Establishi​ng the Principles – Principles of Understand​ing – Book 1 – Class 15

بسم الله الرحمن الرحيم

Our teacher began with praising Allaah and sending salaat and salaam on the Messenger of Allaah, his family, companions and followers until the Last Day and began:

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Ustaad in the last class told us that the five rulings vary in themselves and when compared to their rulings as well.

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UF15.1

The author says:

Whatever its advantage was pure or greater: the legislator commanded it, either an order of obligation or preference.
Whatever its disadvantage was pure or greater: the legislator forbid it, either an obliging forbidding or an optional forbidding.

  • I’jaab is taken from Waajib which is obligatory.
  • istihbaab is taken from Mustahab which is preferred.
  • tahreem is taken from Haraam which means the impermissible.
  • karaahah is taken from makrooh which is the disliked.

 The author says:

So this principle encompasses all the commandments.

What should be understood from the authors quote

1.MAJOR PRINCIPLE IN ISLAM – This religion is based upon fulfilling the slaves’ advantage/benefits and warding off disadvantages/harm away from him, in this life or in the Hereafter.

Therefore the legislator doesn’t order/command except what of a pure/greater advantage and He doesn’t forbid except what is of a pure/greater disadvantage.

At the end he (the author) mentioned that the principle is comprehensive to all Islamic legislation, whereas nothing falls out of it.

What is the effect that this leaves with the individual?

The great affect this leaves in the hearts of people is that they are pleased with whatever Allah or his messengers commanded even if they know not the advantage to it or weren’t aware of its benefits because you will know that whatever Allah ordered for me is for my advantage and if he wanted me to do something it will always be for my advantage.

Allah said (53:3-4)

وَمَا يَنطِقُ عَنِ الْهَوَىٰ  إِنْ هُوَ إِلَّا وَحْيٌ يُوحَىٰ

Nor does he speak of (his own) desire. It is only an Inspiration that is inspired.

So whatever the prophet has told to guide his ummah is only a revelation from Allah.

Allah said (4:65)

فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّىٰ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لَا يَجِدُوا فِي أَنفُسِهِمْ حَرَجًا مِّمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًا

But no, by your Lord, they can have no Faith, until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.

For this faith to be steadfast there are 3 things one should do:

  1. They make you (O Muhammad) judge in all disputes between them.
  2. Find in themselves no resistance against your decisions.
  3. Accept (them) with full submission.

Allah said in (17:45-46)

وَإِذَا قَرَأْتَ الْقُرْآنَ جَعَلْنَا بَيْنَكَ وَبَيْنَ الَّذِينَ لَا يُؤْمِنُونَ بِالْآخِرَةِ حِجَابًا مَّسْتُورًا

وَجَعَلْنَا عَلَىٰ قُلُوبِهِمْ أَكِنَّةً أَن يَفْقَهُوهُ وَفِي آذَانِهِمْ وَقْرًا ۚ وَإِذَا ذَكَرْتَ رَبَّكَ فِي الْقُرْآنِ وَحْدَهُ وَلَّوْا عَلَىٰ أَدْبَارِهِمْ نُفُورًا

And when you (Muhammad) recite the Quran, We put between you and those who believe not in the Hereafter, an invisible veil (or screen their hearts, so they hear or understand it not). And We have put coverings over their hearts lest, they should understand it (the Quran), and in their ears deafness. And when you make mention of your Lord Alone [La ilaha ill-Allah (none has the right to be worshipped but Allah) Islamic Monotheism ] in the Quran, they turn on their backs, fleeing in extreme dislikeness.

Allah said in (33:36)

وَمَا كَانَ لِمُؤْمِنٍ وَلَا مُؤْمِنَةٍ إِذَا قَضَى اللَّـهُ وَرَسُولُهُ أَمْرًا أَن يَكُونَ لَهُمُ الْخِيَرَةُ مِنْ أَمْرِهِمْ ۗ وَمَن يَعْصِ اللَّـهَ وَرَسُولَهُ فَقَدْ ضَلَّ ضَلَالًا مُّبِينًا

It is not for a believer, man or woman, when Allah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allah and His Messenger, he has indeed strayed in a plain error.

Allah said in (4:82):

أَفَلَا يَتَدَبَّرُونَ الْقُرْآنَ ۚ وَلَوْ كَانَ مِنْ عِندِ غَيْرِ اللَّـهِ لَوَجَدُوا فِيهِ اخْتِلَافًا كَثِيرًا

Do they not then consider the Quran carefully? Had it been from other than Allah, they would surely have found therein much contradictions.

2. PRINCIPLES – This legislation doesn’t neglect and advantage whatsoever.

Allah said in (17:9)

إِنَّ هَـٰذَا الْقُرْآنَ يَهْدِي لِلَّتِي هِيَ أَقْوَمُ وَيُبَشِّرُ الْمُؤْمِنِينَ الَّذِينَ يَعْمَلُونَ الصَّالِحَاتِ أَنَّ لَهُمْ أَجْرًا كَبِيرًا

Verily, this Quran guides to that which is most just and right and gives glad tidings to the believers (in the Oneness of Allah and His Messenger, Muhammad, etc.). who work deeds of righteousness, that they shall have a great reward (Paradise)

Allah said in (17:82)

وَنُنَزِّلُ مِنَ الْقُرْآنِ مَا هُوَ شِفَاءٌ وَرَحْمَةٌ لِّلْمُؤْمِنِينَ ۙ وَلَا يَزِيدُ الظَّالِمِينَ إِلَّا خَسَارًا

And We send down from the Quran that which is a healing and a mercy to those who believe (in Islamic Monotheism and act on it), and it increases the Zalimun (polytheists and wrong-doers) nothing but loss.

Allah said in (5:15-16)

يَا أَهْلَ الْكِتَابِ قَدْ جَاءَكُمْ رَسُولُنَا يُبَيِّنُ لَكُمْ كَثِيرًا مِّمَّا كُنتُمْ تُخْفُونَ مِنَ الْكِتَابِ وَيَعْفُو عَن كَثِيرٍ ۚ قَدْ جَاءَكُم مِّنَ اللَّـهِ نُورٌ وَكِتَابٌ مُّبِينٌ

يَهْدِي بِهِ اللَّـهُ مَنِ اتَّبَعَ رِضْوَانَهُ سُبُلَ السَّلَامِ وَيُخْرِجُهُم مِّنَ الظُّلُمَاتِ إِلَى النُّورِ بِإِذْنِهِ وَيَهْدِيهِمْ إِلَىٰ صِرَاطٍ مُّسْتَقِيمٍ

O people of the Scripture (Jews and Christians)! Now has come to you Our Messenger (Muhammad) explaining to you much of that which you used to hide from the Scripture and passing over (i.e. leaving out without explaining) much. Indeed, there has come to you from Allah a light (Prophet Muhammad) and a plain Book (this Quran).

 Wherewith Allah guides all those who seek His Good Pleasure to ways of peace, and He brings them out of darkness by His Will unto light and guides them to a Straight Way (Islamic Monotheism).

The sharia’h does not neglect anything whatsoever and whoever thinks that the shari’ah neglects any advantage has surely thought bad of his Lord. (Narrated by Ash –Shafi’yy )The prophet said:

لَيْسَ مِنْ شَيْءٍ يُقَرِّبُكُمْ فِي الْجَنَّةِ ، وَيُبَاعِدُكُمْ مِنَ النَّارِ إِلا وَقَدْ أَمَرْتُكُمْ بِهِ ، وَإِنَّهُ لَيْسَ مِنْ شَيْءٍ يُقَرِّبُكُمْ مِنَ النَّارِ ، وَيُبَاعِدُكُمْ مِنَ الْجَنَّةِ ، إِلا وَقَدْ نَهَيْتُكُمْ عَنْهُ

“There isn’t something which gets you near to paradise except I have commanded you to do it, and there isn’t anything which brings you close to the hellfire except I have forbidden/warned you against.

3. There can’t be a contradiction between the religion (shari’ah) and the advantage (maslaha) of the slave.

4. Whoever claims that there be an advantage which Islam didn’t bring has to be in one of two cases:

  • 1st case – either Allah ordered it but he is unaware of this order.

The religion is complete

Hadeeth – “Allah’s Apostle said, “If a fly falls in the vessel of any of you, let him dip all of it (into the vessel) and then throw it away, for in one of its wings there is a disease and in the other there is healing (antidote for it)”   (Translation of Sahih Bukhari, Volume 7, Book 71, Number 673)

Hadeeth – Narated By Ibn ‘Abbas : (The Prophet said), “Healing is in three things: A gulp of honey, cupping, and branding with fire (cauterizing).” But I forbid my followers to use (cauterization) branding with fire.”    (Sahih Al Bukhari – Book of MedicineVolumn 007, Book 071, Hadith Number 584).

  • 2nd case – or it might be that what he thinks to be an advantage isn’t.

The cancelled advantage in Usool ul fiqh is called   المصلحة الملغاة (al maslahathul mulghaa).

The disadvantages are of 2 types:

  1. Disadvantages which people claim to be an advantage.
  2. Disadvantages that are little when compared to the advantage.

Ibn Al Qayyim said : “The wisest of all people are those who leave whatever is of a greater disadvantage even if it had little pleasure and delight compared to its  disadvantage.”

~~~ End of Dars ~~~

الله تعالى أعلم والحمد لله والصلاة والسلام على رسول الله

 

Notes transcribed by : zaiba binth shuraiz jawward hahsim.

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UF15.2

 

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