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The Da’wah To Islam3 min readViewed 2 times

6.4 The Rules Of Understanding The Shar’a


After the group has established the sources from which it will obtain the Shar’a, it must move onto understanding how it should use and adopt from them. In other words, it must move towards understanding the principles (qawaa’id) by whose study one can make deduction of ahkaam from their sources. There is no doubt that when the scholar puts his mind to adopting a Shar’ee rule, he would have in his mind the principles of Usul on which he bases the hukm he adopts. There is no knowledge that does not have an Usul, whether that has been written or not.

The Shar’ee texts contain the ‘aamm (general) and the khaas (specific); the mujmal (unelaborated) and the mufassal (elaborated); mutlaq (absolute)

and the muqayyad (restricted); awamir (orders) and nawahi (prohibitions); the naasikh (abrogator) and the mansukh (abrogated); mafhum al-muwaafaqah (conformable meaning) and mafhum al-mukhaalafah (opposite meaning); the mantuq (wording), mafhum (implicit meaning) and ma’qul (rationale)

of the text; the khabar al-wahid (solitary report) and when it can be used as proof and when it cannot be used as proof and many things besides these. The group must set out its juristic principle, adopt them, and present them to others.

Most of these principles of Usul that have been mentioned are disputed over. It is well known that each principle has many branches emanating from it. Since they are disputed, they must be taken away from being of disputed status. This is done by the group adopting what it views as correct. After the adoption of the principles of Usul, the branches are understood according to these principles.

After gaining knowledge of the Usul and its principles, the group will have acquired the ability to understand the Shar’a from its sources. After that it has no option but to follow the fixed and known method of Ijtihaad. This is what must distinguish the group from others. This is what the group must take to the people by culturing its shabab with it.

This is the first thing that the group must be established upon.

Indeed, the work of the Mujtahid is like the work of the doctor. The first thing he does is to listen to the patient and describe his condition.

Then he diagnoses the fundamental illness, which the patient complains of, after distancing himself from being distracted by the symptoms of the illness. Then he refers to the knowledge that he gained in his days of study. He may then review the books that help him to prescribe the treatment. After that he gives the solution, in this case the medicine. In other words, he goes to the texts in describing the solution.

If the group that wants change and undertakes the responsibility of change is an Islamic group, its work for change must be Islamic. The change should be based on the Shar’ee evidence, and not on personal opinion, whims, rationally perceived interest, the reality or the circumstances. Rather, it must be the Shar’a that dictates the hukm Shar’ee to the group. The love of Islam or the concern for the circumstances of the Muslims, do not in themselves dictate any rules to the group. The interests of the Muslims are defined by the Shar’a, because the Shar’a defined the interests of the Muslims. Here, it becomes necessary to go into some details that clarify Islam’s viewpoint towards maslahah (the benefit) and when benefit is recognised by the Shar’a.

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Chapters (75)
  1. 1The Opening Ayah
  2. 2Introduction
  3. 31 The Importance Of Conveying The Islamic Da’wah
  4. 41.1 Enjoining The Ma’roof (good) And Forbidding The Munkar (evil) Is Part Of Conveying The Da’wah
  5. 51.2 Tableegh Is Part Of Conveying The Da’wah
  6. 61.3 Admonition Of Each Other (tawaasi) To The Truth Is Part Of Conveying The Da’wah
  7. 72. The Importance Of Imaan In Conveying The Da’wah And The Priorities Regarding The Obligations
  8. 82.1 The First Aspect: Abiding By The Ma’roof And Abstaining From The Munkar
  9. 92.2 Fard ‘ayni (the Personal Obligation) And Fard Kifaa’i (the Obligation Of Sufficiency)
  10. 102.3 Fard Kifaa’i (the Obligation Of Sufficiency Or Collective Obligation)
  11. 112.4 Priorities In The Obligations
  12. 122.5 The Most Important Obligations Of Sufficiency
  13. 132.6 Islam Cannot Be Established Without The Establishment Of The Islamic State
  14. 142.7 Knowledge Of The Ma’roof And Knowledge Of The Munkar
  15. 152.8 It Is Fard ‘ayn On Every Muslim To Know The Rules That Pertain To His Actions
  16. 162.9 The Second Aspect: Enjoining The Ma’roof And Forbidding The Munkar
  17. 172.10 Those Entrusted With The Establishment Of The Deen
  18. 182.11 Importance Of Knowledge
  19. 192.12 Accounting The Rulers
  20. 203. The Obligation Of The Presence Of A Group That Carries The Da’wah
  21. 213.1 Characteristics Of The Required Group
  22. 223.2 The Obligation Of The Existence Of A Political Party Or Parties On The Basis Of Islam
  23. 233.3 How To Build The Political Party Or Group
  24. 243.4 In Islam There Is A Fikrah (thought) And Tareeqah (method)
  25. 253.5 Those Who Neglected At-tariqah (the Method)
  26. 263.6 The Intellectual Invasion Helped To Obliterate The Rules Of The Method
  27. 273.7 The Method Today Is The Same As The Method Of The Rasool R
  28. 284. How To Establish Dar Al-islam (the Domain Of Islam)
  29. 294.1 The Stage Of Culturing In His 􀀵 Time
  30. 304.2 The Stage Of Interaction In His 􀀵 Time
  31. 314.3 The Rasool Offers Islam To The Tribes
  32. 324.4 The Response Of The People Of Madinah
  33. 334.5 The Pledge (bai’ah) Of Al-’aqabah
  34. 344.6 The Hijrah (migration) To Madinah
  35. 354.7 Seeking The Nusrah (material Support)
  36. 364.8 The Method And Style
  37. 374.9 Confusing The Method With Styles By Some Muslims Today
  38. 384.10 Are The Shar’ee Rules As An Experiment?
  39. 395. Methods Contrary To The Shar’ee Method
  40. 405.1 Some Muslims Say The Obligation Of Working To Establish The Khilafah Must Be Restricted To Calling The Rulers And Their Entourage
  41. 415.2 Some Muslims Say That Ibaadah (ritual Worship) Is What Is Required And Not The Work To Establish The Islamic State
  42. 425.3 Some Others Say The Sirah Of The Messenger R Has Not Been Verified
  43. 435.4 There Are Some Muslims Who Think Bearing Arms Against The Rulers Today Is A Method For Change That We Are Obliged To Follow
  44. 446. The Method Of Islam In Understanding The Ahkaam (rules)
  45. 456.1 Understanding The Manaat (reality)
  46. 466.2 Understanding The Shar’a
  47. 476.3 Sources Of The Shar’a
  48. 486.4 The Rules Of Understanding The Shar’a
  49. 496.5 Al-maslahah (the Interest)
  50. 506.6 Qiyas ‘aqli (the Rational Analogy)
  51. 517. The Culture Of The Group
  52. 527.1 The Importance Of The ‘aqeedah
  53. 538. The Obligation Of Adopting Thoughts That Are Necessary For The Work Of The Group
  54. 549. Is It Allowed To Have More Than One Movement Calling To Islam?
  55. 559.1 The Permissibility For Plurality Of Groups
  56. 569.2 Should The Movement Be Regional Or Global?
  57. 579.3 Should The Work Be Partial Or Comprehensive And Balanced?
  58. 5810. Gradualism (tadarruj)
  59. 5911. Adhering To The Ideology As A Thought And Method
  60. 6011.1 Alertness To Deviation Or Compromise
  61. 6111.2 Democracy
  62. 6211.3 What Is Taghut?
  63. 6311.4 The Freedoms In The West
  64. 6411.5 Science And Technology Are Not A Result Of The Western Civilisation
  65. 6511.6 Democracy Is Not Shura
  66. 6612. Participation In A Kufr System
  67. 6712.1 Discussion Of The Mentioned Rational Justifications
  68. 6813. Sayyiduna Yusuf (as) and ruling within a kufr system
  69. 6914. Permitting the Haraam under the pretext of Maslahah (the interest)
  70. 7015. The halaal is not reached through the haraam (The end does not justify the means)
  71. 7115.1 The Distinction Between Similar Things
  72. 7215.2 Combining Together Of Different Things
  73. 7316. The Patchwork Reform And Radical Reform
  74. 7417. Did The Rasool Accept The Najashi, Who Had Embraced Islam, To Rule By The Law Of Kufr?
  75. 7518. Moderation and Extremism