Introducing New Sources for the Shareeah

Introducing New Sources for the Shareeah

Abd Al-Rahman Ibn Mualla Luwayhiq

Taken from Religious Extremism in the Lives of Contemporary Muslims, pp. 378-390

The words of the scholars are in agreement concerning the authority [1] of the three fundamental sources of the Shareeah. These three are the Quran, the Sunnah and the consensus. The majority of the scholars also consider analogy an authority. [2]

They differ concerning the authority of a number of sources, such as al-istihsaan ("juristic preference in favor ofless apparent sources"), al-istislaah ("deciding in the light of general needs and interests"), al-istishaab ("continuance of a rule until proven otherwise"), the statement of a Companion, the laws (Shareeah) of the [prophets] before us and the consensus of the people of Madinah. Both those who consider these valid authorities and those who do not consider them authorities provide Shareeah and rational evidence for their views.

The sources are the indicators that make a Shareeah ruling apparent. Al-Amid [3] stated,

"Each one of these types [that is, the Quran, Sunnah, consensus, analogy and istidlaal or istishaab] is an indicator for manifesting the Shareeah ruling for US." [4]

The foundation for all of those sources is the Quran only. Imam al-Ghazaali stated,

"Know that if we looked at the reality of the matter, it becomes clear that the source of the laws is one only, and that is the word of Allah." [5]

Al-Amidi stated,

"The foundation for those [that is, the five sources mentioned above] is only the Quran. This is because they all return to the word of Allah for legislating the laws. The Sunnah is a report concerning Allah's words and ruling. The basis of consensus goes back to those two. As for analogy and istidlaal, their result goes back to adhering to what is understood from the texts or consensus. The text and consensus are a foundation while analogy and istidlaal are branches subservient to them."[6]

Shukri Mustafa's group fell into a form of extremism that was, to the best of my knowledge, unprecedented as they invented new sources for the Shareeah. Shukri Mustafa wrote in a book of his entitled al-Hujjiyaat,

What are the containers in which Allah pours for us the guidance? There is no doubt that the containers are limited to what Allah created and what He ordered. Is there anything else that one could imagine to contain knowledge? Certainly not. One does not find knowledge outside of the realm of the creation. And one does not find a creation without knowledge. Therefore, every part of creation is connected to knowledge. And every piece of knowledge is connected to the creation. It is not possible to learn something that does not exist or is not created. Here is a point that one must turn one's attention to. The general knowledge that we mean here is that which is related to the worship of Allah; that is, it is the knowledge by which we worship Allah. Even if we ascribe it to Allah, by calling it the "knowledge of Allah," this is what we mean by it. We do not mean by that the knowledge of Allah Himself. Here is a question: But is it possible for us to partition the creation and command into what is simpler than that, of additional clarity and additional explanation? As for the creation, it may be summarized by the heavens and the earth (and, of course, what they contain and what is between them). It also includes the human as he is the subject of the matter that we are discussing. Definitely, it is not permissible for there to be any creations other than what we have limited it to: the heavens and the earth, what is between them and what is in them, and the human and what Allah has sent him with of natural disposition. As for the command-of the command that is connected or in existence in what Allah has created, there is nothing remaining save for the Shareeah and guidance that Allah sent down to us. That is the "Reminder" (al-dhikr), which is the Quran and Sunnah. Therefore, the sources in which guidance is found are now the following:

(1) The heavens and the earth and what they contain of order;

(2) the human being and what he possesses of sound natural disposition;

(3) the Quran; and

(4) the Sunnah or hikmah (wisdom).

The distinguishing features of these containers are that they are all truth and everything else is falsehood. The authentic Quranic texts and non-Quranic texts provide evidence for this. [7]

He uses a number of texts to prove his point. Concerning his first source, the heavens and earth and what they contain of order, he uses the following as proofs:

(1) Allah's statement,

"We created not the heavens, the earth, and all between them, but in truth" (al-Hijr 85).

(2) Allah's words,

"Verily in the heavens and the earth are signs for those who believe.

And in the creation of yourselves and the fact that animals are scattered (through the earth), are signs for those of assured faith" (al-Jaathiyah 3-4).

(3) Allah's statement,

"Not for (idle) sport did We create the heavens and the earth and all that is between" (al-Anbiyaa 16).

(4) Allah's words,

"Not without purpose did We create heaven and earth and all between" (Saad 27).

(5) Also, Allah's statement,

"We created not the heavens and the earth and all between them but with truth, and for a term appointed" (al-Ahqaaf [8]).

(6) Finally, they quote Allah's words,

"Behold! In the creation of the heavens and the earth, and the alternation of night and day, there are indeed signs for men of understanding. Men who celebrate the praises of Allah, standing, sitting, and lying down on their sides, and contemplate the (wonders of) creation in the heavens and the earth, (with the thought): 'Our Lord! Not for naught have You created (all) this! Exalted You be. Give us salvation from the Penalty of the Fire" (ali-Imraan 190-191).

They also quote other evidence which all have the same purport. In general, they quote as evidence the verses that order the contemplation and reflecting upon the creation of the heavens and earth and what is between them. [8] As for their second source, which is the human being and what Allah has filled him with of natural disposition, they quote the following as proof:

(1) Allah's words,

"So set your face steadily and truly to the faith: (establish) Allah's handiwork according to the pattern on which He has made mankind. No change (will there be) in the work (wrought) by Allah. That is the upright religion, but most among mankind understand not" (al-Room 30).

(2) Allah's words,

"Nay, man will be evidence against himself, even though he were to put up his excuses" (al- Qiyaamah 14-15).

(3) Allah's statement,

"O man! What has seduced you from your Lord Most Beneficent? Him Who created you, fashioned you in due proportion, and gave you a just bias; In whatever form He wills, does He put you together" (al-Infitaar 6-8).

(4) Allah's words,

"Have We not made for him a pair of eyes? And a tongue, and a pair of lips?" (al-Balad 8-9).

(5) Allah's statement,

"We have indeed created man in the best of molds" (al-Teen 4).

(6) And the Messenger of Allah (peace and blessings of Allah be upon him) said,

"Every child is born upon the fitrah (the natural disposition to believe in the oneness of God)." [9]

They also quote other texts of the Quran as evidence. They indicate the completeness of the creation of humans and that Allah has breathed into humans a spirit created by Him.

After presenting these evidences, Shukri states,

"A person cannot be guided if he divides himself from these four specific sources or if be tries to distinguish between them. The guidance is in them all as one general thing. In fact, whoever distinguishes one from the others or does away with one of them is a disbeliever, as there is no contradiction between any of them.

Allah has said, 'On the earth are signs for those of assured faith, as also in your own selves: will you not then see? And in heaven is your sustenance, as (also) that which you are promised. Then, by the Lord of heaven and earth, this is the very truth, as much as the fact that you can speak intelligently to each other' [al-Dhaariyaat 20-23]." [10]

By such statements in which they have introduced new sources for the Shareeah, this jamaah (group of Shukri) has violated the consensus of the Nation that states that the Quran and Sunnah are to take precedence over everything else. They also violated the consensus which states that the sources of the Shareeah are restricted to those discussed earlier-regardless of whether it be the agreed-upon or the disagreed-upon sources. One may concisely refute their views in the following points:

The First Point:

When the ahl al-sunnah wa al-jamaah clarified the sources of the Shareeah, they explained how the laws are to be derived from those sources and they put such into practice. The first thing that is sought from Shukri's group is an explanation of these sources and a clarification of how laws are to be derived from them. However, that never occurred. Instead, these sources were simply presented in general and briefly. [11]

The Second Point:

The verses related to the heavens and earth-that were presented as evidence that the heavens and earth and what is between them form some form of authority-point to the fact that the perfection and detail of their creation indicate that they must have had a former and a creator. However, this is true not just for the heavens and the earth. This is true for all of the creation. For that reason, in soorah al-Baqarah, Allah mentions a number of creations that all indicate the necessary existence of a creator.

Allah says,

"Behold! In the creation of the heavens and the earth, in the alternation of the night and the day, in the sailing of the ships through the ocean for the profit of mankind, in the rain which Allah sends down from the skies, and the life which He gives therewith to an earth that is dead, in the beasts of all kinds that He scatters through the earth, in the change of the winds and the clouds which they trail like their slaves between the sky and the earth, (here) indeed are signs for a people that are wise" (al-Baqarah 164).

In other words, all of those aspects of creation are "indicators indicating [Allah's] oneness and ability." [12] Allah did not just explain His oneness by informing of it. Instead, He accompanied that information with the command to contemplate and reflect. He said to the Prophet (peace and blessings of Allah be upon him),

"Say: 'Behold all that is in the heavens and on earth'" (Yoonus 101).

Allah also says,

"Do they see nothing in the government of the heavens and the earth?" (al-Araaf 185).

And Allah says,

"As also in your own selves [are signs]: will you not then see?" (al-Dhaariyaat 21). That is, "do they not look at those things while contemplating and reflecting" [13] in order to attain by them knowledge of the attributes of the Creator, the All-Knowing, the All-Wise, the All-Powerful, the All-Hearing and the All-Seeing. Certainly, reflection and contemplation are from the means of faith and paths of certainty. Taking indications from the heavens and the earth is of the nature of noticing the effect of the source of the cause upon the object being affected. Otherwise, the heavens and the earth are creations that one cannot fathom. There is no way for them to be a source upon which one builds a religion or an authority that one uses as evidence to forge along a path.

The Third Point:

Allah confirms that the creation of the heavens and the earth is with truth. But this is not an indication that they are some sort of authority. Instead, it means that they were not created purposeless or in vain. [As Allah says,]

"Not without purpose did We create heaven and earth and all between" (Saad 27). "That is, [We did not create them] out of jest or play. Instead, We created them not except for a sound purpose: to be an indication of Our power and ability." [14]

Allah also says,

"Not for (idle) sport did We create the heavens and the earth and all that is between" (ai- Anbiyaa 16).

So, this creation was not created for fun or in vain. In fact, this creation has a wise creator and He created it for a far-reaching purpose. The "sport" that is denied in this verse is that which is the opposite of wisdom. [15]

The Fourth Point:

The scholars differ concerning the meaning of the word fitrah as found in

Allah's words,

"(Establish) Allah's handiwork (fitrah) according to the pattern on which He has made mankind" (ai-Room 30),

and in the Prophet's saying,

"Every child is born upon the fitrah (the natural disposition to believe in the oneness of God)." [16]

A number of opinions are expressed, as follows:

The First Opinion:

This opinion states that the fitrah means Islam. This opinion "was well-known among most of the early scholars." [17] Abu Hurairah, ibn Shihaab [18] and others stated this. This was also al-Bukhari's opinion. They quote the following as evidence for this view:

(1) Allah says,

"So set your face steadily and truly to the faith: (establish) Allah's handiwork according to the pattern on which He has made mankind" (ai-Room 30).

Ibn Hajar stated,

"The scholars of Quranic interpretation all agree that the meaning of, 'Allah's handiwork according to the pattern on which He has made mankind,' is Islam." [19]

(2) The Messenger of Allah (peace and blessings of Allah be upon him) said,

"Every child is born upon the fitrah (the natural disposition to believe in the oneness of God)." [20]

This is quoted as evidence as other narrations of this hadith state,

"No child is born except that he is upon the religion (millah)." [21]

Another narration states,

"Except that he is upon this religion until his tongue explains for himself [what he is on]." [22]

(3) Iyyaadh ibn Himaar [23] narrated that the Prophet (peace and blessings of Allah be upon him) narrated from his Lord,

"I created all of my servants upon pure monotheism. Then the devils came to them and turned them away from their religion." [24]

Al-Qurtubi stated,

"Based on this interpretation, the meaning of this hadith is: The child is created free from kufr on the covenant that Allah took from the descendants of Adam when He extracted them from his loins." [25]

Ibn Taimiyyah was asked about the Prophet's statement,

"Every child is born upon the fitrah (the natural disposition to believe in the oneness of God)," [26]

and he said,

"The correct stance is that it is Allah's disposition that He created mankind upon. It is the natural disposition of Islam. It is the natural disposition that He set them upon on the day He said, 'Am I not your Lord?' They said, 'Certainly [you are]" (al-Araaf 172)."'[27]

He also said,

"It is not necessary that their being born upon the natural disposition means that they are at the time of their birth believing in Islam in practice. Allah takes us out of the wombs of our mothers while we know nothing. However, the heart is pure and it accepts and desires the truth which is Islam, to the point that if it were left without any alteration it would accept nothing other than being a Muslim." [28]

He also said,

"The messengers were sent to affirm and complete the fitrah and not to change or modify the fitrah." [29]

The Second Opinion:

"The fitrah is the beginning upon which Allah begins them. In other words, it is what Allah began His creation upon as He started them for life and death, happiness and misery and what they become when they reach the age of puberty." [30]

Imam Ahmad was of this opinion but then he recanted and followed the first opinion stated above.

Ibn Abdul Barr [31] stated,

"The reports that Malik recorded in his Muwatta and mentioned in the Chapter on Qadar (Predestination) indicate that his opinion on this matter was of this nature.'" [32]

They offer the following verse as evidence for this position:

"Such as He created you in the beginning, so shall you return. Some He has guided. Others have (by their choice) deserved the loss of their way" (al-Araaf 29-30).

The Third Opinion:

This opinion states that the verse and the hadith are not in reference to all of mankind. The meaning of "al-nass (the people, humans)" here is only the believers. If everyone had the disposition towards Islam, no one would ever become a disbeliever while it is confirmed that some people have been created for the Hell-fire. As Allah has said,

"Many are the Jinns and men We have made for Hell" (al-Araaf 179). [33]

The Fourth Opinion:

The fitrah is the natural disposition upon which the child is born giving him the ability to recognize his lord.

In other words, every child is born upon a natural disposition via which he recognizes his lord when he is conveyed the information about Him. Hence, this is a natural disposition that differs from the natural instincts of animals that do not take them to the point of recognizing their lord. The people of this view cite the verses in which the word faatir is used to mean creator. For example, Allah says,

"Praise be to Allah, Who created (faatir) (out of nothing) the heavens and the earth" (Faatir 1).

Allah also says,

''It would not be reasonable in me if I did not serve Him Who created me (fatarani)" (Yaaseen 22).

The first opinion is the strongest due to the strength of its evidence. Regardless of which of these opinions is strongest, they all agree that the fitrah is the origin by which humans come into life and it is not a source of aqeedah or beliefs. It is the innate disposition that is prepared to accept the sound beliefs once such reaches him via the books or the messengers by which Allah establishes the proof against mankind,

"That mankind, after (the coming) of the Messengers, should have no plea against Allah" (al-Nisaa 165).

The Fifth Point:

The verses that mention Allah's blessing about man by making his creation excellent, fashioning him in the best of molds and breathing into him of a spirit from Allah, do not contain any indication that humans themselves are a source and authority. A source is that from which humans derive their beliefs and practical laws. It is not possible that the human himself is a source for such laws as he is wont to follow his desires and cravings and other internal and external influences. It seems to be the case that by making humans-including the fitrah-one of the sources of the Shareeah, they are simply trying to magnify the role of the human intellect and reasoning.

"Whoever studies their writings with a critical eye will note that they are greatly concerned with logic and rational arguments. They give them precedence over the Quran and Sunnah." [34]

1) Authority (hujjiyah) means, "disclosing, uncovering and indicating. It is binding to act upon what it indicates as such is considered the judgment of Allah." Abdul Ghani Abdul Khaaliq, Hujjiyah al-Sunnah, p. 244.

2) See, for example, al-Shaatibi, al-Muwaafaqaat, vol. 2, p. 345; ibn Qudaamah, Raudhah al-Naadhir, p. 61; Fawaatih al-Rahamoot, vol. 2, p. 2; al-Badakhshi, Manaahij al-Uqool and al-Asnawi, Nihaayah al-Sool, both being commentaries on al-Baidhaawi, Minhaaj al-Wusool, vol. 1, p. 39.

3) He was Saif al-Deen Abu ai-Hasan Ali ibn Muhammad ibn Saalim al-Taghlabi, a legal theorist and researcher. He was originally from Aamad. He was born there and studied in Baghdad and al-Shaam. He then moved to Cairo. He authored more than twenty writings, including al-Ihkaamfi Usool al-Ahkaam. He died in 631 A.H. Cf., al-Alaam, vol. 4, p. 332.

4) lhkaam fi Usool al-Ahkaam, vol. 1, p. 227.

5) Al-Mustasfa, vol. 1, p. 100; cf., ibn Qudaamah, Raudhah al-Naadhir, p. 61.

6) lhkaam fi Usool al-Ahkaam, vol. 1, p. 227.

7) Al-Hujiyyaat, pp. 3-4.

8) Cf., Shukri Mustafa, al-Hujjiyaat, pp. 190-191.

9) Recorded by al-Bukhari, Muslim and Abu Dawood.

10) Shukri Mustafa, al-Hujjiyyaat, p. 5.

11) Cr., Muhammad Suroor, al-Hukum Bi-Ghair ma Anzalallah, p. 124.

12) Al-Qurtubi, al-Jaami li-Ahkaam al-Quran, vol. 2, p. 201.

13) Al Qurtubi, al-Jaami li-Ahkaam al-Quraan, vol. 2, p. 202.

14) Al Qurtubi, al-Jaami li-Ahkaam al-Quraan, vol. 15, p. 191.

15) Cf., Al-Qurtubi, al-Jaami li-Ahkaam al-Quraan, vol. 11, p. 276.

16) Recorded by al-Bukhari, Muslim and Abu Dawood.

17) Ibn Abdul Barr, al-Tamheed, vol. 18, p. 72. Cf., ibn Taimiyyah, vol. 8, p. 367; ibn Hajar, al-Fath, vol. 3, p. 248.

18) He was Abu Bakr Muhammad ibn Muslim ibn Shihaab al-Zuhri, the first to make a systematic recording of hadith. He was one of the leading gatherers of knowledge and jurists among the generation of the Followers. He was from the people of Madinah. He died in 124 A.H. Cf., al-Alaam, vol.7, p. 97.

19) Ibn Hajar, Fath al-Baari, vol. 3, p. 248.

20) Recorded by al-Bukhari, Muslim and Abu Dawood.

21) Recorded by Muslim.

22) Recorded by Muslim.

23) He was Iyyaadh ibn Himaar ibn Naajiyyah ibn Uqaal al-Majaashi. He was a Companion. He has hadith found in Sahih Muslim, Sunan Abi Dawood and Sunan al- Tirmidhi. He lived in Basrah and a number of the Followers narrated hadith from him. Cf., al-Isaabah, vol. 7, p. 185.

24) Recorded by Muslim.

25) Al-Qurtubi, al-jaami li-Ahkaam al-Quran, vol. 14, p. 25.

26) Recorded by al-Bukhari, Muslim and Abu Dawood.

27) Ibn Taimiyyah, al-Fataawa, vol. 4, p. 245.

28) Ibn Taimiyyah, al-Fataawa, vol. 4, p. 247. Cf., what Ibn Hajar quoted from al-Teebi in Fath al-Baari, vol. 3, p. 249.

29) Ibn Taimiyyah, al-Fataawa, vol. 10, p. 135.

30) Al-Qurtubi, al-Jaami li-Ahkaam al-Quraan, vol. 14, p. 25.

31) He was Abu Umar Y oosuf ibn Abdillah ibn Muhammad ibn Abdil Barr al-Namri al-Qurtubi, the Maliki. He was one of the greatest gatherers of knowledge and a jurist. He was a historian and a man of letters. He was called the haafidh of the West. He was born in Cordoba in 368 A.H. He traveled through Andalus on a lengthy journey. He acted as a judge in many of its lands. He died in Shaatibah in 463 A.H. He wrote many famous works, including al- Tamheed lima fi al-Muwatta min al-Maani wa al-Asaaneed. Cf., Siyar Alaam al-Nubalaa, vol. 18, p. 153; al-Alaam, vol. 8, p. 240.,

32) Al-Qurtubi, al-Jaami li-Ahkaam al-Quraan, vol. 14, p. 25.

33) Cf., al-Qurtubi, al-Jaami li-Ahkaam al-Quraan, vol. 14, p. 26.

34) Muhammad Suroor, al-Hukum bi-Chair ma Anzalallaah, p. 127.

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