the ruling on it from books and tapes whose authors are trustworthy, or from a trustworthy program, then it is obligatory for you to tell them of the shar’i ruling, because if you know the ruling from the sources we have mentioned, then it is an obligation for you to tell people of the shar’i ruling if you are asked, otherwise you will be included among those who conceal knowledge. But it is good if you say “So and so said such and such in such and such a program” or “So and so said on such and such a tape” or “So and so said in such and such a book” so that you will be absolved of responsibility.  End quote.

What is the madhhab followed when answering questions submitted to the site?

To which madhahib do you adhere (Shafii,Hanbali,Hanafi,Maliki)?.

Praise be to Allaah.  

This issue covers two things: 

1 – Rulings on which there is scholarly consensus, in which case we accept that consensus and do not ignore it. 

2 – Matters concerning which the scholars differed on the ruling. Here we look at the evidence quoted for the various opinions, and we follow that which is closest to the Qur’aan and Sunnah as it appears to us, following the words of Allaah (interpretation of the meaning): 

“(And) if you differ in anything amongst yourselves, refer it to Allaah and His Messenger, if you believe in Allaah and in the Last Day”

[al-Nisa’ 4:59] 

Referring to Allaah means referring to His Book, and referring to the Messenger of Allaah (peace and blessings of Allaah be upon him) means referring to his Sunnah. 

In doing so, we seek the help of the work done by qualified, trustworthy scholars in differentiating between the various opinions and suggesting which are most likely to be correct, such as Imam al-Nawawi, Ibn ‘Abd al-Barr, Shaykh al-Islam Ibn Taymiyah, Ibn al-Qayyim, Ibn Katheer, Ibn Rajab al-‘Asqallaani, al-Shawkaani and others; and contemporary scholars such as Muhammad ‘Abd al-Rahmaan al-Mubaarakfoori, Muhammad al-Ameen al-Shanqeeti, ‘Abd al-Rahmaan al-Naasir al-Sa’di, ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz and Muhammad ibn Saalih al-‘Uthaymeen, may Allaah have mercy on them all. 

And Allaah knows best.

Shaykh al-Albaani (may Allaah have mercy on him) was a great muhaddith and a mujtahid faqeeh

A common person should follow a sheikh who he feels assured towards. This sheikh should be known for his knowledge and righteousness. I know that sheikh Al-Albany is a great scholar of hadeeth (which no one can deny) and my heart is assured towards his approach in fiqh; because he cares about following the sunnah accurately, but it seems that many people do not follow his opinions in fiqh, why? Does he have grave mistakes in terms of fiqh? Can I depend on his as my reference in fiqh?.

Praise be to Allaah.

Firstly: 

Allaah has created people of different levels in terms of understanding, and He has raised some above others with regard to knowledge and faith. Real life bears witness to that. Hence people are of varying degrees with regard to ijtihaad and taqleed.  

Shaykh Saalih al-Fawzaan (may Allaah preserve him) said: 

People fall into four categories: 

The first category is those who are able to made ijtihad in absolute terms, by referring directly to the Qur’aan and Sunnah and deriving rulings from them, and they do not follow any other scholars (taqleed). 

This is the highest status, but this only applies to the one who fulfils the known conditions of ijtihaad, by having knowledge of the Book of Allaah and the Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him), and by having knowledge of Arabic in which the Qur’aan was revealed, and by having knowledge of al-muhkam and al-mutashaabih (clear, unambiguous texts and ambiguous texts), al-naasikh wa’l-mansookh (texts which abrogate others and texts which are abrogated), al-mutlaq wa’l-muqayyad (texts with absolute meanings and texts with limited meanings), al-khaas wa’l-‘aam (texts with specific meanings and texts with general meanings). He should also have knowledge of how to derive rulings, meaning that he should be qualified. Such a person may engage in ijtihaad. This category includes people like the four imams – Abu Haneefah, Maalik, al-Shaafa’i and Ahmad – as well as Sufyaan al-Thawri and al-Awzaa’i. To these people Allaah gave the ability to engage in ijtihaad.

The second category is those who cannot engage in ijtihaad in absolute terms, but they are able to weigh up the opinions of scholars and determine which is more correct, because of their knowledge of which opinions are based on evidence and which are not. 

Such a person must follow that for which there is evidence, and shun that which goes against the evidence. This action is called tarjeeh (weighing up what is more correct) and is also known as al-ijtihaad al-madhhabi (ijtihaad based on the study of different views). 

The third category is those who cannot engage in tarjeeh. Such a person is regarded as one of the muqallideen (those who follow other scholars), but if he knows that some opinion has no supporting evidence then he does not follow it. But so long as he does not know and it is not clear to him that it is contrary to the evidence, there is nothing wrong with him imitating and following the opinions of the trustworthy scholars. 

The fourth category is the one who is unable to do any of the above; neither ijtihaad in an absolute sense nor weighing what is more correct nor following a specific madhhab, such as the ordinary Muslim, for example. 

Such a person has to ask the people of knowledge, as Allaah says (interpretation of the meaning): “So ask of those who know the Scripture, if you know not” [al-Nahl 16:43]. So he should ask the one who be believes is most trustworthy and the scholar in whom he has the greatest confidence, of those whose knowledge and actions he trusts, and follow his fatwa. 

These are the categories of people with regard to this issue. 

What a person should do is know what level he is at, and he should not put himself in a higher position than he deserves. Indeed, the matter is more serious than that. He should fear Allaah, because it is the matter of halaal and haraam, of Paradise and Hell, so he should not indulge in matters that he does not have the knowledge and skill to deal with. End quote.  

I’aanah al-Mustafeed bi Sharh Kitaab al-Tawheed. 

Secondly: 

We do not know anything of Shaykh al-Albaani (may Allaah have mercy on him) except that he was one of the prominent scholars the field of ijtihaad and fatwas. He is one of the imams of our era in this regard. His books, tapes and halaqahs bear witness to that. The imams of fatwas and ijtihaad praise his knowledge and refer to him, and quote his words as evidence. The one who says that he was a muhaddith but not a faqeeh is mistaken. Rather he was an experienced faqeeh who adhered to the rules and guidelines of knowledge. It is not known that he had his own principles on which he based his understanding of Islam, rather he followed the same path as the imams of knowledge among the righteous salaf, and his knowledge of hadeeth qualified him to base his determination of which view is more correct on the ahaadeeth which he believed to be saheeh (sound). 

The scholars of the Standing Committee for Issuing Fatwas said of Shaykh al-Albaani: 

This man is well known to us for his knowledge and virtue, his veneration of and service to the Sunnah and his support of Ahl al-Sunnah wa’l-Jamaa’ah in warning against fanaticism and blind following. His books are very useful, but like any other scholar, he is not infallible; he makes mistakes and gets things right, but we hope that in matters where he got it right he will have two rewards, and in matters where he got it wrong he will have the reward of ijtihaad, as it is proven that the Prophet (peace and blessings of Allaah be upon him) said: “When the judge issues a ruling, if he strives to work it out (ajtahada) and gets it right, he will have two rewards, and if he issues a ruling and strives to work it out but gets it wrong, he will have one reward.” Agreed upon. End quote. 

Shaykh ‘Abd al-‘Azeez ibn Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan, Shaykh ‘Abd-Allaah ibn Qa’ood. 

Fataawa al-Lajnah al-Daa’imah (12/324, 325) 

They testified that he (may Allaah have mercy on him) was one of the scholars, and that he was one of the mujtahideen. Everyone who is fair minded knows that Shaykh al-Albaani (may Allaah have mercy on him) was well versed in fiqh and ijtihaad, and we can see evidence for that in three things: 

1.

The testimony of the scholars to that effect. This has been compiled in the book Hayaat al-Albaani by Shaykh Muhammad ibn Ibraaheem al-Shaybaani (may Allaah guide him). 

2.

His well-written books of fiqh, some of which are unprecedented and without equal. It is sufficient for us to mention as an example his book Ahkaam al-Janaa’iz (the rulings on funerals), which is very well-written and is indicative of his profound understanding of the Sunnah, and is supported by his understanding of the fiqhi principles that were followed by the salaf or early generations of the ummah. We may also add to that Aadaab al-Zafaaf (wedding etiquette) and Tamaam al-Minnah fi’l-Ta’leeq ‘ala Kitaab Fiqh al-Sunnah (a commentary on Fiqh al-Sunnah). 

3.

His tapes which are widely available worldwide, of which one thousand are in circulation; those which have not yet been produced contain 5000 hours of audio material. All of these tapes are recordings of just some of his halaqahs, so how about if all of his halaqahs had been recorded!? 

Thirdly: 

Finally we should point out some important matters: 

1.

Shaykh al-Albaani (may Allaah have mercy on him) was a human being, who got things right and made mistakes. No one should believe that his words are infallible. We have not found anyone who claims this explicitly, but we find many who believe it implicitly. 

2.

It is not permissible for any follower of Shaykh al-Albaani to continue to follow the shaykh’s view if it becomes clear to him that the opinion of another scholar of virtue is stronger; rather he must follow the truth wherever it is and whoever it is with. Shaykh Muhammad ibn Saalih ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: 

What is your advice to a beginner seeker of knowledge? Should he follow one of the imams of the madhhabs, or should he not? 

He replied: 

Allaah says (interpretation of the meaning): “So ask the people of the Reminder if you do not know” [al-Anbiya’ 21:7]. If this is a new student who does not know how to weigh up the evidence, then he has no choice but to follow a scholar, whether he follows a former imam who is now deceased or a contemporary imam – one of the scholars who is still alive – and asks him, which is better. But if it becomes clear to him that this opinion is contrary to a saheeh hadeeth, he must follow the saheeh hadeeth. End quote. 

Al-‘Ilm p. 115 

3.

Shaykh al-Albaani (may Allaah have mercy on him) did not introduce anything new into Islamic rulings and he often stated that he did not say anything that had not been said before. So the one who criticizes the Shaykh by saying that he came up with odd views and fatwas should fear Allaah and those who are fanatically devoted to the Shaykh should also fear Allaah. 

4.

It is not in accordance with the methodology of Shaykh al-Albaani (may Allaah have mercy on him) – or of any of the imams –to look at the verse and hadeeth and then derive from it whatever rulings one wants! Rather the Shaykh (may Allaah have mercy on him) often complained about those who did that. He said: We were suffering from blind following (taqleed) and now we are suffering from a free-for-all! And he stated that blind following of the earlier scholars is far better than this free-for-all; rather for the ordinary Muslim, following a scholar is obligatory and this free-for-all is haraam. 

5.

The one who follows the Shaykh (may Allaah have mercy on him) has to realize that the Shaykh himself criticized blind following and enjoined seeking knowledge; he called on people to learn and said that the Muslim should follow the evidence from the Qur’aan and Sunnah. If the Shaykh (may Allaah have mercy on him) told people not to follow Abu Haneefah, Maalik, al-Shaafa’i and Ahmad blindly, he was more emphatic in telling them not to follow him blindly.  

6.

The ordinary Muslim who agrees to follow Shaykh al-Albaani (may Allaah have mercy on him), or any other scholar of the past or present, should not issue fatwas or argue with others. If the those who follow a Shaykh or scholar adhered to this, the ummah would be spared many of the bad things that we hear of here and there. 

7.

The one in whom Allaah instils love of knowledge and the ability to weigh up the evidence and to know which is more likely to be correct is not permitted to be a blind follower of Shaykh al-Albaani or anyone else. 

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) said: 

The one who has no knowledge and no ability to engage in ijtihaad must ask the scholars, because Allaah says: “So ask the people of the Reminder if you do not know” [al-Anbiya’ 21:7].Allaah does not enjoin us to ask them except for the purpose of following their opinions. This is taqleed (following). But with regard to taqleed what is forbidden is adhering to a specific madhhab by following it in all cases and believing that this is the way to Allaah, so one follows it even if it goes against the evidence. 

But the one who has the ability to work things out (ijtihaad), such as the seeker of knowledge who has an abundant share of knowledge may engage in ijtihaad on the basis of the evidence, and follow the one who he thinks is correct, or is most likely to be correct. 

As for the ordinary Muslim and the beginner seeker of knowledge, they should strive to follow the one who they think is closer to the truth, because of his abundant knowledge, strong religious commitment and piety. End quote. 

Al-‘Ilm, p. 205 

And Allaah is the Source of strength.

What is the meaning of “the text of ‘aqeedah”?

What does “the text of the ‘aqeedah (matn al-‘aqeedah)” mean?.

Praise be to Allaah.

Al-matn (text) in Arabic means the back. In Islamic terminology it refers to the contents of a book, such as the text of Saheeh al-Bukhaari or the text of Zaad al-Mustaqni’. 

The scholars usually use this word to refer to brief books that are in circulation among the scholars and seekers of knowledge in a particular field of knowledge. For example, in the case of ‘aqeedah (tenets of faith), they may say Matn al-Waasitiyyah, referring to the brief book on ‘aqeedah by Shaykh al-Islam Ibn Taymiyah, which is called al-‘Aqeedah al-Waasitiyyah. Similarly, Matn al-Tahhaawiyyah refers to a brief book on ‘aqeedah by Imam al-Tahhaawi. 

Usually what is meant by the word matn (text) is to distinguish the book from its commentary. For example they may say Matn al-Tahhaawiyyah to distinguish it from Sharh al-Tahhaawiyyah (the commentary on al-Tahhaawiyyah), which is another book in which Ibn Abi’l-‘Izz al-Hanafi commented on the original short book, al-‘Aqeedah al-Tahhaawiyyah. 

Mutoon (pl. of matn) or texts are usually short but contain many meanings and important principles of knowledge which are written about in brief terms to make it easy to memorize them and focus on issues of knowledge. Imam al-Bukhaari (may Allaah have mercy on him) said: al-Khaleel ibn Ahmad said: Words may be made brief in order to memorize them and made long in order to understand. Khalq Af’aal al-‘Ibaad, no. 244. 

And Allaah knows best.

He is asking about a hadeeth which encourages learning to read

How sound are the following Ahadeeth: "a man reading is handsome in the sight of God; so learn to read and when you have learnt, teach".

Praise be to Allaah.

Perhaps the hadeeth referred to in the question is that which was narrated by ‘Uthmaan ibn ‘Affaan (may Allaah be pleased with him), and says that the Prophet (peace and blessings of Allaah be upon him) said: “The best of you is the one who learns the Qur’aan and teaches it.” Narrated by al-Bukhaari (5027). 

There is a great deal of encouragement to learn to read Qur’aan, both in the Qur’aan and Sunnah. There is also encouragement to learn how to read. The Holy Qur’aan is the only book that the Muslims read at the beginning of Islam, so learning to read and write started with learning the Holy Qur’aan. Indeed the command to learn to read came with the first word of the Revelation that came to the Messenger of Allaah (peace and blessings of Allaah be upon him), when Allaah said (interpretation of the meaning):  

“Read! In the Name of your Lord Who has created (all that exists).

2. He has created man from a clot (a piece of thick coagulated blood).

3. Read! And your Lord is the Most Generous.

4. Who has taught (the writing) by the pen.

5. He has taught man that which he knew not”

[al-‘Alaq 96:1-5]. 

Knowledge spread and ignorance decreased as the result of learning to read and write the Qur’aan and understand its meanings. 

But if what is meant is another hadeeth in which it says that Allaah loves those who learn to read in general, then we could not find this wording in any of the books of Sunnah.

The knowledge required by one who calls people to Allaah, may He be exalted

What is the knowledge needed by the one who calls people to Allaah, and who enjoins what is good and forbids what is evil?.

Praise be to Allaah.

It is essential for the person who calls people to Allaah, and enjoins what is good and forbids what is evil to have knowledge because Allaah says (interpretation of the meaning):

“Say (O Muhammad صلى الله عليه وسلم): This is my way; I invite unto Allaah (i.e. to the Oneness of Allaah — Islamic Monotheism) with sure knowledge, I and whosoever follows me (also must invite others to Allaah, i.e. to the Oneness of Allaah — Islamic Monotheism with sure knowledge)”

[Yoosuf 12:108]. 

Knowledge is what Allaah says in His Holy Book, or what His Messenger (blessings and peace of Allaah be upon him) says in his saheeh Sunnah. So one should learn the holy Qur'aan and the Sunnah, to find out what Allaah has enjoined and what Allaah has forbidden, and to know the way in which the Messenger (blessings and peace of Allaah be upon him) called people to Allaah and denounced evil, and the way in which his Companions (may Allaah be pleased with them) called people. He can gain insight into that by studying the books of hadeeth, and paying attention to the holy Qur'aan, and studying the words of the scholars on this topic, because they discussed it in great depth and explained what is obligatory. 

The one who wants to set himself up as a caller must pay attention to this matter, so that he will have proper insight into the Book of Allaah and the Sunnah of His Messenger (blessings and peace of Allaah be upon him), so that he will put things in their right places: he will call people to good when it is appropriate, and enjoin what is good when it is appropriate, with insight and knowledge, so that he will not denounce evil in a way that is more evil than it, and so that he will not enjoin what is good in a manner that will result in an evil worse than not doing the good thing to which he is calling people. 

The point is that it is essential for him to have knowledge so that he will do things properly. End quote.

Who is a scholar (‘aalim)?

I would like to know the correct reponse to the issue of saying that the term scholar cannot be used for an islamic teacher and it should be people like shayk fawzan, shayk ubayd and so on. in short, who can be called a scholar as this issue is causing division among the salafi brothers in my country.

Praise be to Allaah.

The words ‘aalim (scholar), faqeeh and mujtahid all carry the same meaning: they refer to one who strive to reach the shar‘i ruling and who has the ability to derive shar‘i rulings from the evidence. 

This means that he has to acquire the tools (pre-requisites) of ijtihaad. No one can be described in these terms (‘aalim, mujtahid or faqeeh) except one who meets the pre-requisites of ijtihaad. 

The scholars paid attention to these pre-requisites so that the door is not open to just anyone, old or young, to say about the religion of Allah that of which he has no knowledge. 

But we will content ourselves with just two reports from which we will demonstrate what these pre-requisites are. 

-1-

The first report was narrated from al-Shawkaani (may Allah have mercy on him) and what he said may be summed up in five points, listing five pre-requisites: 

(i)

He should have knowledge of the texts of the Qur’aan and Sunnah.

This does not necessarily mean that he should have memorised the Sunnah; rather it is sufficient for him to be able to find reports in their places and be familiar with the contents of the books of Sunnah, foremost among which are the well-known compilations of the Sunnah (Saheeh al-Bukhaari, Saheeh Muslim, Sunan Abi Dawood, Sunan al-Tirmidhi, Sunan al-Nasaa’i and Sunan Ibn Maajah), and so on. 

He should also know what is saheeh (sound) and what is da‘eef (weak) in the texts of the Sunnah. 

(ii)

He should have knowledge of the issues of consensus (ijmaa‘) 

(iii)

He should be well versed in the Arabic language. 

It is not stipulated that he should have learned it by heart; rather he should be able to understand the meanings and structure of the language. 

(iv)

He should have knowledge of usool al-fiqh (basic principles of Islamic jurisprudence), including analogy (qiyaas), because usool al-fiqh is the foundation for deriving rulings. 

(v)

He should have knowledge of what abrogates and what is abrogated (al-naasikh wa’l-mansookh). 

See: Irshaad al-Fuhool, 2/297-303 

-2-

The second report was narrated from Shaykh Muhammad ibn ‘Uthaymeen (may Allah have mercy on him): 

He mentioned the pre-requisites of the mujtahid without differing greatly from what al-Shawkaani (may Allah have mercy on him) mentioned, but he put it more clearly and said: 

Ijtihaad is subject to several conditions, including the following: 

(i)                He (the mujtahid) should have knowledge of the shar‘i evidence that he needs for the purpose of ijtihaad, such as verses of the Qur’aan and hadeeths that speak of rulings.

(ii)              He should have knowledge of the matters pertaining to the soundness or weakness of hadeeths, such as the isnaad, the men in the isnaad and so on.

(iii)            He should be aware of what abrogates and what is abrogated (al-naasikh wa’l-mansookh) and issues on which there is consensus (ijmaa‘), so that he will not issue a ruling on the basis of something that has been abrogated or that is contrary to scholarly consensus.

(iv)            He should have knowledge of various matters affecting the ruling, such as reports of specific meanings, reports that set limits, and so on, so that he will not issue a ruling that is contrary to that.

(v)              He should have knowledge of the Arabic language and usool al-fiqh that has to do with verbal evidence, such as what is general and what is specific, what is absolute and what is restricted, what is mentioned in brief and what is mentioned in detail, and so on, so that his rulings will be in accordance with what is indicated by that evidence.

(vi)            He should have the ability to derive rulings from the evidence. 

End quote from al-Usool fi ‘Ilm al-Usool, p. 85, 86; Sharh (commentary thereon), p. 584-590. 

It should be pointed out that referring to the Sunnah now is much easier than it was before, because of the books that have been written on the Sunnah. 

The one who fulfils these conditions is a scholar (‘aalim) who can derive shar‘i rulings from the evidence. Anyone who does not fit this description cannot be described as a ‘aalim, faqeeh or mujtahid. 

It should also be noted that these words (‘aalim, mujtahid and faqeeh) are technical terms, as it were; according to the scholars they have specific meanings and pre-requisites. So it is not permissible to use them readily about anyone who speaks about Islamic rulings or teaches Islamic material in schools and universities, or who works in the field of da‘wah (calling people to Allah). A man may be a daa‘iyah, calling people to Allah, and putting a great deal of effort into that, without having reached the level of being a scholar (‘aalim). 

We ask Allah, may He be exalted, to teach us that which will benefit us and increase us in knowledge. 

And Allah knows best.