» 23rd November 2011
9) Principles Of Hanafi Fiqh - The Types Of Ahkaam (Rulings) Part 2
Rulings Are Based On The Greater Consideration
The Majority (Greater) Is Ruled As Being All
The rule regarding organisational rulings (which concern the public at large) is that in order to prevent and safeguard against harms, the welfare of the majority is taken into consideration. This is the meaning of the ruling given by the Fuqahaa that those acts which may lead to fitnah amongst the masses are also Makrooh for the elite (Ulama). In support of this rule, is the following Hadith, “It has been reported by Jaabir (radhiallahu anhu) that Umar came to Nabi (sallallahu alayhi wasallam) and said, ‘We hear narratives from the jews which we find strange (and interesting), what do you advise that we record them…” Because the recording of these things would be detrimental to the Imaan of the Ummat in general, hence Nabi (sallallahu alayhi wasallam) prohibited from recording them.
Hadhrat Umar (radhiallahu anhu) was intelligent and considered as amongst the elite amongst the Sahaabah (radhiallahu anhum), but even he was prohibited from recording the incidents of the Jews. This proves that any matter which would result in general mayhem and fitnah is also not permissible for the elite, unless of course it is not a matter which is necessary in the Deen.
In another narration is has been reported that Hadhrat Abdullah Ibn Mas`ood (radhiallahu anhu) used to give a lecture every Thursday. Once someone asked him if he could do this every day, and he refused saying that people would get tired and bored. It is clear that not all the people in the audience would tire of a daily lecture. The request from this person attests to this, but nonetheless, the welfare and condition of the majority was taken into consideration.
Hence, the actions of Nabi (sallallahu alayhi wasallam) and his Sahaabah (radhiallahu anhum) confirm this rule. [Ifaaraab Ashrafiyah, page 6]
The actual state of Shar`i rulings
If for example someone snatches some ground from another person
and builds a Musjid thereupon. Now the real owner lays a claim and
is successful, so the Qaadhi will rule that the snatcher return the
ground and break down his ‘musjid’. It will not be permissible to
criticise the Qaadhi for his ruling or ordering the breaking down of a
Musjid, because in reality this was not a Musjid, since it was built
on stolen ground.
Rulings in the Shariah are Based On Effects And Not Merely Causes
People look at the asbaab (causes). In reality the causes should not be looked at, rather the effects. For example, it will not be permissible to listen to the recitation of the Qur`aan Majeed or poetry when it has a peculiar effect on the heart, like if a youngster recites the Qur`aan Majeed and this has an effect on someone’s (corrupt) heart, then it cannot be said that there is no harm because it is the Qur`aan Majeed which is the cause of this. It is the effect which results in this recitation which renders such listening impermissible and the cause. [Al-Ifaadhaat, page 160, vol. 2]
The Rendering Of An Act Halaal Or Haraam Is Not Only Based On Its Benefits
1. I also say that there are benefits in alcohol and gambling. In fact, their being beneficial is also stated in nass. If their ruling was based on their benefit, then there would be no harm in their indulgence. [Ibid. page 18]
2. That beneficial action wherein there is no worldly harm, which is considered excusable in the Shariah and it has not Deeni harm, then to partake therein would be considered contrary to one’s sense of honour, like donations. [Ifaadaat Ashrafiyya, page 14]
Two Stages Of Permissibility
There are two stages of permissibility. One is merely permitted, which has no bearing or rank in the Deen, like treating an illness or abstaining therefrom.
The second is that which has some recognition in Deen and obedience and it is also recommended and it has some virtue stated in the Shariah, like Nikah. Warnings are also issued for purposely and without valid excuse abandoning them. This is ample proof of it being a part of the Deen. The fact that the Fuqahaa have written much about this and laid down regulations for it, also shows that it has the rank of Mubaah . [Bawaadirun Nawaadir, page 664, vol. 2]
There Is Wujoob In The Asl Ruling
If there is a wujoob (compulsion) in any action then (to do) its opposite would be Haraam. This is an Usooli mas`alah, and it is also logical. For example it is Haraam to oppose the order to lengthen the beard and shorten the moustache. [Imdaadul Fataawa, page 221]
The scale of amr is used to indicate wujoob, even though its implementation may not be immediate. However, this will apply if there is certainty that the ordered act is not required immediately, otherwise an amr would generally require immediate compliance. Hence when the Aayat, "O you who have believed, fear Allah as He should be feared," (3:102) was revealed, the Sahaabah (radhiallahu anhum) understood that total and full taqwa was required of them immediately. They immediately started fearing (knowing that they were incapable of full Taqwa as is worthy of Allaah Ta`ala), when the following Aayat was revealed, “Fear Allaah as you are capable of.” That is, they were to adopt Taqwa as they were able to, and then gradually increase it. Hence, this former Aayat, according to the Muhaqqiqeen is not abrogated. [Al-Hajjul Mabroor, page 166]
Regarding Present-Day, Is Permission The Asl Or Hurmat
Previously the Fatwa was that in (general) things there is permission, until and unless Hurmat (prohibition) can be proven. Now the times have become such that one should say that originally there is Hurmat in things until and unless permissibility can be shown. This fatwa should be given to save people from getting involved in Haraam, whereafter mayhem will follow. [Hasnul Azeez, page 430, vol. 4]
Is It Better To Practice On Azeemat Or Rukhsat
When both azeemat and rukhsat (concessions) are practiced in their respective and called for situations, there is equal reward. This is incorrect that some Ulama do not consider rukhsat as an asl Shar`i ruling. They also regard it as having less rewards. On occasions of rukhsat, Nabi (sallallahu alayhi wasallam) had adopted and practiced on this rukhsat, and he encouraged and instructed the Sahaabah (radhiallahu anhum) to also adopt this way. From this we understand that on occasions of rukhsat this is the asl ruling. [Anfaas, `Aini, page 364]
There is a Hadith which extols the virtue of practicing on rukhsat and there is another which prohibits it. I had deliberated on this matter for many days, and Alhamdulillaah, my mind was cleared in that all those occasions where the Shariah had allowed rukhsat, there it’s practicing is virtuous and commendable, and wherever the rukhsat has been concocted as an escape, there it is detestable, because this entails nafsaaniyat and rebellion. No doubt remainedafter this understanding came to mind. [Al-Ifaadhaat, page 421, vol.9]
Two Types Of Opting For Concessions
Nabi (sallallahu alayhi wasallam) mentioned in a Hadith that Allaah Ta`ala loves that people practice on those rukhsats which He has granted them and that they practice on the stipulated azeemats as well. Those ‘opting for concessions’ which the Fuqahaa has prohibited from are not those which are generally granted to the Ummat by the Shariah, rather they refer to those which are concocted in accordance and subservience to the nafs and base desires. [Majaalis Hakimul Ummat, page 321]
[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Thaanwi rahmatullaahi 'alaih]
» posted by Seifeddine-M on 23rd November 2011 - 0 comments