Regulations for using
Evidence in Islamic Law
THIS
SMALL PAPER IS AN ATTEMPT TO HIGHLIGHT THE
REGULATIONS OF USING EVIDENCES IN ISLAMIC LAW
ACCORDING TO THE THEME AND METHODOLOGY AF AHL
IS-SUNNAH WAL JAMAA H. THIS MAY BE POSSIBLE
THROUGH DISTINGGUISHING BETWEEEN THE TEXTS OF
THE QURAN AND SUNNAH AND THE SAYING OF
SCHOLARS;AND BETWEEN THE AREAS OF FULL
AGREEMENTS OR CONSENSUS AND THE SOURCES OF
IJTIHAD;AND BETWEEN THE FIQH OF MINORITIES IN
TIMES OF WEAKNESS AND THE FIQH OF DOMINANCE AND
AUTHRITY;AND THE BALANCE BETWEEN THE OBLIGATION
OF FOLLOWING THE SUNNAH AND THE NECESSITY OF
KEEPING TO JAMA ATU AL MUSLIMIN(THE UNITED UMMAH).
THE
PURPOSE OF THIS WORK IS TO ALERT THE BEARERS OF
THE DA'WA IN THE WEST TO THE NECESSITY OF
DISTINGUISHING BETWEEN A CLEAR TEXT OR AN
AUTHENIC CONSENSUS (WHICH CONSITUTE THE SACRED
TEXTS) AND THE FOLLOWING:
-
THE
ISSUES OF IJTIHAD
-
CASES REGARDING SUBSIDIARY ISSUES,
-
IDENTIFICATION OF MANTA –ANCHOR- OR THE
BASIS OF ISLAMIC RULING AND WHERE TO
IMPLEMENT THEM.
-
THE
VARIATION IN PRIORITISING THE MEANS AND
METHODS OF DA'WA.
THIS MAY
ENCOURAGE CO-OPERATION BETWEEN MUSLIMS TO
PROMOTE THE ISLAMIC DA'WA WITH A SPIRIT
CHARACTIRISED
BY THE
REAL MEANING OF BOTH AHL US SUNNAH AND AHL UL
JAMAA'H.
IN FACT,
THIS TO FULFIL ONE OF THE INTENDED AIMS OF THE
WORDSOF ALLAH:
''AND
HOLD FIRMLY TO THE ROPE OF ALLAH ALLTOGETHER
AND DO NOT BECOME DIVIDED'' [3/103], AND
TO KEEP AWY FROM DIVIDING, REPULSION, EMMITY,
AND FIGHTING THAT TOTALLY WASTE THE POWER OF THE
UMMAH. AS ALLAH SAID:
''AND
OBEY ALLAH AND HIS MESSENGER, AND DO NOT DISPUTE
AND [THUS] LOSE COURAGE AND [THEN] YOUR STRENGTH
WOULD DEPART; AND BE PATIENT.INDEED, ALLAH IS
WHITH THE PATIENT'' [8/46].
THE
REFRENCES FOR THIS PAPER WERE CAREFULLY SELECTED
FROM HISTORICAL PERIODS THAT HAVE SIMILARITIES
TO OUR REGARDING THE WEAKNESS OF THE UMMAH, THE
CHALENGES, AND THE DANGERS FROM OUTSIDE.
THE LAY
OUT OF THIS PAPER INCLUDES AN INTRODUCTION,TEN
IMPORTANT REGULATIONS FOR USING EVIDENCE IN
ISLAMIC LAW, AND CONCLUSIONS
REGULATION 1:
THE AUTHENTICITY OF THE EVIDENCE IN THE
METHODOLOGY PREDECSSORS:
THIS
RULE IMPLIES THAT THE EVIDENCE TO WICH THE
PERSON SHOULD COMMIT HIMSELF CONCERN TWO THINGS
ONLY, A CLEAR (UNAMBIGUOUS) TEXT OR AN AUTHENTIC
CONSENSUS.
REGULATION2:
NECESSITY OF KNOWING THE AIMS OF REVELATION.
REGULATION 3: THE SAYING OF SCHOLARS HAVE NO
SANCITY SIMILAR TO THAT OF THE TEXT ‘’NASS’’.
REGULATION 4: INDEPENDENT JUDGEMENT (IJTIHAAD)
IS PERMITTED IN GENERAL AS IS ADOPTION (TAQLEEQ=
FOLLOWING THE OPPINIONS OF A MADHAB).
REGULATION 5: IN ISSUES OF IJTIHAAD,THE ONE
WHO DIFFERS SHOULD NOT BE CONDEMNED FOR HIS
CHOICE.
REGULATION 6: THE ERROR IN MAKING IJTIHAAD
ON ISSUES OF NEWS(AUTHENTICITY AND UNDERSTANDING
OF NARRATIONS) AND KNOWLEDGE (E.G. PERCEPTION OF
MATTERS REGARDING THE HEREAFTER LIKE PUNISHMENT
IN THE GRAVE, THE ROAD OVER HELL FIRE AND THE
BALANCING OF GOOD DEEDS).
REGULATION 7: DISTINGUISHING BETWEEN THE
FIQH IN THE PERIOD OF OPPRESSION (WEAKNESS) AND
THE FIQH IN THE PERIOD OF DOMINANT AUTHORITY.
REGULATION 8: THE BALANCE BETWEEN THE
OBLIGATION OF FOLOWING THE QURAN AND SUNNAH
NECESSITY OF THE UMMAH BIENG UNITED.
REGULATION 9: DISTINGUISHING BETWEEN THE
ERROR OF A SCHOLAR AND THE LEGAL IJTIHAAD.
REGULATION 10: ONE SHOULD NOT CONCERN
ONESELF WITH DISAGREEMENT ON SUBSIDIARY ISSUES,
BUT WITH THE AVOIDANCE OF EXTREMISM, NARROW
MINDEDNESS AND OPPRESSION OF THOSE WHO HAVE A
DIFFERENT OPPINION.
CONCLUSION
This is
an exploratiom through the ten regulations and
the saying of the people of knowledge who were
devoted to the issues of da'wa and were
characterised by the meanings of sunnah and
jamaa'h in such terrible times that were about
to destoy this ummah and the fundamentals of its
religion.
It is
the time for the followes in the west to follow
the footsteps of these grest scholars who stood
for giving da'wa, and faithfully discharge their
trust. As allah said:
''indeed, we offered the trust to the heavens
and the earth and the mountains, and they
declined to bear it and feared it; but man[under
took ; But man [under took to] bear it.
Indeed, he was unjust and ignorant’’ [33/72].
It is time to pass over the
state of splitting and conflict that hinders the
Islamic da’wa in the west. Its now erjent that
all the callers, who have one, message to pass
to mankind (to worship Allah alone, through the
only one religion accepted by him), realise that
its time for them to join together, to unite
their efforts, and to cooperate sincerely in the
cause of Allah (SW) who said:
‘’And cooperate in
righteousness piety, but do not cooperate in sin
and Aggression’’.[5/2]
Indeed, ignoring the
necessity to stand together to give da’wa that
needs no more than la ilaha ila Allah Mohammed
al rasoolu ul Allah, is not just a sin but a
high treason of the trust offered by Allah (SW)
who said:
‘’O you who have believed,
do not betray Allah and the messenger or betray
your trust while you know.’’[8/27].
Insha’llah,what is expected
from the bearers of da ‘wa in the west, is to
put the priorities into the proper order
according to the regulation of ahl ul sunnah
wal jamaa’h for articulating evidence in
Islamic law, and working together towards the
meanings of the
Sunnah and jamaa ‘a, within
the boundaries of the fiqh of weakness and the
fiqh of dominance.
AND ALLAH (SW) GUIDES TO
SUCCESS.
