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Do we Need A New Understanding of Islam?
Author : Dr. Mohammad Al-Khalayleh
Date Added : 01-03-2015

Do We Need A New Understanding of Islam

 

 

Islam is Allah`s religion which He has approved to all mankind and through which he has sealed heavenly laws, completed virtuous behavior, and observed man`s nature and honor on this earth. It is so clear that it is understood by people from different backgrounds. Allah Says in the Noble Quran (What means): "Say thou: "This is my way: I do invite unto God,- on evidence clear as the seeing with one’s eyes,- I and whoever follows me. Glory to God! and never will I join gods with God!" [Yousef/108]. In light of the gruesome events befalling our nation at this critical time along with the acts committed in the name of Islam, some calls have emerged and these promote drawing a new map to Islam based on a new understanding of it. Unfortunately, these calls found a fertile soil for their growth due to the previously mentioned acts from which Muslims themselves have suffered before others. Therefore, are we really in need for a new understanding of Islam through drawing a new map to it and rephrasing texts of the Quran and Sunna (Prophetic tradition)?

Such calls contain a great deal of extremism that outweighs that which we are already facing. The repercussions will be so disastrous that the door will be wide open for more extremism and violence through providing different pretexts for extremists and everyone who has a tendency for extremism. These calls will appear as an invitation to waging war against Islam and a golden opportunity to attack it, and may be they are already as such whether their proponents had good intentions or not.

Undoubtedly, we are in a dire need to carry out serious reconsiderations of our understanding to Islam. If we are to define the nature and form of these reconsiderations, then we had better say that today we are in need for a sound understanding of our religion and its texts, and that we should start filtering it from impurities and ideas which are taken for granted by some scholars and  laymen. As a result, these have infected the Islamic mind with illnesses, which influenced our methodology of thinking and understanding. Thus, these acts and repercussions were a definite result for such illnesses.

Sound understanding of Islam must be built on sound bases: First, adherence to the Quran. Second, sound adherence to the Prophet`s Sunna. Third, sound understanding of their texts in light of the overall rules and intentions of Islamic Sharia in alienation from any deviations, distortions, or subjective interpretation of texts to support a certain thought or belief, or justify a certain act. This understanding must also be based on the rules and principles of Ijtihad (independent reasoning), and the suitable Ijtihad of earlier scholars, which are connected with the principles of Islamic Sharia and takes the wants and needs of this era into consideration, and agree with the overall  intentions and rules of Islamic Sharia.  By Filtering lots of opinions, acts of Ijtihad, and books of Jurisprudence in general, I don`t mean deleting them altogether, rather, intend to make their reader realize that they targeted a certain time or circumstance that doesn`t fit our era; or they came within the framework of an act of Ijtihad that had deviated from the methodology of sound understanding to the nature of our religion and its relation to life. This filtering doesn`t harm us or undermine our Islamic jurisprudence or belittle its status, God forbids, because Al-Imam Ahmad (May Allah have mercy on him) said that opinions of scholars are either adopted or dismissed except those of our Prophet (PBUH). Therefore, it isn`t permissible to shed blood, violate peoples` honor and usurp their properties based on some scholars` views which contradict the texts of the Quran and the Sunna as well as the overall intentions of Islamic Sharia. Such views are even regarded more sacred than the Quran and the Sunna through being adopted as a basis for reasoning instead of the Quranic texts, the sound Sunna and the methodology of Ijtihad which is based on sound understanding.

We must realize that since the death of our Prophet (PBUH) until today, our history has witnessed many scholars, Mujtahideen (Those who resort to independent reasoning), and thinkers, who did their best within the frame of their daily life, community and time. Thus, it isn`t acceptable for any group or sect during any stage of our history to impose the view of a particular scholar on others as the true religion which can`t be subjected to Ijtihad or interpretation and which should be imposed with the sword as a mercy to all creatures!! Nowadays, our Islamic world is actually witnessing a living example of this.

Yes, today we are in need for a sound understanding of Islam, but not a new one because sound understanding paves the road for our nation to overcome its illnesses and achieve its renaissance. And Allah Knows Best.

 

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Summarized Fatawaa

How to perform the witr prayer in terms of connection (wasl) and separation (fasl)?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Witr prayer has several forms that vary in terms of virtue:
 
The First Form: Separating every two units (rak‘ah) with a Tashahhud and a Taslim (salutation). This is superior to connecting the units, even if it is only a single rak‘ah. This is based on the Hadith of ‘Aishah (may Allah be pleased with her): 'The Messenger of Allah ﷺ used to pray eleven units between the end of the ‘Isha prayer and dawn, performing the Taslim after every two units and performing Witr with a single unit.' (Related by al-Bukhari & Muslim).
 
The Second Form: Connecting the units with only one final Tashahhud at the very end.
 
The Third Form: Connecting with two Tashahhuds—meaning reciting the Tashahhud before the final unit without performing the Taslim, then standing to complete the final unit. This form is considered the lowest in rank so that the Witr prayer remains distinct from the obligatory Maghrib prayer, as stated in the Hadith: 'Do not make the Witr resemble the Maghrib prayer.' (Narrated by Al-Daraqutni, who stated its narrators are trustworthy).
 
It is stated in Bushra al-Karim Sharh al-Muqaddimah al-Hadramiyyah: 'It is permissible to connect [the Witr] with one Tashahhud in the final unit—which is better—or with two Tashahhuds in the last two units, as both methods are established in Sahih Muslim from the actions of the Prophet ﷺ. In the connected method, more than two Tashahhuds are prohibited. Furthermore, separating (al-Fasl) is better than connecting (al-Wasl) if the number of units is the same, because the Hadiths supporting it are more numerous and it involves more devotional actions.' And Allah the Exalted knows best."

What is the ruling on the use of an inhaler by a *muḥrim* (a person in the state of *iḥrām*)? [An inhaler is a medicinal device used for inhalation, containing various herbal ingredients.]؟

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible for the muḥrim (a person in the state of iḥrām) to use incense (bakhūr), sprays, and inhalers that contain aromatic substances for the purpose of treatment, because the intention is medical treatment, not the use of perfume (taṭayyub). No expiation (fidyah) is required of him for doing so.
It is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.2/p.455): “That which is intended for eating or for medical treatment, even if it has a pleasant scent, such as apples, spikenard (sunbul), and the various fragrant spices such as mastic (muṣṭakā), is not forbidden, and no fidyah is due for it, because what is intended for eating or treatment carries no fidyah.”. And Allah Almighty knows best.

What is required of one who doubts the number of rakʿāt during prayer?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a person doubts the number of rakʿāt he has prayed, he should build upon the lesser number, as that is what he is certain of. He should then perform the prostration of forgetfulness (sujūd al-sahw) before the final salām at the end of the prayer. ʿAṭāʾ ibn Yasār narrated that the Messenger of Allah ﷺ said: "When any one of you is in doubt during his prayer and does not know whether he has prayed three rakʿāt or four, let him pray one more rakʿah and then perform two prostrations while seated before the salām. If the rakʿah he prayed was a fifth, these two prostrations will make it even; and if it was the fourth, then the two prostrations serve as a humiliation for the devil." (Reported by Abū Dāwūd.)
It is stated in al-Muqaddimah al-Ḥaḍramiyyah — one of the foundational texts of the Shāfiʿī school: "If one doubts whether he has prayed three rakʿāt or four, he is obliged to build upon the lesser number."
However, if such doubt recurs repeatedly and reaches the level of obsessive whispering (waswasah), he should not build upon the lesser number in that case — rather, he should build upon the greater number. And Allah the Almighty knows best.

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

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