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Schools Of Islamic Law Part 2
Channel: Bilal Philips
File Size: 13.37MB
Episode Transcript ©
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More than 50% of the rulings made,
disagreed with them and offered alternative rulings based on new information which he had gathered, which was not available to Abu hanifa. At the time when those rulings were made. This was the spirit of this companions.
However, the fanatical
hand of the he will say, well, Abu hanifa was born before any of the other emails.
You know, he was born in 713.
However, they fanatical
had nothing to say, well, Abu hanifa was born before any of the other emails.
You know, he was born in 713,
out of 706, or something like this. And
Mr. Maliki was born February 17. There's a difference of 14 years.
That is, in my mind, he was 14 years old when he was born. So because of that, he's the great dream. But he says,
you have another school of thought, which exists till today was at school.
Most people don't know what they do. School was
the day the School of Islamic law is practiced mainly now in Yemen.
It was founded by
one of the descendants of
he founded a school of Islamic law called the day the school and it has its own system of derivation of Islamic law, that cetera et cetera, and as the following history, etc. And guess what Imam Zaid was born
So, those who want to claim that
the greatest because he was born the first Well guess what? Mom, dad was born before him.
So it is not about who was born. So once
something well, okay, I need for, you know, he met the students of the companions, he studied under the students of the companions.
my grandfather was a companion of the Prophet Parmesan.
In my mother's grandfather, his father's father was a companion of Prophet.
So we can start to argue one was greater than the other because of this, because you're always going to find other arguments, other factors, which could promote another scholar over those scholars.
The scholars were great scholars of their time, who strove to
help the people arrive a judgment
which would be suitable for the circumstances they were in.
They arose out of a necessity, because the leadership of the oma has deviated and could no longer be depended upon to make correct
and acceptable rulings for the oma because they were beginning to make rulings which were in their own personal interest.
Due to the deviation which took place, this is the reality. Now
we look briefly at some of the reasons for which a differences of opinion occurred amongst the scholars.
If all of the scholars
and we just deal now with the four as well as
if all of them base their rulings on the Koran on the sooner on the edge Ma, or the consensus of opinion of the Sahaba and the early generation of Muslim scholars, as well as on the basis of deduction, by way of analogy called trs. Why then, was there a difference?
see is that
the companions of the Prophet Mohammed wa sallam did not stay in Medina, they spread out all over the Muslim
and they all carried portions of knowledge of the Sunnah an understanding of the Koran with them.
As such, when scholars arose in different areas,
they would gather around them the knowledge which was available in their area,
the Muslim states was that
no the scholars did traveling from place to place to gather knowledge, still, if a person was to try and gather all of the knowledge left behind by the companions, he would spend his whole life just traveling.
So, obviously, there has to come a point scholars studied
when it was necessary for them to take the floor or to take the responsibility of making rulings for the people because they needed these rulings to be made. So they could not spend the whole of their life traveling and gathering up.
So, naturally, the knowledge which they had would be limited to the areas that they lived in or the areas that they traveled in.
This naturally is related specifically to the traditions of the problems are solid.
Because the reality is that the collection of Hades, the gathering of the Hades into books of traditions, which we call the books, etc, this took place after the generation of the great scholars.
What you found actually is that
the latter group of scholars were themselves collectors.
But the main authentic tradition collection, in which the scholars sought to collect and separate the authentic traditions from those which were of dubious origin or those which were not authentic due to weaknesses in their chains of narrations, etc, this efforts took place in the generation after the great amounts.
due to these factors,
one, the availability of hobbies
prevalence or the
existence of weak traditions of the Prophet fellow,
three certain conditions which the scholars set for the acceptance of traditions
and for their differences in approach to resolving apparent
conflicts in the meanings of the traditions, we found different rulings arising amongst scholars.
The second major area of difference
was due to
the differences in meanings that some words carried.
Some words had shared meanings,
shared literal meanings.
Some words had literal and figurative meaning.
And some words due to their
grammatical usage had different possible meanings.
As a result, scholars who were looking at the text of the court Ireland
ended up with different rulings based on these different possible understandings which may be gotten from the text.
Of course, ultimately,
much of these differences
are resolvable when we have the complete compiled ation of the traditions of the Salah, which would then clarify for what was the intended meaning of the given text.
The third reason for differences
was that some of the scholars use principles to deduce laws which were not agreed upon. By
besides these four basic principles,
certain other principles which some scholars introduced like for example, Mr. Malik and his students, they introduced also the principle of
issues or rulings which were agreed upon by the people living in Medina, who are descendants, obviously, of the companions of the Prophet fellow, that this had
weighed in Islamic law, whatever they agreed upon,
must then be given
consideration in the making of rulings because they represented what they agreed upon represented the living Sunnah. As opposed to the sooner which may be narrated, based on a particular incident, which may not have been intended as a general ruling, but its particular case. This was the opinion the other school scholars did not accept this ruling of Mr. Malik and his students. In fact, demand labor was one of the strongest opponents to this line of reasoning. And he and Mr. Malik had a series of debates or discussions on this issue, which took place by way of letters which was within between the two.
The fourth area of difference, the area, which really, the greatest differences occurred, was that in the application of what we call payout or analogy, the fourth principle, because this was based on opinion, on the individual understanding,
this meant that the room for differences now was much greater, because the differences of understandings amongst people is quite varied.
And naturally, the differences in rulings as a result of rulings by way of PR, also
However, the approach of the scholars of this time and their students towards the rulings made in the various schools of thought was one that these rulings should not be considered rigid. As I mentioned to you, Abu hanifa, instructed his students not to write down these rules.
Among Shafi, he was quoted as saying, if
you find an authentic tradition, then this is my intended ruling. In other words, if you find a ruling of mine, but you need to get an authentic tradition, which contradicts My ruling, then the ruling which I would have preferred is that of the authentic tradition. So that is the one that you should follow. This was his advice, Mr. Malik, when he was asked by his companions,
if someone were to follow as a hobby, one of the companions of the Prophet Mohammed Salah if someone were to follow a companion, blindly, whatever the companion rule whatever he judged whatever he did, we just follow that since he was the compiler of the Prophet. So our SLM would that person be on the right path? Imam Malik says, No.
Unless what the companion did or ruled was itself correct, because the truth is one.
I know there is a very popular tradition, which is quoted in some circles, of how we can do the IMF study to make sure that the problems are solved and was supposed to upset my companions are like stars,
any one of them that you follow, you will be rightly guided. However, this tradition is fabricated, is not authentic.
the understanding of the early scholars and their statements, as well as it contradicts the Koran.
Added to this.
force of fabrication is also another tradition, which is commonly quoted, if not Almighty Rama
The laugh Oh material athma the differences amongst my oma is a source of mercy. However, this is a truly trapped fabricated tradition, it cannot be found in any of the books of tradition.
In the case of
my companion, this is a fabricated tradition, but it is found in some of the books of tradition, weaker books.
However, in the case of my differences among my oma is a mercy. This is not to be found in any it has no chain, fabricated 100%.
And people use it to support the idea that you follow whichever way you want, it doesn't matter what way you follow.
It's become something like that wishy washy approach, where people sometimes say that
as long as a person sincerely believes in God, it doesn't matter which route he follows, he will go
you have a group,
in your group, amongst Muslims who have proposed,
you have a similar group amongst Christians, according to one of the nuns who informed us that in the ruling of the Vatican two, in the 16th, it was rude then that
all religions, when people sincerely believe in them, they are all valid path to paradise.
In fact, for us, the path is one
that wins companions one day, and he drew a line in the sand.
one straight line, and then he drew a number of lines off to the side.
When he asked him, you know what this is, they said, I'm on his messenger notes.
He said, this straight line here, this is my path.
the straight path
tells us to ask a dinner Serato study show us
that this is
the path that
myself and my companion.
One, if you didn't draw this one, then the other set of paths on the outside and said you are these are body's messengers.
These are the many piles of misguidance.
And there is a devil at the head of each one calling people
the straight path is one.
The path to Paradise is one.
So it is necessary for us
to seek the truth.
Seek the correct understanding and know
that the path
to Paradise is the path of Islam along
the path of Islam as taught by Prophet Muhammad, Allah
in the Quran, and Sunnah, and as understood by his companions and the early generation of wisdom.
in the time of the passage,
a rise in madhhab fanaticism, that is where people start to say, my must have, do or die
and never give up my mind.
This attitude started to arise on a large scale during the time of the ambassador existed before. This is why some of the early scholars they weren't their companions Don't get involved in their way from it. Don't follow blindly any of the scholars who take from where they
you are students of knowledge, you go back to the same sources that we have used and you take from them.
However, in the time of the bathroom, the bathroom cabinets, the later ones, the early ones, they
gave official state support, to scholar
in an attempt to bring them under their wing.
However, those that came after them
started to deviate.
setup of ruling becoming full fledged kings, and like the kings of their day, they included in their courts
This became in the court of the cabinet, you know, you read about it in 1001 night. It's true. It happened.
Though these things are clearly prohibited in Islam.
This became introduced into the courts of their bathroom cabinet.
And what they added
court, along with the
new the singing girls and women and
they added also a phenomenon known as the court scholar,
the court scholar.
Now, the king and his courtiers, the
rich, the people who are around him.
They would be amused by the
jugglers, the magician,
intrigued by the astrologers
taking pleasure from the singing girl, the dancers, they also took intellectual pleasure from the court scholars what they would do,
because in that time, the main two schools of Islamic thought that were most prevalent in the time, was now the sharp High School and the Hanafi school.
In this time, what they would do is they would have a shot for a scholar on one side, and they had a scholar on the other side, and an issue of Islamic law would be raised.
Somebody would bring up an issue, make it up or whatever.
And the two scholars from either school would start to debate
to determine which was the correct ruling.
And the scholar who won the argument, he was given a prize of so many dinars by the cabinet.
Now, what this encouraged, was mahtab fanaticism,
because the scholars who got into these debates, of course, neither one wanted to lose the argument.
Their sole goal and intent was to win the argument, not to find the truth, but to win the argument.
So you found that these scholars would hold on to their, to their opinion, right till the very end till they're defeated, because to give up their opinion, and accept the opinion of the other school is to, to surrender
to degrade your school of Islamic thoughts.
So this fanaticism started to develop. And also in this period of time, the rise of what they call hypothetical fit, it became it reaches peak, where issues were raised, which people never even dreamed up.
This is why you now find as one brother was relating to me this afternoon, when he was in Perth, the scholar they're in charge of the Muslim community, he gave a friend of his was a convert for Mormonism, Mormon convert, he gave him a book on Islam written by one molano Moly from India.
In it, the scholar presented a series of situations when discussing the issues of
whether your will do is retained or not. And he began to talk about if a man has sexual relations with a corpse and if he has relations with animals, and if he has relations with another man with his will do he still has will do he does not do
this thing which was so repulsive when this Mormon former Mormon would convert to Islam, he started to read this you start to what what?
You know, I'm truly myself when I was in Singapore last year by
visited during the Muslim Congress Association there, they have a book which they distributed amongst the newly conference and so on. So I was reading through this book,
but also a book written by a scholar from India, more than we saw, and so,
and in it in that same area concerning what he was talking about, what their personalities would do if he had sexual relations with a fish, oh,
my God, what is this?
This is the, the baggage.
The baggage, which evolved out of that period of hypothetical speculative fiction, which ended up being written down and handed down, you know, it was the generations of, of Latter Day scholars who no longer exercise he had in the sense of really trying to find practical ruling, but there were just, you know, mechanically recording materials from the early generations maybe giving some explanations on these early rulings, and then explanations on the explanations on the explanations on the explanation is what you found a body of, of scholarship developed, which was, you could say, in a state of decay.
And also, in order not to put it all in the Hanafi madhhab. We also have to this day, in some books on sixth chakra,
I remember reading one particular
map Allah or ruling, which is a book still today you can read
about the case of an individual
who passes when been to a bank.
If he gives us back to somebody else, and he opens the bag and the wind comes out this rake is
to do with love.
This is obviously have no relationship to reality and visual application of religious.
But this is the height of ridiculousness. And this kind of speculative fit, you know, brought people to
and in this period of time, a calamity befell the oma, the Mongo came through, in 1258, and they destroy it
by the dad, and the books with the centers of Islamic learning with that region. And in this period of time, from that point on, you see a major decayed and decline in the process of HDR, the process by which scholars sought to find new ruling. And in this period, this period following the decline of the fall of Baghdad, we find scholars making the ruling that it was prohibited from anyone to switch from one method to another. And if a judge found a person skipping from one method to the other, he had the right to assign a punishment for him.
This ruling came about it was in this period also, that we found that the masjid which were built those To this day, you can find them in Syria and parts of Iraq, where they will have in the masjid You know, this is called a merabh.
Where the amount was,
this was nothing that mattered of the profit margins on some of them
was not there. This was something which was developed by early generations of Muslims as the the structure of the the
architecture of the mosque evolved. This was a means of amplifying the voice of the Imam was the purpose of it. Today we have a microphone. If this is going to cost the extra money, to put it in a massive is squandering your money.
As I said the purpose was to amplify the voice of the Imam. If we have microphones today, this becomes
It becomes just something which people associate them up to you must have made up so they put it now. Anyway. The point is that the machines which were built in this period of time, they used to have those in the market to this day you can find them they have two different
right. One left Rob for the canopies and one for the shop. When the time for prayer used to call the
to be a mountain you would get up and all the HANA fees in the masjid would pray behind him. When he was finished in the shop, a man would get up and all the Sharpies would play behind him.
What we had here was two different religions.
And guess what, it didn't end there.
These divisions did not end. In the individual, Marxist were built in different parts of the Western world. It reached a point where this also
happened around the car by itself.
They play around the Kaaba, different structures, if you look at pictures of the
the mark in Mecca,
Mecca, before the 20s photograph their photograph, you can see
of the market structure and you will find in some of the, the carpets that they make with pictures of the Kaaba, you will find in some of them, structure you will see these structures around the Kaaba.
If you're wondering what they were what they were four main structures, these were the structures, which represented the Miss Harada for each of the four schools of Islamic law.
And for hundreds of years in Mecca, up until the 1920s.
Whenever the time for prayer came, the amount of the hammer fees would get up and those making Tawana fees pray
when he was finished and the amount from the Maliki's was going on.
in the center of
when the Prophet Muhammad
had said that it is prohibitive to play
the part where twice
for you to have an established demand
for him to pray after two times, this is not allowed.
If you don't have an established demand to be used by a number of different people, then of course it's possible I
gather in the master they pray and another group they come after them. But when you have an established Imam, only one
not allowed to pray.
However, as I said,
the situation deteriorated to the point where the different schools of Islamic law became like different
sects of Christianity. In fact, it was ruled in the Hanafi madhhab that it was prohibited
for a hanafy woman.
At first it was 400 feet to marry a sharpie.
Later this ruling was modified that the Hanafi man may marry a sharper a female, but not vice versa.
Since the scholars then rule that at least we should treat them the same way we treat.
We can marry their women, but our women can't marry their men.
This existed for hundreds of years.
This is a state of decay.
At the same time, I should mention that there were Western scholars all over the Western world who throughout this period of
Buddha spoke out against called people back to pure Islam.
Some of them were persecuted.
Some of them had to pay with their life.
Most of them were declared to be apostate
because they were going against the
norm. What had become standard.
over the past 100 years, the movement, the revivalist movement to come back to pure Islam has begun
to increase again, you find all over the Muslim world, more and more
and amendments naming people who don't have academic scholarship but who are very concerned about Islam trying to read and understand about it, who now
seek to apply
In practicing Islam, in accordance with the Koran and
without carrying along with them, the academic and intellectual baggage, which has been inherited from those earlier generations.
we are not obliged to follow any one particular school of Islamic law.
If we are raised in an area where one particular school is taught, then there is no harm to follow what we have learned from that particular school,
nothing wrong to follow us.
However, if evidence comes to us,
from the Koran or sooner,
which contradicts something that we have learned from our particular school of thoughts, then we are obliged to follow the evidence.
If we then decide, saying that we will only follow our school of thought, because this was what we grew up with, this is what our parents did, you know, this is what we have done for generations, then we have become like the pagans will pop masala brought Islam to the to them. They said, but we found our parents and their and our four parents following this way.
You know, why should we change at this point, we just follow what they were doing.
When a person takes that position, he or she is destroyed,
I should do under Mohammedan
destroying the second half of their declaration of faith, because it is only Patrick mahomes.
Who has a right that we follow him blindly.
We follow him regardless.
Everyone else every other efforts is human.
And as such, it will contain in it some error.
So why don't we can say
that, within all of the schools of Islamic law, the law in reserve
Islamic law is contained
in none of the individual schools do we find 100% every ruling to be correct. And all of the suddenness
all of them have in them errors having them limitation. However, they are the efforts of early generation of scholars who have means and abilities that we don't have, we are enjoying to appreciate their efforts to benefit from it and to build on what they have done.
Not just to follow it blindly, but to take it with reason and build on it. This is what is enjoying on us. And this is how growth takes place when we build up that which came before not that we just blindly
imitate and blindly convey what came before without any kind of understanding
and application and improvement.
That basically summarizes
what I would like to present of
the schools of Islamic law
that these schools
are a product of a historical process.
They were not divinely ordained yet, there are people who may call to you traditions, which claim that Abu hanifa was predicted by prophet
that the Imam Shafi was also predicted because traditions also arose in which it was claimed that the Prophet said that such a such a person would arise
and the description given is that of Amani for that of our face, but these traditions are fabrication
Schools of Islamic law.
Were not divinely ordained in the sense that
For us, from the time
out of a variety of historical circumstances, political economic circumstance,
they are for our benefit. They are to help us
to apply Sharia, in our time and in the future. And it's very important for us to approach them.
With that kind of enlightened understanding.
wherein we are able then to work together regardless of what school of thought the person comes from, we can work together where differences arise, we've looked at the evidence which is presented by the various schools, and we choose that which is correct, if possible,
because differences fall on the two basic categories,
differences, which are what we call contradictory, they cannot coexist. Like the example I gave you, of a person having Voodoo and not having Voodoo at the same time, this cannot be
the other group of differences are those which are
variation of differences.
This variation differences means that these things can coexist. They represent different ways of doing the same thing.
These differences may be traceable back to profit moms are felons. For example, in Salah, he sat in different ways.
So if one chooses to sit in one of the different ways that the government doesn't, and that's perfectly okay.
To think in one way or another, it doesn't matter because they're all done by Prophet Muhammad Rasul Allah
body of differences, which have arisen out of HDR, in areas where there is no clear text,
but scholars have used the Sharia
and try to arrive at some decisions based on a particular circumstance.
such differences because there is not they're not based on a clear text, then as
as long as the line of reasoning used is valid,
based on requirements, so not opinion of the competitors of the problems are similar, then both of these rulings are acceptable. And we may choose the ruling which is most applicable.
One which is most applicable to our circumstance here.
is not cut and dry.
So if we have this kind of approach to the differences that we may find amongst ourselves,
with regards to the ruling, different Islamic ruling, then inshallah, it will be possible for us to work together without allowing the differences to split out.
In such a way, as I heard, mentioned, over these last few days that I've been here, where the issue arose about whether we may eat the food
slaughtered by the Christian or not.
Where this issue became one of halal and haram in the minds of some people,
where people now started to say,
if that person is haram,
because they felt that food slaughtered by the Christians is haram, then I will not pray behind this person, I will not come to this person's home, to eat and share of his food and when I resonated with this person,
that kind of ignorant approach is destructive.
It is based on ignorance, not understanding the reasons for the differences
and not seeking the truth was merely seeking to follow one's desires.
One is pleasing to one because my people, my tribe, my country, my family,
do it this way. And this is the only way for it to be done.
We have to fight against such feelings, which are destructive, which will break the ranks of the oma. And this is the difference between the differences amongst the early companions, the companions of the partners are some of their differences.
However, they never allow these differences to split their ranks, where some companions refuse to pray behind others. However, when ignorance prevailed, then we found a circumstance where people allowed differences to split the rights of the Muslim. Some people now refuse to pray, refuse to marry
others merely because they follow the different schools of Islamic law.
So I hope
that what I presented here,
has helped to enlighten you
as to the historical origin of the schools of Islamic law,
reasons why they differ,
and how we as Muslims should treat them
various circumstances, wherein we work together, as we are commanded to by a law in trying to establish Islam here,
or anywhere that we may be.
And inshallah, I will stop here now, and give you an opportunity to ask any questions you'd like on the subject,
make any comments concerning things which I've said,
advantage of this opportunity.
As I mentioned, it is perfectly okay for a person to follow a school of Islamic law.
Their knowledge is limited, they don't have the ability to go in on each issue, and check out what is ruled in all the different schools of thought. And then choose the one which is the most authentic based on a critical analysis, we understand most people can.
So they follow whatever they have taught, been taught, the scholar of the area, the scholar in their matches, or whatever, you know, the scholar in the school, whatever circumstance of Islamic learning that they're in, they follow what they're taught. However, the point is that if they've been taught something, and then
somebody comes along to them and says,
Well, you know, this hear that you're doing
is contradicting a clear statement by profit mom, inside
this person needs now to question
they may go back to their local scholar who taught them and ask them, What is the evidence for this?
And if the person does not provide
an authentic tradition,
to support his opinion,
then, if what he has on one hand, his opinion, what he has on another hand is a clear statement, authentic statement of problems fellow, then for him, is to follow the clear statement.
He seeks knowledge to the degree that he's able
and then he has to make a judgment.
He is not obliged to just keep following an ignore something comes you say no, I, I don't, I can't deal with this. I don't have any knowledge or thoughts of Sam following this. Know,
when knowledge comes, you are obliged to deal with that knowledge. Check it out, to the best
of our ability.
And of course, that said, we are where we will be held to account based on the knowledge that we have the efforts that we that we made to seek to understand the correct way.
This is why Muslim scholars have unanimously agreed that it is not allowable. for somebody to jump from school of thought to school of thought, just
seeking what is pleasing.
that is, in a given issue, you have already decided what you want to do. So you go looking for the school which will agree with you
that method is prohibited, because in fact, you are following your desires are not seeking the truth.
But to go from school to school seeking the evidence, this is for those who are able to have a level of understanding where they can look at the evidence,
then that is what is recommended.
Before we go into the brothers, let's give her chances.
This question is regarding the mureed, and the motion,
and the formula given by the motion to the movie.
Those of you that are not familiar with these terms,
watershed represents a teacher or guide.
And the movie represents the follower our students.
However, a particular context in the context of mysticism.
These words take on another meaning.
The more should become the spiritual guide.
The spiritual guide.
And the more read is one who has given up his will,
who has submitted his will to that guide,
this person has reached such spiritual heights,
that whatever they command
is the commandments of God.
And you should follow it.
So for you to grow spiritually, it is now necessary for you to give up your will to your guide.
as I said,
has evolved within the context of Islamic or mis Islamic mysticism.
Commonly known today as Sufism.
And it is
in direct opposition to the declaration of faith.
The declaration of faith
tells us that the only worship
to who we all should be marine
is the Messenger of Allah.
Muhammad sallallahu alayhi wa sallam.
Why? Because a lot said in the port on
men was it again?
No, my uterus soon.
whoever obeys the messenger has obeyed a law.
He didn't say whoever obeys the worship has obey Allah. He said a lot said whoever obeys the messenger of the law has obeyed the law. So he is the only one to whom we submit our will because he was guided by revelation. And whatever decision he made was confirmed by revelation.
Other than him, probably mom's I seldom said khulumani Adam capa all of the descendants of Adam.
hopper in a boon and the best of
Those who make errors those who turn back to a law in repentance.
Therefore, every other human being
is capable of error and as such, it is not permitted for us to submit our wills to them blindly
whatever they have given us
we have to judge in accordance with the Koran and the sooner so, if a warship tells you to say yeah a lot
or yeah produce
or yeah whatever
1000 times a day in the morning and in the evening or whatever, you have now, to go back to the salon to the way of the problem
to see if this is an agreement, you ask him first the problems are solved teach you this, is this what problems are seldom said to do?
If he said no,
then you are not obliged to do this. In fact, it is important for you to understand what this means.
Because those who will tell you to say yeah, law, though the term of law
is the name of
the full name.
Have a law
for a person to sit there saying you're a lawyer, a lawyer, a lawyer.
This is nonsensical.
Yeah, law means a law.
You are addressing a lot.
It's like me saying what's your name? Mr.
is like me saying, Obama, Obama. Obama, you see why things okay, what do you want?
For me to keep repeating your name or where you think I'm an idiot?
This man has lost his mind.
So in the same way for you to just keep saying Oh Allah, Oh Allah. Oh Allah nonsensical. This is like the mantras of the Hindus.
They pick a word they sound
and they keep repeating it over