Al-USUL FIL-ISLAM

This paper provides an introduction to AL-USUL FIL ISLAM (that means the study of USUL Al-FIQH according to Islam) in a concise yet comprehensive way that would Insha Allah enlighten readers:

(a) About the Sources that are the basis to get the Commands of Allah namely the Quran & the SUNNAH (each of these both, an independent source to these Commands in its own respective manner) and the IJMA’ (that is the secondary but an important source to these Commands);

(b) About another secondary source for these Commands besides IJMA, that is named IJTEHAD (QIYAS included) in detail;

(c) About the placement and some detail for the six so-called additional secondary sources besides IJMA and IJTEHAD;

(d) About the Key-Statements that are related to the FIQH in actual yet they enjoy high value even at the USUL;

(e) About the designation of the Islamic Commands i.e. the terms that relate to them in this respect.

The first three matters are expressed by points that relate to them while the last two matters are provided respectively by the Relevant Statements with some detail and by a Glossary, each related to its topic for the clarification needed; note that the Glossary provides the terms that relate to the designation of the Islamic Commands; I, MSD, have also presented these at the Notes that I wrote on the Ahadith of TIRMIDHI available at my site; Al-Hamdu Lillah. At the last in the Conclusion, I, MSD, have guided the attention of all practicing Muslims to bring the environment

to the Islamic Values insha-Allah in the present times that is bearing the adverse effect due to the unchallenged usage of the modern gadgets and the adverse effect of the unchallenged Media that is promoting ways foreign to the Islamic Mode of Living. Please note this well that to understand the contents here in this paper, it is necessary to grasp the points mentioned for the first three matters with care, each one at its own place, so as to understand ultimately all the necessary discussion for USUL Al-FIQH insha-Allah. If we all do understand for the Islamic Commands, the true placement of the Holy Book Quran, of the SUNNAH, of IJMA’ and of IJTEHAD with all its important Key-Statements, we would understand the USUL Al-FIQH well insha Allah. For this paper, I, MSD, have taken assistance for USUL Al-FIQH from some of very good works (eight books in total related directly to the subject) that have been presented by the prominent ULEMA at the sub-continent on the subject in Urdu that include the book “FIQH-ISLAMI KA TARIKHI PAS-MANZAR” presented by Respectable MAULANA MUHAMMAD TAQI AMINI and the book “IJTEHAD” presented by the same. Note that the book mentioned last comprises of two wonderful booklets not only on IJTEHAD that it takes-up in detail, but also on USUL Al-FIQH in general. May Allah give BARAKAH in all of the good works of all those writers who have worked-on and are working-on for the betterment of Muslims in accordance with Islam in the present difficult times; Al-Hamdu Lillah.

Muhammad Saleem Dada

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INTRODUCTION

USUL Al-FIQH (literally meaning the foundation to FIQH) relates to the study of the basis to Commands of Allah. As the basis to these

Commands are mainly the Holy Book Quran and in its practical clarification, the Sunnah of the Prophet PBUH; the third with them but secondary in status to both and totally dependant upon them is IJMA’; it is actually the direct study related to these three sources that comprise the basis to the Islamic Commands that are the Commands of Allah Only, by different terms of importance that facilitate their interpretation. Note this well that strictly by Islam, even the term with all that is related to USUL Al-FIQH itself comes to value due to the Holy Book Quran and the SUNNAH of the Prophet PBUH as whatever these both authenticate, that only has value in Islam, the true path towards Allah. Moreover, note this too that the term “FIQH” relates to the direct study of these Commands in detail to put these Commands into practice getting them from these three sources that comprise the basis. So these both in actual are different aspects to the study of Islamic Teachings only, because the USUL to the FIQH is as the Grammar of the Language in view is, to its practical application. Though the term “USUL Al-FIQH” is used loosely sometimes even by ULEMA to mean both the USUL & the FIQH together yet the main difference to note between USUL Al-FIQH and FIQH is that USUL is the study OF the basis of the Commands of Allah with methodology to get these Commands from that basis while FIQH is the study of these Commands directly in detail that are established FROM that basis so as to manifest them into practice in different aspects of human life individually & collectively; Al-Hamdu Lillah.

THE ACTUAL SOURCES TO ISLAMIC COMMANDSTHE Holy Book QURAN and the SUNNAH

1-USUL Al-FIQH indicates that the sources to get the Islamic Commands; that are the Commands of Allah, the Only True Authority; is the Holy Book Quran (that is complete Islam in text; AAYAH-38 in Surah AN’AAM tells us “We have neglected nothing in the Book”; see also Surah NAHAL-89) and the SUNNAH of the Last Prophet Muhammad PBUH that is complete Islam in Practice because the Holy Book Quran has commanded to follow the Prophet PBUH in all the issues of life practically. In other words, each one of these both is ASL (actual; true) Source to Islamic Commands in its own way complementing each other totally providing these Commands well that are the Commands of the True Lord Allah Only. While one of these i.e. the KITAB (the Holy Book Quran) provides the Complete Islam in writing, the other i.e. the established SUNNAH provides the Complete Islam in practice thus presenting Islam, the path towards Allah, totally in both the necessary aspects for all of the mankind and even the JINN. The Holy Book Quran consists of manifest revelation which Allah sent to the Prophet Muhammad PBUH by the angel Gabriel AS, in the very words of Allah. The meanings of its MUHKAM AYAAH (the clear verses) are the same as the text implies and as understood by the clear Arabic. This understanding is at the level of TAZAKKUR and a practicing Muslim person who is among the MUJTAHID aware of Arabic to height can apply IJTEHAD here for the better understanding of them that is termed as TAUZIHI; in actual, every such practicing Muslim person aware of the basics of Islam and of Arabic to that extent where he can understand the Holy Book Quran well without any translation does have the potential to TAZAKKUR and as such to TAUZIHI,

yet with that he would have to commit himself totally well to the Islamic study as that only would lead him to this most initial level of IJTEHAD. Where any depth of thought is needed in the understanding of its text and meaning, then that also only a practicing Muslim person can take-up who has not only studied the Arabic in vogue at the time of its revelation but also is highly familiar with all aspects of the Islamic Commands; this understanding is at the level of TADABBUR and a practicing Muslim person totally committed to Islam, who is among the MUJTAHID highly knowledgeable in Islamic Teachings with a high awareness of Arabic and of TAFSIR of whole of the KITAB too according to the SUNNAH of the Prophet PBUH plus an appreciable knowledge of the SUNNAH itself with understanding of IJMA’ well, can apply IJTEHAD here to get the ruling to a debatable issue; this IJTEHAD is termed as ISTINBATI. The Commands of Allah that the Quran presents in the Principle to practice, have their foundation on the MUHKAM AYAAH (and the USUL Al-FIQH is actually concerned with these AAYAH only) while authentic AHADITH with respect to the chains by which they have been narrated, are also the ASL source to the Islamic Commands. Even the technical four terms that are used for getting the Islamic Commands by the Holy Book Quran (and also for getting the Islamic Commands that are related to authentic AHADITH); these are the “IBARATUN-NASS” and the “ISHARATUN-NASS” and the “DALALATUN-NASS” and the “IQTIDHAUN-NASS”; these all four do imply that the concentration over the Holy Book Quran must never be independent at all of its Wording though it might be on the level of TAZAKKUR or on the level of TADABBUR and they both bring IJTEHAD at

fore by their respective application; we would learn about these ahead insha-Allah at this writing but please note here well that ULEMA do not permit to put efforts on any level in understanding the meanings of MUTASHABEH-AYAAT in the Holy Book Quran as these are verses that have words the meaning of which can not be grasped by the Human Mind; they must be believed with the statement that “Allah only knows their true meanings”; they actually are not related to the Islamic Commands that is the subject-matter of USUL Al-FIQH. Also, note this important point that it is not feasible to look for the ILLAT (the specific cause that leads to the basic similarity in two issues compared) for a command given in the Holy Book Quran, at-least never on the basis of TADABBUR (high understanding of it by deep observation of the Words and their Meanings) to make it the foundation of QIYAS at some other issue as putting human mind here to find the ILLAT might lead to some grave error in judgment and surely Allah knows better; Al-Hamdu Lillah.

2-USUL Al-FIQH indicates that the authentic AHADITH have the designation as MUTAWATIR, MASHUR or AHAD with consideration to their respective narrators, that clearly present the SUNNAH of the Prophet PBUH according to their strength. (AAYAH-80 of Surah NISAA tells us that “he who obeys the Messenger, has obeyed Allah”; see also Surah HASHR-7). Due to its direct affinity with FIQH being of Practical Value, FIQH, especially of the Four prominent IMAMS that are MALIK, AHMED ibn HANBAL, SHAFA’I and ABU-HANIFA (may Allah show mercy to them all), relates to the SUNNAH of the Prophet PBUH highly, though it also depends much on the KITAB

i.e. the Holy Book Quran. As such, these both provide the Commands of Allah well and though the SUNNAH is at a lesser level than the Holy Book Quran yet it also provides the Islamic Commands by itself with much additional information for those that are given in the Holy Book Quran to facilitate its practical application; each one of these both is an independent DALIL (Source, Proof) of the Islamic Commands and they both complement each other totally. Please note here that there are two aspects to this term SUNNAH, one is at FIQH where it is used as a designation to some Islamic Commands and the other is in general at the USUL Al-FIQH that is the Primary Source to the Islamic Commands that we students are discussing here at this point; any adverse activity that falls against the SUNNAH of the Prophet PBUH challenging it clearly is termed as BID'AH; also any continuous activity in practice that results in addition to the guidance of the SUNNAH in some matter is also BID’AH. Note that the practice of QIYAS, being related to IJTEHAD, at Ahadith is quite fine for the MUJTAHID while QIYAS must be omitted at the Holy Book Quran on the level of TADABBUR; note also that IJTEHAD is taken-up only when the conditions of the Subject and the Object for it are present well and I, MSD, would take-up these matters ahead insha Allah. The Holy Book Quran is the Manifest Revelation (WAHI-JALI) while authentic Ahadith that convey the SUNNAH of the Prophet PBUH, is actually inspiration sent by Allah to the Prophet PBUH and he conveyed that in his own words; Al-Hamdu Lillah. IJMA’-e-UMMAT, that is often termed in short as IJMA’, is actually the consensus of Muslim UMMAT (i.e. all of Muslims together) and it is also a source to the Islamic Commands, though

secondary to and totally dependant on the KITAB i.e. the Holy Book Quran and the SUNNAH; it actually elucidates them well for practice; Al-Hamdu Lillah. The Holy Book Quran and the SUNNAH of the Prophet PBUH are most clear to Muslims in general; yet IJMA’ does need some detail for its clarification and for that need, let us see it here with some detail to it; Al-Hamdu Lillah.

THE SECONDARY SOURCES TO ISLAMIC COMMANDSIJMA’ (the Collective Islamic Ruling)

3-USUL Al-FIQH indicates that the IJMA’ is “the consensus of compatible MUJTAHIDS on some issue open to debate by the Islamic Teachings in an era after the Last Prophet Muhammad PBUH keeping strictly to the KITAB (the Holy Book Quran) & the established SUNNAH, taking the verdict achieved as the Islamic Command having practical value for the issue in consideration with the understanding that ‘most probably’ the pleasure of Allah is here in this ruling; all the MUJTAHIDS must have total love for Allah and for His Prophet PBUH inside plus the respect for all Messengers of Allah”. In most simple words, it is “the consensus of compatible MUJTAHIDS after the Prophet’s era on a worthy IJTEHAD on a moot issue that clearly commands a practical value on that”. So taking it simply as a Noun, it is the “Collective Islamic Ruling” on a debatable issue at consideration; Al-Hamdu Lillah. Please note that different issues that are clarified by IJMA’ are at different levels of acceptance according to the strength they have at their support and in them the IJMA’ of SAHABA is at the highest status that does have a prominent value in acceptance. Other

IJMA’ that are mentionable, are the IJMA’ of the four prominent IMAMS of FIQH on an issue and then any other IJMA’ that took place after them before this current time where modern gadgets have affected our living-style highly, both lesser in status than the IJMA’ of SAHABA; we can exclude from IJMA’ such agreed rulings of the four IMAMS about an issue that were challenged by a high number of ULEMA like the issue of three pronouncement of divorce in one sitting or like the issue related to the RAK’AH being twenty at-least in the night prayers (TARAVIH) in RAMADHAN though UMAR-RA upheld both of these rulings yet with notable differences on these two, it seems better to say that SAHABA-RA did not make an IJMA’ on both in the strict sense of the term. Those IJMA’ that are besides the IJMA’ of SAHABA i.e. of four IMAMS and that which occurred after them before the commencement of the modern era a century back; are not necessary to take-up for practice in general strictly stating by the KITAB and the SUNNAH. A practicing Muslim with a good understanding of Islam must not be blamed for such if he does not put such IJMA’ at practice without any disrespect to it and takes-up some IJTEHADI guidance of a compatible MUJTAHID other than these four for the needed issue, as that guidance even would do the job well insha-Allah. Note that any IJTEHAD if that is taken-up by a very high number of compatible MUJTAHID even now and even if those MUJTAHID relate to some specific geographical area but with representation of all important schools of FIQH among Muslims, that COLLECTIVE-IJTEHAD might be designed as a weaker IJMA’ that is certainly acceptable on a practical level when and where the need for the designation to an issue by the

Islamic Teachings is extremely high asking an immediate consideration to it. Also, please note this well & good that IJMA’ clarifies the status of the Islamic Commands that both the actual sources to the Islamic Commands that are the Commands of Allah, provide and guides to the practical side of matters by deep observation that they both express, without providing any of these Islamic Commands in actual by its own (and even IJTEHAD does not provide any Islamic Command in actual by its own); as such, it is the third source to Islamic Commands but fully and totally dependant either on the KITAB or on the SUNNAH without fail. AAYAH-59 of Surah-NISAA reads “O you who believe! obey Allah and obey the Apostle and those in authority from among you; then if you quarrel about anything, refer it to Allah and the Apostle, if you believe in Allah and the last day; this is better and very good in the end”. This AAYAH does point out to IJMA’ at some status and even the AAYAH-115 of this same Surah i.e. NISAA also indicates IJMA’ as valid to take-up for the clarification of the Islamic Commands. Note here that there is no mention of quarrel in the obedience to Allah or to the Prophet PBUH as there is no option for a Muslim for that but difference to those in authority among Muslims at a given time & place is possible as indicated here even if it enjoys an IJMA’ that is weak in status where some MUJTAHID/s only might differ with certain necessary reservation. Then, if that difference does turn-out to be significant, the command on the debatable issue must be revised with more consideration and more application, directly resolving it by the Holy Book Quran and the SUNNAH without fail; Al-Hamdu Lillah. Ahadith also present IJMA’ in different ways and one of

them sums up the matter beautifully by words that “indeed, Allah will not gather my UMMAH on the misled path. And the hand of Allah is on the JAMA’AH (the whole gathering) and he who breaks from it, is plunged into the Fire” (TIRMIDHI). As IJMA’ actually explains the Holy Book Quran and the SUNNAH in one way or other so it is totally based on some important indication with positive reasoning that is presented by at-least any one of these but this also is a notable point that once in effect for some issue, it is binding for Muslims according to the strength by which it takes place in that issue. Many of ULEMA maintain that once an IJTEHAD on an issue is taken-up by an Islamic Administration strictly according to the KITAB and the SUNNAH for practice, it does cause such an IJMA’ on its practice (though that IJMA’ is weak by nature) that even the MUJTAHID who differs to it should better take that up in practice and leave his IJTEHAD aside; this tells that even a weaker IJMA’ has a significant value that is in actual at the status of a collective IJEHAD. Other than these three that are the Holy Book Quran, SUNNAH of the Prophet PBUH and IJMA’, whatever are named as sources to the Islamic Commands are certainly not binding for practice at all strictly in the Islamic Sense for Muslims in general. Note that the highly knowledgeable Muslim person in Islam who is at the status of a MUJTAHID even, must not challenge the IJMA’ of the first status that is the IJMA’ of SAHABA in any way while it is much better that he does not challenge the IJMA at the second status too that is of the four prominent IMAMS except for exceptions due to high difference that occurred towards them, even if he does not adhere to their IJMA’ with any fervor. Today, IJMA’ on any issue can have the fourth

status only that would be weaker than all previous IJMA’ that would take place with the consensus of almost all the prominent ULEMA of different FIQHI schools capable to provide IJTEHAD in a moot issue clarifying its placement well in practice, even if they are related to a single Muslim country; yet even that is significant if the necessity for its clarification is urgent so that Muslims might take-up the righteous Islamic attitude in that issue together or at-least in a huge number that is relevant for providing the guidance to all Muslims of the world. Note also that “IJMA’” is not like the votes in democracy of these current times as IJMA’ is actually based on high wisdom of the KITAB and the SUNNAH where everyone is not liable to participate in it except for the learned compatible MUJTAHIDS only that know how to consider the matter according to the Islamic Teachings and that have their total attention towards Allah only; certainly it is not at all an independent source to Islam but totally related to the KITAB and the SUNNAH and it is the quality that matters here and not the quantity in actual though even that has to be significant of compatible MUJTAHIDS of different FIQHI schools of the present times that decide for the ruling collectively; Al-Hamdu Lillah. In-fact, we must put the Islamic perspective about democracy, specially about elections, onto these current times taking care that Islam considers Only Allah as the True Authority and taking care that Allah has asked us to live truly for AKHIRAT only competing in matters related to it only, and not in the worldly matters; we must never put ourselves and even other Muslims too in any kind of trouble; Al-Hamdu Lillah. For the better study of IJMA’, it is highly needed that we all study the conditions

that have validated IJMA’ before and that might validate it at-least at the fourth status, weaker yet good to practice, even at the present times; Al-Hamdu Lillah. Note that IJMA’ takes place on some IJTEHAD, and with that, the IJTEHAD would become binding for the Muslim UMMAH according to the status of that IJMA; but noting this well, also note that with this difference of practical adherence, both of these i.e. IJMA’ and IJTEHAD (QIYAS included), are totally dependant on the KITAB or/and the SUNNAH. So the USUL Al-FIQH of Islam is the study of the KITAB and the SUNNAH in essence, giving value to the study of IJMA’ of SAHABA too as the fact of the matter is that it is needed much in the implementation of many Islamic Commands that these two primary sources present; other IJMA’ acceptable too according to their strength. The difference between IJTEHAD (QIYAS included) and IJMA’ is that it is an individual endeavor rather than a collective effort that founds IJMA’ and that is why it is binding in an individual manner while IJMA’ has an acceptance in a collective manner according to its status keeping in view that IJMA’ of SAHABA directly indicates the necessary detail to take into consideration to accomplish the necessary Islamic Commands for their practice; both IJMA’ and IJTEHAD do have their respective conditions yet in both, the compatible MUJTAHID/S are at the SUBJECT and in both, the OBJECT in consideration i.e. the issue, has to be open to debate asking for the Islamic Ruling fast and clear. The most important conditions, that must be present for IJMA’ simultaneously, include that IT IS FEASIBLE ONLY WHEN (a)-it takes place on an issue by a great number of compatible MUJTAHIDS of the time by the high study of the KITAB and the

SUNNAH of the Prophet PBUH directly taking-up some indication provided by one or both of them; clarification for the term “MUJTAHID” is ahead at the point “4d” in this paper; (b)-it takes place on an issue open to debate as its command is not clearly stated in the KITAB or/and the SUNNAH yet it must be based on some indication provided by any of these in understandable terms, and the compatible MUJTAHIDS that take-up the issue, have their total love for Allah only asking His assistance truly in all their endeavors while going for an IJMA’ on it; (c)-it takes place on an issue AFTER the times of the Prophet PBUH (d)-it takes place on an issue by the total agreement to an Islamic Command (not any other), of an amazingly high number of compatible MUJTAHID persons (not just ordinary practicing Muslims even if they are ULEMA of some caliber) that must also be among the practicing Muslims of the time enjoying the respect of all practicing Muslims in general; note here that total agreement of ALL the MUJTAHID persons of the time is not necessary here strictly according to the USUL Al-FIQH as the IJMA’ of SAHABA also clarifies well; interestingly, ULEMA generally divide IJMA’ as by WORD and by SILENCE as the MUJAHIDS not included at the gathering for IJMA’ are mentioned as having a “Positive Silence” to the ruling when they take it up in practice. However, IJMA’ of a lesser status, with weaker appeal to Muslims in general, might take place with the agreed ruling on an issue by nearly all prominent MUJTAHIDS of a single Muslim country even, that represent different FIQHI schools among all Muslims in general and that are respected by all Muslims in general, in the today’s scenario; that would certainly be highly significant where the need for the

clarification of the Islamic Command at an issue for practice is extremely urgent. As the Muslims come towards that taking that up in a very huge number for practice for their betterment, this IJMA’ at a lesser status might even be termed as a high-level IJTEHAD that is COLLECTIVE having an extremely significant value as we find for IJTEHADI rulings of each of the four prominent IMAMS among Muslims in general (e) it takes place on an issue where the MUJTAHIDS understand the pros & cons of that issue in general and they must also have a very high understanding of the consequence that the practice of their approved ruling might cause; (f)-it takes place on an issue by such great number of compatible MUJTAHID persons of the present time (even if they all relate to a single country of the present time but representing different schools of thought among Muslims in FIQHI matters) about whom all the practicing good Muslims of the world agree well in general, that such great number of MUJTAHID persons would agree only on the Islamic Command for the issue in consideration as they have their total attention towards Allah only and they totally relate themselves to the KITAB and to the SUNNAH; Al-Hamdu Lillah.

IJTEHAD (The Individual Islamic Ruling)

4a-USUL Al-FIQH indicates that the term IJTEHAD means “the high intellectual contention of some MUJTAHID on some issue open to debate by the Islamic Teachings, to the utmost level of his capability pondering on the KITAB (the Holy Book Quran) & the established SUNNAH of the Prophet PBUH to get the Command and achieving it well by that wonderful effort for the issue in consideration

in which he considers ‘most probably’ is the pleasure of Allah, with total love for Him and for His Prophet PBUH inside his heart”. So taking it simply as a Noun, it is the “Individual Islamic Ruling” achieved by a compatible MUJTAHID on a debatable issue at consideration; Al-Hamdu Lillah. The Holy Book Quran points-out, “So ask of those who possess the Message if you realize it not” (Surah Al-ANBIA-07; see also Surah NAHAL-43,44). Please note this well that even if someone highly knowledgeable in Islamic Teachings among Muslims, even if counted among ULEMA, makes an IJTEHAD and he is unable to reason for his IJTEHADI point positively by the KITAB and the SUNNAH, he must totally refrain from committing to IJTEHAD in all ways for certain; Al-Hamdu Lillah. Note well that the field of work for IJTEHAD is at the clarification of Islamic Commands only and the term TAQLID that relates to the study of IJTEHAD means in general, the following of the IJTEHAD of four high IMAMS; these both terms “IJTEHAD” and “TAQLID” are certainly not among the basic matters of the Islamic Belief as there is definitely an option available at IJTEHADI matters to differ while in the basic matters of Belief, there is no option to differ for certain; Al-Hamdu Lillah. Those who take them up, they do it with an understanding that “Most Probably” the pleasure of Allah is at the practice of this ruling in the moot issue at consideration; Al-Hamdu Lillah. In AHADITH, we find that the Prophet PBUH appreciated MUAZ-IBN-JABL-RA when he told the Prophet PBUH that he would decide by his own good judgment if he does not find the Command in the Holy Book Quran and the SUNNAH, that is keeping strictly to the requirement of these both only; Al-Hamdu Lillah. Note that among the six so-

called additional secondary sources for the formulation of the Islamic law (I, MSD, would name them in the point ahead insha-Allah), there are some indeed that are creditable to consider as worthy points in the process of “IJTEHAD” without taking them as sources to Islamic Commands, the Commands of Allah, by any name. The term ADILLAH that is sometimes used for them that means the PROOFS that ask to take them into practice, is so vague on application to any of these six especially in these current times that it could erroneously mean sources to Islamic Commands too that these certainly are not in any way since the beginning. However, in the IJTEHADI process, four of them might have good value at times on different issues as accepted by many learned ULEMA in USUL Al-FIQH. Note that ISTEHSAN and ISTESLAH among these six need much high reservation and their total omission even, in this important process certainly is much better at these current times. Even the four others at best, are only high notable statements to consider when and where necessary in the IJTEHADI process with the option remaining always available to decline the asking of any of these where seems necessary, but only after much reflection keeping strictly to the KITAB and the SUNNAH, by other points equally relevant in the process of IJTEHAD. Note also that even IJMA’ has its relation to IJTEHAD as it is placed actually on some important worthy IJTEHAD that already has taken place and does have some considerable value at the given time & place for application. However, with all said, please keep this always in view that all that is ISLAMIC in actual, is totally connected to the KITAB and the SUNNAH by which we get the Commands of Allah only. Even when

the term “USUL Al-FIQH” is stated, it is strictly in actual, the mention of these two only and nothing else; IJMA’ (specially the IJMA’ of SAHABA-RA), being acceptable in general only due to its most high significance in providing the necessary detail to accomplish the necessary Islamic Commands that these two primary sources give for their practice in their own respective way and as such it assists only in the implementation of the KITAB and the SUNNAH; Al-Hamdu Lillah.

4b-Note that I, MSD, would take-up QIYAS at a separate point ahead in this writing insha-Allah but at present, let us see to the so-called additional secondary sources to Islamic Commands in some detail. These are ISTEHSAN (taking up such ruling on an issue that might provide ease in practice to Muslims in general in a given situation that seemingly do not pose any challenge to the Islamic Values, leaving another ruling for the same that also is based well on QIYAS seemingly good to take for practice, mostly even better than the former, yet putting it into practice might pose some hardship in that given situation), ISTESLAH (taking up such rulings on issues that need attention, for the betterment of people in general that seemingly do not pose any challenge to the Islamic Values in any way), ISTESHAB (to accept and retain the ruling on an issue that is already in application for it when some doubt takes place on that issue for some reason), ‘URF (recognition among good practicing Muslims about something as an acceptable act that does not challenge Islamic Commands), SADD-e-ZARAI’ (stopping of means to wrongs specially shameful attitude) and the guidance given by any of the prominent SAHABA-RA, the

companions of the Prophet PBUH upon any issue. There is one another thing that is named in these so-called additional secondary sources that is ISTEDLAL (to bring reasoning for an issue). Note that it is just another name for ISTESHAB and sometimes it means to take a previous ruling for an issue without caring much about its detail; the bottom-line to note here at ISTEDLAL is that any of its meaning that falls out of ISTESHAB, is not worthy to consider at-all at any IJTEHADI process; AQL (the Human-Mind) is not a source to the Islamic Commands in itself unless totally bound to the KITAB and the SUNNAH to see those Islamic Commands and this statement, the conditions for IJMA’ and IJTEHAD clarify well; Al-Hamdu Lillah. I, MSD, would remark here in clear terms that the first two mentioned here, ISTEHSAN and ISTESLAH, actually do not value much now in the IJTEHADI process and as such in the subject of USUL Al-FIQH, in these present trying times though ISTESLAH among the two, has been given high attention by many of the men learned in USUL. However, the other four; that are ISTESHAB, ‘URF, SADD-e-ZARAI’ and the guidance given by any of the prominent SAHABA-RA; do have importance in the process of IJTEHAD as they are derived strictly from the guidance of the KITAB and the SUNNAH. Note the difference between the two formerly mentioned and the four mentioned after them that the last four do not relate actually to making of the ruling as they ask for “Judgment” only upon the issues at hand for which the MUJTAHID only puts these points available with other necessary consideration, to get the ruling positively while the two formerly mentioned are taken-up just by the remark that “Nothing Negative” to the KITAB and the SUNNAH

takes place; and the decision is purely “Made” by the human-mind that, with all its appreciable talent, is certainly liable to err. The main error is just at the onset of this consideration of the moot issue at hand that the human-mind assumes the absence of the guidance there in some positive manner for the issue at hand by the KITAB and the SUNNAH; this stance is highly erroneous, more so in the present times. While these two, ISTEHSAN and ISTISLAH, have no righteous base according to the Islamic Teachings, the last four mentioned here are provable as the points worthy to consider at IJTEHAD by the good study of both the actual sources to Islamic Commands yet they still remain relevant points only in the consideration for the IJTEHADI process and not sources in themselves for sure. The reasoning for these former two is taken from AHADITH that relate to elimination of harm among Muslims yet the fact of the matter is this that Ahadith mentioned as relevant to take them up, do not address ISTEHSAN at all and as such, do not validate it at all while ISTESLAH that also is not based positively to but based on neutrality to the Islamic Commands has to be omitted at these present times as it needs pious practicing Muslims at authority committed totally to Islam only, that we lack at these present times so much. When we all understand these Ahadith in their right context, we would see well that they indicate the care for AKHIRAT only without addressing ISTEHSAN and even ISTESLAH as taken without reservation; I, MSD, would discuss this insha-Allah at the section here about the Key-Statements. The omission of these two at the IJTEHADI process is certainly better rather necessary, in the environment as of now as these two of the so-called additional secondary sources

are actually taken into account by giving value to the human-mind only without the righteous care that is asked by the KITAB and the SUNNAH for its Commands. ISTEHSAN never was lawful to take into consideration in USUL Al-FIQH as Respectable SHAFA’I very rightly clarified about it at its very onset but with time, as the Muslims slacked in putting Islam to practice, many of them took ISTEHSAN as an excuse only that made some unworthy grounds in it. Those who advocate for it at these current times indicating that with time it went on becoming acceptable, must understand well that it made grounds only due to the slack of Muslims in practice of Islam in the collective manner; it was not because it commanded any value in the IJTEHAD that relates to the USUL Al-FIQH while a good challenge to it was always there. As even at the ancient times, ISTEHSAN came under criticism very rightly so there is not much to tell about it as the previous reasoning against it would do well; I, MSD, would even remark here that previously it was not as dangerous to apply as now in the current times since a century or so. The ruling for the transplantation of organs not built-up by the body again (specially kidneys) is based on ISTEHSAN though the KITAB clearly states, “Surely Allah does not forgive that anything should be associated with Him, and He forgives what is besides this to whom He pleases; and whoever associates anything with Allah, he indeed strays off into a remote error. They do not call besides Him on anything but idols, and they do not call on anything but the rebellious Satan. Allah has cursed him; and he said: Most certainly I will take of Thy servants an appointed portion- And most certainly I will lead them astray and excite in them

vain desires, and bid them so that they shall slit the ears of the cattle, and most certainly I will bid them so that THEY SHALL ALTER Allah's creation; and whoever takes the Satan for a guardian rather than Allah he indeed shall suffer a manifest loss. Satan gives them promises and excites vain desires in them- and the Satan does not promise them but to deceive. These are they whose abode is hell, and they shall not find any refuge from it” (Surah NISAA-116 to 121). There are other more worse atrocities too that have been taken-up just by the name of ISTEHSAN at the Surgical field; may Allah save all Muslims from all atrocities; Al-Hamdu Lillah. As for ISTESLAH, the notable point is that it had been of some value in previous times remaining under the KITAB and the SUNNAH and it has been taken-up by all the four notable IMAMS in their own respective ways yet its application too is certainly adverse only in today’s scenario since a century or so. Although ISTESLAH is said to relate to adopting necessary adjustment required to take the matters of life ahead without challenging any Islamic Teaching yet mostly it has been applied at many issues in such ways in the present times that proved adverse to the Islamic Teachings in the long-run; in essence those issues were among the MUBAH certainly. Note well at this juncture that the establishment of few institutions on the basis of ISTESLAH, that relate mostly to Education, Medicine and Law, have led to challenging the Islamic Commands clearly given by the KITAB and the SUNNAH and as such, have proved it unworthy to take-up at the IJTEHADI process in the present times. This is due to the fact that the collective set-up of the environment has undergone such difference from the previous times since a century or so that with the flawed

hold of these institutions, it has led to high wrongs in just about a century or so. There is a rule in FIQH that whenever MUBAH is raised in status by some strict practical adherence to it or even by giving it some unworthy significance that affects some matter adversely specially when that matter relates to the SHA’AER (the manifestation) of Islam, it turns to become BID’AH challenging the SUNNAH of the Prophet PBUH; this also is highly notable here that whenever the human mind asked for ease without true care towards Allah, it rather got hardship only as it is not so highly capable as to judge the betterment of the mankind in the long-run activity. Please do keep in mind here that the people in general were caring to Islam then and the men at authority then, even with their atrocities in practice, had the needed regards to it in general even if that might have been valued due to the fear of the impression of the good practicing Muslims at that time at that environment, yet from the previous century, the set-up adverse to Islam for governing the people all over the world has achieved such strength that the application of ISTESLAH could only lead to adversities in these current times especially when the Government Officials among Muslims care but little to apply Islamic Commands to the environment even in their own individual capacity. We have high documentation today even for simple matters of property and personal identification; we also do have complicated official dealing for matters relating to simple economic necessities of the common man just due to the initial tolerance to these official dealing that ISTESLAH asked for though these all, strictly by Islam, are obvious atrocities that put people into high trouble. For the sake of further clarity,

please note well the point I, MSD, have just stated that we Muslims are facing such institutions in practice in the environment around that have little regards if any, to the Islamic command of HEJAB for women and that have little regards if any, to the Islamic Command of seeing that there must not be any injustice even to persons who have committed crimes. The law must punish them in the best interest of the Islamic Society according to the Islamic Guidance but it must not humiliate them or keep them away from their wives for more than a few months as that attitude is TOTALLY adverse to the Islamic Guidance. With this remark, I, MSD, would state in plain terms that ISTEHSAN has never been worthy to care-for in the process of IJTEHAD while ISTESLAH though taken as totally subservient to the KITAB and the SUNNAH by presentation, has certainly led during the last century and since then, whenever applied, to misjudgment only; the atrocities that already have been caused by these two that are now challenging the Islamic Values much, specially at Education, Medicine and Law, must not go unchallenged for certain; Al-Hamdu Lillah. Please note well here that IJTEHAD is the process of thought that is totally related to and completely dependant strictly on the KITAB and the SUNNAH in clear terms having the conditions stated clearly for the Subject and the Object and it is not a vague term in any way. For its assistance, in the kind of IJTEHAD that is termed as ISTINBAT in discussion, ISTESHAB, ‘URF, SADD-e-ZARAI and the guidance given by any of the prominent SAHABA, are certainly such statements that do have a notable status even today and these four points do have the capability to provide

magnificence in practice for sure to that totally well; Al-Hamdu Lillah.

4c-Note that the four so-called additional secondary sources to Islamic Commands that actually are the important statements to consider in the IJTEHADI process, are named as ISTESHAB, ‘URF, SADDE-ZARAI and the guidance given by some prominent SAHABA-RA. These are in actual, important key-statements that relate to FIQH rather than USUL Al-FIQH but they enjoy a high value at IJTEHAD-ISTINBATI and such are closely related to the USUL. Besides these four, there are other such Key-Statements too that do assist in the IJTEHAD-ISTINBATI and three of them, our study would take-up ahead insha-Allah. These four terms have specific quality for good application to assist in the explanation of the Islamic Commands according to their meanings. ISTESHAB means to accept and retain the ruling on an issue that is already in application for it when some doubt takes place on that issue for some reason, ‘URF means the recognition among good practicing Muslims about something as an acceptable act that does not challenge Islamic Commands, SADDE-ZARAI’ means stopping of means to wrongs specially shameful attitude and the fourth here is the guidance given by any of the prominent SAHABA-RA, the companions of the Prophet PBUH upon an issue. The first that is ISTESHAB is applied where there is need to lift-off some doubt about an issue yet it is not applied where there is nothing available to which it has to be applied. So its application is for the elimination of some negative point yet it is not an initiation for something in itself. The example for this is that if someone has a doubt if his WUDHU has

ended or not, that would be taken intact; the Prophet PBUH has said, “When one of you is in the mosque and has doubts that he has passed wind then he must not go out till he has heard a sound or has perceived a smell” (TIRMIDHI). The second here is ‘URF that means the recognition among good practicing Muslims about something as a normal act adhering to it in general that does not challenge Islamic Commands. This implies that it must be ‘URF-SAHIH (the right recognition) that does not fall against the Islamic Commands; that does not find rejection in practice by the righteous practicing Muslims; that does not create any doubts where applied; that does not become liable to change just within a short span of time but it is a continuous recognition. ‘URF then becomes such a recognition of something acceptable in general that is given an importance by the practicing Muslims at a specific area; it is acceptable by MUJTAHID just at its face-value considering that it does not fall against the clear Islamic Teachings without any inclination to take it as a value related to Islam in any way that is necessary to adhere to in general. ‘URF also relates to the meanings that are assigned to words at specific areas so when those words are used, the specific meanings taken for those must be accepted and as such this relates to the presentation of issues; as such it is necessary to take ‘URF into consideration in the process of IJTEHAD, mostly in ISTINBATI though has importance at TAUZIHI too, to understand the object i.e. the issue in the correct sense. The third is SADDE-ZARAI’ that certainly has a very high value in the IJTEHADI process. It means to stop the means that have a great chance to lead to any big sin. When the Holy Book Quran asks not to commit any shameful act,

it says not to go near to it; an AAYAH of Surah BANI-ISRAEL reads, “And go not nigh to fornication; surely it is an indecency and an evil way” (BANI-ISRAEL-32); see also Surah-AN’AAM-151. In Surah AARAAF, AAYAH 19 to 23 tell us that Allah ordered Adam & Eve (Salaam on both) not to even go near a tree so that they do not ever come near to eating its fruit and due to their folly about it due to the temptation by Satan, their respective hidden parts came into view of both; there are other AAYAH too that bring the point at fore and so it is totally clear that SADDE-ZARAI has an important place in the process of IJTEHAD, especially in the avoidance of shameful acts. One of the authentic AHADITH narrated by NU’MAN IBN BASHIR tells us that, “The lawful is clearly defined and the unlawful is clearly defined, but between them are matters that are doubtful. Many of the people cannot decide whether they are lawful or unlawful. So, he who avoids them to guard his religion and honor has indeed, taken the safe path. And he who falls into some of it nearly falls into the unlawful, just as a shepherd who grazes his animals on the borders of a sanctuary might take them to the other side. Know that every king has a sanctuary. And know that the sanctuary of Allah is that which he has declared unlawful” (TIRMIDHI). The last here is the Guidance given by any prominent person among SAHABA-RA on some issue so that too is worth considering in the IJTEHADI process in issues related to that due to the fact that IJMA’ of SAHABA has a great value in understanding of the Islamic Commands and as such, even the IJTEHAD of any one of the prominent persons among them would certainly have a certain value. Many Ahadith have appreciated the prominent SAHABA

clearly asking to take them in high esteem and as such, the MUJTAHID must consider the guidance of any of these prominent SAHABA in the IJTEHADI process for the related issue where it counts well certainly. However, with all said, please note that these are points only in consideration at the IJTEHADI process for some issue and are open to acceptance and even to rejection as the asking of the issue might be that even (but that has to be considered with the utmost care possible by the MUJTAHID), keeping strictly to the KITAB and the SUNNAH; Al-Hamdu Lillah.

4d-Note that Respectable AMIN EHSAN ISLAHI has rightly pointed out that “there are three prominent sources to Islamic Law - the Holy Book Quran, the SUNNAH of the Last Prophet Muhammad (PBUH) and IJTEHAD”. However, please keep well constantly into the mind the statement already given, that IJTEHAD is NOT an independent source to Islamic Commands as it must necessarily have some established point relating to the KITAB or/and the SUNNAH for its authenticity at its back in general. It is worthy of a general application only due to its high acceptance among the Muslim UMMAH for practice raising its rank to some status of IJMA’ though that even is NOT an independent source. Although Respectable ISLAHI has not mentioned IJMA’ here yet the mention of IJTEHAD does indicate it as that actually founds IJMA’. Being a derivation from the root word JAHADA, the term “IJTEHAD” literally means to strive to the utmost level taking a great hardship on the self in some activity. However, in Islam, the striving person must be a compatible Muslim of caliber (i.e. MUJTAHID) to judge some issue well and the issue

in question must have a status being open to debate, where it does need consideration by Islam so with this meaning, Islam does indicate some necessary conditions that are related to the SUBJECT (i.e. the MUJTAHID) and the OBJECT (i.e. the debatable issue in study that needs the consideration by Islam) and presently we would study those insha-Allah to understand the term IJTEHAD in much better way. By the Islamic Teachings, the necessary conditions to note about the SUBJECT for IJTEHAD include that (1) he must be a good practicing adult & wise Muslim person committed to Islam in practice; (2) he must be totally attentive towards Allah putting His Commands in practice with total love in heart for Him believing well as a true Muslim that he has to answer to Him for all what he believes and does, at AKHIRAT; he must also have in heart, total love for the last Prophet Muhammad PBUH with high respect, and love for all other Messengers of Allah too with high respect; (3) he must know Arabic at vogue at the time when the Holy Book Quran descended, to an amazingly good level; (4) he must be highly knowledgeable in Islam from all aspects and this implies that he must have an amazingly good knowledge of the Holy Book Quran & of the established SUNNAH (specially with reference to the authentic AHADITH that are much related to Commands) plus IJMA’ that has taken place on different matters of importance generally, with an understanding of the status of every such IJMA’ quite well. Please note that the rulings by any of the four very high IMAMS have a status of the very high IJTEHAD due to the very high following of each one of these and it is quite well to say that even if many Muslims do not follow any of them yet it is a matter of IJMA’ that

to follow the rulings of any of them in good-faith in the debatable issues previously decided by them would not lead to any misguidance considering by Islam insha-Allah; TAQLID (the following of IMAMS), for ordinary Muslims not at status to make IJTEHAD by their own, is certainly necessary to take in issues decided before i.e. in the ancient times that are relevant to the practice of Islamic Commands even now and even the better thing for MUJTAHIDS in these issues is that they must follow the high IMAMS in previous rulings too that are relevant even at these present times yet with their mutual assistance, they can interchange some of the good rulings of high IMAMS even now where necessary in good-faith by IJTEHAD MUQAYYAD (that is the limited IJTEHAD which remains inside in application to the rulings of the four high IMAMS); (5) he must have the ability to apply his person totally to get the Islamic Command by utmost high observation of the Holy Book Quran and by utmost high reflection on the Sunnah for some debatable issue he takes up to consider and that issue also, he must understand well with its necessary detail, pros & cons. As for the OBJECT for IJTEHAD, note that IJTEHAD is strictly related to Islamic “Commands” only and even in them, it is related strictly to only those issues that ask immediate judgment at a given time and a given place being open to debate; in other words, the command for the issue taken-up in consideration for IJTEHAD must not be clearly stated in the KITAB or/and the SUNNAH though the Subject, the MUJTAHID, has to base the IJTEHAD itself for it on some clear reference of both the primary sources or any one of them that he understands to be related to that issue in consideration keeping all the necessary teachings

of Islam clearly in view as not to decide anything against any of them by taking-up his reasoning POSITIVELY; the second thing here is that it must not be taken as the only and the final answer to the issue but accepted such that this is the right answer here that would “Most Probably” lead to get the pleasure of Allah; this implies that it would still remain open to debate by other MUJTAHID of caliber though that MUJTAHID must not exercise his faculty of IJTEHAD on that unless totally necessary as mentioned previously; Al-Hamdu Lillah. The point to note here is that Muslims have the liability to fulfill the ruling by IJTEHAD in general practice only when IJMA at some status takes place on it when and where necessary; though even a high acceptance of some COLLECTIVE-IJTEHAD does have value to bring it to the status of a weak IJMA’ that is quite acceptable in the scenario we face today; considering it strictly as the representation of the pleasure of Allah seeing by the Holy Book Quran and the SUNNAH. Where the IJTEHAD does not achieve such value by getting IJMA’, it would remain binding only to the MUJTAHID in practice and to all those that take it up well considering that the pleasure of Allah is in it most probably; indeed the Islamic Commands are the Commands of Allah only; Al-Hamdu Lillah. Keeping to this clarification, note that IJTEHAD depends on the high intellectual effort done by a competent practicing Muslim person who is at the level of MUJTAHID pondering well at the basis of Islamic Commands that are the KITAB and the SUNNAH, remaining totally committed to that only while trying to get the positive suggestion for the judgment he wants, with total attention towards Allah only, on a matter that is open to debate by

Islam that needs a clear judgment fast in a given situation with its pros & cons known well to that competent MUJTAHID who comes to the ruling on that matter then, taking it as most probably the most righteous way for practice to get the pleasure of Allah, without insistence that it is the only right practical way here for certain. With this given statement in view, note that IJTEHAD is not a personal opinion in any way for sure and it is highly valuable when the MUJTAHIDS take it up collectively asking practicing Muslims to adhere to its ruling in clear terms in these current times for sure; Al-Hamdu Lillah.

4e-Note that IJTEHAD has three kinds by the text-book; TAUZIHI, ISTINBATI and ISTESLAHI. This last one is related to ISTEHSAN and MASALEH-MURSALA (i.e. ISTESLAH) and I, MSD, have already remarked that these two are not worth considering in the process of IJTEHAD in any ways now as they would lead to erroneous judgment in today’s scenario where the collective matters have inclination but little towards the KITAB i.e. the Holy Book Quran and the SUNNAH in practice; with this stance, I, MSD, would omit the mention of IJTEHAD-ISTESLAHI in our study here. So, there remain two kinds only of IJTEHAD as of now, TAUZIHI and ISTINBATI. With that, note also that QIYAS that commands very high value in the study of IJTEHAD at the USUL Al-FIQH, is included in ISTINBATI though ISTINBATI does have more to it inside than QIYAS only for certain. It is well insha-Allah for a MUJTAHID to apply ISTINBAT at the Holy Book Quran where understandable yet that must come at fore minus QIYAS with the assistance of the important points mentioned previously that are relevant to the IJTEHADI

process and with the assistance of the Key-Statements that we would study ahead insha-Allah keeping strictly to all other guidance of the KITAB and keeping strictly to the SUNNAH of the Prophet PBUH. So, for the purpose of understanding IJTEHAD in the simple way, the division by two kinds, TAUZIHI and ISTINBATI, is better that indicate TAZAKKUR and TADABBUR at the Holy Book Quran respectively leaving ISTESLAHI aside. It is very interesting to note that those who have worked well at USUL Al-FIQH tell clearly that ISTINBATI is based on clear positive indications of the KITAB and the SUNNAH while ISTESLAHI is based on the notion that by it nothing challenging to the Islamic Teachings comes at fore; this difference does clarify well for certain why ISTINBATI has its worth and why ISTESLAHI does not hold good in the process of IJTEHAD as of now where in the name of the unchallenging attitude to the KITAB and the SUNNAH, misjudgment has occurred highly and would occur highly due to the general decline in adherence to the Islamic Values that has led to care about the worldly life more than the life at AKHIRAT for certain; the past century has proven this well. However, as ISTINBAT must not be limited to QIYAS, it is not improper to say in today’s scenario, that besides TAUZIHI, all the worthy acceptable IJTEHAD in actual is ISTINBATI for certain; in-fact, even TAUZIHI assists it good in its application and it certainly is much needed when ISTINBATI is applied. This tells clearly that though TAUZIHI might not need ISTINBATI for its application as it goes up-to a certain level, ISTINBATI actually takes everything related to Islam to come to its ruling on a debatable issue with total attention towards Allah only; that

includes even QIYAS when it is applied to the understanding of the Holy Book Quran at TAZAKKUR (that is TAUZIHI) and to the understanding of the SUNNAH of the Prophet PBUH; as such these both are not mutually-exclusive where ISTINBATI is in discussion. Note that TAUZIHI relates highly to the understanding of the word at the NASS (i.e. the KITAB and the SUNNAH) better, especially of the KITAB i.e. the Holy Book Quran. This includes consideration of its meanings in the KITAB, the further indication that might relate to its meanings, its usage by speech and even its omission if there is an indication to that in the sentence, its placement and all other relevant points to it there. In the SUNNAH, the presentation of the word is important only when we take it up well in as simple way as possible with meanings that were in vogue at those times, without taking any stress to go deep for its meaning. The application of four terms to understand the Islamic Commands specially by the Holy Book Quran, relate to this kind of IJTEHAD; these are “IBARATUN-NASS” (what the words clearly present), “ISHARATUN-NASS” (what the words clearly present though that is not the issue under discussion directly), “DALALATUN-NASS” (what the words denote by extending the impact of the meaning of those words) and “IQTIDHAUN-NASS” (what the complete sentence denotes by acknowledging an unmentioned yet understood word as present there at the appropriate location). IJTEHAD-ISTINBATI enfolds the four so-called additional secondary sources to Islamic Commands and that means it takes their assistance as notable points rather important statements, to consider in the process of IJTEHAD; it must omit ISTEHSAN and

ISTESLAH during this process. These two that are ISTEHSAN and ISTESLAH, are said to be indirectly and directly related to IJTEHAD-ISTESLAHI respectively that is out of our discussion. Both the IJTEHAD that are well to take-up at these current times at the Holy Book Quran, i.e. TAUZIHI and ISTINBATI, must keep the SUNNAH necessarily in view though ISTINBAT must also care lots to keep in view all other AAYAH of the KITAB that are relevant to the AAYAH it observes. It must take into consideration all the Key-Statements too specially seven of them; four I, MSD, have mentioned that are named among the so-called secondary sources to Islamic Commands and three I would mention ahead insha-Allah; QIYAS also comes under the head of ISTINBAT by designation though it is important to see that QIYAS is applied at the SUNNAH only where needed and applied at TAZAKKUR only to the KITAB with high care; note that ISTINBAT in itself, relates to TADABBUR; Al-Hamdu Lillah. Now, going ahead, we have to study two ways too to take-up any of these two kinds of IJTEHAD and that are MUTLAQ and MUQAYYAD. The former means to decide about Islamic Command on a moot issue that has arisen currently, directly from the KITAB and the SUNNAH while the latter means to make some clarification keeping to the KITAB and the SUNNAH, often petty in nature, on an issue that had been already decided well by the MUJTAHIDS previously; we had got it indirectly through them previously too from the KITAB and the SUNNAH only. Today, we Muslims need to decide the Islamic Attitude, getting to the Islamic Command, in response to the usage of different modern gadgets that have come into the life-style, by the MUTLAQ keeping strictly to the KITAB and the

SUNNAH of the Prophet PBUH certainly. This is because the previous rulings are not much relevant to designate their usage in the current times. Moreover, there is much intermingling of the Muslim persons with the Western people today and these Western people understand and value Islam but little. This intermingling takes place specially through the electronic and social media, that does ask too for the Islamic Attitude clear and fast. Certainly, this IJTEHAD does need utmost good understanding of Islam strictly on the basis of the KITAB and the SUNNAH yet it is quite achievable once the practicing Muslims that are among ULEMA try their best to rise at the status of MUJTAHID by study and more than that, by asking Allah for the status and then they rise practically to the task; Al-Hamdu Lillah. Today we Muslims have three types of issues that are related to IJTEHAD in character and among them the issues at the third type need high concentration for sure to keep to the Islamic Guidance practically in the present times. The first type are those that we needed before and that we need now too and their need is till all times ahead, to fulfill the Islamic Commands given in the KITAB and the SUNNAH because they provide the guidance in clear terms that is totally necessary to take-up well to practice those Islamic Commands; in them are those important rulings too that relate to the five pillars of Islam; Al-Hamdu Lillah. SAHABA or/and the four prominent IMAMS with others of equal status to those IMAMS at their times have decided these issues well for all times and places according to the KITAB and the SUNNAH for ease in their necessary practice; these are the totally settled issues that need total attachment only to them in practice; the

practicing Muslims do follow them well as they must not be challenged by any way, neither by MUTLAQ nor by MUQAYYAD; Al-Hamdu Lillah. The second type are those that we Muslims certainly needed before due to the guidance provided specifically in the authentic Ahadith and we do still need them yet there is no need to adhere strictly at face to them at this present time but their asking has yet to be fulfilled; example for this are the rulings relating to the weaponry of old when and where applied for the necessary QITAL that their rulings would apply in these current times to the modern weapons by the compatible way keeping the essence of those rulings intact according to the Islamic Guidance; the ruling for LUQTA (any thing of value lying somewhere at ground with no evident claimant to it) so its ruling would apply in these current times by the good announcement by the finder by the newspaper or by some specific program relating to people in general at electronic or social media so that certainly would do well at the present times as the main thing here is to announce the LUQTA as much as possible to all according to the Islamic Guidance; the rulings relating to the means of conveyance given at those ancient times as that were mostly related to horses & camels then, would apply onto the modern means of conveyance in these current times by the manner best suited for now avoiding all shameful attitude and also all unjust approach according to the Islamic Guidance; the ruling for purity of water at wells that were commonly used in those days and even up-to the previous century but now their usage is limited where the old ruling must be followed, so its ruling would apply in these current times by the modern methods of

cleanliness of the water checking that no difference to it takes place that is related to its color, smell or/and taste according to the Islamic Guidance. Other such rulings too that pass the criteria of taking the actual specific asking of the previous rulings based on Ahadith only as mentioned here when and where necessary are also included in this type judging with utmost care all the issues of this type taking high care that nothing adverse to the KITAB and even to other authentic Ahadith takes place in such practice; this does need a collective stance of ULEMA of repute. Note well that where there is confusion as to taking an issue at the first type or at this second type, then it must be taken at the first with a strict adherence to it for sure; Al-Hamdu Lillah. The practicing Muslims must take-up the practice on these second type of issues observing that their practice neither violates the respective specific asking of the commands for them at Ahadith nor their practice causes any disrespect to those Ahadith in any way; the ULEMA of repute only, rising to the status of MUJTAHID by the highest study of the KITAB and the SUNNAH possible for them and by total attention towards Allah only, can take-up IJTEHAD-MUQAYYAD applying TAUZIHI or/and QIYAS of ISTINBATI on these issues; they only have to fulfill the actual asking of the rulings on them as guided by the authentic Ahadith in such issues without degrading the previous rulings in any way by their good efforts; they must try to keep to the asking in Ahadith for such issues as much as possible up-to the highest effort of the Man for certain. Note that there is a HADITH that clearly validates this attitude of taking-up the asking of the SUNNAH where there is some debate at an issue. It tells us

that the Prophet PBUH commanded on the day of AHZAAB that “No one of you should pray ASR until you reach BANU-QURAYZAH. While they were on their way, the time of ASR came. Some of SAHABA-RA said we should not pray until we reach BANU-QURAYZAH. Others said we should pray ASR now because the Prophet (PBUH) did not mean for us to leave the ASR prayer (on its time), but he wanted us to follow in haste. So some of the SAHABA-RA prayed ASR, while others continued on until they reached BANU-QURAYZAH after sunset. When they went back to the Prophet PBUH, they mentioned to him this all and HE DID NOT BLAME either one of them"; this is reported by BUKHARI; Al-Hamdu Lillah. The first type of issues pose no problem to practicing Muslims as these issues are necessary to practice as settled previously and they are well at manifestation even now having no need of any touch in any way; Al-Hamdu Lillah; while for the issues at the second type, the ULEMA of repute capable of taking-up IJTEHAD-MUQAYYAD rising to the status of MUJTAHID, certainly can do the job well, recognizing them well and deciding well on them still, seeing that no such thing takes place that is adverse to the KITAB and the SUNNAH by their beautiful collective effort remaining totally attentive towards Allah only; Al-Hamdu Lillah. The problem does appear at the third type of the issues that need clarification for practice and that are those which we Muslims are facing today due to the general effect of the modern gadgets and the high impression of the West in the lives of the people today; these issues were neither encountered nor any interpretation was offered for their application according to the Islamic Teachings by the MUJTAHIDS of old previously.

While the issues at the first type do not need any IJTEHAD at all and the issues at the second type relating to Ahadith need the IJTEHAD that is MUQAYYAD only in nature caring to fulfill the asking of the SUNNAH totally well, these issues at the third type need IJTEHAD that is MUTLAQ though that even must necessarily have some reasoning in the positive manner by the KITAB or/and the authentic SUNNAH without fail; the notable point here is that it must take something positively from these two primary sources to the Islamic Commands and just seeing in this IJTEHAD that nothing adverse takes place to these primary sources would not do here as to take-up debatable issues in this manner is erroneous, specially in these present times where the persons at the management of people’s affairs care but little about Islam. We Muslims face a huge challenge at the present times as the change in the living style, due to the modern gadgets that have come into the common use and due to high inter-action that have occurred between the Muslims and the non-Muslims by the media, has affected people so much all over the world in this current era that we Muslims need to decide for the necessary Islamic Attitude here fast and clear so that even if this change does affect, it must not affect us adversely at the collective level. Never ever before in the history of the mankind has such change in the life-style of the Man occurred so fast and so big that is not only due to the modern Satanic thought that takes the Man as an animal only by different sides, but also due to the practical application of that very Satanic thought taking the worldly life as the only thing to care, forgetting Allah and forgetting that we all have to answer to Him at AKHIRAT for certain; the desire

for ease at the world has caused to invent such gadgets that have certainly brought much convenience here yet with that, many of them pose a high challenge at times to the Islamic Mode of living even by their presentation only at the environment we live in. But Islam comprises of the Commands of Allah and as such, it is true in the text and the practice for all times and for all places; these Commands in essence, have been provided to us totally at the golden period of the Last Prophet Muhammad PBUH; Al-Hamdu Lillah. Although I, MSD, would point-out the general attitude to take by a simple statement for the modern gadgets in these present times by the KITAB and the SUNNAH at the Conclusion in this writing insha-Allah yet the actual work certainly has to be done by those prominent ULEMA of repute who can rise to the status of MUJTAHID deciding the best for these current issues mutually that need address fast and clear; Al-Hamdu Lillah. ULEMA are in agreement that IJTEHAD is the collective obligation (FARDH-KIFAYAH) of all qualified compatible MUJTAHIDS in the event where an issue arises but no urgency is encountered over its ruling but it is a personal obligation (FARDH-AYN) of any of those qualified compatible MUJTAHIDS in urgent cases; we certainly need the COLLECTIVE-IJTEHAD good for general practice fast and clear at these current times; Al-Hamdu Lillah. If the prominent ULEMA adopt the attitude of avoidance not going for the presentation of Islam in utmost clear terms in today’s scenario collectively keeping themselves just to “wait and see” then that would not only be against the good status they enjoy but it would also put Muslims generally at such high trouble that they might even think erroneously that Islam

has become inefficient to deal with their current problems; MUAZ-ALLAH. Here even TAQLID (following any of the four prominent IMAMS) would not do as TAQLID does not give answer to these issues that we face today; here what we need in clear terms, is the MUTLAQ-IJTEHAD. The MUJTAHID must care for TAQLID in the settled issues taking them from the previous rulings that assist in the practice of the KITAB and the SUNNAH for certain yet we need MUTLAQ for many modern issues at hand. The urgent need for the IJTEHAD that is MUQAYYAD in the second type of issues, is still not much difficult to tackle by ULEMA of high repute at places even at the present times to put into practice well; Al-Hamdu Lillah; yet the urgency for the MUTLAQ does seem to pose much problem by the Islamic View today that is highly needed at the issues of the third type; the persons at influential positions who do care truly about Islam and who do have authority at the management of affairs of people can do well here keeping to the Islamic Values indeed. However, this is a notable point that though the legislative organ of an Islamic state, when it comes to understand the KITAB and the SUNNAH well and takes it into practice, can assist in such MUTLAQ-IJTEHAD where the conditions to the SUBJECT and the OBJECT are present yet even that organ can not abrogate any command that is stated in any of the two primary sources for the simple reason that Allah is the Absolute-Authority to provide the Law and it is His will only that determines good and evil. He has provided His Guidance clearly by the Holy Book Quran in principles and by the SUNNAH of the Prophet PBUH for the practice of those and so Muslims can use whatever authority they have or achieve, only

within the limit specified by the Commands of Allah getting them by these two Primary Sources and as such, even the Consensus (IJMA’) that is indeed one of the recognized sources of the Islamic Commands that relates directly to the practical values of Islam, is also totally dependant and absolutely subservient to these two that are the KITAB and the SUNNAH; it can explain them but never can overrule their explicit injunctions; Al-Hamdu Lillah.

4f-Note that QIYAS, that is essentially a component to IJTEHAD, is also mentioned with high esteem in the USUL Al-FIQH. It literally means “to measure something in specific units with some appropriate measuring tool”. In accordance to this, the specific meaning that the USUL takes for it is “to take-up the ruling for an issue that is yet open to debate and that is in accordance with the ruling on a previous issue that is known to be Islamic for certain, because it is very similar in manifestation and nature to it judging that similarity by deep observation of the KITAB and the SUNNAH”. Due to its inclusion in IJTIHAD (that is ISTINBATI), the AAYAH quoted for IJTEHAD are good for its validity too; see also Surah HASHR-2 where “FA’TABERU” is a direct indication to QIYAS according to the TAFSIR of many ULEMA of repute. The four IMAMS agree to QIYAS using it strictly in accordance with the KITAB and the SUNNAH, some putting it to use more than others. According to its definition, QIYAS comprises of four things; these are the ASL for QIYAS (the issue that already has the Islamic ruling to it according to the actual sources to Islamic Commands), the FAR’A (the issue open to debate that needs the ruling to it), the HUKM (the

ruling that is needed) and the ILLAT (the similar specific cause judged by the deep observation of the SUNNAH, between the ASL for QIYAS and the FAR’A and the resultant ruling must certainly not fall against the KITAB in any way). The good example for QIYAS is that as the dealings in the property of a child is made by his WALI (the Guardian) so then his marriage is also to be made by his WALI as without that, it would not be valid; here the former issue is ASL for QIYAS, the issue of the child’s marriage is FAR’A, the ruling for the former that is taken-up for the latter too is HUKM and ILLAT is that both, handling of his property and the issue of his marriage are on the same plane of transactions so they both seem to have the same ILLAT by TAZAKKUR at the Holy Book Quran (see Surah NISAA-6); Al-Hamdu Lillah. Another better example can be quoted about the question UMAR-RA asked the Prophet PBUH; he had asked if someone kisses his wife while fasting and the Prophet PBUH replied in words to the meaning that it is like gargling with water (and as such, does not break the fast). QIYAS is applicable well at the SUNNAH yet it must not be applied to the Holy Book Quran on the level of TADABBUR though what the good understanding of the MUJTAHID gets readily by words plainly on the level of TAZAKKUR putting to use the four terms related to the understanding of the NASS is well here insha-Allah without any stress to the mind. In other words, the application of QIYAS when it assists in TAUZIHI is quite fine insha-Allah without the concern if the term “QIYAS” is used for that or not, just taking the TAUZIHI as the simple understanding of the Holy Book Quran readily available to the MUJTAHID. As noted before, it is required to refrain from the practice of QIYAS on

TADABBUR for the simple reason that to come at ILLAT at the KITAB that is the speech of Allah, is not feasible due to our limitation here; note here that to find the ILLAT for QIYAS is even a challenging task when applied to the SUNNAH where the QIYAS is good in all manners. ULEMA do know well that there are some issues where due to the guidance of Ahadith, the clear asking of QIYAS has been left aside as exceptions and this tells us to be highly cautious to apply QIYAS to the Holy Book Quran even at the level of TAZAKKUR; Al-Hamdu Lillah. However, this does not imply at all that a MUJTAHID must not take-up the deep observation at the Holy Book Quran as that is most appreciable for the MUJTAHID but that must remain without any inclination towards QIYAS; this deep observation is inside the area of ISTINBAT that certainly relates to TADABBUR; Al-Hamdu Lillah. In QIYAS, the meaning of ASL taken for QIYAS, FAR’A and HUKM are most clear but the fourth term i.e. ILLAT does need some detail so this brief study at USUL Al-FIQH insha-Allah would take that up now; Al-Hamdu Lillah. Note that ILLAT is not just a simple cause to an Islamic Command but it actually is the specific cause understood by the high observation of the KITAB and of the SUNNAH that establishes the Islamic Command due to the judgment of striking similarity between two issues, one of them decided and the other open to debate. There are three terms that relate to ILLAT and they have been coined due to its importance in QIYAS, to elucidate it totally well for application. The first of these terms is TANQIHE-MANATH (to clean the different factors in the issue, the ASL for QIYAS, to get to the right ILLAT there); the second is TAKHRIJE-MANATH (To observe the issue well then

put in focus, the right ILLAT there) and the third is TAHQIQE-MANATH (to apply the ruling of the ASL to the FAR’A according to the striking similarity of the right ILLAT there that clarifies the FAR’A for the practice clearly). The first one implies that the MUJTAHID decides the identity of the ILLAT in the ASL for QIYAS if there is some doubt that there seems more reasons than one in the decided issue that is taken to apply at FAR’A. By observation of the KITAB on the basis of TAZAKKUR and by observation of the SUNNAH well, he must discard all such at that issue that might seem ILLAT by the strict scrutiny he takes-up making easy to get to the right one. The second of these terms implies that the MUJTAHID locates the right ILLAT by observation of the KITAB and the SUNNAH; clearly taking it in focus as the specific ILLAT of the ASL for QIYAS to be applied in the best way to the FAR’A without any doubt. The third of these terms implies that the MUJTAHID applies the ruling of the ASL for QIYAS to the FAR’A in the best possible way to make ease in practice regarding that issue i.e. the FAR’A, keeping the pros and cons and even the effects that such practice might cause individually and collectively, at the given time and the given place. The MUJTAHID must see to the detail well of this last one that is TAHQIQE-MANATH, that is related to the application of the ruling (HUKM) by QIYAS too as even a minor blunder in this might cause a major problem in the practice in that issue according to the Islamic Viewpoint; the attention must totally be towards Allah as He only can end the FITNAH at the environment by the righteous guidance towards the Truth certainly; Al-Hamdu Lillah. Note that all the rulings of the FIQH are related to HIKMAT (the Wisdom); this means in

the Islamic terms the righteous path to take in a given environment for practice strictly according to the KITAB and the SUNNAH of the Prophet PBUH; Al-Hamdu Lillah.

THE KEY-STATEMENTS

Besides the four so-called additional secondary sources that are relevant statements to the process of IJTEHAD-ISTINBATI, there are other very important Key-Statements in FIQH based on the KITAB and the SUNNAH, that also do have the weight that claims relevance at the IJTEHADI process. Although these Key-Statements are related to the FIQH rather than the USUL Al-FIQH yet they claim a high importance here too, specially five of them, as they also do assist IJTEHAD-ISTINBATI enjoying the status very like the four so-called additional secondary sources; in actual, those four also are the Key-Statements that are closely related to USUL. Note that two of these FIVE very important Key-Statements, that have been named even as the “Five Normative Maxims” in FIQH, have already been mentioned in the four so-called additional secondary sources; Al-Hamdu Lillah. These two are ISTESHAB indicated by words here that “Certainty is not over-ruled by doubt” and ‘URF indicated by words here that “Custom unchallenging to the Islamic Values, is highly significant”; these two are considered among the FIVE very important Key-Statements. Due to the importance of these FIVE in the assistance to IJTEHAD, I, MSD, would insha-Allah present the other three too that are unmentioned in the four so-called additional secondary sources making these Statements that assist the IJTEHAD-ISTINBATI seven in total; Al-

Hamdu Lillah. I, MSD, would take these three in three pairs of statements, as both the parts of each pair of statements are near to each other in application when their outcome remains in focus. Each of these pairs, like all the four Key-Statements mentioned before, is based on the KITAB and the SUNNAH, indicating some specific view that claims indeed a very high attention in the IJTEHADI process and as such, in the Islamic Teachings; Al-Hamdu Lillah.

“Acts are judged by the intentions behind them”“No Virtue in the good deed done to show-off”

“Harm must be eliminated but not by another harm” “Stoppage of harm takes priority over asking of benefit”

“Hardship brings some temporary facility”“Utmost Necessity makes unlawful as lawful temporarily”

The first pair of statements tells us that no person is liable to any good return for a deed that is though good in nature by itself yet it has been done to boast and boost the self only in the eyes of people; however this must remain clear too that “all persons are innocent until proven guilty” as is shown in the statement related to ISTESHAB that “certainty is not overruled by doubt” and as such, nobody must be blamed unless and until his wrong intention to something is obvious. There is a narration by UMAR-RA in the authentic Ahadith to this effect that the Prophet PBUH said, “Deeds are related to the intention behind them. And for a man is what he intends. If a man’s migration is

for Allah and His Messenger then his migration is (recorded) for them; but if his migration is for the world to earn it or for a woman to marry her then his migration is focused on that for which he has migrated” (TIRMIDHI). Intentions do value for deeds and if someone has wrong intention not caring about the pleasure of Allah, then even if the work he has taken-up is virtuous, he would not get benefit at AKHIRAT from it certainly. Also, no adverse dealing must be shown when some forgetfulness leads to an adverse deed or it is done without any intention to it whatsoever; there is a HADITH on this point narrated by ALI-RA that tells us “The pen is raised concerning three, one who is asleep till he awakes, a child till he attains puberty and an insane person till he regains senses” (TIRMIDHI). When a person commits an act without any true intention to it, his attention towards Allah would certainly save him from its bad effects. The Holy Book Quran says. “Repentance with Allah is only for those who do evil in ignorance, then turn attention (to Allah) soon, so these it is to whom Allah deals mercifully, and Allah is ever Knowing, Wise” (Surah NISAA-17). This pair of the Key-Statements does tell with other things, that the benefit of doubt goes to the one who is charged with a crime and the proof for the crime is on the person who claims about someone that he has committed a crime; Al-Hamdu Lillah.

The second pair of statements tells us that harm has to be eliminated yet that must not by done by putting another harm in replacement. Please note this well here that harm is only that which the KITAB and the SUNNAH designate as harm; in other words whatever is wrong as clarified by

these two, they have to be avoided. There is another key-statement that is related to this pair that tells that “if unavoidable to take one of two wrongs, then the lesser wrong has to be taken”; however, this one is for the situation of IDHTIRAR (utmost necessity). There is high misconception about this pair of Key-Statements as sometimes this has been taken without caring about the fundamental concepts that both the Primary Sources to the Islamic Commands provide and at such times, even the term “harm” has been interpreted in most ordinary ways without care to the view that harm actually is of AKHIRAT that is mentioned here and not of the worldly life. When the harm is of AKHIRAT, then it must be eliminated as soon as and as much as possible but not taking any such solution that results in hindrance to applying of some Islamic Value again thus becoming a harm again in respect of the betterment of AKHIRAT. When there are both good and bad aspects to a matter, then it must be avoided in practice as to see to the avoidance of harm is the priority here without care about the benefit; note that Holy Book Quran does mention that though drinking of wine does have some worldly benefits yet its evil effects at the AKHIRAT are much more than those. The AAYAH reads, “They ask you about intoxicants and games of chance. Say: In both of them there is a great sin and means of profit for men, and their sin is greater than their profit. And they ask you as to what they should spend. Say: What you can spare. Thus does Allah make clear to you the communications (AAYAH), that you may ponder” (Surah BAQARAH-219); afterwards, all intoxicants were prohibited by the AAYAH-90 of Surah MA’EDAH. It is very important at the

administrative level that no such decision must be taken with this argument that the harm has to be eliminated unless there is total clarity about the actual definition for the term “harm” and about the Islamic manner by which it has to be eliminated. Due to some decisions to eliminate the so-called harm, mostly in the name of applying IJTEHAD-ISTESLAHI, there appear many official hindrances for the common Muslim man to live as of now who does want to live with ease in necessities only with total care to AKHIRAT; this uncaring attitude of people at responsible positions might lead to a clash in the long-run period ahead even among Muslims causing high anxiety to all though such clash is certainly not praiseworthy according to Islam. It is true that the Islamic Teachings give importance to the safety of life and its honor, mind, heritage and property; yet the main thing it cares to save is the True Belief that the man has according to the Islamic Teachings and that needs good activities for its charm; where those activities are not enhanced by the environment but are challenged on and on by official needs of useless documentation at the environment, that might lead the good practicing Muslims to revise their attitude of peace to end up the FITNAH by violent means; this would cause high tension at the environment for sure. The Man must not compromise his belief and even the space for good activities for anything and that is what the Key-Statement that is under study, tells us. It is not at all a statement that is favorable to IJTEHAD-ISTESLAHI but indicates that the Muslims must care to live upon Islam with as ease as possible and if that manner of living seems highly difficult due to the general prevalence of FITNAH, then they must join hands to challenge the

adversities that cause hindrance to the Islamic lifestyle but with as peaceful stance as possible and asking for Allah’s help, eliminate it as soon as possible totally, according to the teachings of the KITAB and of the HIKMAT provided by the SUNNAH; Al-Hamdu Lillah.

The third pair of statements tells us that at IDHTIRAR (the utmost necessity), there is some margin to eat something that is HARAM (that is strictly prohibited) or take-up an action that normally is not praiseworthy. Note here that the action would not become JA’EZ even then but due to utmost necessity of saving the life, the person at such IDHTIRAR would have the margin to take-in the necessary amount of something HARAM but even then only up-to necessity; there must be no inclination actually towards the disobedience of Allah and there must only remain hope that Allah would forgive. The Holy Book Quran says, “He has only forbidden you what dies of itself, and blood, and flesh of swine, and that over which any other (name) than of Allah has been invoked; but whoever is driven to necessity, not desiring, nor exceeding the limit, no sin shall be upon him; surely Allah is Forgiving, Merciful” (Surah BAQARAH-173). The most important point to note here is that it is allowed temporarily to benefit from filth to save life at IDHTIRAR according to the AAYAH mentioned yet the AAYAH does not give any allowance for the violation of sanctity of any respectable thing, nor does the authentic SUNNAH give such margin. Note that if someone is at the near of his death and he finds a human body to eat, he has to refrain from eating it for certain due to the sanctity involved here. This point is highly important to see where the sanctity of

women-folk is involved as there are matters, mostly medical in nature as of now, that relate to women-folk where it is highly necessary to see that there comes no violation to the sanctity of the women-folk as Islam takes it. Please note well that even in IDHTIRAR, it is not allowed to violate the sanctity of anything to which Islam has provided respect and this tells directly that we do have to revise our attitudes fast and clear where there is the sanctity of anyone in consideration; when there is the physical benefit of the worldly life at one side and the spiritual loss of AKHIRAT at the other, we must leave the worldly benefit totally and care only about saving ourselves completely at AKHIRAT; this attitude is clear to take as understood by the guidance about the intoxicants as mentioned previously; Al-Hamdu Lillah.

With all said, it is totally clear that IJTEHAD does claim a very high status in the USUL Al-FIQH that enfolds two kinds, each having its own vast field for judgment of issues; TAUZIHI being directly connected to the words of the KITAB and the SUNNAH while ISTINBATI being directly connected to all aspects of the deep observation of the KITAB and the SUNNAH enfolding even TAUZIHI when and where necessary; Al-Hamdu Lillah. ISTINBATI enfolds the QIYAS too though in its application at the KITAB i.e. the Holy Book Quran, it would leave the QIYAS aside where the QIYAS would remain to TAUZIHI only; Al-Hamdu Lillah. In addition, it takes assistance in its process to get to the needed solution of the moot problem it targets, by the FOUR plus THREE relevant Key-Statements too; it also takes the assistance of all the other necessary teachings that any of the

Primary Sources, the KITAB and the SUNNAH, provide to us all. Thus, IJTEHAD, though of any kind, judges by the KITAB and the SUNNAH positively all debatable issues that come into its consideration without any inclination towards making a decision by its own and works for ease in the practice of the Islamic Commands that are the Commands of Allah only, keeping the environment free of all the injustice and indeed, free of all that is shameful; Al-Hamdu Lillah.

GLOSSARY

Islam comprises of Commands of Allah and to know their position is utmost necessary to put Islam into practice well. Note that only Allah has to be obeyed actually as He is the One Creator of all and obedience to any of His creatures is allowed only when it does not become a challenge to His obedience; “there is no obedience to any of the creatures in the disobedience of Allah” (ABU-DAWUD). There are three sources to know these Commands and those are the Holy Book Quran, then the SUNNAH of the Prophet PBUH that is the enlightenment about the Holy Book Quran as provided by the authentic Ahadith for practice of those Commands and then the Consensus (IJMA’) of prominent ULEMA (MUJTAHIDS), especially SAHABA-RA, though it does not denote the Commands in itself but denotes their status and matters relating to them, clarifying them totally for practice. Here, I am presenting the terms that are commonly used to denote the status of Islamic Commands, the Commands of Allah, and this would insha-Allah help a lot in the understanding of the KITAB and the SUNNAH; Al-Hamdu Lillah.

FARDH literally means to decree, whilst in the SHARIAT (the way denoted by Islamic Teachings; also SIRAT MUSTAQIM in a broad sense), it denotes that which is delineated in such a manner that no increase or decrease is possible. FARDH might be FARDH AIN (that which is necessary on each Muslim to perform) or it might be FARDH KIFAYAH (that which is necessary to perform by at least some of the Muslims in a group at a time or at a place). To say the SALAH is FARDH AIN and to spread the teachings of Islam with love and care to all is FARDH KIFAYAH. The command of a FARDH is communicated by a definite text wherein there is no ambiguity but in fact, it is totally clear and specific and to act upon it is necessary.

WAJIB literally means necessary, whilst in the SHARIAT it denotes that which is established by an interpretation with understanding of Verses of the Holy Book Quran or of narrations of the Ahadith. And it is also binding and to act upon it is necessary.

SUNNAH (MUAKKADAH) means in SHARIAT the emphatic SUNNAH or in other words, an act upheld by the Prophet (PBUH) perpetually whilst letting it be known that its performance is not FARDH or WAJIB. The abandonment of SUNNAH MUAKKADAH (emphatic SUNNAH) asks for a reproach because its perpetual omission becomes tantamount to opposing that which the Prophet (PBUH) perpetuated and in this sense it is somewhat binding on Muslims.

SUNNAH (GHAIR-MUAKKADAH) means the SUNNAH that the Prophet did sometimes and also

left sometimes. It is not binding though it is better to fulfill such a SUNNAH sometimes so as to become included in those who care about SUNNAH to a high extent.

MUSTAHAB means an act that the SHARIAT likes and favors though it is not binding at all and omission of its practice is not something to blame.

MUBAH means an allowance given to a MUKALLAF person (a competent person who is Muslim, Sane, Adult and in full possession of his faculties) in performing or refraining from an act. MUBAH has been defined as that act upon which no commendation is shown; neither upon its performance nor on its omission.

MAKRUH TANZIHI means that act to which the SHARIAT shows some reproach yet the person who takes it up, is not in actual blame-worthy if he does it sometimes without any adherence, though he would be advised to refrain from that if he persists on that without any care to leave it. It is an opposite of SUNNAH MUAKKADAH.

MAKRUH TAHRIMI means that act to which the SHARIAT asks to refrain and takes its practice as a wrongful doing. As such it is a matter that if taken up in practice is much to blame. It is an opposite of WAJIB.

HARAAM means that act to which the SHARIAT asks to refrain emphatically clarifying these acts totally. As such, all the big sins are HARAAM; all wrongful acts of high nature included in this term. It is an opposite of FARDH.

The status regarding the practice for Commands of Islam were established with time on the basis of CONSENSUS of the ULEMA of high standing in Islam (i.e. IJMA, especially the IJMA of SAHABAH) and IJMA’ is taken to have the guidance of Allah. Note that the first three denote the position of those Commands of Allah that He wants done (with a leniency in the third); the three that come afterwards denote matters by which He has given us an option to take or to leave and there would not be any violation of Allah's Commands by any way in these when attention is towards Him only; the three last ones denote the Commands of Allah by which He has commanded us to refrain (with strict avoidance of the last one in these three i.e. HARAAM as it is the worst to practice and all big sins are counted in this category). There are few other terms too to denote the position for the commands of Islam and these are actually sub-headings to the main categories that we all have just studied. I provide a small list of such terms that are used commonly for the Islamic Commands below alphabetically:

AADAAB-----------Praiseworthy Manners & Etiquettes; comes in MUSTAHAB and it might be used for clarification of any Command in the first three

HALAAL------------Allowed to eat or to use; comes in MUBAH                  JA’EZ----------------Another word for HALAAL; comes in MUBAH

KABIRAH----------The big sin; comes in HARAAM

KARAAHAT-------Feeling of reproach to something being uneasy at its presence; related to MAKRUH (TAHRIMI or TANZIHII)

MABRUR-----------That which is accepted as a pious act specially HAJJ; to note something in first three categories of Commands

MAKRUH-----------Such a deed towards which a good person feels uneasiness and by SHARIAT, it is detestable and it might be TAHRIMI or TANZIHI

MAQBUL-----------Accepted; can be said for any of the first six categories of Commands

NAFL--------------A good act yet not necessary to perform; comes in MUSTAHAB

NAJA’EZ-----------Not Allowed and it is opposite of JA’EZ; related mostly but not always to MAKRUH TAHRIMI

SAGHIRAH--------The petty sins; comes in TANZIHI and with persistence, taking any of them nothing to worry, then in TAHRIMI

Please note here for the term “SUNNAH” that in general, it includes the words, actions & silence of the Prophet (PBUH) yet when applied in the terms of FIQH, it is the specific designation of the Islamic Commands that are not at the status of FARDH or WAJIB; in this latter sense, it might be MUAKKADAH (emphasized) or GHAIR-MUAKKADAH (not emphasized). However in the former sense being general, it includes even FARDH and WAJIB and the Prophet PBUH has clarified all the wrongs

too to avoid by indicating those in AHADITH in general. So the notable point is that there are two aspects to this term SUNNAH, one is in general and the other is at FIQH; any adverse activity that falls against the SUNNAH of the Prophet PBUH in general terms challenging it clearly is termed as BID'AH; also any continuous activity in practice that seemingly is an addition to the guidance of the SUNNAH in some matter (specially but not specifically when that addition is in the SHA’ER that are the acts that relate to the manifestation of Islam) is also BID’AH as it results in raising of the MUBAH to a necessary act to perform in the long-run and when it is taken as something praiseworthy, it is even more worthy of blame.

Note that all those commands that a Muslim must fulfill as an obligation are expressed by the term ADAL while those that are better to take but not binding on him are expressed by the term EHSAAN and sometimes the term AZEEMAT is also used for EHSAAN though generally the term AZEEMAT denotes such commands that the practicing Muslims have to fulfill normally. This implies that sometimes the actual command is relaxed due to the asking of the grave situation a practicing Muslim faces and this is named as RUKHSAT (used in the way that it means an allowance to omit the AZEEMAT that is the command in the normal way, with total attention towards Allah). Sometimes there rises something that stops the application of some command as the person who kills a man to whom he is one of the heirs, will not get anything from the deceased man’s property as the murder he committed stops the actual command to take place for him. Besides these two, that inhibit practice on the relevant Islamic

Commands, there are asking of some activity too that relate to the fulfillment of the relevant Islamic Commands. For example, to take a woman into marriage does ask to pay MEHER to her; or to say the SALAH does ask to make the WUDHU as it is its condition. However, the notable difference here is that the first one does necessary precede the marriage being directly related to it while the second one takes place as a condition and as such, it is not necessary to take-up SALAH to which it is a condition, in practice whenever a person makes the WUDHU; Al-Hamdu Lillah. Also note that among all these good designation of Islamic Commands that are the Commands of Allah only, SUNNAH-MUAKKADAH and SUNNAH-GHAIR-MUAKKADAH and MUSTAHAB according to FIQH are often taken together by Jurists at HANAFI-FIQH, giving this set of good three values the name of MANDUB. However, please note that while the SUNNAH-GM and MUSTAHAB (that is also named as SUNNAH-ZA’EDAH) has no blame on its omission in practice, SUNNAH-MUAKKADAH does denote some binding to the command it relates to, though certainly it is not at the status of FARDH or WAJIB. Due to putting these three types of SUNNAH into one category, the count of designation of Commands is generally taken as seven; in fact, sometimes even TANZIHI and TAHRIMI are counted into one category too by the simple name of MAKRUH only; yet I, MSD, preferred the count of nine with elucidation of MANDUB by its break-up here as that clarifies the matter much and conveys the point better by the sequence presented here. Please note well that a good sequence of presentation of scholarly issues, brings their good understanding with total ease; Al-Hamdu Lillah. May Allah guide all Muslims

towards the necessary required attitude to take-up even in all those issues too that have just come at fore, and with that guidance, gives them also the TAUFIQ to keep to it only in practice at all times everywhere; Al-Hamdu Lillah.

CONCLUSION

Please note here that Allah has the power to do his work in different ways; He changed the environment to better in the first JAHILIYAT (era of ignorance to the Truth) by emphasis on ADL (that is power of the Law of the Islamic Teachings) by His Will and He might change the environment to better in this second JAHILIYAT by emphasis on EHSAAN (natural inclination towards goodness inside) by His Will; and of-course, Allah knows better. The application of the Holy Book Quran keeping to SUNNAH of the Prophet PBUH in practice, has proved the only true weapon that defeated the first JAHILLIYAT and it would certainly be the only true weapon to do so keeping to SUNNAH of the Prophet PBUH in practice, in this second JAHILLIYAT. Note that the Holy Book Quran has told us that another JAHILLIYAT (era of ignorance to the Truth) would come besides the JAHILLIYAT that prevailed before the Prophet PBUH presented Islam. This is deduced by the learned ULEMA in TAFSIR (the understanding of the Holy Book Quran) by the 33rd

AAYAH of Surah-AHZAAB that commands the wives of the Prophet PBUH in particular and all Muslim women in general to observe HEJAB, “And stay in your houses and do not display your finery (beauty) like the displaying of the FIRST JAHILLIYAT; and keep up prayer, and pay the poor-rate, and obey Allah and His Apostle. Allah only

desires to keep away the uncleanness from you, O people of the House! and to purify you a (thorough) purifying” (Surah AHZAAB-33). ULEMA have deduced here by the term at the AAYAH i.e. the “FIRST JAHILLIYAT”, that there would yet come another JAHILLIYAT in manifestation as the term “FIRST” is relative and so it has been used here to denote the coming of a second JAHILLIYAT in the future as the message could have been given without mentioning the word “FIRST”; note that the words also are important by which we understand the meaning of the Holy Book Quran; this second JAHILIYAT is wholly in presence now all over the world that is asking the Man to commit himself to injustice in the matters of life and asking the Woman to commit herself to much shameful attitudes. If His will is to change this JAHILLIYAT as of now by EHSAAN then this does tell that while there were mostly men among Muslims then, who did the work with caliber by His approval challenging the non-Muslims that were a high threat to Islam by JIHAD (including QITAL), now at these times, insha-Allah there would mostly be women among Muslims (and even among non-Muslims that revert to Islam) who would adhere to practical Islamic Values with caliber by His approval manifesting the Islamic Environment by total adherence to Islam in all walks of life strictly; it seems that this chance to better things is the last to us Muslims and we must avail this with total attention towards Allah. With this adherence to Islam, shameful attitudes that Islam has prohibited in clear terms, would be taken as high immorality in general insha-Allah; also injustice as Islam takes it, would disappear from the environment insha-Allah. It would be most easy then to attract the non-Muslims by

TABLIGH putting Islamic Teachings in clear terms that would already have their manifestation at the environment and even by an honorable pact that might give them the time and space to understand Islam well; Al-Hamdu Lillah. The Human Life does ask for adjustments time and again, especially from us Muslims, to keep the balance in attitudes according to Islam though at this moment of time, we have piled them up. However, the good thing is that physical adjustments need a period of time yet in comparison, the adjustments required inside the Man that relate to getting the righteous attitudes according to Islam, needs only the good intention to do it keeping the total attention towards Allah; the work is done the moment we take it up; Al-Hamdu Lillah. Note that ADL is related mostly to the Man while EHSAAN as an attitude, is related mostly to the Woman for sure; Al-Hamdu Lillah. The betterment of the situation due to the betterment of women coming to practice of the Islamic Values now is the notion that attracts the understanding due to the fact that Satan is trying his level-best to tempt women-folk, especially the Muslim women, to deviate from the Islamic Values in these present times and EHSAAN is the right keyword to call women-folk towards Islam; Al-Hamdu Lillah. This JAHILIYYAT is even more dangerous than before as the first one had not much of Satanic concepts behind it yet this one has Satanic concepts in different walks of life that it is presenting in an organized manner practically with the base that the Man is but an animal only and nothing else. However, the Holy Book Quran clearly indicates to us that if we go on presenting the true guidance i.e. the Holy Book Quran according to the SUNNAH of the Prophet PBUH to clarify how the Man and

the Woman must live upon Islam in all walks of life, that continuous effort in TABLIGH (that actually in itself, is a part of JIHAD) would end this JAHILLIYAT insha-Allah as QITAL (that also actually is a part of JIHAD) ended that JAHILLIYAT in the known world of yore and the Truth would manifest for certain all over the world totally even at these current times insha-Allah. Mostly, it has happened that only few people stood-up for the TABLIGH of the Truth yet Allah gave power to that effort and it enlightened the lives of many people initially at other places than where those few people took-up the TABLIGH. He is HAKEEM (the Truly Wise) which means that He is shaping all things towards the way He intends and it takes many years sometimes for us to see how things have turned favorably for Islam practically; it took 2500 years for DUA of IBRAHIM-AS to manifest when Allah sent His last Messenger Muhammad PBUH at Arabia for all times and all places for which the Holy Book Quran narrates, “And when IBRAHIM and ISMAIL raised the foundations of the House- Our Lord! accept from us; surely Thou art the Hearing, the Knowing- Our Lord! and make us both submissive to Thee and (raise) from our offspring a nation submitting to Thee, and show us our ways of devotion and turn to us mercifully, surely Thou art the Oft-returning (to mercy), the Merciful. Our Lord! and raise up in them an Apostle from among them who shall recite to them Thy AAYAH (communications) and teach them the Book and the Wisdom, and purify them; surely Thou art the Mighty (AZIZ), the Wise (HAKEEM)” (Surah BAQARAH-127,128,129). When YAQUB-AS interpreted the dream of YOUSUF-AS, he told clearly that Allah would provide ways for the rise of YOUSUF-AS as Allah is All-Knowing and HAKEEM

(see Surah YOUSUF-6); at this Surah, we find this name of Allah i.e. HAKEEM at another place too that denotes that YAQUB-AS was totally sure that Allah would provide for such circumstances that would lead to rejoining of all members of his family (YOUSUF-83) and yet at another place where YOUSUF-AS remembers how Allah has made possible by His blessing leading the events to the rise of YOUSUF-AS and to the rejoining of all the members of the household of YAQUB-AS (YOUSUF-100); Al-Hamdu Lillah. At AALE-IMRAN, Allah tells us; “He it is Who shapes you in the wombs as He likes; there is no god but He Who is the AZIZ, the HAKEEM (AALE-IMRAN-6). There are other places too where the SIFT (Trait) of Allah denoted by HAKEEM tells us well that Allah is taking the matters practically to the way He intends yet it seems to us that everything is going-on by the actions of the people; this name of Allah, like all His Names, tells us that Allah only has the True Power; Al-Hamdu Lillah. We must go-on with the TABLIGH of Islam and Allah would decide the outcome for it; Al-Hamdu Lillah. The KITAB says, “And who is more unjust than he who forges a lie against Allah and he is invited to Islam, and Allah does not guide the unjust people. They desire to put out the light of Allah with their mouths but Allah will perfect His light, though the unbelievers may be averse. He it is Who sent His Apostle with the GUIDANCE and the TRUE-PATH of life, that He may make it overcome the paths of life, all of them, though the polytheists may be averse” (Surah-SAFF 7,8,9). Note that the pronoun “He” at the translation “that He may make it overcome the paths of life, all of them” is to indicate Allah but note also, that it has been taken to denote the Prophet PBUH by some of MUFASSIREEN (the

commentators on the Holy Book Quran) and this affects the meaning. If “He” indicates Allah then the foregoing remarks are most appropriate that are my preference here and Allah might take-up EHSAAN now to change the world to the better especially guiding the Muslim women-folk to betterment and giving us all, men and women, the TAUFIQ to provide the Islamic Teachings well by TABLIGH (the deliverance of Islamic Teachings by all ways possible to all and this is a form of JIHAD). This would put the Islamic Teachings in the fore-front insha-Allah to finish-off the impression of Satan at the environment in the present times; Al-Hamdu Lillah. But if “He” indicates the Prophet PBUH then the good change might come in this second JAHILLIYAT too the same way as before i.e. by QITAL (the war against the unbelievers and this also is a form of JIHAD) in the manifestation of ADL as the following of the Prophet PBUH is necessary for all of us Muslims. It is Allah’s Will that reigns over all and He knows better; Al-Hamdu Lillah. We have to go on spreading the clear teachings of Islam according to the Holy Book Quran and the SUNNAH keeping our attention towards Allah only, and the result would come for certain as Allah wills; Al-Hamdu Lillah. Note well that we Muslims have to go for TABLIGH of Islamic Principles collectively to all for Guidance and for practice in all fields of life now as we Muslims are the UMMAH of the last Prophet Muhammad PBUH that have this obligation collectively as that is necessary, no matter how the AAYAH is interpreted for the specific pronoun. However, those among Muslims who take-up the initiation of QITAL as the last option to do the job, they must not be blamed at all in any way if they totally care well not to affect the lives of the

innocent people, as that also is a possibility according to the difference in the TAFSIR of the AAYAH of AS-SAFF quoted; the part noted that is -“He it is Who sent His Apostle with the GUIDANCE and the TRUE-PATH of life, that He may make it overcome the paths of life, all of them”- has also come at two other places of the Holy Book Quran that are Surah Al-FATH-28 and Surah TAUBAH-33. May Allah guide all the peoples of the world towards the Truth only; Al-Hamdu Lillah.

Please note here that there are three levels for Muslims to deal with the non-Muslims. The first is TABLIGH to those who are ignorant of the true aim of life that is to worship Allah only (see Surah ZARI’AAT-56) and have not ever got the chance to think over this utmost important matter without any particular abhorrence to Islam. AAYAH-125 of Surah-NAHAL reads, “Call to the way of your Lord with wisdom and good counsel and have disputations with them in the best manner; surely your Lord knows best (about) those who go astray from His path, and He knows best (about) those who follow the right way” (Surah NAHAL-125). I, MSD, have written a paper that compares the TORAH by the teachings that the Holy Book Quran presents and that writing is available at my site by the name of “Pentateuch- the Islamic Viewpoint”; Al-Hamdu Lillah. The second is an honorable pact with them if they do not take-up Islam and are strong enough seemingly to challenge the Islamic Values that they must not interfere in the Islamic living-style of us Muslims that we understand to be the better way to life and we Muslims would certainly keep away from them insha-Allah giving them the time and space to live their own lives in their own way as they

intend. Surah Al-KAFIRUN, whole of it, clarifies the point and even Surah-TAUBAH tells us that non-Muslims must be left alone with a pact favorable to Muslims, once those non-Muslims are given the option to come to Islam clarifying it well to them; in today’s scenario, this pact is better even if by the will of Allah, they turn weaker than Muslims and not much able to fight the Muslims in any way. It says, “Fight those who do not believe in Allah, nor in the AKHIRAT, nor do they prohibit what Allah and His Apostle have prohibited, nor follow the true DEEN, out of those who have been given the Book, until they pay the JIZYAH (official tax taken from non-Muslims instead of ZAKAH) due to superiority (on them) while they are in a state of subjection” (Surah TAUBAH-29). The third is JIHAD i.e. QITAL against those who knowingly oppose Islam to finish-off its impression in the collective matters of the mankind (Muslims are even allowed to initiate it of-course when and where necessary according to the Islamic Teachings, yet I, MSD, understand that in the world we face today, it is totally better to avoid initiation of QITAL from our side because now that would certainly lead to killing of innocent lives, even if not intentional, so we must take-up QITAL where necessary for defense only; both the taking of it and its avoidance due to the high threat to life of the weak persons that are not inclined towards it). The AYAAH-29 of Surah TAUBAH that has just been quoted, indicates this third level of dealing too until they come to the status where the second level of dealing with them would do yet the AYAAH-193 of Surah BAQARAH is explicit that says, “And fight with them until there is no FITNAH, and DEEN remains for Allah only, but if they desist, then there should be no hostility

except against the oppressors” (Surah BAQARAH-193). Note that FITNAH means the prevalence of such Satanic impression in the environment that there remains little if any chance to live according to the Islamic Teachings in the collective manner. The actual work of the Holy Prophet PBUH was totally related to the Holy Book Quran; that was to recite it (TILAWAT), to teach it well (TA’LEEM Al-KITAB) and provide all the necessary detail (TA’LEEM Al-HIKMAH) related to it well for practice, to clean the hearts from any attachment that might manifest in any way, towards the world (TAZKIYAH); see Surah BAQARAH-129 that narrates the DUA of IBRAHIM-AS and ISMAEL-AS that I, MSD, have quoted before too, “Our Lord! and raise up in them an Apostle from among them who shall recite to them Thy AAYAH (communications) and teach them the Book and the Wisdom, and purify them; surely Thou art the Mighty (AZIZ), the Wise (HAKEEM)”; see also AYAAH-151 of the same Surah and AYAAH-164 of Surah AAL-IMRAN; Al-Hamdu Lillah. The acceptance of this DUA showed when Allah gave rise to the last Prophet Muhammad PBUH to convey His Message for all times to all the world i.e. the Holy Book Quran and the Prophet PBUH explained it well practically over the years by his SUNNAH by the permission of Allah, Al-Hamdu Lillah. This AAYAH implies that Muslims, as the UMMAH of the last Prophet Muhammad PBUH, have to believe firmly in the Holy Book Quran, have to go on reciting it well, have to study it well according to the SUNNAH, have to put it into practice well according to the SUNNAH and have to spread well all its basic teachings according to the SUNNAH all over the world. These five things we all Muslims have to do collectively and even

individually, without fail; Al-Hamdu Lillah. The problem among others that we face at these present times is that the enemy of us Muslims now has such leaders that take themselves to be on the highest level of the development of the mankind; it is impossible certainly to correct such persons who consider themselves already at the correct path especially when they are highly strong physically by the possession of the modern deadly weapons too that seemingly we Muslims are unable to neutralize as the affairs stand now at the present times, so it is better to leave their matter to Allah only asking His mercy at all times everywhere; Al-Hamdu Lillah; we must not initiate wars yet if put upon us then we must fight-on in defense with all available might keeping total attention towards Allah only. Allah would certainly change the world to better as we know by the authentic Ahadith yet we have to wait and see how that change takes place, with our total attention towards Allah only, committing ourselves to the work of presenting Islam with its righteous TABLIGH well to the utmost level of our capability so as to draw the enemy favorably towards Islam only or either so as to draw it towards an honorable pact neutralizing its adverse effect against the Islamic mode of life; Al-Hamdu Lillah. Allah is the True Lord and only His Will reigns totally over all His creation; He only has the Power in Truth and no other has it for certain; Al-Hamdu Lillah.

Please note here that Ahadith tell us that the worldly life must be kept to necessity and care for AKHIRAT must be taken with total commitment of self to it, living with necessities. The last Messenger of Allah PBUH lived only with

necessities by choice though he did provide for his needs and obligations yet never more than necessities. Following the Prophet PBUH, the true practicing Muslims must perform such deeds well that give them the wonderful rise at AKHIRAT as all is well that ends well; comparison to others must be for the status at that place AKHIRAT and not for the worldly status (see Surah AALE-IMRAN-133). The Holy Book Quran also tells us in Surah SHUARAA, the 26th Surah, that Prophet HUD (SALAAM on him) said to his people, “Surely I am a faithful apostle to you; so fear Allah and obey me; And I do not ask you any reward for it; surely my reward is only with the Lord of the worlds; do you build on every height a monument? Useless (without necessity) is it that you do; and do you make for yourselves palaces as if you will live therein for ever; and when you lay hands (on men for crimes) you lay hands as tyrants; so fear Allah and obey me; and have fear of Him Who has given you abundance of what you know. He has given you abundance of cattle and children and gardens and fountains; surely I fear for you the chastisement of a grievous day” (Surah SHUARAA–from the verse 125 onwards). There is a narration in Ahadith that Sayyidina Mu’adh-ibn-Anas-Juhanni (RA) reported that Allah’s Messenger (PBUH) said, “If anyone refrains from wearing good (expensive) garments out of humility towards Allah though he is capable of wearing that then Allah will summon him on the Day of Resurrection at the head of all creatures and give him choice to wear any of the dresses of faith” (TIRMIDHI). Another narration that relates to the same book is that Sayyidina Anas-ibn-Maalik (RA) reported that Allah’s Messenger (PBUH) said, ”Every spending is in the path of Allah, except

construction. There is no good in it.” This attitude is highly important and please note here that taking-up of the points that are mentioned ahead here, must cause the Muslims to take the usage of the worldly things, specially the usage of the modern gadgets, in certain clear limits only without fail. This is totally necessary for the Muslims because these modern gadgets that are being used without any reservation, are asking much of injustice according to the Islamic Values and even shameful behavior according to the Islamic Values in these current times and as such, they have to be brought in such clear limit for their usage that they do not affect Muslims adversely in any way insha-Allah. We are better nearing to the time of the Prophet Muhammad PBUH and note that even up-to the time that passed-away just a century ago, the set-up of the environment had not changed from the Prophet’s golden era so much in such drastic manner as we face now. The high intermingling of Muslims with the non-Muslims by modern means of conveyance and communication has led to much adversity at the environment in these current times that has to be addressed head-on. The environment in which we are living today, has the high impression of secularism in it that is against Islam; note that the secularism asks for man-made regulations at the collective matters of the Man that relate to political, economical and social systems at the environment though it does give some liberty at the individual level to take up the Belief and deeds according to the liking; in this environment it is becoming difficult to remain virtuous by Islam even at the individual level too with time as this environment is getting much related to FITNAH on & on. This assumption that the two parts,

individual and collective, of the Man is liable to diversity is against the teachings of Islam as Islam is not only a religion in the common usage of the term but it is DEEN that asks to put only Allah’s Commands at all times and at all places; this means that it enfolds all the matters of the Life giving instructions for each and everything. The change that has occurred in the environment on the basis of secularism has challenged Islamic Values highly, specially when the persons at the charge of affairs of Muslims, have taken it up without caring and even without understanding its consequences. Even if changes do come into the environment, they must not affect the true practicing Muslims so adversely as to cause them to find the practice of the Islamic Commands extremely difficult; these Commands were all given clearly at the Prophet’s golden era; the adverse change at the current times in the set-up of the environment from that golden era in such drastic manner, is causing just this problem. Note that Allah tells us in the KITAB that, “this day have I perfected for you your DEEN and completed My favor on you and chosen for you Islam as DEEN” (Surah Al-MAEDAH-3); Al-Hamdu Lillah. ULEMA of repute, rising to the status of MUJTAHID, must tackle this problem fast and I, MSD, advise them respectfully to take the statement ahead as the necessary asking of the Islamic Commands to apply fast so as to change the environment for the practicing Muslims to the better. They must guide Muslims with fervor together that “the true practicing Muslims must use all modern gadgets strictly in specified limit” as that attitude only would make the environment come to Islam in clear terms. The good deeds of the true practicing Muslims must reflect the belief

totally that Allah is their True Lord and they have to answer Him at AKHIRAT, the true coming life. This is the basic message of Surah KAHAF that tells clearly that the worldly life does have glamour yet in actual it is of no value as this all has been created for the examination of the Man to see if he really deserves JANNAH or not; I, MSD, have written the commentary of this Surah by the blessing of Allah that is available at my site. Ahadith have clearly told us that Surah KAHAF protects from DAJJAL; Al-Hamdu Lillah. There must be the practice of the five pillars of Islam without any force of law so it would remain at the attitude of EHSAAN in the Islamic Environment; yet they have to be practiced collectively by Muslims as the Holy Book Quran teaches and the Muslim administration must facilitate the practice of all these five to utmost ability and if they do not manifest clearly at the Islamic environment collectively in practice then for the time-being, the Muslim administration must formulate ways that bring about their manifestation clearly at the Islamic environment collectively in practice and ULEMA must remain on-board. These five are DHIKR which means that Muslims must recite-on the KALIMAH-TAYYEBAH with total heart that denotes the glory of Allah always remembering Him in conversation and in all matters of life, five times daily SALAH, payment of ZAKAH (the charity amount) once a year, keeping of SAUM that is fasting in the holy month of RAMADHAN and performance of HAJJ once in the life-time; Al-Hamdu Lillah. These would generally remain in practice insha-Allah on EHSAAN only without applying any force of law. With these, it is necessary to eliminate injustice and shameful behavior from the environment totally as to care

for “NAHI-ANEL-MUNKAR” is highly important too at these current times in addition to “AMR-BIL-MA’RUF” and we Muslims must care for both of these well with high fervor. There was a time a few years back that had just ended when two of the countries were mentioned as two high powers in the political sense; one of which inclined towards injustice while the other inclined towards shameful behavior as a necessary aspect to life; Satan had misguided these both highly. Now strictly observing by the Islamic Viewpoint, it seems that both the wrongs have been taken-up by one of these political powers and the world is still in need of an honorable system of life that is clean of all types of injustice and all shades of shameful behavior. The Holy Book Quran tells us to avoid these both wrongs in many AAYAH mentioning them together as their avoidance would lead to a clean environment free of evil insha-Allah and as such, free of all adverse effect of Satan; Al-Hamdu Lillah. The AAYAH 168, 169 of Surah BAQARAH read, “O people! eat the lawful and good things out of what is in the earth, and do not follow the footsteps of the Satan; surely he is your open enemy. He only enjoins you SOOU (injustice) and FAHSHAA (shameful behavior), and that you may speak against Allah what you do not know (that lead to assigning partners to Him; may Allah save us all from all the evil; Al-Hamdu Lillah)”; see also AAYAH-268 of this same Surah in which the term “AL-FAQR” tells that Satan wants development of attitude using the tendency of fear inside the Man so that the Man might ask to live with all sorts of worldly assets putting his efforts to the worldly life only; that attitude certainly is injustice; this AAYAH also tells clearly by the term “FADHLA” that Allah would provide

sustenance to those who really want to live at necessities with total attention towards Allah only, without any worry; Al-Hamdu Lillah. Moreover, it tells clearly if the Muslim person keeps his attention towards Allah only at such times when FITNAH prevails at the environment, He would grant forgiveness from His Blessing to him on the wrongs of sight and hearing if he saves his good Belief on Islam well and saves himself from big sins; in Surah HUD, an AAYAH reads, “And keep up SALAH in the two sides of the day and in the parts of the night; surely good deeds take away evil deeds; this is a reminder to the mindful” (Surah HUD-114). Another AAYAH that hits injustice and shameful behavior, comes at Surah YOUSUF says, “And certainly she made for him, and he would have made for her, were it not that he had seen the manifest evidence of his Lord; thus that We might turn away from him injustice and shameful behavior, surely he was one of Our sincere servants” (Surah YOUSUF-24). Note that Surah YOUSUF is the Surah that has many terms that have specific meanings by the Islamic Perspective and Allah has used those words, both in the specific meaning and in the literal meaning here assigning them to the Egyptians at different places; Al-Hamdu Lillah. This tells an important aspect among the Expressions of the Holy Book Quran that the meaning for a specific word might differ at places in accordance to whom that specific word is related to; Al-Hamdu Lillah. Note also that YOUSUF (Salaam on him) said MA’AZ-ALLAH (shelter of Allah, I do take) at two places, one when he was asked to come towards the shameful behavior (AAYAH-23) and other when he intended to convey that he would certainly never become of

those who are the unjust people (AAYAH-79); Al-Hamdu Lillah. Still another AAYAH tells us that, “Recite that which has been revealed to you of the Book and keep up SALAH; surely SALAH keeps away from shameful behavior and injustice, and certainly the remembrance of Allah is the greatest, and Allah knows what you do” (Surah ANKABUT-45). Surah NAHL indicates, “Surely Allah commands ADL (justice) and EHSAAN (natural goodness) and the giving to the kindred, and He forbids shameful behavior and injustice and rebellion (to Allah); He admonishes you that you may be mindful” (Surah NAHL-90). Allah commands for three things here and forbids three other things; the message here is that taking-up three good things in practice that comprise of all the righteousness would eliminate three bad things that represent all the Satanic Misguidance. Here, an indication is given that EHSAAN eliminates the shameful behavior and ADL eliminates injustice; the spending towards the needy among the near ones for the pleasure of Allah counters any thought that might lead towards hypocrisy that in turn, might lead towards challenging the Commands of Allah; the message for this part here is that “INFAAQ” (spending from what Allah has provided) keeps away “NIFAAQ” (hypocrisy); Al-Hamdu Lillah. Studying other AAYAH too would clarify the point that include AALE-IMRAN-135, SHURA:37, NAJM:32, ANAAM:151, NISAA:110,111,112, BANI-ISRAEL (whole of its third RUKU), MUHAMMAD (PBUH):14 and others that ask the avoidance of Injustice and the avoidance of all shameful behavior at one place; Al-Hamdu Lillah. Note here that numerous AAYAH of the Holy Book Quran has targeted each of these both individually as its

recitation would tell clearly; Al-Hamdu Lillah; yet I, MSD, have only indicated those that are among the AAYAH that target them together. ULEMA know well that it is highly praiseworthy for Muslim men in general to learn Surah-MA’EDAH good as it teaches the Islamic Law that targets injustice directly while it is highly praiseworthy for Muslim women in general to learn Surah-NOOR good as it commands about HEJAB that targets shameful attitude directly; Al-Hamdu Lillah. Also, note here the following points that ask to eliminate wrongs to let the righteousness manifest clearly and that would serve the previously mentioned statement too insha-Allah. It is necessary to present the looks of an Islamic Environment clearly especially at these modern times where we Muslims in general have not succeeded yet to present such a state clearly in practice that does live strictly upon Islam with all care for humanity, since more than a century or so; much of that is due to the negative effect of the practice of modern gadgets as of now and even the adverse impression of the electronic media, yet the slackness of Muslims in the presentation of Islam in clear terms, also counts for this sad state of affairs. These points would at-least provide some insight into the function of the true Islamic Environment though it needs their practical application to present it totally to all insha-Allah. Once these good points do eliminate all the injustice and all the shameful-behavior from the environment we live-in, it would be easy then to lead the life upon Islamic Values insha-Allah without any adverse pressure from the outside; Al-Hamdu Lillah. If the persons at the charge of affairs do not care for this elimination in the environment as of now, then whatever avoidance possible to these that have to be

eliminated, must be taken-up individually by the practicing Muslims as the elimination of wrongs is the Keyword here in the current scenario to turn the situation to better according to the Islamic Viewpoint insha-Allah; note that Islam is the True Voice of the inside of the Man so with the elimination of wrongs, it would call-out well insha-Allah towards the Truth only; Al-Hamdu Lillah. The wrongs that have to be eliminated on the basis of EHSAAN that are at the current environment denoted by the last seven points here, their working elimination is still possible on an individual level by the total avoidance to things that lead to these wrongs mentioned though certainly, that needs high sacrifice. However, the elimination of the wrongs mentioned at the first seven points does need a collective hit as they relate to elimination by ADL; these wrongs must be avoided as much as possible asking Mercy of Allah in the individual manner too in this current scenario if the persons at the charge do not care to better the situation seeing to them; Allah would help such efforts for sure when done in good-faith with total attention towards Him; Al-Hamdu Lillah. I, MSD, presented these at my paper “the Expressions of Quran” too that is available at my site, as the solution to specific problems that have become FITNAH at the environment we live in and certainly all praise is to Allah for all of His blessings upon all of us Muslims; Al-Hamdu Lillah. Note that (a)-All Muslims must believe totally by heart that Allah is the only True Authority Who would judge at AKHIRAT our Belief and our deeds according to that; Al-Hamdu Lillah. (b)-We must eliminate all forms of injustice for which the Muslim Man must take the initiative by ADAL (that is power of the Law in accordance to the Islamic

Teachings) for which firstly, the clauses of the law of the land that are un-Islamic would be eliminated with time; secondly, beatings to children for the purpose of their education and humiliation to the accused persons for their confession of crimes, specially putting them in a shameful condition that includes keeping them at custody for interrogation, or even at jails for more than eight months in total, would be eliminated; thirdly, post mortem of human bodies for the sake of medical education or in the name of justice would be eliminated; fourthly, much paper work and high documentation needed for official purposes especially in personal identification and the matters of property, would be eliminated (and that would remain near to none here except for a paper or two for necessary identification without much emphasis to getting them insha-Allah) and this implies that the indecent behavior by the officials towards the general public to pressurize them or to ask bribery in any way would be eliminated; fifthly, by good substitutions like QARDH-HASANAH that is the provision of long-term loans without interest, the practice to take usury & interest would be eliminated; sixthly, the extreme poverty (MEHROOMEE), where one does not find even basic necessities to fulfill one's needs and the needs of those who are dependant on one, while at the other side, extreme wealth where one considers that one is able to do whatever right or wrong one wills by the wealth one has, would be eliminated; seventhly, making fun of others or committing betrayal to the trust of others especially in business transactions, would be eliminated; as such, all evil effects of Satan to cause injustice would be eliminated Insha-Allah. So with these seven points, insha-

Allah all injustice would be eliminated from the current society by the attitude of ADL totally; Al-Hamdu Lillah. (c)-Such attitudes that Islam takes as shameful behavior would be eliminated by EHSAAN (asking humbly the Muslim women-folk to fulfill good Islamic Traditions of HIYA & HEJAB without any force of law or any other force except by their good natural inclination towards the Truth) for which firstly, indecent clothing, as Islam recognizes for the women-folk when they come out of their homes only for necessities, would be eliminated by TABLEEGH of the virtue of HIYA & HEJAB that is asked by the teaching of the Holy Book Quran and the Sunnah of the Prophet PBUH; secondly, dancing of women anytime anywhere for any reason whatsoever would be eliminated as the manifestation of beauty in this manner is highly blameworthy by the Islamic Viewpoint indeed; thirdly, service in the public or the private sector by women-folk that are not at or above the age of 30 years, would be eliminated; fourthly, education at high level for girls unable to excel in studies (after their college-education that is termed as the first year and the second year in the Pakistani-setup which is not to be provided in co-education) would be eliminated so further study after this college-education would only be provided to the very few highly intelligent girls due to the necessity at the medical college for related subjects or at the University for Arts & Commerce (but not Science) where they must have the compulsory reservation in attitude IF that further study after the college-education is provided in co-education while all the educational institutes would be asked most calmly with total respect, to refrain from any extra-curricular activity beyond providing the education to

students; fifthly, treatment for women by men in all major afflictions, specially in gynecological afflictions, would be eliminated and all types of surgeries that challenge Islam head-on would be eliminated; sixthly, film industry in total would be eliminated while indecent TV dramas and programs would be eliminated though maximum up-to 14 private TV-channels in total all in separate private controls plus one Government official channel only, might be tolerated (these all would remain so without taking any caller on-line except for letters sent to them by e-mail or manually, with the timing of these channels specified clearly and these would remain so to the specific task assigned to them clearly caring strictly about Islam by their own) that would relate to the Islamic-Guidance, Law & Politics, Education, Medicine, Business, Stories & Drama, Cooking & Home-Management, Law, News etc.; seventhly, vulgarity at still-photos or videos would be eliminated and this also implies due to SADD-e-ZARAI’ that marketing of such mobile cell-phones and such gadgets would be eliminated totally that manifest still-photos and video-clips by their usage except for the specified validated gadgets that the registered TV-channels, Certified-Business-Firms or the Government-institutions have to use. Note that the good Muslim administrators that have the authority at certain place would have to see to the initial set-up there even of these last seven points that challenge all shameful behavior at the environment by their authoritative steps clearly though after the set-up, points of ADL would be pursued-on insha-Allah for their practice yet these of EHSAAN would come to application insha-Allah only by the good natural tendency among the

Muslims, especially among the Muslim women, in general. However, if the administration do not give any value to the advise regarding the points of EHSAAN here, then at least the elimination must be put into practice by individual sacrifice by total avoidance to the things leading to wrongs mentioned in these points here. So with these seven points, insha-Allah all shameful behavior would be eliminated from the current society by the attitude of EHSAAN totally; Al-Hamdu Lillah. May Allah give TAUFIQ to all of us Muslims to live upon Islam and whenever the time of our return comes, to die upon Islam; certainly Islam is the greatest Truth in the whole universe; Al-Hamdu Lillah.

Completed at the Night;12th of JAMADUS-SANI1435 - (12th of April 2014)

Muhammad Saleem Dadasdada111@yahoo.comwww.saleemdada.weebly.com

Al-HAMDU-LILLAH