ABOUT" TAQLEED" (CONFORMATION)

Q1.Whatdoes"Taqleed"mean?

1. "Taqleed", according to Shari'ah, means to take somebody's words and deeds for oneself as "argument" or "reason" considering him one of those who are "authority" on code of Islaam and IslaamicjurisprudencewithoutreferringtoShari'ahaswefollowthesuitofHadratImaamAzam Abu Hanifa (may Allah be pleased with him) in "Masaa-il-e-Shari'ah" (religious affairs and issues) without any consideration whether he has explained or resolved such and such issue according to the Holy Qur-aan or Sunnah or "Ijma-e-Ummah"(consensus of Muslim scholars) or by his own judgement. "Taqleed" (conformation) is "Waajib" (essential). The believer who follows any Imaam's suit is called "Muqallid" (conformist, follower) as we are "Muqallid" of Imam Azam Abu Hanifa(may Allah be pleased with him).

Q2.Inwhichmattersis "Taqleed"tobe done?

1. There are three kinds of religious matters of Islaam: (1).Beliefs: These must be understood well and firmly committed to the heart. Beliefs are the principles of Islaamic faith. Therefore, these are immune from amendment and revocation and even omission or addition. (2).The clear- cut "commands" of the Holy Qur-aan and Sunnah like obligatory prayers five times a day, fasts (of the holy month) of Ramadaan, Hajj, Zakaat (poor-due) etc. "Ijtehaad" (independent interpretation of Islaamic matters) or "Qiyaas" (opinion, judgement) of any "Mujtahid"(the jurist who exercises his independent opinion) has nothing to do with the "commands". (3).Those commands which have been derived from "Qur-aan-o-Hadees" through "Ijtehaad" (consensus).In such fundamental beliefs "Taqleed" is not to be done. Likewise the express "commands" ofthe Holy Qur-aan and Holy Prophet are exempt from "Taqleed". Our conformation to (following the suit of) Imaam Azam Abu Hanifa (may Allah be pleased with him) in religious affairs and issues is not on the ground that he has enjoined to do so but because "Qur-aan-o-Hadees" have expressly commanded in these respects. The third kind of religious matters is those which have been derived from "Qur-aan-o-Hadees" and "Ijma-e-Ummah" (consensus of Muslim scholars). "Taqleed" in such affairs is binding upon a "Ghair-Mujtahid" (non-jurist). As against this, it is forbidden for a "Mujtahid".

 

Q3.Whois"Mujtahid"?

1. "Mujtahid" is the mature and sane (male) Muslim who possesses extra-ordinary intellect and wisdom to fathom and grasp the niceties, subtelities and essence of the Qur-aanic chapters and verses in the true sense of their divine meaning. He ought to have mastery of Arabic grammer and syntax and eloquence in the language; be knowledgeable about the annulling and annulled injunctions (of the Holy Qur-aan); have the minutest knowledge of all Qur-aanic verses and sayings of the Holy Prophet concerning "commands" and well-versed in infering solution of all religious affairs and issues from "Qur-aan-o-Hadees" knowing well their "source" and "argument" that such-and-such matter or issue has been resolved in the light of so and so Qur- aanic verse or Hadees. Besides, he must be a man of cultivated and pleasant genious andsagacity.

 

Q4.What is"Fiqah" andwho is "Faqih"?

1. "Aa-imah Mujtahideen"(Muslim scholars,theologians) collected "Massa-il-e-Shari'ah" (assortedIslaamicmatters,issues)and"CommandsofShari'ah"whichwerescatteredhereand

there throughout the Holy Qur-aan and "Ahaadees" (Prophetic sayings) and those affairs,issues which were arrived at through "Ijma-e-Ummah" (consensus of Muslim scholars) and "Qiyaas" (opinionjudgement) and compiled them topic-and-chapter-wise for the facilitation of believers. This voluminous collection is called "Fiqah" (Islaamic jurisprudence). To follow these "Masaa- il-e-Shari'ah" is, in fact, to follow "Qur-aan-o-Hadees" and "Ijmaa-e-Ummah". Those learned ones who have expertise in the knowledge of "Fiqah" are called "Faqih" pl. "Fuqaha" (Islamic jurists).

 

Q5.Whatis"Mazhab"?

A.AconstitutionofIslamiclawsandprinciplesorarticlesoffaithofany"ImaamMujtahid"(the Muslim leader who is authority on "code of Islaam") which he has inferred from "Qur-aan-o- Hadees" and "Ijmaa-e-Ummah" in respect of "Furoo'ee Masaa-il" (non-essentials, subsidiary affairs,issues) is called "Mazhab" (creed). "Deen-e-Islaam" (Islamic religion) is the basis and "Mazhab" is its branch.

 

Q6. How many "Mazhabs" are found atpresentintheMuslimworld?

1. According to a saying of the Holy Prophet "Sawaad-e-Azam" (vast majority of Muslims following Sunnah) is the only sect which would find good (salvation) in this world and the next world. This biggest sect of the believers is "Naaji"(blessed one, deserving paradise) i.e. "Ahle- Sunnat-wa-Jama'at" comprising all four "Mazhabs" (Hanfi, Maaliki, Shaafa'i and Hanbli). It has been a practice of the whole Muslim Ummah (community of the Holy Prophet) since the time of Taba' Taaba'een (successors to companions' successors) until now that he who is not himself a "Mujtahid" conforms to (follow the suit of) any "Mujtahid". That's why, the prominent "Ulama", "Fuzala", "Mohaddiseen" and "Mufassireen" (Muslim scholars, the doctors well-versed in traditions and experts in Qur-aanic exegises) conformed to any of the four Imaams putting aside their valuable reseaches and became, ipso facto, "Muqallid" (conformists, followers).

Hadrat Imaam Bukhari, Imaam Muslim (may Allah shower His mercy on them) and other scholars, doctors of traditions,narratives whose "Ahaadees" books are considered to be the most authenticintheMuslimworlddid"Taqleed"(conformedto)throughouttheirlivesandsodidthe great saints like Hadrat Ghous-e-Azam and Hadrat Khowaja Gharib Nawaz (may Allah have mercy on them). In brief, none but only the said four Imaams have to be conformed to, even though his "beliefs" be in line with any Qur-aanic verse, saying of the Holy Prophet or sayings and actions of the Prophet's companions. The one who is out of the fold of any of the four "Mazhab" is a misguided, misguider, disbelieving and heretic one because he makes his ownway in the religion unlike all other Muslims. An "Hadees" in this context says: the believer who separated himself from the major sect of Muslims has, indeed, strayed for hell.

 

Q7.What abouthe whoclaims tofollowallthefour"Mazhabs"?

1. The one who does not follow the suit of (conformto) any of the four Imaams but claims to be a follower of all the four, actually tries to hoodwink and inveigle people into unruliness. Acting upon the directives of all four "Mazhabs" means that these "Mazhabs" of the great leaders of Ahle Sunnat have some un-Islamic things and thus one Mazhab can not be followed but instead thelawfulthingsofall"Mazhabs"bechosenandfolloweddiscardingtheunlawfulones.Suchan absurd notion which brings disgrace and disrepute to all Muslim leaders and scholars who not only did "Taqleed" themselves of only one of the four Imaams throughout their lives but also enjoined their followers to do the same makes the claiment of this nonsense himself a misguided and disbeliever and he is one of those who are out of the Islaamic-fold. Following all the four "Mazhabs"simultaneouslyislike:therearefourstraightwaysleadingtoasetgoalandpeople

adopt any of them to reach the destination but a man shouts and advises them not to adopt only one way but take all the four to attain to the goal. Nobody heeds to him and continue their journey to the destination having chosen only one from them. Being frustrated, he himself goes ahead with his silly plan. He takes one way and abandones it half-way adopting the other. He leaves it too incomplete and rushes to the third one and then to the last one but finishes up with futility. (An English maxim to this effect: "a rolling stone gathers no moss"). Is this man a sensibleoralunatic?Judgeyourself.Inshort,itisobligatoryoneveryMuslimtoremainadhered to the "Mazhab" of his Imaam. In case of dessertion from his "Mazhab" no excuse will be accepted in the Divine Court and he will be damned. Believers must hold all the four "Imaams" inhighesteemandconsiderthem"AhleSunnat". Theirfollowersandconformistsarealsoonthe righteous path.

 

No "Mazhab" of any "Imaam Mujtahid" can be termed as "Bid'at"(heresy). The one who says it "Bid'at" is, according to Muslim scholars, himself a heretic, disbeliever and renders himself culpable for hell.

 

Q8.Whoare"Ashaa'irah"and"Maaturidiyah"inAhleSunnat?

1. We have already told you that nobody's "Taqleed" in fundamental beliefs is lawful except in subsidiary affairs,issues.AhleSunnataredividedin twogroupsonsomesubsidiaryaffairs,issues

i.e. "Maaturidiyah" who conform to Hadrat Imaam Abu Mansoor Maaturidi (may Allah shower His mercy on him) and "Ashaa'irah" who follow Hadrat Imaam Shaikh Abul Hasan Ash'ari (may Allah shower His mercy on him). Both these Imaams are Ahle Sunnat and on the righteous path. Their difference on subsidiary affairs, issues is like that of "Hanafi" and "Shaafa'i". They do not term each other as misguided or disbelieving one even "Faasiq-o-Faajir" (disobedient, transgressor).

Q9.Which typeof "Taqleed"hasbeen described'bad'in Qur-aan-o-Hadees?

1. Some people follow such rites of their forefathers concerning marriage and death matters which are repugnant to "Shari'ah and insist on observing them even though those are un- Islaamic. Such "Taqleed" has been denounced by "Qur-aan-o-Hadees". Describing "Taqleed-e- Aa-imah" (conformation to the great Imaams) unlawful in the light ofthese Qur-aanic verses and Propheticsayingsisnothingbutdisbelief.NobelievercandaretogiveupQur-aan-o-Hadeesand followImaam's wordsanddeedsover-ridingAllahandHisProphet'scommandsconsideringthat his salvation lies in it.

 

All believers act upon the commands and directives of Qur-aan-o-Hadees as researched and interpreted by these great Imaams and that's why they are called "Muqallid".

 

Q10.Whatare thenames andtitles ofthe Imaamsoffour Mazhabs?

A.ThefourImaamsare:

 

1. HadratImaam-e-A'zamNu'maanbinSaabit(mayAllahbepleasedwithhim): Histitleis Abu Hanifah. He was born in Kufa (city) in 80 A.H. He is the founder of "Fiqah" viz: Hanafi.His "Ijtehaadi Masaa-il" (those affairs, issues which he derived from Qur-aan-o-Hadees through his independent judgement, opinion) are spread and being followed in the Muslim world particularly in great Islaamic states for about 1200 years as his "Mazhab" abounds with thebasics and dynamics of efficient governance. A majority of believers in the Muslim world is his follower. No Aa-imah (the four great Imaams) but he has the distinction of seeing and enjoying the company of the Holy Prophet's companions.

He died in Baghdad Sharif in 150 A.H. His popularity and the esteem in which he was held can be gauged from the fact that his first funeral prayer was attended by about fifty thousands people and since people kept coming in, therefore his funeral prayer was held six times consecutively to facilitate his disciples and votaries to attend it.

 

HisshrineisinBaghdadandisoneofthesacredandprominentplacessituatedthere.

HadratImaamBukhari(mayAllahhavemercyonhim)isoneofthosegreatIslamicscholars, jurists and traditionists who were his (Abu Hanifa's) students' students.

His"Muqallids" (followers, conformists)arecalled"Hanafi".

2. Hadrat Imaam Muhammad bin Idrees Shaafa'I (may Allah be pleased with him): His title is Shaafa'i. The year of the death of Hadrat Imaam Abu Hanifa and the year of the birth of Imaam Shaafa'i is the same i.e. 150 A.H. He was born in Asqalaan. His title is also AbuAbdullah and he is Haashmi-Qureshi-Muttalabi by lineage. He was matchless in Islaamic jurisprudence and the knowledge of Qur-aan-o-Hadees besides other sectors of learning. He was also peerless in "Zuhd-o-Taqva" (piety and continence), generosity and magnanimity.

 

He died at the age of 54 in 204 A.H. His shrineis in Qaraana (Egypt). His "Muqallids" are called "Shaafa'i".

 

3. Hadrat Imaam Maalik bin Anas (may Allah be pleased with him): He was born in holy Madinah in 95 A.H. His "Kuniyah" (surname) is Abu Abdullah. All Muslim scholars of his time acknowledged him as their "Imaam". Hadrat Imaam Shaafa'i is one of his prominent students. Numerous great Muslim scholars and jurists gained a lot from his fountain of knowledge.

He had unbounded love for the Holy Prophet and due to this attachment he spent his whole lifein sacred Madinah.

 

Hediedattheageof84inholyMadinahin179A.H.andhisshrineisalsothere.His "Muqallids" are called "Maaliki".

 

4. Hadrat Imaam Ahmed bin Hanbal (may Allah be pleased with him): He was born in Baghdad Sharif in 164 A.H. and was also brought up there.

 

His greatness, Islaamic knowledge and audacity in braving trials and torture for Islaam are no secret. During the time of Caliph Maamoonur Rasheed a mischievous issue of whether the Holy Qur-aan is creation of Allah or His Kalaam (speech, word) was stirred. Imaam Hanbal stood like a rock against the mischief facing horrendous troubles and torture and did not allow any harm to come to Islaam. He died at the age of 77 in Baghdad in 241 A.H. His "Muqallids" are called "Hanbli".

 

 

 

 

 

 

www.islamicacademy.org

Volume-IV/CHAPTER-1/LESSONNO:8

TERMINOLOGY OF SHARI'AH'S COMMANDS

Q1.Whatdoes"Istilaah-e-Shar'i"mean?

1. A specified meaning of any word taken by "Shari'ah" is called "Istilaah-e-Shar'i" (technical term of Shariah).

Q2.HowmanycommandsofShariaharethere?

A.ThecommandsofShariahareoftwokindsi.e."Amr"(command,enjoininggood)and"Nahi" (prohibition, forbidding evil). The first kind of Shariah's commands is called "Maamooraat" (commanded duties) and the second kind is called "Manhiyaat" or "Mamnoo'aat" (prohibited things). "Amr-o-Nahi" (commands and prohibitions) are eleven. Of these five are "Amr"(commanded duties, acts) i.e. "Fard" [Farz] (obligatory act), "Waajib" (essential act), "Sunnat-e-Muakkadah"(emphasised Sunnah), "Sunnat-e-Ghair-Muakkadah"(non-emphasised Sunnah) and "Mustahab" (desirable, commendable act), five ones are "Nahi" (forbidden acts, things) i.e. the worst of these is "Haraam" (unlawful) act and then are "Makrooh Tahreemi" (odioustotheextentofbeingforbidden),"Isaa'at"(badbutlessthanodious),"MakroohTanzihi" (undesirable) and "Khilaaf-e-Ola" (those things, acts which are against Sunnah, decency) and the last (eleventh) one is "Mubah" (neither lawful nor unlawful).

 

Q3.Howmanykindsofobligatoryactsarethereandwhatisthedefinitionofeachof them?

1. There are two kinds of "Fard" (obligatory acts) i.e. "Fard-e-E'tiqaadi" (definite obligatory act) and "Fard-e-'Amali" (indefinite obligatory act but to be fulfilled). "Fard-e-E'tiqaadi" is that command of Shariah which is proved by the definite arguement,reason beyond any doubt. Its denier is, according to Hanafi scholars, an absolute infidel. There is "Ijma" (consensus ofMuslim scholars) that the one who denies any "Fard-e-E'tiqaadi" whose obligation is commonly knownandmanifestedbytheIslaamicfaith,isnotonlyhimselfaninfidelbutalsohewhodoubts about the infidelity of the denier.

 

In short, the one who abandons any "Fard-e-E'tiqaadi" like Salaat, Rukoo, Sujood (prayer, bowing, prostration), unless permitted by Shariah, is "Faasiq" (disobedient, transgressor), committer of major sin and deserves the torment of hell. "Fard-e-'Amali" (indefinite obligatory act but to be fulfilled) is that command of Shariah which is not proved by any definite argument,reason but it is "obligatory" in view of the consensus of "Mujtahids" (Islamic jurists) based on Shar'i reason to such an extent that one will not be relieved of the obligation unless he fulfills it. The worship which has "Fard-e-'Amali" will be nullified if it is not observed. Its intentional denial is disobedience, transgression and misguidance.

 

However, a Mujtahid can differ with it on the ground of any Shar'i reason,argument like the differences of "Aa-imah Mujtahideen" (the great four Imaams) that one Imaam considers a thing "Fard"buttheotherthinksotherwise.Forinstance,one-fourth"Masah"(passingwetfingersover the head) of the head during ablution is obligatory (Fard) according to Hanafi creed, of one hairis enough for Shaafa'ees and of the entire head as per Maaliki tenets. Every believer (Muqallid) must follow his Imaam's Mazhab in "Fard-e-'Amali". To do against the teachings of one'sImaam, unless permitted by the Shariah, is not lawful.

Q4.Howmanykindsof"Fard-e-'Amali"are there?

1. Fard-e-'Amali are of two kinds i.e. "Fard-e-'Ain" (strict obligation) and"Fard-e-Kifaayah"(an obligation which will be fulfilled even if performed by a few Muslims).

 

Fard-e-'Ain is the duty which ought to be performed by every sane matured Muslim like prayer five times a day.

Fard-e-Kifaayah is a general duty of believers whose performance by only some Muslims will absolveallandifnotperformedbyevenasinglebelieverthenallwillbeheldresponsibleforthe sin like washing the dead and funeral prayer.

Q5. Howmany kinds of"Waajib" are there?

1. "Waajib" are of two kinds like "Fard" i.e. "Waajib-e-E'tiqaadi" and "Waajib-e-'Amali". Waajib-e-E'tiqaadi is that injunction of Shariah whose essentiality is proved by "Daleel-e-Zanni" (a tradition reliably transmitted by one or a few people). "Fard-e-'Amali" and "Waajib-e-'Amali" are its two kinds. Waajib-e-'Amali is that injunction of Shariah (or "Waajib-e-E'tiqaadi) whose non-fulfilment will not cause believers sin. But its essentiality is stressed. If Waajib-e-'Amali is missed in worship in which its observance was essential then the worship will be defective but fulfilled.

 

However, leaving out any Waajib intentionally once is minor sin and more than one (repeating it a few times) is major sin.

 

Q 6. How many kinds of Sunnah are there?

1. There are two kinds of Sunnah i.e. "Sunnat-e-Muakkadah" which is also called "Sunan-ul- Huda" (regular, emphasised practice of the Holy Prophet) and "Sunnat-e-Ghair-Muakkadah" which is also called "Sunan-ul-Zawaa-id" and also "Mustahab" and "Mandoob" (irregular,non- emphasised but praiseworthy practice).

Q7.Whatis"Sunnat-e-Muakkadah"?

1. Sunnat-e-Muakkadah is the injunction of Shariah which was regularly fulfilled by the Holy Prophet but was occasionally missed so that it might not become "Fard" (obligatory) for his Ummah or that act which has been emphasised upon by the Shariah.

 

Q8. Whatabout hewho ignores"Sunnat-e-Muakkadah"?

1. The believer who fulfills Sunnat-e-Muakkadah will earn reward but in case he abandons it without any cogent reason, deserves condemnation. It is sinful to develop a habit of its abandonmentwhichwillrenderhim"Faasiq"(disobedient,transgressor)andhewillalsodeserve the torment of hell though its sin is less than that of abandoning "Waajib". Evidence of such man is unacceptable. Some Mulsims scholars maintain that the abandonment of Sunnat-e-Muakkadah is near to "Haraam"(unlawful) act and its "Taarik" (abstainer) might be (God forbid) deprived of the intercession of the Holy Prophet. The Holy Prophet Hadrat Muhammad Mustafa (mayAllah's choicest blessings & peace be upon him) is reported to have said: the one who abandons my Sunnah will not enjoy my "Shafaa'at (intercession).

 

Q9.Whatis "Sunnat-e-Ghair-Muakkadah"and whatinjunctionistheretothiseffect?

1. "Sunnat-e-Ghair-Muakkadah" is that injunction of Shariah which has not been emphasised uponbutignoringitisanundesirableact.However,nochastisementhasbeenspecifiedtothis

effect. Fulfilment of Sunnat-e-Ghair-Muakkadah will earn believer reward whereas its habitual abandonment invites Divine anger.

 

Q10.Whatis"Mustahab"?

1. "Mustahab" is that injunction of Shariah whose fulfilment is commendable,desirable in Shariah whether it was practised by the Holy Prophet himself or believers were motivated to doit or the Muslim scholars liked it even though it is not proved by "Ahaadees".

Itisrewardingtofulfill"Mustahab"butnooffenceifnotdone. Q11. How many kinds of forbidden things,acts are there?

1. "Mamnoo'aat-e-Shariah" (prohibitions of Shariah) are of five kinds i.e. "Haraam-e-Qat'ai" (absolutely unlawful), "Makrooh Tahreemi"(odious to the extent of being forbidden), "Isaa-at" (bad but less than odious), "Makrooh Tanzihi" (undesirable) and "Khilaaf-e-Ulaa" (acts,things inimical to Sunnah, decency).

 

Q12.Whatis"Haraam-e-Qat'ai"?

1. "Haraam-e-Qat'ai" is that prohibition of Shariah whose unlawfulness and forbidding are proved by the cogent and unquestionable argument,reason. This is the opposite of "Fard" (obligatory act). Its intentional commission amounts to major sin and transgression. It is obligatory on and rewarding for believers to refrain from it to their best.

 

Q13.Whatis"Makrooh Tahreemi"?

1. "Makrooh Tahreemi" is that prohibition of Shariah whose forbidding is proved by undeniable reason. This is the opposite of "Waajib"(e-ssential act). It is sinful to commit it as it renders worship defective though its sinfulness is less than that of "Haraam". Repetition of Makrooh Tahreemi is tentamount to major sin.

Q14.Can"MakroohTahreemi"becalled"Haraam"ornot?

A.Thedifferencebetween"Haraam"and"MakroohTahreemi"isbasedonbeliefslikethedenier of unlawfulness of "Haraam-e-Qat'ai" is infidel whereas the one who denies the forbidding of "Makrooh Tahreemi" is not infidel. Abstention from Makrooh Tahreemi is essential as it is obligatory on believers to eschew "Haraam" and on this ground Makrooh Tahreemi may be called "Haraam". Muslim scholars sometimes describe "Haraam" as "Makrooh".

 

Q15.Whatis"Isaa'at"?

1. "Isaa'at" is that prohibition of Shariah whose forbidding is not so strong as it is for "Haraam" and "Makrooh Tahreemi" but its commission is bad. The one who occasionally commits it deserves Divine anger and in case of being habitual he is culpable for torment. "Isaa'at" is the opposite of Sunnat-e-Muakkadah".

 

Q16.Whatis"Makrooh Tanzihi"?

1. "Makrooh Tanzihi" is that prohibition of Shariah whose commission is considered undersirable in Shariah. However, its undesirability is not to the extent of "Wa'eed" (warning of direconsequences).Theonewhoavoidsitearnsgoodnessandrewardandincaseofcommission he is liable to neither torment nor Divine anger.

 

"MakroohTanzihi"istheopposite of Sunnat-e-Ghair-Muakkadah".

Q17.Whatis"Khilaaf-e-Ulaa"?

1. "Khilaaf-e-Ulaa" is that prohibition of Shariah whose commission is against decency. It is better for believer to avoid it but he would not be held accountable if committed. Its avoidance is praise-worthy. "Khilaaf-e-Ulaa" is the opposite of "Mustahab".

 

Q18.Whatis"Mubaah"?

1. "Mubaah" is that thing, act for which there is neither any command nor prohibition that is neither permitted nor forbidden. Therefore, its commission and non-commission brings the committer no reward and no torment like taking delicious food and fine cloths provided it is not done for pomp and show.

Q19.Doesany"Mubaah"act,affairneedanyShar'i reasonornot?

1. Those who say or claim that such and such act,affair is lawful or "Mubaah" need no Shar'i argument,reason for its lawfulness in the absence of any Shar'i reason on its prohibition and thus it is itself a cogent proof of its lawfulness. Had such act, affair been wrong or unlawful the Shariah would have definitely admonished and commanded to abstain from it.

 

Q20. Can any "Mubaah" act,affair be called"Haraam" or "Bid'at" as a precausionary measure or not?

1. The Holy Qur-aan has been sent down and Islaamperfected. No new command or prohibition is to come to us. So pardone has been determined for all those acts, affairs about which no prohibition is proved by the Shariah. It is, indeed, very kind of Allah Almighty and His Messenger who have left such things to us. The Holy Prophet has himself said that whatever Allah Almighty has declared "lawful" in His holy book (Qur-aan) is lawful for you and whatever has been declared unlawful is unlawful for you and that thing is also permitted for which there is no command or prohibition.

Allah Almighty Himself says in the Glorious Qur-aan: and whatsoever the Messenger gives you, take (i.e. follow that) and whatsoever he forbids you, refrain from that.

 

In view of these saying of the Holy Prophet and command of Allah Almighty it becomes clear that an act,affair about which there is neither any command nor prohibition, is neither "Waajib"(essential) nor a sin but "Mubaah"(forgiven act). The one who describes any act, affair as forbidden, unlawful or odious should either prove its badness or that Shariah (Qur-aan-o- Hadees) has forbidden it or there is consensus of Muslim scholars on its unlawfulness.

 

Calling or declaring any act, affair "Haraam" or "Makrooh" until and unless proved by the Shariah is no wisdom as it imposes unnecessary limitations on believers.

 

Besides, such measure is also tentamount to creating a new "Shariah". Every believer must avoid such things.

 

Those "Mubaah" acts,affairs which are done with the spirit of love and reverence like "Mehfil-e- Meelaad" (commemoration of the Holy Prophet's birth), recitation of "Salaat-o- Salaam"(invocation of Allah's blessings & peace on the Holy Prophet) in standing position are desirous and highly rewarding ones. That's why "Ahle Sunnat wa Jama'at" is in agreement and has consensus on arranging and holding "Mehfil-e-Meelaad" programmes.

Q21.Can"Sunnat"becalled"Nafl"ornot?

1. "Nafl" (pl.Nawaafil) is that permissible and lawful act which is neither "Fard"(obligatory) nor "Waajib" (essential). So it is a common (lawful) word which is also applicable to "Sunnat" (pl.Sunan). Therefore, Muslim jurists have also explained about and commented on "Sunan" (Prophet's practices, sayings) in their books of Islaamic jurisprudence. However, if there is any particular thing about "Sunan", those are explained separately.

 

Q22.Howmany Shar'ireasons, sourcesare therebywhich theseShar'i commandsare proved?

1. There are four Shar'i reasons, sources i.e. the Holy Qur-aan, Ahaadees, Ijma-e-Ummah and Qiyaas.

Q23.Whatdoes"Qiyaas"mean?

1. Shar'i meaning of Qiyaas is to refer any "Furoo'i Masalah" (subsidiary issue, matter) to the main issue, matter in respect of 'Illat (cause, ground) and "Hukm" (command). For instance, an intricate (subsidiary) issue, matter crops up whose lawfulness or unlawfulness is not directly proved by "Qur-aan-o-Hadees". In such situation, similar issues,matters available in "Qur-aan-o- Hadees" will be consulted and researched and 'Illat and "Hukm" of whichever of them are found in agreement with it the "command" of the said main issue,matter will be applicable to the subsidiary issue,matter in question. This referral and analogical process is called "Qiyaas". Qiyaas is, in fact, a manifestation of Shari'ah which unveils hitherto covered commands of Qur- aan-o-Hadees.

 

No Tom, Dick or Harry can make Qiyaas. It is an exclusive job of Mujtahid (the Muslim jurist who exercises his independent opinion). Qiyaas is proved by Holy Qur-aan, Holy Prophet and words and deeds of the Prophet's companions. Therefore, its outright rejection is infidelity.