Articles

The Social Function of Writing and Authorship
Author : Dr. Hassan Abu_Arqoub
Date Added : 07-08-2024

Writing and authorship serve several functions that authors need to consider, such as compiling scattered information, clarifying ambiguities, or solving problems, among others. However, a group of Muslim scholars viewed a completely different function: the social function. This means that the purpose of authorship is to provide a service to the community and the nation, not just to students of knowledge. These services vary depending on the issues the scholar views as requiring solutions. Following are three examples to illustrate and explain this point:


First: Imam Abu al-Maali al-Juwayni (d. 478 AH), known as Imam al-Haramain, authored his famous book "Ghayath al-Ummam fi al-Tiyas al-Zulm" based on a premise: What should be done if a time is devoid of scholars and jurists? He addresses the concerns of the nation and provides solutions to this problem that a community might face. This demonstrates a thoughtful approach that serves the community by identifying a problem and proposing a solution. He states: "Let it be clear that the basis for the Sharia is its transmitted sources, and those who bear its burdens are those capable of ijtihad, who embody the highest virtues of piety and righteousness. They are the pillars and supports. If a time were to be devoid of such pillars and supports, then I would adhere to the principle of patience and caution. I wonder what will the devoted do when the sea of corruption swells? When people substitute extremism and negligence for the path of moderation, and Muslims are afflicted with scholars who are unreliable due to their corruption and ascetics who are not to be followed due to their laxity! Will there remain any path to guidance, or will people be lost in chaos, neglecting their direction, and rushing towards ruin?"


Second: The "Hujjat al-Islam" Imam al-Ghazali (d. 505 AH), the student of Imam al-Haramain, who follows the same path. It is likely that this concern for the nation and society was transmitted to him from his teacher. Imam al-Ghazali, when he observed that most people had turned away from the path of the Hereafter and followed their whims and desires, and that their time had deprived them of true inheritors of the prophets, leaving the era devoid of those who guide to Allah, except for whom Allah wills, sought to address this gap. He aimed to correct the course of the nation and Muslim societies through his valuable book "Ihya' Ulum al-Din". The "Hujjat al-Islam" says: "The guides on the path are the scholars who are the heirs of the prophets. The time has been devoid of them, leaving only those who are merely pretenders. Most of them have been overtaken by Satan and misled by tyranny. Each one has become engrossed in his own immediate gains, seeing good as evil and evil as good. Thus, the knowledge of religion has become obscured, and the beacon of guidance on the earth has become dim... As for the knowledge of the Hereafter and what the righteous predecessors practiced, which Allah has described in His Book as understanding, wisdom, knowledge, light, and guidance, it has become forgotten and neglected among the people. Given that this is a serious breach and an alarming issue in religion, I saw it necessary to engage in compiling this book, aiming to revive the sciences of religion, reveal the methods of the early imams, and clarify the benefits of useful knowledge as understood by the righteous predecessors."


Third: Shaykh al-Islam, Imam Taj al-Din al-Subki (d. 771 AH), to address a question that resonates with people and impacts their lives: How can one return blessings after losing them? He discusses the responsibilities of craftsmen, officials, and merchants, and what pertains to each of them. He summarizes this in the introduction to his book "Mua'id al-Ni'am wa Mubiid al-Niqam", saying: "Is there a way for someone who has lost a religious or worldly blessing to regain it? I hope that anyone who has experienced a blessing from Allah in their religion or worldly life and has lost it, if they read this book with belief, understand it, and act upon its teachings after believing in them, will have that blessing or something better returned to them. Their worries will be entirely removed, and they will be transformed into a state of joy and happiness."

 

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Summarized Fatawaa

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

What is the ruling on performing dry ablution (tayammum) instead of the ritual bath due to severe cold?

Whoever is sick such that he cannot use water, or finds the water cold and heating it is not possible, and the person would be harmed by using cold water, it is permissible for him to perform tayammum. He must make up what he prayed with tayammum, because this is a place where there is water. And Allah the Almighty knows best.

What is the ruling of Islamic Law on someone who wakes up in a state of janābah (major ritual impurity) near the very end of the prayer's designated time, during cold weather — should he heat water in order to perform ghusl, even though the prayer's time will expire as a result, or should he perform tayammum instead?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the water is cold, and cannot be used due to fear of harm that is not ordinarily tolerable, or that would result in illness, then in this case it becomes obligatory to heat the water — even if heating it causes the time for Fajr to expire — and no sin is incurred in doing so, due to his valid excuse. He may not resort to tayammum (dry ablution) instead, since water remains available [and merely needs to be heated].
Imam Shihāb ad-Dīn Aḥmad ar-Ramlī (raḥimahullāh) said: "He was asked regarding a person who, if he were to use cold water, would experience harm that permits tayammum, and who has access to something with which he could heat the water — but if he heats it, the prayer's time will expire. Is it obligatory for him to heat it even if the time expires, or should he pray with tayammum within the prescribed time? He answered that it is obligatory for him to heat the water, even if the time for that particular obligatory prayer expires." [Fatāwā ar-Ramlī, Vol.1/P.98]
Imam al-Bājūrī (raḥimahullāh) said in his Ḥāshiyah on Sharḥ Ibn Qāsim (Vol.1/P.173): "And if he fears [harm] from using cold water, and is currently unable to heat it, but knows of a place where firewood is available, such that if he were to go there he would not return until after the prescribed time has expired — what appears [to be the correct position] is that it is obligatory for him to go and seek the firewood, even if the time expires as a result, as this is the position ultimately settled upon by ar-Ramlī, and as related from him by Ibn Qāsim." And Allah, the Exalted, knows best.

I bought an apartment, and I am saving money to pay the remaining balance of its price — is zakāh obligatory on this money?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh is obligatory on all saved/hoarded wealth. Once the total wealth reaches the niṣāb (minimum threshold liable for zakah— equivalent to the value of 85 grams of pure 24-karat gold) and a full ḥawl (lunar year) has elapsed over it, zakāh becomes obligatory at a rate of (2.5%) — even if the wealth is earmarked for basic future needs, and even if the wealth's owner is in debt. Debt does not prevent the obligation of zakāh, nor is it deducted when calculating the zakāh due, based on the general and unrestricted wording of all the Qur'anic verses commanding zakāh, which draw no distinction between someone in debt and anyone else.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone possesses exactly the niṣāb, and owes an equivalent amount in debt, zakāh remains obligatory on what is in his possession, and the debt does not prevent this obligation" — meaning, the obligation of zakāh on what is presently in his possession.
The ḥawl (annual cycle) recognized for zakāh, as well as for the other sharī‘ah obligations that Allah, the Exalted, has imposed upon Muslims, is the Hijrī (lunar) year. And Allah, the Exalted, knows best.