Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Fiqh of Hanafi

Fiqh of Hanafi

Ratings: (0)|Views: 8|Likes:

More info:

Published by: Firdaus Wong Wai Hung on Jun 24, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOCX, PDF, TXT or read online from Scribd
See more
See less

06/17/2014

pdf

text

original

 
5) Principles Of Hanafi Fiqh - The Discussion On Illat And Hikmat
The Discussion On Illat And Hikmat
 
To Extract The Illat Of A Ruling Through Ijtihaad And Then To Make It Causative IsPermissible
 Just as it is permissible to extract ruling by way of Ijtihaad, is it permissible to extract an illatfrom the Hadith and practice thereupon. Like the ruling regarding the acts of Ibaadaat, or tomake a mutlaq (general ruling) into a Muqayyid (conditional), or not to practice on the literalmeaning, etc. Such Ijtihaad is also permissible. [Al-Iqtsaad Fit Taqleed Wal Ijtihaad, page 14]
Who Has The Right To Extract An Illat And On What Occasions?
 Every person does not have the right to discuss illats. Only the Mujtahid has this right, and evenhe does not have the right to do this on just any occasion. He is only allowed to do this when theoccasion arises and where there is a need to apply such a ruling. As for those acts of Ibaadat,where Ijtihaad is not occasioned, then he has no right to make Ijtihaad. This is the reason why theFuqahaa have not discussed illats with regard to Salaat, Zakaat, fasting and Hajj. Since they areacts which are Fardh, they are clear-cut and absolute. [Anfaas `Aini, page 417]
Not Every Person Has The Right To Extract Illats
 I had written to them asking what right they have in extracting illats for Shar`i rulings. If suchthings are done, then Halaal will no longer remain Halaal and Haraam no longer Haraam,because every person will extract an illat to suit him, be it Halaal or Haraam. If for example,someone says that the illat for the Hurmat (prohibition) of adultery is the confusion in lineage,which means that if many men fornicate with one woman and she conceives, then it will bepossible that every one of those men wall lay claim to the child (claiming that his lineageapplies). There is a real fear of arguments and fights which this will result in. or it is alsopossible that each one of them refutes fatherhood, then all this will result in great difficulty andstrife for the woman and child.And then I ask you, what if someone devises a plan for the woman not to conceive. Or a personseeks a woman who is barren, or he finds such a group of women from whom there is no fear of fighting and arguments regarding parenthood of the possible offspring. Then in all these cases,
fornication will be (Allaah Ta'ala forbid!) permissible, because the illat (which was „extracted‟)
is no more present. What confusion will reign thereafter!Will such reasoning ever make fornication Halaal? Never! [Hasnul Azeez, page 99]
It Is Not correct For Every Person To Ask The Illat Of A Ruling
 If the Haakim (ruler/governor) issues an instruction, then the illat (reason) for this ruling cannever be asked of him, because the Hukkaam (plural for Haakim) enjoy a status and proof is notasked of them. Therefore, when Allaah Rabbul Izzat issues a decree and the illat is asked for that,
 
then a grave doubt regarding that person‟s respect and awe for Allaah Ta'ala arises. The crux of 
the matter is that as a subject, to ask for the illat of the decree, is nothing other than foolish andabsurd. Yes, to ask it as a learner, who desires this knowledge to further his understanding, it willbe in order, but that only applies to the student of Deen.Consider this, that when a law is proclaimed then no one asks for the illat. What a shame that theUlama are regarded as even more contemptible than a sweeper or scavenger.
The Ulama are inreality the conveyors of the Message, they do not formulate the laws.
Therefore, if askingthem for the illats (to the various Shar`i laws) is not plain stupidity, then what else is it?[colour=blue]
It Is Improper To Discuss The Illats Of The Various Shar`i Laws With TheMasses[/color]
 Hadhrat Moulana says that the discussion on illats should never be made in front of the public, infact the codes of law should be adhered to, otherwise there is a great fear of mischief. If forexample, a judge orders the punishment of a criminal, and the punishment is meted out instantly.Now this criminal cannot, in fact, it would not be proper for him to ask the illat (reason) for theprescribed punishment. If he does, then he will be chastised and told that we do not make thelaws, we merely implement them, regardless of whether we are aware of the illat or not.Is this then justice, that we blindly and readily accept the rulings of a worldly Haakim, and wewill never question him, whereas we have thousands of objections to Shar`i laws. This makes itapparent that we do not hold the Shariah in as much esteem as we do worldly Haakims. [Da`watAbdiyat, page 138, vol. 12]
The Fiqhi Ruling Regarding The Underlying Mysteries Of Rulings
 It is Waajib not to adhere to these. However there are some amongst them, which are alsoindicated towards in the Kitaabullaah and Sunnat. In such cases, it would be permissible toaccept them. If they are contrary to the Kitaabullaah and Sunnat, then it is necessary to refutethem. If they neither have any effect on the Kitaabullaah and Sunnat nor are they contrary tothem, then there is scope in adopting either path (i.e. one may accept or refute them).[Bawaadirun Nawaadir, page 771, vol. 2]
The Difference Between Illat And Hikmat
 Nowadays there is a disease prevalent amongst the masses that they seek the illat of the rulings,and when they fail in finding any illat then they concur that the hikmat (wisdom) is the illat andthey present it as an answer.
Whereas the reality of the illat is: That upon which the ruling isbased, and the reality of hikmat is: That which is based on the ruling.
 The pinpointing of the hikmat, since it is mostly not mentioned in nass, and is extracted anddeduced by Qiyaas. And there is a possibility of an innovated hikmat being of a doubtful nature,hence this would result in casting doubts in the divine laws. [Da`wat Abdiyat, page 66, vol. 19]An illat is defined as that upon which the ruling is based and hikmat is itself based on the ruling,
 
hence there is a noted difference between the two. [Da`wat Abdiyat, page 100,vol. 5]
The Proof Of Rulings Not Being Based On The Hikmat
 
1)
The refutation and answer to those people who base acts of Ibaadat on innovated advantages,can be found in the praise Allaah Ta'ala lauds on Hadhrat Abu Bakr (radhiallahu anhu) when hebought Hadhrat Bilaal (radhiallahu anhu) and freed him,
“And have in his mind no favour from
anyone for which a reward is expected in return, Except only the desire to seek the Countenance
of his Rabb, the Most High.”
In this the reason for the negation and exclusion of his actions is
 based on the words, “seek the Countenance of his Rabb”, whereas there was also the one
advantage of sympathy for fellow beings.
2)
On the other hand another great harm is that if worldly advantages are found from some otheravenue and Islaam is made subservient to this, i.e. Islaam is no longer looked upon with relianceand confidence, because the worldly objective then will now become the real purpose, then thiswill result in Islaam being ignored and people will seek out and look upon other ways, meansand objectives.
3)
Thirdly, these advantages which are estimates and conjectures, can very easily (be shown tobe) doubtful and if they are ever (proven to be) doubtful and uncertain, then the Shar`i ruling willalso be regarded as such, because they have based and regarded the ruling of the Shariah to be onthis (innovated advantage).
The Mansoos Hikmat Is Also Not The Basis Of The Ruling
 
A ruling is not based nor dependant on its hikmat, neither is its (the rulings) existence andexecution dependant on the hikmat.
For example, the raml in tawaaf had a certain hikmatbehind it, but this was not the basis for this ruling. [Bawaadir, page 177, vol. 2]
The Clear Distinction Between Illat And Hikmat With Examples
 Together with any Shar`i ruling, if any advantage is stated, then it will either be the illat or thehikmat. The existence and nonexistence of the ruling is centred around the illat, but not aroundthe hikmat. That is, if the hikmat has to be altered, then it will not affect the ruling. The properunderstanding of this is the speciality of the Raasikheen fil Ilm. Therefore, in the rulingregarding the beard and moustache,
Nabi (sallallahu alayhi wasallam) mentioned the part, “tooppose the Mushrikeen” as a hikmat, and not as a
n illat.
 The basis of this prohibition is the altering of the natural state of man, and not (merely and only)to oppose the non-believers. The proof of this lies in the fact that in other Ahaadith where thisruling came, it appeared in general, like,
“Na
bi (sallallahu alayhi wasallam) has cursed the
 Mukhanniseen amongst the men.”
 An example of this will be if some Haakim has to instruct his people not to create commotionand disorder like such and such nation (i.e. the reason for not creating disorder is to oppose thatnation), and then if perchance that other nation abandons their usual trait (and come onto order

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->