» 14th December 2011
13) Principles Of Hanafi Fiqh
Huqooqul Ibaad (Rights Of People) Precedes Huqooqullaah (Rights Of Allaah Ta'ala
Explanation Of This Rule
The Fuqahaa have stated (The right of the servants (of Allah Ta`ala) come before the rights of Allaah. The object and import of this is that the servants of Allaah Ta`ala are in need whereas Allaah Ta`ala is not. However, this does not mean that one should leave out the rights of Allaah Ta`ala and solely concentrate on the rights of people. Instead it means that wherever there is a clash between the two, then the rights of people will be granted preference. This is also a requirement of the Shariah and in itself a right of Allaah Ta'ala. Wherever there is no conflict between the two, each will have to be fulfilled accordingly. For example, what conflict can there be between Salaat and repayment of a debt? Nothing at all! One should perform his Salaat on time and also duly pay his debts. A case of conflict will be as follows, if a person has R1000 on which Zakaat is payable and he also has a debt owing to someone. In this case, Allaah Ta`ala says that he should first pay off his debt, and Zakaat will be waived.
In this scenario, the Fuqahaa say that the rights of man have preference over the right of Allaah Ta`ala. In reality this is also a right of Allaah Ta'ala, because it is in accordance to His Command. Allaah Ta`ala Himself says that we should fulfil the rights of our fellowmen. In this case we can say that one right of Allaah Ta`ala has been granted preference over another right of Allaah Ta'ala, hence there is really no conflict between Haqqullaah and Haqqulabd, but because there is apparently this conflict, hence it will be said as such.
There is also a way where this apparent preference is relinquished, based on a certain reality. This reality has been inspired into my heart by Allaah Ta`ala. In reality haqqullaah is haqqun-nafs, because those acts which are regarded as haqqullaah, are acts of obedience and Ibaadat, and it is clear that no act of man benefits or harms Allaah Azza Wa Jall. In fact whatever harm or benefit there is, will be to the person himself. Hence whatever is attached to haqqullaah insofar as benefit and harm, is not that in reality, like it will be in the case of haqqul abd, where the harm or benefit will be experienced by the person whose right is fulfilled or disregarded. In this way, it cannot be averred here that the fulfilment or non-fulfilment of haqqullaah will cause benefit or harm to Allaah Ta`ala (nauthubillaah!).
Therefore, in my opinion haqqullaah means haqqun-nafs and haqqul abd means haqqul ghair (the rights of others). In view of this discussion, the inferring (of harm and benefit) will be the same. That is, in all cases there will be a matter of harm or benefit. Hence, insofar as haqqullaah is concerned, fulfilment will result in benefit to oneself and non-fulfilment will result in harm to oneself, and fulfilment of haqqul abd will result in benefit to someone else and non-fulfilment will result harm to someone else.
Therefore, in this explanation there will be no conflict between haqqullaah and haqqul abd. Whatever objections there may be in the precept that haqqul abd precedes haqqullaah will fall on thewayside because in reality haqqullaah is haqqun-nafs and haqqul abd is haqqul ghair.
Therefore wherever haqqul abd is granted preference to haqqullaah, it is a case of haqqul ghair being granted preference to haqqun-nafs. There can be no objection to this, in fact it is a matter of giving preference. As Allaah Ta`ala says in the Qur`aan Majeed, “And they give preference (of others) over themselves, even though it may destructive to them.”
[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Thaanwi rahmatullaahi 'alaih]
» posted by Seifeddine-M on 14th December 2011 - 0 comments