Articles

Jurisprudential Madhhabism: A Middle Path between Two Extremes
Author : Dr. Mufti. Jadallah Bassam
Date Added : 05-01-2025

Jurisprudential Madhhabism: A Middle Path between Two Extremes

An Islamic legal ruling is based on established principles and evidence, serving as the foundation for all reasoning and issues, as it reflects the will of Allah The Almighty. He is the One who commands and prohibits, defining what is lawful (Halal) and unlawful (Haram). These determinations are not subject to human opinions, nor are they left to the whims and desires of people. The role of scholars, jurists, and muftis is to clarify the ruling of Allah. We are instructed to adhere strictly to Allah's commandments without exceeding them. Allah Says in the Quran (What means): "But say not - for any false thing that your tongues may put forth,- "This is lawful, and this is forbidden," so as to ascribe false things to God. For those who ascribe false things to God, will never prosper." [An-Nahl/116].
This foundational understanding of the concept of Islamic legal rulings, and its clear impact on defining the duties of muftis, judges, and scholars, is best demonstrated in its pure and correct form according to the principles of Ahlus-Sunnah Wal-Jama'ah. This stands in contrast to those who deviate into extremism, being either excessive or unjust, transgressing and overstepping the boundaries of what Allah The Almighty has revealed to His Messenger (PBUH). The clarification of this includes the following:
Ahlus-Sunnah Wal-Jama'ah have taken a balanced position between two extremes of extremism:
The First Group: This group prohibits examining evidence altogether and forbids Ijtihad (independent reasoning). Among the early sects holding such views were the Hashawiyyah, Batiniyyah, Ta'limiyyah, and extreme factions of the Hashashin, among others. They believe in following a particular teacher without any critical consideration, whether in matters of creed or jurisprudence and its principles. They claim that truth can only be known through the teachings of this teacher, whom they refer to as "the instructor" (Al-Mu'allim), hence their designation as the Ta'limiyyah or People of Instruction. The Second Group: This group mandates examining evidence in all cases and prohibits seeking guidance from scholars. In early sects, they included certain factions of the Qadariyyah. Some within this group denied consensus (Ijma'), claiming that one must rely solely on evidence. Examples include the Khawarij, some Mu'tazilah, and certain Shi'ah. Among contemporary intellectual movements, they include modernists, self-proclaimed "enlightened" and "rationalists," and those who reject adherence to traditional Islamic schools of thought (Madhahib). These groups obligate individuals to derive all rulings from the primary sources of Islamic law, whether related to creed or jurisprudence. They even reject referring to the opinions of esteemed scholars and the major schools of Islamic jurisprudence in the most intricate of issues. All of these factions assert that a person must derive the rulings they need directly from the foundational texts without relying on the expertise of jurists and scholars, though each faction expresses its views and beliefs in its own terms.
As for Ahlus-Sunnah Wal-Jama'ah, their stance is balanced and moderate, adhering to the definitive evidences of Shariah and the consensus (Ijma') of the Ummah. They uphold the obligation of Ijtihad, contemplation, and adherence to both rational and textual evidence in matters of creed and foundational principles. They believe it is a religious obligation upon every accountable individual (Mukallaf) to ascertain these matters through evidence and to recognize the principle of adhering to the established and credible schools of jurisprudence (Madhahib) while refraining from deviating from them. For this reason, consensus was reached on the necessity of following these schools after their establishment and widespread acceptance, as narrated by numerous scholars in works on jurisprudence and its principles.
This balanced stance of Ahlus-Sunnah Wal-Jama'ah, emphasizing the obligation of laypeople to follow qualified jurists and experts among the scholars of jurisprudence (Fuqaha), is supported by numerous Shariah evidences. Among them are:
The verse: "if ye realise this not, ask of those who possess the Message."
[An-Nahl/43].
The verse:" When there comes to them some matter touching (Public) safety or fear, they divulge it. If they had only referred it to the Apostle, or to those charged with authority among them, the proper investigators would have Tested it from them (direct). Were it not for the Grace and Mercy of God unto you, all but a few of you would have fallen into the clutches of Satan."
[An-Nisa/83].
The verse: "Nor should the Believers all go forth together: if a contingent from every expedition remained behind, they could devote themselves to studies in religion, and admonish the people when they return to them,- that thus they (may learn) to guard themselves (against evil)."
[At-Tawbah/122].
This is in addition to other similar evidences from the Shariah.                       The positions of the deviant sects, driven by extremism, have caused significant disruption in the structure of the Islamic society. This has led to the spread of Fitan (trials) such as Takfir (excommunication), Tazlil (misguidance), and Tabdi' (innovation), as well as the proliferation of movements that applied erroneous principles, either in the form of intellectual or military calls. This disruption is not limited to a single aspect of life; rather, it has a broad and pervasive impact, affecting all areas of individual and family life. It extends further to institutions and the sectors overseen by the state.
Hence, the methodology of Ahl Al-Sunnah, and what they have unanimously agreed upon in following the established jurisprudential schools, is a solid scientific foundation in demonstrating servitude to the Lord of the worlds and practicing aspects of worldly life with ease and openness. Their methodology is the most just and the most appropriate in attaining human interests, preventing harms to people, and achieving both worldly and eternal happiness. It is therefore obligatory upon us to follow the path laid down by our scholars and the methods they have derived from sound scientific principles.

 

 

 

Article Number [ Previous | Next ]

Read for Author




Comments


Captcha


Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.




Summarized Fatawaa

Is a person who forgot to make up missed fasts until the next Ramadan began required to pay expiatory compensation (Fidyah) alongside the makeup fast (Qada')?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Whoever forgets to make up missed fasts of Ramadan (Qada') until the following Ramadan begins incurs no sin, pursuant to the statement of the Messenger of Allah (peace and blessings be upon him): "Indeed, Allah has pardoned for my nation their mistakes, their forgetfulness, and that which they are coerced into doing." [Narrated by Ibn Majah, and Al-Bayhaqi in Al-Sunan Al-Kubra]
 
Furthermore, such an individual is not obligated to pay a expiatory compensation (Fidyah). It is stated in Bushra Al-Karim (p. 580)—one of the authoritative Shafi'i jurisprudential texts: "As for delaying it [the makeup fasts] due to a valid excuse—such as travel, breastfeeding, forgetfulness, or ignorance of the prohibition of delay (even for one living among scholars)—no Fidyah is required. This is because delaying performance during the actual month is permissible due to these excuses; hence, delaying makeup fasts is even more permissible, even if it continues for years."
And Allah Almighty knows best.

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.
Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.
It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”
It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”
Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.
It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”
It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”
And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” And Allah Almighty knows best.

Can a person required to give kaffarah feed it to their own family members?

The kaffarah must be given to the poor and needy who are not financially dependent on the one giving the kaffarah.
If a person feeds it to their own family members, it does not count as kaffarah, and their obligation remains unfulfilled.

What is the ruling on vomiting, and does it invalidate ablution?

Vomit is impure (najis). Its exit is not considered one of the nullifiers of ablution. However, the mouth must be washed and purified from it, and any that gets on clothing or the body must be washed for prayer, because prayer is not valid with impurity present on the body or clothing. And Allah the Almighty knows best.