The Da’wah To Islam by Sheikh Ahmad Mahmoud

Since every rule must come from a correct source, the source must be adopted after study and becoming definitely convinced of it. It is well known that the principal sources of Islamic legislation are the Book and the Sunnah, over which there is no disagreement. As for the resultant sources – Ijmaa’ (consensus), Qiyas (analogy), Istihsan (juristic preference), Mazhab as-Sahabi (following the opinion of the Sahabah), and Shar’a man Qablena (the Shar’a of those before us) - there is disagreement over all of these. Examining the group’s view of what constitutes an evidence gives an insight into its approach in adopting from the Shar’a.

It is well known that the adoption of the resultant sources depends on definite evidences. Hence, something that decisively proves that they can be depended upon as sources of Shar’ee evidences, must come from the Qur’an and Sunnah. In other words, the two main sources have indicated in a decisive manner the adoption of a particular source. It is not enough to take the Shar’ee sources by Taqleed (imitation). They are from amongst the fundamental things (kulliyaat), and therefore they must be definite, and we know that Taqleed does not lead to certainty.

When the sources of legislation have been determined, then we know the springs from which the group can drink and from which ones it cannot. Defining the sources is of utmost importance, because a single mistake in any one of the sources will lead to mistakes in all the rules coming from that source. Defining the Shar’ee sources should precede the deduction of the Shar’ee rules that are related to the actions of the group. It is unacceptable for a group to carry the message of Islam without first adopting the Shar’ee sources.

It is also not acceptable that all of the resultant sources should be adopted, thinking that this will bring a lot of good. This would rather make the group take the good and the bad, and would lead the group to subjugate the Shar’a to the reality, the mind, desires, emotions or interests.

In this situation, the Daleel will be used only to serve these aims whilst it is the opposite that is demanded by the Shar’a.

In principle, the group should set down its sources before giving its opinion on changing the reality. It should not be affected by the reality regarding its sources; rather it should only be affected by the texts and their definite indications, in relation to establishing and disproving the sources. Moreover, the sources that the group establishes for itself will be its Usul without obliging others to abide by them. Rather the group will discuss its opinion with others to convince them through proof and persuasion; especially what it regards as being definite. If the group considered its sources to be binding on others it would create difficulty for itself and for them.