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.

 

 

 

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Summarized Fatawaa

What is the ruling of Islamic Law on sitting between the two prostrations, and what is the ruling on the dhikr recited during it?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
Sitting between the two prostrations (al-jalsah bayna al-sajdatayn) is one of the pillars (arkān) of the prayer, while the dhikr recited during it is Sunnah according to the Shāfi'ī scholars. It is recommended (mustahabb) to say what was narrated from Ibn 'Abbās (may Allah be pleased with him), who said: "The Messenger of Allah (peace and blessings be upon him) used to say between the two prostrations in the night prayer: 'Rabbi ighfir lī, warhamnī, wajburnī, warzuqnī, warfa'nī' (My Lord, forgive me, have mercy on me, make good my deficiencies, provide for me, and raise me)." If one were to say a different supplication instead, such as "Rabbi ighfir lī" (My Lord, forgive me), the prayer would still be valid.
If the worshipper omits this dhikr between the two prostrations, whether intentionally or out of forgetfulness, their prayer remains valid and nothing is required of them, though they miss the reward of following the Sunnah. Leaving it out does not necessitate the prostration of forgetfulness (sujūd al-sahw).
It is stated in Hāshiyat al-Bājūrī 'alā Sharḥ Ibn Qāsim 'alā Matn Abī Shujā' (Vol.1/P.298): "The eleventh — i.e., of the eighteen pillars — his statement: 'sitting between the two prostrations,' meaning even in a supererogatory (nafl) prayer... his statement: 'with the supplication that has been narrated concerning it,' meaning: 'Rabbi ighfir lī, warhamnī, wajburnī, warfa'nī, warzuqnī, wahdinī, wa 'āfinī' (My Lord, forgive me, have mercy on me, make good my deficiencies, raise me, provide for me, guide me, and grant me well-being). Al-Ghazālī added: 'wa'fu 'annī' (and pardon me). Al-Mutawallī also added: 'Rabbi hab lī qalban taqiyyan, naqiyyan min al-shirk, bariyyan lā kāfiran wa lā shaqiyyan' (My Lord, grant me a heart that is God-fearing, pure from associating partners with You, innocent, neither disbelieving nor wretched)."And Allah, the Most High, knows best.

What is the ruling on performing the Witr prayer as a single rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the Witr prayer as a single unit (rak‘ah). It was narrated from Ibn ‘Umar that a man asked the Messenger of Allah ﷺ about the night prayer, and the Messenger of Allah ﷺ replied: 'The night prayer is offered two by two (mathna mathna). If one of you fears the approach of dawn, let him pray a single rak‘ah to make what he has prayed odd-numbered (Witr) for him.' (Related by al-Bukhari & Muslim)). However, limiting the prayer to only one rak‘ah is considered 'contrary to the preferred way' (Khilaf al-Awla).
 
It is stated in Al-Minhaj al-Qawim Sharh al-Muqaddimah al-Hadramiyyah (p. 137): 'The minimum of Witr is one rak‘ah, but limiting it to that is contrary to what is best.'
 
The most complete form of Witr is eleven units, while the minimum level of 'perfection' is three units. It is stated in ‘Umdat al-Salik (p. 60): 'The minimum of Witr is one rak‘ah, and its maximum is eleven, performing the taslim (salutation) after every two units. The lowest level of perfection is three units with two separate taslims (meaning 2+1).' And Allah the Exalted knows best.

What is the ruling of Islam on swearing by Allah without intending to take an actual oath?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone swears by Allah without intending to take an actual oath, and without the firm resolve to bind themselves to it, then there is no sin or expiation (Kaffarah) required of them. Allah the Exalted says {what means}: 'God will not call you to account for thoughtlessness in your oaths, but for the intention in your hearts; and He is Oft-forgiving, Most Forbearing.' [Al-Baqarah/225]. However, a Muslim should avoid swearing oaths excessively so that their tongue does not become accustomed to it. Allah the Exalted says {what means}: 'And make not God’s (name) an excuse in your oaths against doing good, or acting rightly, or making peace between persons; for God is One Who heareth and knoweth all things.
' [Al-Baqarah/224]. And Allah the Exalted knows best."

How should the udhiyah be distributed?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is obligatory to give the poor a portion of the meat from a voluntary sacrifice (Udhiyah al-Tatawwu’), which should not be less than approximately half a kilogram of raw meat. Other parts do not suffice for this obligation, such as the liver, tripe, or intestines.
It is Sunnah for the one offering the sacrifice to divide it into thirds: one-third for himself and his household to eat, one-third to be given as charity to the poor, and one-third to be given as a gift to friends and neighbors, even if they are wealthy. And Allah the Almighty knows best.