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

Is it permissible for a pious Muslim woman to stay with her husband who had quit praying out of laziness?

Quitting prayer is one of the major grave sins that come after disbelieving in Allah, but the wife of such a person isn`t considered divorced, rather, she should exert all her efforts in order to bring him back to the way of Islam. However, if his sin is likely to lure her from the way of Islam, then she had better separate from him by lawful means such as Mokhal`aa (When a wife pays a compensation for her husband in return for divorcing her). Moreover, if she exercises patience, and remains steadfast on her faith, then there is no harm in doing that.

Is it permissible for a woman to shake hands with her brother-in-law?

It is forbidden for the woman to shake hands with her brother-in-law because he isn`t a Mahram (unmarriageable) of hers.

What is the expiation for perjury?

One who commits perjury should repent, seek Allah`s forgiveness and offer an expiation which is: feeding ten indigent persons, or clothing them, or giving a slave his freedom, but if that is beyond his means then, he should fast for three days. Allah, The Almighty, Says in this regard (What means): "Allah will not call you to account for what is futile in your oaths, but He will call you to account for your deliberate oaths: for expiation, feed ten indigent persons, on a scale of the average for the food of your families; or clothe them; or give a slave his freedom. If that is beyond your means, fast for three days. That is the expiation for the oaths ye have sworn. But keep to your oaths. Thus doth Allah make clear to you His signs, that ye may be grateful." [Al-Ma`idah/89].

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.