Articles

The Social Function of Writing and Authorship
Author : Dr. Hassan Abu_Arqoub
Date Added : 07-08-2024

Writing and authorship serve several functions that authors need to consider, such as compiling scattered information, clarifying ambiguities, or solving problems, among others. However, a group of Muslim scholars viewed a completely different function: the social function. This means that the purpose of authorship is to provide a service to the community and the nation, not just to students of knowledge. These services vary depending on the issues the scholar views as requiring solutions. Following are three examples to illustrate and explain this point:


First: Imam Abu al-Maali al-Juwayni (d. 478 AH), known as Imam al-Haramain, authored his famous book "Ghayath al-Ummam fi al-Tiyas al-Zulm" based on a premise: What should be done if a time is devoid of scholars and jurists? He addresses the concerns of the nation and provides solutions to this problem that a community might face. This demonstrates a thoughtful approach that serves the community by identifying a problem and proposing a solution. He states: "Let it be clear that the basis for the Sharia is its transmitted sources, and those who bear its burdens are those capable of ijtihad, who embody the highest virtues of piety and righteousness. They are the pillars and supports. If a time were to be devoid of such pillars and supports, then I would adhere to the principle of patience and caution. I wonder what will the devoted do when the sea of corruption swells? When people substitute extremism and negligence for the path of moderation, and Muslims are afflicted with scholars who are unreliable due to their corruption and ascetics who are not to be followed due to their laxity! Will there remain any path to guidance, or will people be lost in chaos, neglecting their direction, and rushing towards ruin?"


Second: The "Hujjat al-Islam" Imam al-Ghazali (d. 505 AH), the student of Imam al-Haramain, who follows the same path. It is likely that this concern for the nation and society was transmitted to him from his teacher. Imam al-Ghazali, when he observed that most people had turned away from the path of the Hereafter and followed their whims and desires, and that their time had deprived them of true inheritors of the prophets, leaving the era devoid of those who guide to Allah, except for whom Allah wills, sought to address this gap. He aimed to correct the course of the nation and Muslim societies through his valuable book "Ihya' Ulum al-Din". The "Hujjat al-Islam" says: "The guides on the path are the scholars who are the heirs of the prophets. The time has been devoid of them, leaving only those who are merely pretenders. Most of them have been overtaken by Satan and misled by tyranny. Each one has become engrossed in his own immediate gains, seeing good as evil and evil as good. Thus, the knowledge of religion has become obscured, and the beacon of guidance on the earth has become dim... As for the knowledge of the Hereafter and what the righteous predecessors practiced, which Allah has described in His Book as understanding, wisdom, knowledge, light, and guidance, it has become forgotten and neglected among the people. Given that this is a serious breach and an alarming issue in religion, I saw it necessary to engage in compiling this book, aiming to revive the sciences of religion, reveal the methods of the early imams, and clarify the benefits of useful knowledge as understood by the righteous predecessors."


Third: Shaykh al-Islam, Imam Taj al-Din al-Subki (d. 771 AH), to address a question that resonates with people and impacts their lives: How can one return blessings after losing them? He discusses the responsibilities of craftsmen, officials, and merchants, and what pertains to each of them. He summarizes this in the introduction to his book "Mua'id al-Ni'am wa Mubiid al-Niqam", saying: "Is there a way for someone who has lost a religious or worldly blessing to regain it? I hope that anyone who has experienced a blessing from Allah in their religion or worldly life and has lost it, if they read this book with belief, understand it, and act upon its teachings after believing in them, will have that blessing or something better returned to them. Their worries will be entirely removed, and they will be transformed into a state of joy and happiness."

 

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Summarized Fatawaa

What is the ruling on someone who possesses cash reaching the niṣāb (minimum threshold liable for zakah), and then uses part of it to purchase gold before the ḥawl (lunar year) is complete — must he pay zakāh on all of it [combined], or only on the remaining cash, excluding the gold?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Gold acquired for hoarding and saving is subject to zakāh once it reaches the niṣāb (minimum threshold liable for Zakah) — when combined with any cash held — and once a full ḥawl (lunar year) has elapsed over it. The starting point for calculating this ḥawl is the ḥawl of the paper currency [used to purchase it], which had already reached the niṣāb and was then used to purchase the gold.
It is stated in Mughnī al-Muḥtāj (Vol.2/p.78): "As for someone who sells silver in exchange for gold, or vice versa, zakāh remains obligatory upon it, since he builds [the calculation of] its ḥawl upon [the ḥawl established at the time of] the original transaction [i.e., when the wealth was first acquired]."
This has already been explained in detail in Fatwa No. 2670 — please refer to it.
And Allah, the Exalted, knows best.

Is "Bismillāhir-Raḥmānir-Raḥīm" a verse (āyah) of Sūrat al-Fātiḥah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The basmalah ("Bismillāhir-Raḥmānir-Raḥīm") is, without question, a verse (āyah) of the Noble Qur'an, and according to the Shāfi‘ī school, it constitutes a verse of Sūrat al-Fātiḥah itself. Al-Fātiḥah is a pillar of the prayer, and it consists of seven verses, of which the basmalah is one. The prayer is not valid without reciting it, nor if any of the Fātiḥah's verses, letters, or shaddahs (consonant doublings) are omitted or altered.
It is stated in Bushrā al-Karīm (Vol.1/p.202), from the books of the Shāfi‘ī school: "The basmalah is a complete verse of it [i.e., of al-Fātiḥah] in practice — and it suffices, for this to be established, that there be strong probability (ẓann), especially given that this has come very close to certainty (yaqīn), due to the consensus (ijmā‘) of the Companions on its inclusion in the muṣ-ḥaf [the written text of the Qur'an] in its script, despite their extreme diligence in excluding from it anything that did not genuinely belong to it — to the point that they even [carefully regulated] its diacritical dots and vowel markings." And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on eating or drinking during the circumambulation?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is disliked (makrūh) to eat or drink during the circumambulation (ṭawāf).
Shaykh al-Islām Imām al-Nawawī states in al-Majmūʿ: "It is disliked to eat or drink during ṭawāf, and the dislikedness of drinking is lighter. Neither of them, nor both together, invalidates the ṭawāf. Al-Shāfiʿī said: 'There is no objection to drinking water during ṭawāf, and I do not consider it sinful; however, I prefer that it be avoided, as refraining from it is more befitting in terms of proper conduct.' Among those who explicitly stated the dislikedness of eating and drinking, and that drinking is the lesser of the two, is the author of al-Ḥāwī."
If, however, a person is in genuine need of drinking, then there is no dislikedness in doing so. In any case, the ṭawāf itself remains valid. And Allah the Almighty knows best.

 
Are the mother's maternal and paternal uncles, and the father's maternal and paternal uncles, considered among the unmarriageable kin (Maharim)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
A mother’s maternal uncle and her paternal uncle, as well as a father’s maternal uncle and his paternal uncle, are all considered among the unmarriageable kin (Maharim). And Allah the Exalted knows best.