Understanding Usul Al-Fiqh by Abu Tariq Hilal - Abu Ismael al-Beirawi

Consists of the sayings of the Prophet (saw) on any subject, for example: “He who cheats is not one of us.” (Ahmad)

Consists of the approval of the Prophet (saw). If something was done in front of him (saw) and he (saw) didn‟t disapprove it, then it is considered an approval. As an example, the Prophet (saw) approved the way women prayed in the mosque; separate from the men, but in the same room.

Consists of the Prophet (saw)‟s deeds and practices, such as the way he (saw) used to pray or perform Hajj.

The following paragraphs address the actions of the Prophet (saw) and their legislative impact. The actions of the Messenger (saw) can be divided into three parts. The first section consists of those actions, which were natural to him as a human being, secondly, actions, which were specific to him as a Prophet (saw), and thirdly, actions, which carry legislative impact.

These actions include the way he stood, sat, ate or drank. For example it is reported that when he (saw) walked and wanted to turn his head to another direction, he (saw) would turn his entire body. This type of action has no legislative impact, except in certain cases when he (saw) recommended doing a particular action. Then such an action would be considered Mandub.

For example, there is a Hadith telling a Sahabi to eat with his right hand, which shifts the action, initially falling under a Mubah (permissible) category, to a Mandub (recommended) category. The Sunnah also excludes specialised and technical knowledge, such as medicine and agriculture because it is not held to be part of the function of Prophethood.

Allah (swt) has sent the Messenger (saw) with rules that are specifically related to him (saw) only. Some examples of these rules are:

• He (saw) was ordered to pray the Tahajjud and the Ishraq Salah as Fard on him (saw).

• He (saw) was allowed to continue his (saw) fasting into the night.

• His (saw) marriage contracts did not have to include a dowry (Mahr).

• His (saw) wives could not remarry.

• He (saw) was allowed to marry more than four wives at a time.

Whoever performs any of these actions is sinning because these actions are exclusively for the Prophet (saw).

The kinds of actions, which carry legislative consequences, are of three types:

If this explanation was for a rule or text that was obligatory, then the explanation also becomes obligatory. If the explanation was for a rule that was Mandub, then the explanation also becomes Mandub. Generally speaking, the explanation takes the same status as the rule. Some examples will clarify this principle.

The Qur‟an obligates the establishment of the Salah. Any explanation of performing the Salah by the Messenger (saw) is thus also an obligation. For example, he (saw) recited Surah Fatihah while standing and always recited the Surah during each Rakah. Except for people who are excused due to physical disabilities, reciting Surah Fatihah must be done while standing in Fard prayers.

Allah (swt) ordered the Messenger (saw) to rule the people with what was revealed to him (saw). Thus, the way the Messenger (saw) ruled the people (by Islam) is an obligation. Some argue that the Messenger (saw) did not leave details about the ruling, rather he (saw) left general outlines, and that it is left to our intellect to innovate and initiate new forms of ruling. Many Muslims believe this point and are using democracy and parliamentary processes to rule the Muslims.

However, since any order that is addressed to the Messenger (saw) is also addressed to all Muslims, the order to rule by the revelation is an order to all Muslims. The Qur‟an warns us that those who do not rule by Islam are Zalim, Fasiq or Kafirs.7

When we study the Seerah, we find an abundance of details related to ruling by Islam. For example, the Messenger‟s (saw) saying that:

“The children of Israel were sent Prophets. Every time a Prophet died or was killed, another Prophet would succeed him. However, there will be no Prophet after me and there will be Khulafa and they will be many. So the Sahabah asked, „What should we do?‟ He said, fulfil the Bay‟ah to the first, the first and give them their rights for Allah (swt) will hold them accountable for their responsibilities.” (Muslim)

In addition, the Prophet (saw) said that there should be only one Khaleefah:

“If the Ba‟yah is given to two Khaleefahs, then kill the latter one.” (Muslim)

He (saw) also told us that whoever backs away from his Bay‟ah, Allah (swt) will be angry with him. The Seerah also defines the pillars of the State‟s ruling system - it being made up of the Head of State, Delegates and Executive Representatives of the Head of State, Governors, Provincial Governors, Amir of Jihad, Judges of the Judicial Branch, the Majlis of the Ummah (Consultation Assembly) and the Administrative Council.

Since Islam detailed these aspects as an explanation of the order to rule, this explanation takes the same status as the order and is thereby mandatory for us to implement. This explanation should refute any claim by any person that utilizing a democratic, parliamentary, republican, monarchical, or dictatorial method of ruling is within the boundaries of Islam.

Allah (swt) ordered the Messenger (saw) to carry the Islamic Da‟wah. Allah (swt) says:

“Say (O Muhammad): this is my way (sabeel), I and whoever follows me call and invite to Allah...” (TMQ Yusuf: 108)

And He (swt) also says:

“Invite to the way of your Lord with Hikmah, and a magnetising speech (maw‟ithatul-hasanah), and debate with them with what is better (ahsan).” (TMQ An-Nahl: 125)

These Ayahs obligate us to carry the Islamic Da‟wah the way the Messenger (saw) did. The Messenger of Allah (saw) performed the Da‟wah as a part of a group or party. He (saw) did not compromise any rule or letter in Islam, he (saw) never adopted the principle of “If you can‟t beat them, join them.” The Messenger (saw) and his Companions (ra) confronted the Makkahn society, attacking their „Aqeedah (beliefs), laws, rulers and concepts, always proposing Islam as the only alternative.

This group never engaged in any material struggle such as in terrorist actions, military actions, or sports training. Their struggle involved a political struggle with the leaders of the Makkahn society like Abu Jahl, Abu Lahab, and Walid bin al-Mughirah and the ideological struggle of addressing the practices of cheating in the scales, burying the daughters alive, worshipping idols, etc. Consequently, carrying the Islamic Da‟wah today cannot be done but with the same prototype in mind.

Unfortunately, many movements are trying to patch and mend the illegal Kufr regimes that are ruling over them, and others have joined the cabinets of these regimes, or have participated in the system. These actions are invalid since the actions of the Messenger (saw) in explaining the Da‟wah are the only actions that are binding on the Muslims, based on the principle that if the rule is an obligation, then the explanation of the rule is also an obligation.

Examples of such actions are fasting 6 days during the month of Shawwal, making special Dhikr on occasions, and praying Sunnah Salah.

Following the Uswah (example) of the Messenger (saw) means to perform the action in the same way he (saw) performed it. So, if he (saw) did an action as Mandub then we must follow him (saw) in doing that action as Mandub. If the action is done as a Fard, then the emulation of that action has to be done as a Fard.

We cannot switch and do any action that he (saw) did as a Fard and make it into a Sunnah, and conversely, we cannot change a Sunnah to a Fard. There are, however, some who feel that actions falling under this category are Fard (mandatory). This opinion is arrived at without a deep and comprehensive study of all the evidences and Daleel.

Since the actions are permissible, they result in neither attaining the pleasure nor the displeasure of Allah (swt).

An example of such an action is the time duration of ten years for the treaty of Hudaybiah. The ten years is not a fixed or set limit for treaties to be signed by the Khaleefah. Consequently, it is Mubah for the Khaleefah to sign a treaty for five or fifteen years. Another example is digging the ditch in the Battle of the Ditch. This tactic was used to defend Madinah. So today, digging the ditch does not have to be done.