Mirza Yawar Baig – System of extracting rulings
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My brothers and sisters,
in Islam,
the way of
what is called Islam Badal Hakam, which is
the extraction of rulings
about any matter.
This is clearly defined. The methodology is defined.
It is not left to
the
whims and fancies
of,
anyone to arrive at
any
decision
with regard to the
laws of Islam.
And the methodology
is taken from
the Hadith,
which is narrated upon the authority of who
said that Rasool Allah
said to him
said to when
he was
about
to send him to Yemen,
How will you judge between the people
if it so happens that you must judge?
And he, Ma'am Bin Javal said, I will
judge according to the book of Allah.
And then he, salallahu alaihi wasalam, Rasool wasalam
then said, what if the legal ruling
is not found in the book of Allah?
Meaning,
that whatever
question you have, the exact answer of that
is not in the book of Allah. He
replied, then I will judge
sunnah
of Rasulullah
Sallallahu Sallallahu Sallallahu Sallallahu Sallallahu Sallallahu Sallallahu Sallallahu
Sallallahu Sallallahu Sallallahu Sallallahu Sallallahu Sallallahu Sallallahu Sallallahu
Sallallahu Sallallahu Sallallahu Sallallahu Sallallahu Sallallahu Sallallahu
which is he's talking to to, so he's
saying, I will
judge according to your.
He,
Rasool Rasoolam,
then said, what if the rule legal ruling
is not found in the sunnah
of the messenger
of Allah. Sallallahu Alaihi Wasallam.
And
he
said, then I will use my independent judgment,
and I won't spare any effort to try
to come to the correct solution.
He, salallahu alayhi salam,
then struck me on my chest and said,
All praise
is for Allah who rendered suitable
the Messenger of the Messenger of Allah
and caused him to be in agreement with
that which pleases his Messenger.
So he gave him dua
and he,
he he kind of, you know,
mercifully and very,
affectionately
thumbtive on his chest and he made dua
for him and he said, may Allah,
all praises for Allah who
rendered suitable who made suitable the messenger of
the messenger of Allah, meaning,
and caused him to be in agreement with
that which pleases
his Messenger, meaning which pleases Rasulullah
Now this hadith is very beautiful and out
of this hadith we come to the
methodology
of
arriving at ruling, which our scholars have used
from,
the time of Rasoula himself,
which is that for anything,
any question,
you look for
the answer in that book of Allah.
And if the answer is not there, the
details are not there, you look for it
in the sunnah of or teachings of
which on a side note also
is evidence
many 1 of many,
but 1 of the most powerful that
the
sunnah of Rasool,
the hadith of Rasool
were recorded
in his lifetime itself.
Well, obviously, when Mawd bin Jabal was saying,
I will
search for them in the in your sunnah,
You Rasool Allah. So salam, he's not
saying that, he's not claiming that he remembers
every single thing that Rasool Allah ever said,
in his mind that he's going to do
this mental
data mining
to,
come to a conclusion.
Obviously, these things were recorded. The the the
written records were available. And he's saying I
will look into those.
And then the third 1 is he says
that if I don't have the this in
these 2 places, then I will use my
independent judgment.
And in this context also the
what become as the which is the consensus
of scholars, which means that if it's a
question of that nature, then more than 1
scholar will be involved in
arriving at a decision. So therefore they will
get together
and they will come to a consensual agreement
on that matter.
Now the key thing to understand here is,
the tab of Allah. Yes, of course. Very
clear.
How would it be possible that there is
something which is not in the book of
Allah, what is in the sunnah of Rasool
Rasool?
Very simple. For example, if somebody says,
is salah farrdd?
Is it necessary for to pray? Is it
farmed on the Muslim? Is it compulsory,
mandatory,
on the Muslim?
The answer is yes. What is the daleel?
Allah said,
Allah said that Salah has been
prescribed
and,
and and and given and made for through
the moving into the believers at specific times.
Now, you say, okay. So I'm ready to
pray. How must I do that?
The method.
Also,
what are the exact times and
what is the nature? Is is it the
same prayer all the time or is it
are there differences? If there are differences, what
are the differences?
All of these and many more such questions
are not in the book of Allah
because Allah
revealed them to Rasul
in another,
form of revelation, which we call which
is the the
revelation that is not recited
in Salah, and this is the sunnah of
Rasoolah.
These are the Hadith.
So Allah has given us all the information
is from Allah, but some of it is
directly in the book of Allah and some
of it is through Rasulullah,
and that is where Mawad bin Jawadir Anil
said he will look. The third thing is
when Muad bin Jawa said that he,
if he doesn't find it there, he will
use his judgement.
Please understand.
Who are we talking about here? We're not
talking about any random run of the mill
person off the street. We are talking about
1 of the greatest
scholars of Islam.
And that is not my judgement. That is
the judgement of Rasulullah Sallallahu Alaihi Wasallam himself,
because it was Rasulullah Sallallahu Alaihi Wasallam who
said 2 things about Muad ibn Jabal,
which are,
among his among lots of his Fazil, and
these are probably the biggest of them.
The first thing is Rasool, as salam, said
nobody understands
halal and haram better than Muad ibn Jabal.
So here is the Nabi, alaihis salam himself
certifying that here is a man of enormous
learning
who has dedicated his life to Islam, and
Allah has blessed him
with with tremendous understanding.
So he's saying that nobody
understands halal and haram better than Muad ibn
Jaba.
Who is this nobody?
Who are the other people alive at that
time
to whom you could apply this?
Everyone other than.
The time that I said this,
you have alive and well, people are of
the standing of Abu Bakr of Siddir, Omar
Abdel Kattab, Osama bin Affan, I even tell
you,
you have, for example, Abdulrahman Naouf,
may Allah be pleased with all of them.
All of these and more of the Sahaba
are there and
is specifically saying that
understands
issues of better than everybody else. This does
not mean that others don't understand. It just
means that compared to,
in a particular matter,
this
matter, he knows more.
This also does not mean, for example, that
Mahad bin Jabal's,
rank,
before Allah and before the Rasool is higher
than that
of. No. It is not. But in this
particular matter,
he is the he is the chief.
Very similar, for example, to say that,
nobody understands warfare. Nobody is a greater strategist.
Nobody is a better general than,
So that does not mean that we're not
talking here about the status of the individual
before Allah. We're talking about the specific,
technical
ability that he's got. The second thing that
so so here is somebody who was saying,
he has the best understanding of right and
wrong of. Second thing is about Ma'at bin
Jerval Rasool Rasool Rasool Rasool Rasool Rasool Rasool
Rasool Rasool Rasool Rasool Rasool Rasool Rasool Rasool
Rasool Rasool Rasool Rasool Rasool Rasool Rasool Rasool
Rasool Rasool Rasool Rasool Rasool Rasool Rasool Rasool
Rasool Rasool Rasool Rasool Rasool Rasool Rasool Rasool
Rasool Rasool Rasool Rasool Rasool Rasool Rasool Rasool
Rasool Rasool Rasool Rasool Rasool Rasool Rasool Rasoolam
said, he will
lead the scholars of this Ummah
What does it mean? It means that he
is the amir of the scholars. He is
the race of the scholars. He is the
king of the scholars. He will lead the
scholars of Islam into Jannah.
For that person,
he is saying, I will use my independent
judgment. The reason I'm saying that is, today,
there are a lot of us, we seem
to think that just because we are educated
in 1 area of,
body of knowledge,
it automatically makes us ex, experts in this
lab. It does not. Just like, for example,
if I'm a physicist, it does not make
me a
brain surgeon. If I'm a brain surgeon, it
does not make me a physicist.
I am educated in my area of expertise
and
and if I have any sense, I should
stick to that.
And
if I need,
any if I have a question in another
branch of knowledge, I must go to the
expert of that branch of knowledge and not
try to pretend that I have expertise in
that because I have learned in something else.
Right? In in in medicine, for example, I
give you the example because it's so easy
to understand.
A dermatologist, for example, will not even dream
of treating eye illness
unless it is skin related.
Not because they they all go through the
same, you know, basic, training in medicine and
physiology and so on. So but he wants
it. No. No. Let me do that. The
orthopedic
surgeon, for example, will not,
will not try to do a operation
on the heart. Right? He might know what
to do. He might even think, you know,
that,
he might even succeed if he but he
will not because this is not his area
of expertise. Now why on earth do we
imagine that just because we are educated in
1 branch of knowledge, all part of you
are educated in that. We we respected for
that. But if you come into another area,
which is the area of Islam,
which requires completely different
skills. For example, to be to be basically
educated, we call in the
fundamental requirement
is that you should be happy with the
Quran.
That you should have
knowledge of the Arabic language
at the level of expertise of a native
speaker,
of classical Arabic,
and understand how Arabic was understood and spoken
by the Sahaba of Rasool Islam. This is
the this is the final standard.
So you're talking about a person who is
in
in a person who is at the
native speaker level, who are completely and totally
fluent with reading, writing, and understanding and speaking
of Arabic at that level. It's not talking
about Arabic, you know, that that we have
that we have or, speak or any,
that that that is a dialect. So I'm
talking about
classical Arabic in that at that level.
Then we are talking about
knowledge of different branches of Islam.
Right? Some of some people have said that
it's it's it's almost like 13 or 14
different,
Islamic sciences that you should,
know before you can even talk about,
extracting a ruling. So the the the important
thing to understand here is we are not
trying to complicate life. We're just saying here
that we have a beautiful legal system,
which
is
very well thought out,
which people have dedicated their lives to quantifying,
to to,
to codifying it and to, you know, putting
it in,
in in the right order and have it,
referable and so on and so forth. And
if you just go out of the blue
and you say, well, you know, in my
opinion, this means that then this is this
word, this phrase, in my opinion, is the
door of jahnam. This is the door of
all forms of misguidance.
So please understand this.
Stick with what we know
in the. Stick with what you know. That's
your expertise.
If you want to have expertise in religion,
by all means, absolutely, it's not it's not
shut to anybody. You are most welcome. Go
study the religion. Go study the language. Go
study the religion. Go and read Quran and
so on and so forth. And when you
get to that level of,
scholarship, by all means,
then you have the right to say whatever
you need to say,
because then you will understand the boundaries. You
will you will have a if you do
the right kind of education, then you will
have this the the awe and the majesty
of the Quran in your heart. You will
have the awe and the majesty and the
love of Rasool al Salih in your heart
and you will then speak within the boundaries
of the Sharia. You will not then say
something which goes against the,
the whole ethos and the whole,
foundation of, the Sharia of Islam. So please,
my brothers and sisters, let us be careful
with our tongues because this tongue can get
us into some very, very serious problems,
unless we are careful with it. We ask
Allah to
help us
to understand his deen and to practice his
deen
and to
live by this deen,
in a way that pleases him.