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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

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

What is the ruling on a mother giving the Zakat of her wealth to her children?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for a mother to give her children from the Zakat if they are among those who are eligible for it—such as being poor (Fuqara), possessing no wealth, and not being sufficiently provided for by the maintenance (Nafaqah) of others. This is based on the statement of the Messenger of Allah ﷺ regarding Zaynab, the wife of 'Abdullah ibn Mas'ud (may Allah be pleased with them both): (Your husband and your children are the most deserving of those upon whom you spend in charity) [Narrated by Al-Bukhari].
 
It is stated in [Al-Hawi al-Kabir, Vol. 8/P.537]: 'As for the wife, it is permissible for her to pay her Zakat to her husband from all the designated shares... Our evidence is the generality of the saying of Allah the Almighty: "Zakat expenditures are only for the poor and for the needy", and the Hadith of Abu Hurairah that the Prophet ﷺ said to Zaynab, the wife of 'Abdullah ibn Mas'ud: (Your husband and your children are the most deserving of those upon whom you spend), and this is taken in its general sense.' And Allah the Exalted knows best.

Does the use of suppositories, enemas, or hemorrhoid creams affect the validity of fasting?

Enemas and suppositories inserted through either of the two private passages invalidate the fast. This ruling is based on the statement of Ibn Abbas (may Allah be pleased with him): "Breaking the fast occurs from what enters (the body), not from what exits." [Reported by Al-Bayhaqi in As-Sunan Al-Kubra]
His generalization regarding anything entering the body indicates that it invalidates fasting, whether it is nutritious or not, as even non-nutritious substances resemble food in form.
It is recommended to use them before Fajr or after Iftar. However, if a person must use them while fasting, they should continue refraining from food and drink for the rest of the day and make up for that day later.

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.