Sunday, December 15, 2024

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Fiqh Al-Waaqi (understanding reality)

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 Is there such a thing called fiqh al-waaqi‘ (understanding reality) or variation in fatwas according to time and place? Is there any proof for that in the Qur'aan and Sunnah? 

Firstly:
The phrase fiqh al-waaqi‘ refers to two things:
1.
Understanding the circumstances of the person who asked for the fatwa, his situation and the situation of his country. No fatwa concerning issues of jihad should be issued in any country before the mufti has a full picture of the situation in that country. Similarly, he should not issue a fatwa concerning anything that has to do with computers and the Internet, unless he has knowledge of these things and what happens in them.

2.
Understanding what is going on in the world of current events, political analysis, finding out about the enemies’ plots by reading their books and newspapers and following their plans to conquer the country or spread corruption.

With regard to the use of this phrase in the first sense, we say:
There is no doubt that the issuing of a fatwa requires the mufti to have an understanding of the Qur'aan and Sunnah, and scholarly consensus, and he should also understand the realities of people’s situations, time and place, otherwise his fatwa may not meet the people’s needs or may be beyond their ability to implement it because it is far away from the reality of which that mufti is unaware.

Ibn al-Qayyim said: 
The mufti or judge is not able to issue a fatwa or verdict without understanding two things:
(i)         Understanding and having a good grasp of reality: he should have a good understanding of what is happening, on the basis of circumstantial evidence and other signs, so that he has a full understanding of it.
(ii)         Understanding what is required in the light of these circumstances, which means understanding the ruling of Allah that He issued in His book or on the lips of His Messenger concerning this reality, then he should apply the one to the other.
I‘laam al-Muwaqqi‘een, 1/87

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Ultimate Victory will be for the believers but only after succeeding in Trials!!!

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"Or think you that you will enter Paradise without such (trials) as came to those who passed away before you?" [Soorah al-Baqarah (2): 214]
Every believer will have to go through the tests of Eeman in order to attain victory in this world and Paradise in the Hereafter.
Allah will test every believing slave according to his level of faith.

Allah said: "Alif-Laam-Meem. Do people think that they will be left alone because they say: 'We believe,' and will not be tested?" [Soorah al-Ankaboot (29): 1-3] This is an admonition in the form of a question, meaning that Allah will inevitably test His believing servants according to their level of faith, as it is recorded in the authentic Hadeeth. The Messenger of Allah (saws) said: "The people most severely tested are the Prophets, then the righteous, then the next best and the next best. A man will be tested in accordance with the degree of his religious commitment; the stronger his religious commitment, the stronger his test." [Tuhfat al-Ahwadhi (7:78)]

But those who are not believers will not escape such trials and tests for ahead of them lies a severe punishment as Allah says: "Or think those who do evil deeds that they can outstrip (escape) Us? Evil is that which they judge!" [Soorah al-Ankaboot (29): 4]

"Allah will not leave the believers in the state in which you are now, until He distinguished the wicked from the good." [Soorah al-Imran (3): 179] Allah allows a calamity to happen, and during this calamity His friends become known and His enemies exposed, the patient believer recognized and the sinful hypocrite revealed. "Nor will Allah disclose to you the secrets of the Unseen." [Soorah al-Imran (3): 179] meaning you do not have access to Allah's Knowledge of His creation so that you can distinguish between the believer and the hypocrite, except by signs that Allah uncovers.

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The Shi'a similitude their hatred & anger towards......

Al-Allamah Muqbil Bin Hadi Al-Waad’i said: Shaikhul Islam Ibn Taymiyyah mentioned in his tremendous book Minhaajus Sunnah Vol: 1 page 13: And from the idiotic behaviour of the (Raafidah) is that they make a similitude of one they are angry with, for example they choose a female sheep that is reddish in colour because Aa’isha (ra) was named Al-Humayraa’u (very white complexion with slight redness (I)); so, they regard this female sheep to be Aa’isha and punish it by pulling its hair and other than that. And they consider this to be punishment for Aa’isha (ra).

Some of them named two donkeys amongst the millstone donkeys - one Abu Bakr and the other Umar; then they would punish these two donkeys and consider it to be punishment for Abu Bakr (ra) and Umar (ra).

Sometimes they wrote the names of Abu Bakr (ra) and Umar (ra) under their feet, so one of the Muslim rulers began to beat the feet of those who did so, whilst saying, “Rather, I am beating Abu Bakr and Umar”, and he did not stop beating their feet until it became paralyzed.

Amongst them is one who names his dogs Abu Bakr and Umar, and then curses them. And amongst them is the one that when his dog is named Bakeer, he beats the (person) who gave it that name and says, “You name my dog with the name of the inhabitants of the fire!”

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Evil consequences of haste & spreading false news !!!


"When there comes to them some matter touching (public) safety or fear, they make it known (among the people), if only they had referred it to the Messenger or to those charged with authority among them, the proper investigators would have understood it from them (directly). Had it not been for the Grace and Mercy of Allah upon you, you would have followed Shaitaan, save a few of you." [4:83]

Imaam Ibn Katheer said: ”In this Ayah (there) is a rebuke against the one who rushes towards affairs and then gives news about it before verifying it – circulates and spreads it – and perhaps there is no credibility in it."
Therefore, this Ayah obligates verification and clarification when (news) is heard, as Ibn katheer mentioned. It rebukes the one who hastens in transmitting and spreading (news) before verifying its credibility.

Ibn Katheer then mentioned a number of narrations about being careful about hastiness and lack of verifying news – and from them is a narration by Abu Hurairah that the Prophet (saws) said: "It is enough for a man to prove himself a liar when he goes on narrating whatever he hears."

And Mugheerah bin Shubah said, "The Messenger of Allah (saws) forbade Qeel Wal Qaal (i.e. so and so said)." Ibn Katheer said, "It is the one who narrates a great deal of that which the people say without verification, contemplation and clarification."

Then Ibn Katheer stated: The hadith of Umar collected by Bukhari and Muslim should be mentioned here; when Umar was told that the Messenger of Allah (saws) divorced his wives, he left his house and entered the mosque, where he found the people talking about it; so he could not endure waiting and ask for the permission of the Prophet (saws) to speak to him; then Umar asked the Prophet (saws), saying, "Have you divorced your women?" The Prophet (saws) said, ‘No.’ So Umar said, I said ‘Allahu Akbar……’
And in the narration collected by Imaam Muslim, Umar said, I asked, ‘Have you divorced them?’ The Prophet (saws) said, ‘No.’ So I stood by the door of the mosque and shouted with a loud voice, saying, ‘The Messenger of Allah did not divorce his wives.’ Then the Ayah (i.e. Ayah 83, Surah Nisaa) was revealed. Umar said, ‘I investigated this affair properly’ (i.e. whether the Prophet (saws) did divorce his wives).
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