The Correct Understanding of The Fiqh of Current Affairs – Abu Hakeem Bilaal Davis
The Sunnah Is Like The Ark of Noah
As part of Muwahhideen Publication’s Summer Conference 2014 entitled, “The Sunnah Is Like The Ark of Noah”
The Prophet (sallAllahu ‘alayhi wa sallam) said: “I am pleased with for this Ummah what Ibn Ummi ‘Abd (i.e. ‘Abdullah Ibn Mas’ood) is pleased with for this Ummah.”
No doubt this is a very relevant hadeeth since the pieces of advice Ibn Mas’ood gave to this Ummah after the death of the Messenger were many. In a narration authenticated by Shaykh al-Albaani (rahimahullah) which was collected by Imaam ad-Daarimee, Imaam al-Laalakaa’ee and others, he (radhiyAllahu ‘anhu) said to his students:
“How will you be when you are overcome by fitnah? A fitnah that will cause the young to grow old and it will cause the old to become elderly. If something is abandoned in that time then it is said that the Sunnah has been left (in reference to the people abandoning something from bid’ah).” It was said to him: “When will that be Yaa Abaa ‘Abdir Rahmaan?” He said: “When your ‘Ulamaa` disappear and your juhhaal become plentiful; and your reciters become plentiful and your Fuqahaa become small in number; .and when your leaders become large in number (during the time of Ibn Mas’ood there was the Khilaafah Raashidah so one leader was present and beneath him were individuals in charge of certain regions who were answerable to the main Khaleefah) and the trustworthy ones among you become few; and when the dunyaa is sought by way of the actions of the Aakhirah and the people gain Fiqh for other than the Deen.”
Fiqh-ul-Waaqi’ is a reference to a particular type of knowledge, which has been utilized by those who are affected by the various deviant calls – for the most part, the call of the Ikhwaan al-Muslimeem and those affected by them. Usually what they mean by “al-Waaqi’” is the things that are taking place within the political arena, and they use this statement against our ‘Ulamaa`. This term has come about by the merging of two words: al-Fiqh and al-Waaqi’.
Linguistically, Fiqh with Ahlul ‘Ilm returns to fahm (understanding).
Shaykh Ibn ‘Uthaymeen (rahimahullah) stated that it is to have knowledge of the rulings of theSharee’ah that return to action; those rulings being extrapolated from their detailed proofs.
When our scholars define Fiqh, they likewise define the Faqeeh.
Imaam Ibn al-Qayyim (rahimahullah) mentioned concerning the Fuqahaa that they are the ‘Ulamaa` of Islaam and those who fatwaa return to and revolve around their statements. They are specialized in extrapolating rulings and concentrate on making precise principles of Halaal and Haraam.
Regarding the second part of the statement “al-Waaqi’”, it is a reference to those things that actually occur/ take place. The question is how does one obtain Fiqh-ul-Waaqi’? Are there any particular books authored by the ‘Ulamaa` that one may study from and obtain Fiqh-ul-Waaqi’? When they speak of Fiqh-ul-Waaqi’, what they want for us is that instead of understanding the Book of Allah and studying the Sunnah, ‘Aqeedah and true Fiqh they want us to waste our time with these news stations and magazines.
How then do we approach this affair of Fiqh-ul-Waaqi’? Our Scholars mention that the issue is not Fiqh-ul-Waaqi’ (understanding OF the current affairs) but the issue is to have Fiqh fil-Waaqi’ (understanding [fiqh] IN the current affairs).
The affair returns to knowledge and it is not one of sitting with those who agree with us or those whom we like. Now we hear of individuals calling to the Khilaafah in our time – Abu Bakr al-Baghdaadi who is now heralded the Khaleefah in ‘Iraaq and Shaam. We see the videos they display that absolutely amazes us that the various media channels would even display those videos. Do they not see that it is likewise a means to entice some of the youth who perhaps never came across those videos?
We hear people making statements that the Khilaafah is established and we are not going to join them, to the extent that some of the youth feel guilty. And this no doubt returns to the same jahl we are speaking of. When our ‘Ulamaa stand up and speak, they say O youth fear Allah regarding yourselves, this is not the Khilaafah! And this is not something our youth should be going towards. The smallest amount of Fiqh of the Book and the Sunnah would indicate to them that this could not possibly be the Khilaafah. Look at the actions of the man and what he carries out. In some videos you see them driving around and shooting indiscriminately at cars they encounter thus killing all the inhabitants of the car – men, women and children. Is this the Khilaafah Raashidah?
The Messenger (sallAllahu ‘alayhi wa sallam) said: “The Prophethood will remain amongst you for as long as Allah wills it to be. Then Allah will raise it when He wills to raise it. Then there will be the Khilaafah upon the Prophetic methodology. And it will last for as long as Allah wills it to last. Then Allah will raise it when He wills to raise it. Then there will be biting kingship, and it will remain for as long as Allah wills it to remain. Then Allah will raise it when He wills to raise it. Then there will be tyrannical kingship and it will remain for as long as Allah wills it to remain. Then He will raise it when He wills to raise it. Then there will be a Khilaafah upon the Prophetic methodology.” Then he (the Prophet) was silent.
So if we look then to this claim of it being the Khilaafah that has been spoken about in the ahaadeeth, look at the actions of this individual, is it upon the Prophetic methodology? There is a video where they have a number of Christians lined up and each one of them took Shahaadah, yet they beheaded them one by one even after they pronounced the Shahaadah. When Usaamah Ibn Zayd(radhiyAllahu ‘anhumaa) confronted a man in battle and just as he was about to kill him, the man pronounced the Shahaadah and Usaamah killed him anyway. When this got back to the Messenger he said: “Yaa Usaaamah! You killed him after he said Laa ilaaha illa Allah!?” he said: “But Yaa Rasool Allah, he only said it in order to sae himself.” So the Messenger said: “Yaa Usaaamah! You killed him after he said Laa ilaaha illa Allah!? What would you do in front of Allah when he comes with Laa ilaaha illa Allah?!” Usamaah said that the Messenger (sallAllahu ‘alayhi wa sallam) continued to repeat this to the extent that he wished he had not yet embraced Islaam.
In another video, they enter into a masjid and the people say Wallahi, we bear witness to Laa ilaaha illa Allah yet they kill everyone in the masjid. Another video, a man is kneeling before this Abu Bakr who asked him if he understands anything about Islaam, the Prophet Muhammad and other aspects of faith, the man said: I don’t know much, I am a regular man, you teach me, and in spite of this he killed the man.
How many instances do we have where ignorant Bedouin Arabs approached the Messenger (sallAllahu ‘alayhi wa sallam) and he taught and explained to them to the extent that many of them would take Shahaadah either on the basis of this teaching the Messenger gave to them or merely on the basis of them observing his actions. A man came to the Messenger saying: “O Muhammad, give me something from wealth!” So he (sallAllahu ‘alayhi wa sallam) said: “Those sheep between those two mountains, all of them are yours.” So the man took all of the sheep and went back to his tribe and said: “O my people embrace Islaam because verily Muhammad gives and he does not fear poverty.”
Another man came to Messenger of Allah (sallAllahu ‘alayhi wa sallam) and pulled his cloak to the extent that he span and the narrator mentions that you could see the mark upon the shoulder of the Messenger from the tug. The man said: “Muhammad! Give me from the wealth of Allah that you have!” So the Messenger (sallAllahu ‘alayhi wa sallam) turned around, smiled and gave him from the wealth that Allah gave him. Before some of them even took Shahaadah the Messenger dealt with them well and on the basis of his actions, they would enter into Islaam.
Thumaamah was a prisoner of war and was tied up in the masjid for three days, and for three days they kept returning to him asking him what do you have to say? He would say: “O Muhammad I do not have anything additional to say but if you treat me well, you would treat well someone who is very grateful and thankful to you.” They would feed him and look after him and after the three days he had the same thing to say. Bearing in mind for the three days he was observing the five daily salaah, sittings of knowledge, the good treatment and the actions of the Messenger (sallAllahu ‘alayhi wa sallam). After the third day they untied him and let him go. As soon as they untied him he said: “Yaa Muhammad! Ashadu an-laa ilaaha illa Allah wa anna Muhammadan Rasool Allah”. Because he saw the good treatment of the Messenger and observed the ‘ibaadah, ‘ilm and khayr of the Muslims, this was sufficient for him. There is no text that the Messenger (sallAllahu ‘alayhi wa sallam) sat down and explained the details of the Deen to him.
As soon as the Messenger released him he embraced Islaam. Contrast that with the Abu Bakr al-Baghdaadi that we see – pillaging, killing, taking life and spilling blood. The Messenger prohibited the killing of women, children, the elderly and people of religion in Jihaad. If this is a jihaad as they claim, it is haraam to kill women, haraam to kill children, haraam to kill the elderly, haraam to kill men of religion (priests, rabbis). When you look at this killing of theirs, it is clear that they kill women, children and the elderly. This is the Khilaafah upon the Prophetic methodology that these people are speaking of?
How did this man even become a Khaleefah?! He stood up in a masjid in Mosul saying: “Verily I have been placed in charge of the affairs over you and I am not the best of you”, trying to mimic Abu Bakr as-Siddeeq (radhiyAllahu ‘anhu) when he was given the Khilaafah. So that’s it? He is the Khaleefah because he stood up and said this and a few of his little band agrees that he should be made the leader?
Who is Abu Bakr al-Baghdaadi? Where did he come from? What is his level of knowledge and understanding in Deen, Fiqh? Even those who are well-known Khawaarij such as al-Maqdisee declare him a false Khaleefah and his Khilaafah is not to be recognized – another Khaarijee denouncing his Khilaafah.
The Islaamic, legislated Khaleefah has beneath him the rulers of the various Islaamic lands who report to him, are answerable to him, they carry out his command and they recognize him as the leader of the Ummah. Which other state is under this Khaleefah and which other leader recognizes him as such?
“O you who believe! Obey Allah and obey the Messenger, and those of you (Muslims) who are in authority”. [Soorah an-Nisaa` 4:59]
“Ulil Amr” – those who are the possessors of al-Amr. Likewise, those who are in charge are referred to as Ahlul Halli wal-‘Aqd. Any Khaleefah, he is considered at the head of Ahlul Halli wal-‘Aqd i.e. he is at the head of those who are in charge of all of the mechanisms within the state. Ahlul Hall, which is a reference to taking care of/ dealing with and resolving issues and ‘Aqd in reference to binding, fortifying, solidifying affairs. They are those who have the instruments of government in their hand; within the state, they are able to fulfil what the state needs. They are in charge not only of a band of individuals who carry out skirmishes; they are in charge of the entire military, economics, finance, health, education – all of the mechanisms within the state are beneath them. If they give a command, it is carried out.
So what is it that he (Abu Bakr al-Baghdaadi) has in his disposal? Yes, they have won some victories in certain regions within ‘Iraaq and Shaam. Who recognizes him as a leader in those countries? Which Islaamic state recognizes his state and his leadership? Who from Ahlul ‘Ilm(people of knowledge) have affirmed that he is the Khaleefah? One ‘Aalim or even Taalib-ul-‘Ilm(students of knowledge)? Yet still the Ummah is immersed in junoon(madness) that people may claim that this is the Khaleefah we should run to and support. No doubt the affair is as Ibn Mas’ood mentioned in that tremendous athar.
The affair of Palestine is another issue. Now we believe that freeing or helping the affair is to wear Free Palestine t-shirts or to change our WhatsApp picture and this will somehow affect some type of change in Palestine. Are we really serious? We actually believe that is going to affect change and bring about khayr? They say the protesting is to bring awareness to the kuffaar, as though they are able to change our situation and remove from us the humiliation and oppression. The affair is in the Hands of Allah.
As the Messenger (sallAllahu ‘alayhi wa sallam) mentioned: “If you trade with ‘eenah and hold on to the tail of the cow, and are pleased with agriculture and you leave alone Jihaad, Allah will place upon you humiliation and will not lift it from you until you return to your Deen.”
It is Allah who will place the humiliation, not the Jews or Christians or Zionists or the various European countries; the sooner we understand this, the better. And Allah will not lift this humiliation until you return to your Deen – not to Jihaad or anything else – until you return to your Deen. When you return to knowledge and Deen, then In shaa` Allah something from this humiliation and madness will be raised.
These affairs of the waaqi’ return to our ‘Ulamaa` – those who have Fiqh FIL-Waaqi’ – those who have knowledge of what needs to be done and how to act in the waaqi’. Sometimes their advice goes against our desires but Fiqh and ‘Ilm necessitates holding on to their advice and being patient with what they have advised because no doubt they are upon noor and they advise and instruct this Islaamic Ummah.
Wa Billahi Tawfeeq
Wa SallAllahu wa Sallama wa Baarak ‘alaa Nabiyyinaa Muhammad wa ‘alaa ‘Alyhi wa Sahbyhi wa Sallam