Author Archives: AshābulHadeeth

Mar 25 2009

A Clarification of Doubts Regarding Innovation

Shaykh Saalih ibn al-Fawzan al-Fawzan
From ‘Kitaabut-Tawheed’

AN INTRODUCTION TO INNOVATION IN THE LANGUAGE

It is a valid form of innovation, it is an invention without a preceding likeness. And from it is the statement of Allaah the Exalted, “Inventor of the Heavens and the Earth” [Sooratul Baqarah 2:117] That is, the Innovator of those two things on other than a preceding likeness. The statement of the Exalted, “Say, I am not a new one from amongst the messengers” [Sooratul Ahqaaf: 9]

That is, ‘I am not the first who came with a message from Allaah to the slaves, rather there have preceded before me, many from amongst the messengers.’ And it can be said, ‘So and so innovated (ibtada’a) an innovation (bid’ah), meaning that he invented a way not having a predecessor for it.

Innovating is divided into two:

A. Innovating in ‘aadaat (customs/habits/culture etc.): such as inventing innovations of speech, and this is permissible (mubaah), because the basic principle regarding ‘aadaat (customs) is one of permissibility (ibaahah).

B. And innovating in the religion, then this is prohibited because the basic principle regarding it is one of Tawaquf (restriction to authentic texts). He sallallaahu ‘alayhi wa sallam said, “Whoever invents (ahdatha) in this matter of ours what is not from it, then it is rejected.” [Bukhaaree, Muslim] And in a narration, “Whoever performs an action not in accordance with our matter, then it is rejected.” [Saheeh Muslim]

THE INNOVATION IN RELIGION IS OF TWO TYPES:

The First Type: Innovation in statements of belief, such as the sayings of the Jahmiyyah, and the Mu’tazilah, and the Raafidhah, and the generally known misguided sects and their beliefs.

The Second Type: Innovation in the acts of worship; Such as worshipping Allaah with an act of worship which is not legislated. And it has divisions:

The first division: It has no origin (asl) in worship, rather it is a newly invented form of worship having no origin in the law (Shar’); Such as inventing prayer not legislated, or fasts not having a Sharee’ah legislated origin, or days of celebration such as the celebration of birthdays, and other than that.

The second division: What exists from additions in the legislated worship, like if one were to add a fifth raka’ah in the Noon (Dhuhr) prayer, or the afternoon (‘Asr) prayer for example.

The third division: What exists in the characteristics of carrying out legislated worship. To perform it on a manner not legislated; such as carrying out legislated remembrances (Adhkaar singular: Dhikr) in simultaneous and melodious voices, and such as being extreme on oneself in worship to the point of leaving from the Sunnah of the Messenger sallallaahu ‘alayhi wa sallam.

The fourth division: What exists from specification of a time for legislated worship which was not specified by the law (shar’) such as specifying the middle night of Sha’abaan and it’s day for fasting and prayer. So verily fasting and praying have a basis in the Religion, but specifying them to a time from amongst the times is in need of a proof.

THE RULING ON INNOVATION IN THE RELIGION, WITH ALL OF ITS TYPES:

Every innovation in the religion is forbidden, and a misguidance because of the statement of the Messenger sallallaahu ‘alayhi wa sallam “And beware of newly invented matters, for every newly invented thing is an innovation, and every innovation is a misguidance.” [Abu Daawood, and Tirmidthee who said, ‘Hasan Saheeh’] And his sallallaahu ‘alayhi wa sallam statement, “Whoever invents in this affair of ours what is not from it, then it is rejected.”[Agreed Upon] And in a narration,“Whoever performs an action not in accordance with our affair, then it is rejected.” [Saheeh Muslim] So these two hadeeths show that all newly invented things in the Religion are innovations, and every innovation is a rejected misguidance, [1] and the meaning of that is that innovation in belief and worship is forbidden. However, it’s prohibition is according to the degree in the type of innovation, and from it is evident disbelief such as circumambulation around the graves in order to get closer to it’s inhabitants, and offering sacrifices and vows to them and supplicating to their inhabitants, and seeking rescue with them. And such as the extremist statements of the Jahmiyyah and the Mu’tazilah. And from it is what is a means of shirk such as erecting the graves, and praying and supplicating to them. And from it is what is disobedience in creed such as the innovation of the limbs by the Qadariyyah, and the Murji’ah in their statements and belief in opposition to the proofs of the Sharee’ah. And from it is sexual abstinence and fasting established in the sun, and castration with the intention of cutting off all desires [see al I’itisaam of ash-Shaatibee (2/37)]

WARNING:

Whoever divides innovation [in the religion] into good innovation (bid’ah hasanah), and sinful innovation (bid’ah sayyi’ah), then he has committed wrong, and has opposed his sallallaahu ‘alayhi wa sallam statement, “Every innovation is a misguidance.” because the Messenger sallallaahu ‘alayhi wa sallam ruled that innovation – all of it – is misguidance,[2] and this says that not all innovation is misguidance, rather there is good innovation. Al Haafidh Ibn Rajab said in his commentary to al Arba’een: ‘So his sallallaahu ‘alayhi wa sallam statement,“Every innovation is misguidance” is from the all encompassing word, not excluding from it anything. And it is the greatest principle from the principles of the Religion. And it is associated with his sallallaahu ‘alayhi wa sallam statement, “Whoever invents in this affair of ours, what is not from it, then it is rejected.” So whoever invents things and attributes them to the religion, and it does not have an origin in the religion to return to, then it is misguidance, and the Religion is free from those things. And equal to that are matters of beliefs, or actions, or statements whether hidden, or manifest.’ [end] [Jaami’ul ‘Uloom Wal Hikam, p. 233] [3]

And there is not a proof for them that there is good innovation, except for the statement of ‘Umar radiallaahu ‘anhu regarding the taraaweeh prayer, “What a good innovation this is!”(ni’imatul bida’atu hadhihi).

And they also say, ‘Verily there were things invented, and they were not objected to by the Salaf, like the collection of the Qur’aan into one book, and the writing of the Hadeeth, and recording them.’ So the answer to these is that these are matters which have an origin in the law (shar’), so they are not newly invented. And the statement of ‘Umar radiallaahu ‘anhu “What a good innovation”, he desires the linguistic innovation, and not the religious innovation (al bida’atush Shar’iyyah). So whatever has an origin in the law, returns to it. If it is said that it is an innovation, then it is an innovation in language, and not in Islamic Law. So the religious innovation is what does not have an origin for it to return to. So the collecting of the Qur’aan into one book has for it an origin in the law to return to, because the Prophet sallallaahu ‘alayhi wa sallam had commanded the recording of the Qur’aan, but it was written scattered so the Companions collected it into one book for it’s protection. Indeed the Prophet prayed taraaweeh with his Companions radiallaahu ‘anhu nightly, and they had preferable fear about it in the appointment [of an Imaam], and the continuing of the Companions (r) in praying in separate groups in the lifetime of the Prophet and after his sallallaahu ‘alayhi wa sallam passing, up until ‘Umar Ibnul Khattab united them on one Imaam like how they used to be behind the Prophet (sallalaahu ‘alayhi wa sallam), and this is not an innovation in the Religion. And the writing of the Hadeeth also has an origin for it in the Law. Indeed the Prophet sallallaahu ‘alayhi wa sallam commanded the writing of some hadeeths for some of his Companionsradiallaahu ‘anhu, so as to study that from it. [4]

And there was warning against writing it on regular paper according to his sallallaahu ‘alayhi wa sallam advice fearing that there would get mixed with the Qur’aan, that which was not from it. So when the Prophet sallallaahu ‘alayhi wa sallam passed away, this warning was done away with – because the Qur’aan was completed, and vowelized before his sallallaahu ‘alayhi wa sallam passing. So the Muslims recorded the hadeeth after that, preserving it from destruction. And may Allah reward Islaam and the Muslims with good when they preserve the Book of their Lord, and the Sunnah of their Prophet sallallaahu ‘alayhi wa sallam from destruction, and the mockery of the scornful. [5]

Footnotes:

[1] Many of the people of innovation say that the word ‘kullu’ in the hadeeth about innovated matters does not mean everything, al-Haafidh Ibn Rajab al-Hanbalee says in Jaami’ul Uloom Wal Hikam (2/89) in commentary to the part of the hadeeth, “and beware of the newly invented matter.”

“His saying, ‘and beware of the newly invented matters, and every bid’ah is a misguidance’ contains a warning to the ummah from following the newly invented innovations, and he stressed this by saying, ‘and every innovation is a misguidance’. And the meaning of bid’ah is everything that is newly invented that has no basis in the sharee’ah that would prove it. As for that which has a basis in the share’ah that would prove it then this is not a bid’ah in the sharee’ah even if it be a bid’ah according to the language. And in the saheeh of Muslim from Jaabir radiallaahu ‘anhu from the Prophet that he used to say in his sermons, ‘the best speech is the Book of Allaah, and the best guidance is the guidance of Muhammad, and the worst of matters are the newly invented matters and every bid’ah is a misguidance.’. And Imaam Ahmad reports from the report of Ghadeef Ibnul Haarith ash-Shimaalee, ‘Abdul Malk Ibn Marwaan sent (someone) to me and he said: Indeed we gather the people for two matters: raising the hands (for supplication) upon the minbar on the day of Jumu’ah and giving exhortations after the fajr and ‘asr prayers. So he said: As for these two matters, then they are examples of your innovations in my opinion and I will not accept anything of them from you because the Prophet sallallaahu ‘alayhi wa sallam said, ‘A people do not introduce an innovation except that the likes of it is raised from the sunnah (ie. forgotten and neglected) and sticking to the sunnah is better than innovating an innovation.’ And something similar is reported from Ibn ‘Umar. And as for what has occurred from some of the salaf in their declaring some bid’ahs to be good then this is regards to bid’ah in it’s linguistic meaning not it’s sharee’ah meaning, and from these is the saying of ‘Umar radiallaahu ‘anhu when he gathered the people for the standing of Ramadhaan behind one Imaam.[he gives reasons as to why this is so, but these have already been mentioned in other articles, and some of them above, so I will not repeat them]

And from them: the adhaan for jumu’ah that was increased on by ‘Uthmaan due to the need of the people, and it is reported from ibn Umar that he said this was a bid’ah. And maybe he meant what his father meant concerning the standing during the month of Ramadhaan. And from them: collecting the mushaf as one book, and the Prophet sallallaahu ‘alayhi wa sallam used to command that the revelation be written and there is no difference in this between writing separately or as one collection, rather one collection has more benefit …. [mentioning more examples] ….

And Abu Nu’aym reports with a chain of narration from Ibraaheem Ibn Junayd who said: I heard ash-Shaafi’ee saying: ‘bid’ah is of two types ….’ And he depended upon the saying of ‘Umar radiallaahu ‘anhu, ‘what a good bid’ah this is’ and the meaning of ash-Shaafi’ee (rahimahullaah) is as we have mentioned previously: that the foundation for the blameworthy bid’ah is that which does not have a basis in the sharee’ah that can be referred to – and this is a bid’ah in the convention of the sharee’ah. As for the praiseworthy bid’ah then that is what agrees with the sunnah – meaning that is has a basis in the sunnah that can be referred to, and this is a ‘bid’ah’ in it’s linguistic meaning not in it’s sharee’ah meaning due to it’s conforming with the sunnah. And another statement has been reported from ash-Shaafi’ee that explains this, and that is: ‘newly invented matters are of two types.'”

[2] The alleged statement of Imaam ash-Shaafi’ee is another ploy used by the people of bid’ah to try to legislate their innovations into the complete and perfected Religion of Allaah. Shaykh Saleem al-Hilaalee says, “those who seek to make innovations good and acceptable claim that Imaam ash-Shaafi’ee – may Allaah have mercy upon him – agrees to the concept of ‘good innovations’ – and they have taken it by what has been attributed to him – may Allaah have mercy upon him – regarding innovation: ‘innovated matters are of two classes: that which is innovated and is contrary to the Book, or the Sunnah, or a narration, or ijmaa – then this is an innovation of misguidance, and: those good things which are innovated that do not contradict any of these – then this is a novelty which is not blameworthy. And ‘Umar said concerning the night-prayer in Ramadhaan: ‘what a good innovation this is’ meaning something new not previously present, and if done does not rebut anything which existed before.” [Reported by al-Bayhaqee in ‘Manaaqibush Shaafi’ee (1/469) from ar-Rabee’ Ibn Sulaymaan. I say: it’s chain of narration contains Muhammad Ibn Moosaa al-Fadl and I do not find a biography for him.]

And it is reported with the wording: “Innovation is of two types: praiseworthy innovation and blameworthy innovation. So whatever agrees with the sunnah is praiseworthy, and whatever contradicts the sunnah is blameworthy.” And he used as evidence the saying of ‘Umar radiallaahu ‘anhu – about night prayer in Ramadhaan: ‘what a good innovation this is’ [reported by Abu Nu’aym in ‘Hilyatul Awliyaa’ (9/113) from Hurmulah Ibn Yahyaa. I say: it’s chain of narration contains Abdullaah Ibn Muhammad al-Atshee, who is mentioned by al-Khateeb al-Baghdaadee in his ‘Taareekh’ and by as-Sam’aanee in ‘al-Insaab’ but they mention no jarh or ta’deel of them]

a) The saying of ash-Shaafi’ee – even if authentic – cannot be used to oppose or particularize the generality of the hadeeth of Allaah’s Messenger sallallaahu ‘alayhi wa sallam, since ash-Shaafi’ee himself – rahimahullaah – is reported by his students to have said that the saying of a solitary companion is not a proof, and it is not obligatory for those after him to follow him [as in ‘Takhreej Furoo alaa al-‘Usul’ of az-Zanjaanee (pg. 179) with the checking of Muhammad Adeeb as-Saalih, ‘Mu’assatur Risaalah’] And this is what the verifying scholar Ibnul-Qayyim affirmed in his ‘I’ilaam al-Muwaqqi’een’ (4/121-123) So how can the saying of ash-Shaafi’ee be a proof if the saying of a companion is not a proof?!

b) How can ash-Shaafi’ee – may Allaah have mercy upon him – be one of those who agree to ‘good innovations’ whilst he said the famous saying: ‘whosoever declares something good has made it part of the sharee’ah,’ and he said in Ar-Risaalah (pg.507), ‘declaring things good (istihsaan) is a form of exercising desires’ Therefore anyone who wants to explain the words of ash-Shaafi’ee – may Allaah have mercy upon him – then let him do so within the rules and fundamentals of ash-Shaafi’ee – which necessitate understanding his principles – this is something applicable in every branch of knowledge – so he who is ignorant of the terminologies of their specialists will be ignorant of the meaning of their sayings – and will incorrectly explain their meaning, and here is an example to show what we mean:

i) The wording ‘agreed upon’ with the scholars of hadeeth means that which was reported by Bukhaaree and Muslim, however according to Abu Baraaqaat ‘Abdus Salaam Ibn Taymiyyah, the author of ‘Muntaqal Akhbaar’, it means that which is reported by Ahmad, Bukhaaree and Muslim.” [al-Bid’ah’ (pp 63-66)] Even if this statement was authentic, it’s meaning would be that of linguistic bid’ah as was stated by Ibn Rajab, and as we will further clarify in the next note on al-Haafidh Ibn Hajar.

[3] The shaykh, Saalih al-Fawzan quoted from al-Haafidh Ibn Rajab, so it would be useful to quote the full discussion: al-Haafidh Ibn Rajab said in commentary of the hadeeth, whosoever introduces something in this affair of ours which is not part of it then it must be rejected.’ And the hadeeth, ‘whosoever does an action which we have not commanded must be rejected.’

“This hadeeth contains a great principle from amongst the principles if Islaam, for just as the hadeeth ‘indeed actions are by intentions’ is the scale (to judge the action in) it’s inward form this hadeeth is the scale (to the action in) it’s outward form. Just as any action that is not done seeking the Face of Allaah the Exalted does not bestow any reward upon the actor, similarly any action that has not been commanded by Allaah and His Messenger is rejected. And everyone that innovates in the religion that which Allaah and His Messenger have not given permission for, then it is nothing in the religion … And this hadeeth in it’s wording indicates that every action that has not been commanded by the Legislator is rejected, and it’s understanding indicates that every action that has been commanded is not rejected. And the meaning of ‘his command’ here is ‘his religion and law’ as is the meaning of his saying in the other narration, ‘whosoever introduces something in this affair of ours which is not part of it must be rejected.’

Therefore the meaning is that whosoevers action is outside the sharee’ah and not bound by the sharee’ah, is rejected. And his saying, ‘which we have not commanded’ indicates it is necessary for the actions of the actors to fall under the rules and regulations of the sharee’ah and that the rules of the Sharee’ah be the judge to command them or forbid them. So whosoevers action falls under the rules and regulations of the sharee’ah, in agreement with them, then his action is accepted, and otherwise it is rejected …and whosoever seeks to draw close to Allaah with an action that Allaah and His Messenger sallallaahu ‘alayhi wa sallam have not appointed as a means of drawing close to Allaah then his action is false and rejected …

And the Messenger sallallaahu ‘alayhi wa sallam saw a person standing in the sun, and so he inquired about him and it was said in reply, ‘he has taken an oath to stand and not to sit or take shade, and to fast.’ So the Prophet sallallaahu ‘alayhi wa sallam ordered him to sit and seek the shade and to complete his fast. [Bukhaaree] So he sallallaahu ‘alayhi wa sallam did not make his standing and exposure to the sun a means of getting close (to Allaah) such that it would require fulfilling the oath. And it is reported that this event occurred on the day of jumu’ah at time of hearing the khutbah of the Prophet sallallaahu ‘alayhi wa sallam while he was on the minbar. So this man made the oath to stand and not sit or seek the shade for as long as the Prophet sallallaahu ‘alayhi wa sallam gave his sermon, in glorification/respect of listening to the sermon of the Prophet sallallaahu ‘alayhi wa sallam, and yet the Messenger sallallaahu ‘alayhi wa sallam did not make this a means of getting close to Allaah that would require fulfillment of his oath. Despite the fact that standing is worship in other places such as prayer and adhaan and offering du’aa on ‘Arafah. And exposure to the sun is a means of getting closer to Allaah for the one in ihraam, so this indicates that everything that is a means of getting close to Allaah on a particular occasion is not a means of getting close on every occasion, rather one follows what occurs in the Sharee’ah in it’s correct place for everything.” [it is known in the sharee’ah that an oath which involves disobedience to Allaah does not require fulfillment]

[4] As for the deception of the people of bid’ah in saying that the collection of the ahaadeeth of the Messenger sallallaahu ‘alayhi wa sallam as an innovation, then this is simply not true.

From Abu Qabeel who said: We were with ‘Abdullaah Ibn ‘Amr Ibnul ‘Aas and he was asked which city will be conquered first Constantinople or Rome? So ‘Abdullaah called for a sealed trunk and he said: Take out a book from it. Then ‘Abdullaah said: Whilst we were with the Messenger of Allaah sallallaahu ‘alayhi wa sallam writing. The Messenger of Allaah sallallaahu ‘alayhi wa sallam was asked: Which city will be conquered first, Constantinople or Rome? So Allaah’s Messenger sallallaahu ‘alayhi wa sallam said: “The city of Heraclius will be conquered first” meaning Constantinople. [Related by Ahmad (2/176), ad-Daarimee (1/126) and al Haakim (3/422)] So this narration shows that some of the Companions did write the hadeeths of the Messenger sallallaahu ‘alayhi wa sallam in his presence.

[5] Ibn Hajar on bid’ah as in ‘Fath (13/314+) Kitaabul-I’tisaam, Chapter: Following The Sunan of The Prophet sallallaahu ‘alayhi wa sallam. “His saying, ‘and the worst of matters are the newly invented matters.’, and muhadathaat means the newly invented matters that have no basis in the sharee’ah, and the are called according to the convention of the sharee’ah ‘bid’ah’, and that which has a basis in the sharee’ah that would prove it then it is not a bid’ah. So bid’ah in the convention of the sharee’ah is blameworthy in contravention to the language, for linguistically every thing that is newly invented, be it blameworthy or praiseworthy, is called bid’ah …and ash-Shaafi’ee said, ‘bid’ah is of two types …’ Reported by Abu Nu’aym via the route of Ibraaheem Ibn Junayd, and there occurs from ash-Shaafi’ee also what is reported by al-Bayhaqee in his ‘Manaaqib’, ‘the newly invented matters are of two types.’ end. And some of the scholars divided bid’ah into the five categories of ahkaam and this is clear. And it is established from Ibn Mas’ood that he said, ‘indeed you have matured upon the fitrah, but indeed you shall innovate, and things shall be innovated for you, so when you see the innovations then stick to the original guidance’ …And Imaam Ahmad reported with a good sanad from Ghadeef Ibnul-Haarith who said, ‘al-Malik Ibn Marwaan sent (someone) to me and he said: indeed we gather the people for two matters: raising the hands (for du’aa) upon the minbar on the day of jumu’ah, and giving exhortations after the fajr and ‘asr prayers. So he said: as for these two, then they are examples of your innovations in my opinion and I will not accept anything of them from you because the Prophet sallallaahu ‘alayhi wa sallam said, ‘a people do not introduce an innovation except that a sunnah the likes of it is raised (i.e. forgotten and neglected)’ and sticking to the sunnah is better then introducing a bid’ah’ so if this was the answer of this sahaabee concerning a matter that has a basis in the religion, then what do you think the case would be concerning a matter that has no basis in the religion? And how about when it includes things that contradict the sunnah? … and this matter (of giving exhortations) was present during the time of the Prophet sallallaahu ‘alayhi wa sallam but it was not done constantly like the jumu’ah khutbah rather it was done as the need dictated. And as for his saying in the hadeeth of al-Irbaadh, ‘indeed every bid’ah is a misguidance’ after saying, ‘and beware of the newly invented matters’ proves that newly invented matters are called bid’ah. And his saying, ‘and indeed every bid’ah is misguidance’ is a complete sharee’ah principle both in wording and understanding. As for in wording then it is as if it is said, ‘the ruling of such and such is that it is a bid’ah and every bid’ah is a misguidance’ and so it would not be from the sharee’ah because the sharee’ah, in it’s totality, is guidance …and the meaning of his words ‘every bid’ah is a misguidance’ is that which has been introduced that has no evidence in either a specific or general way ….Ibn ‘Abdis Salaam said at the end of ‘al-Qawaa’id’: bid’ah is of five classifications.[mentioning the five and some examples of them]” [End of Ibn Hajar’s words]

There are some points to be recognized here:

1. Ibn Hajars quoting from Imaam ash-Shaafi’ee after making clear that in the language bid’ah is of two types but in the Sharee’ah it is only one.

2. Indicating that he understands the statement ‘praiseworthy bid’ah’ in the linguistic sense as did Ibn Rajab.

3. His quoting Ibn ‘Abdis Salaam in his classifying bid’ah into 5 categories but he himself saying, ‘and the meaning of his words ‘every bid’ah is a misguidance’ is that which has been introduced that has no evidence in either a specific or general way’ and other similar statements.

And Verily Allaah the Exalted Knows Best

Mar 25 2009

The Legal Punishments

Imam Nawawi
From ‘Goal of Seekers’

APOSTASY

This consists of abjuring Islaam by intention or words or acts or rejection, whether the words were said in jest, or contradiction, or belief. They consist of a declaration:

1. That the Creator or Messengers do not exist, or
2. That one of the Prophets was a liar, or
3. That one considers lawful what the ‘joining together’ has considered unlawful – as for instance fornication, or
4. That one considers unlawful what the joining together makes lawful, or
5. That one does not have to follow what has been decided by joining together, or
6. That one intends to reject Islaam, or doubts it An act making one an apostate is one based on an obvious mockery or denial, such as throwing a copy of the Qur’aan on a muck heap, or prostration to an idol or the sun.

An effort should be made to convince an apostate to return from error, though one authority says that it is only desirable, either t once or for three days. Then he is put to death. Where the guilty repents, his submission is accepted and he is let alone, unless (according to some), he has turned to an esoteric infidelity such as Zandaqa (i.e. manicheeism) in which one can profess Islaam outwardly but deny it inwardly.

The infant of two apostates (not one only) should be considered an apostate, according to the best opinion.

As to his property, the best opinion is that if he dies as apostate, he has lost it, but if he submits, he regains it. Debts contracted beforehand are however charged to his estate.

FORNICATION

This consists of introducing the male organ into the vagina of a forbidden woman, without any ambiguity or doubt, or into the anus of a man or woman as well, according to out school, and it receives a prescribed penalty (hadd), regardless of whether it was done for payment or by consent, and is applied as well for (relations with) a woman within the forbidden degrees of kinship or marriage (e.g. sister of a living wife) even if a marriage was performed. The guilty person must be adult, sane, and aware that it is wrong. Drunkenness is no excuse.

1. The hadd of an adult free Muslim or member of a protected community, who has consummated a legal marriage before this, is stoning to death. If one of the two partners has not, it does not lessen the guilt of the other

2. The hadd of a fornicator who is not adult and free or was never married is one hundred lashes and banishment for a year, and if the Imam designates a place of banishment, that must be accepted.

3. For a slave the hadd is fifty lashes and banishment for half a year.

DEFAMATION

For a false accuser to receive the hadd, he must be a sane adult Muslim, drunk or sober, who acted freely. A child of a reasonable age is punished at the discretion of the court. The penalty for a free person is eight lashes, and for a slave forty. If two people accuse each other, the two punishments do not cancel each other.

CRIMES PUNISHABLE BY AMPUTATION

For theft the amount necessitating punishment by amputation is of a value equal to the quarter of a (gold) dinar. Two persons stealing together must have stolen twice the minimum amount. There is no amputation if such as wine, or a pig or dog, or the skin of an animal that is not ritually slaughtered. But if the container of the wine was worth the minimum amount, amputation follows.

Theft by a minor, insane person, or one forced against his will Is not punished by cutting off the hand, but cutting may be performed on members of a protected community, subject to our laws.

The right hand is cut off for the first offense (even if more than one theft was involved), the left foot for the second, the left hand for the third and the right foot for the fourth.

BRIGANDS (Highwaymen and Bandits)

Those who do not rob or murder travelers may be given a lesser punishment. One guilty of theft if the legal amount has his right hand and left foot cut off. Murder by a brigand makes his death mandatory. He is then hung on a cross for three days and taken down. Some say the body should hang until (ichor??) runs from it, and others that he should be crucified for a time and then taken down and killed.

FORBIDDEN BEVERAGES

Every drink that inebriates in a large quantity is forbidden in a small quantity. The hadd for drinking it is not given to a child, an insane person or a non Muslim subject. One may take wine in immediate necessity, according to our school, e.g. to dislodge food in the throat which is choking one, if nothing else is available, but one is liable to punishment if he uses wine for medicine or for thirst. The hadd of a free person is thirty blows, and that of a slave is twenty, by whip, hand, sandal or a rolled up garment. It is said that it should be with a whip. The Imaam may double the number if he sees fit.

Sins not punishable by a prescribed penalty or expiation may be punished by imprisonment, beating, slapping or threatening. The nature of this is at the discretion of the Imaam or his deputy.

SunnahOnline.com

Mar 25 2009

On the Importance of Tauhid

by Jamaal Zarabozo

1) Verily, Allaah has created the world and everything in it in order to worship Him alone. He sent the Messenger to call the people to Tawheed and the Noble Qur’aan is concerned with the aqeedah of tawheed in most of its chapters, and it explains the harm of shirk for the individual and the society. Shirk is the reason for destruction in this life and the reason for eternal destruction in the Fire of the Hereafter.

2) Verily, all the Messengers began their call with Tawheed, which they were commanded by Allaah to convey it to the people. He, the Most High, said:

“We have not sent before you from the Messengers, except We inspired to him that He is the only One worthy of worship, so worship Him.” [21:25]

The Messenger of Allaah stayed in Makkah for thirteen years while he called his people to the Tawheed of Allaah and he called to Him alone without associating anything with Him. It was regarding this issue that Allaah revealed the following verse to His Noble Messenger:

“Say: Verily I call to my Lord and I do not ascribe any partners to Him at all.” [72:20]

The Noble Messenger brought up his followers upon Tawheed from the time of childhood and he said to the son of his uncle, his cousin ‘Abdullaah ibn ‘Abbaas: “When you ask, then ask Allaah, and when you seek help, then seek help from Allaah.” [Hasan Saheeh, Tirmidhi].

This Tawheed is in reality the religion of Islaam, which is built upon it, and anything other than it is not accepted by Allaah.

3) Verily, the Messenger sallallaahu ‘alayhi wa sallam taught his Companions to begin their call to the people with tauhid, so he said to Mu’aadh ibn Jabal, when he sallallaahu ‘alayhi wa sallam sent him to Yemen: “So let the first thing you call them to, be the testification that none has the right to be worshipped except Allaah.” And in another narration: “…that they worship Allaah alone.” [Bukhaaree and Muslim]

4) Tauhid is embodied in the testification that “None has the right to be worshipped except Allaah, and Muhammad is the Messenger of Allaah.” Its meaning is that there is no one who is worthy of deserving worship except Allaah, and there is no worship except that which the Messenger of Allaah came with. It is this testification which allows a unbeliever to enter into Islaam, since it is the key to Paradise, and the one who testifies to it and believes it enters into Paradise as long as he does not invalidate it by shirk or a word of disbelief.

5) The disbelieving Quraish offered the Messenger of Allaah sallallaahu ‘alayhi wa sallam kingship, wealth and wives and other than that from the pleasures of this life in exchange for him abandon the call to tauhid, and abandon the attacks against the idols. However, he did not desire that from them, rather lie continued his call and endured the onslaught along with his Companions, until the call to tauhid was victorious after thirteen years, after which Makkah was conquered and the idols were destroyed. The Messenger of Allaah sallallaahu ‘alayhi wa sallam recited, “Truth has come and falsehood has vanished, surely falsehood is ever bound to vanish.” [17:81]

6) Tauhid is the preoccupation of a Muslim in his life, so he begins his life with Tauhid and he ends his life with Tauhid. His task in life is to establish Tauhid and the call to Tauhid, since Tauhid unifies the believers and gathers them upon the statement of Tauhid. So we ask Allaah to make the statement of Tauhid (Laa ilaaha lila Allaah) our last words in this world and we ask Him to gather the Muslims upon the statement of Tauhid.

Mar 25 2009

Sacrificing for other than Allah

Shaykh Muhammad ibn Abdul-Wahhab
From Kitaab at-Tauhid (Chapters 10 & 11)

Allaah subhanahu wa ta’ala said, “Say, ‘My salat, my prayer, indeed my whole life and death are to Allaah, Lord of the universe, to whom there is no associate.'” (Qur’aan 6:163-164)

and “Address therefore your prayers to your Lord, and slaughter (in His name)” (Qur’aan 108:2).

In his Saheeh, Muslim relates from Alee radiallaahu ‘anhu the following: “The prophet of Allaah sallallaahu ‘alayhi wa sallam gave four judgements; Admonition to him who slaughters in the name of anyone other than Allaah! Admonition to him who curses his parents! Admonition to him who shelters the perpetrators of a crime incurring a divine sanction! Admonition to him who unjustly alters the frontiers of personal land properties.”

Ahmad reports that Tariq ibn Shihab related that the Prophet of Allaah sallallaahu ‘alayhi wa sallam said: ‘Flies provided the circumstances for a man to go to paradise and for another to go to hell. When he was asked to explain how that was possible, the Prophet sallallaahu ‘alayhi wa sallam said: Two men passed by a people who had an idol to which they prescribed an oblation for every person seeking to go through their territory. When the first objected that he had nothing to sacrifice to the idol, the people told him he had to sacrifice something even if it were a few flies. So he caught a few flies, sacrificed them and let through. Naturally he was consigned to hell. When another was required to sacrifice something, he objected that he would never sacrifice aught to anyone but Allaah. They killed him, and he of course went to paradise.’

Issues addressed in this chapter:

1.Explanation of the verse ‘Say, My salat my prayer, indeed my whole life and death…’ (Qur’aan 108:2)

2. Explanation of the verse ‘Address therefore your prayers to your Lord, and slaughter in His name’ (Qur’aan 6:163-164)

3. Cursing whomsoever slaughters in any other name than Allaah’s

4. Cursing whomever curses his parents, including the person who invites such curse by cursing somebody else’s parents and thus eliciting a reciprocal cursing of his own

5. Cursing whoever shelters the muhdith i.e. the perpetrator of a crime incurring divine sanction, with a view to enable him to escape punishment

6. Cursing whomsoever alters unjustly the frontiers of personal land properties, and thus continues them to achieve illegitimate advantage

7. Difference between cursing a definite person for a definite crime and cursing the perpetrators of crimes in general

8. The significant story of the flies

9.That the person who sacrificed flies to the idol to avoid the threat of the idolaters went to hell though he did not approve of his own deed

10. Assessing the degree of shirk within the hearts of Muslims. Their patient suffering of martyrdom and resistance to the demand of the idolaters through the latter only required only the external act.

11. That he who entered hell was a Muslim. Otherwise the Prophet would not have said that the man entered hell merely for sacrificing flies

12. This story constitutes evidence for another hadith viz ‘Paradise is closer to man than his own soles. And so is hell’

13. That the work of the heart is the greater requirement, even among idolators.

NO SLAUGHTER IN THE NAME OF ALLAAH WHERE SLAUGHTER IN ANOTHER NAME IS PRACTISED

Allaah subhanahu wa ta’ala said: ‘Do not even stand therein.’ (Qur’aan 9:108)

Abu Dawood related that Thabit ibn al Dahhak radiallaahu ‘anhu said: ‘A man made a vow to sacrifice a camel at a place called Buwanah, and sought the Prophet’s permission to do so. The Prophet sallallaahu ‘alayhi wa sallam asked, Does this place have an idol such as those of Jahilliyyah? The man answered, no. The Prophet asked again, Did the unbelievers hold any of their feasts at that place? Again the man answered, no. The Prophet then said, Go ahead and fulfil your vow. The vows which ought not to be fulfilled are those which involve disobedience to Allaah, or fulfilment of what is beyond man’s capacity.’

Issues addressed in this chapter:

1. Explanation of the verse ‘Do not stand therein.’ (Qur’aan 9:108)

2. That disobedience to Allaah, as well as obedience are without real effects in the world

3. Reference of the questionable problem to the clear one, for solution by extrapolation

4. Permissibility of asking the mufti for details wherever there is need

5. Vows specifying the place of fulfilment are legitimate aslong as no legal hinderances intervene

6. Illegitimacy of fulfilling a vow at a place where an idol stands, or had once stood

7. Illegitimacy of fulfilling a vow where unbelievers held a celebration, though the practise is presently extinct

8. Illegitimacy of fulfilling a vow made on such a spot because the vow is ipso facto illegitimate

9. Caution against imitating the unbelievers in their celebrations, even if unwittingly

10. No vow is legitimate if its content is illegitimate

11. No vow is legitimate for a man if it demands fulfilment of what he cannot do

Mar 25 2009

Four Basic Rules of Pure Monotheism

Based on an essay by
Shaykh Muhammad ibn Abdul-Wahhab

Almighty God, Lord of the Glorious Throne, I pray that He may guide you in this world and the next; that He may always bless you; that He may make you one of those who recognize His bounty, who remain firm in face of adversity, and who repent and seek His forgiveness if they disobey or sin. These three characteristics are the indices of felicity and blessedness.

Know that pure worship and monotheism, which is the religion of Abraham, consists of worshipping God alone, of dedicating yourself sincerely to serving Him. God said:

“I have not created jinn and men but to worship Me” [Qur’ân 51:56].

Once you know that God has created you to serve Him, you will realize that there can be no service except with Pure Monotheism (Arabic: Tawhid). Just as there is no formal prayer without purity, and there is no purity with uncleanliness, so there is no worship of God while worshipping others along with Him (Arabic: Shirk). By associating others with Almighty God, man’s worship is spoilt, his deeds are vain and he is doomed to eternal Hellfire. If you are cognizant of all this, you will realize that your most important care should be to have all the knowledge pertinent thereto, that God may save you from Hell’s terrible abyss. Almighty God said:

“God will not forgive any the association of anything with Him; but He will forgive any lesser offense to whomsoever He chooses” [Qur’ân 4:47, 115].

It should be mentioned that Almighty God will forgive those who have ascribed partners Him, or worshipped others along with Him, if they repent from doing it before they die].

Such pertinent knowledge consists of four basic rules, elaborated in Almighty God’s Holy Book.

First Rule:

The first rule is the knowledge that the unbelieving pagans whom the Prophet Muhammad, the peace and grace of God be upon him, opposed, did acknowledge that Almighty God – May He be glorified – is indeed the Creator, Provider and Maker of this world. However, this did not make them Muslims. Evidence therefore is in the verse:

“Ask them: ‘Who sends down for you your provision from the sky and grows it out of the earth? Who hears your prayer and sees your condition? Who brings the living out of the dead and the dead out of the living? Who directs the course of the world?’ They will answer: ‘God.’ Answer: ‘Would you then not fulfill your duty to Him?'” [Qur’ân 10:32].

Second Rule:

The second rule is to know that the unbelievers claim that they do not pray to their objects of worship and call on them except to the end that they may intercede on their behalf with God, as the verse said:

“Those who worshipped others as patrons beside God, claiming that they did so only to come through their intercession nearer to Him, will receive the judgment of God in the matter they contend. God will not guide the ingrate, the liar” [Qur’ân 39:3].

Evidence regarding intercession is in the verse:

“They serve beside God beings which can neither benefit nor harm, claiming, ‘These are our intercessors with God.'” [Qur’ân 10:18]

There are two kinds of intercession, one illegitimate and the other legitimate. The former is that which is sought from sources other than God regarding matters where all the power lies in God alone. Evidence for this is-in the verse:

“O men who believe, spend of that which We have provided for you before the Day when there will be neither sale nor purchase, neither favors nor intercession. The unbelievers are themselves unjust.” [Qur’ân 2:254]

The legitimate intercession is that which is asked of Almighty God, where the intercessor receives his power from Him, and the interceded for is he whom God is pleased to accept as such for his word and deed. Almighty God said:

“No one may intercede with God except by His permission” [Qur’ân 2:55].

Third Rule:

The third rule is the knowledge that the Prophet Muhammad, may God bless him and give him peace, appeared among people of many religious traditions. Some worshipped angels; others worshipped the prophets and saints of God; others worshipped trees and stones, sun and moon. All of these peoples were fought by him, as they must, relentlessly without distinction. Evidence therefore is in the following Qur’ânic verses:

“And fight them, that there may be no aberration in religion, and all religion belongs to Almighty God” [Qur’ân 2:193].

“Day and night, sun and moon, are His creation and sign. Do not .worship the sun or the moon, but God, their Creator, if you seek the truth” [Qur’ân 41:37].

“Almighty God does not command you to take the angels and prophets as Lords” [Qur’ân 3:80].

“And God said to Jesus, son of Mary: ‘Did you ask men to take you and your mother for objects of worship beside Almighty God?’ He answered: ‘Praise be to You, O God! How can I have asked that which is not mine to ask? If I did, You know it and all that is in my mind. I do not know what is in Your mind, O Transcendent, All- Knowing God! I have not conveyed to them except what You have commanded me to convey, namely, Worship and serve God, my and your only Lord. I was a witness for You in their midst. When You caused me to die, You took over the witnessing on them as well as on all else. If You punish them, they are Your creatures; and if You forgive them, You are the Mighty, the Wise” [Qur’ân 5:116-118].

“Those unto whom they pray [i.e., the saints] themselves seek an avenue to their Lord’s mercy, compete in coming close to Almighty God, and fear His punishment. Punishment of your Lord is certainly to be shunned” [Qur’ân 17:57].

“Have you considered al-Lat, al-‘Uzza and the third one Manat? (The names of false gods which were worshipped by the pre-Islamic Arabs) Are yours the males and His the females? Is this not ridiculous? All of them are but names which you have named, following the example of your ancestors. God gave no voucher for them. You follow but a guess and your own desires” [Qur’ân 53:19-23]

Fourth Rule:

The people who associate partners with Almighty God, in both belief and worship, in our own day are worse and hence more guilty than those of pre-Islamic times. For, the ancient ones used to only worship others besides God in prosperity and return to genuine faith in adversity, whereas the present day associationists are constant in their unbelief, regardless of prosperity or adversity. Evidence for this is in the Qur’ânic verse:

“And when they ride in barks [in stormy seas] they address their prayers to Almighty God in complete sincerity, but relapse into shirk (i.e. associating partners with Him) when they reach the shore” [Qur’ân 29:65].

May the peace and blessings of Almighty God be upon Muhammad, his Companions and all those who follow him until the Last Day.

Mar 25 2009

Polishing the Hearts

by Ibn al-Qayyim al-Jawziyyah

Allaah – the Most High – said:

“O you who believe! Remember Allaah and remember Him a lot.” [Soorah al-Ahzaab 33:4I].

“Those men and women who remember Allaah a lot.” [Soorah al-Ahzaab 33:35].

“So when you have finished the rights of your Pilgrimage, then remember Allaah as you remember your fore-father, or with more intense remembrance.” [Soorah al-Baqarah 2:200].

These verses contain a command to remember Allaah intensely and abundantly, since the worshipper is in dire need of [remembering Allaah] and cannot do without it even for a twinkling of an eye. This is because every moment that a person does not spend in the dhikr (remembrance) of Allaah will not be of any benefit to him. Rather, the harm entailed in being neglectful of the dhikr of Allaah is far greater than any benefits that can be gained. One of the ‘aarifeen (those who are knowledgeable about Allaah) said:”If a person were to spend such and such number of years engaged [in the dhikr of Allaah], then he turns away from it for just a moment, what he will lose is far greater than whatever he has already gained.”

Al-Bayhaqee relates from ‘Aaishah radiallaahu ‘anhaa that the Prophet sallallaahu ‘alayhi wa sallam said: “There is no time in which the son of Aadam does not remember AIIaah in it, except that it will be a source of regret for him on the Day of Judgement”2

Mu’aadh ibn jabal radiallaahu ‘anhu relates that the Prophet sallallaahu ‘alayhi wa sallam said: “The people of Paradise will not have any regrets except for those moments in which they were not engaged in the dhikr (remembrance) of Allaah.”3

Mu’aadh ibn Jabal also relates that Allaah’s Messenger sallallaahu ‘alayhi wa sallam was asked: What action is the most beloved to Allaah? So he replied: “That you continue to keep your tongue moist with the dhikr of Allaah, until you die.”4

[POLISHING THE HEART]

Abu Dardaa radiallaahu ‘anhu said:”For everything there is a polish and the polish for the heart is the dhikr of Allaah”.

Al-Bayhaqee relates from Ibn ‘Umar radiallaahu ‘anhu that AlIaah’s Messenger sallallaahu ‘alayhi wa sallam said: “For everything there is a polish, and the polish for the hearts is the dhikr (remembrance) of Allaah. There is nothing more potent in saving a person from the punishment of Allaah than the dhikr of Allaah.” It was said: Not even Jihaad in the path of Allaah. So he replied: “Not even if you were to continue striking with your sword until it breaks.”5

There is no doubt that hearts becomes rusty just as copper and silver coins become rusty. The polish for [this rust] is the dhikr of AIlaah. This is because [dhikr] is like a polish [which polishes the heart] like a shiny mirror. When dhikr is left, the rust returns. But when dhikr resumes, then the heart is [again] polished. And hearts become rusty due to two things:-

(i) neglecting remembering Allaah, and

(ii) committing sins.

The polish for these two things is:-

(i) seeking Allaah’s forgiveness and

(ii) dhikr.

[CONFUSING TRUTH WITH FALSEHOOD]

Whoever neglects [remembering Allaah] most of the time, then his heart will become rusty in accordance with how neglectful the person is. And when this [filthy] rust accumulates on the heart, then it no longer recognises things as they really are. Thus, it views falsehood as if it is the truth, and truth as if it is falsehood. This is because this rust darkens and confuses the heart’s perception, and so it is unable to truly recognise things for what they really are. So as the rust accumulates, the heart gets blackened, and as this happens the heart becomes stained with this filthy rust, and when this occurs it corrupts the heart’s perception and recognition of things. The heart [then] does not accept the truth nor does it reject falsehood, and this is the greatest calamity that can strike the heart. Being neglectful [of dhikr] and following of whims and desires is a direct consequence of such a heart, which [further] extinguish the heart’s light and blinds its vision. Allaah – the Most High – said:

“And do not obey him whose heart We have made to be neglectful of Our remembrance, one who follows his own whims and desires and whose affairs are furat [have gone beyond bounds and whose deeds have been lost].” [Soorah al-Kahf 18:28].

[QUALITIES OF A GUIDE]

So when a worshipper desires to follow another person, then let him see: Is this person from the people of dhikr, or from the people who are negligent [about remembering Allaah]? Does this person judge in accordance with his whims and desires, or by the Revelation? So, if he judges by whims and desires then he is actually from those people who are negligent; those whose affairs have gone beyond bounds and whose deeds are lost.

The term furat [which occurs in the above verse] has been explained in many ways. It has been explained to mean:- (i) losing the rewards of that type of action which is essential to do, and in which lies success and happiness; (ii) exceeding the limits of something; (iii) being destroyed; and (iv) opposing the truth. Each of these sayings are very close in meaning to each other.

The point is that Allaah – the One free from all imperfections, the Most High – has prohibited following all those who possess such attributes. So it is absolutely essential that a person considers whether such attributes are found in his shaykh, or the person who’s example he follows, or the person that he obeys. If they are, then he should distance himself from such a person. However, if it is found that the person is, in most cases, pre-occupied with the dhikr of Allaah and with following the Sunnah, and his affairs do not exceed the limits, but rather he is judicious and resolute in his affairs, then he should cling to him very firmly.

Indeed, there is no difference between the living and the dead, except with the dhikr of Allaah; since [the Prophet sallallaahu ‘alayhi wa sallam] said: “The example of one who remembers Allaah and someone who does not, is like the example between the living and the dead.”6

(Al-Istiqaamah)

FOOTNOTES:

1. AI-Waabilus-Sayyib min Kalimit-Tayyib (pp.78-82).

2. Hasan: Related by Abu Nu’aym in al-Hiliyatul-Awliyaa (51361-362). It

was authenticated by Shaykh al-Albaanee in Saheehul-Jaami’ (no.5720).

3. Saheeh: Related by lbnus-Sunnee in ‘Aml al-Yawma wal-Laylah (no.3).

Refer to Saheehul-Jaami’ (no.5446).

4. Hasan: Related by lbn Hibbaan (no.2318). It was authenticated by

Shaykh Saleem al-Hilaalee in Saheeh al-Waabilus-Sayyib (p.80).

5. Saheeh: Related by Ahmad (4/352), from Mu’aadh ibn Jabal radiallaahu

‘anhu. It was authenticated by al-Albaanee in Saheehul-Jaami’ (no.5644).

6. Related by al-Bukhaaree (11/208) and Muslim (1/539).