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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

I bought an apartment, and I am saving money to pay the remaining balance of its price — is zakāh obligatory on this money?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh is obligatory on all saved/hoarded wealth. Once the total wealth reaches the niṣāb (minimum threshold liable for zakah— equivalent to the value of 85 grams of pure 24-karat gold) and a full ḥawl (lunar year) has elapsed over it, zakāh becomes obligatory at a rate of (2.5%) — even if the wealth is earmarked for basic future needs, and even if the wealth's owner is in debt. Debt does not prevent the obligation of zakāh, nor is it deducted when calculating the zakāh due, based on the general and unrestricted wording of all the Qur'anic verses commanding zakāh, which draw no distinction between someone in debt and anyone else.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone possesses exactly the niṣāb, and owes an equivalent amount in debt, zakāh remains obligatory on what is in his possession, and the debt does not prevent this obligation" — meaning, the obligation of zakāh on what is presently in his possession.
The ḥawl (annual cycle) recognized for zakāh, as well as for the other sharī‘ah obligations that Allah, the Exalted, has imposed upon Muslims, is the Hijrī (lunar) year. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law if the follower (maʾmūm) stands up for the third rakʿah out of forgetfulness while the imam has sat for the middle tashahhud?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If the imam sits for the tashahhud while the follower (maʾmūm), out of forgetfulness, stands up for the third rakʿah, he is obliged to return to his sitting position, since following the imam is obligatory. In this case, no prostration of forgetfulness (sujūd al-sahw) is required of him. If, however, he fails to return, his prayer is rendered invalid.
Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "If the follower stands up alone out of forgetfulness, he is obliged to return, since following the imam is obligatory... If he does not return, his prayer is rendered invalid, due to his departure from what is obligatory." [Asnā al-Maṭālib,Vol.1/P.190] And Allah the Almighty knows best.

What is the waiting period ('Iddah) for a woman whose husband has passed away, and what is the ruling on her wearing gold?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The waiting period ('Iddah) for a woman whose husband has passed away is four months and ten days for one who is not pregnant. As for a pregnant woman, her waiting period lasts until she gives birth. It is obligatory for her to remain in the marital home, only leaving for a necessity. During this time, it is prohibited (Haram) to display any form of adornment on the body or clothing; this includes wearing kohl, gold, all types of perfume, and dyeing the hair. Likewise, it is prohibited to receive a direct marriage proposal or to marry during this period.
 
It was narrated by Umm 'Atiyyah that the Prophet ﷺ said: 'We were forbidden to mourn for a deceased person for more than three days, except for a husband, for whom the mourning period is four months and ten days. During this time, we were not to use kohl, nor wear perfume, nor wear dyed clothing except for garments made of 'Asb (coarsely dyed yarn). We were, however, granted a concession at the time of purification—when one of us bathed following her menses—to use a small amount of Kust (costus) or Azfar (fragrant substances). We were also forbidden from following funeral processions.' (Narrated by Al-Bukhari). And Allah the Exalted knows best."

Is fidyah required for someone who breaks their fast due to a valid excuse?

● If the excuse is permanent, such as a chronic illness with no hope of recovery or old age, then fidyah is required. This means feeding one needy person for each missed fasting day.
● However, if the excuse is temporary, such as menstruation, postnatal bleeding, or a temporary illness, then only making up the missed fasts (qada) is required, and fidyah does not apply.