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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

Is it permissible for a person to give the Zakah (obligatory charity) to his daughter-in-law?

Yes, it is permissible for a person to give the Zakah to his daughter-in-law if she was poor, and none provided for particularly by whom are obliged to provide for her. And Allah Knows Best.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

What is the ruling on praying alone (munfaridan) in a row, and what should I do if I enter the mosque together with another person, and there is only a single gap in the first row with no second row present — should I fill that gap in the first row, or should I stand together with him in a new second row?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If a person enters [the congregation] and finds no space available in the row, it is recommended for him — after making his opening takbīr for the prayer — to gently pull someone from the row in front of him to pray alongside him, provided he senses that this person would be agreeable to it. If that person does not agree, then he prays alone, and there is no dislike attached to his doing so in that case.
If he ends up praying alone [behind the row], it is sunnah for him to stand directly behind the imam. Then, if someone else arrives, that person stands to his right; and whoever comes after them stands to his left — and so on — such that the imam remains centered in the middle of the row. This is done so that everyone attains the reward of congregational prayer.
As for the case where two people enter the prayer together, and there is a gap in the row wide enough for only one person, then the two of them should pray together in a new row [of their own], and whoever arrives after them should fill that original gap. This is because if only one of the two fills the gap, the other would end up praying alone [which is to be avoided when it can easily be prevented].
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said in Mughnī al-Muḥtāj (Vol.1/P.494): "If he does not find space, then it is recommended for him, while still standing, to gently pull a single person from the row toward himself after making his opening takbīr — out of caution, so as to avoid the position held by some scholars that a person's prayer standing alone behind the row is not valid.
Az-Zarkashī and others said: this should only be done if it seems he would agree to it; otherwise, he should not pull anyone — indeed, doing so becomes impermissible, out of fear of causing discord (fitnah). It is recommended for the person being pulled to cooperate and agree, so that he may attain the reward of assisting in righteousness and piety (al-birr wat-taqwā). However, he should not pull one of two people [praying together] from the row, since this would cause one of them to end up praying alone. This is why the 'pulling' described here takes place only after the opening takbīr [i.e., once the person doing the pulling has already validly begun his own prayer]."
Accordingly: it is sunnah for you to pray alongside the person praying alone, and then, if someone else arrives afterward, you may go and fill the gap in the original row. And Allah, the Exalted, knows best.