» 9th November 2011
5) Principles Of Hanafi Fiqh - The Discussion On Illat And Hikmat
The Discussion On Illat And Hikmat
To Extract The Illat Of A Ruling Through Ijtihaad And Then To Make It Causative Is Permissible
Just as it is permissible to extract ruling by way of Ijtihaad, is it permissible to extract an illat from the Hadith and practice thereupon. Like the ruling regarding the acts of Ibaadaat, or to make a mutlaq (general ruling) into a Muqayyid (conditional), or not to practice on the literal meaning, etc. Such Ijtihaad is also permissible. [Al-Iqtsaad Fit Taqleed Wal Ijtihaad, page 14]
Who Has The Right To Extract An Illat And On What Occasions?
Every person does not have the right to discuss illats. Only the Mujtahid has this right, and even he does not have the right to do this on just any occasion. He is only allowed to do this when the occasion arises and where there is a need to apply such a ruling. As for those acts of Ibaadat, where Ijtihaad is not occasioned, then he has no right to make Ijtihaad. This is the reason why the Fuqahaa have not discussed illats with regard to Salaat, Zakaat, fasting and Hajj. Since they are acts which are Fardh, they are clear-cut and absolute. [Anfaas `Aini, page 417]
Not Every Person Has The Right To Extract Illats
I had written to them asking what right they have in extracting illats for Shar`i rulings. If such things are done, then Halaal will no longer remain Halaal and Haraam no longer Haraam, because every person will extract an illat to suit him, be it Halaal or Haraam. If for example, someone says that the illat for the Hurmat (prohibition) of adultery is the confusion in lineage, which means that if many men fornicate with one woman and she conceives, then it will be possible that every one of those men wall lay claim to the child (claiming that his lineage applies). There is a real fear of arguments and fights which this will result in. or it is also possible that each one of them refutes fatherhood, then all this will result in great difficulty and strife for the woman and child.
And then I ask you, what if someone devises a plan for the woman not to conceive. Or a person seeks a woman who is barren, or he finds such a group of women from whom there is no fear of fighting and arguments regarding parenthood of the possible offspring. Then in all these cases, fornication will be (Allaah Ta'ala forbid!) permissible, because the illat (which was ‘extracted’) is no more present. What confusion will reign thereafter!
Will such reasoning ever make fornication Halaal? Never! [Hasnul Azeez, page 99]
It Is Not correct For Every Person To Ask The Illat Of A Ruling
If the Haakim (ruler/governor) issues an instruction, then the illat (reason) for this ruling can never be asked of him, because the Hukkaam (plural for Haakim) enjoy a status and proof is not asked of them. Therefore, when Allaah Rabbul Izzat issues a decree and the illat is asked for that, then a grave doubt regarding that person’s respect and awe for Allaah Ta'ala arises. The crux of the matter is that as a subject, to ask for the illat of the decree, is nothing other than foolish and absurd. Yes, to ask it as a learner, who desires this knowledge to further his understanding, it will be in order, but that only applies to the student of Deen.
Consider this, that when a law is proclaimed then no one asks for the illat. What a shame that the Ulama are regarded as even more contemptible than a sweeper or scavenger. The Ulama are in reality the conveyors of the Message, they do not formulate the laws. Therefore, if asking them for the illats (to the various Shar`i laws) is not plain stupidity, then what else is it?
[colour=blue]It Is Improper To Discuss The Illats Of The Various Shar`i Laws With The Masses[/color]
Hadhrat Moulana says that the discussion on illats should never be made in front of the public, in fact the codes of law should be adhered to, otherwise there is a great fear of mischief. If for example, a judge orders the punishment of a criminal, and the punishment is meted out instantly. Now this criminal cannot, in fact, it would not be proper for him to ask the illat (reason) for the prescribed punishment. If he does, then he will be chastised and told that we do not make the laws, we merely implement them, regardless of whether we are aware of the illat or not.
Is this then justice, that we blindly and readily accept the rulings of a worldly Haakim, and we will never question him, whereas we have thousands of objections to Shar`i laws. This makes it apparent that we do not hold the Shariah in as much esteem as we do worldly Haakims. [Da`wat Abdiyat, page 138, vol. 12]
The Fiqhi Ruling Regarding The Underlying Mysteries Of Rulings
It is Waajib not to adhere to these. However there are some amongst them, which are also indicated towards in the Kitaabullaah and Sunnat. In such cases, it would be permissible to accept them. If they are contrary to the Kitaabullaah and Sunnat, then it is necessary to refute them. If they neither have any effect on the Kitaabullaah and Sunnat nor are they contrary to them, then there is scope in adopting either path (i.e. one may accept or refute them). [Bawaadirun Nawaadir, page 771, vol. 2]
The Difference Between Illat And Hikmat
Nowadays there is a disease prevalent amongst the masses that they seek the illat of the rulings, and when they fail in finding any illat then they concur that the hikmat (wisdom) is the illat and they present it as an answer. Whereas the reality of the illat is: That upon which the ruling is based, and the reality of hikmat is: That which is based on the ruling.
The pinpointing of the hikmat, since it is mostly not mentioned in nass, and is extracted and deduced by Qiyaas. And there is a possibility of an innovated hikmat being of a doubtful nature, hence this would result in casting doubts in the divine laws. [Da`wat Abdiyat, page 66, vol. 19]
An illat is defined as that upon which the ruling is based and hikmat is itself based on the ruling, hence there is a noted difference between the two. [Da`wat Abdiyat, page 100,vol. 5]
The Proof Of Rulings Not Being Based On The Hikmat
1) The refutation and answer to those people who base acts of Ibaadat on innovated advantages, can be found in the praise Allaah Ta'ala lauds on Hadhrat Abu Bakr (radhiallahu anhu) when he bought Hadhrat Bilaal (radhiallahu anhu) and freed him, “And have in his mind no favour from anyone for which a reward is expected in return, Except only the desire to seek the Countenance of his Rabb, the Most High.” In this the reason for the negation and exclusion of his actions is based on the words, “seek the Countenance of his Rabb”, whereas there was also the one advantage of sympathy for fellow beings.
2) On the other hand another great harm is that if worldly advantages are found from some other avenue and Islaam is made subservient to this, i.e. Islaam is no longer looked upon with reliance and confidence, because the worldly objective then will now become the real purpose, then this will result in Islaam being ignored and people will seek out and look upon other ways, means and objectives.
3) Thirdly, these advantages which are estimates and conjectures, can very easily (be shown to be) doubtful and if they are ever (proven to be) doubtful and uncertain, then the Shar`i ruling will also be regarded as such, because they have based and regarded the ruling of the Shariah to be on this (innovated advantage).
The Mansoos Hikmat Is Also Not The Basis Of The Ruling
A ruling is not based nor dependant on its hikmat, neither is its (the rulings) existence and execution dependant on the hikmat. For example, the raml in tawaaf had a certain hikmat behind it, but this was not the basis for this ruling. [Bawaadir, page 177, vol. 2]
The Clear Distinction Between Illat And Hikmat With Examples
Together with any Shar`i ruling, if any advantage is stated, then it will either be the illat or the hikmat. The existence and nonexistence of the ruling is centred around the illat, but not around the hikmat. That is, if the hikmat has to be altered, then it will not affect the ruling. The proper understanding of this is the speciality of the Raasikheen fil Ilm. Therefore, in the ruling regarding the beard and moustache, Nabi (sallallahu alayhi wasallam) mentioned the part, “to oppose the Mushrikeen” as a hikmat, and not as an illat.
The basis of this prohibition is the altering of the natural state of man, and not (merely and only) to oppose the non-believers. The proof of this lies in the fact that in other Ahaadith where this ruling came, it appeared in general, like, “Nabi (sallallahu alayhi wasallam) has cursed the Mukhanniseen amongst the men.”
An example of this will be if some Haakim has to instruct his people not to create commotion and disorder like such and such nation (i.e. the reason for not creating disorder is to oppose that nation), and then if perchance that other nation abandons their usual trait (and come onto order and peace), does that mean that this opposition must still be in force (and now this Haakim’s people must become tumultuous and disorderly)? [Imdaadul Fataawa, page 222, vol. 4]
The Status Of The Illats Mentioned In The Qur`aan Majeed
In the Qur`aan Majeed, wherever a laam-e-ghaayat appears, it is not to show an illat, but rather a hikmat. The object is that this effect is consequential to this ruling. It does not mean that the ruling is based on this. [Anfaas `Aini, page 417, vol. 2]
The Preferred View Regarding Research Into The Underlying Mysteries Of Rulings
There is no doubt that the establishment and proof of the basis of Shar`i rulings lay in the Shar`i nusoos. Nevertheless, there is also no doubt that similarly, notwithstanding this, there are many advantages and mysteries underlying these rulings. But the foundations and essence of the rulings are not based on these. But these have the benefit that they create more reliance and comfort in the rulings. Although the Raasikheen and their likes do not require or depend on these factors, nevertheless, weaklings (like us) take comfort from them. The mysteries and benefits of the various rulings are frequently discussed by great Ulama, the likes of Imaam Ghazaali, Khattaabi, Ibn Abdus Salaam, (rahmatullah alayhim), etc. [Bawaadirun Nawaadir, page 105]
If any hikmat of a ruling is realised, then this should not be understood as being the crux of the ruling. If this is adhered to them there is no harm in studying the hikmats. [Anfaas `Aini, page 417, vol. 3]
A safe path to adopt would be to say that there are most certainly many wisdoms in the various rulings, but to be specific and list all of them, because Allaah Ta'ala has not done so, is not appropriate for us to do also. Our subservience is to the decrees of Allaah Azza Wa Jall, whether we know the underlying wisdoms or not. If there was any need to research into these, then the Sahaabah (radhiallahu anhum) were more worthy of doing it than us. [Da`wat Abdiyat, page 67-9, vol. 19]
[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Thaanwi rahmatullaahi 'alaih]
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