| 4) Principles Of Hanafi Fiqh
The Reality Of Ilm-e-I`tibaari
The reality of this knowledge is the clarity achieved when one thing (mushab-bah) is compared to another (Mushab-bah Behe). It is not established or proved, in fact, the mushab-bah is established through another proof. This is not included or classified under majaaz, be it majaaz-e-mursal or isti`aara. The reason being that in majaaz there is some contextual factor that indicates to the inappropriateness of the Maudoo` lahu meaning, hence the ghair Maudoo` lahu meaning is taken. Whereas in this case, neither is there contextual evidence indicating to the non-application of the Maudoo` meaning, nor is the ghair Maudoo` meaning implied. This is also not classified under kinaayah, because in kinaayah, the Maudoo` meaning is not discarded, in fact, the actual import of that sentence is the Maudoo`.
Hadhrat Ibn Abbaas (radhiallahu anhu) interpreted the word (earth) in the Aayat, “Know that indeed Allaah revives the earth after its death.” This is also from Ilm-e-I`tibaari. He is not contradicting the commonly accepted interpretation that this refers to the earth proper, in fact he is making the listener aware that they must not suffice on only the superficial meaning and that they must look further, just as the earth dies and revives, so too is the condition of the hearts. This full narration is present in my Kitaab, ‘Masaailus Sulook’. It has been established from these narrations that Ilm I`tibaar is not a Bid`ah of the Sufiya. Its origin is in the nusoos. Hence those people who label those Sufiya who consider Ilm I`tibaar as zindeeq, are committing a grave error. [At-Tableegh no.12, page 228-239]
This is amongst the lataa`if, nukaat and Ta`weelaat (finer, delicate and deep interpretations). It is not Tafseer and cannot be said to be knowledge of the Qur`aan Majeed. [Ashraful Jawaab, page 314, vol. 2]
The different types of Qiyaas – Tafaawul, I’tibaar Ta’beer
Ilm I’tibaar is more honourable than Ilm-e-Ta’beer (interpretation of dreams) and the reason for its higher rank is that Ta’beer only deals with supernatural affairs whereas Ilm-e-I’tibaar centres around pure Shar’i rulings. [Bawaadirun Nawaadir, page 396, vol.2]
The Difference Between Fiqhi Qiyaas And Qiyaas-e- Tasarrufi And Their Respective Rulings
Ilm I’tibaar is to evaluate some occurrence with one’s present situation and derive lesson therefrom. When two things bear a semblance to each other then one can be compared to the other, thereby resulting in a lesson being learnt. [Badaa’i, page 241]
Fiqhi Qiyaas is where something which is not found in nass, is compared with another which is present in the nass and a common ruling is extracted.
The Qur`aanic Proof For Ilm I’tibaar
The origin of both is established from the Qur`aan Majeed. The nomenclature and name for this second type (I’tibaar) is in fact derived directly from the Qur`aan Majeed. It is stated in the Qur`aan Majeed: فا عتبروا يا الابصار This Aayat follows the incident of the expulsion of Banu Nazeer. Allaah Ta'ala is warning the readers that they should take lesson and abstain from the actions of those people who were punished, lest they fall in the same hole. This in essence is Ilm-e-I’tibaar, where two situations are compared to each other and a lesson is derived. [Bawaadirun Nawaadir, page 397, vol.2]
An Example Of Ilm-e-I’tibaar
The sufiya have interpreted the Aayat, “Go to Fir’oun, indeed he has rebelled” , as “Go, oh soul, towards your nafs and strive against it, indeed it has rebelled” The object of the Sufis is not Tafseer, their intention is to make the reader of the Qur`aan Majeed aware that the Qur`aan Majeed is not mere storytelling, in fact lessons are to learned from it. The incidents which are mentioned in the Qur`aan Majeed are actually done so with the intention of learning lessons therefrom. Allah Ta`ala says in the Qur`aan Majeed, “Indeed there is in their stories, a lesson.” therefore when you recite the Aayat regarding Hadhrat Moosa’s (alayhi salaam) confrontation with Fir’oun then you should realise and take lesson that in you also you have a (similarity to) Moosa (alayhi salaam) and a (similarity to) Fir’oun. That is, your soul is an inviter to good, which is compared to Hadhrat Moosa (alayhi salaam) and your nafs a caller towards evil, like Fir’oun. Hence you are also expected to overpower and overcome your nafs with your soul. Such lessons are learnt and derived through Ilm-e- I’tibaar. [Badaa’i, page 240]
The Proof For Ilm-e-I’tibaar (Qiyaas-e-Tasarrufi)
This question remains that does the nusoos also use Ilm-e-I`tibaar in the same way the Sufis do? I reply that, all praise to Allaah Ta'ala, such examples are to be found in the Qur`aan Majeed, and this is not from my mouth, but Shah Waliullaah (rahmatullah alayh) has also mentioned the same. Such a great sheikh had written two Ahaadith in the Kitaab, Fauzul Kabeer.
Once Nabi (sallallahu alayhi wasallam) mentioned regarding the mas`alah of taqdeer, “‘There is not anyone of you except that a place in The Fire and Jannat has been reserved for him’, The Sahaabah (radhiallahu anhum) asked, ‘O Rasulullah (sallallahu alayhi wasallam), should we not then rely on our Kitaab (taqdeer) and abandon (good) deeds?’” Nabi (sallallahu alayhi wasallam) said, “(Continue to) Do good actions, (because indeed) everything has been made easy for that which has been created for him, for him who is (destined to be) amongst the fortunate ones, good actions have been made easy for him.” Thereafter, Nabi (sallallahu alayhi wasallam) recited the following Aayat, “As for him who gives (in charity), and keeps his duty to Allaah and fears Him, And believes in Al-Husna (the best/ reward), We will make smooth for him the path of ease (goodness), But he who is greedy….”
Now one may ask: where is mention made of Taqdeer in this Aayat? The import of this Aayat is that The path to Jannat is made easy for the one who gives in charity and is pious, and Jahannum is made accessible to the one who is a miser. The answer to this is given by Shah Sahib, that Nabi (sallallahu alayhi wasallam) had by means of Ilm-e-I’tibaar, compared this Hadith to this Aayat. This similarity was meant to be demonstrated that just as some good deeds make the path of Jannat easy and other deeds make the path to Jahannum easy, similarly, through Taqdeer, good deeds are made easy for some and evil for others. This similarity is given for purposes of simplification in explaining that the easiness which is created through Taqdeer is like the easiness which is created through the execution of deeds. This dilation is done by means of comparison. Shah Sahib has, through this Hadith, proven the origin of Ilm-e- I’tibaar in the Qur`aan Majeed. [Badaa`i, page 243] Nabi (sallallahu alayhi wasallam) has used Ilm-e-I’tibaar in the Ahaadith. I am saying this on the strength of a great personality and not on my own. This is a grand claim. If anyone does not accept the statement of Shah Sahib, then I will ask him to comment and explain the Hadith. Indeed the (explanation of) knowledge of these Ahaadith, which was rendered by Shah Sahib, is acquired through a gifted knowledge, otherwise (normally) such things cannot be understood. [Ibid., page 246]
[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Thaanwi rahmatullaahi 'alaih]
» Posted by Seifeddine-M on 2nd November 2011
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