Islohotchilar - Fiqhning rivojlanishi | Quran Course

Islohotchilar - Fiqhning rivojlanishi | Quran Course

Muhammad ‘Abduh (1849–1905 M) was among the most famous students of Afg‘oniy. Under the influence of Afg‘oniy and Ibn Taymiyya, Taqlid and its supporters were systematically attacked. But, due to Muhammad ‘Abduh’s inclination toward extreme modernism, he eventually deviated in some of his interpretations and legal rulings. For example, in his tafsir of the Qur’on, he denied that the miracles of the Prophets were directly performed by God through the forces of nature. To him, the flocks of birds which dropped clay pebbles on the army of Abraha and his elephant during their attack on the Ka‘ba were simply airborne microbes which spread disease among them. Likewise, he issued a fatwo allowing Muslims to take part in business transactions involving interest. He based this ruling on the fiqh principle that dire necessity makes the forbidden permissible. The fallacy of his ruling lay in the fact that fiqh specifically defines dire necessity as involving matters of life and death or the loss of a limb, and this was simply not the case where business transactions are concerned. Muhammad ‘Abduh’s main student, Muhammad Rashid Rida (d. 1935), carried on his mentor’s attack on Taqlid, but rejected most of his teacher’s excesses. However, other students of Muhammad ‘Abduh became the nucleus of the extreme modernist movement and deviated in many areas even more than their teacher. For example, his student Qosim Amin (died 1908) was the first to make a vehement attack on polygamy, the simplicity of Islamic divorce, and the use of the veil.

Muhammad ‘Abduh (1849-1905 CE) was among Afghaanee’s most famous students. Under the influence of Afghaanee and Ibn Muhammad ‘Abduh, and Taqleed and its supporters were systematically attacked. But, due to Muhammad ‘Abduh’s leaning toward extreme modernism, he eventually deviated in some of his interpretations and legal rulings. For example, in his Tafseer of the Qur’aan he Prophets of directly performed by God through the forces of nature. To him the flocks of birds which dropped clay pebbles on the army of Abrahah and his elephant during their attack on the Ka’bah were simply airborne microbes which spread disease among them. Likewise, he made a Fatwaa allowing Muslims to be involved in business transactions involving interest. He based this ruling on the Fiqh principle that dire necessity makes the forbidden allowable. The fallacy of his ruling lay in the fact that Fiqh specifically defines dire necessity as involving matters of life and death or loss of limb, and this was simply not the case where business transactions are concerned. Muhammad ‘Abduh’s main student, Muhammad Rashed Ridaa (d. 1935), carried on his mentor’s attack on Taqleed, but rejected most of his teacher’s excesses. However, other students of Muhammad ‘Abduh became the nucleus of the extreme modernist movement and deviated in many areas even more than their teacher. For example, his student Qaasim Ameen (died 1908) was the first to make a vehement attack on polygamy, the simplicity of Islamic divorce and the use of the veil.

Lekin haqiqat shundaki, bu ikki potentsial jonli va yangilovchi mavzu islomiy ta'limning mazhabchilik tizimi tufayli zararsizlantirilgan. Har bir universitet o'zi joylashgan mamlakatning rasmiy mazhabiga amal qiladi va shu sababli Islom huquqi o'quv dasturining barcha asosiy fiqh kurslari (Sharee'ah yoki Usool al-Deen deb ataladi) davlat mazhabi asosida o'qitiladi197. Buni mahalliy hukumatning davlatda qo'llaniladigan fuqarolik huquqi tizimidagi mazhabga muvofiq keladigan sudyalarga bo'lgan ehtiyojini qondirish uchun qilinadi. Masalan, butun musulmon dunyosida eng hurmatli muassasa hisoblangan Misrdagi al-Azhar universiteti barcha asosiy mazhablar o'qitiladigan yagona universitetdir. Biroq universitetga kirgan talabalardan o'z mazhablarini ko'rsatish talab qilinadi va ular bir xil sinfga joylashtiriladi. Ta'limlarining boshidan to bitirguncha barcha ustozlari o'z mazhabidan bo'ladi. Shunga ko'ra, boshqa mazhablarning qarashlari faqat g'aroyib narsalar sifatida o'rganiladi, hadis kitoblarining buyuk asarlari esa haqiqatning ochilishi uchun emas, balki baraka uchun ko'proq o'qiladi. Bu darslar davomida ziddiyatli fikr uchramasa, mazhabchi muassasadagi ustoz uni sathiy tekshiradi va o'z mazhabining qarashini qo'llab-quvvatlash uchun ishlab chiqqan kuchli dalillar asosida rad etadi. Shunday qilib, boshqa qarashlar juda kuchli dalillar bilan tayanilgan bo'lishi mumkin bo'lsa-da, mazhabchi ustozning yondashuvi ularga munosib e'tiborni bermaydi. Xuddi shunday, hadis kitoblarini o'qish jarayonida mazhabning pozitsiyasiga zid ko'rinadigan kuchli hadis uchrasa, ustoz uni o'z mazhabini qo'llab-quvvatlaydigan tarzda qayta talqin qiladi yoki mohirlik bilan chetga surib qo'yadi. Agar ikkalasi ham imkonsiz bo'lsa, mazhab pozitsiyasini qo'llab-quvvatlash uchun zaif hadislar ketma-ket keltiriladi, ularning zaif ekanligi haqida esa eng kichik eslatma ham berilmaydi. Shu tariqa bilan, madhhabning fikrini qo'llab-quvvatlovchi hadislar ko'proq ekanligi ko'rinadi va talabalar o'z madhhablarining to'g'riligiga ishonch hosil qiladilar.

But, the reality is that these two potentially dynamic and regenerative subjects have been defused by the sectarian system of Islamic education. Each university adheres to the official Madh-hab of the country in which it is situated and thus all the core Fiqh courses of the Islamic law Syllabus (called Sharee’ah or Usool al-Deen) are taught according to the state Madh-hab197. This is done to fulfill the local government’s need for judges who conform to the Madh-hab used in the civil law system of the state. For example, the University of al-Azhar in Egypt, the most venerated institution in the Muslim world, is the only university in which all of the major Madh-habs are taught. However, students entering the university are required to indicate their Madh-hab are placed in the same class. From the beginning of their studies until they graduate, all of their professors will be from their own Madh-hab. Accordingly, the positions of the other Madh-habs are studied merely as oddities, and the great books of Hadeeth are read more for the blessing than for the revelation of truth. Whenever a conflicting opinion is encountered in the course of these studies, the teacher in the sectarian institution examines it superficially and rejects it in the light of the compelling arguments, which he develops to support the position of his particular Madhhab. Thus, although other positions may be supported by very strong proofs, the sectarian teacher’s treatment denies them the consideration they deserve. Similarly, if a strong Hadeeth which appears contrary to the position taken by the Madh-hab is met while reading the books of Hadeeth, the teacher either re-interprets it to support his Madh-hab or he deftly explains it away. And if neither of the two is possible, a series of weak Hadeeths are quoted in support of the Madh-hab’s position without the slightest mention that they are weak. In that way, it appears that there is a greater number of Hadeeths supporting the Madh-hab’s position, and the students are convinced of the correctness of their Madh-hab.

1. Ijtihod barcha shakllarida chetga surib qo'yildi va to'rt mazhabdan birining ko'r-ko'rona taqlid qilinishi barcha musulmonlar uchun majburiy qilib qo'yildi.

1. Ijtihaad in all its forms was put aside, and the blind following (Taqleed) of one of the four Madh-habs was made compulsory on all Muslims.

2. To'rt mazhab o'rtasidagi tafovutlar butunlay yarashmas bo'lib qoldi va musulmon ummati amalda to'rt diniy firqaga bo'linib ketdi.

2. The four Madh-habs became totally incompatible and the Muslim Ummah was virtually split into four religeous sects.

3. Ilmiy faoliyat avvalgi asarlarga sharhlar yozish va muallifning o‘ziga xos madhhabini targ‘ib qilish bilan cheklanib qoldi, xuddi mustahkamlanish davrida bo‘lgani kabi.

3. Scholarly activity was restricted to writing commentaries on previous works and promoting the position of the author’s particular Madh-hab as in the period of consolidation.

4. Ba'zi islohotchilarning fiqhning asl va harakatchan tabiatini tiklashga qaratilgan maqtovga sazovor urinishlari bo'lgan, ammo ularning sa'y-harakatlari juda chuqur ildiz otgan mazhab taassubini yo'q qilish vazifasiga yetarli bo'lmadi.

4. There were commendable attepts by certain reformers to revive the original and dynamic nature of Fiqh, but their efforts proved unequal to the task of eradicating Madh-hab fanaticism which had became so deeply ingrained.

5. Islomiy huquqni kodifikatsiya qilish borasida urinishlar qilingan, ammo ularning natijalari mazhabchilik qarashlari ta’siriga uchragan, Yevropa mustamlakachiligi davrida esa ular Yevropa huquqiy kodekslari bilan almashtirilgan.

5. Attempts at the codification of Islamic law were made, but the results suffered from sectarian views, and with the advent of European colonialism they were supplanted by European law codes.

6. So'nggi yillarda islohotchilik harakatlari hamda zamonaviy o'quv muassasalarida qiyosiy fiqhning keng o'qitilishi natijasida mazhabparastlik ruhi bir oz susaydi.

6. There has been some lessening of Madh-hab fanaticism in recent years as a result of the reformist movements and the wide-spread teaching of comparative Fiqh in modern institutions of learning.

7. Fiqh ning turg'unlik va inqirozga yuz tutgan holati hamda mazhab tarafkashligining mavjudligi bugungi kungacha davom etib kelmoqda.

7. The state of stagnation and decline of Fiqh and the existence of Madh-hab factionalism have continued until the present day.