[Slideshare] fiqh-course-#7-(feb-2013-batch)-khilafiyyah-(27-march-2013)

IN THE NAME OF ALLAH,
MOST COMPASSIONATE,
MOST MERCIFUL. “INTRODUCTION TO THE
STUDY OF FIQH ”
Intermediate Level Islamic course in English for Adults
conducted by Ustaz Zhulkeflee Hj Ismail

LESSON # 7 –
“IKHTILAAF“ –
DIFFERENCE OF OPINION
AMONGST THE MADZAAHIB
And say: O Lord! Increase for me my knowledge

Using text & curriculum he has developed especially for
Muslim converts and young Adult English-speaking Muslims.

“To seek knowledge is obligatory upon every Muslim (male & female)”

UPDATE 27 MARCH 2012
All Rights Reserved © Zhulkeflee Hj Ismail (2013)
)

MOST COMPASSIONATE, 18 weekly class started: 6 FEBRUARY 2013
MOST MERCIFUL.
Every Wednesday night @ 8pm – 10pm
Wisma Indah, 450 Changi Road,
#02-00 next to Masjid Kassim.

TOPIC FOR : 27 MARCH 2012

LESSON # 7 –
“IKHTILAAF“ –
DIFFERENCE OF OPINION
AMONGST THE MADZAAHIB

And say: O Lord! Increase for me my knowledge

“INTRODUCTION TO THE STUDY OF
FIQH ”
)

MOST COMPASSIONATE,
MOST MERCIFUL.

)

MOST COMPASSIONATE,
MOST MERCIFUL.

“O ye who believe! Obey Allah and obey the Messenger and those
charged with authority among you.
If ye differ in anything among yourselves, refer it to Allah and His
Messenger if ye do believe in Allah and the Last Day : that is best,
and most suitable for final determination.”
(Qur’an: An-Nisa’: 4: 49)

)

)

PRECEDENCE DURING TIME OF THE PROPHET 1

During the Battle of the Confederates, the Prophet is
reported to have said to his Companions:

"Do not perform the mid-afternoon (`asr) swolah until you
get to the [place of] Banu Qurayzah."

While still on their way, the time of the swolah came ....

(Hadith reported by Bukhary and Muslim)

)

1

... Some of the companions said, "We will not perform the
swolah until we get to the [place of] Banu Qurayzah" while
some others said, "We shall pray. That [saying of the
Prophet] will not prevent us [from praying now]."

The matter was later brought before the Prophet and he did
not disapprove of either group.


)

ANOTHER PRECEDENCE DURING TIME OF THE PROPHET 2

`Amr ibn al `Aas r.a. said: “One cold night during the Dhaat al
Salaasil campaign, I had a wet dream.

I feared that if I performed Ghusl’ [necessary bath after ritual
impurity] I would die [from the cold].

So I performed Tayammum [dry ablution] instead, then
performed the Fajr’ swolah (dawn prayer) with my
companions. ...
(Hadith reported by Abu Dawud and Hakim)

)

2
.... This was mentioned to the Prophet who asked:

“Amr! You performed the prayer with your companions while
you were in a state of impurity [junub]?”

Whereupon I recalled to him the verse of the Qur'an:

`And kill not yourselves. Indeed Allah has been most Merciful to
you.' (Qur’an: Surah An-Nisa’: 4: 29)

The Prophet laughed and said nothing.

(Hadith reported by Abu Dawud and Hakim)

)

ANOTHER PRECEDENCE DURING TIME OF THE PROPHET 3

Abu Sa’ed al-Khudri r.a. said: “Two men went on a journey. The
time for prayer (Swolah) came and, as there was no water, they
performed Tayamum (dry ablution).

Then they continued and later came upon water, while still
within the time of the prayer. So, one of them took ablution and
re-performed the (same) prayer (Swolah), while the other man
did not.

When they met the Messenger of Allah s.a.w., they enquired
from him as to the proper procedure in such a case....
(Hadith reported by Abu Dawud and Nasa-’ie)
)

3

... He (Messenger of Allah s.a.w,) said to the one who did not
repeat the prayer (Swolah), :

“You have acted (correctly) according to the Sunnah and your
prayer is sufficient for you.”

He then turned to the other man and said: “You will get double
the reward.”

(Hadith reported by Abu Dawud and Nasa-’ie)
)

 “ikhtilaaf” denotes taking a different position
or course from that of another person either in opinion,
utterance, or action. To differ or have a different opinion.
 The related word “khilaaf” (discord) - although from
the same root as “ikhtilaaf” sometimes used synonymously
- mean “difference, disagreement, or even conflict” is
broader in meaning with implication of concept of direct
opposition; whereas “ikhtilaf” is to be “different which does
not necessarily imply conflict” .
)

 “Dialectics” (Jadal) implies “carrying out a
discussion in a contentious manner in order to gain the
upper hand.” The term ‘jadal’ in the original is used in the
sense of "braiding" a rope. It conveys the sense of
stretching and arm-twisting exercised by disputants while
each endeavours to force the other to accept his point of
view.

)

 Sometimes a dispute may become severe and harsh with
the disputant's only concern being, to get the better of
his opponent. There is no concern for finding out the
truth or for clarifying what is right. This precludes any
form of mutual understanding or agreement. The term
“dissension” (shiqaaq) may be applied to
such a situation (disunity; a breach in relation, etc.).

)

 The differences or “ikhtilaf ” which occurred among our
forebears in early Muslim history, and which continue to
be with us, are part of this natural manifestation of variety.
 Thus as a phenomenon – “ikhtilaf ” could prove to be
positive and extremely beneficial, provided that such
differences do not exceed their limits; and provided they
remain within the standard norms of ethics and proper
behaviour – ADAB.

)

IF
IKHTILAF NO
T
M
(holding to deferring views) AN
AG
ED
W
ILL
GO
MUNAZA-’A DO
(asserting a difference in one’s opinion) W
N
TH
E
SL
IP
ER
RY
SL
MUJADALAH OP
E
(disputation - argumentation)

MUFARRAQOH – INSHIQAQ
(divisive - enmity)

)

“ If Allah had willed, those [generations] succeeding them
would not have fought each other after the clear proofs
had come to them. But they differed (IKHTALAFUU), and
some of them believed and some of them disbelieved. And
if Allah had willed, they would not have fought each other,
but Allah does what He intends.”
(Qur’an: Baqarah: 2: 253)

)

“And hold fast, all together by the rope which Allah
(stretches out for you), and be not divided among
yourselves; (LAA- TAFAR-RO-QUU) and remember with
gratitude Allah's favour on you; for ye were enemies and He
joined your hearts in love so that by His Grace, ye became
brethren; and ye were on the brink of the pit of fire, and He
saved you from it. Thus doth Allah make his signs clear to
you: that ye may be guided.”
(Qur’an: Aali ‘Imran: 3: 104)

)

“And obey Allah and His Messenger; and do not fall into
disputes (LAA-TANA-ZA-’U), lest ye lose heart and your
power depart; and be patient and persevering: for Allah is
with those who patiently persevere.”
(Qur’an: Anfal: 8: 46)
)

1. The Companions (AS-HAABI), may Allah be pleased with them,
tried as far as possible not to disagree. They did not make much
about marginal issues but treated the matters that posed
controversy in the light of the Prophet's guidance. This manner
of dealing with actual situations normally does not leave much
room for argumentation, let alone dispute and discord.
2. If differences still occurred despite attempts to avoid them, the
Companions would quickly refer the disputed issue to the
Qur'an and to the Prophet, and any controversy would be
quickly dispelled.

)

3. The Companions reacted with a ready obedience and
commitment to the judgment of the Qur'an and the Prophet
and their complete and total submission to it.
4. The Prophet used to point out to his Companions what was
right and what was wrong with regards to controversial
questions open to interpretation.
5. On their part, the Companions had mutual trust, honesty and
respect in the genuineness of each other's judgments. This
approach guaranteed the preservation of mutual respect
among fellow Muslims who differed, and also kept fanaticism
and bigotry at bay.
)

6. Commitment to God-consciousness (TAQWA) and avoidance of
personal whims (HAWA) made the pursuit of truth alone the
goal of those who differed over an issue. It did not matter to
anyone in a discussion whether the truth was voiced by him or
by another person.
7. They adhered steadfastly to the Islamic norms of behaviour
during argumentation (ADAAB-UL-IKHTILAF). They discussed
matters politely and amicably, avoiding the use of vile and
insulting language. Each was prepared to listen attentively to
the other.

)

8. They eschewed hypocrisy and flattery as far as possible and
exerted every effort to investigate an issue objectively. This
practice, characterized by the seriousness of the argument and
respect for the other person, would force the disputant into
either accepting the other point of view or advancing a better
opinion.

)

“Whosoever engages in any disputation (debate) without
(basing his argument with) knowledge, Allah’s anger is
upon him until he leaves it (the disputation).”

(Hadith quoted by Imam Ibn Hajar in “Az-Zawajir”)

)

“Three things will afflict (calamity upon) the religion:
Learned scholars who are immoral; leaders who are
unjust (oppressive); and those who give religious decree
(Ijtihad) are ignorant.”
(Hadith reported by Ad-Dailamy from Ibn ‘Abbas r.a.)”)

)

“Amongst you, after receiving guidance, you will not go astray except
for those who then enter into debates (merely for argument sake) .”
Then he (Prophet s.a.w.) recited a verse (Qur’an: Zukhruf: 43: 58):
“They raise not the objection save for argument.
Nay! but they are a contentious folk.”
(Hadith quoted by Imam Ibn Hajar in “Az-Zawajir”)

)

“Whoever seeks knowledge (intending) to argue with
the learned (scholars), or to brag with the foolish;
or with it to attract peoples’ attention to himself;
Allah will make him to enter the Hell-fire.”
(Hadith also reported by Tirmidzi and Ibn Majah)
)

“(‘ilm) Knowledge without Adab,
is like (having) fire (but) without wood (fuel);
and Adab without knowledge (‘ilm) ,
is like (having) the Soul (but) without body.”

)

“To leave (i.e. to refrain from) responding to the ignorant,
is (already itself) a response.”

)

“For he who seek the Truth, one proof (basis) is sufficient;
Whereas to a contentious arrogant person,
a thousand (proofs) will never satisfy him.”


 The Muslims from whichever MADZAAHIB, are in agreement with most
rulings in FIQH.

 It is only in areas of details (i.e. where several interpretations are possible
from the Qur’an and Ahadith); or when no explicit basis (QAT-’IE) can be
adduced from these primary sources - that IJTIHAD are permitted to be
done.

 It is in this context of IJTIHAD by the different schools or by scholars that
issues of KHILAAFIYAH occurs. This point is to be understood.

)

 Regarding IJTIHAD, the Prophet Muhammad s.a.a.w. said:

“When a jurist judges by making IJTIHAD (exhausting his scholarly ability
to derive the ruling) and his ruling is correct, his reward will be double,
And when his IJTIHAD is in error, (still) he receives one reward.”

)

TAUFIQ
(success)

(astray) (astray)

HIDAAYA
PARABLE OF
(guidance)
THE ROAD

)

TAUFIQ
(‘Bulls-eye’)

(missed completely) (missed completely)

HIDAAYA

PARABLE
(on target) IN
ARCHERY
)

 Thus, those who are quick to brand as reprehensible innovation
(BID’AH ), regarding the other MADZAAHIB’s religious ruling on a
matter which differ from theirs – and thence judged them as
‘astray’(DHOLALAH), only exposes their ignorance (or rather, bias,
self-conceit and arrogance) on the matter.

 This is because, since IKHTILAF is in principle, the outcome of IJTIHAD
(even if found to be wrong, it is still in compliance with this Sunnah),
so how can it then become a BID’AH DHOLALAH (innovation)?

)

 An Islamic scholar who has a different view point (on issues which
has no QAT-’IE basis) and chose not to follow other scholars in
matters of their IJTIHAD (thus the IKHTILAF), yet they would never
condemn the others’ opinion and claim his own view to be the only
correct one.

 NOTE: There cannot be any IJTIHAD in matters which have
conclusive basis from primary sources or clearly upon ( USUL)
principles or which have been unanimously agreed upon ( IJMA’).

)

 Just as in any legal ruling, jurist would only present his legal basis –
ratio decidendi – so that it may be checked or compared with what
the other scholars (jurists) have relied upon which differ from his
ruling. Purpose is to show why his opinion, although may be
different, yet can be validly substantiated.

 By this, it imply that though other juristic rulings are generally also
correct, but his do differ with them due some preferred basis on his
part, or available evidence regarded as more accurate or having
stronger basis.

)

 Those who imagine that KHILAAFIYAH ought to be eradicated (thus
their aversion to MADZAAHIB), must examine their own
understanding of FIQH, as well as their reason for wanting to do this
now, when Ulama’ before them had always tolerated these with
ADAB.

 They seem to forget the humility of Imam Malik r.a. who refused the
Caliph’s suggestion to make his “Al-Muwatta’” as the official text for
every one.

)

 Also, they obviously (or conveniently?) forget that IKHTILAAF had
always existed even amongst the ASHAABIY (companions) of the
Prophet s.a.w. who, himself, had tolerated them in most instances.

 Although there are exceptions as when a different opinion of certain
companion was rejected by the Prophet s.a.w. , but the types of
opinions he warned them against (or corrected even), were those
hastily done, or made from ignorance (without knowledge), or which
may lead to immorality, or in matters contradicting known principles
of the Qur’an and As-Sunnah.

)

PRECEDENCE DURING TIME OF THE PROPHET

Jaabir r.a. Narrated, “We were on a journey and one of us was
injured. Later he had a wet dream (thus in Janabah). He asked his
companions “Can I perform Tayamum (dry ablution using dust)?”

They said “No, not if you have water!”
So he performed Ghusl’ (full obligatory bathe) and, he died.

When they came to the Messenger of Allah s.a.w. , they informed
him concerning what had happened. ........

)

... He (the Messenger s.a.w.) said:
“They killed him, Allah will kill them. Do you not ask if you do not
know? The remedy for ignorance is to ask question!

He could have performed Tayamum and prevent water from his
wound or wrapped it with something and wipe over the wrapping,
and wash the rest of the body.”

(Hadith reported by Abu Dawud, Ibn Majah, Daruqutni and Ibn Sakin )

)

“(Honour) My successors (Khulafa’), may Allah s.w.t. be
Merciful towards them!.”

He was asked:
“Who are your successors (Khulafa’) O Messenger of Allah?”

And he said:
“They are those who revive my Sunnah (Way or traditions)
and teaches them to the servants of Allah.”

(Hadith of the Prophet s.a.w.)

)

"Verily Allah does not remove knowledge from the (hearts of the)
people, rather he takes away knowledge by taking away its
people (the true scholars – ‘ULAMA), until there are no more
scholars, the people then take leaders that are ignorant, and
when they are asked, and give fatwas – religious rulings, (they
give) without knowledge, so they misguide and are misguided.“

(Hadith reported by Ashaab as-Sunnan from Ibnu ‘Umar r.a .)

)

“When a trust (AMANAH)is neglected,
then wait for the time (of its destruction).”
Somebody ask:
‘How shall this be neglected O Messenger of Allah?’
He the replied: “When a matter (affair) is given over,
not to its rightful (legitimate) person (AHLIHA),
then wait for its time (of destruction).”

(Hadith reported by Bukhary)

)

“If anyone contends (YU-SHAA-QIQ) with the Messenger even
after guidance has been plainly conveyed to him, and follows
a path other than that becoming to men to Faith, We shall
leave him in the path he has chosen, and land him in Hell,
what an evil refuge.”
(Qur’an: An-Nisa’: 4: 115)
)

 We are aware of certain groups whose agenda is to encourage ideas
of ‘liberalism’ , inciting anarchy and deviationist ideas amongst the
general Muslim mass, but they cite the teachings of tolerance for
KHILAAFIYYAH” as an excuse or justification for themselves.

 We must reiterate that we are only to tolerate KHILAAFIYYAH
amongst true practicing Islamic scholars – ‘ULAMA AL-’AAMILEEN.

 KHILAAFIYYAH does not include those of the ignorant, or those clear
erroneous and deviant teachings of the ‘pseudo-scholars’.

)

 We have to be warned that, there are Orientalists and their Western-
schooled ‘Muslim academician’ with similar traits, undermining the
position and attempting to usurp the position of true traditional
Islamic scholars.
 These pseudo-’ULAMA introduce deviant teachings disguised as
KHILAAFIYYA, by conveniently omitting (hide, ignoring etc.) or
pretending that they did not exist to conceal the real or principle issue
which the true ‘ULAMA had already highlighted and proven as an
obvious deviancy. They knew that most ordinary Muslims are
unaware.
)

 Their approach is so that they can then introduce innovation ( BID’AH)
in the form of methodologies and alien standards or criteria they have
learnt from the non-Muslims - imposing it upon the Muslims’
academic discourse e.g. Hermeneutics, humanism, femininism,
modernism, Secularism, pragmatism, contextualism, etc. Their actual
agenda is to furthering their orientalists, liberal, modernist or
secularist ideology for the contemporary Muslims to adopt or adapt.
 This is the classic example of “the rise of false leaders” which Prof.
Syed M. Naquib Al-Attas reminded us to be very wary of.

)

 They insist that Islam ought to be changed in accordance with these
‘progressive’ standards – without critically analyzing these in the light
of the SHARI-’AH first.

 As long as Muslims adhere to ADAB, such people cannot easily usurp
the position of our respected ‘ULAMA. When ‘light of the sun’ is
present, these pretentious ‘scholars’ cannot but be exposed as fraud.
 Thus these ‘false leaders’ would always attempt at dismissing the
need for Muslims to conform to ADAB. Inciting attitude of arrogance
and ‘leveling’ in the Muslims of the true ‘ULAMA – a state of
anarchy.
)

 Muslims must learn the DEEN as traditionally conveyed, thoroughly and
with ADAB so as to benefit from the wisdom and legacy of Islamic
scholars because our Islamic scholars have already refuted most of
these ‘orientalist’ works and ‘false-standards’.
 Many of these ‘pseudo-scholars’ are either dishonest by pretending
that previous refutations never existed, or perhaps they themselves are
unaware of it because most of them either; they do not read original
Arabic works but rely upon ‘academic’ discourses of the orientalists; or
seeking to promote themselves by being ‘controversial’.

)

 As most of their works are in English, thus English-speaking Muslims
may be very susceptible to such controversies disseminated by them.
 Such ideas are mostly disseminated on the internet, in books,
through closed door seminars, research groups, etc. done within
certain exclusive circles or study-groups in non-Arabic languages,
even sponsored by Western universities and ‘Foundations’ – while
omitting , challenging, attacking and even distorting some of the
views of the traditional Islamic scholars amongst the Ummah,
pretentiously styling themselves as ‘contemporary reformers.’

)

 There may be amongst them known ‘Islamic scholars’ exiled to or
domiciled in the West. Some are true and sincere scholars while
there are others who may have been rejected by their peers for
some deviancy or even heresy which they held and promoted.
 Some other ‘pseudo-scholars’ or even ‘ wannabes’ may be seeking
recognition via associating themselves with such scholars. Others
perhaps may even be “academics-for-hire” type obviously are under
the payroll of their ‘patrons’, with certain agenda against Islamic
ascendancy and the spread of traditional Islam.

)

“An immoral man of learning is a great evil,
yet a greater evil is an ignoramus leading a ‘godly’ life.
Both are a great trial (FITNAH) everywhere,
to whomever depends to them both (for guidance),
in holding on to his religion”

REFLECTION:
We would indeed be afflicted with this Fitnah (trial). Only with appropriate
knowledge and irshaadah, and more importantly Taufiq wal-Hidaa-ya from Allah SWT.
would we be saved from its evil.

)

REMEMBER THIS IMPORTANT COMMAND

“O ye who believe! if you are conscious of and fear Allah
(TAQWA), He will grant you a criterion (FURQAN-to judge
between right and wrong), remove from you (all) evil (that may
afflict) you, and forgive you: for Allah is the Lord of grace
unbounded.”
(Qur’an: Anfaal: 8: 29)
)

MOST COMPASSIONATE,
MOST MERCIFUL. TO BE CONTINUED

LESSON # 8 –
CONTROVERSIES

BID’AH – A CLARIFICATION

“INTRODUCTION TO THE
STUDY OF FIQH ”
)

IMPORTANT DU’A

ALLAA-HUM-MA – ARI-NAL-HAQ-QA - HAQ-QAN
WAR- ZUQ-NAT - TI-BAA- ’A
WA-ARI-NAL – BAA-TWILA – BAA-TWI-LAAN
WAR-ZUQ-NAJ – TI –NAA - BAH

“O Allah! Make us see the Truth to be true
and grant us the ability to follow it.
And make us see Falsehood to be false
and grant us the ability to reject it.”
)

All welcome to visit my web-blog:

http://an-naseehah.blogspot.com/
http://introductiontotauhid.blogspot.com/
http://oyoubelievers.blogspot.com/
http://al-amthaal.blogspot.com/
http://zhulkeflee-archive.blogspot.com/
http://criteriaforaholybook-quran.blogspot.com/
http://with-the-truthful.blogspot.com/
http ://muqaddam-nurul.blogspot.com/

) 65

[Slideshare] fiqh-course-#7-(feb-2013-batch)-khilafiyyah-(27-march-2013)

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