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Jurisprudential Madhhabism: A Middle Path between Two Extremes
Author : Dr. Mufti. Jadallah Bassam
Date Added : 05-01-2025

Jurisprudential Madhhabism: A Middle Path between Two Extremes

An Islamic legal ruling is based on established principles and evidence, serving as the foundation for all reasoning and issues, as it reflects the will of Allah The Almighty. He is the One who commands and prohibits, defining what is lawful (Halal) and unlawful (Haram). These determinations are not subject to human opinions, nor are they left to the whims and desires of people. The role of scholars, jurists, and muftis is to clarify the ruling of Allah. We are instructed to adhere strictly to Allah's commandments without exceeding them. Allah Says in the Quran (What means): "But say not - for any false thing that your tongues may put forth,- "This is lawful, and this is forbidden," so as to ascribe false things to God. For those who ascribe false things to God, will never prosper." [An-Nahl/116].
This foundational understanding of the concept of Islamic legal rulings, and its clear impact on defining the duties of muftis, judges, and scholars, is best demonstrated in its pure and correct form according to the principles of Ahlus-Sunnah Wal-Jama'ah. This stands in contrast to those who deviate into extremism, being either excessive or unjust, transgressing and overstepping the boundaries of what Allah The Almighty has revealed to His Messenger (PBUH). The clarification of this includes the following:
Ahlus-Sunnah Wal-Jama'ah have taken a balanced position between two extremes of extremism:
The First Group: This group prohibits examining evidence altogether and forbids Ijtihad (independent reasoning). Among the early sects holding such views were the Hashawiyyah, Batiniyyah, Ta'limiyyah, and extreme factions of the Hashashin, among others. They believe in following a particular teacher without any critical consideration, whether in matters of creed or jurisprudence and its principles. They claim that truth can only be known through the teachings of this teacher, whom they refer to as "the instructor" (Al-Mu'allim), hence their designation as the Ta'limiyyah or People of Instruction. The Second Group: This group mandates examining evidence in all cases and prohibits seeking guidance from scholars. In early sects, they included certain factions of the Qadariyyah. Some within this group denied consensus (Ijma'), claiming that one must rely solely on evidence. Examples include the Khawarij, some Mu'tazilah, and certain Shi'ah. Among contemporary intellectual movements, they include modernists, self-proclaimed "enlightened" and "rationalists," and those who reject adherence to traditional Islamic schools of thought (Madhahib). These groups obligate individuals to derive all rulings from the primary sources of Islamic law, whether related to creed or jurisprudence. They even reject referring to the opinions of esteemed scholars and the major schools of Islamic jurisprudence in the most intricate of issues. All of these factions assert that a person must derive the rulings they need directly from the foundational texts without relying on the expertise of jurists and scholars, though each faction expresses its views and beliefs in its own terms.
As for Ahlus-Sunnah Wal-Jama'ah, their stance is balanced and moderate, adhering to the definitive evidences of Shariah and the consensus (Ijma') of the Ummah. They uphold the obligation of Ijtihad, contemplation, and adherence to both rational and textual evidence in matters of creed and foundational principles. They believe it is a religious obligation upon every accountable individual (Mukallaf) to ascertain these matters through evidence and to recognize the principle of adhering to the established and credible schools of jurisprudence (Madhahib) while refraining from deviating from them. For this reason, consensus was reached on the necessity of following these schools after their establishment and widespread acceptance, as narrated by numerous scholars in works on jurisprudence and its principles.
This balanced stance of Ahlus-Sunnah Wal-Jama'ah, emphasizing the obligation of laypeople to follow qualified jurists and experts among the scholars of jurisprudence (Fuqaha), is supported by numerous Shariah evidences. Among them are:
The verse: "if ye realise this not, ask of those who possess the Message."
[An-Nahl/43].
The verse:" When there comes to them some matter touching (Public) safety or fear, they divulge it. If they had only referred it to the Apostle, or to those charged with authority among them, the proper investigators would have Tested it from them (direct). Were it not for the Grace and Mercy of God unto you, all but a few of you would have fallen into the clutches of Satan."
[An-Nisa/83].
The verse: "Nor should the Believers all go forth together: if a contingent from every expedition remained behind, they could devote themselves to studies in religion, and admonish the people when they return to them,- that thus they (may learn) to guard themselves (against evil)."
[At-Tawbah/122].
This is in addition to other similar evidences from the Shariah.                       The positions of the deviant sects, driven by extremism, have caused significant disruption in the structure of the Islamic society. This has led to the spread of Fitan (trials) such as Takfir (excommunication), Tazlil (misguidance), and Tabdi' (innovation), as well as the proliferation of movements that applied erroneous principles, either in the form of intellectual or military calls. This disruption is not limited to a single aspect of life; rather, it has a broad and pervasive impact, affecting all areas of individual and family life. It extends further to institutions and the sectors overseen by the state.
Hence, the methodology of Ahl Al-Sunnah, and what they have unanimously agreed upon in following the established jurisprudential schools, is a solid scientific foundation in demonstrating servitude to the Lord of the worlds and practicing aspects of worldly life with ease and openness. Their methodology is the most just and the most appropriate in attaining human interests, preventing harms to people, and achieving both worldly and eternal happiness. It is therefore obligatory upon us to follow the path laid down by our scholars and the methods they have derived from sound scientific principles.

 

 

 

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Summarized Fatawaa

I made a vow "If the Israeli troops retreated out of Gaza strip I will buy a cake from a certain bakery" and it happened. Am I obliged to buy from the same bakery?

You are obliged to buy from the same bakery. And Allah Knows Best.

I`m a university student. While I was sitting for an exam, the professor caught my fellow student cheating. I heard him telling her to hide the dossier. After the exam, he asked me to testify that I saw her cheating although I heard him telling her to hide the dossier but didn`t see her cheating. What is the ruling of Sharia on this?

All perfect praise be to Allah the Lord of The Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It was narrated that the Prophet (PBUH) said to a man: "Do you see the sun?" He replied: "Yes." He said: "Give witness in a similar case [which is as clear as the sun], or leave it." [Reported by Al-Baihaqhi in "Sho`ab Al-Eman" pp.10964]. Therefore, it is not permissible to testify about something that you haven`t actually seen. And Allah The Almighty Knows Best.

Am I Permitted to Use Ill-gotten Money given to me from Sorcerer's Sons during during my Mother's condolence?

You are permitted to use this money if you were ascertain that the majority of his lawful money surpasses the unlawful one. And Allah Knows Best.

I went to the health center today to take an intramuscular injection of Neurorubin B12. The nurse told me that this type of injection breaks the fast because it nourishes the body. Is this true? I have heard that intramuscular injections do not break the fast, but I was unsure about this type, so I decided not to take the injection.
 
 
 
 
 

Therapeutic injections administered subcutaneously or intramuscularly do not invalidate the fast because they do not enter the digestive tract through an open passage. However, intravenous injections containing nutritional fluids do break the fast, as they are akin to food and drink in effect. The B12 injection is a therapeutic injection and does not break the fast. And Allah Knows Best.