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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

Can someone break a make up fast (qada) after beginning it?

Once a person begins a make up fast (qada), it is prohibited to break it.
If they break it without a valid excuse, they are sinful, and the missed Ramadan fast remains a debt upon them.

What is the ruling on using toothpaste during the day in Ramadan?

Using toothpaste does not break the fast as long as nothing reaches the body cavity. However, it is disliked (makruh).
It is preferable for a fasting person to use it before the time of fast starts or after Iftar (breaking the fast) to avoid risking their fast.

What are the Sunnahs and etiquettes recommended for the person offering the Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
There are several Sunnahs and etiquettes that are recommended for the person offering the Udhiyah (sacrifice) to observe, including:
 
1. Refraining from Cutting Hair and Nails
It is Sunnah for the one intending to sacrifice to refrain from removing any hair or nails once the first ten days of Dhul-Hijjah begin.
 
The Prophet (peace be upon him) said: "When the ten days [of Dhul-Hijjah] begin and one of you intends to offer a sacrifice, let him not touch [remove] any of his hair or skin." [Narrated by Muslim].
 
If someone does remove any hair or nails, they have not committed a sin, and their sacrifice remains valid.
 
2. Performing the Slaughter Personally (or Witnessing it)
It is recommended for the person offering the sacrifice to slaughter the animal themselves. If they are unable to do so, they should witness the slaughter.
 
The Messenger of Allah (peace be upon him) said to Fatimah (may Allah be pleased with her): "Stand and witness your sacrifice, for indeed, with its first drop of blood, your [previous sins] are forgiven." [Narrated by Al-Bayhaqi and Al-Tabarani; it is classified as a weak (da'if) hadith].
 
3. Facing the Qiblah
The animal should be positioned to face the Qiblah at the time of slaughter, as the Qiblah is the most noble of directions.
 
4. Mentioning Allah's Name (Tasmiyah)
The slaughterer should say: "Bismillah ar-Rahman ar-Rahim" (In the name of Allah, the Entirely Merciful, the Especially Merciful). Even if one forgets to say it, the sacrifice is still permissible to eat.
 
Allah (Blessed and Exalted be He) says: "So eat of that [meat] upon which the name of Allah has been mentioned" [Al-An'am: 118].
 
It is also recommended to send blessings upon the Messenger of Allah (peace be upon him) and to say "Allahu Akbar" (Allah is the Greatest) after the Tasmiyah.
 
5. Supplicating for Acceptance
The slaughterer should pray for the sacrifice to be accepted by saying:
 
"O Allah, this is from You and for You, so please accept it from me." (Allahumma hadhihi minka wa ilayka, fataqabbal minni).
 
And Allah the Almighty knows best.

What is the ruling on brown discharge before the menstrual period? Is it considered part of menstruation (Hayd)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Dusky discharge (Kudrah), reddish discharge (Humrah), and yellowish discharge (Sufrah) are all considered menstruation (Hayd) if they occur during the time of the menstrual cycle. If their duration exceeds a day and a night, and the period persists from the first sight of the discharge until the cessation of the menstrual blood—provided the total duration does not exceed fifteen days—then all of it is menstruation. However, if the duration exceeds fifteen days, then the discharge is not considered menstruation, but rather chronic irregular bleeding (Istihadah). And Allah the Exalted knows best.