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."

 

The published article reflects the opinion of its author

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Summarized Fatawaa

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.

I`m infatuated with a man, is it permissible for me to make supplication that he falls in love with me and becomes my husband?

Islam has honored women by being proposed to by men, and not the other way around, so it is inappropriate for a woman to propose to a man since one who hastens in asking for a thing prematurely shall be punished by deprivation. In fact, such a phenomenon is the result of unlawful mixing between the two sexes.

Is it permissible for a husband to stop his wife from visiting her family?

A husband shouldn`t stop his wife from visiting her family, and it is disliked for him to do so because such an act makes them harbor feelings of hatred against him.

Which holds greater virtue: The Udhiyah (Sacrificial Offering) or giving its value in Charity (Sadaqah)?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial offering) holds greater virtue than donating its monetary value to the poor and needy. This is because the sacrifice is a prominent, manifest ritual among the sacred symbols of Islam. Allah Almighty says: "That [is so]. And whoever honors the symbols of Allah - indeed, it is from the piety of hearts." (Al-Hajj: 32)
 
Furthermore, there are numerous authentic and explicit Hadiths highlighting its immense reward. The Prophet (peace and blessings be upon him) consistently offered this sacrifice, as did the Righteous Caliphs after him. And Allah the Almighty Knows Best.