Reason of Fractions

Assalaamu'alaikum wa rahmatullah

This is the continuation of my previous post about the seventy three divisions. It is crucial for brothers and sisters including myself to know about what is ijtihaad. For shari'a divine law practitioners, this matter is very important to determine their decisions in their rulings and judgements. Also important for them to decide on their religious duty when there is no evidence for certain matters related to the path. Basically, the result of a decision-making is based from opinions with some supportive articles of few basic sources of constitution. Maybe it could be compared to European Union system of decision-making and law... I am trying to make this less technical... But if it is too technical, I am so sorry as I could not avoid it... 

Ijtihad

What does ijtihaad means? Ijtihaad is the decision-making according to our divine law through two ways which are:

1. Personal effort

2. Personally made by one according to any school of jurisprudence. 

This is in opposite to the taqleed. I think that I had posted about taqleed in... I don't know previous pages maybe. Taqleed means that we would follow the decisions or the rulings of a religious expert without necessarily to examine scriptural basis or reasoning of the particular decision. Most Muslim in the world are the muqallideen (click on muqallideen to refer) or the public followers which more or less also include myself though I was once a Shari'a Islamiyya student. In order for the decision to be valid and widely accepted, it must be rooted with the basis support of the Quran and the hadiths. It does not require any established doctrine rules for the case. A mujtahid usually is an Islamic scholar who is competent to interpret the divine law through his own effort. The mujtahideen or the Islamic scholars must meet the requirements before he is competent to make his own decision in relation to the path and the way of life. 

There are differences between qualifications between the Sunnah and Shi'a Muslims as per outlined by scholars of both sides. The Shi'a Muslims as what I know have their students in hawzat 'ilmiyya where they must master the Arabic linguistic studies, jurisprudence, hadith and sunna compiled by their scholars, logic, philosophy and jurisprudence. Although I am an orthodox sunnah Muslim, but my background is more or less almost the same with those hawzat students just after I expelled myself from the Shari'a studies due to problems of faith and pressure of life as for the lack of life experience. Apa orang kata itu, saya cuma budak kanyaq berhingus saja masa itu, lol... There are many types of decision-maker for specific branches of the way of life such as economy or finance as well as there are decision-maker of both genders, males and females.  

Ijtihaad in jurisprudence basically means that the understanding of the way of life was started by companions of Muhammad s.a.w until the period of followers and the following scholars known as the mutaqaddimeen. Those scholars always mentioned that the opinions of their ijtihaad are based on their dzhann or assumption. They were not final and could be followed if they are in accordance to the two basic sources of the way of life which are the Quran and the Sunna. Imam al-Shafi'ie may the God be pleased with him had once said that if the hadith is valid, then it is my school. 

Fractions due to Ijtihaad

Now the question is whether the fractions in our path is because of these opinions by different early scholars? Scholar for e.g Abdul Malik Karim Amrullah through his observation says that fractions does not happen due to these few ijtihaads. It happens when the result of a certain ijtihaad is gripped with so much confidence by followers. Thus, schools rise out of these confidence on certain ijtihaad and everyone claims that their group or faction is the righteous one. Sometimes, it happens that the opinion of a mujtaheed when being thoroughly researches has a different meaning from a valid hadith. But the valid hadith is not followed by people because they still are confident with a particular opinion of their imam or scholars. When this happens, there are also fractions in the divine path...

The four orthodox sunna imams never were in conflict among each other. They actually respect each other and their opinions. They are tolerant toward each other. However, the followers of the next generations had made their opinions as if their opinions are of different path and religion. The same thing also happened to Shia Muslims. It worsen until there are questions such as whether a Hanbali Muslim man could marry a Shafi'ie Muslim lady? Whether a Shafi'ie Muslim man could marry a Hanafi Muslim lady? Or whether a Sunna Orthodox Muslim man could marry a Shi'a Muslim lady? While many people thought that Islam is only Islam. Why it becomes like this???! May the God forgives us. 

In the Holy Mecca itself as what I also heard from my elders, since hundred of years, there were four imams taking turns in conducting the congregations of different schools of jurisprudence for daily prayer services. Only because the followers of the schools did not want to follow imams from different school of jurisprudence. There was also a story told by elders that the followers of Hanafi school of jurisprudence stayed idle when the imam of other schools conducting the prayer and only praying when the imam of their school conducting the prayers who usually would be the last one in the turns. The reason they do not want to follow other imams during the congregational services is due to furu' or differences in branches of practices in a particular ritual. Only in 1925, when the Ben Sa'ud conquered the nowadays Saudi Arabia that daily prayer services are conducted only once for each time. The same thing also happened to the Sunna and Shi'a sides where everyone would try to avoid performing prayer services in each other mosques... 

Comparison with Non-Muslims

When I heard or see all of these matters, I feel quite weird because the Christians are also divided into hundreds of sects. The popular ones that I know are the Roman Catholic and those in communion with the Western Roman papacy, the independent Oriental Orthodox churches, Protestant churches and so on... I guess the same thing also to the Children of Israel where there are Orthodox Rabbinical Authority for Orthodox Jews, Reformed Judaism, Karaite Judaism and etc. Also among the Hindus, where some Vaishnava refuse to perform worship in Saivite temples due to differences... I visited also the Bengal Vaisnava temple in Penang Island just few blocks in opposite of the Bengal Tabligh Mosque when I was studying in Penang Island. Christians would refuse to perform sacrament in different churches and they would have to be baptized again if they are converting to other sect. The same thing too with Judaism where one needs to be baptized by the Rabbinical Authority to be recognized as an Orthodox Jew and to perform worship and rituals according to mainstream Orthodox Judaism. 

Our World Today

Today I could also see the same thing happens among Muslims especially of Sunna and Shi'a sides... Some of the Muslims of these sides keep stamping each other as kafirs or infidels and refusing to pray in each other mosques. If they are praying there, they would be seen with suspicion by the majority congregation members. People of these different sides and groups keep killing each other and bombing each other mosques. Are we now fully reaching the threat of noble prophet Muhammad s.a.w? The clogs' trail would follow the clogs' trail? Where the schools and sects becoming like a different religion? Are we going to deny ourselves or to trying our best to prevent this from happening? How are we going to do and what is the method to avoid this?

The hadith narrated by Abdullah bin 'Amr al-'As is not explaining the destiny that must be followed by people! It warns us to avoid from the situation! To protect ourselves from this situation, we must follow the primary basis of the path which is the glorious Quran, the wisdom of Muhammad s.a.w through his Sunna and through the practices of his companions and early righteous disciples. It also refers to the manner of da'awa... Only those who have the Quran shining through his heart would be the "authentic" practitioners of da'awa...

Sealed with prayers for mercy, peace and love, amin!

Study the "Shari'a" and Sunnah for Life

Assalaamu'alaikum wa rahmatullah

My cousin brother in-law, Suffiyan had just arrived at our house with maternal cousin sister, Naysa to attend their daughter's convocation ceremony. I am not sure where it is but I am proud to know that the girl is going to further her undergraduate studies in the United Kingdom (UK). She is a wonderful, diligent and quite a polite girl. They drive all the way from Perlis. I am sure it is a tiring journey. She said that she had a hard time studying technical courses for her diploma and her hairs fallen down which is scary for her. The same thing goes to her mother, Naysa. She studies for an undergraduate certificate in education methodology back there in Perlis at her 40s. She said she was deceived when she listens to her friends and she repents. She hates studying in the university, haha. I understood them. I am still in the torturing period of releasing myself from this post-graduate studies. I get some ideas to finish up the thesis from Azren. He came to see me and handing me his copy of thesis as a guide. We discussed a little. Thanks Azren only Allah blesses You for helping me while you are busy with your job and life.  

Regret for People's View

Brother Suffiyan managed to get to know me a little during the Friday prayer service and during Night prayer sessions in Zainal Abiddin Mosque. He is around his 40s and he just opened a fish farm. He works for himself as a fish dealer in the village. For Maghreb, my mother had suggested us to pray with brother Suffiyan there since he had never been to the metal mosque. Usually I would just pray at musallas closer to our neighborhood. If I have enough time I could walk to all three out of four musallas here which is counted as an act of ziyarat. My "real" life is quite hidden even to my own family members. As for cousins, for sure they too do not really know me well and I usually would never show my face to people around. We just arrived late at the mosque since there are many traffic lights and junctions to go through.

While in the car we just talked about how sorry our life is when we leave behind our "religion". We would rather choosing the "world" and misguided with the notions that it is the goal. Bro. Suffiyan said that last time he also thought that sending his children to madrasah would make them suffer and living like a beggar in the future. But it was in the contrary as he had seen many religious teachers who established humble madrasas could live happily without having to face anxiety. He regret it but it is already fated by Allah so we could just repair ourselves and get prepared to see Him. My mother said that I should also finished my studies in Shari'a stream and perhaps she should not put me in the religious school in Selangor which had caused me troubles but maybe shifting me to another private madrasah under reliable and specific teachers to guide me. She was busy paying attention to all of her children so she could not properly see what is my tendency, ability and the problems that I had to face while I was the only teenage boy at home. I know she loves me and she had tried all she can but this is also fated by Allah. I would never blame her nor anyone. I was also an immature young teenage. Anyone to be blamed is only myself. Not my mother nor anyone. For now I am actually memorizing, doing exercises with all of my Shari'a kitabs and trying to memorize the Quran while understanding it. When I face problems in these "studies" I would get the assistance of the authority of the kitabs and references. So, brothers and sisters. Don't only study in the website but please at least have some effort to see specific teachers. For ladies, please see female teachers so they could teach and assist you with jurisprudence for ladies. Be respectful to Shari'a field and its teachers just like we respect teachers from other fields.

Last few days, I recalled that I watched a program in Astro channel which I barely could remember its name and the channel name because there are currently two channels for Islamic information. The program featured Ustad Abu Hassan Din who talked about contemporary issues in our society. The issue is about Fardh al-Kifaya and Fardh al-'Ayin and how we differentiate them based on their importance.

Definitions of Fardhu al-'Ayin and Fardhu al-Kifaya

There are from what I understood as I had listened about these since I was a young child. Of course we learned about these and not simply appearing in our mind like from "no where". We perhaps forgotten about these and when we clear our mind only it comes out, hehe. 

Fardhu al'Ayin refers to individual tasks or responsibility. They are mostly related to our acts of worship and daily discipline of life. As a Muslim, we must have knowledge about these and we must perform these. It is an obligatory individual responsibility. If one leaves them, he is sinful according to the jurisprudence terms and jurisprudence refers to our structures of path based from the basis of Quran and Sunnah. Examples of these responsibilities are the salat services, tithe for the eight eligible receivers or seeking the knowledge as in general. So, basically it is something which is related to the obligation of every Muslim both male and female. 

Fardhu al-Kifaya refers to the obligation or a responsibility of some part of society in order to protect the interest of society. The whole of society will be sinful if nobody performs it or everyone neglecting it. What are the examples? It is divided into two types of field. Firstly, it is related to the earthly studies and jobs for example those related to living skills such as technology, medicinal knowledge or medical, business, management, administration, politics, financial, engineering and others. Secondly, it is related to heavenly one which is the studies and jobs related to the Quran, the Sunnah and the Shari'a. 

Framing the Issue

It looks like my European policy thesis now, hehe. In the program that I watched. It shows a conversation of three fathers who are discussing about their children future after their children finished their primary school period. One of them had said that one of a friend in their neighborhood is deciding to send his son to a seminary to memorize the Quran in Kedah state. They commented that the boy is pitiful to have such a backward father and they laughed. They said that the boy has no "certificate" and how could he find job to survive in this "modern" world? Then, one of those fathers interfered saying that what is so weird with the father's measure? He mentions about Fardhu al-Kifaya and Fardhu al-'Ayin and mentions that memorizing Quran is also a Fardhu al-Kifayah while most people only talk about having degrees in fields such as technology, nuclear, petro-bomb and etc. He said to those two laughing fathers: "You two who laughed to others if people asked you to be a praying leader in masjid when nobody could hold the position would be sweating hardly and you just recite simple surats". He further said: "What is wrong with memorizing Quran and having no "certificate" as in the form of paper? It is all about the mental image!" 

Jobs related to Shari'a: Quran and Sunnah traditionally was conducted by "poor" people because they are not supposed to ask for "material" gifts and live only according to moderate way of life. The job is not so popular in its name nor glamorous like the earthly ones. It is only known as the da'awa job. 

When I was studying in Shari'a streams, we as the students in the class were looked down upon by people who studied the earthly matters until many of us ran to secular studies, losing our faith in our own religion and not even finishing our Thanawi level and leaving behind our gateways to Higher Religious Council papers while it is our responsibility.  Those "knowledge" is actually still lingering within us though we're tested by Allah but we just never show it up to people other than we feel low-self esteem.

Nowadays, I feel quite funny when I saw some students in Islamic movements whether those recognized by the Islamic Center or those transnational movements' members talking about religious issues. Or perhaps wearing the turban with "tail" as it is "sunnah". I will explain what is the meaning of this statement later. It is not because I am a "secular" type of person but it is because I left the responsibility since the "studies" is looked down after the introduction of government policies in 1990s and we were the victims of political rantings among those politicians. When I asked those students (except brother Zaidi), they answered me they were almost being sent to this "religious school" or that "religious school" but it ends up they are in schools such as Maktab Rendah Sains Mara or Primary Science Institute because it is more promising in their future and it was their dreams, hehe. They still can be the da'ie by studying in circles around but Shari'a and jurisprudence is not like we snap our fingers. 

Say that I studied religion since my kindergarten time until I finished my high school, then I just started to study science or technology studies for example modern medical or engineering and start to learn explanations for complicated formulas when I am quite old because I begin to realize that religious studies is no more relevant in the future and I could only survive with "atomic" formula. Can I speak like a specific teacher in "Science"?  It is not wrong to talk about certain issues in Islam but there are also some high issues which could not be discussed by lay men among lay men because it will raise up debates among ignorants.

I just wanted everyone to know, what is our feeling as Shari'a students and I am also representing those non-recognized students in private madrasas in our state who studied Shari'a Islamiah. We had to sacrifice our "future". When we were "cast" into the Shari'a stream, it means that we are fated to hold the obligation by Allah but what happens to some of us who were punished by politicians and society perceptions around? Actually I still can survive living in the village and grating coconut like what the "leader" said to us in his speech broadcasted in the radio around 2001. I have my "religion" to guide me to a happy, less-stressful and peaceful life. Grating coconut is not a bad idea yet I can open up home stay and promote tourism in the village or selling the coconut milk in market while in I have many times to study kitabs, hehe. Those who live in the "modern" world facing fears for survival, having to pay bills, facing higher goods prices with limited salary, fear to be sacked especially nowadays the economy is flopping and so on. The world is also a temporary place for us and it is not our goal. We will have to die and "religion" is only for those who is living. What can we study after we die? hahaha...

Though many people including those in the Middle East are impressed to that 'old leader" but I would have to say sorry and having to disagree! I studied Political Science and International Relation though I was a Shari'a student. I had also experience being a Buddhist in certain points of my life in terms that I practiced Buddhism. The notion of Shari'a students are not at par with students in "Universities" is not practical anymore. I am a Shari'a student and I will continue my studies that I had stopped after I am finished with this thesis, Insha Allah. I had tried to study it again when I was 19 years old by taking the related papers for Shari'a in A-Level. Just after I returned from pilgrimage in Holy Mecca, I drew out from proper school and registered for A-Level with Shari'a papers at the Education Office in Jalan Semarak. But Allah had arranged me until this stage. I don't know how many fellow Shari'a stream students who turned to be like me but I believe many of us are in "secular" streams as the result of what happened in 1990s. One of my maternal nephew who studied with me in the early madrasah that I was sent is a plumber. If you people stumbled here please share your experience. I could also learn from your experiences besides with those who remained in the stream. Everything is in His boundless wisdom.     

Conclusion

Brothers and sisters who are blessed by Allah Azza wa Jalla. I am calling myself and also you who accidentally coming by as a fellow Muslim. If you love your children, start educate them with Quran and train them to memorize the glorious Quran. Then teach them with Nawawi Hadiths compilation as a basis for them because each hadith of the compilation is gravely useful for them to survive and enough for them to practice. No need for traditional memorization but only teach them in point forms including with the sources of narration. Important thing is on how it is being "nurtured" in their "heart" because it would shine out in their daily acts.     

Regarding young ustad like Ustad Don Danial Biyajid, I am proud to know that there are young educators like him as an example for others and he speaks English well. I had discussed with Azren and he loves the way on how the ustad taught people because we also talked about approaches of da'awa and its presentation to people around. I just used other term when talking with Azren but it is still referring da'awa. Those students from da'awa groups in my university are not really speaking in English. Maybe they thought that I am pretending not to speak Malay with them but I speak and think in "few languages" in real life. Some of those kids who speak in Kedah Malay, I still talked with them in "Hybrid Kedah Malay" because I am fluent in it as compared to "normal" Malay spoken in our capital. What is wrong speaking in English as a medium of da'awa? I am also starting to speak in Arabic again after I completed my fathers' lineage from 17th century down to now and tracing our clan name. Last time Arabic was only my written language and I love the language. 

I end up this post with a short Quranic verse meaning on what Allah says related to the da'awa works:

"And the people who works hard in Our courses, indeed We will lead them into Our ways and indeed God is with the good doers" (Surat al-'Ankabut verse 69). 

Allah will surely grant these people with happiness, His pleasure and assistance when they try to perform acts of charity. About the turban with tail, it actually refers to a faqih. I saw member in movement for example in Tabligh Jama'at lay men karkuns who wear the turban. Yea, it is a "Sunnah" but based from our understanding as "Shari'a" people and those of mission circle lineages. If you wear the "turban with tail" it shows that people can consult anything related to "jurisprudence" and "religion-life" from you or in the other word you are a faqih, hehe. It is not only Sunnah but it is also with significance. We can wear that and practicing the specific "Sunnah" but only until we reach certain level. That is why I am only wearing the skull cap and not turban. I am not trying to put people down. I believe that it is a good thing to practice Sunnah but we should also know their significance. It is not only about appearance and how we look like. People are taking religion easily and taking it at the "surface" because it is not respected by our own people : )

Sealed with prayers for mercy, peace and love, amin! 

Pilgrimage Lesson: Conditions for Hajj Pilgrimage

Assalaamu'alaikum wa rahmatullah

Early this morning I just want to reflect in the conditions for pilgrimage. Brothers and sisters, I am sure everyone know pilgrimage to holy Mecca is one of the pillars of Islam. We must learn about this all of our life because it is a necessity for us. It is a mirror of the life of patriarch Ibrahim a.s and his son Isma'el a.s with our mother Hagar. 

For pilgrimage, we have two kinds of it. The first one is Hajj which is the major pilgrimage usually according to season and specifically in the month of Zulhijjah while the lesser one is known as 'Umrah which could be performed at any time of the year or together with Hajj.

What are Conditions for Hajj?

According to Hanbali Madzhab there are about seven conditions to perform Hajj with one addition for ladies. They are:

1. One must be a Muslim

A non-Muslim should not enter the area of Mecca and Medina. The testimony of faith with its complete condition is a pre-condition to be a Muslim. 

2. Maturity

A child who performs hajj will transfer the blessings to his parents as the efforts come from his parents that makes him perform the pilgrimage. When he reached his puberty, he must perform it again. His pilgrimage when he was a little kid is accepted but it was not sufficient because the blessings are for his parents. 

3. Sanity

One must be sane in order to perform the pilgrimage. If one is insane, it is not an obligation for him to continue with the pilgrimage.

4. Freedom

A man must be free from slavery to perform the pilgrimage.

5. Healthy

A person who is sick, bed-ridden and not well are not obliged to perform pilgrimage.

6. Financially supported for food and shelter

A person who perform pilgrimage needs money as a tool for plane ticket, food and accommodation. Also for plane and bus ticket to go to the places in order to perform the pilgrimage.

7. Perform Hajj on behalf of the old, sick and the dead

For these people, it is permissible for a person who had already performed pilgrimage for himself to perform it again for others who are in old, sick and already passed away. This condition is agreed by all four honorable imams. It is illegal or haram to perform hajj for others while one is still not performing it for himself. Some people also are taking the burden to perform hajj for others because they are paid specifically for this. No evidence in the Quran and Sunnah saying that it is haram. According to Shariah, everything is halal unless if it is proven haram. Principle of jurisprudence says that everything which leads to haram is haram. So, when I saw an Indian Muslim or Mamak in Penang sneezing in my fried noodle before he give it to me at a restaurant I did not take the noodle as it is haram and I might be infected with diseases for example meningitis. It is according to this principle so please avoid lower estimate us as unorthodox when our method of performing da'awa is unorthodox or not according to movements. Another example is when there is a necessity for one to take 'pork' because there is only pork to be consumed and other food is not there (I am not saying it as halal!!!), if one trying to avoid it and he dies, he will be counted as committing suicide.

8. Mahram to assist a woman to perform hajj

A woman need a mahram or a male company for her which is from her family member such as her younger brother, father, uncle, older brother, nephew, and etc. Mahram means a person who is forbidden to marry a woman because of family ties. Hajj of a group of women is accepted. Hajj performed by a woman is also accepted but she had violated this condition. 

Wishing
    

I wish my brother and friend, Azren a safe journey for 'umrah in holy Mecca. He will be departing at 15:00 today. I can't wait to listen to his experience too. Pilgrimage to Mecca is always in my heart although I had also committed errors because I was ignorant. Life experience is a good teacher too. I would like to thank the Lord for helping me going through the life sometimes I feel so weak and crying always to Him as I feel myself as a useless man. I wanted to establish relationship with society but for now I guess it is not the time yet. Every thing has its 'time', so do myself. Urm, I am also registering again to perform the Hajj pilgrimage simply to clear my sins of ignorance. Now I am also learning about it again and trying to pay the sentence. Already save a little for this and hoping to fine a suitable job just for me to get tool to work for Him. Urm other than that if the reader is a Shafi'ie madzhab follower, please check it with your school of jurisprudence. If you're from Hanafi madzhab also please check it with your teachers on the conditions.

Sealed with prayers for mercy, peace, and love amin!   

Guidelines for a Muqallid

Assalaamu'alaikum wa rahmatullah

The God the Most Highest ordered: "Ask the knowledgeable people if you don't know." And the people of remembrance or people of knowledge are those who are followed. Whereas the muqallid is not a person of knowledge so he becomes a follower of someone else.

This is what makes me feel not comfortable when people walking behind me or praying behind me and making me an imam though only for a salat service, hehe. I am just a muqallid and my imam also does not like people to walk behind him. I am taking his example on how I behave as a mean to respect my imam as I read everything about all imams and their characters.

Ibnu Abdul Barr (d.463) and others mentioned: "The people are united in the ijma' that the muqallid is not counted as being from the people of knowledge. The knowledge is the realization of guidance along with its proof."   

Ibnu Qayyim mentions: "And it is as Abu Umar bin Abdul Barr said - Indeed the people do not differ about the fact that knowledge is the realization attained from proof but without proof, it only becomes a taqleed."

Sayings on the Permissibility of Issuing the Fatawa Based upon Taqleed

Ibnu Qayyim stated that there are three sayings about this:

I. It isn't permissible to issue a fatawa or guidelines based upon taqleed since it is not in category of knowledge. Issuing a fatawa without a knowledge about particular field, issue, and sciences of divine law is forbidden and haram! So, based from this, people could judge on the level of knowledge possessed by 'clerics' in Pakistan, Bangladesh or India's rural village when they issued ridiculous fatawas or guidelines like poking people's eyes, raping women for crime committed by men and etc which Western medias always put into highlight when talking about Shari'a Islamiah or the Way of Nature. This one is from the saying by most of Hanbali scholars and majority of Shafi'ie scholars.

II. It is permissible for a cleric to issue guidelines with regards to himself, but it is not permissible to issue fatawa to others based upon taqleed.

III. It is permissible to issue fatawa based upon taqleed when there is a need for it and when there is no mujtahid scholar. Mujtahid scholar refers to scholars who do researches based on his knowledge on particular sciences of the path. This is the most correct of the sayings and is what is acted upon. 

Sheikh Albanee says that hadith is a proof in itself after mentioning the statements of the imams on taqleed as found in the introduction of "The Prophet's Prayer Described" where it has a heading "Taqleed for whoever Can't Search for the Evidence for Himself" in page 94.

Some may question: "Not all of the people are able to be the people of knowledge as what has been explained." The answer of Hanbali scholars is yes, indeed. Nobody has any doubt on this fact but Allah has mentioned in Surah an-Nahl verse 63: "So ask the people of knowledge if you don't know!" The same verse also appears in Surah al-Furqan verse 59.

Prophet Muhammad s.a.w mentions: "For those who issued fatawa without knowledge, why don't they ask if they don't know? The cure for those in confusion is to ask!" However, the scholars did not mention all of the above evidence to show who is eligible or not eligible to be a scholar. Their research is with regards to those who are considered to be the people of knowledge in their society. Taqleed is upon the common person and ignorant one. Scholars who can and able to search for the evidence are excluded from being a muqallid. The responsibility of a scholar is not to do taqleed because their responsibility is to perform ijitihad.   

The saying of Ibnu Abdul Barr explains further that: "All the rules are for common folk, they are those who have to perform taqleed on their scholars whenever necessary. They are incapable to understand or comprehend evidence or sciences. Sciences has grades where one cannot attain the top most grade unless if he goes up through the basis. Scholars don't differ in the matter of common folk having to follow their scholars."

Sheikh Muhammad Uthaimeen who wrote the article believes that it is not correct to generalize common folk by saying that all of them must perform taqleed. Taqleed only happens when a person follows a scholar if he has no access to evidence or could not search for the evidence. Many people are smart enough as they could clearly understand evidence if it is presented to them. For example, we can't deny that a common person could also understand evidence contained in the hadith: "Tayammum is one strike (of the hands on the dust) for the face and hands". People who are lacking of intelligence could also understand the hadith.

The conclusion from the article is that, taqleed is allowed for who ever that could not search for or understand the evidence from sciences of the path. Ibnu Qayyim also hold this opinion. In certain times, scholars would also have to depend on taqleed where they could not find any document and text from the sunnah except which came from the knowledgeable scholars.

The God knows more than His creatures...

Sealed with prayers for mercy, peace, and love, amin!

Maqasid Shariah: Definitions

Assalaamu'alaikum wa rahmatullah

Pao Gong, a justice figure of China's Song dynasty who serves the court during the reign of emperor Renzong

Once again we are in Yom al-Jumu'ah which is the day we congregate together as brothers and sisters. The sermon delivered in the masjid today is once again about Shariah Islamiah. After my first part thesis being rejected over and over and considering that I have to do it once again after few times struggling, I think that I hate human idealism. This human idealism that I am studying is making me far from my Beloved One!!! 

I regret that I could only get C in my Shariah paper recognition for STPM (A-Level). I just learned it in a framed one year after returning from pilgrimage in holy Mecca where I've got His guidance while it needs me two years for basic understanding. Last time, I had escaped Thanawi papers because I didn't believe in Islam as I had misunderstanding regarding society and the religion though I know about basic principles and memorized things. I learned both Islamic studies and Hindu-Buddhism sastras in the same time but I just practiced Buddhism rituals while I was alone. If I could not be a Qadhi in the future, perhaps I could still be a transmitter of Shariah sciences as apart of my Qurbana (sacrifice) for Him. It's not for myself but only for Him. It's all my fault because I was not patient. Please forgive me dear Good Lord, please don't hate me : (

Coincidentally, the sermon today also talked about the weaknesses of human idealism as compared to Revelation from the God according to our nature. I lament it in myself while returning to my room because I am not a believer of Western idealism nor feeling amazed at their values. I can't even use anything from Revelation in my research which could harmonize and purify, at least my own mind if not useful for others.

Let us continue on few other definitions of maqasid shariah...

Definitions of Maqasid Shariah

Contemporary scholars such as al-Imam al-Shatibi who is synonymous with maqasid science never provide specific definitions for the term maqasid shariah or objective of the way. It is because he thought that everyone understood the concept and the term itself.  

Definition of Ibnu Ashoor for Maqasid 

Ibnu Ashoor has defined maqasid as: "referring to every understanding which could be seen at legislation that had been provided through Revelation as a whole as parts of it." It means that maqasid does not really defined with the specific meaning of observation for the legislation. It refers to these examples such as bringing benefits, rejecting evil and crimes, and there lies the concept of equality among human-being in every prescription of the legislation in the Way.

Ibnu Ashoor had divided maqasid into general maqasid and specific maqasid...

i. General Maqasid

It has been seen in obligatory legislation which generally involves individual.

ii. Specific Maqasid 

It refers to methods used in Shariah to brings public necessities into realization through individuals' acts. For example, the legislation on the act of recording debt negotiations in financial area.

Definition of Maqasid by I'lal al-Fasi

He defines maqasid as: "The goal of Shariah and the secrets of the legislation for every judgement in Islam." Al-Fasi has also divided this into two which are the general and specific objectives. The general objective refers to the goal of Shariah while the specific objective is referring to the secrets of the legislation.

The definition however was criticized by Dr. Iwad bin Muhammad al-Qarni. He criticizes that the definition by saying that the usage of the word "secret" is not suitable because the word does not representing maqasid in an absolute way. Sometimes secret could be an objective while in certain times secrets are not objectives for something.  

Definition by Ahmad al-Raysuni

Maqasid refers to goals of the Way which everyone is striving to achieve for the benefit of human nations. Al-Raysuni had divided objectives more discreetly compared to the above definition setters. He divided it into three which are the general objective, specific objective, and branches objective.

i. General Objective

Objective which is taken into account through the light of the Way in order to decide on all or the majority of legislation of Shariah. For example, the concept of al-Musawah (equality) which exists in all of the Shariah legislation.

ii. Specific Objective

It has been taken into account by the Way in order to decide on something or few groups of specific legislation. For example, legislation related to family and matrimonial.

iii. Branches Objective

It is taken into account by the Way in order to decide over specific legislation such as the legislation decision on matrimonial as a tradition. 

Further Discussion on Definitions

What had been discussed in the science of the origin of jurisprudence and the objective science is concerning the general objective. Specific objective became the topic of discussion by the legislators and jurists of the Way (Shariah).

Among those definitions proposed by scholars, al-Raysuni's one is considered as compact, precise, and covering over the concept of maqasid (objective) after being analyzed by today's scholars.

Conclusion of Definition

Maqasid (objective) of Shariah are the goals which is deemed by the Shariah to be achieved for the benefit of human civilization and society. 

Sealed with prayers for mercy, peace, and love, amin!

Maqasid Shariah : The Objective of Shariah

Assalaamu'alaikum wa rahmatullah

A very good and blessed Friday. We recite salawat to our beloved and noble prophet Muhammad s.a.w, the messenger and the servant of the God. Friday sermon delivered by Ustad Zayd Zahari in Islamic Center today is quite interesting. Besides I love to listen to Ustad Zayd Quranic recitation. I wanted to talk with him but I don't know, I feel shy. Macam budak-budak pulak, hahaha...

He talked about this matter called as maqasid shar'iyyah. I have no time to email to ustad Zayd but I wish to have a copy of the sermon that he delivered. It is very good in order to clarify what is shariah to some brick-head people who just lazy to read books about Islam written by a believer Muslim. Of course a believer Muslim is a Muslim who understand his religion and not because he follow anyone like his dad, his mum, his elders and people around. I don't care about non-Muslim view about this but first we Muslim ourselves must be clear on what is actually shariah? When we talk about shariah, we have this image in our mind about punishment to people or crime and some people would take this as something which could be attacked sesuka hati tuk nyang depa! I would write anything that I could still remember. My head is now so full, mannnnn!

My Opinion Before We Begin

Islam is a message of the God to the universe and it actually had began since the time of sage Adam a.s was taught with nouns. Who is sage Adam a.s? He is the forefather of all human-being who possess mind, emotion, feeling and being granted with civilization. So, human religion does not begin since Moses a.s or Jesus a.s or Muhammad s.a.w. I sometimes feel weird when looking at some non-Muslims' way of thinking, I don't know whether they are Christians or not but because we don't simply judge people by their religion but they keep talking in inconsistencies. I believe these kind of people are Western Protestant Christian pastors. I don't even hate any Jew or Christian and I found that many Western Christians especially those rednecks living in farms are quite hater to others and ignorant! I made friend with other Asian Christians especially of Catholicism and some Middle East Christians of Orthodox patriarchal lines. We do not hate each other and hating-racist culture or ideas come from the West. I always support my Christian friends especially those devout ones. Stop spreading those diseases from the West to Asia! 

Sometimes they talk about Arabs or Muslims (as Islam is the same entity of Arab like what they perceive to Christianity as their 'daddy's' handmade) trying to dominate the world, then later when we tell them that there are 100% Bedouin Arabs of Ghassan branch who are of Byzantine Orthodox Church under the Roman empire or Lakhmid Arabs who still exist under Nestorian churches since before the rise of Muhammad s.a.w, they would say they are glad that there are Arabs who resists the pressure of Islam. They would try to do all sort of thing for Muslim to leave their religion. When they leave their religion what those people who suggest apostacy can give to them? Mountain of gold? Food for the people who leave their religion until they die? Saving them from torments in hereafter if it is a common belief in other religion about hereafter? If he can help others, can he show people that he could also save himself from torments and sufferings? If zillions of people become apostates of their religion and choosing your religion because you offer them something, will you be able to cater everyone with their needs as the "change" for their "faith"? What for quantities if people who claim themselves in documents or just because being offered by something are not sincere because of the God but because of their belly, their desire, their comfort. In the end, the real god for them are their belly, their desire, their comfort, etc...

Don't they read the Judaism 13 articles of faith concluded by Musa bin Maimun which is a Judaism teacher about the path that the God teach human-being never change? Sure they don't read it because they are Christians who zealously "following" the Christ and that is what they are called as... Christians... Later they call us Muslims as Mohamedans like our concept of how we view the God is the same like them. Our God is not Muhammad s.a.w... Muhammad s.a.w is a sage, a teacher, a messenger of the God like his brothers in soul such as Moses, like Jesus a.s, like Noah a.s, like Abraham a.s. We worship only the God...! We do not need Trinity nor anything taught by Church Fathers with the regard on dogma and creed and we don't need those teachings in Protestantism or Catholicism which has been around longer than Protestantism to have faith in Jesus Christ. We believe and have faith in Jesus a.s and those who are mentioned by the God in glorious Quran. We love all of prophets and messengers of the God no matter Muhammad s.a.w, Moses a.s, Jesus a.s, Noah a.s, Abraham a.s, Ismael a.s, Isaac a.s all equally. We have our own sciences about the creed and faith and we have our own scholars.

I memorized the articles of Jew faith perfectly in both Hebrew and Arabic and one of it says that : "the God will never exchange or alter His law for any other for all eternity."

Is it hard to understand that celestial revelation does not come in certain period or being known to the person who transmit it in this sense like Western understanding when they call Muslims as Mohammedans or Christians for those who follow the teachings which flows from Jesus Christ. Revelation as a sign of His Mercy toward the universe will descend each time when human-being fallen into the darkness or human-being simply love to play ignorant? Why when you (Western Christians) talk, you have to use religion as the shield to protect your attachment toward worldly desire? Don't lie to people around because the God knows what is hidden in ones' heart. Don't also assume that the God is STUPID! 

This kind of people according to the pillars of morality is considered as polytheists no matter how they claim that they are worshiping the Supreme Authority! So, what had been said by the God is true... They hated Him but His Words will never be eliminated by these flies. This universe is under His supervision and not under those hypocrites. Their heart is filthy with polytheism. If people hate the God, then say so, no need to use the pretext of this nation or that nation or this religion or that religion. If they wanted to dominate others, don't accuse it on others like throwing stones to others while others are not looking and then hiding the hand.

When the soul of prophet Muhammad s.a.w being raised by the God, we have the Quran and the prophetic tradition. We know our goal of life in which the purest goal of life is to see the God. We do not consider this earth as our possession. When I was a Buddhist, I also believed the same thing. I am not I am or what is concluded in Anatta and Sunyata concept. Nothing in my physical body is true and everything around me is fake. When I wanted to die and performing some difficult tapas (meditation) according to Hindu-Buddhist ways I believe that I could transfer my soul into a better place than this physical body because it is fake. There are some Buddhists of Lao descents who live in the U.S Long Island, usually they are rich people who ran from revolution in their country and they live like the average Americans and sometimes visiting Thailand to boast around. They keep throwing racist stuffs to Chinese people in Bangkok or Muslim Malays in Southern Thailand and when I talked about Anatta and Sunyata concept, they just keep their silence. So, it means that people sometimes know about the stuffs but they never practice whatever had been taught but they claim themselves as this and that. Later they try to ban others without they first understand the essence of the teaching that they claimed to follow.  

Through deductive and inductive analysis on Islamic Shari'a sources, it confirms that the goal and intention of shariah is to attract benefit and goodness for human-being and environment. It is rejecting harms from human-being toward environment. All of law provisions under the shariah jurisprudence shelter under the concept of the guarantee for human-being and environment benefits. It is not only the benefit of the world but also the hereafter.     

Al-'Iz bin Abdul Salam in his book Qawaid al-Ahkam fi Masalih al-Anam vol. 1 page 9 said that Islam (path) is for benefits. It is either bringing benefit or avoiding harm. The sermon that we just heard from Islamic Center defines on the meaning of maqasid or the goal and its position. It tries to elaborate in the most comprehensive and easiest way on various categories of goals according to variety of perspectives, benefits of understanding what is the goal and how to recognize the goal. And then to evaluate the goal on how important is the goal of shariah in the evaluation of certain decision made.  

Introduction to the Concept of Maqasid

What is the definition of maqasid? 

According to Ahmad al-Raysuni in the View of the Goal by Imam al-Shatiby (1992, p.g 13) : "Maqasid means the goal, the objective or the purpose which we wanted to achieve in doing something. In this context, the objective which is placed by the path in molding the provisions. Among popular terms used for this maqasid shariah, maqasid shari' Allah (the objective the God's path), maqasid shari'iyyah."

There are many definitions brought upon by the scholars of the origin of understanding about the goal or the objective of shariah. Classical scholars never propose any specific definition for the goal. Al-Shatibi who was the apprentice of the objective branch of knowledge also never provide any specific definition. But it does not mean that they had neglected the objective or the goal of certain provisions in the law.

There are many views regarding the objective in their scholarly works. We could also see various classical scholars' views which forms the elements of contemporary scholars preceding them. What is certain is that the values of objective in the path is consisted in the al-Quran and prophetic traditions.

Some of scholars assume that the objective signifies the benefits, whether it attracts benefit or it rejects the demolition of human civilization. Ibnu Qayyim al-Jawziyyah emphasized that shariah is based on wisdom and benefit for human civilization in the world and benefit them in the hereafter. The changes in jurisprudence and law could also take place according to period of time and place since it is flexible according to human-nature, cultural background and environment. It guarantees the benefit of human-being as a whole.

Some scholars define the objective as the matters which avoid harms toward human-being and environment. The jurist I'yad said that : "providing provisions within the framework of the path of the God is obligatory." Some characterize the objective as a way to avoid trouble for society. It was mentioned by Ibnu al-'Arabi with his statement : "There is no burden on someone if he is not capable of it." 

Some had understood the objective of shariah with five basic principles of Islam. Islam (the path of the God) is to protect :   

1. religion

2. soul and life

3. mind

4. pedigree

5. property

In other angle, there are also classical scholars who view the objective as the logic to be integrated as apart of the decision in making the judgement in the court. Contemporary scholars such as Imam al-Shatibi who are famous in the science of the objective never propose any specific definition for the term of the objective or maqasid. He perhaps assumed that everybody understood the term.  Try to compare them with principles of Civil Law and the whole process in Civil Law instead of attacking something which we don't really understand at because we are not even lawyers to begin with, lol....

This gonna take long because we learn about Civil Law or Common Law for racist Western society and their religion (whatever ideologies they proposed are their religions) for about 4 years to be a practical chambering lawyers or attorneys while we read something in the surface about Shariah and assume ourselves as professionally a Law attorney to criticize this and that, hahaha....

will be continued, inshaallah...

Jurisprudence : What is Fiqh or Jurisprudence?

Assalaamu'alaikum wa rahmatullah

This is the Chinese or perhaps Sino-Japanese depiction of King Yama. Buddhists always talk about him when it is regarding punishment that a person will get as a way to cleanse up one's karmma. Usually elders will threaten youngers that King Yama will cut our tongue if we tell lies to others as lying will also bring bad karmma. King Yama is a judge and the guardian of hell. Hindu-Buddhist kingdoms in South East Asia also had used Brahminical texts such as Tharmmasastram to derive code of conduct and legislation provisions in the kingdom or anachakra ruled by a king or chakravarttin. One of the law practiced in ancient Buddhist kingdoms such as of ancient Malay kingdoms are like Sulo or impalement to execute a woman who commit adultery or treason against the king.

We have many branches of knowledge and sciences in the studies of religion after the noble prophet Muhammad s.a.w who is our seal of prophethood had returned to His Mercy. One of them is called as Fiqh. 

So, straight to the point, what is Fiqh brethren? Roughly it is a science related to the Islamic jurisprudence. It is an expansion of the code of conduct where we call it as Shariah and expounded from the glorious Quran. Shariah usually is supplemented by the tradition of prophets and we call tradition as Sunnah of prophets. Sunnah of prophets were re-introduced again by the noble prophet Muhammad s.a.w and some came from him according to the period where he live. Shariah which consists of the conducts of life from the sources of Quran and Sunnah then will be implemented through rulings and interpretations of jurists whom we call as Qadhi. 

Sometimes I would also refer to Jesus Christ as a future Qadhi. I will always wait for his arrival and rulings if I do not die yet. It actually signifies the end of the world : ) We already have our own guidelines and we do not need others to teach us especially in our own countries. The God is teaching us with basic rulings and the observance of morality is considered as apart of the prevention of evil and crimes. We don't need secularism or French concepts of looking at this world. French are just human-being and human-being are imperfect. We also don't need Karl Marx to teach us or whatever ideology proposed by these people. Those ideologies are anathematized and not natural. I would translate the word anathematize for my Malaysian compatriots as dilaknat.  We refuse to accept their ideas as they also refused to accept others' ideas. If they perceive others as barbarians, we also perceive them as barbarians. 

我詛咒歐鬼的思想... 他們多數人不接收啟示然後他們學的事沒有天的指導和聖靈... 別人都可以說出來他們的偏見對我們的道,我們的聖人和穆斯林所以我也想嘗試看感覺是怎樣,哈哈哈... 我感覺很蠢...  

Fiqh deals with the observance of rituals, morals and social legislation in Islam. For Orthodox Sunnah Muslims, we have four schools of Fiqh established by four honorable imams which are Hanafi, Maliki, Shafi'ie and Hanbali. Our Shi'a Muslim brothers have two major schools of Fiqh inherited from Ja'afar as-Sadiq and Isma'ili Fatimiyya. Those who are trained in this science will be called as Fuqaha' (sing. Faqih). I am following and learning the method of Hanbali and most of brothers in Saudi Arabia are also following Hanbali methods. My brothers in Malaysia, Yemen, Lower Myanmar, Indonesia, and Southern Thailand are following Shafi'ie methods. My brothers in China and India are following Hanafi and those in Northern Africa in general are following Maliki methods. 

Definitions of Jurisprudence

Fiqh literally means the science of something in order to understand something, common sense in it, and the thought for the honor of the science of law as the quote from the glorious Quran where the God mentioned again what the people of Sho'ayb (Jethro) said to Sho'ayb a.s : "They said, o Sho'ayb! We do not understand many of what you had said and we indeed only see you as a weak person in front of us. If not because of your family, we would have thrown you with stones. And you are not respected for us." (Surah Huud verse 91). And the word understand in the verse signifies anything which lead people to think and ponder.

Terminologically, Fiqh means the science on the rulings of the way of leading life, practices, benefits, based from valid and accurate proofs in accordance to the origin of the fiqh or understanding.  

So, basically when newspapers wanted to tell everyone about this, they should also check the books and sources regarding this from the root source and not just from internet googling or by reading something at the surface. Reporters today are just as ignorant and irresponsible as the mat rempits who illegally racing on the road and later banging young bitchy girls if they won the illegal race. Orientalists, they went to study these too but they were also bias. The same thing also happen to some Muslims who just google up this and that about other system of belief or faith or reading certain blog related to some nonsense conspiracy theories which denies the Wisdom of the God the Most Highest. 

My past experience as a "deviant Muslim" boy for few years in my life had also helped me to understand many things and I found that bashing others are just making people mind restless and later it affects the environment around. These kind of people would put some information in their sites or books and they later including their opinions based from their hatred to others, irrationality, unstable emotion or based from their perception game. Nothing is better than whatever they think because the thing which they prefer will eventually come to their favor. They could not propagate anything without telling that others are less better than them. Later others who had never read root sources and sharing the same hatred would also use the points from that and spread it worldwide. Again, these sick people no matter Muslims or non-Muslims need heart and soul purification. They would also easily being affected by diseases and die early I could assure this because not only glorious Quran talked about people who bite their fingers because of baseless anger but also the teachings that I had followed for some times which was Buddhism : )

Regarding science in religion, Ibnu Khaldun in his book Muqaddima (Introduction) had divided science into two branches :

I. Rational ones which have been generated by human intellect. Another one is revelational which is received through revelation and transmitted to others such as what happened to prophets for example the noble prophet Muhammad s.a.w who had received knowledge through revelation and not from studying it in school and he then transmitted it orally to his companions, contemporary, people around him, and later generations.

II. Excludes the use of intellect as far as its reception, reporting, and transmission are concerned. It relates to injunctions of secondary report, derived from usool or origin, calls it into play one's intellect and ability to exercise analogical reasoning. Fiqh is included in this second category. It is a product of later generations since companions of prophet Muhammad s.a.w do not need its formulation into a new branch of science as the law-submitter or the prophet and messenger of the God was still around with them. They may straight away ask the prophet s.a.w for clarification or looking at how he acts when they are not clear on something.

Sources for Legislation Reference

Many people can understand about British Common Law on how the decisions were derived. Whether from past cases as examples for rulings of court or from the jurists decision like some raping cases in the United States. I do watched American short series but I can't remember all of them. Some scene, I still could remember. 

I also learned legal language which involved the Common Law and Tort Law during our translation and interpretation class where one of our lecturer is a Sikh lawyer whose name is Harpal Singh. Well, many students especially girls love him and he is a single guy in the middle age. For me, he is a generous guy who donated a lot to students in order to make class more lively and interactive. I gave all of the food that I get from his class to my roommate, brother Zaydi simply because his father name is Hussein and I want him to be my imam in prayer services in our room. I think he must thought that I was crazy, hahaha. I was also fasting to calm down my mind at that time but I could not waste the food so I just offer them to my roommate and sometimes if I have vegetarian meals I would also offer them to some Hindu friends neighboring my room. At least my acquaintance and friends are healthy and they could save their money, I would be very happy : ) I treated brother Zaydi badly in the beginning simply because he is a Kelantanese and I was also influenced by bad talks of people around. It has to do with misconception and generalization too that we become racist, no? We never have any contact with majority of certain people that we don't really like so we created some negative image for something that we had never experienced. Just get a life and do beneficial things like enhancing amity among human, environment, and animals instead of spreading hatred just because of differences and misconception...

From what I had also learned in our masjids and school for final exam for the course of Islamic Rulings and Legislation, our sources for rulings and details must be obviously come from :  

1. The Glorious Quran.

2. Sunnah or the prophetic traditions and Orthodox Sunnah Muslim have four major methods.

3. Ijma' (agreement) between jurists and ulamas.

4. Qiyyas or common sense for matters which had never happened during prophetic era like smoking which kills others because of the smoke is harmful for human health and environment or rulings regarding the selling of harmful drugs or cracks. It needs human intellectual consideration and jurists need to think or using their head. It also needs researches and evidences.

5. Sources of rulings and legislation from the Ahlul Bayt.     

The Root of Fiqh

What is the root of Fiqh? It refers to methods which had been implied within the derivation of the development of legal provisions of the way from detailed and discreet proofs. On the other hand, the root of Fiqh which places the root or basic methods to develop jurisdiction and legal provisions according to clear Divine guidance and guidelines. The relevance of Fiqh is for jurists to derive legal provisions and rulings with clear evidence in order to implement the execution of nature laws from it.

While for the root of Fiqh, its motive is to to find clear evidence from where emerged the object of evidence on the legal provisions. And each that had been stated from the agreement and consideration based on common sense which falls under the name (of legal opinion) which includes :

1. Plaudits : It is reversing the jurisdiction of the way for example on the provisions on what had been perceived to face is stronger and reversing the jurists.

2. Sent Interests : The meanings or the matters which are linked to the jurisdiction and developed upon it and causing damage or harmful to human society however yet it is always being discussed. 

3. Known to people : It means legal opinions which is based on customs and norms. Custom or norms which is known to people, whatever had been in the character of speech, verbal, their way of thinking, and whatever is accepted and not accepted by the norms of society being repeated until it is accepted by the jurists and there are also other sources to derive opinion on jurisdiction between trained jurists in addition to whatever had already existed in agreement of jurists and various of considerations whether the past or through any other methods proposed by jurists. Sometimes those in India or Pakistan also seeking Brahmin priests to derive law and the effect is that, we can see people without nose or ears because those priests are using Tharmmasastram and Puranas in the derivation of customary law. Media then capture the pics and showing it to lazy people or those who has no feet to come to talk with real people asking this and that.