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Innovative Research and Renovation
In the
midst of legislative orders and modern necessities
On the subject of interpretation and
renovation the Qatari magazine ‘Al Ummah’ had the
following interview with the author of this book :
Q : Interpretation (ijtihad) is
part of religion and it is one of its foundations which
proves the liveliness of Islam and its capacity to find
the adequate solutions to the changing problems of life.
What are the historical periods of the movement of
‘ijtihad? Has its activity stopped as has been alleged by
some at particular periods? Who is responsible for this
situation? Is it correct that it is the Ottoman Empire as
it has been said?
A : ‘Ijtihad started since the
time of the Prophet (PBUH), as it was stated in "the story
of the `Asr prayer in Bani Quraydhah " , and in the
Hadith of Mu`ad when the Prophet (PBUH) appointed him in
Yemen, and asked him:"How do you judge amongst people when
you are called upon to do so?". He said "I use the Book
of Allah". "What if you cannot?", "Then, I use the
Prophet's Tradition". The Prophet said :" What if you
cannot?", he responded "Then I use my mind and I do not
fail". Then he congratulated him and maintained him in his
post. This is a famous Hadith whose authenticity has been
recited by many religious leaders, among these are Ibn
Taymiyyah, Ibn Al Qayyim, Al Dhahbii, and Ibnu Kathir ....
Many of the Prophet's companions have made independent
judgement concerning different issues while they were not
in the vicinity of the Prophet (PBUH), and when the
Prophet learned about that, he either approved of their
judgement or he corrected their errors.
After the Prophet's (PBUH) time, his
companions (God Bless them) had to rely on interpretation
and faced the changing problems of life in the communities
of deep-rooted civilisations which they inherited. They
reached Islamic solutions, which they adopted from Islamic
texts or from Islam’s general guidance. They found in
Islam, a solution to every problem, and to each ill a
cure.
The independent judgement of the
Prophet's (PBUH) companions concerning the events of life
and their knowledge of the solutions recommended by the
religion of Allah to these events, represents the real and
authentic knowledge of Islam, which is characterised by
realism, leniency, the consideration of people's interests
by Islamic law, without exaggeration in the interpretation
of the texts.
When one looks at the knowledge of the
guiding Caliphs, or that of Ibn Mas`uud, ibn `Abbas, or `Aishah
and others (God Bless them all), one will confirm that it
is crystal clear that the Prophet's Companions (PBUH)
constitute the generation that is the most knowledgeable
of the essence of Islam. One example that will best
illustrate this is the attitude of Omar and his
contemporary scholarly companions, such as Ali and Mu`aad,
when he refused to divide Iraq upon the conquerors,
considering its four fifths as their booty, as it is
clearly stated in the holy verse : "And know that whatever
ye take as spoils of war, lo! A fifth thereof is for
Allah, ...."(1) and decided that the land should remain to
serve the interest of the following generations of Islam.
He told those who opposed him: "Do you want the last of
the people to come to find nothing left for them?" Then
Ali and Mu`ad said to him : "Find a solution to suit both
the first and the last to come". Upon this, he decided
that solidarity between the different generations of the
Islamic nation, as well as that of the different
countries, is obligatory.
The same attitude is that of Othman(GBH)
towards stray camels. In the Hadith it is commanded that
any stray camels will be left alone, and he said to
whoever asked him about them: "Leave them alone, they have
their shoes and their water, they go to the water and feed
on the trees, until their owner comes." Thus, during the
reign of Abu Bakr and Omar, stray camels were left to
themselves moving freely and reproducing, without anybody
disturbing them, until their owner finds them. During the
time of Othman, he found that people changed and started
to catch stray camels, and it became difficult for some of
them to return to their owners. Then he decided that for
the interest of the people it was time to start to collect
these stray animals. So he appointed a shepherd to collect
them and identify them. When he does not find their owner,
he sells them and keeps the money until the owner comes
back.
During the era of Ali (GBH), he
established a system that insures people’s property when
they leave it to a workman for repairs, holding the latter
responsible in case the property is lost, in spite of the
fact that workmen were generally trustworthy. He said :
"That is the only way to correct people ", as he had
noticed the change in people's behaviour.
Thus it is clear that the knowledge of
the companions resided in the width of its horizons, its
realism and leniency while it certainly never lost sight
of the foundations.
The disciples and followers of the
companions toed the same direction and attitude,
especially those who established jurisprudence schools
throughout the land, by teaching and advising in the case
of novel situations and issues. They faced each event
with a Hadith. Within these schools and universities which
were established inside some of the important mosques,
emerged the most famous Imams, leaders of the rites, each
of whom had its followers, such as: Abu Hanifah, Maalik,
Al Shaafi`ii, Ahmed, Al Thawrii, Al Awza`ii, Al Tabarii,
and Dawuud Al Dhaahiri ...
In the first centuries of Islam, the
number of interpreters was larger than could be counted.
They had various ways and means of understanding and
interpreting the laws, while they agreed that the basic
source of Islamic law are the Book and the Tradition. The
Book is the foundation and the Tradition is the
explanation and the clarification. After that come the
secondary sources, which follow suit, such as Al Istihsaan
, Al Istislaah Wa Saddu Al Dharaa'i`, Ri`aayatu Al `Urf,
Shar`u Man Qablanaa, and others about which the scholars
have disagreed. Some of them authenticated these sources,
others denied them, while others expanded or restricted
them.
The important fact is that
jurisprudence grew and expanded. The number of real,
expected and hypothetical issues became bigger; books were
written and its rules were established. The ways of
extracting these rules from the foundations of
jurisprudence were established. Such a science was
invented by Muslims, and nothing like it is found in any
other nation. It is considered as one of the prides of
the Islamic heritage.
Islamic jurisprudence remains the
basis of justice and legal opinion in all the Islamic
societies. This remained as such until colonisers invaded
Islamic countries, and separated Islamic Law from justice
and legislation, except in the narrow domain which they
named 'Personal Statute’.
It is important to note that what is
usually said, concerning the idea that Islam was impaired
directly after the period of the guiding Caliphs, is not
true. It is undoubtful that during twelve centuries,
Muslims did not have any constitution or law which they
followed except from Islamic law, in spite of what might
have happened in terms of misunderstanding, or
misapplication of its lenient rules.
The closing of the practice of
innovative research
As to the notion of the closing of the
chapter of interpretation, we think that the Ottoman
Empire has become a rack, upon which all errors and slips
in all areas are hung by many. In reality, the domination
of tradition, and religious chauvinism, and the waning of
expert interpretation, are issues which arose before the
era of the Ottoman Empire. They have also spread to the
different countries of the Arab World to different
degrees, in spite of the fact that there was no period
which had no interpreters. Then we find Imam Al Suyutii
(d. 911 H) announcing that he reached the level of
unbounded interpretation, hoping to be the renovator of
the ninth century. He is well -known for his understanding
of the Hadith stated in Al Tajdiid. He also wrote his book
Al Raddu `alaa man 'akhlada ila L'ard wa Jahala 'anna
l'ijtihaada fii kulli `ishriin fard.
In the twelfth century, there was the
great innovator, the wise man of Islam, Ahmed Ben Abdul
Rahiim, alias, Shah Wali Allah Al Dahlawi (d. 1176 H). He
is the author of Hujjat Allah Al Baaligha, and
other original books. In the thirteenth century, we find
in Yemen the expert interpreter, Imam Muhammad Ben Ali Al
Shuukaanii (d. 1250 H), and whose interpretation resides
in the sections and chapters of his books Naylu
L`awtaar, Al Saylu Ljarraar, and Al Daraarii Al Mudii'ah,
as well as his book of interpretation Al Durar Al
Bahiyyah and Irshaad Al Fuhuul ilaa Tahqiiq Al Haqq min `Ilm
Al 'Usuul.
In order for us to be fair to reality
and history, we have to state the following : The Ottoman
Empire has given much importance to the Holy fighting,
more than it did interpretation. Islamic leadership
requires both: interpretation, in order to know the true
path and the true religion which Allah sent through His
Prophet (PBUH), and holy fighting in order to protect and
preserve such religion. The scholar of Islam, Ibn
Taymiyyah, said : "Religion requires both a guiding book,
and winning iron", thus referring to Allah Almighty's holy
words : "We verily sent Our messengers with clear proofs,
and revealed with them the Scripture and the Balance, that
mankind may observe right measure; and He revealed iron,
wherein is mighty power and many uses for mankind ..."
(2).
Q : During the Ottoman Empire,
more importance was given to iron, i.e. they gave more
importance to the military aspects of life than to the
intellectual ones, until the overwhelming shock of
confronting the rebirth of the west. Some scholars
consider that renovation in the contemporary era was
started by Jamal El Diin Al Afghaanii, except that his
followers gradually started to rely simply on the text,
and became closer to tradition, especially Muhammad
Rashiid Redaa. So, "is it possible to put these efforts in
the right perspective from the point of view of the
renovation movement? "
A : This quote shows that its
author did not have full awareness of the full meaning of
renovation, its extent and its rules. Had he had such
knowledge, he would have realised that the process was
gradual, and did not relapse as it is claimed. It started
with generalities, then continued with improvements, until
it reached specialisation. It was not steady at the start,
and then began to take control. Sheikh Muhammed Abduh was
closer to control in the courts of justice, than his
master Al Afghaanii, thanks to the profound culture he
acquired in Al Azhar. Sir Muhammad Rashiid Redaa was
closer to control in the courts of justice, than his
master Professor Al Imam, thanks to his wide knowledge of
the books of tradition and heritage. He was also well
acquainted with the publications of the Salafi school
which was represented by Imam Ibn Taymiyyah and his
disciple Ibn Al Qayyim. It is he who started the strong
campaigns against inertia and imitation in his valuable
magazine Al Manar. He also wrote reformative articles and
innovative scientific opinions, during a third of a
century or more. The interpretations of Sheikh Rashiid and
his innovative opinions spread throughout the Muslim
World, and were met with greater acceptance than the
innovations of his master, in spite of the fact that they
were few. As to the interpretations of Sir Jamal El Diin,
we hardly know any precise ones. His personality was that
of the revolutionary leader, who awakened the minds,
aroused the feelings and triggered ambition and
commitment. He did not have the personality of the scholar
who is consistently led by sources and rules. So each one
follows the path that he was born for.
Some of the views of Sheikh Muhammed
Abduh in the interpretation of Qur'an were adopted by
others. Some of them are those concerning the story of
Adam, his statements about the birds of Babel, and the
like. His excuse was that the Western civilisation was in
its heyday, and admiration thereof was at its highest.
Thus, the rational bias was preponderant; and so were the
attempts to bend the text until it fit the new concepts,
and the adaptation of the commands of religion to the
intellectuals who had a western culture. And all this was
done even when it required affectation.
As to those who want to evaluate any
person, and to qualify his thought and works, it seems
only fair to put the latter in their special historical
context, and not to compare his time and space to our own
time and space. Some of the views that seem to us today to
be clear and obvious, were not so in his time. God bless
a man who is fairer to others, and who gives every worker
what he deserves and is a fair witness for the sake of
God.
Legal interpretation is a collective
duty at times and an individual duty at other times. It
has its meaning, its extent and its rules. Can these
issues be clarified so that confusion does not set in and
so that those who are not fit for interpretation, do not
undertake it.
Innovation should be construed as
making one's utmost effort and pouring one's widest
knowledge in the extraction of the legal rules from its
proofs through observation and thinking. It is a
collective duty that applies to the whole nation. The
nation becomes like an orphan if a number of its members
do not satisfy its need in innovation. Thus it becomes an
individual duty of anybody who feels that he is qualified
and has the capability to undertake it , if he does not
find anybody to undertake such responsibility in his
place.
Innovation is needed in two situations
:
First : The situation in which
there is no legal text available, and where the legislator
has deliberately left a gap, out of compassion and not out
of forgetfulness. This allows the innovator to fill the
gap in a way that satisfies the expectations of the
people, according to the paths which are followed by such
innovators as analogy, preference or adaptation to the
situation, as well as other reasons.
It is to be noticed that in some areas
of jurisprudence there is a proliferation of texts dealing
with points of detail sometimes, for example: worship and
family issues, which hardly change throughout the ages and
places, while there is dire need for texts that forbid
disputes, as long as it is possible. Besides, there are
areas where the texts are to a large extent scarce, or too
general and summarised, thus leaving to people the freedom
to innovate by themselves - in light of the overall
sources - according to the interests of their society, and
the conditions of their era, instead of finding detailed
texts that would tie them or restrict their movement. This
is exactly the case in the issues of consultation, the
ruling system, the proceedings at law, the legal steps,
and the like.
Second : The area of
hypothetical texts, whether they are hypothetical in their
occurrence, and that is the case of most of the Prophet's
Hadiths, or hypothetical in their meaning, and that is the
case of most of the texts of the Qur'an and the Tradition.
The fact that a text exists does not prevent people from
interpreting it, as it might be imagined by some. Nine
tenths of texts or more are amenable to interpretation and
the extension of the number of views. The Holy Qur'an
itself may allow different ways of interpreting. Even if
we take a verse such as the one dealing with cleanliness,
in the Surah of the Table Spread, and read all the
interpretations of its rules, we will confirm what is
being stated here.
Along these two areas which are open
for innovation, there is an area in Islamic Law which is
firmly closed to interpretation, and is not concerned by
it: it is the area of absolute certainties in the Law.
This is the case of the obligatoriness of the ordinances
of Allah, such as the prayers, almsgiving, fasting and the
forbidding of impermissible acts such as adultery,
consumption of alcohol, lending interests. On the other
hand, there are the principal absolute certainties, such
as the rules of inheritance, which are clearly defined in
the Qur'an. There are also the bounds and punishments, and
the period of waiting for the divorced or widowed women,
and the like of what has been stated in the texts that
are factual in their occurrence and in their meaning.
These kinds of rules which are not
available for interpretation are what constitute the
intellectual and behavioural unity of the nation. So,
there is no need to enter the battlefield of
interpretation, and address questions such as the
following :
Can we allow the drinking of alcohol
for the sake of tourists?
Can we disallow fasting in order to
increase production?
Can we suspend pilgrimage in order to
save hard currency?
Can we suspend almsgiving and rely
simply on state taxes?
Can we abandon the bounds and
punishments in compassion with criminals, as if we were
more compassionate than Allah towards his subjects! "Say,
do ye know best, or doth Allah?" (3).
And that is what one should be watchful
of : to innovate in areas where we should not, or to let
one who is not well qualified or who does not satisfy the
conditions to undertake innovation. This is what lead some
scholars in the ancient times to call for the closing of
the area of innovation and interpretation, in order to
stop the impostors and pretenders. But the area of
innovation will remain open, and no one can close it after
it was opened by the Prophet (PBUH). No one or group of
people, when faced with an event that they are presented
with, can say: 'we don't have the right to innovate and
interpret, because the scholars of the past said nothing
about it'. It is obvious, though, that the law has to
govern all the deeds of the officials and has to have a
say concerning every event, and nobody disagrees with
this.
Q : It is imperative that anyone
who undertakes innovation in the field of Islamic law
should satisfy the required conditions. What are these
conditions? Do they apply to all innovators, in general?
Or, is there a difference between the ones who undertake
total innovation and the ones who undertake partial
innovation?
A : There is no special group in
Islam that monopolises or inherits innovation. There is no
priesthood or clergy in it. There are, though, scholars
who are specialists in their fields, and who have the
tools and instruments of innovation to satisfy the
requirements thereof. It is the one who interprets all
events and situations that are presented to him, and
whereof he states his view in accordance with the results
of his interpretation, be he right or wrong.
The conditions required for an
innovator are stated and detailed in the books of the
foundations of jurisprudence. Some of these conditions are
scientific and others are cultural, such as knowledge of
the Arabic language, knowledge of the Holy Book and the
Tradition, knowledge of the issues of absolute consensus,
knowledge of the foundations of jurisprudence, the ways of
analogy and derivation, knowledge of the complete aims of
Islamic Law and its rules. The last point is what Imam Al
Shaatibii concentrated upon and made the reason why we
have to innovate. Besides all of this, he has to have the
gift of derivation, which improves with the exercise of
jurisprudence and awareness of the differences between the
scholars’ interpretations. That is why they said:" He who
does not know the difference between the scholars, has not
had a whiff of jurisprudence".
Another condition which was pointed out
by Imam Ahmed, and was mentioned by Ibn Al Qayyim in
I`laam al Muwaqqi`iin is : 'knowing people'. This is an
important issue. The innovator, who advises people, should
not live in an ivory tower or an isolated minaret and
pronounce advice that is unrelated to the reality of the
people. The same scholar should not issue judgements which
are related to bygone times and ancient people and apply
them to other peoples and times. This would mean that this
scholar will have ignored the most important rule which
says that counsel changes with the change of time, place,
situation and usage, as was stated by the scholars.
This requires that the innovator be
aware of the realities of his society, and master the
general foundations of the culture of his era. This
requirement avoids the situation whereby the scholar will
be living in a world of his own, while his contemporaries
are living in another. He is the man whom the people may
ask about something whose background, original,
philosophical, psychological or social bases he may not
know about, with the result that he might stray in its
contextualisation and its judgement. Because judging
something is part of understanding it, as the scholars of
logic confirm.
The real innovator is the one who looks
at the texts and the evidence with one eye, and at the
reality of his era with another, so that he may harmonise
between obligation and reality, and give to each event the
judgement that is appropriate to its place, time and
situation.
Ibn Al Qayyim, the authenticator, said
that his master, Sheikh Al Islam Ibn Taymiyyah, passed
during his time by a group of Tatarian soldiers who had
been drinking too much. Some of his companions rebuked
them, but he said: let them to their drinking and their
playing. Allah forbid the drinking of wine because it
prevents people from invoking Him and from practising
their prayers, but in this case it prevents them from the
killing of people and the pouring of blood.
This goes hand in hand with an
established rule, the gist of which is that it is better
not to rebuke for a sin lest a bigger sin may be
committed, so that it is the lighter damage that is caused
and the lesser of two evils that is committed.
There is another requirement that the
innovator must fill, it is a behavioural and religious
requirement. He must be just and must have an acceptable
morality. He must fear Allah in all what he does or says,
and he should know that his advice must coincide with that
of the Prophet (PBUH). He should not follow his whims,
and should not give priority to worldly goods over
religious matters, especially if those goods belong to
somebody else.
If Allah has commanded that the
prerequisite for people's witness to be accepted is that
they themselves be just, then how should that not be the
case for somebody who is a witness in the religion of
Allah, and who discusses what Allah has allowed and what
He has Forbidden, what He has Made compulsory and what He
has Authorised.
The scientific conditions that we have
mentioned are required of the total innovator, i.e. the
one who interprets all the facets and aspects of
jurisprudence. As to the partial innovator, it is enough
that he be knowledgeable of the matters that relate to his
area of specialisation, along with a general scientific
qualification. All this assumes that the field of
interpretation lends itself to compartmentalisation, and
this is what many of the scholars assume.
The professor of Economics can
undertake research in a specific matter in the domain of
his speciality, if he is knowledgeable of all what has
been written about it, and the kinds of innovations that
it might have undergone. He also has to master the
foundations of the evidence, the rules of argumentation
and preponderance, among other matters.
Q : Many discussions have taken
place over the last few years concerning innovative
research, which led to some deviant interpretations in
this field. Since the situation is what it is, it has
become imperative to establish some rules that must be
respected in the field of contemporary legal research, so
that Muslims may be aware of these flaws and may reject
them. In your opinion, what should these rules be?
The rules that should be followed in
modern research may be summarised in the following points
:
A : One should not deal with
certainties. Research should concern issues whose evidence
is hypothetical in judgement, and we should not heed
impostors who attempt to turn what is factual into what is
hypothetical, and what is certain into what is doubtful.
In this situation we will no longer have certainties that
we can rely upon, or sources that we may refer to.
In the same vein as we did not allow
turning what is factual into what is hypothetical, we
should not allow the opposite, either, as we should not
pretend consensus where there is difference. Thus, we
should not raise the sword of consensus in the face of
every researcher, as did the contemporaries of Ibn
Taymiyyah in his choices and his innovations. Al Imam
Ahmed said : "Whoever pretends that there is consensus is
a liar. Who knows ? People may have differed in their
views and he is not aware of that".
What I fear most is psychological
failure before the coming civilisation, and giving in to
the present reality in our societies. This is a reality
that has been produced neither by Islam, nor by the
Muslims. It has been produced for them by the impudent
colonialist who imposed it on them by force and tyranny.
This intruding injustice took the place of the authentic
justice during a spell of absent-mindedness of the
Muslims.
This is why we should refuse that kind
of innovation - if we may call it thus - which is that of
making up motivation for the reality, especially if that
aims at a satisfaction for the governing authorities. It
may also be an imitation of the other, as in the
innovation of those who try to forbid divorce and
polygamy, and who fight private property, and allow
lending at usurious interests, and so forth.
The innovator should free himself from
fear in its different forms, fear from the authority of
the governing tyrants, who request ready-made Fatwa for
their acts to make them lawful. They should free
themselves also from the fear of the rigid imitators among
the scholars, who lead campaigns on any new idea. It is
the likes of these who were the cause of the imprisonment
of Ibn Taymiyyah, and the successive miseries that he
underwent. His misery was caused by them not by the
sultans. The scholar should also free himself from the
fear of the power of the crowds and the populace who could
be aroused by the imitators against any view that differed
from anything that they are used to.
We have to open our hearts to
scholarship, even if it opposes the views that we have
been raised with, we should also expect errors from the
innovator, and should not be disturbed by him. He is a
fallible human being. It may also be that what we have
considered an error the exactly correct view. There are
views which one day are refused by the majority of the
people, then afterwards they become the right and accepted
ones. In Islam there is no papal authority, which
dictates : "this view is the correct one for everybody and
deserves to remain so, while that view is the wrong one
and is thus erased from existence and receives capital
judgement"(4).
Q : There are contemporary
issues which require Muslims to come up with an innovated
jurisprudence in order to find solutions to their
problems. What are these issues, and how do you view them
within the framework of this innovative research activity?
A : In view of the changes that
life has undergone in comparison to what they used to be,
and the great evolution of today's societies in terms of
ideas, morality and relations, our present time is in the
direst need of innovation. All this after the 'biological
revolution' and the 'technological revolution' which the
world is witnessing. This revolution raised the most novel
issues : tube babies, artificial insemination, banks of
frozen genes, the control of the sex of the foetus, the
implant of organs, blood transfusion, as well as the novel
issues in international relations, financial and economic
systems, which our predecessors have not witnessed, or
knew about even partially and on a much smaller scale.
These issues and their like require new
research, and that is what we may call innovative
scholarship, i.e. in which scholars issue new judgements,
even when they have not been advanced by earlier scholars
or stated by anybody else. As an example of this, we may
mention the almsgiving on blocks of flats, industrial
plants, stocks, bonds, salaries, considering gold as the
only basis for currency rates, the making of almsgiving on
rented lands obligatory for both the landlord and the
tenant: the tenant gives almsgiving on the crop or fruit
after he subtracts the expenses of labour and the like,
because that is something he owes, and the landlord gives
almsgiving on the rent.
There is also what I call selective
innovative research, that is to choose the most plausible
views from our great scholarly heritage,(5) which seem to
come close to coinciding with the aims of the law, the
interests of the people, and the context of our era. The
choice may come from within the four Islamic rites, as in
the weighting of the Hanifi rite's view that almsgiving
should be paid on all the crops of the land, and the
weighting of the Shafi`i rite's in providing the poor with
enough to live on for life, and the weighting of the
Maliki rite's in the maintaining of the bonds of those
whose hearts have been reconciled.
The choice may come from outside the
four Islamic rites. In spite of their majesty and favour,
the four Islamic rite leaders are not the only scholars.
There are those of their contemporaries who may have
surpassed them, and there are those of their masters who
preceded them, and the masters of their masters including
the scholars who were companions of the Prophet (PBUH),
and their followers, who have certainly undertaken greater
actions.
There is no objection to adopting one
of their rites if it seems the most reasonable in legal
terms, and to follow, for example, the view of Omar (GBH)
restricting marriage with the women of the Scripture, if
there is fear of harm to the Muslim women and children, or
if there is fear that the condition of virtue may not
be observed with precision. This condition is mentioned in
the following holy verse : "...and the virtuous women of
those who received the Scripture"(6), i.e. those who
behave virtuously. Other examples include the adoption of
the idea of the obligation of mut’a for every divorced
woman, or the idea of some of the predecessors who
suggested that divorce should not take place when it is
the result of great anger. That is how they explained the
Hadith: "No divorce in the cases of anger or madness or
drunkenness". Or the view of some of them who suggest that
final divorce, uttered in one setting, should be taken as
a cancelled divorce only once. That is what Ibn Taymiyyah
and Ibn Al Qayyim and their like advised. Not to accept
contrived divorce, i.e. divorce when the woman has her
period. The same goes for divorce which is motivated by
the forcing of someone to do something or not to do it.
This kind of divorce is treated as swearing and is atoned
for in the same way as swearing.
The same goes for the adoption of the
view of some of the predecessors that legacy is obligatory
for those of the relatives who cannot inherit. It is on
the basis of this that arose in Egypt the law of the "obligatoriness
of legacy" for the children if their fathers or mothers
die while their grandparents are still alive. In this case
they inherit the share of both their parents, with the
condition that it is not more than the third of the
legacy, not that of the inheritance.
It is on the basis of that that the
scholar Sheikh Abdullah Ibn Zaid Aal Mahmuud, the
President of Legal Courts and Islamic Affairs in the state
of Qatar, favoured the view of Ataa’ and Taawuus, in
allowing the pelting of Satan during pilgrimage before the
afternoon starts, in order to make it easier for people,
and to remove the embarrassment and hardships which people
have to incur in terms of crowding around the aim to the
point of being walked over to death.
The innovative research which we need
today is one undertaken by a group which could take the
form of a world learned circle, which would include
qualified world scholars, who would issue their judgement
after study and examination, with courage and freedom, far
from the pressure of governments and populace.
In spite of all this I would like to
insist that there is no way around individual innovative
research which lights the path for group innovative
research, thanks to the careful and thorough studies it
brings.
Q : Some advocates of Islam are
sometimes considered as proponents of inertia and
rigidity, and enmity towards any innovation. Does this
coincide with any real situation or is it linked to some
hidden cause?
A : Regarding innovation, people
can be classified into three groups :
1) The enemies of innovation, who want
every old idea to remain as it was; their famous wise
adage is : "the first left nothing for the last, and their
heralded motto is: it is impossible to be more creative
than the past. "
Because of their inertia, they stand in
the way of any innovation in science, thought, literature
and life matters, let alone religion. The term innovation
itself is considered heresy for these people.
In the area of religion, I found out
that there are two groups whose attitude aims at making
Islam rigid. I wrote about them in some of the articles I
published in the magazine Al Ummah on the occasion
of the celebration of the beginning of the Hegira
fifteenth century. First: the fanatic imitators of the
rites, who refuse to make any small deviation. They also
deny any contemporary individual or group the right to
search and innovate, except within the framework of what
their rites alone dictate and what was written and advised
by the scholars of that rite. So, it is unacceptable to
them to deviate from the opinion that was pronounced
within the rite, even to other sayings or opinions from
within the rite itself.
The other group is what I named ' the
new superficial scholars', I mean by these those who take
texts strictly at their literal level and face value, and
do not consider their deeper meanings. They do not
understand the details in light of the general issues. It
is no surprise to find that they start heated fights over
marginal issues in the religion. While these and those are
people who are faithful to Islam, they still are like the
mother who caused the death of her infant because she
locked him up in his room from fear of the heat of the
sun, or the passing of the hot wind.
2) In opposition to these, we find
those who overdo innovation. They want to annihilate all
old ideas, even if these constitute the foundation of the
essence of their society, its raison d'être, the secret of
its permanence; as if they wanted to delete yesterday from
time, and the past tense from the language, and the
science of history from human sciences.
The innovation undertaken by these is
westernisation itself. What is old in the western world
is new to them. They advocate imitating it in its bitter
and sweet aspects. These are the ones that were laughed at
by Raafi`i (God Save his soul) when he was in a dispute
with them under the banner of the Qur'an and said : "They
want to renovate religion, language, the Sun and the
Moon".
The poet of Islam, Mohammad Iqbaal,
replied to them by saying that "the Kaaba is not renovated
by bringing to it a stone from Europe". Ahmed Shawqii, the
king of poets, referred to them in his poem about Al Azhar
:
Had they had their will, they would
deny in public
Their parents whether they died or
lived for a long period
Whoever is keen on the destruction of
all past things,
When he has to build, fails
This group, and the one mentioned
before it are the two that Prince Chakiib Arsalaan
complained about, when he said in his book "why the
Muslims lagged behind" that religion was lost between the
rigid and the infidel. One alienates people by his
inaction and the other by his unbelief.
3) Between these two groups emerges a
mid-way group. It refuses the inaction of the first and
the unbelief of the others. It looks for wisdom from any
source. It also accepts innovation, even advocates it and
calls for it, as long as it is an innovation which comes
within the authenticity of Islam, and distinguishes
between what is acceptable and what is not, and between
what is adequate and what is not.
It advocates the adoption of material
and technical science as much as it is necessary for the
nation, under the condition that we understand technology
and create it, not just buy it and remain foreign to it!
This is the point of view of the true
preachers of Islam. Their motto is : the association of
the useful old and the sound new. We have to be open to
the world without melting in it, firm about our aims, and
lenient about our means, firm about the foundations and
lenient about the secondary issues.
Q : There is a link between
research and innovation as a contemporary issue. If Islam
considers innovative research as an instrument of the
understanding of the commands of the Qur'an and the
Tradition, does it accept innovation as it accepts
scholarship? Or, does it contradict the nature of the
religion which came to control life with its beliefs,
values, concepts and wisdom. Or does each one of them have
a domain within which it acts?
A : I was surprised by the
denial of a good scholar of the relationship between
innovation and religion, in an interview with one of the
journalists. This scholar assumes that religion is stable
and does not evolve nor does it innovate. His reason for
this, I believe, is his fear that people might understand
that by pronouncing the expression 'the innovation of
religion' people might understand the intervention of the
hand of change to delete or add things. So, he firmly
closed the door by absolutely denying innovation.
In reality, the noble Hadith of the
Prophet (PBUH), has discussed this issue in detail, as it
has been mentioned by Abu Daawuud, Al Haakim, Al Bayhaqii
and others, on the basis of a sound authentication : "Once
every hundred years Allah sends to this nation a man who
innovates its religion"(7) And there is no saying after
that of the Prophet, or no judgement after his.
Many loyal scholars deny established
notions, because of misuse by some people. Thus, the
former want to straighten a wrong deed by another wrong
deed. The sound method is to confirm the established
notions by providing the correct interpretation and
refuting every wrong understanding, explanation, or
unsound application.
The innovation of religion is confirmed
by the texts, but it is not innovative research in itself.
In spite of the fact that scholarship is part of it, and
one of its aspects, scholarship is an innovation in the
intellectual and scientific aspect, innovation concerns
the intellectual, spiritual and scientific aspects. These
are the aspects which are included in Islam : science,
faith and action.
Our nation is today in the direst need
of someone to innovate its religion, its qualities, the
characteristics of its personality. Someone who will work
towards the emergence of a Muslim generation which will
achieve in today's world what the companions of the
Prophet (PBUH) achieved in their time. That is what we
called the 'Generation of the pursued victory'. This
innovation was started by the people who undertook what
they promised Allah to do. There are those of them who
died, there are those who are waiting like Hassan Al
Bannaa, Abdelhamiid Ben Baadis and Abu `Ali Al Mawduudii
(God Bless them all). It is the duty of those who follow
them to continue on the same path, and straighten it until
Allah Completes His light.
The noble Hadith : "Once every hundred
years, Allah sends to this nation a man who innovates its
religion" gives significant importance to this issue.
Does the word 'who' as it figured in the Hadith mean that
the Muslims remain in a state of expectancy waiting for an
innovator at the beginning and end of each century. In
light of the Islamic understanding of the role of the
community, it seems that the meaning of the Hadith makes
every Muslim responsible for the duties and follow up on
the activity of innovation of religion.
This Hadith, which was quoted by Abu
Dawuud in his Al Sunan, by Al Haakim in Al Mustadrak, by
Al Baihaqii in Ma`rifat Al Sunan wal 'Aathaar, by Al
Tabaraanii in Al 'Awsat, gives the Muslim nation a strong
ray of hope, and dissipates the obscurity of despair. It
instils in it the spirit and hope that Allah is not
leaving it to the fangs of weakness until it is devoured
by them, or to the smoke of quietness until it suffocates
in it, or to the claws of fragmentation until it is killed
by them. In fact, He sends between one century and the
next one who will gather it, resuscitate it, and awaken
it. These are some of the meanings of innovation, so he
innovates it by religion and innovates the religion by it.
Most of the interpreters of the Hadith,
as it has been made clear by the discussion above,
understood that the sense of 'who innovates its religion'
includes one individual, upon whom God bestows scientific,
moral and practical qualities that allow him to rejuvenate
the religion, and brings back to it liveliness and
strength, through a knowledge that is useful to all, an
action that is sound, a struggle for the cause of a
religion that is great. This is what made them endeavour
to identify this innovator at the beginning of each
century, so they sometimes agreed and did not at others.
So they agreed that the innovator of the first century is
the fifth Rightly Guided Caliph Omar Ben Abdulaziz, the
innovator of the second century is Imam Muhammad Ben
Idriss Ashshaafi`ii, the innovator of the fifth century is
Abu Haamid Al Ghazali, the innovator of the sixth century
is Ibn Daqiiq Al `iid, and widely disagreed as regards the
rest of the innovators.
I think the 'who' in the Hadith, and in
the Arabic language in general refers to the plural as
well as the singular. In this particular case, it refers
to the plural as well. So innovating the religion in a
particular century is not necessarily the responsibility
of a single individual, but a group of people. These may
be scholars, the rulers, or the senior officers, or the
educators. They may be in one country or they may be in a
number of countries. Each one of them may work in his own
field, or they may collaborate with each other within the
framework of a league or an association. The innovation of
some of them may be in the field of preaching and culture,
another or others in the field of jurisprudence, another
group in the field of education and training, others in
the field of social reform, another group in the field of
economics and another in the field of politics. There is
nothing wrong with the diversity of fields and the
diversification of the forms of action and innovation.
These differences have to reflect diversity and specialty,
not a difference reflecting contradiction and enmity. What
is meant here is that there should be complementarity,
coordination and cooperation between these different kinds
of action, so that they complete each other, and they
support each other. They should not deny each other, or
obstruct each other's work, which would lead to weakening
all of them and strengthening their common enemy.
The linking of innovation with the name
of a single uncommon individual, makes people live in the
hope of his emergence, and all they do is wait until the
ground opens for him to appear and innovate what they were
incapable of doing. This is the secret of letting people
expect the idea of the Messiah. I think that innovation
should be linked with a group or a school or movement,
within which each individual Muslim would do his share in
the innovation process and would contribute in accordance
with his capabilities in its effort. In this case, the
question is no longer 'When is the innovator of religion
going to appear?', but 'What can I do to innovate
religion?'
Q : In the Muslim world
innovation and innovators were linked with various trends
and untrue allegations of secularity, or of latent
atheism, in order to deprive Muslims from the reality of
their religion. Is this true innovation? Are these true
innovators?
A : Calling these innovators is
an erroneous appellation. These are squanderers not
innovators, because they have no real relationship with
actual innovation. The innovation of something means
taking it back to the way it was at its beginning and when
it first appeared, and mending all the disorders it may
have undergone over time, while keeping its authentic
character and its distinctive features. This is exactly
what we do in a palace or an old monument which we want to
renovate or restore. We do not allow anybody to change its
nature, or change its essence, its form or its traits. In
fact we endeavour to take it back to its original state.
But , if we do destroy it and build in its place a
skyscraper of the modern kind, this is not innovation at
all.
Those you have mentioned in your
question are the kind of people who want to destroy the
old mosque to build in its place a new church, with all
its components and characteristics, except that they put
the name of a mosque on top of it.
Whoever called these people innovators
is not other than colonialism, its disciples and its
agents amongst orientalists. Their real name is 'the
slaves of western thought'. They do not even rise to
become the disciples of the western thought, because a
real student argues with his teacher, and may even oppose
him and reply to him. But the attitude of the ones you
have mentioned towards western thought is an attitude of
alignment and slavery, which leads them to think that
whatever the west believes in is the right thing, and
whatever it says is the truth, and whatever it does is
beautiful. The same thing applies to the slaves of the
right and the slaves of the left. They both come from the
same source and they all constitute a branch of the tree
that is damned in the Qur'an, the Old Testament and the
Bible : that is the tree of wicked materialism, which
deprives man of his soul, life of its faith and society
of the guidance of Allah. The falsity of these impostors
of innovation was uncovered by Dr. Mohammad Al Baahii, God
Bless his Soul, in his valuable book Modern Islamic
Thought and its Relation with Western Colonialism(8).
The real innovator is the one who
innovates religion by religion and for religion. But he
who wants to innovate religion from outside, i.e. with
imported ideas and intrusive thoughts, and innovates to
the advantages of the west or the east, is farthest from
true innovation.
1. Surah 8, Verse 41
2. Surah 57, Verse 25
3. Surah 2, Verse 140
4. See the section entitled "The
characteristics and rules of a modern and sound
scholarship" in our book Scholarship in Islamic Law,
published by Dar Al Qalam, Kuwait.
5. See our book The Law of Islam , how
do we select from our Islamic heritage?, p. 110, published
by the Islamic Bureau, Beirut
6. Surah 5, Verse 5
7. Authentic, see the Sahiih Al Jaami`
Al Saghiir, no. 1873, second edition.
8. In order to read more about this
topic refer to the chapter entitled 'Authenticity not
regression, and innovation not westernisation' in our book
entitled Certainties of the Islamic solutions and the
uncertainties of the secular and the westernised
Mu'assasat Arrisaala, Beirut.
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